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HomeMy WebLinkAbout1977-04-18_COUNCIL MEETINGAGENDA EDINA CITY COUNCIL APRIL 18, 1977 7:00 P.M. ROLLCALL MINUTES of March 21, 1977, approved as submitted or corrected by motion of , seconded by RESOLUTION OF CONDOLENCE - MRS. BARBARA CASSELMAN "RESPECT FOR LAW WEEK" PROCLAMATION I. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Affidavits of Notice by Clerk. Presentation by Manager and Engineer. Spectators heard. If Council wishes to proceed, 4/5 favorable rollcall vote to pass P -C -124, P -BA -226, P -C -126 and P -BA -227. 3/5 favorable rollcall vote to pass P -S -21 and P -S -22. A. Grading and Graveling Improvement No. P -C -124 - Amundson Ave. from Cahill Road to Dewey Hill Road (Continued from 1/17/77) B. Street Improvement No. P -BA -226 - Amundson Ave. from Cahill Road to Dewey Hill Road (Continued from 1/17/77) C. Grading & Graveling Improvement No. P -C -126 - Delaney Blvd. from Dewey Hill to W. 78th St. = D. Street Improvement No. P -BA -227 - Delaney Blvd. from Dewey Hill Road to W. 78th St. E. Sidewalk Improvement No. P -S -21 - North side of W. 70th Street from Hill - side Lane to Antrim Road F. Sidewalk Improvement No. P -S -22 - East side of Antrim Road from W. 70th Street North to existing sidewalk on Antrim Road II. PUBLIC HEARING ON STREET NAME CHANGE Affidavits of Notice by Clerk. Presenta- tion by Engineer. Spectators heard. Action of Council by Ordinance. First Reading requires offering of Ordinance only. 4/5 favorable rollcall vote to pass if Second Reading should be waived. A. Marth Road to " Marth Court" III. REPORTS AND PUBLIC HEARINGS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. First Reading (Public Hearing) of Zoning Ordinances require offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading or if Second Reading should be waived. Lot Divisions, Plats, Declarations of Buildable Lots and Flood Plain Permits require 3/5 favorable rollcall vote to pass. A. Interlachen Hills 3rd Addition - Wallace Kenneth - Generally located East of Lincoln Drive and West of Malibu Drive Extended (Continued from 4/4/77) 1. Public Hearing - Rezoning from R -4 Multiple Residence District to R -2 - and R -4 Multiple Residence District and to R -1 Single Family Residence District - Z -77 -2 and Z -77 -4 2. -- Public Hearing - Preliminary Plat Approval - S -77 -2 B. Colonial Church of Edina - Located South of Olinger Blvd. and West of Tracy Ave. 1. Public Hearin - Rezoning from PRD -1 Planned Residential District to PRD -1 Planned Residential District (Plan Change) - Z -77 -9 (3/30/77) 2. Public Hearing - Preliminary Plat- S -77 -6 (3/30/77) 3. Flood Plain Permit - FP -6 (3/30/77) C. Lot 2, Block 5, McCauley Heights 3rd Addition (S.E. corner McCaluey Trail and Indian Hills Road) 1. Public Hearing - Rezoning from R -2 Multiple Residence District to R -1 Single Family Residence District - Z -77 -7 (3/30/77) D. Lot 1, Block 1, Lot 1, Block 2, and Outlot A, Findell 2nd Addition - Located West of Cahill Road, North and South of Amundson Ave.-extended 1. Public Hearing - Rezoning from R -1 Residential District and R -3 Multiple Residential District to PRD -3 Planned Residential District - Z -77 -8 (3/30/77) E. Muir Woods 3rd Addition - Generally located East of Comanche Court along Valley View Road 1. Public Hearing - Preliminary Plat - S -77 -5 (3/30/77) F. McCauley Heights 7th Addition - Generally located East of McCauley Trail, North of McCauley Lane and South of McCauley Circle 1. Public Hearing - Preliminary Plat - S -77 -3 (3/2/77) G. Ordinance Amendments 1. Public Hearing on Ordinance No. 801 - Requiring platting of outlots and buildable lot divisions (3/30/77) 2. Amendment to Ordinance No. 811 - Setting dates for Council hearings (3/30/77) H. William Wardwell. Lewis Park Addition - Final Plat Approval April 18, 1977, Agenda Page Two J. Set Hearing Dates 1. Lots 7 and 8, Griffis Subdivision -of Block 18, Mendelssohn'- 527 -529 Arthur St. Lot Division - LD -77 -8 IV. AWARD OF BIDS Tabulations and recommendations by City Manager. Action of Council by Motion. A. Civil Defense Warning Siren B. Submersible Electric Motor and Cable V. RECOMMENDATIONS AND REPORTS A. Traffic Safety Committee Minutes of April 12, 1977 B. League of Minnesota Cities - Nomination for Officers & Directors C. Police Arbitration Award D. Veterans' Preference Panel Award F. Legislation Session Summary G. Minnehaha Creek Watershed Managers' Terms H. Purchase of H.R.A. Parking I. Purchase of Tractor and 7 Gang Mower . J. .Post Agenda and Manager's Miscellaneous Items VI. ORDINANCES First Reading requires offering of .Ordinance only. 4/5 favorable rollcall vote if Second Reading should be waived. A. First Reading 1. Ordinance No. 101 -A1 - Changing Order of Business for Council Meetings VII. RESOLUTIONS A. Police.Department.Application for Funds B. Senate File 322 - Watershed Law VIII. ANY OTHERS WHO DESIRE HEARING BEFORE COUNCIL IX. FINANCE A. Contract for Deed - Halvorson - Edina Replat B. Claims Paid: Motion of , seconded by , for payment of the following Claims -as per List A:. General.Fund, $22,434.87; Park, $1,592.89; Swimming, $20.70; Golf Course,.$4,931.89; Recreation, $389.65; Water Fund, $1,161.61; Sewer Fund, $72,252.00; Liquor, $30,875.02; Con- struction, $56,340.15; IBR, $65.20; Total, $190,063.98; and as per List B: General Fund, $99,081.47; Park, $6,652.11; Park Construction, $78.46;. 28 56• G if C $1 573 08• R ation $5 290 11• Gun Swimming, $ , o ourse, , , ecre , , , Range, $311.54; Water Fund, $5,515.40; Sewer Fund, $2,203.58; Liquor Fund, $95,388.02; Construction, $151.34;.Total, $216,900.67; Total List A and List B, $406,964.65. ll� I ^{ I II L! i 1 April 22, 1977 Mr. Thomas N. Casselman 5825 West 61st Street Edina, Minnesota 55436 Dear Mr. Casselman: All of us at City Hall, who had the opportunity to work with Mrs. Casselman, join me in extending our deep personal sympathies to you and the children. The enclosed copies of a Resolution passed by the Council will, I hope, express the official sentiment of the City. Sincerely yours, Warren C. Hyde City Manager WCH /md enc RESOLUTION OF CONDOLENCE WHEREAS, Mrs. Barbara Casselman was greatly concerned for the quality of the environment and of life in the world about her; and WHEREAS, Mrs. Barbara Casselman served as a member of the Environ- mental Quality Commission of the City of Edina from March, 1974, until her death on April 15, 1977; and WHEREAS, Mrs. Barbara Casselman served as Chairman of the Environmental Quality Commission of the City of Edina from June, 1976, until her death; and WHEREAS, Mrs. Barbara Casselman served as a member of the Recycling Commission of the City of Edina from April, 1976, until her death; and WHEREAS, Mrs. Barbara Casselman gave freely of her time as a dedicated member of the Edina Open Space Committee; and WHEREAS, Mrs. Barbara Casselman, as a part of her great interest in the political life of her community and her country, served for many years as an Election Judge for the City of Edina; and WHEREAS, Mrs. Barbara Casselman continued to serve the City of Edina, her fellow man, and provided inspiration to all despite her failing physical health during the past months; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council extend its heartfelt sympathy to the family of MRS. BARBARA CASSELMAN during the time of their bereavement; and BE IT FURTHER REVOLVED that a copy of this resolution be spread upon the pages of the Minutes Book of the City of Edina and that a suitable copy be presented to her family. LEGISLATIVE SUMMARY LEGISLATIVE SESSION MOVING SLOWLY. The first six years under changed legislative majority leadership were marked by the large volume of legislation introduced each session and the corresponding amount of that legislation that was passed and signed into law. Such action is common with change in party leadership. This year, however, a new mood is. apparent in the legislative process. Lobbyists are commenting on the slowness of the session. Few bills were introduced early in the session. The bills that were introduced moved more slowly through the legislative process, and many bills were sidetracked for futher study during the interim between legislative sessions. Informal sources state that this session is viewed as a review and clean -up session by party leadership in both houses. As of April 1, only four bills had passed and been signed into law. The pace is beginning to quicken somewhat with 21 laws enacted as of April 15th. Still, this is substantially less than the amount of legislation passed in the recent past for the corresponding period of time. Both houses of the Legislature and the Governor's Office are talking about streamlining governmental agencies and procedurally changing governmental program effectuation. You can expect to see research and study in these areas during the interim with reorganization packages likely to appear the second half of the biennium. 1977 OMNIBUS TAX BILL Drafting is just beginning on the 1977 Omnibus Tax Bill. Little is presently known about its content. Rumor is that the city share of Local Government Aid funding will be increased. A corresponding effort to reduce the yearly percentage increase in Department of Revenue imposed levy limitations from 6 percent to 5 percent may be attempted. (2) AMENDMENTS TO UNEMPLOYMENT LAW The first bill of city interest to be passed into law this session as Laws 1977, Chapter 4 was an amendment to the State Unemployment Act, now applicable to cities. The amendment provides that an employee must have earned $750 (previously $500) from terminated employment and must have worked fifteen (previously eighteen) credit weeks within that employment. The formula for establishing the weekly benefit amount has also been changed. Individuals who voluntarily leave their employment or who are discharged for misconduct are disqualified from receiving unemployment compensation benefits and from receiving waiting week credit for the period of their unemployment until they have earned four times their weekly benefit amount through newly acquired employment. UNIFORM ELECTION DAY BILL Heavy lobbying efforts by cities has slowed the momentum of the Uniform Election Day bill, sponsored by Schaaf in the Senate and Corbid in the House. The bill has not passed out of committee in either house and is not expected, at least at this time, to pass during this legislative session. The bill provides for uniform election dates in the odd - numbered year for all local government elected officials. When twice the number of persons to be elected file for a local office, a primary election on the second Monday in September would be mandated. The bill provides state reimbursement to cities and towns for election expenses of up to $1 for each person who voted or $100, whichever is greater. TAX INCREMENT FINANCING The recent Joint Task Force on Tax Increment Financing, sponsored by Minnesota Cities, resulted in legislation drafted to consolidate the present widely- scattered state law in the area. The first legislation to be introduced on tax increment financing was a bill authored by Senator Davies seeking to repeal tax increment financing. The League of Cities drafted legislation consolidating the present laws was then introduced. A week ago, a new House version modifying the League of Cities bill was introduced. The status of tax increment financing is in the great state of confusion. Phil Cohen predicts that tax increment financing will remain in some form after the legislative session but with a number of restrictions not presently existing in the law. SHADE TREE DISEASE CONTROL Senator Humprey's shade tree disease control bill has passed the Senate and both the Senate and House versions are presently in the House Appropriations Committee. The bill originally appropriated $20 million for grants to cities for sanitation programs and $5 million for grants for reforestation programs. Grants from the State to cities would not exceed 50 percent of the cost for each tree up to $50 per tree, and would be limited to grants to any city in any year for not more than one- half.of the number of trees removed in the sanitation program in the previous year. The cost of shade tree disease control programs would be a special levy not subject to the overall levy limitations. The House and Senate versions differ. There is a strong possibility that the bills will go to conference committee prior to final passage. Thd bill, however, seems to be the "hop on the bandwagon" bill of this session and is expected to pass in some form before the end of the session. HOUSE FILE ONE - HUMAN SERVICES WAYS AND MEANS BILL House File 1, authored by Rep. McCarron, and described by proponents as a human services ways and means bill moved quickly through the House but is presently tied up in committee in the Senate. This measure finally caught the attention of the press and has been widely publicized over the last couple weeks. For that reason, I will give the bill only summary attention. The bill is intended to streamline state funding of social services such as adoption, mental health, mental retardation, detoxification, child protection, and i public health services. The planning and appropriation responsibilities would be vested in the County Board. Barring unforeseen circumstances, it is unlikely that the measure with pass.the Senate this session. The last day of the legislative session is May 23.. 4 -22 -77 Re: House File No. 609, Senate File No. 522 I have today placed in the mail, certified copies of the Resolution passed by the City Council on April 18, 1977, to the following per the Resolution: Senator Otto T. Bang Senator Harmon T. Ogdahl Representative Mary Forsythe Representative William Dean Representative Ray 0. Pleasant President, Minnehaha Creek Watershed James A. Jones, President, Nine Mile District Creek Watershed District RF.CM.TTTTOM BE IT RESOLVED that the Edina City Council hereby appoints Craig Swanson, Chief of Police for the City of Edina, as the duly constituted agent for the City of Edina for the purpose of making application for reimbursement funds to defray the cost of salaries, expenses and substitute expenses during the basic training of Peace Officers of the City of Edina who have attended a certified training course approved by the Minnesota Peace Officers Training Board. ADOPTED this 18th day of April, 1977. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution is a true and correct copy of a resolution adopted by the Edina City Council at its Regular Meeting of April 18, 1977, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 19th day of April, 1977. Acting City Clerk RESOLUTION WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina; and WHEREAS, the City Council in regular meeting reviewed and dicussed the proposed legislation which is embodied in House File No. 609, Senate File No. 522; and WHEREAS, the City Council understands that the bill provides for the managers of the Minnehaha Creek Watershed District, the Nine Mile Creek Watershed District, and other watershed districts to finance water management related improvements with bonds to be issued by the County Board, which bonds would be paid for from either special assessments or the watershed district tax levy; and WHEREAS, the City Council understands that the passage of the bill is necessary to complete desirable and beneficial water management projects in the Minnehaha Creek Watershed District and the Nine Mile Creek Watershed District which are pending or underway; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina supports passage of the proposed legislation of House File No. 609, Senate File No. 522; BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Legislative representatives of the City of Edina in the Minnesota State Legislature, to the President of the Minnehaha Creek Watershed District Board of Managers, and to the President of the Nine Mile Creek Watershed District. ADOPTED this 18th day of April, 1977. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution is a true and correct copy of a resolution adopted by the Edina City Council at its Regular Meeting of April 18, 1977, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 19th day of April, 1977. Acting City Clerk RESOLUTION OF CONDOLENCE WHEREAS, Mrs. Barbara Casselman was greatly concerned for the quality of the environment and of life in the world about her; and WHEREAS, Mrs. Barbara Casselman served as a member of the Environ- mental Quality Commission of the City of Edina from March, 1974, until her death on April 15, 1977; and WHEREAS, Mrs. Barbara Casselman served as Chairman of the Environmental Quality Commission of the City of Edina from June, 1976, until her death; and WHEREAS, Mrs. Barbara Casselman served as a member of the Recycling Commission of the City of Edina from April, 1976, until her death; and WHEREAS, Mrs. Barbara Casselman gave freely of her time as a dedicated member of the Edina Open Space Committee; and WHEREAS, Mrs. Barbara Casselman, as a part of her great interest in the political life of her community and her country, served for many years as an Election Judge for the City of Edina; and WHEREAS, Mrs. Barbara Casselman continued to serve the City of Edina, her fellow man, and provided inspiration to all despite her failing physical health during the past months; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council extend its heartfelt sympathy to the family of MRS. BARBARA CASSELMAN during the time of their bereavement; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the pages of the Minutes Book of the City of Edina and that a suitable copy be presented to her family. ADOPTED this 18th day of April, 1977. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution is a true and correct copy of a resolution adopted by the Edina City Council at its Regular Meeting of April 18, 1977, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 19th day of April, 1977. Acting City Clerk 0 .% LL-0 April 1, 1977 To: Mayor and Council From: Warren C. Hyde Subject: Police Department Reorganization and Promotions In general accordance with the reorganization proposed by the management consulting study, which was recommended in principle to you by Buresh, Merfeld, West and myself, and which we feel the Council has approved in concept, if not in final formal action, we have concluded the very comprehensive testing program authorized by Council and are prepared to make promotions to various positions at the salary levels approved by you in the 1977 salary resolution. Attached is a copy of the organization chart as proposed by the consultants, with three minor changes indicated which we feel are advisable for several reasons. At this time, we are not recommending the creation of the sergeant's position in the Juvenile Section. The additional salary cost of the promotions we are proposing to make for 1977 is $21,193.60, assuming that you approve and promotions are made effective April 6. There are some offsetting savings and we hope to have data on this by Monday night. We request at this time your approval of increasing the Police Department budget by the above amount. We have scheduled a meeting of the Department for Tuesday to announce the results of the testing and hopefully the promotions. If you have any questions or objections to the above, please call me before Monday night. WCH /md attachment 'o� " Crime Prevention And Public Relations Officer • 1 Sergeant Patrol Division • 1 Captain Patrol Platoons 1 2 3 • 3 Lieutenants • 3 Sergeants • 24 Patrolmen EDINA, MINNESOTA DEPARTMENT OF PUBLIC SAFETY PROPOSED ORGANIZATION AND STAFFING OF THE POLICE DEPARTMENT EX17a5IT 5 Investigative \ Division • 1 �ptaia Detective Staffing Director Section ' Of Sworn 43 Public Safety Civilian g Total 52 Chief Of Police Investigative \ Division • 1 �ptaia Detective Juvenile Section Section • 1 Sergeant • 4 Patrolmen o 1 • 1 Patrolman Research, Planning And Training Officer o 1 Sergeant Administrative Division e 1 aieutena�rc� c fl P %Al lr Communications Records • 5 Civilians • 3 Civilians Animal Control 0 1 Civilian Mr. & Mrs. J.P. Nichols 4720 West 62nd Street Edina, Minnesota 55424 Edina City Council c/o Mrs. Florence Hallberg. Edina City-Hall Edi:nar Minnesota 1f ! To Edina City Council Members: We request permission to add to our city tap assessment a connection charge of 8710.60 for the addition of a curb box and hook -up to the city water main located in 62nd Street. The added assessment: would be for six(6) yearsr starting in 1978, at five per cent.(5 ) interest per the city assessors" department. Property in question: Lot 10- Block 5- Virginia Addition - Water Main Lateral 76. Respectfully, IQ r III. New Business: 4. Subdivision S -77 -3 EDINA PLANNING COMMISSION STAFF REPORT March 2, 1977 McCauley Heights 7th Addition. Generally located.east of McCauley Trail, north of McCauley Lane, and south of McCauley Circle. Refer to: Attached survey. The proponents are requesting to subdivide an existing lot on the end of McCauley Circle into two lots which would back onto Arrowhead Lake. The resulting lots would be over 17,000 square feet in size, however, due to the poor planning in this area and the lack of roads, one of the lots would only be 80 feet wide and more than 250 feet deep. The second lot would be 120 feet wide but only about 80 feet of that lot is useable and the lot would be- over .250 feet deep. The lots would leave an average of a 30 foot frontage on the lake for each of these lots, which would be extremely meager considering the state's new shoreline regulations. Those regulations require a 100 foot frontage onto any lake.. The single family lot sizes in the neighborhood are generally over 20,000 square feet, except for another lot which was previously subdivided off of this original lot. Recommendation: The staff would recommend denial of the proposed subdivision for the following reasons: 1. The lakeshore frontage is minimal and would cause overuse and possible pollution problems to the lake. 2. Faulty, piece -meal planning and arrangement has caused inadequate frontage on roads, and, if approved, this subdivision would result in elongated lots not capable of supporting development consistent with other development on Arrowhead Lake. GL: In 2/25/77 �� �_Ll t( COMMERCIAL AREA PATROL - INCIDENT.STATISTICS March 1, 1977 March 31, 1977 DATE TIME INCIDENT LOCATION DISP. 3/1/77 0752 Alarm Freeman's A &A 3/1/77 1147 PI Accident 70th & York Ave. 0TH 3/1/77 1314' Shoplifter Target CBA 3/1/77 1400 Stolen Money Orders Radio Shack CONT 3/1/77 1410 Medical Emergency YMCA A &A 3/1/77 1700 Auto Theft Dayton's Overflow CONT 3/1/77 1806 Susp. Persons Peck & Peck A &A 3/1/77 1850 DK Juvenile Gopher Lot A &A 3/1/77 2104 Auto Theft Camel Lot CONT 3/1/77 2125 Theft from Auto Rooster Lot CONT 3/1/77 2137 Theft from Auto, Elephant Lot CONT UUOMV 3/1/77 2310 Alarm YMCA A &A 3/2/77 0402 Theft Southdale Ford CONT 3/2/77 0756 Alarm Lancer's A &A 3/2/77 1350 Stranded Boy Donaldson's GOA /UTL 3/2/77 1520 Shoplifter Penney's CBA 3/2/77 1820 Fire Alarm Henn. Co. Library A &A 3/2/77 2226 Att. Auto Theft Donaldson Car Care CONT 3/2/77 2311 Tamper w /Auto Byerly's Pkg. Lot A &A 3/2/77 2345 Auto Theft Southdale Bowl CONT 3/2/77 2358 Susp. Person Zantigo A &A 3/3/77 0044 Auto Theft Byerly's Pkg. Lot CONT 3/3/77 0605 Alarm Voyaguer Outpost A &A 3/3/77 1630 Lock -out Henn. Co. Library A &A 3/4/77 0905 Lost Billfold Southdale Bus Stop A &A 3/4/77 1555 Parking Problems Yorktown A &A 3/4/77 1920 P &C Key Cadillac CBA 3/4/77 2211 Alarm Penney's A &A, 3/5/77 0856 Medical Dayton Lane A &A 3/5/77 1206 Theft from Auto Alligator Lot 0TH 3/5/77 1458 Shoplifting Susies Casuals CBA 3/5/77 1531 Shoplifter Donaldson's CBA 3/5/77 1627 Shoplifters Target CBA 3/6/77 0823 Alarm Dayton's Ski Shop A &A 3/6/77 1009 Alarm Sound of Music A &A 3/6/77 1450 Medical Byerly's A &A 3/6/77 1551 H &R PD Accident Rooster Lot A &A 3/6/77 1840 Exposer Dayton's Lot CONT 3/6/77 2110 Susp. Truck Rooster Lot A &A 3/7/77 1248 Lost Vehicle Alligator Lot A &A 3/7/77 1416 Medical Emergency. YMCA A &A 3/7/77 1538 Theft from Auto Southdale Ford CONT 3/7/77 1800 H &R PD Accident Rooster Lot .GOA /UTL 3/7/77 2003 Susp. Truck Henn. Co. Library A &A 3/7/77 2202 Alarm 1st S'dale Bank A &A 3/8/77 0329 Burglary Southdale Texaco CONT 3/8/77 0448 Alarm Discount Records A &A 3/8/77 0450 Alarm. Voyageur Outpost A &A 3/8/77 0811 Alarm Discount Records A &S 3/8/77 0901 Rec. Stolen Auto Southdale Bowl ROA 3/8/77 1000 Theft from Auto Southdale Pkg. Lot CONT 3/8%77 1657 Shoplifter Penney's CBA Commerc4 al Area Patrol - Incident Statistics March 1, 1977 - March 31, 1977 Page 2 C# DATE TIME INCIDENT LOCATION 77002108 318/77 2032 Theft Donaldson Car Care 77002110 .3/8/77 2106 Alarm Discount Records 77002111 2204• Forgery Dayton's 77002115 .3/8/77 3/9/77 0031 Open Door Leisure Lane 77002118 3/9/77 0404 PD Accident YMCA 77002122 3/9/77 1007 Theft YMCA 77002123 3/9/77 1055 H &R Accident Rooster Lot 77002127 3/9/77 1303 Medical Emergency Buttrey's 77002160 3/10/77 0208 Open Door Leisure Lane 77002167 3/10/77 1202 Henn. Co. Info Dayton's 77002172 3/10/77 1555 PD Accident Gopher Lot 77002201 3/11/77 1422 Theft from Auto Elephant Lot 77002204 3/11/77 1548 Att. Armed Robbery Alligator Lot 77002214 - 3/11/77 2051 Shoplifting The Den 77002215 3/11/77 2106 P &C MacDonalds 77002219 3/11/77 2240 P &C Southdale Cinema 77002222 3/12/77 0149 Medical Zantigo 77002239 3/12/77 1306 PD Accident Southdale Ford 77002240 3/12/77 1319 Shoplifting Penney's 77002241 3/12/77 1352. Theft Shaino's 77002244 3/12/77 1450 Shoplifting Donaldson's 77002246 3/12/77 1531 Shoplifting Dayton's 77002247 3/12/77 1548 Parking Violation Raccoon Lot 77002248 3/12/77 1550 Shoplifter County Seat 77002252 3/12/77 1751 PD Accident Rooster Lot 77002254 3/12/77 1756 Shoplifter Donaldson's 77002292 3/13/77 1218 Shoplifter Target 77002295 3/13/77 1259 Assist S'dale Security Tiger Lot 77002305 3/13/77 1721 Shoplifter Donaldson's 77002322 .3/14/77 0841 Alarm lst S'dale Bank 77002327 3/14/77 1415 Shoplifter Penney's 77002337 3/14/77 1719 Mental Problem Dayton's 77002342 3/14/77 2014 Lost Property Country Store 77002351 3/15/77 0632 Alarm Cedric's 77002356 3/15/77 1125 Theft by Check Penney's 77002373 3/15/77 2111 Purse Snatch Fox Lot 77002376 3/15/77 2347 Theft Southdale Bowl 77002397 3/16/77 1341 Juvenile Problem Super Sams 77002398 3/16/77 1412 Shoplifting Target 77002399 3/16/77 1414 Shoplifter Donaldson's 77002401 3/16/77 1447 Obscene Phone Call Marvin Orecks 77002403 3/16/77 1509 Disorderly Juvenile Southdale Tunnel 77002416 3/16/77 2037 Susp. Person Camel Lot 77002441 3/17/77 2050 Disorderly Conduct Southdale 77002442 3/17/77 2054 Fraud Schaak Electronics 77002455 3/18/77 0801 Alarm Lancers 77002457 3/18/77 0932 Theft by Check Donaldson's 77002465 3/18/77 1534 Shoplifter, Poss. of The Limited Stolen Property 77002482 3/19/77 0041 Customer Problem. Zantigo 77002484 3/19/77 0140 Domestic Southdale Bowl 77002493 3/19/77 1214 PD Accident Dayton's Ski Shop 77002496 3/19/77 1235 Theft Shaino's Commercial Area Patrol - Incident Statistics March 1, 1977 - March 31, 1977 Page 3 C# DATE TIME INCIDENT LOCATION 77002505 3/19/77 1428 Shoplifters, Poss. of Penney's Marijuana 77002510 3/19/77 1614. Shoplifter Bylery's 77002511 3/19/77 1640 Shoplifter Dayton's 77002516 3/19/77 2133 Kids Prowling Cars Southdale Bowl 77002540 3/20/77 1340 Medical S'dale, Bloomington 77002544 3/20/77 1545 Unwanted Patron Southdale Center 77002563 3/21/77' 0913 Theft Henn. Co. Library 77002571 3/21/77 1249 PD Accident Tiger Lot 77002579 3/21/77 1610 Shoplifting Joann Fabrics 77002581 3/21/77 1640 Shoplifting Donaldson's 77002585 3/21/77 2019 Fire Henn. Co. Library 77002588 3/21/77 2127 Shoplifter Dayton's 77002596 3/22/77 0434 Misc. Assist Donaldson's Overflow 77002597 3/22/77 0527 Open Door Leisure Lane 77002599 3/22/77 0822 Alarm Donaldson's Dock 77002600 3/22/77 0823 Smoke Dayton's Home Store 77002607 3/22/77 1516 Shoplifter- Target 77002630 3/23/77 0925 Theft by Check Dayton's 77002634 3/23/77 1330 Shoplifter Penney's 77002638 3/23%77 1731 Shoplifter Target 77002647 3/24/77 0142 Alarm Ups & Downs 77002658 3/24/77 0845 Burglary Horst & Friends 77002668 3/24/77 1435 Stolen Vehicle Southdale Ford 77002674 3/24/77 1610 Damage to Property Camel Lot 77002676 3/24/77 1636 Shoplifter Penney's 77002680 3/24/77 1803 Damage to Property Camel Lot 77002694 3/25/77 0902 Alarm 1st S'dale Bank 77002708 3/25/77 1331 Susp. Customer Copper Marquee 77002709 3/25/77 1433 Auto Theft Fox Lot 77002715 3/25/77 1534 Rec. Stolen Auto Gabberts 77002718 3/25/77 1607 Theft from Auto Kangaroo Lot 77002745 3/26/77 0917 Found Property Freeman's 77002757 3/26/77 1432 Shoplifter County Seat 77002766 3/26/77 1650 Theft Dayton's 77002805 3/27/77 1356 Alarm Sound of Music 77002810 3/27/77 1544 Poss. of Stolen Property Southdale Ford 77002812 3/27/77 1644 Harrassment Dayton's 77002814 3/27/77 1658 Susp. Persons Turtle Lot 77002839 3/28/77 1017 Lost Billfold Zapata 77002842 3/28/77 1139 Medical YMCA 77002846 3/28/77 1351 Shoplifters Penney's 77002847 3/28/77 1458 Theft Panache 77002848 3/28/77 1537 Agg. Forgery Target 77002877 .3/29/77 1435 Shoplifting Target 77002884 3/29/77 1639 PD Accident Alligator Lot 77002885 3/29/77 1658 Auto Theft Gopher Lot 77002898 3/30/77 0745 Alarm Lighting Concepts 77002901 3/30/77 0922 Fire Alarm Southdale Center 77002906 3/30/77 1258 Damage to Property Dayton's 77002907 3/30/77 1338 Theft by Check Byerly's 77002909 3/30/77 1426 Theft Copper Marquee 77002921 3/30/77 2208 Theft from Auto Alligator Lot 77002934 3/31/77 1100 Theft by. Check Donaldson's Commercial Area Patrol - Incident Statistics Page 4 March 1, 1977 - March 31, 1977 C# DATE TIME INCIDENT LOCATION DISP. 77002944 3/31 /77 1619 Shoplifter Byerly's CBA 77002946 3/31/77 1702 Theft Dayton's CONT DISPOSITION CODINGS: RDA Referred to Other Agency GOA /UTL Gone on Arrival /Unable to Locate A &A Assisted and Advised. UNF Unfounded CONT Continued 0TH Other EC Exceptional Clearance CBA Cleared.by Arrest AQR Arbitration in the Matter of Minnesota Teamsters Local No. 320 April 1, 1977 and City of Edina Case No. 76- PN -829A Background On November 8, 1976 the Director, Bureau of Mediation Services, State of Minnesota, certified to the Chairman of the Public Employment Relations Board (P.E.R.B.) that an impasse existed between the parties. Five issues remained in dispute: 1) Progression to Top Patrolman Rate 2) Longevity Pay (Educational Incentive) 3) Holidays 4) Uniform Allowance . 5) L.T.D. Insurance On December 8, 1976, the Executive Secretary of P.E.R.B. notified the following that they had been selected as Arbitrators for this case: E.G. Heneman, Jr., Convenor (and subsequently elected as Chairman), Joseph L. Daly, and J.C. Fogelberg. Before the Arbitration Hearing, in an effort to expidite settlement, the parties dropped issues #3 - Holidays, and #5, L.T.D. Insurance. The history of bargaining between the parties may best be described as bickering- abrasive. On August 1, 1975, a P.E.R.B. Arbitration Panel issued an Award in the impasse between Teamster's Local #320, and the -a- Metropolitan Area Managers Association, P.E.R.B. Case No. 75 -PN- 381 -A, a landmark decision involving a substantial number of Metropolitan (Twin Cities) communities (18), and laid out general principles and decisions for the individual local municipalities and the union to implement. In the case of the parties to the current" dispute, this involved much haggling, court action, further bargaining, several "Memoranda of Understanding," and some changes in Personnel Policies and Practices, which resulted in agreement on bench -mark rates (top patrol officer) for 1975, 1976, and 1977. In essence, the parties are operating on an extension of the 1975 contract, as modified in the processes described in the preceeding sentence. The issues:in the current arbitration constitute, by agreement of the parties, the only remaining. unsettled items in their new contract, dated January 1, 1976. Hearing A hearing was held at the Edina Municipal Building on February 3, 1977. A reporter was present, the hearings were transcribed and typed copies sent to the Arbitration Board and the parties. Post - Hearing Briefs were filed by the parties, and received by the Board. the third week in March. Witnesses were sworn, and appropriate opportunity was afforded for cross - examination at the hearing. Substantial Exhibits were put in evidence by both parties. The case was presented by Jack Mogelson for the Union, and Cyrus F. Smythe for the City. Others appearing for the Union were: Bob Weisenburger, Larry Bastian, Larry Evans, Don Engel, and Bill James. Others appearing for the City were: Gary West, Robert Buresh, Bert Merfeld, Warren Hyde, and Tom Melena. -3- The union, as the moving party, made its presentation first. Final Positions in each of the issues were: ISSUE #1 - Progression to Top Patrolman Rate Union: The salary schedule should reflect a starting rate, a twelve (12) month rate, a twenty four (24)month rate and top patrol rate should be reached after thirty six (36) months of service City: No change in present practice and agreement ISSUE #2 - Longevity Pay (Educational Incentive) Union: The following stability pay shall be established for employees not under the Educational Incentive Program: 32 at beginning of 5th year 6% at beginning of 8th year. 92 at beginning of 12th year 12% at beginning of 15th year City: The standard Metropolitan Area Management Association (M.A.M.A.) - International Brotherhood of Teamsters (I.B.T.), Local No. 320 agreement ISSUE #3 - Uniform Allowance Union: Uniform allowance shall be paid as per the agreed amount to all members of the bargaining unit. In addition, the money left in the voucher system from 1975 should be made available to the employees, based on the Employer's last directive issued December 1975, to all employees -4- City: This is a contract interpretation dispute covered by contract grievance procedure. Not arbitrable as an interest dispute. Union should utilize appropriate grievance remedy stipulated by contract. Presentation and Examination ISSUE #1 - Progression to Top Patrolman Rate Union: The.union request was for top patrol rate at 36 months of service. They contend that general practice in comparable municipalities supports this position, as do recent changes in new contracts in St. Louis Park and Hopkins reducing the time to reach maximum rates from 48 to 36 months. City: The city contends it has implemented the 1975 M.A.M.A.-320 Arbitration Award, as well as the several Memorandums of Agreement between the parties. The Arbitration Award of 1975 and the Memos of Agreement are silent on the issue of Rate of Progression. The union, through this Arbitration, is seeking to force the City to increase benefits beyond current agreements and practice. After the 1975 M.A.M.A.-320 Arbitration Award, in the 1975 Memo of Understanding between the parties (M.A.M.A. and 320) no mention was made of adjusting step progression plans. Adjustments were made to the top patrol (bench -mark) rate, and a stated percentage was applied'to all existing step plans. The union did not even bring up the Edina 4 -step plan in it's discussions of the 1976 -77 Memo of Understanding between M.A.M.A. and 320. The City of Edina has paid the revised amounts on its four step plan for all of 1976 -and 1977 to date. The 48 month plan is a long established practice. -5-- Discussion: Since both issues 1 and 2 are concerned with length of service pay and /or longevity, discussion of these items will be found below, following the parties' contentions for item 02. ISSUE U2 - Longevity Pay, educational Incentive) Union: The union contends that Stability pay (or Longevity Pay) should be established for employees NOT under the Edina Educational Incentive program. This is needed because of limited opportunities for advancement for police officers, because the Stanton Survey shows that more units of government are moving toward including longevity pay, because the Carver County Arbitration Award included longevity payments, and that recent agreements in Woodbury, Oak Park Heights and the City of Hopkins contained longevity pay programs. Other cities and public programs have longevity pay — including University of Minnesota police. The union believes in an equivalency between education and experience. Over one -third of the Edina officers do not participate in the Edina Educational Program. The union is requesting implementation on January 1, 1977, of a longevity pay program. City: The city has had an educational incentive pay plan since calendar year 1969; it is one of the most generous in this Area. It is in keeping with the nationwide trend to upgrade educational requirements of police . officers., In 1975, 320 and M.A.M.A. arbitrated the issues of educational incentive and longevity -- the union demanded a separate plan for each of these. The Arbitration Award denied the union request and instituted the so called "Brooklyn Park award," containing the following principal elements: 1) for new employees (after date of M.A.M.A. - 320 Award) an institution of educational incentive programs and no longevity 2) for current employees (before date of M.A.M.A. - 320 Award) a longevity program (for those NOT on educational plans) on a grandfathered basis, or 3) for current employees, they would have the option to be in the educational incentive program rather than the longevity plan (but not both) 4) any city with a plan which paid higher benefits than the plan awarded by the panel must retain the more expensive plan (for the life of the contract covered by the terms of the Arbitration Award -- unless both parties bargained and agreed to new plans) The City of Edina has had a more expensive plan, and has retained it as directed by the 1975 Arbitration panel in its award. To do otherwise would make a mockery of the city's effects to attract, retain and improve officers by encouraging them to be better educated. Discussion: At the outset, as noted in Issue #1 above, both Issues #1 and 2 include a common theme of longevity. The current four -step plan is based strictly on longevity. The current union demand seeks additional longevity pay for those officers not under the Edina Educational Incentive Plan. In the hearing, there was some discussion of Employer Hiring Require- meets. That has not been certified as an issue and hence will not be discussed by this panel. Also, in the hearings, there was discussion of Human Rights aspects of the Educational Incentive Plan. There is equal opportunity under the plan -- those who do not choose to participate do so on a voluntary basis -- BUT, again this is not an issue before this panel, nor is the PURA Arbitration process the appropriate channel for EEO -type human rights grievances. The panel will not discuss or rule on either the "Hiring Standards" or "Possible Discrimination" by -paths the parties wandered down during the hearing. The present Arbitration panel firmly believes that education and ex- perience both can be productive in maintaining better police services. They believe that patrol officers should be encouraged to improve their efficiency and effectiveness through continuing higher education. This panel also is convinced that the "Brooklyn Park principles" laid down in the 1975 M.A.M.A. - 320 Award are sound. It is the present Panel's view that college incentive and longevity pay should not be considered separately in light of the collective bar- gaining trends already established in this area, and in light of the 1975 M.A.M.A. - 320 Arbitration decision. The panel also reaffirms that decision in terms of the desirability of self - cancelling plans. Award on Issues #1 and 2. 1. The present 4 -step, 48 month progression to top patrolman rate shall be retained. The panel finds for the city. This is a proper subject for more and better collective bargaining between the parties, rather than a matter to be settled hurriedly through interest arbitration. 2. The current educational incentive plan shall remain in effect. It is better than the "Brooklyn Park plan," and the award of the 1975 M.A.M.A. - 320 Arbitration shall not be upset. 3. There shall be a longevity program established for Q current employees (those on the payroll as of the date of this Award, April 1, 1977). The program shall be retroactive to January 1, 1977, per the union's request. A. There will be no back pay under this program for any time worked before January 1, 1977. However, at that date there will be a change in rates for those who elect the longevity plan. Their rates will be raised: 1. After 6 years of service, $25.00 a month 2. After 14 years of service,. an additional $25.00 a month (for a total of $50.00 a month which shall be the h maximum monk y additional rate under this longevity plan). B. Each current employee (on payroll as of date of this Award, April 1, 1977), not already participating in the current educational incentive plan, shall have the option of choosing to participate in either the current educational incentive plan, or the new longevity plan. No employee shall be eligible to participate in both plans simultaneously. C. New employees (those who come on the payroll April 1, 1977, or thereafter) shall not be eligible for the longevity plan, but shall be eligible to participate in the current educational incentive plan. D. Any current employee (on payroll before April 1, 1977) who elects to, and is eligible to participate in the longevity plan, shall at a subsequent date be allowed to divest himself of the longevity plan, and opt for participation in the educational incentive plan. At that time his monthly rate of pay will be reduced by either $25.00 or $50.00 a month (as appropriate) as a condition . of eligibility for participation in the educational plan. No employee under this contract shall ever be allowed to draw both educational incentive pay, and longevity pay. ISSUE #3 - Uniform Allowance Union: The union wants all members of the bargaining unit to receive the same uniform allowance. This is in accord with past practice. The city has proposed to pay uniform allowance only to patrol officers, and not pay it'to detectives. City: The city contends that formerly they paid a clothing allowance, and now they plan to pay a uniform allowance -- but only to officers required to have and maintain uniforms. Detectives are not required to have and maintain uniforms, and under the Minnesota Constitution, the City cannot supply a cash gratuity for uniforms to those not required to have them. Uniforms are required for a spec cific purpose directly related to job performance. Discussion: In the course of the hearing, there was discussion about the problem of those who had not used up their 1975 allowance, and who were r . e10- not allowed to carry over the unspent allowance in their individual, specific uniform allowance accounts. The city changed from use of a voucher system in 1975, to a cash payment system in 1976. In the course of the discussion, the city agreed to pay remaining unspent 1975 "carry- over" balances to those who would submit vouchers for such purposes. Thus the remaining portion of the issue is whether or not detectives shall be paid uniform allowances, and if yes, how much and in what form. As a general principle, the panel agrees that ordinary street clothing such as suits, ordinary shirts, shoes, etc. are not uniforms, and hence such items do not properly fall under a uniform allowance program for purchase or maintenance. However, any special items required in the duties of a detective, e.g., guns, safety shoes, bullet- proof vests, etc. shall either be furnished by the city, or the de- tective shall be reimbursed for the purchase and maintenance of such required items up to a limit of $200 per year. For neither patrol officers nor detectives shall the $200 a year allowance be regarded or treated as a flat dollar amount bonus. Such expenditures must reflect legal job requirements for specific items of expenditure. The nature and purpose of the expenditure is paramount. No employee has any "right" to unused or unspent funds merely because he didn't need to use them for job required items. The city cannot spend such funds as a gratuity. Award: 1. The current cash system shall be used for patrol officers. 2. Detectives, beginning January 1, 1976, will be eligible for uniform 11- and equipment allowance reimbursement for up to $200 per year on a voucher system for all professional job required items of clothing, equipment, etc. H.G. Heneman, Jr. Convenor and Chairman y RFC's APR 12 1977 GEORGEJACOBS ARBITRATOR Suite 411, 8200 Normandale Blvd. Office 16121835.5540 Bloomington, MN 55437 April 11, 1977 Residence 933 -0307 I i 1 " i Douglas E. Ray Doresy, Windhorst, Hannaford & Whitney Attorneys at Law 2400 First National Bank Building Minneapolis, 1,11 55402 Virginia K. Ekola Ekola, Palmer, Rose and Shapero Attorneys at Law 1503 Washington Avenue South Minneapolis, MN 55454 Re: City of Edina, NN - and - Lee Rundberg Veteran's Preference Termination Platter Dear Mrs. Ekola, and fir. Ray: i Enclosed are copies of the Findings in the above entitled matter which was heard on January 11, 1977. The other members of the Arbitration Panel, Mr. Hawkins, and for. Obermeyer met with me and have signed the Findings. Mr. Hawkins dissented, and fir. Obermeyer agreed. They each have taken a copy for their files. j Also enclosed is a statement of my fees and expenses which I 1 understand are to be shared with your clients. Thank you for a very orderly hearing. Sincerely, I Sorgfta2b"s GJ /fs enc. Is IN THE MATTER OF ARBITRATION THE CITY OF EDINA, MINN. (Employer) and OPINION AND AWARD Proposed Termination of Lee Rundberg for Cause LEE RUNDBERG (Veteran) April 5, 1977 ------------------------------------------------------------------------- - - - - -- JURISDICTION - The above matter came on for a hearing based on an appeal filed by the Veteran, Mr. Lee Rundberg, pursuant to Minnesota Statutesl97.46. Minnesota Statutes 197.46........... "No person holding a position by appointment or employment in the State of Minnesota, or in the several counties, cities, towns, school districts and all other political subdivisions or agencies thereof, who is an honorably discharged veteran, shall be removed from such position or employment except for incompetency or misconduct shown after a hearing upon due notice upon stated charges in writing." The undersigned arbitrators were appointed by the parties pursuant to Min- nesota Statutes 197.46 to receive evidence, testimony and to rule on the question of whether the City has just and proper cause to dismiss Lee Rundberg from the employment of the Fire Department,. City of Edina, Minnesota. A hearing in the matter was convened on January 11, 1977, in the City of Edina for the above - stated purpose. Briefs were submitted by council for the parties and were received by the arbitrators on March 7, 1977, after which the matter was considered closed. FINDINGS OF FACT - 1. Lee Rundberg, an honorably discharged veteran, has been em- ployed by the City of Edina as a fire fighter with the Edina Fire Department since April, 1970. 2. On or about February 24, 1976, he was notified, in writing, of the City's intent to discharge him and of his right to request a veteran's preference hearing under Minn. Stat. 197.46. 3. On April 16, 1976, Lee Rundberg, through his attorneys, requested, in writing, a hearing concerning his discharge. 4. On or about August 25, 1976, Lee Rundberg was furnished with written notice of the charges against him. W Page 2 5. Pursuant to Minn. Stat. 197.46, a board of three persons was appointed to conduct the hearing. The panel consisted of Harold Hawkins, Peter Obermeyer and George Jacobs. 6. On January 11, 1977, a veteran's preference hearing was held before this panel. The City of Edina presented three witnesses: Robert Buresh, Director of Public Safety and Fire Chief; Ted Paulfranz, Assistant Fire Chief; and Warren Hyde, City Manager. The City of Edina was represented at the hearing by Douglas E. Ray, Esq., Dorsey, Windhorst, Hannaford, Whitney & Halladay. Mr. Rundberg appeared personally as a witness and presented one additional witness, Dennis Cain, a member of the Edina Fire Department. Mr. Rundberg was represented by attorneys Virginia K. Ekola and Lila Shapero of Ekola, Palmer,Rose & Shapero. 7. A court reporter was present at the hearing and prepared a written transcript of the proceeding. 8. At hearing, the City of Edina established the factual alle- gations of Charge No. 1 of the Statement of Charges furnished Lee Rundberg which provides: (1) On January 31, 1975, Firefighter Rundberg was assigned to complete inspections in Zone B, the City Hall area. He did not complete the zone until June 30, 1975. The zone could have been completed within five to ten working days. Although Firefighter Rundberg was assigned other duties in addition to inspecting during this period, the extent of his other duties should not have interfered with his completion of the zone by March 31, 1975. During this period, on April 22, 1975, Firefighter Rundberg met with Chief Robert Buresh. When asked why he had not yet com- pleted his zone, Firefighter Rundberg admitted that he had been just, riding around not doing his assigned job. Chief Buresh told Firefighter Rundberg to check out and in on the radio on each call. He never did check-out and in as ordered. Firefighter Rundberg was also told to provide a complete list of his inspections for 1975. On May 8, 1975, he provided Chief Buresh with a list of 21 inspections completed between February 7, 1975, and April 22, 1975. Only seven were in his assigned zone. 9. At hearing, the City of Edina established the factual allegations of Charge No. 2 of the Statement of Charges furnished Lee Rundberg which provides: (2) On December 10, 1975, Firefighter Rundberg was assigned exclusively and on a full -time basis, to conduct inspections in Zone I, the Southdale area, a zone that should have been com- pleted in ten working days. He did not complete this zone until February 6, 1976, despite being informed that the Department wanted all zones completed by the end of 1975. �1 -E r During this time period, on January 28 and January 30, 1976, Firefighter Rundberg used Fire Department vehicles to attend to personal business at the local Post Office. This personal business was conducted on City time during normal working hours and without authorization. In addition, certain unex- plained miles and excessive delays appeared on Firefighter Rundberg's daily activity report for January 29, 1976. 10. Although Mr. Rundberg was assigned, in a full -time basis, to conduct basic maintenance inspections in Zone I, the Southdale area, during the time period at issue in Charge No. 2, no inspections appeared in the official record of the City of Edina for the dates December 15, 19, 22, 23, 24, 26, 31, 1975, and January 2, 5,6, 7, 12, 14, 15, 19, 21, 22, 23, 1976. Although Mr. Rundberg testified with the aid of notes, he failed to provide any explanation for his failure to conduct inspections on December 23, Jan- uary 5, January 12, January 15 and January 19. He was on duty for all of these dates. While Mr. Rundberg sought to explain his activities for certain of the days on which no inspections were recorded, his explanations revealed that, while assigend to full -time inspection duties in the Southdale zone, he spent a number of days attending to unassigned activities to the detriment of his assigned duties. 11. Although Mr. Rundberg sought to establish that he had been discriminatorily treated, we find that Mr. Rundberg's assignment to inspection duties was not discriminatory and that Mr. Rundberg has not been the victim of selective enforcement. LAW - In State ex rel_ Hart v. Common Council of Duluth 1893, 53 MN 238, 244, 55 N.W.118, 120, was the case in which the question of what constituted sufficient cause to discharge an employee for incompetency, was stated as follows: " 'cause' or 'sufficient cause' means 'legal cause' and not any cause which the council may think sufficient. The cause must be one which specifically relates to and affects the administration of the office and must be restricted to something of a substantial nature directly affecting the rights and interest of the public. The cause must be one touching the qualifications of the officer or his perfor- mance of its duties, showing that he is not a fit or proper person to hold the office. An attempt to remove an officer for any cause not affecting his competency or fitness would be an excess of power and equivalent to an arbitrary removal. in the absence of any statutory specification the sufficiency of the cause should be determined with reference to the character of the office and the qualifications necessary to fill it." f i P Page 4 (See also Gibson v. Civil Service Board,285 MN 123, 171 N.W. 2d 712 - 1969; Ha env. State Civil Service Board 282 MN 296, 164 N.W. 2d 629 - 1969.) i In 1969, in Hagen v. State Civil Service Board supra the Capitol Court clari- fied further the language just quoted from Hart supra stating on Page 299: " Under this definition it appears that the cause or reason for dismissal must relate to the manner in which the employee performs his duties,and the evidence showing the existence of_ reasons for dismissal must be substantial. i This same standard has been repeated and followed in every case since 1969. CONCLUSIONS - After having heard all of the evidence adduced at the hearing and after re- viewing all of the records, exhibits and proceedings therein, the arbitration panel makes the following conclusion in the above matter: The Employer has proven that there is just cause sufficient to warrant term- ination of Lee Rundberg from the Fire Department of the City of Edina, Minn. Accordingly that decision is entered into this record. Harold W. Hawkins, Employee, Panel Member Peter 0 eb rmeyer, Employer, Panel Muller Gy6rge Ja bs, eutral Panel Member city Ina 2% 4001 WEST FIFTIETH STREET • EDINA. MINNESOTA 55424 927 -8861 RESOLUTION BE IT RESOLVED that the Edina City Council hereby appoints Bert.— Merfeld,A Chief of Police for the City of Edina, as the duly constituted agent for the City of Edina for the purpose of making application for reimbursement funds to defray the cost of salaries, expenses and substitute expenses during the basic training of Peace Officers of the City of Edina who have attended a certified training course approved by the Minnesota Peace Officers Training Board. ADOPTED this 23rd day of August, 1976. STATE .OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE'OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution is a true and correct copy of a resolution adopted by the Edina City Council at its meeting of Monday, August 23, 1976, and as recorded in the Minutes of said Special- Meeting. WITNESS my hand and seal of said City this 24th day of August, 1976. r1 da City Clerk ; ��J I wnvncAT CITY OF EDINA, MINNESOTA SANITARY SEWER REPAIR Bids Opened April 18, 1977 BIDDER TOTAL BID G. L. Contracting, Inc. V�ti� VUI $20,769.00 M. G. Astleford Co., Inc. $23,473.00. Northdale Construction Co., Inc.. $24,412.00 CITY OF EDINA PARK AND RECREATION DEPARTMENT TRACTOR WITH 7 GANG MOWERS Bids opened April 15, 1977 Minnesota Toro: Toro Parkmaster 7, with Spartan gangs --------- - - - - -- $9,800.00 Goulds: Jacobsen f 10 ---------------------------------------- $8,700.00 Recommend award to low bidder - Goulds, for $8,700.00 ��. Ken Rosland, Director Edina Park.and Recreation - Department KR:pb 2i 1 4 1 �. - - � -.- �. ..�i �. �w•... ....... ... � 4 �� 1 to .. � ... .. -� 7_.,, _ .. :�. ._,. _ �. .. .. .. .. v.f r..... �. •. k.•�..s.'a!, .. t. ... ... � .v ... .:. r ' + March 22, 1977 �L league of minnesota cities TO: All Member-Officials (c /o Mayor, and Manager or Clerk) SUBJECT: 1977 Nominations for Officers and Directors This is a request for your advice in proposing candidates for Officers and Direc- tors of the League. At the 1977 Annual Meeting, June 9th in Rochester, we as members of the League will elect a President, Vice President and four Directors for three -year terms. The assignment of the Nominating Committee is to propose candidates for those offices. This year the Nominating Committee will work with guidelines for Board represen- tation, which were developed as a result of the deliberations of past nominating committees. Those guidelines appear on the reverse side of this letter. We will also work with the enclosed map, which shows the location of cities that will con- tinue to be represented on the Board after the June, 1977 election. Taken together, these two documents indicate that the League in 1977 will need to add Board members from the Twin Cities area as well as other locations. The Nominating Committee is planning to hold its first meeting the last week of April and it would be helpful to have your input by April 15. If you know an official who should be considered for nomination, please give his or her name and a brief resume of qualifications to me or the League staff. This communication can be as informal as you wish; a phone call is all that-is needed. Our goal is to make sure that any good candidate is considered. Whether or not to let an individual know that you are submitting his or her name is, of course, up to you, but it should be with the understanding that as with any group, not every good candidate is nominated. In any event, the Nominating Committee itself makes it a practice to confirm the fact that an individual is willing to serve before presenting his or her name to the annual meeting. On behalf of the Nominating Committee, I want to thank you in advance for your help and to assure you that all suggestions will be seriously considered. Sincerely, Tom Jo son Alderman, Minneapolis Chairman, 1977 Nominating Committee CW:lmr 300 hanover building, 480 cedar street, saint paul, minnesota 55101 (6 121 222 -2661 Guidelines for Board Representation 1. Geographic and population size representation. There has been a conscious effort to see that different parts of the state are represented on the Board, as well as the different sizes of cities that are among the League's constituency. 2. Twin Cities area / Outstate balance. While there are no specific seats on the Board reserved for Twin Cities area or Outstate members, it has been a consistent practice to maintain a rough balance of Board members from these areas. 3. Elected /appointed balance. Traditicnally both elected and appointed municipal officials have participated in all aspects of the League activities, including membership in the Board of Directors. Although no specific number of seats on the Board are reserved for elected as distinct from appointed officials, it has been a consistent practice to have a majority of the Board composed of elected officials. Furthermore, there has been some effort to provide an opportunity for a variety of appointed officials (e.g., clerks, city managers, attorneys, assessors, etc.) to serve on the Board. 4. Rotation of membership. In view of the fact that the League has more than 700 member cities, any individual who serves a full term on the Board is not nor- mally considered for another Board term. However, persons with Board experience are often considered as potential officers. . I :Ir. r 'r— Orl-I UC/r nG.ti 41 -1 ' C113.: MAN :N A 1.'..4.7 o Location of cities that will continue to be represented on the Board after June, 1977 `, W h •+� • �sK - �wGjr•wLL J U GMM Af 3 ` � •r 2 years left ..r 1 Anderson, Hallock 2. Johnson, Eveleth 3. Klaphake, . Morris Seileck, Pine City J7lrs.r ��; �.� 7W AA /M " 1 year left ►ate :,cs"'": i°.s-,. w 5. Burggraaff, Richfield 6. Smekta, Rochester 7. Hunt, St. ?aul /yf S. Schisler, Wortiiinbto =. Ex-officio - Icsrri•L � . x Loehr, St. Cloud .� !r x President, Ai.3vi wOpO "i.7(/L .I /C! IA 1. 1 Y . I :Ir. r 'r— Orl-I UC/r nG.ti 41 -1 ' C113.: MAN :N A 1.'..4.7 o w LEGISLATIVE SUMMARY LEGISLATIVE SESSION MOVING SLOWLY. The first six years under changed legislative majority leadership were marked by the .large volume of legislation,introduced,.,each session and.the. corresponding amount of that.legislation that -was passed and signed into law. Such action.is common with change in party leadership. This year, however, a new mood is apparent in the legislative.process. Lobbyists are commenting on the slowness of the session. Few bills were introduced early in the session. The bills that were introduced moved more slowly through the legislative process, and many bills were sidetracked for- _futher study during the interim between legislative sessions. Informal sources state that this session is- viewed as a review and clean -up session by party leadership in both - houses. As of April .1, only four bills had passed.atid been signed into law. The pace is beginning to quicken somewhat with 21 laws enacted as -of April 15th. Still, this is substantially less than the amount of.legislation passed in the recent past for the corresponding-period of time. Both houses of the Legislature and the Governor's: Office are talking about-streamlining governmental agencies and procedurally changing governmental program effectuation. You can expect -to see research and study in these areas .during the interim with.reorganization packages likely to appear the second half of the biennium. -1977 OMNIBUS TAX _BILL Drafting is just beginning on the 1977 Omnibus Tax Bill. Little is presently known about its content. Rumor is that the city share of Local Government Aid .funding will be increased. A corresponding effort to reduce the yearly percentage increase in Department.of Revenue imposed levy limitations from 6 percent to 5 percent may be attempted. i AMENDMENTS TO UNEMPLOYMENT LAW The first bill of city interest to be passed into law this session as Laws 1977, Chapter 4 was an amendment to the State.Unemployment Act, now applicable to cities. The amendment- provides that an employee-,,must have earned, $750 (previously, $500) from terminated employment and must have worked fifteen (previously eighteen) credit weeks within that employment. The formula for establishing the weekly benefit amount has also been changed.. Individuals who voluntarily leave their.employment or who are discharged for misconduct are disqualified ..from.receiving.unemployment compensation benefits.and from receiving waiting week credit for the period of their unemployment until they have earned four times their weekly benefit amount through newly acquired employment. UNIFORM ELECTION DAY BILL Heavy lobbying efforts by cities has slowed the momentum of the Uniform Election Day bill, sponsored by Schaaf in the Senate and Corbid in the House. The bill has not passed out of committee in either house and is not expected, at least at this time, to pass during this legislative session. The bill provides for uniform election dates in the odd- numbered year for all, local government elected officials. When twice the number of persons to be elected file for a local office, a primary election on the- second Monday in September would be mandated. The bill provides state reimbursement to cities and towns for election expenses of up to $1 for each person who voted.or $100, whichever is greater. TAX INCREMENT FINANCING The recent Joint Task Force on Tax Increment Financing, sponsored by Minnesota Cities, resulted in legislation drafted to consolidate the present widely - scattered state. law in the area. The first legislation to be introduced on tax increment financing was a bill authored by .Senator Davies seeking to repeal tax increment financing. The League of Cities drafted legislation consolidating the present laws i was then introduced. A week ago, a new House version modifying the League of Cities bill was introduced. The status of tax increment financing is in the great state of confusion. Phil Cohen predicts that tax increment financing will remain in some form after the legislative session but with a number of restrictions not presently existing in the law. SHADE TREE DISEASE CONTROL' Senator Humprey's shade tree disease control bill has passed the Senate and both the Senate and House versions are presently in the House Appropriations Committee. The bill originally appropriated $20 million for grants to cities for sanitation programs and $5 million for grants for reforestation programs. Grants from the State to cities would not exceed 50 percent of the cost for each tree up to $50 per tree, and would be limited to grants to any city in any year for not more than one -half of the number of trees removed in the sanitation program in the previous year. The cost of shade tree disease control programs would be a special levy not subject to the overall levy limitations. The House and Senate versions differ. There is a strong possibility that the bills will go to conference committee prior to final passage. The bill, however, seems to be the "hop on the bandwagon" bill of this session and is expected to pass in some form before the end of the session. MUSE FILE ONE - HUMAN SERVICES WAYS AND MEANS BILL House File 1, authored by Rep. McCarron, and described by proponents as a human services ways and means bill moved quickly through the House but is presently tied up in committee in the Senate. This measure finally caught the attention of the press and has been widely publicized over the last couple weeks. For that reason, I will give the bill only summary attention. The bill is intended to streamline state funding of social services such as adoption, mental health, mental retardation, detoxification, child protection, and public health services. The planning and appropriation responsibilities would be vested in the County Board. Barring unforeseen circumstances, it is unlikely that the-measure with pass the Senate this session. The last day of the legislative session is May 23. f- 14 RESOLUTION ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZATION TO MAKE OFFERS FOR ACQUISITION WHEREAS,-the City of Edina is required by the Secretary of HUD to certify the existence of certain facts and issue certain proclaims in .connection with the City's use of Community Development funds; and WHEREAS, the City of Edina, through its staff, has.received an appraisal, received the recommendation of the appraisal review com- mittee, and the recommendation of the Finance Director for the parcel on the attached Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the Edina City Counci.l: 1. That the recommendation of the Finance Director is hereby adopted. 2: That the identity of the above - referenced parcel is certified to be accurate and the fair market value is $84,000 and is hereby adopted. 3. That the appraiser's report, Appraisal Review Committee's report, and the Finance Director's recommendation as well as all other pertinent information regarding the value of the above - referenced acqui- sition be kept on record in the Planning Department. 4. That the City Manager is hereby authorized to acquire the subject properties by purchase, donation, or proceedings in eminent domain, if necessary. od T U ti �k'fN UST %i: April 13, 1977 Mr. Greg Luce Planning Director City of Edina 4801 West Fiftieth Street Edina, Minnesota 55424 Metropolitan Council 300 Metro Square Building Seventh Street and Robert Street Saint Paul, Minnesota 55101 Telephone (612) 227 -9421 Office of the Chairman RE: Edina CDGB Areawide Discretionary Funds Application Metropolitan Council Referral File No. 4156 Dear Mr. Luce: At its meeting on March 24, 1977, the Metropolitan Council reviewed the applications submitted for Areawide (Bonus), Community Development Block Grant funds including the above referenced application. The Council recommended approval of all of the applications submitted and in the following order of priority ranking: 1. Golden Valley, File No. 4159 2. Robbinsdale, File No. 4200 3. Coon Rapids,-File No. 4155 4. Plymouth, File No. 4162. 5. Bloomington, File No. 4153 6. Edina, File No. 4156 7. Minneapolis, File No. 4154 8. Richfield, File No. 4158 The applications have been forwarded to the Department of Housing and Urban Development, Washington, D. C., for final review and selection for funding. Awards are expected to be announced by June 1, 1977. A copy of the transmittal letter to HUD Assistant Secretary Embry is attached for your 'information on the Council's review and ranking process for the applications. - Mr. Greg Luce Page Two April 13, 1977 We were encouraged by the response of communities to the request for proposals and appreciate your efforts.in support of the Areawide Housing opportunity Plan. Sincerely, Metropolitan Council J n Boland, Chairman /jlb Enclosure CC: Mr. Warren Hyde �o�nt�� rviairu{xnnui i �,vui inn ® �0 300 Metro Square Building Seventh Street and Robert Street Saint Paul, Minnesota 55101 Telephone (612 ) 227 -9421 Office of the Chairrn - A hut" CIt ItN April 4, 1977 The Honorable Robert C. Embry Assistant Secretary for Community Planning and Development Department of Housing and Urban Development 451 7th Street, Southwest Washington, D. C. 20410 Dear Mr. Embry: C_ RE: CDBG Areawide Discretionary Fund Application The Metropolitan Council of the Twin Cities is pleased to trans- mit this application package for Community Development Block Grant Areawide Discretionary Funds. The individual applications have been reviewed for consistency with the Areawide Housing Opportunity Plan and the degree to which the, proposed activities aid and further the objectives of the Plan. The priority ranking and amount of funding requested is as follows: 1. City of Golden Valley $ 90,000 2. City of Robbinsdale 62,760 .3. City of Coon Rapids ,38_,.50.0 4. City of 'Plymouth 28,000 5. City of Bloomington 75,000 6. City of Edina 250,000 7. City of Minneapolis 40,000 8. City of Richfield 50,000 TOTAL $,634,260 Review Process The process of setting guidelines, inviting proposals, and review- ing applications for the "bonus funds" has been a lengthy, public process extending over the past six months. In September and October 1976, the Metropolitan Council Housing and Redevelopment Authority Advisory Committee began discussion of what might be appropriate priority activities for Community Development Block Grant bonus funds. After several public meetings, the recommen -. dation which was approved by the Metropolitan Council in November 1976 stated that: j L The Honorable Robert C.. Embry Page Two April 4, 1977 "Priority in CD Bonus Funds should be given to those activities which will facilitate construction of large family units on a scattered basis, such as acquisition and write -down of land, and preparation of sites for such construction." All communities within the Metropolitan Urban Service Area and those designated as Freestanding Growth Centers-were notified of the availability of the funds, the priority activities, and were invited to submit a Notification of Intent to Apply by January 18, 1977, with full applications due February 18, 1977. Twelve communities notified the Council of their intent to apply. These were reviewed by the Advisory Committee and given a'preli- minary high or low priority. Additional guidelines for ranking the applications were discussed and approved by the Committee at a meeting on February 8, 1977. They were as follows: 1. Highest priority will be given to applications which propose activities directly connected with a specific housing project (or projects) of 3 or 4 bedroom units on a scattered basis and with which Section 8 Rent Assistance Funds will be avail - able.' Applications within this category will be ranked according to the community _priority determined in the Allocation Plan. 2. Next priority will be given to applications w activities which will facilitate construction units on a scattered basis, but which may not specific project at the time of application. within this category will be ranked according priority determined in the Allocation Plan. hich propose of large family be tied to a Applications to the community 3. Lowest priority will be given to applications which propose activities related to construction of subsidized housing units for moderate income households or for homeownership. The Allocation Plan will be used to determine community prior - ity for applications within this category. Within any of these categories, the amount of funds being requested in relation to the units to be constructed may be used as•:a further criteria for ranking. The preliminary review priorities were sent back to the communities who had notified the Advisory Committee of their intent to apply. Subsequently, the eight cities listed above submitted applications for the Bonus CD Funds. 3 'The Honorable Robert C. Embry Page Three April 4, 1977 After all applications were received on February 18, 1977, the Metro HRA Advisory Committee held two public meetings to review and rank the applications. Their.recommendations were reviewed by the Human Resources Committee and approved by.the Metropolitan Council on March 24, 1 -977. A copy of this action is'attached for your information. Housing Opportunity Plan Obj-ect.ives.and Priorities, The primary objective of the Housing Opportunity Plan (HOP) is to broaden housing choice for low -and moderate- income persons by encouraging development of subsidized housing I in areas which have limited low -and moderate - income housing opportunities at present. The Plan allocates subsidized housing units to communities within the urbanized area and to freestanding. growth centers in the region according to a priority area formula which relates to the availa- bility of jobs; and availability of shopping .facilities,.communities are ranked as first, second, or third priority areas. Freestanding communities are a separate, .fourth category. Numerical goals have also been established for each community based on a six -part formula which averages each community's share of the Area's total households, anticipated household growth, employment, anticipated ;,employment growth, low- and - moderate - income households in need, and subtracts the existing supply of subsidized housing.. Three - year and ,ten -year goals for each community have been established using the formula.. In addition, policy guidelines for the distribution of units between - family and elderly needs are establ.ished.by the HOP. Because the vast majority of subsidized housing built in the Area has been for elderly, each community must Man to.provide at least 60 percent of its subsidized units for families (the Area -wide need is for 60% family and 40% elderly.) The critical need is for family units containing three-or more .bedrooms since few are available for ren- tal within the existing fair market rents and almost none have been proposed under the Section 8 New Construction program. Thus, the guidelines for ranking the applications have been estab- lished to.carry out the objectives and priorities of the HOP. Discussion and Ranking of Proposals Three applications meet the highest priority guidelines -- Golden Valley, Robbinsdale, and Coon Rapids - -by proposing activities directly connected with specific Section 8 New Construction pro - posals which have been submitted for Section 8.Bonus Funds. One other proposal from Plymouth partially meets the highest priority guidelines. The Honorable Page Four April 4, 1977 Robert C. Embry The Golden Valley proposal, located in a HOP first priority com- munity, is-to assist the development of a duplex, fourplex, and sixplex on scattered sites. An application for Section 8 New Construction funds for these sites is also being recommended for funding. This proposal meets the criteria for highest priority among all proposals. Robbinsdale, also a HOP first priority community, proposes two scattered sites for developing 3- bedroom townhouses and a third site for an elderly development. The City has indicated that the family proposal..can be considered separate from the elderly, thus only the family portion of the application is recommended for . funding. -Since the resulting developments will have more units per site than the Golden Valley proposal, the application is ranked lower. Coon Rapids, a HOP third priority community, proposes to assist a smalldevelopment of 2- bedroom and 3- bedroom units. Following. the HOP priorities, it is ranked below Golden Valley and Rob - binsdale. Plymouth, a HOP second priority community, proposes to assist in' the development of 3- bedroom townho:uses.on several sites within a Planned Unit Development. However, the application for Section 8 funds has not been submitted by the developer. Another developer has submitted an application for Bonus Section 8 Funds on a diffe- rent site-in the City and is being recommended for funding. This puts the- application for CDBG funds in a position of partially meeting the .first priority guidelines. Two applications have been submitted which fall into the second priority guidelines and a third partially meets the guidelines. Bloomington, a HOP first priority community, proposes to assist in the development of 3 -or.4- bedroom units.on several scattered sites:. This application is.directed toward all large family units. Sites have not been designated %for .the - developments. Edina, a HOP .first priority community proposes to assist the development of large family, small family, and elderly subsidized housing through land "write- down" incentives. Considerable dis- cussion and correspondence has occurred between the City and the HUD area office over concept and eligibility of the incentive pro - gram. The latest determination from HUD is that the activities are eligible under the CDBG program. Edina needs additional sub- sidized housing to meet the goals of its Housing Assistance Plan. -Because of the wide range of persons to be assisted (elderly and family), unspecified sites and the large amount of requested fund- ,` ....,' . gr The Honorable Robert C. Embry Page Five April 4, 1977 ing, the application is ranked below Bloomington for the purpose of the Bonus CD funds ranking. The application from Minneapolis was discussed at some length and finally - recommended to be ranked seventh out of the eight projects. This application proposes to assist in the development of family.. subsidized units on a site located in south Minneapolis where no subsidized housing presently exists. However, because.the specific development proposal has not been finalized for the site, and be- cause it appeared that the development proposed to be assisted would probably not contain any 3- bedroom units.the-application was ranked in this order. It should be noted that a proposal for Sec- tion 8 Bonus Funds on a different site has been recommended for funding. One application has been submitted which falls into the third pri- ority guidelines. Richfield, a HOP first priority community, proposes to assist the development of modest -cost housing for large families. The acti- vities relate to the third priority guidelines for homeownership for moderate income households. Thus, it is ranked below all others. a A chart listing pertinent information for each application and show ing the ranking of the applications is.attached for your information. All applications appear to meet the eligibility guidelines for CD Funds and it is recommended that all applications be approved for funding. We are pleased to have the opportunity to participate in this CDBG program which supports Areawide Housing Opportunity Plans and look ` forward to implementation of the Plan and continued participation in the program. Sincerely, hn Boland airman ,JB /jlb Enclosure 6. Edina lot Land acquisition and $250,000 Addresses need for write -down for resale to subsidized units developers to construct for lower income subsidized housing for families outside families and elderly. areas of con- centration of such units. Specific sites have not been selected - -would in- clude write -down for elderly, small family, and large family with larger "write- down" for, larger units. •. AREAWIDE (BOt7US) COMMUNITY DEVE LOPI4ENT BLOCK GRANT APPLICATIONS TWIN CITIES METROPOLITAN AREA ` Allocation riority Plan Proposed Requested Relationship tanking CiEv Priority Activities Funding to Hop Comments 1. Golden Valley 1st Land acquisition and $90,000 Addresses need for Application from developer write -down, Eite,prepara- large family units for 12 3 -DR units to be tion for construction of (3 DR+) for lower constructed on sites has 1 duplex, 1 fourplex and 1 income families been submitted for Sec. •i sixplex using Sec. 8 Rent outside areas of nonus.Funds. Assistance, concentration of subsidized housing. 2. Robbinsdale lot Land acauisiti.on and $62,760 Same as above. Application from developer write -down, water and for 40 3 -DR units has been sewer extension, for submitted For Sec. 0 Isunn.+ construction of 40 3 -11R i'unds. units on two sites using Sec. 8 Rent Assistance. 3. Coon Ranids 3rd Land cost write -down, $38,500 Same as above. .Application from developer installation of walkways for 4 2 -DR and'10 3 -DR units and playground facilities has been submitted for S�•a. for Sec. 8 project -14 8 Bonus Funds. units family housing. 4. Plymouth 2nd Site improvements (in- $28,000 Addresses need for Sites have been selected witt►in stallation of sewer and family units for' a large PUD for assisting 14 water service) for develop- lower income fami- scattered units. Application went of scattered site Sec. lies outside areas for Sec. '3 funds is not being 8 family housing of concentration of considered for funding. subsidized housing. ) S. Bloomington 1st Land acquisition and,write- $75,000 Addresses need for Sites have not been selected down for development of ap- Large family units as yet. proximately 75 units for (3 1111f) for lower families, 3 and 4 -DR on income families 2 to 6 scattered sites. outside areas of ' concentration of subsidized housing. 6. Edina lot Land acquisition and $250,000 Addresses need for write -down for resale to subsidized units developers to construct for lower income subsidized housing for families outside families and elderly. areas of con- centration of such units. Specific sites have not been selected - -would in- clude write -down for elderly, small family, and large family with larger "write- down" for, larger units. Allocation Priority Plan Proposed Requested Relationship Ranking City Priority Activities , Funding to flop Comments ], Minneapoli•'s 1st Soil•correction, site im- $40,000 Addresses need for Although.site is specific, provements, site prepara -. family units out- application for Sec. 8 tion for parLial Sec. 8 side area of city funds has not been.submitted. project on Minneapolis where subsidized LIRA -owned site. housing concentrated; also proposed develop- ment will have income • mix. $, Richfield 1st Land acquisition and $50,000 Addresses need for This is part of an on- going. write -down for develop- modest -cost housing New Home Program of city ment of modest -cos L• in Metro Area, being funded with other housing for large CDBG funds and local funds. families. All new homes constructei are sold under HUD 235 or MHFA•Affordable Homes Pr.,.)- gram. Members present: Member absent: Staff present: V MINUTES TRAFFIC SAFETY COMMITTEE APRIL 12, 1977 9:30 A. M. Robert Dunn Greg Luce Adam Batko Lois Coon Jay Brask Gary West Craig Swanson Fran Hoffman Others present: Mr. and Mrs. Joe Schueneman, 7313 Gleason Road Mrs. Burns, 5820 Dewey Hill Road Mrs. Lehecka, 5812 Dewey Hill Road Mrs.-Abt, 5708 Dewey Hill Road SECTION A Requests on which the Committee recommends approval as requested or modified, and the Council's authorization of recommended action. 1. Enforcement of.`ordtn-ance prohibiting riding of bicycles in business districts. .Mr. Hy Sandler, a shopper at 50th and France, requests some control and enforcement of bicycle riders on the sidewalks at 50th and France. ACTION TAKEN: Mr. Luce moved that the Committee recommend enforcement against riding bicycles in business district, but that no additional signing be installed. Mr. West seconded the motion. Motion carried. 2. Letter to Hennepin County requesting consideration or installation of permanent traffic signals at W. 70th Street and York Avenue sooner than the mid-to-late 1978 as now sc e u e . Request by several citizens for traffic signalization at W. 70th Street and York Avenue. ACTION TAKEN: Mr. Hoffman reported that the number of accidents at the intersection has increased significantly during the past month, and a signal has been,programmed for 1978. Mr. Luce moved that the Committee recommend a letter be prepared for the Council's action which will be forwarded to Hennepin County requesting consideration on an early installation date at W. 70th Street and York Avenue. Mr. West seconded the motion. Motion carried. Traffic Safety Committee Minutes Page 2 April 12, 1977 SECTION B Requests on which the Committee recommends denial of the request. 1. Request by Officer Hembre for signing in parking ramps indicating no skate - boarding as he feels this is a hazardous activity and that signing may help alleviate the problem. ACTION TAKEN: Mr. Luce moved that the Committee recommend denial of the request as the signing would not be effective as noted by the fact that skate- boarding in the south parking ramp is conducted adjacent to two signs that indicate NO CHILDREN - NO PLAYING. Mr. West seconded the motion. Motion carried. SECTION C Requests which are deferred to a later date or referred to others. 1. Mr. and Mrs. Joe Schueneman, 7313 Gleason Road, request consideration on placing STOP signs on Dewey Hill Road at Gleason Road, making it a 4 -way STOP intersection. ACTION TAKEN: After considerable discussion, Mr. Luce moved that the Committee table the matter until after the Amundson- Delaney Boulevard hearing. Mr. West seconded the motion. Motion carried. Respectfully submitted, Fran Hoffman, Secretary Edina Traffic Safety Committee At a duly authorized meeting of the City Council of Edina Minnesota, the following resolution was moved and adopted RESOLUTION WHEREAS, Plans for Hennepin County Project No. 7673 showing the proposed fully traffic actuated traffic control signal with integral street lights, together with specifications and special provisions for the construction thereof at the intersection of CSAH 31 (York Avenue) and 69th.Street within the limits of the City as a County Project have been prepared and presented to the City. NOW THEREFORE IT IS RESOLVED: That said plans, specifications, and special provisions be in all things approved. Dated this 2nd -day of May , 19 77 State of Minnesota County of Hennepin City of Minnesota I hereby certify of a resolution presented at a meeting thereof held day of May my possession. (SEAL) CERTIFICATION that the foregoing Resolution is a true and correct copy to and adopted by the City Council of Edina,. Minnesota, in the City of Edina Minnesota on the 2nd 1977 as disclosed by the records of said City in City Clerk (y�ac±rr! Agreement No. PW- 09 -11 -77 Hennepin County Project No. 7673 CSAH 31 & W. 69th Street City of Edina County of Hennepin AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNALS AND STREET LIGHTS THIS AGREEMENT, Made and entered into this day of , 197_, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County ", and the City of Edina, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, It is considered mutually desirable to install full traffic actuated traffic control signals with mast arms and integral street lights at the inter- section of County State Aid Highway No. 31 (York Avenue) and West 69th Street within the City; and, WHEREAS, The expeditious movement of traffic on County State Aid Highway No. 31 and on West 69th Street requires the revision of certain intersection geometrics; and, WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signals and street lights; aid, WHEREAS, Said work shall be carried out by the parties hereto under the provisions of M.S. Sec. 162.17. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and shall install, or cause the installation of full traffic actuated traffic control signals with mast arms and - integral street lights at the intersection of County State Aid Highway No. 31 (York Avenue) and West 69th Street. Such installation, as described immediately v _8 WRQM ITT Tf1N BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and City Manager to enter into Agreement No. PW- 09- 11 -77, Hennepin County Project No. 7673, CSAH 31 & W. 69th Street with Hennepin County. ADOPTED this 2nd day of May, 1977. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its regular meeting of May 2, 1977, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 5th day of May, 1977. City..Clerk lie city of cEdin a 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 63424 927 -8861 RESOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and City Manager to enter into Agreement No. PW- 09- 11 -77, . Hennepin County Project No. 7673, CSAH 31 & W. 69th Street with Hennepin County. ADOPTED this 2nd day.of May, 1977. STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA- ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by.the Edina City Council at its regular meeting of May 2, 1977, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 5th day of May, 1977. City Clerk i At a duly authorized meeting of the City Council of Edina Minnesota, the following resolution was moved and adopted: RESOLUTION WHEREAS, Plans for Hennepin County Project No. 7673 showing the proposed fully traffic actuated traffic control signal with integral street lights, together with specifications and special provisions. for the construction thereof at the intersection of CSAH 31 ('fork Avenue) and 69th.Street within the limits of the City as a County Project have been prepared and presented to the City. NOW THEREFORE IT IS RESOLVED: That said plans, specifications, and special provisions be in all things approved. Dated this 2nd day of May 19 77 CERTIFICATION State of Minnesota County of Hennepin City of Minnesota • I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Edina, Minnesota, at a meeting thereof held in the City of Edina , Minnesota on the 2nd day of MaY , 1977 , as disclosed by the records of said City in . my possession. (SEAL) City Clerk RESOLUTION APPROPRIATION OF MUNICIPAL STATE -AID FUNDS TO C.S.A.H. Project WHEREAS, It has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction project located on C.S.A.H. No. 31 within the limits-of said municipality, and WHEREAS, Said construction project has been approved by the Department of Transportation and identified in its records as S.A.P. No. 120 - 159 -01, NOW THEREFORE, BE IT RESOLVED: That the City of Edina does hereby appropriate from its Municipal State -Aid Street Funds the sum of $16,800.00 to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution presented to and adopted by the Council of the City of Edina, Minnesota, at a duly authorized meeting thereof held on the 2nd day of May, 1977, as shown by the minutes of said meeting in my possession. City Clerk RESOLUTION APPROPRIATION OF MUNICIPAL STATE -AID FUNDS TO MSAS PROJECT ON TRUNK HIGHWAY WHEREAS, It has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction project located on T.H. No. 121 (France Avenue) within the limits of said municipality, and WHEREAS, Said construction project has been approved by the Department of Highways and identified in its records as S.A.P. No. 120 - 141 -06 and 120 - 158 -05, NOW THEREFORE, BE IT RESOLVED: That we do hereby appropriate from our Municipal State -Aid Street Funds the sum of $53,000.00 to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution presented to and adopted by the Council of the City of Edina, Minnesota, at a duly authorized meeting thereof held on the 2nd day of May, 1977, as shown by the minutes of said meeting in my possession. City Clerk RESOLUTION City of �dlna 4001 WEST FIFTIETH STREET - EDINA, MINNESOTA 55424 927 -8861 BE -IT RESOLVED that the Edina City Council does hereby authorize the May and City Manager to enter into Agreement No. PW- 09- 11 -77, Hennepin County Project No. 7673, CSAH 31 & W. 69th Street with Hennepin County. ADOPTED this 2nd day of May, 1977. STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its regular meeting of May 2, 1977, and as recorded in the minutes of said regular "meeting. WITNESS my hand and seal of said City this 5th day of May, 1977. City.Clerk r r ` ZERO BASE PLANNING AND BUDGETING Workshop conducted by The Management Resource Corp Fkurpose: To show how to integrate Zero Base Bti_dgeting and planning into existing planning and budgeting processes. This management group feels ZBB is valuable but won't stand alone. The attached material on ZBB was handed out at the workshop for us to read before the session began. It was a good thing that this material was available because the workshop took off from a point beyond _the content of the article. (If you,have not read this article or are not very familiar with ZBB..best to read it now.. before conclusions). Conclusions: Once the priorities have been established (ranking of the decision packages) then get into identifying the planning principles. Zero Base Budgeting and Planning forces decentralized planning. It.. allows higher -level managers the opportunity to bring a broader view to the ranking of priorities and to make program trade -offs. Besides setting the priorities, a ranking of the level of servieeto be provided that is: adequate, minimal or exemplary is assigned to each--- activity (activity = any item that can be budgeted). _== Look at alternatives ... what would happen if an activity is not funded. Build on whatever planning and budgeting process you have..and don't plan to start anew in x every area Put most of your pkAining and budgeting effort into areas that have flexibility. ZERO -BASE BUDGETING [continued from preceding page] the higher level listed for another pro- gram. Thus, when the funds are finally allocated, the low- priority program might not make the list at all. Who makes the final decisions on spending and performance levels? At each echelon of management with- in an agency, consolidated sets of pack- ages are put together into larger rankings. "The process," says the OMB guide- lines, "is explicitly designed to allow higher -level managers the opportunity to bring their broader perspectives to bear on program priorities by allowing them to rank the decision packages and make program trade - offs." The end product in each case is the consolidated ranking of packages that forms the basis for the expenditure esti- mates that an agency or department sends to OMB. The various consolidated sets are then to be used by the OMB in making up the final budget estimates for submission by the White House to Congress. Can decisions be appealed? Yes, there will be provision for re- views of the managers' decisions. High - level disputes will be settled by the President. Can a single set of rules be made to fit every agency? That is not required. Each agency is instructed to work out its own zero -base system in conformance with the guide- lines set up by the OMB. What are some of the benefits expect- ed from ZBB? President Carter has said he looks for it to- * Focus the budget process on a com- prehensive analysis of objectives and needs. • . Combine planning and budgeting into a single process. • Cause managers at every level to evaluate in detail the cost - effectiveness of their operations. • Expand management participation in planning and budgeting at all levels of the Federal Government. The President summed up this way in his memorandum to agency chiefs: "By working together under a zero -base FINANCE TRENDS ------------------- - - - - -- ► Savings bonds. Investor purchases of U.S. savings bonds during the first quarter of 1977 —at 2.1 billion dol- lars—were. at their highest levels since 1945. Redemptions also in- creased, however. Net purchases for the first quarter of 1977 totaled 227 million dollars, compared with 213 million dollars during the first quar- ter of 1976. ► Mortgage rates. The effective in- terest rate on conventional loans to purchase new homes fell for the third straight month in March, to 8.97 per cent. The interest rate for February was 8.99 per cent. The rate to buy existing homes fell for the sixth consecutive month, to 8.95 per cent. ► Treasury bills. The Treasury's lat- est sale of 13 -week bills saw yields fall to 4.561 per cent from 4.585 per cent a week earlier. The return on 26 -week bills slid to 4.767 per cent from 4.846 per cent at the previous sale. ► Telephone bonds. Southern Bell Telephone & Telegraph Company's 275 million dollars of 8Y8 per cent bonds were priced to yield 8.17 per cent in 40 years. It was the sixth debt issue floated by a Bell company since early December, and offered the lowest return since then. ► Stock market. The Dow Jones in- dustrial average rallied from its low of 914.73 on April 6, gaining a total of 32.27 points to close at 947 on April 14. ► New York City. The budget for the fiscal year beginning July 1 calls for reductions of 5 to 10 per cent in the commercial -rent tax and gener- al- corporation tax. With new rev- enues from federal programs, the city is expected to avoid further cutbacks of its employes. ► Religious exemptions. The Inter- nal Revenue Service declared the Church of Scientology of New York exempt from federal income taxes. But New York City's tax commission denied tax exemptions for property owned. by the Rev. Sun Myung Moon's Unification Church, stating that it had failed to prove that it operated exclusively for religious purposes. budgeting system, we can reduce costs and make the Federal Government more efficient and effective." Do experts agree with the President's optimistic view? Howard Messner of the Congressional Budget Office recently ran a pilot ZBB experiment for the House Appropri- ations Committee at the Consumer Product Safety Commission. He con- cluded that zero -base budgeting "will make available a lot of important infor- mation to the agency, and it is a useful discipline." Arthur Kallen, director of the Office of Budget and Finance at the Treasury Department, believes the system "will lead to better and more thoughtful at- tention to priorities." Are there any drawbacks? Initially —this year, at least — planning the budget under ZBB is expected to take more time, work, personnel and money. And preparation for decision -unit summaries and their budget packages will generate mountains of paper — again, especially at the start. The ZBB pilot operation for the Appropriations Committee, according to officials, ground out three to four times the usual volume of paper work. Agencies, it is also noted, could waste a good deal of time on internal bickering over program priorities. And special -in- terest groups inside and outside Govern- ment could turn out to be more influential than the ZBB rankings. Does anyone expect a program man- ager to submit an analysis so weak that it could possibly lead to zero funding for the program? Veteran budget planners do not look for this to happen very often. But that is not seen as a requirement for success of ZBB. Decision packages or whole sets of them can be omitted from the priority lists at any level of the budget process. Admittedly, a move by an official to drop any program_ or activity under his control would not seem to fit the usual pattern of empire building that is found in almost any bureaucracy. But some offsetting forces are expected to make themselves felt. For example, if OMB is unyielding in the imposition of expenditure ceilings, an agency chief may have little choice but to lop off one or more lower - priority programs. Even 'at intermediate- echelon levels, moreover, an official may find it neces- sary, or, at least desirable to wipe out an activity or project in order to make room for the expansion or addition of another program that the official rates higher. The special attention that zero -base budgeting gives to priorities is counted 92 U.S. NEWS & WORLD REPORT, April 25, 1977 FINANCE WHAT ZERO -BASE BUDGETING. IS AND HOW CARTER WANTS TO USE IT Newest idea for reforming the Federal Government and cutting cost is the start -from- scratch budget. For a look at how it is supposed to work— President Carter is wasting no time launching the Government on a revolu- tionary approach to federal spending. The system, known as zero -base bud- geting, or ZBB, is the most radical of a long series of efforts by incoming Ad- ministrations to bring the skyrocketing federal budget under control. Until now, budget planners have tak- en each year's outlays as the starting point, and have gone on to decide how much more —or how much less —money to propose for the year ahead. Under Carter, officials are to have no such easy task. They will be required to start from scratch and consider how much money, if any, each program should have to spend. Carter heard about this new concept shortly after he became Governor of Georgia, and he ordered it installed there. While TH campaigning for Presi- dent, he pledged to adopt OF the system for the Feder- BU al Government. Carter has now notified all heads of agencies and departments to switch to ZBB in planning the Ad- ministration's first bud- get, which will go to Congress next January for the year that starts Oct. 1, 1978. Directives on how to proceed have gone out from the Office of Man- agement and Budget. The new system raises many questions among taxpayers. Here are the answers, based on the lat- est OMB plans and inter -. views with key officials. How will officials go about using zero -base budgeting? The first step is for ex- ecutives at all levels to determine the objectives of each program, to set performance standards U.S. NEWS & WORLD REPORT and to define the services or products the program is to deliver. The next job is to identify the areas — or decision units —for which managers will prepare specific budget plans. A research project, for example, might be one decision unit. A manager of one or more units will study alternative ways to achieve the objectives already set, then select the most attractive and consider different levels of spending and performance. A unit manager will prepare budget plans, called decision packages, for two or more spending levels. First is the minimum level that would permit a program to continue on any meaningful basis. Officials have been warned by OMB that this level is expect- ed to be set below current outlays. Another package will show the addi- tional money, personnel and materials that would be needed to match current performance and objectives. Still other packages will estimate the funds and personnel that would be REE VIEWS CARTER'S DGET PROBLEM needed for other performance levels, including a new, higher level. Who decides which decision package is to be sent to higher officials? Initially the decision -unit manager ranks the packages, or spending -level plans, in each set —that is, for each pro- gram or activity. But that is just the start. The official at the next higher level must consolidate the decision packages for all units under his supervision into a single ranking list. For example— depending on funds available —a manager's consolidated pri- ority list for all units under his control might call for the minimum- spending packages for programs A and B, fol- lowed by current -level funding for pro- gram C and then, as a fourth priority, the most costly and ambitious package for program A. Note: In this type of ranking, a higher - echelon manager might assign a lower priority to even the minimum- funding level of one decision unit than he does to nePoscr ;UP&Wr H Ep.r-- 9 IN OMAHA WORLD HERALD RESOLUTION OF CONDOLENCE WHEREAS, Mrs. Barbara Casselman was greatly concerned for the quality of the environment and of life in the world about her; and WHEREAS, Mrs. Barbara Casselman served as a member of the Environ- mental Quality Commission of the City of Edina from March, 1974, until her death on April 15, 1977; and WHEREAS, Mrs. Barbara Casselman served as Chairman of the Environmental Quality Commission of the City of Edina from June, 1976, until her death; and WHEREAS, Mrs. Barbara Casselman served as a member of the Recycling Commission of the City of Edina from April, 1976, until her death; and WHEREAS, Mrs. Barbara Casselman gave freely of her time as a dedicated member of .the Edina Open Space Committee; and WHEREAS, Mrs. Barbara Casselman, as a part of her great interest in the political life of her community and her country, served for many years as an Election Judge for the City of Edina; and WHEREAS, Mrs. Barbara Casselman continued to serve the City of Edina, her fellow man, and provided inspiration to all despite her failing physical health during the past months; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council extend its heartfelt sympathy to the family of MRS. BARBARA CASSELMAN during the time of their bereavement; and BE IT FURTHER REVOLVED that a copy of this resolution be spread upon the pages of the Minutes Book of the City of Edina and that a suitable copy be presented to her family. on to make such trade -offs increasingly likely. Do budget officials expect the new system to work? . Some, at least, appear more than a little skeptical. And few look for impres- sive accomplishments in efficiency or savings in the first year or two. Many budget planners, moreover, are highly dubious about the wisdom of im- posing a revolutionary system on all fed- eral agencies and departments at once. They would prefer to see it tried out on an experimental basis. Still, these officials seem to want the new system to work. And much depends on the drive to be provided by OMB Director Bert Lance and by President Carter. "Some knocking of heads together," says a veteran planner, "could make a lot of difference." Is Carter going to take a tough stance? The President is committed to balance the budget by fiscal 1981. And he clearly counts on ZBB as a tool that will help make that possible. Thus there is every reason for him to exert a great deal of pressure on Admin- istration officials to get them to make a real effort to put ZBB into full operation in a hurry. Has industry tried ZBB? Yes, an increasing number of compa- nies are using the device. Many execu- tives have called it an effective device for controlling costs, though, admittedly, corporate accounting is different from Government budgeting. Is the so- called sunset- review plan also to be used in balancing the budget? Quite possibly. A bill providing such a review process is picking up support in Congress. Administration officials have expressed general approval of the idea — with reservations about ' its impact on some of their programs. How would this review work? The authorization committees of Con- gress would conduct a periodic sunset review of each Government program before authorizing its continuation. The review would evaluate the merits of a program against its cost to see if extension or extinction seems better, or whether continuation should be on the same or a higher or lower level. How could Congress find time to make such thorough studies every year? Congress would not try. Programs would be scheduled for a fresh review on a staggered basis every five years. And, just to make sure that a specific determination is made every five years, the measure provides that failure to reauthorize a program will mean an automatic demise after the scheduled date for review — though there is some provision for temporary extensions. U.S. NEWS & WORLD REPORT, April 25, 1977 -W =, AND CANNOT DO A BUSINESS t and government decisions curities trading. The Securities and Exchange Commission has just warned the firms that they have an affirmative obligation to safeguard confidential information in their possession that may affect the secu- rities- trading markets. The agency decided to issue the warning after learning that legal secretaries in large law firms had used inside in- formation for stock trading. ■ MINORITY BANKS can now ex- pect increased deposits from federal agencies. President Carter has just urged agency heads to put their agency's money in minority -owned banks whenever "good cash -man- agement policies" allow it. Carter noted that the amount of such de- posits had recently declined, and said he would keep a close eye on the progress. n FIRING WORKERS for attend- ing night school can be lawful. One company discharged an employe following his stated intention to go to night law school. A State court of appeals upheld the dismissal of the worker's suit against the firm, re- jecting the claim that his right to continued education was a matter of public policy. The court noted that the State did not have a law protect- ing attendance at night school. ■ GRIEVANCE MEETINGS with employers sometimes must be at- tended by union representatives even though the employers have refused demands to have the ses- sions taped. One union insisted on tape- recording meetings to discuss grievances under its collective -bar- gaining contract, and refused to at- tend when this was not permitted. The National Labor Relations Board held that the union violated the law, reasoning that the contract did not provide for tape recordings and not- ing that the parties had met for years without them. : isoons of courts, government agencies and iecisions cannot be set forth in detail. On, port will refer readers to the basic material. U.S. NEWS & WORLD REPORT, April 25, 1977 r OptIM /sr ®a OPTIMIST INTERNATIONA L At•�� 4494 LINDELL BOULEVARD • ST. LOUIS, MISSOURI 63108 • 314 -371 -6(000 April 1, 1977 Mr. Warren Hyde City Manager City of Edina City Hall Edina MN 55424 Dear Mr. Hyde: As a part of Optimist International's continuing efforts to promote citizen awareness and participation in civic affairs, we sponsor an annual Respect For Law Week. This program is conducted by our affiliated Optimist clubs in the United States and Canada during the week of May 1 -7. Your assistance and cooperation are needed in the efforts taken to achieve widespread public observance of Respect For Law Week. We respectfully request you to issue a proclamation, or statement of support, designating May 1- 7,1977, as Respect For Law Week. Enclosed is a suggest- ed text for such a resolution. On behalf of the 130,000 Optimists in 3,400 communities throughout Canada and the United States, I invite you, through the issuance of the proclamation, to join Optimist International's efforts to bring about increased citizen respect for, and awareness of, respect for law. RSMcA:igh Sincerely, ;Z4 44-W J4 Richard S. McAnany, President / Optimist International SUGGESTED "RESPECT FOR LAU !IEEK" PROCLAi- iATION WHEREAS, crime and its effect upon the lives and property of our citizens continue undiminished, despite efforts by government, citizens' organizations and many individuals, and UHEREAS, theprob-lcr:� of crime touch and affect all segments of our society undermining and eroding the moral and economic strength of our communities and their citizens, and WHEREAS, there is still a reluctance on the part of many citizens to involve themselves in actions to insure the protection, rights and well being of their fellow citizens, and WHEREAS, Optimist clubs and their members continue to sponsor and support prograns aimed at combatting crime and disrespect for law through year -round efforts; now therefore be it RESOLVED, that I Witness: proclaim the week of I' ay -7, 19 as RESPECT FOR LAU !LEEK, and ask all citizens of to join with the Optimists in carrying the riessa.ge of respect for law to other citizens, and by example, exercise responsible citizenship. Done at this day of in the year of our Lord nineteen hundred and seventy seven. Signed: �., ,ate city of �dlna 4501 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 927.8861 RESOLUTION BE IT RESOLVED that the Edina City Council hereby appoints B*a =_ee Chief of Police for the City of Edina, as the duly constituted agent for the City of Edina for the purpose of making application for reimbursement funds to defray the cost of salaries, expenses and substitute expenses during the basic training of Peace Officers of the City of Edina who have attended a certified training course approved by the Minnesota Peace Officers Training Board. (e, _ 19 77 ADOPTED this k4rd day of Au ust, 1976. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution is a true and correct copy of a resolution adopted by the Edina City Council at its meeting of Monday, ,Ru-,t 21 _76, and as recorded in the Minutes of said Special Meeting. ' Sl WITNESS. my hand and seal of said City this ifth day of -Ast;' 1976. City Clerk J RESOLUTION RESOLUTION IN SUPPORT OF HOUSE FILE NO. 609, SENATE FILE NO-522, RELATING.TO WATERSHEDS WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina; and WHEREAS, the City Council in regular meeting reviewed and discussed the proposed legislation which is embodied in House File No. 609, Senate File No. 522; and WHEREAS, the City Council understands that the bill provides for the.managers of the Minnehaha Creek Watershed District, the Nine Mile Creek . Watershed District, and other watershed districts to finance water management related improvements with bonds to be issued by the County Board,.which bonds would be paid for from either special assessments or the watershed district tax levy; and WHEREAS, the City Council understands that the passage of the bill is necessary to complete desirable and beneficial water management projects in the Minnehaha Creek Watershed District and the Nine Mile Creek Watershed District which are pending or underway; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina supports passage of the proposed .legislation of House File No. 609, Senate File No. 522; BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Legislative representatives of the City of Edina in the Minnesota State Legislature, to the President of the Minnehaha Creek Watershed District Board' of Managers, and to the President of the Nine Mile Creek Watershed District. MEMO TO: Mayor and City Council FROM: Bert Merfeld, Chief of Police /Director of Civil Defense Gary West, Administrative Services Coordinator DATE: April 15, 1977 SUBJECT: BIDS FOR CIVIL DEFENSE WARNING SIREN Bids were received for the purchase and installation of a Civil Defense Warning siren, Thursday, April 14, 1977. This was a rebidding for the siren whose bids were rejected by the Council on February 28, 1977, as being con- siderably over the estimated cost due to the location and installation of electrical power to the site. The site was relocated to a point on public right of way, adjacent to St. Alban's Church at Gleason Road and Valley View Road. This site was chosen as it provides the best coverage for the South- west quadrant of the City and is adjacent to NSP power lines. Four bids were received as follows: Batzli Electric Company 1805 -I1 South First Street Minneapolis, Minnesota Electric Service Company 1609 Chicago Avenue Minneapolis, Minnesota Lehn Electric 214 East Main Street Anoka, Minnesota Alerting Communicators of America 6603 W. Donges Bay Road 104 N. Mequon, Wisconsin Federal 1000 AT $ 7,400.00 Allertor 125 $ 4,500.00 Federal 1000 AT $ 5,720.00 No Bid We recommend award to the low bidder, Electric Service Company, for a total of $4,500.00. This is well under the estimated cost of $7,500.00. Also, the City will receive 50% of the cost from the Federal Government and up to 25% from State funds. Gary LWlest Admini ative rivices Coordinator GLW/skh CIVIL DEFENSE WARNING SIREN — BIDS CLOSE APRIL 14 Edina, Minn. ADVERTISEMENT FOR BIDS — SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 A. M., Thursday, April 14, 1977, and the Edina City Council will meet at 7:00 P. M., Monday, April 18, 1977, at the Edina City Hall to consider bids being for the following: Acquisition and Installation of a Civil Defense Warning Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or _submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal sub- mission, after the time set for receiv . --ing them may be returned unopened. Bids must be in conformance with specifications which are available 'at the Edina City Hall. No bids will be considered unless sealed and accom- panied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to re- ject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. RY ORDER OF THE EDINA CITY COUNCIL FLORENCE B. HALLBERG City Clerk 4 -1 (This notice first appeared April 1) Construction Bulletin 15 South 9th Street, Suite 420 Minneapolis, Minn. 55402 is the only paper furnishing complete Northwest construction news. It is closely read every week by architects, engineers, contractors, builders, ma- terial men and bond buyers. Official advertising, 37 cents per line each insertion. This Includes: 1. Publication of the call for bids In the Construction Bulletin. 2. A copy of the Bulletin containing your ad. 3. Listing of the closing date of your work in an Index of Proposals for convenient use of the contractors. 4. Fifteen separate printed copies of the ad mailed to you for your own use. (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS CIVIL DEFENSE WARNING SIREN BIDS CLOSE 11:00 A.M., THURSDAY, APRIL 14, 1977 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Thursday, April 14, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, April 18, 1977, at the Edina City Hall to consider bids being for the following: Acquistion and Installation of a Civil Defense Warning Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Please publish in the Edina Sun on March 30, 1977. Please send us two Affidavits of Publication. CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS CIVIL DEFENSE WARNING SIREN BIDS CLOSE 11:00 A.M., THURSDAY, APRIL 14, 1977 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Thursday, April 14, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, April 18, 1977, at the Edina City Hall to consider bids being for the following: Acquistion and Installation of a Civil Defense Warning Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Please publish in the Construction Bulletin on March 31, 1977. Please send us one Affidavit of Publication. 4 I CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS CIVIL DEFENSE WARNING SIREN BIDS CLOSE 11:00 A.M., THURSDAY, APRIL 14, 1977 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Thursday, April 14, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, April 18, 1977, at the Edina City Hall to consider bids being for the following: Acquistion and Installation of a Civil Defense (darning Siren and Controls Bids shall be in a sealed envelope with a statement thereon shoving the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 480.1 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk CITY OF EDINA INSTRUCTIONS TO BIDDERS 1. Bids are to be securely sealed, labeled "Bid for Civil Defense Warning Siren" and delivered to the office of the City Clerk, 4801 W. 50th Street, Edina, Minnesota 55424, no later than 11:00 a.m., Wednesday, February 16, 1977, at which time they will be opened and publicly read'-in the Council Chambers, Edina City Hall. 2. Each bid must be accompanied by a cash deposit, bid bond, certified or cashier's check, payable to the City of Edina, in an amount equal to at least ten (10) percent of the total net bid. 3. All bids must be submitted on the attached proposal form, a copy of which is for the bidder's file. 4. The City is exempt from all Federal Excise Tax and Federal Transpor- taion Tax and will execute a Tax Exemption Certificate. The City is also exempt from the State Sales Tax. Do Not Include Any of These Taxes in the Bid. 5. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. Bids may not be withdrawn until 45 days after the bids are opened. 6. Bidder will be responsible for field measurement and shall familiarize themselves with the job site. OTHER TERMS, CONDITIONS AND INSTRUCTIONS TO THE SPECIFICATIONS 1. CONSIDERATION OF PROPOSAL: The bidder shall submit his proposal on the form furnished by the City of Edina. a) The City reserves the right to accept or reject any or all bids or any part of any bid, to waive minor defects or technicalities, or to advertise for new bids, as it may deem best for it's interest. b) The City of Edina shall hereinafter be referred to as the City. c) The bid shall be in ink or typed. Prices submitted in the proposal by the bidder for a particular identified City department shall be construed as prices, sub- mitted for all City departments using like items. d) In case of difference between written words and figures in a proposal, the amount stated in written words shall govern. e) In case of unit price difference from extended figure, the unit price shall govern. f) Alterations or erasures must be crossed out and the corrections thereof printed in ink or typewritten adjacent thereto. The corrections must be initialed in ink by each person signing the proposal. g) All bids must comply with and not deviate from the provisions of the specifications and /or other bid or contract documents if any. h) Revisions or interpretations made by the City shall be by addendum issued prior to the date set for bid opening. i) Changes to the proposal may be cause for rejection of said proposal.- 2. EXECUTION OF CONTRACT: The successful bidder(s) are required to execute a contract, once the City has sent written notice of a,•!ard. The contract shall be signed by the successful bidder(s) and returned, together with any required bonds, within ten (10) days after the forms have been mailed to the bidder. Upon failure of the successful bidder(s), within the time allotted to execute the contracts, furnish an acceptable bond, or comply with any other requirements imposed precedent to approval of the contract, the bid deposit requested in the.call for bids shall be forfeited to the City, not as a penalty, but as liquidated damages. a) By submitting a bid, bidder agrees that said liquidated damages shall cover only the damages sustained by the City from additional administrative costs, expenses of readvertising and rebidding, and other damages sustained by the City as a result of failure of the successful bidder(s) to execute a written contract and a performance bond when so required, but shall not cover, nor preclude the City from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the City to fulfill other contracts, loss of other benefits of this contract, or other damages direct or consequently arising out of breach of the contract or failure to perform same by the successful bidder(s)'. 3. WITHHOLDING: On any contract requiring the employment of employees for wages by the bidder, final settlement shall not be made until satisfactory showing is made of a certificate completed by the Commissioner of Taxation (State of Minnesota, Department of Taxation, Form 134) indicating compliance with the provisions of Section 290.92. 4. TIME FOR RECEIVING BIDS: Bids received prior to the time of opening will be securely kept unopened. The officer whose duty it is to open them will decide when the specified time has arrived and no bid received thereafter will be considered. Bids received after the time set for opening will be returned to the bidder unopened. No responsi- bility will be attached to an officer for the premature opening of a bid not properly addressed and identified. a) Bidders are cautioned that, while telegraphic modifications of bids may be received as hereinafter provided, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended subject to rejections. Bidders should secure correct information relative to the probable time of arrival and distribution of mail at the place where the bids are to be opened. .Other terms, conditions and instructions to the specifications Page two 5. WITHDRA14AL OF BIDS: The City shall not physically release or return to the bidder any bid for the purpose of modification, withdrawal or any other purpose whatsoever unti. 1 after the bids are officially opened and acknowledged. and no bid may be,with- drawn for a period of forty -five (45) days from the official opening thereof, and then only by written notification directed to the Director of Finance and no pre - notification on proposal shall be construant as complying with this requirement. a) Delivered bids may be modified or withdra4m by written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation of any telegraphic modification or withdrawal over the signature of the bidder is placed in the mail and postmarked and acknowledged by signed receipt thereof, prior to the time set for bid opening; provided further, that any telegraphic requests should not reveal the amount of the original or revised bid;.provided further, any written request or written confirmation must be signed in the same manner by the same person who signed the proposal. b) All bids shall be held firm until the award has been made. 6. BIDDER'S EXPERIENCE: Prior to the award of the Contract, the apparent low bidder, if requested by the Director of Finance shall furnish to him current information and data regarding -the bidder's financial resources and organization within five (5) working days. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish the City all such information and data for this purpose as the City may request. The right is reserved to reject the bid where the available evidence or information does not satisfy the City that the bidder is qualified to carry out properly the terms o; this contract.. The expertise of the vendor in the particular field of endeaver must be demonstrated and docemented to the full satisfaction of the City. 7. BID GUARANTEE: Bid Guarantee in the form of a cash Bid Bond, Certified Check or Cashier's Check shall be made payable to the order of the City of Edina. Personal checks cannot be accepted. The Bid Guarantee shall insure the execution of the Contract and the furnishing of a performance bond by the successful bidder(s) . The bid must be accompanied by a Bid Guarantee which will not. be less than ten percent (10%) of the amount of the bid and at the option of the bidder, may be a certified check, cashier's check or a bid bond secured by a corporation authorized to contract as a surety in the State of Minnesota. No bid will be considered unless it is so guaranteed. Revised bids, whether forwarded by mail or telegram, if representing an increase of the original -bid, must have the bid guarantee adjusted according, and in the case of a revision by telegram the envelope containing the adjusted bid deposit must'be postmarked prior to the time set for the opening of bids; otherwise the revision of the bid will not be considered and the original bid shall remain in force. The bid deposit except those of the two lowest bidders will be returned after the executed contract and required bonds have been finally approved by the City. 8. EXCISE TAXES: Instrumentalities of the State of Minnesota are not subject to Federal Excise Taxes. Individual certificates will be furnished on request if needed by the contractor to reclaim for himself, such charges. 9. MINNESOTA STATE SALES TAX EXEMPTION: Instrumentalities of the State of Minnesota are not subject to the State of Minnesota Sales Tax. Pursuant to Minnesota Laws of 1967, Extra Session, Chapter 32, Article XIII, Section 25 (which deals with exemptions), Subd. 1. Para. (J) provides specific exemption from taxes imposed by Article XIII as follows: "The gross receipts from all sales of tangible personal property to, and all storage use or consumption of such property by, the United States and its agencies and instrumentalities of the State of Minnesota and its agencies, instrumentalities and political subdivisions." 10. COLLUS10N OF BIDDERS: Collusion between bidders is cause for rejection of all bids of bidders thus involved. Other terms, conditions and instructions to the specifications Page three 11. GUARANTEE: The successful bidder(s) further agree(s) to guarantee all materials and parts bid and supplies against inferiority as to specifications, such guarantee to be unconditional. Failure or neglect of the Finance Director to require compliance with any term or condition of the contract or specifications shall not be deemed a waiver of such term or condition. 12. DELIVERY: Cost of delivery to the location of said materials and supplies is included in said prices and delivery shall be made only as called for on duly signed Purchase Orders or Releases referring to the contract and issued by the Purchasing Department of the City. It is understood that the City shall be under no obligation for payment for any supplies or material except on the basis of said Orders or Releases duly- signed .and. issued. In addition, the successful bidder(s) shall not be held responsi- ble for damages caused by delay or failure to, perform or defaults caused by public carriers, or acts or demands of the Government in time of war or national emergency. Deliveries shall be made inside where applicable and when so directed. 13. LEGAL RIGHTS OF MATERIAL: The successful bidder(s) hereby guarantee that they will have full legal right of material delivered under this agreement, and agree(s) to pay all rents and royalties of every description on any and all patents or patent rights covering said material, or covering any process or machinery used in its construction and agree(s) to indemnify and save the City entirely harmless from any and all claims, demands, damages, actions, or causes of action, arising, or to arise, against said City by reason of the construction or delivery of said material, or the use of any process, machinery or material in the construction of same. 14. PAYMENT: The City hereby agrees, in consideration of the covenants and agreements specified to be kept and performed by the successful bidder(s), to pay to th e successful bidder(s) when the terms and conditions of the contract and specifications have been fully completed and fulfilled on the part of the bidder(s) to the satisfaction of the City, the sum of the contract price. If said amount is indicated to be an estimate, the estimate will be based on experience and no representation as to quantity shall be construed therefrom. No guarantee of minimum or maximum quantity or amount is either made or implied. The City shall neither be compelled to order any quantity or any item nor limited in the total quantity ordered on any item unless so specified. In addition, in case the successful bidder(s) shall proceed properly to perform and complete the terms and conditions of the specifications and contract, the Finance Director of the City at his discretion, from time to time as deliveries are made, grant to the success- ful bidder(s) an estimate of the amount already earned, which shall entitle the holder thereof to receive the amount due thereon, when the condition, if any annexed to such estimate shall have been complied with. The granting of such estimate shall not be construed as an acceptance of the materials or any protion thereof. No increase above said bid price will be allo:ied to the successful bidder(s) during . the term of the con- tract unless and except as provided by the specifications. Payment under the contract will be made in the manner provided by law for payment of claims against the Purchasers. 15• AFFIRMATIVE ACTION POLICY STATEMENT: In accordance with City of Edina Affirmative Action Policy and the City Council's policies against discrimination, no person shall, on grounds of race, color, religion, age, sex, disability, marital' status, sexual orientation, public assistance status, exoffender status, or National -Origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be other- wise subjected to discrimination under any program, service or activity under the pro - visions of any and all applicable Federal and State laws against discrimination. The Contractor will furnish all information and reports required by the City of Edina or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and order of the the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. SPECIFICATIONS FOR ONE CIVIL DEFENSE SIREN, CONTROLS, AND COMPLETE INSTALLATION IN THE CITY OF EDINA, MINNESOTA General I The vendor shall furnish siren and siren components required for the operation of the siren. The siren furnished must be a rotating two - tone, two signal, air, warning siren, output at least 125 decibels at 100 feet, 240 volt, 60 cycle, 3 phase size B, or equivalent. II The contractor shall furnish and /or arrange for labor and materials required for the complete installation and operation of the siren, including mounting pole of required size and type, all electrical and telephonic control circuitry for leased land line activation of the alert and attack warning tones over the metro warning system. This includes direct current power supply if required. Bids shall include Bell Telephone and Northern States Power charges in connection with such installation. The siren will be installed on a Class I pole furnished by the contractor and according to the manufacturer's rec- ommended specifications as to mounting methods and height necessary to clear surrounding obstacles. Bids may be submitted for item I and /or item II above. -If a bid is sub- mitted for both items I and II, it shall specify the amount for each item and shall state that the bidder would be willing to contract for either item wihtout the other. Bidders shall inform themselves of the conditions under which the work is to be performed at the site of the work, the structure of the ground, the obstacles which may be encountered, and all other relevant matters concern- ing which such bidder might have fully informed himself prior to the bidding. The siren will be installed on a pole at the following location: Northwest corner of the intersection of Gleason Road and Valley View Road. Site identified by stakes. Installation will be accomplished in accordance with the manufacturer's recommendations and in compliance with State of Minnesota Building and Electrical Codes. Operational test shall be made of the installation before acceptance and final payment is made. The siren must be installed, tested, and accepted on or before sixty (60) days from the date contract is awarded. Bidders must have parts and service available. All labor must meet standards of U.S. Davis Bacon Act and Federal Govern- ment regulations regarding provisions of Equal Opportunity. The City Council reserves-the right to reject any or all bids and to waive formalities. CITY OF EDINA PROPOSAL Edina City Council City of Edina Edina, Minnesota 55424 Gentlemen: Bids Opened April 14, 1977 Edina City Hall 11:00 A.M. The undersigned has examined the contract documents, including the advertisement for bids, general contract conditions and detailed specifications on file.in the office of the City Clerk, and hereby proposes to furnish the following in accor- dance with the contract documents for the prices listed below: Installation of one (1) Civil Defense Siren, complete with controls, in accordance with the specifications, Manufacturer Model # for the LUMP SUM of: DOLLARS ($ } TOTAL COST i0 CITY Delivery Date will be on No bids will be considered unless sealed and accompanied by cash deposit, bid bond, or certified check payable to,the City of Edina in the amount of not less than ten percent (10 %) of amount of net bid. Bids may not be withdrawn until 45 days after the bids are opened. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. Authorized Signature Title Firm Name Address Telephone City State Zip CITY OF EDINA PROPOSAL Edina City Council City of Edina Edina, Minnesota 55424 Gentlemen: Bids Opened April 14, 1977 Edina City Hall 11:00 A.M. The undersigned has examined the contract documents, including the advertisement for bids, general contract conditions and detailed specifications on file.in the office of the City Clerk, and hereby proposes to furnish the following in actor-: dance with the contract documents for the prices listed below: Installation of one (1) Civil Defense Siren, complete with controls, in accordance with the specifications, Manufacturer Model # for the LUMP SUM of: DOLLARS ($ } TOTAL COST TO CITY Delivery Date will be on No bids will be considered unless sealed and accompanied by cash deposit, bid bond, or certified check payable to the City of Edina in the amount of not less than ten percent (10) of amount of net bid. Bids may not be withdrawn until 45 days after the bids are opened. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. Authorized Signature Title Firm Name Address Telephone City State Zip CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS CIVIL DEFENSE WARNING SIREN BIDS*CLOSE 11:00 A.M., THURSDAY, APRIL 14, 1977 SEALED ENDS will be received and opened in the Council Chambers, Edina City Hall, 4£01 W. 50th Street, at 11:00 a.m., Thursday, April 14, 19.77, and the Edina City Council will meet at 7:00 p.m., Monday, April 18, 1977, at the Edina City Hall to consider bids being for the following: Acquistion and Installation of a Civil Defense Warning Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the iter.s covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Cierk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina Citv Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Please publish in the Construction Bulletin on :March 31, 1977. Please send us one Affidavit of Publication. CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT'FOR'BIDS BIDS CLOSE'' 1.5 -April -1977 - SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Friday , 15 April.1977 and the Edina City Council will meet at 7:00 p.m., Monday, . lb April 1977 at the,Edina City Hall to consider bids being for the following: TRACTOR.AND 7 -GANG HYDRAULIC LIFT MOWERS Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and ' accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Please publish in the Sun on 3 /30 /77-Florence B. Hallberg Please send us two Affidavits of City Clerk Publication. A a CITY OF EDINA PROPOSAL Edina City Council City of Edina Edina, Minnesota 55424 Gentlemen: Bids Opened 1-5 April 1977 Edina City Hall 11:00 A.M. The undersigned has examined the contract documents, including the advertisement for bids, general contract conditions and detailed specifications on file in the office of the City Clerk, and hereby proposes to furnish the following, in accordance with the contract documents for the prices listed below: One (1) Tractor and-7-gang hydraulic lift mowers Please submit with bid a detailed brochure illus- trating the equipment cited in the bid. Please include a photograph of the equipment _ if equipment is not pictured in the brochure. TOTAL COST TO CITY No bids will be considered unless sealed and accompanied by cash deposit, bid bond, or certified check payable to the City of Edina in the amount of not less than ten percent (10%) of amount of net bid. Bids may not be withdrawn until 45 days after the bids are opened. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. Authorized Signature Title Telephone Firm Name Address City State Zip CITY OF EDfNA PROPOSAL Edina City Council City of Edina Edina, Minnesota 55424 Gentlemen: Bids Opened 1-5 Apri 1- 1977 Edina City Hall 11:00 A.M. The undersigned has examined the contract documents, i�ncl,uding the. advertisement for bids, general contract conditions and detailed specifications on file in the office of the City Clerk, and hereby proposes to furnish the following, in accordance with the contract documents for the prices listed below: One (1) Tractor and-7-gang hydraulic lift mowers Please submit with bid a detailed brochure illus- trating the equipment cited in the bid. Please include a photograph of the equipment if equipment is not pictured in the brochure. TOTAL COST TO CITY. No bids will be considered unless sealed and accompanied by cash deposit, bid bond, or certified check payable to the City of Edina in the amount of not less than ten percent (10 %) of amount of net bid. Bids may not be withdrawn until 45 days after the bids are opened. The _ --City Council reserves the right to reject any or-all bids or any part of any bid, and will accept the bid that is deemed to be in- the:best'i'nterest of the - City.. Authorized Signature Title Telephone- Firm Name Address City State Zip CITY OF EDINA INSTRUCTIONS TO BIDDERS 1. Bids are to be securely sealed, labeled TRACTOR AND 7_- GANG-HYDRAULIC LIFT MOWERS and delivered to the office of the City Clerk, 4801 W. 50th Street, Edina, Minnesota 55424, no later than 11:00 a.m., Friday. , .15 April 1977 : at which time they will be opened and publicly read In the Council Chambers, Edina City Hall. 2. Each bid must be accompanied by a cash deposit, bid bond, certified or cashier's check, payable to the City of Edina, in an amount equal to at least ten (10) percent of the total net bid. 3. All bids must be submitted on the attached proposal form, a copy of • I which is for the bidder's file. 40 The City is exempt from all Federal Excise Tax and Federal Transpor- taion Tax and will execute a Tax Exemption Certificate. ..The City is also exempt from the State Sales Tax. Do Not Include Any of These Taxes in the Bid. 5. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. Bids may not be withdrawn until 45 days after the bids are opened. OTHER TERMS, CONDITIONS AND INSTRUCTIONS TO THE SPECIFICATIONS 1. CONSIDERATION OF PROPOSAL: The bidder shall submit his proposal on the form furnished by the City of Edina. a) The City reserves the right to accept or reject any or all bids or any part of any bid, to waive minor defects or technicalities, or to advertise for new bids, as it may deem best for it's interest. b) The City of Edina shall hereinafter be referred to as the City. 0 The bid shall be in ink or typed. Prices submitted in the proposal by the bidder for a particular identified City department shall be construed as prices, sub- mitted for all City departments using like items. d) In case of difference between.written words and figures in a proposal, the amount stated in written words shall govern. e) In case of unit price difference from extended figure, the unit price shall govern. f) Alterations or erasures must be crossed out and the corrections thereof printed in ink or typewritten adjacent thereto. The corrections must be initialed in ink by each person signing the proposal. g) All bids must comply with and not deviate from the provisions of the specifications and /or other bid or contract documents if any. h) Revisions or interpretations made by the City shall be by addendum issued prior to the date set for bid opening. 1) Changes to the proposal may be cause for rejection of said proposal-.•, 2. EXECUTION OF CONTRACT: The successful bidder(s) are required to execute a contract, once the City has sent written notice of award. The contract shall be signed by the successful bidder(s) and returned, together with any required bonds, within ten (10) days after the forms have been mailed to the bidder. Upon failure of the successful bidder(s), within the time allotted to execute the contracts, furnish an acceptable bond, or comply with any other requirements imposed precedent to approval of the contract, the bid deposit requested in the call for bids shall be forfeited to the City, not as a penalty, but as liquidated damages. a) By submitting a bid, bidder agrees that said liquidated damages shall cover only the damages sustained by the City from additional administrative costs, expenses of readvertising and rebidding, and other damages sustained by the City as a result of failure of the successful bidder(s) to execute a written contract and a performance bond when so required, but shall not cover, nor preclude the City from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the City to fulfill other contracts, loss of other benefits of this contract, or other damages direct or consequently arising out of breach of the contract or failure to perform same by the successful bidder(s). 3. WITHHOLDING: On any contract requiring the employment of employees for wages by the bidder, final settlement shall not be made until satisfactory showing is made of a certificate completed by the Commissioner of Taxation (State of Minnesota, Department of Taxation, Form 134) indicating compliance with the provisions of Section 290.92• 4. TIME FOR RECEIVING BIDS: Bids received prior to the time of opening will be securely kept unopened. The officer whose duty it is to open them will decide when the specified time has arrived and no bid received thereafter will be considered. Bids received after the time set for opening will be returned to the bidder unopened. No responsi- bility will be attached to an officer for the premature opening of a bid not properly addressed and identified. a) Bidders are cautioned that, while telegraphic modifications of bids may be received as hereinafter provided, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended subject to rejections. Bidders should secure correct information-' relative to the probable _ . time of arrival and distribution of mail at the place where the bids are to be opened. Other terms, conditions and instructions to the specifications Page- two 5. WITHDRAWAL OF BIDS: The City shall not physically release or return to the bidder any bid for the purpose of modification. withdrawal or any other purpose whatsoever until after the bids are officially opened and acknowledged. and no bid may be with - .drawn for a period of forty -five (45) days from the official opening thereof, and then only by written notification directed to the Director of Finance and no pre - notification on proposal shall be construant as complying with this requirement. a) Delivered bids may be modified or withdrawn by written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation of any telegraphic modification or withdrawal over the signature of the bidder is placed in the mail and postmarked and acknowledged by signed receipt thereof, prior to the time set for bid opening; provided further, that any telegraphic requests should not reveal the amount of the original or revised bid; provided further, any written request or written confirmation must be signed in the same manner by the same person who signed the proposal. b) All bids shall be held firm until the award has been made. 6. BIDDER'S EXPERIENCE: Prior to the award of the Contract, the apparent low bidder, if requested by the Director of Finance shall furnish to him current information and data regarding the bidder's financial resources and organization within five (5) working days. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish the City all such information and data for this purpose as the City may request. The right is reserved to reject the bid where the available evidence or information does not satisfy the City that the bidder is qualified to carry out properly the terms of this contract. The expertise of the vendor in the particular field of endeaver must be demonstrated and docenented to the full satisfaction of the City. 7. BID GUARANTEE: Bid Guarantee in the form of a cash Bid Bond, Certified Check or Cashier's Check shall be made payable to the order of'the City of Edina. Personal checks cannot be accepted. The Bid Guarantee shall insure the execution of the ,_Contract and the furnishing of a performance bond by the successful bidder(s). The bid•must b4 accompanied by a Bid Guarantee which will not be less than ten percent (10 %) of the amount of the bid and at the option of the bidder, may be a certified check,; cashier's check or a bid bond secured by a corporation authorized to contract as a surety in the State of Minnesota. No bid will be considered- unless it is so guaranteed. Revised bids, whether forwarded by mail or telegram, if representing an increase of the original-bid, must have the bid guarantee adjusted according, and in the case of a revision by telegram the envelope containing the adjusted bid deposit must be postmarked prior to the time set for the opening of bids; otherwise the revision of the bid will no_ be-- considered and the original -bid shall - remain -in force. The bid-deposi-t except those of the two Iowest bidders will be returned after the executed contract and required bond_ have been finally approved by the City. 8. EXCISE TAXES: Instrumentalities of the State of Minnesota are .not subject to Federal Excise Taxes. Individual certificates will be furnished on request if needed by the contractor to reclaim for himself, such charges. 9. MINNESOTA STATE SALES TAX EXEMPTION: Instrumentalities of the State of Minnesota are not subject to the State of Minnesota Sales Tax. Pursuant to Minnesota Laws of 1967, Extra Session, Chapter 32, Article XII1, Section 25 (which deals with exemptions) , Subd. 1. Para. (J) provides specific exemption from taxes imposed by Article XIII as follows: "The gross receipts from all sales of tangible personal property to, and all storage use or consumption of such property by, the United States and its agencies, and instrumentalities of the State of Minnesota and its agencies, instrumentalities and political subdivisions." 10. COLLUSION OF BIDDERS: Collusion between bidders is cause for rejection of all bids of bidders thus involved. Other terms, conditions and instructions to the specifications Pate three U. GUARANTEE: The successful bidder(s) further agree(s) to guarantee all materials and parts bid and supplies against inferiority as to specifications, such guarantee to be unconditional. Failure or neglect of the Finance Director to require compiiance with any term or condition of the contract or specifications shall not be deemed a waiver of such term or condition. 12. DELIVERY: Cost of delivery to the location of said materials and supplies is included in said prices and delivery shall be made only as called for on duly signed Purchase Orders or Releases referring to the contract and issued by the Purchasing Department of the City. It is understood that the City shall be under no obligation for payment for any supplies or material except on the basis of said Orders or Releases duly-signed and.issued. In addition, the successful bidder(s) shall not be held responsi- ble for damages caused by delay or failure to_ perform or defaults caused by public carriers, or acts or demands of the Government in time of war or national emergency. Deliveries shall be made inside where applicable and when so directed. 13. LEGAL RIGHTS OF MATERIAL: The successful bidder(s) hereby guarantee that they will have full legal right of material delivered under this agreement, and agree(s) to pay all rents and royalties of every description on any and all patents or patent rights covering said material, or covering any process or machinery used in its construction and agree(s) to indemnify and save the City entirely harmless from any and all claims, demands, damages, actions, or causes of action, arising, or to arise, against said City by reason of the construction or delivery of said material, or the use of any process, machinery or material in the construction of same. 14. PAYMENT: The City hereby agrees, in consideration of the covenants and agreements specified to be kept and performed by the successful bidder(s) , to pay to the successful bidder(s) when the terms and conditions of the contract and specifications have been fully completed and fulfilled on the part of the bidder(s) to the satisfaction of the City, the sum of the contract price. If said amount is indicated to be are estimate, the estimate will be based on experience and no representation as to quantity shall be construed therefrom. No guarantee of minimum or maximum quantity or amount is either made or implied. The City shall neither be compelled to order any quantity or any item nor limited in the total quantity ordered on any item unless so specified. In addition, in case the successful bidder(s) shall proceed properly to perform and complete the, terms and conditions of the specifications and contract, the Finance Director of the City at his discretion, from time to time as deliveries are made, grant to the success- ful bidder(s) an estimate of the amount already earned, which shall entitle the holder thereof to receive the amount due thereon, when the condition, if any annexed to such estimate-shall have been complied with. The granting of such'estimate shall not be construed as an acceptance of the materials or any protion thereof. No increase above said bid price will be allo..jed to the successful bidder(s) during the term of the con- tract unless and except as provided by the specifications. Payment under the contract will be made in the manner provided by law for payment of claims against the Purchasors. 15. AFFIRMATIVE ACTION POLICY STATEMENT: In accordance with City of Edina Affirmative Action Policy and the City Council's policies against discrimination, no person shall, on grounds of race, color, religion, age, sex, disability, marital' status, sexual orie[Ltation, public assistance status, exoffender status, or National Origin, be exclude, from full employment rights in, participation in, be denied the benefits of, or be other wise subjected to discrimination under any program, service or activity under the pro- visions of any and all applicable Federal and State laws against discrimination. The Contractor will furnish all information and reports required by the City of Edina or by Executive Order too. 11246 and Revised Order No. 4, and by the rules and regulations and order of the the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. CITY OF ED114A SPECIFICATIONS FOR TRACTOR AND 7 -GA14G HYDRAULIC LIFT MOWERS GE14ERAL: These specifications cover the requirements for one new tractor and 7 -gang hydraulic lift mower unit. It shall be a currently advertised 1977 model complete and ready for service. The vehicle shall be equipped with all standard equipment as currently advertised by the manufacturer, whether or not specifically covered in these specifications,in addition to all equip- ment called for herein. ENGINE: Heavy - duty,not less than 78 H.P. @ 2,800 R.P.M. Torque --- 189 ft. lbs. @ 1,500 R.P.M. COOLING: Centrifugal type circulating pump, full length water jacket, 16 in. diameter fan, coolant capacity 15 qt. minimum. FUEL: Gasoline, 13 gallon minimum capacity. AIR CLEANER: Oil bath, Heavy - duty. Must protect engine in dusty conditions. OIL FILTER: Full -flow, replaceable type. BATTERY: 12 -volt heavy -duty. SELF-STARTER: Electric Ivey start. TRANS14ISSION: Heavy -duty with four (4) speeds forward, one (1) speed reverse. Minimum transport speed to be 30 M.P.H. . CLUTCH: Not less than 10 in. diameter. DRIVE AXLE: Dana 2_' ton truck type with spiral bevel gears - -- 6.17 to 1 reduction. Load capacity 5,000 lbs. - -- rated torque output 5,500 ft. lbs. STEERING AXLE: Heavy -duty, pivot mounted. BRAKES: Foot --- Hydraulic, automotive brakes on drive wheels, Size - -- 12 x 21, mechanical parking brake must be standard. WHEELS E TIRES: 9.50 x 14, 6-ply rib tread. Drive 12.00 x 16.5 high f loatation, 8-ply all tires to be semi.pneumatic. TURNING RADIUS: Not to exceed 9 ft. inside circle. WIDTH OF TRANSPORT POSITION: Not to exceed approx. 8 ft. DRAW BAR: Close coupler pin-type, convertible to ball -type coupler. LIGHTS: Dual single beam headlights to be mounted on front hood. OPERATOR'S SEAT: Must be adjustable to compensate for height and weight of operator, cushioned seat and back rest. ROP: Roll Over Protection structure that meets OSHA regulations. SPECIFICATIONS CUTTING BLADES: Must be comprised of a six (6) blade roll, 7 gang mower capable of a 15 ft. cutting width. HYDRAULIC SYSTE14: Engine - driven hydraulic pump, valves must control raising and lowering mowers entirely from operators seat. Must be designed to lift and transport seven (7) mowing units, when lifted mowers must afford enough ground clearance to cross over curbs or obstacles. Certain Manufacturers items have been called for in these specifications, however, the City of Edina will accept any comparable items that meet the intent of the specifications. If there are questionable items the C ;ty staff should be contacted for clarification. However, a comparable or equal Item will. be considered. It 10 CITY OF EDINA PROPOSAL Edina City Council City of Edina Edina, Minnesota 55424 Gentlemen: Bids Opened 15 April 1977 Edina City Hall 11:00 A.M. The undersigned has examined the contract documents, including the advertisement for bids, general contract conditions and detailed specifications on file in the office of the City Clerk, and hereby proposes to furnish the following, in accordance with the contract documents for the prices listed below: One (1) Tractor and-7-gang hydraulic lift mowers Please submit with bid a detailed brochure illus- trating the equipment cited in the bid. Please include ..a. photograph of the equipment _ if equipment is not pictured in the brochure. TOTAL COST TO CITY No bids will be considered unless sealed and accompanied by cash deposit, bid bond, or certified check payable to the City of Edina in the amount of not less than ten percent (10%) of amount of net bid. Bids may not be withdrawn until 45 days after the bids are opened. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. Authorized Signature Firm Name Title Telephone. Address City State Zip CITY OF EDINA PROPOSAL Edina City Council City of Edina Edina, Minnesota 55424 Gentlemen: Bids Opened 1$ April 1977 Edina City Hall 11:00 A.M. The undersigned has examined the contract documents, including the advertisement for bids, general contract conditions and detailed specifications on file in the office of the City Clerk, and hereby proposes to furnish the following, in accordance with the contract documents for the prices listed below: One (1) Tractor and-7-gang hydraulic lift mowers Please submit with bid a detailed brochure illus- trating the equipment cited in the bid. Please include a photograph of the equipment _ if equipment is not pictured in the brochure. TOTAL COST TO CITY No bids will be considered unless sealed and accompanied by cash deposit, bid bond, or certified check payable to the City of Edina in the amount of not less than ten percent (10%) of amount of net bid. Bids may not be withdrawn until 45 days after the bids are opened. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. Authorized Signature Title Telephone Firm Name Address City State Zip • CITY OF EDINA INSTRUCTIONS TO BIDDERS 1. Bids are to be securely sealed, labeled TRACTOR AND 7_- GANG-HYDRAULIC LIFT MOWERS and delivered to the office of the City Clerk, 4801 W. 50th Street, Edina, Minnesota 55424, no later than 11:00 a.m., Friday. , ,15 April 1977 : at which time they will be opened and publicly read In the Council Chambers, Edina City Hall. 2. Each bid must be accompanied by a cash deposit, bid bond, certified or cashier's check, payable to the City of Edina, in an amount equal to at least ten (10) percent of the total net bid. 3. All bids must be submitted on the attached proposal form, a copy of which is for the bidder's file. 4. The City is exempt from all Federal Excise Tax and Federal Transpor- taion Tax and will execute a Tax Exemption Certificate. ..The City is also exempt from the State Sales Tax. Do Not Include Any of These Taxes in the Bid. 5. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. Bids may not be withdrawn until 45 days after the bids are opened. OTHER TERMS, CONDITIONS AND INSTRUCTIONS TO THE SPECIFICATIONS j. CONSIDERATION OF PROPOSAL: The bidder shall submit his proposal on the form furnished by the City of Edina. a) The City reserves the right to accept or reject any or all bids or any part of any bid, to waive minor defects or technicalities, or to advertise for new bids, as it may deem best for it's interest. b) The City of Edina shall hereinafter be referred to as the City. �) The bid shall be in ink or typed. Prices submitted in the proposal by the bidder for a particular identified City department shall be construed as prices, sub- mitted for all City departments using like items. d) In case of difference between written words and figures in a proposal, the amount stated in written words shall govern. e) In case of unit price difference from extended figure, the unit price shall govern. f) Alterations or erasures must be crossed out and the corrections thereof printed in ink or typewritten adjacent thereto. The corrections must be initialed in ink by each person signing the proposal. g) All bids must comply with and not deviate from the provisions of the specifications and /or other bid or contract documents if any. h) Revisions or interpretations made by the City shall be by addendum issued prior to the date set for bid opening. 1) Changes to the proposal may be cause for rejection of said proposal. 2. EXECUTION OF CONTRACT: The successful bidder(s) are required to execute a contract, once the City has sent written notice of award. The contract shall be signed by the successful bidder(s) and returned, together with any required bonds, within ten (10) days after the forms have been mailed to the bidder. Upon failure of the successful bidder(s), within the time allotted to. execute the.cont.racts, furnish.an acceptable bond, or comply with any other requirements imposed precedent to approval of the contract, the bid deposit requested in the- calI for bids shall be forfeited to the City, not as a penalty, but as liquidated damages. a) By submitting a bid, bidder agrees that said liquidated damages shall cover only the damages sustained by the City from additional administrative costs, expenses of readvertising and rebidding, and other damages sustained by the City as a result of failure of the successful bidder(s) to execute a written contract and a performance bond when so required, but shall not cover, nor preclude the City from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the City to fulfill other contracts, loss of other benefits of this contract, or other damages direct or consequently arising out of breach of the contract or failure to perform same by the successful bidder(s)'. 3. WITHHOLDING: On any contract requiring the employment of employees for wages by the bidder., final settlement shall not be made-until satisfactory showing 'is made of a certificate completed by the Commissioner of Taxation (State of Minnesota, Department of Taxation, Form 134) indicating compliance with the provisions of Section 290.92. 4.. TIME FOR RECEIVING BIDS: Bids received prior to the time of opening will be.securely kept unopened. The officer whose duty it is to open them will decide when the specified time has arrived and no bid received thereafter will be considered. Bids received after the time set for opening will be returned to the bidder unopened. No responsi- bility will be attached to an officer for the premature opening of a bid not properly addressed and identified. a) Bidders are cautioned that, while telegraphic modifications of bids may be received as hereinafter provided, such modifi- cations, if not explicit and if i.n any sense subject to misinterpretation, shall make the bid so modified or amended subject to rejections. Bidders should secure correct information relative to the probable time of arrival and distribution of mail at the place where the bids are to be opened. Other terms, conditions and Instructions to the specifications Page,'two 5. WITHDRAWAL OF BIDS: The.City shall not physically release or return to the bidder any bid for the purpose of modification, withdrawal or any other purpose whatsoever unti I after the bids are officially opened and acknowledged. and no bid may be with - .drawn for a period of forty -five (45) days from the official opening thereof, and then only by written notification directed to the Director of Finance and no pre- notification on proposal shall be construant as complying with this requirement. a) Delivered bids may be modified or withdrawn by written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation of any telegraphic modification or withdrawal over the signature of the bidder is placed in the mail and postmarked and acknowledged by signed receipt thereof, prior to the time set for bid opening; provided further, that any telegraphic requests should not reveal the amount of the original or revised bid; provided further, any written request or written confi�rmati!on must be s- i,gned in the same manner by the same person who signed the.proposal. b) All bids shall be held firm until the award has been made. 6. BIDDER'S EXPERIENCE: Prior to the award of the Contract, the apparent low bidder, if requested by the Director of Finance shall furnish to him current information and data regarding the bidder's financial resources and organization within five (5) working days. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall.furnish the City all such information and data for this purpose as the City may request. The .right is reserved to reject the bid where the available evidence or information does not satisfy, the City that the bidder is qualified to carry out properly the terms of this contract. The expertise of the vendor in the particular field of endeaver must . be demonstrated and docemented to the full,sat.isfaction . of the City. 7. BID GUARANTEE: Bid Guarantee in the form of a cash Bid Bond, Certified Check or Cashier's Clack shall be made payable to the order of the City of Edina. Personal checks cannot be accepted. The Bid Guarantee shall insure the execution of the :.,Contract and the furnishing of a performance bond by the successful bidder(s) . The bid'nust be accompanied by a Bid Guarantee which wi11 not be less than ten percent (10 %) of the amount of the bid and at the option of the bidder, may a certified check,: cashier's check or a bid bond secured by a corporation authorized to contract as a surety in the State of Minnesota. No bid will be considered unless it is so guaranteed. Revised bids, whether forwarded by mail or telegram, if representing an increase of the original-bid, must have the bid guarantee adjusted according, and in the case of a revision by telegram the envelope containing the adjusted bid deposit must be postmarked prior to the time set for the opening of bids; otherwise the revision of the bid will no,_ be considered and the original bid shall remain in force. The bid deposit except those of the two latest bidders will 'be returned after. the executed contract and required bond have been finally approved by the City. 8. EXCISE TAXES: Instrumentalities of the State of Minnesota are.not subject to Federal Excise Taxes. Individual certificates will be furnished on request .if needed by the contractor to reclaim for himself, such charges. 9. MINNESOTA STATE SALES TAX EXEMPTION: Instrumentalities of the State of Minnesota are not subject to the State of Minnesota Sales Tax. Pursuant to Minnesota Laws of 1967, Extra Session, Chapter 32, Article Xlll, Section 25 (which deals with exemptions), Subd. 1. Para. (J) provides specific exemption from taxes imposed by Article Xlll as foIIows: "The gross receipts from all sales of tangible personal property to, and all storage use or consumption of.such property by, the.United States and its agencies and instrumentalities of the State of Minnesota and its agencies, instrumentalities and political subdivisions." 10. COLLU51ON OF BIDDERS: Collusion between bidders is cause for rejection of all bids of bidders thus involvcd. Other terms, conditions and instructions to the specifications Page three 11. GUARANTEE: The successful bidder(s) further agree (s) to guarantee all materials and parts bid and supplies against inferiority as to specifications, such guarantee to be unconditional. Failure or neglect of the Finance Director to require compiiance with any term or condition of the contract or specifications shall not be deemed a waiver of such term or condition. 12. DELIVERY: Cost of delivery to the location of said materials and supplies is included in said prices and delivery shall be made only as called for on duly signed Purchase Orders or Releases referring to the contract and issued by the Purchasing Department of the City. It is understood that the City shall be under no obligation for payment for any supplies or material except on the basis of said Orders or Releases duly-signed and.issued. In addition, the successful bidder(s) shall not be held responsi- ble for damages caused by delay or failure to.perform or defaults caused by public carriers, or acts or demands of the Government in time of war or national emergency. Deliveries shall be made inside where applicable and when so directed. 13. LEGAL RIGHTS OF MATERIAL: The successful bi'iider(s) hereby guarantee that they will have full legal right of material delivered under this agreement, and agre-e(s) to pay all rents and royalties of every description on any and all patents or patent rights covering said material, or covering any process or machinery used in its construction and agree(s) to indemnify and save the City entirely harmless from any and all claims, demands, damages, actions, or causes of action, arising,-or to arise, against said City by reason of the construction or delivery of said material, or the use of any process, machinery or material in the construction of same. 14. PAYMENT: The City hereby agrees, in consideration of the covenants and agreements specified to be kept and performed by the successful bidder(s), to pay to the successful bidder(s) when the terms and conditions of the contract and specifications have been fully completed and fulfilled on the part of the bidder(s) to the satisfaction of the City, the sum of the contract price. If said amount i•s indicated to be an estimate, the estimate will be based on experience and no representation as to quantity shall be construed therefrom. No guarantee of minimum or maximum quantity or amount is either made or implied. The City shall neither be compelled to order any quantity or any item nor limited in the total quantity ordered on any item unless so specified. In addition, in case the successful bidder(s) shall proceed properly to perform and complete the terms and conditions of the specifications and contract, the Finance Director of the City at his discretion, from time to time as deliveries are made, grant to the success ful bidder(s) an estimate of the amount already earned, which shall entitle the holder thereof to receive the amount due thereon, when the condition, if any annexed to such estimate shall. have been complied with. The granting of such estimate shall not be construed as an acceptance of the materials or any protion thereof. No increase above said bid price will be allovied to the successful. bidder(s) during the term of the con- tract unless and except as provided by the specifications. Payment under the contract will be made in the canner provided by law for payment of claims against the Purchasors. 15. AFFIRMATIVE ACTION POLICY STATEMENT: In accordance with City of Edina Affirmative Action Policy and the City Council's policies against discrimination, no person shall, on grounds of race, color, religion, age, sex, disability, marital' status, sexual orientation, public assistance status, exoffender status, or National Origin, be exclude: from full employment rights in, participation in, be denied the benefits of, or be other- wise subjected to discrimination under any program, service or activity under the pro- visions of any and all applicable Federal and State laws against discrimination. The Contractor will furnish all information and reports required by the City of Edina or by Executive Order Igo. 11246 and Revised Order No. 4, and by the rules and regulations and order of the the Secretary of Labor for purposes of investigation to ascertain compl..iance with such rules., regula- t_ions and orders. CITY =OF ED114A SPEC] F I CAT I ONS FOR' TRACTOR AND 7 -GANG HYDRAULIC LIFT MOWERS GENERAL: These specifications cover the requirements for one new tractor and 7-gang hydraulic lift mower unit. It shall be a currently advertised 1977 model complete and ready for service. The vehicle shall be equipped with all standard equipment as currently advertised, by the manufacturer, whether or . not specifically covered in these specifications,in addition to all equip- ment called for herein. .ENGINE: Heavy - duty,not less than 78 H.P. @ 2,800 R.P.M. Torque - -- 189 ft. lbs. @ 1,500 R.P.M. COOLING: Centrifugal type circulating pump, full length water jacket, 16 in. diameter fan, coolant capacity 15 qt. minimum. FUEL: Gasoline, 13 gallon minimum capacity. AIR CLEANER: Oil bath, Heavy- duty. Must protect engine in dusty conditions. OIL FILTER: Full - flow, replaceable type. BATTERY: 12-volt heavy -duty. SELF - STARTER: Electric Ivey start. TRANSMISSION: Heavy -duty with four (4) speeds forward, one (1) speed reverse. Minimum transport speed to be 30 H.P.H. CLUTCH: Not less than 10 in. diameter. DRIVE AXLE: Dana 212 ton truck type.with spiral bevel gears -- 6.17 to 1 reduction. Load capacity 5,000 lbs. - -- rated torque output 5,500 ft. lbs. STEERING AXLE: Heavy -duty, pivot-mounted. BRAKES: Foot --- Hydraulic, automotive brakes on drive wheels, Size --- 12 x 21, mechanical parking brake must be standard. WHEELS & TIRES: 9.50 x.14, 6-.ply rib tread. Drive 12.00 x 16.5 high floatation, 8 -ply all tires to be semi pneumatic. TURNING RADIUS: Not to exceed 9 ft..inside circle. WIDTH OF TRANSPORT POSITION: Not to exceed approx. 8 ft. DRAW BAR: Close coupler pin -type, convertible to ball -type coupler. LIGHTS: Dual single beam headlights to be mounted on front hood. OPERATOR'S SEAT: Must be adjustable to compensate for height and weight of operator,. cushioned scat and back rest. ROP: Roll Over Protection structure that meets OSHA regulations. it SPECIFICATIONS CUTTING BLADES: Must be comprised of a six (6) blade roll, 7 gang mower capable of a 1$ ft. cutting width. HYDRAULIC SYSTE14: Engine - driven hydraulic pump, valves must control raising and lowering mowers entirely from operators seat. dust be designed to lift and transport seven (7) mowing units, when lifted mowers must afFord enough ground clearance to cross over curbs or obstacles. Certain Manufacturers items have been called for in these specifications, however, the City of Edina will accept any comparable items that meet the intent of the specifications. If there are questionable items the City staff should be contacted for clarification. However, a comparable or equal item will. be considered. (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FORBIDS CIVIL.DEFENSE WARNING SIREN BIDS CLOSE 11:00 A.M., WEDNESDAY, MARCH 30, 1977 SEALED BIDS.will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at. 11:00 a.m., Wednesday, March 30, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, April 4, 1977, at the Edina City Hall to consider bids being for the following: Acquisition and Installation of a Civil Defense Warning. Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. B ?ds should. be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission,. after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond.or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all or any part of any bid, and will accept the bid that is deemed to be in the_best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Please publish in the Edina Sun on March 9, 1977• Please send us two Affidavits of Publication. CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS CIVIL DEFENSE WARNING SIREN BIDS CLOSE 11:00 A.M., WEDNESDAY, MARCH 30, 1977 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Wednesday, March 30, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, April 4, 1977, at the Edina. City Hall to consider bids being for the following: Acquisition and Installation of a Civil Defense Warning Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Please publish in the Construction Bulletin on March 10, 1977. Please send us two Affidavits of Publication. February 17, 1977 M E M O R A N D U M TO: Warren C. Hyde City Manager FROM: Bert Merfeld SUBJECT: Civil Defense Warning System On February 16, 1977, the City of Edina requested bids for the acquisition and installation of a civil defense warning system to be located at one of the following locations: Northeast corner of the intersection of Gleason Road and Creek Valley Road, or 150 feet south of water tower in Creek Valley Park. Both sites are identified by stakes. Determination to be made at time of bid award. The bids we received on that date were considerably higher than our estimated cost and the amount that had been budgeted for this warning system. (See j attached tabulation of bids.) 1977 Budget Proposal dated 7/19/76: Estimated cost of purchase and installation of a 10 HP air j warning system at this time is $7,500.00. Under a matching fund program, the $7,500.00 would be funded as follows: Federal Civil Defense - $3,750.00 State Civil Defense - $1,875.00 Edina Civil Defense - $1,875.00 Bids were also considerably higher than those received by the City of Eden Prairie in a recent siren installation in that city during 1976. Apparently, the higher bids were caused by NSP quoting estimated charges of $3,450.00 for electrical service. In checking with NSP officials, I was told these charges could be reduced substantially if we changed the location of the siren by a few hundred feet and /or that we do some of the electrical service work. I would, therefore, recommend that we reject all bids received on February 16, 1977, and re- advertise after a new siren location site has been selected and a determination is made as to how much of the electrical service work can be done by the City electrician. BER FELD CHIEF OF POLICE Attachment ` CITY OF EDINA TABULATION OF BIDS CIVIL DEFENSE SIREN AIR WARNING SYSTEM Bids Opened 11:00 A.M., February 16, 1977 Edina City Hall The following four (4) bids were received: 1. Weber and Troseth, Inc. 1902 University Avenue St. Paul, Minnesota 55104 Item I. One (1) Civil Defense Siren complete with controls. 5,089.92 Federal Signal Corp. Model #1000AT $ Item II. Installation -- no bid submitted. 2. Electric Service Company 1609 Chicago Avenue Minneapolis, Minnesota 55404 Item I. One (1) Civil Defense Siren complete with controls. ACA Allertor 125 with Starter 4,623.00 (Alerting Communicators of America) $ Item II. Installation $ 4,734.00 Total (Items I and II) $ 9,357.00 (NOTE: To omit NSP charges, deduct $3,450.00.) 3. Batzli Electric Company 1807 South First Street Minneapolis, Minnesota 55404 Item I. One (1) Civil Defense Siren complete with controls. Federal Signal Corp. Model #1000AT $12,235.00 for the lump sum of: 4. Lehn Electric 214 East Main Street Anoka, Minnesota 55303 Item I. One (1) Civil Defense Siren complete with Federal Signal controls. Corp. Model #1000AT $ 5,289,00 Item II. Installation: A. At Creek Valley & Gleason $ $ 4,923.00 B. At Water Tower Combined Bids I and II: B. At Water &Gleason $10,212.00 Tower f RESOLUTION City' ®f 'd 4601 WEST FIFTIETH STREET EDINA, MINNESOTA 97424 927_8861 WHEREAS, the following described property is at present -a single tract of land: Lot 25 and the South 35 feet of Lot 26, MORNINGSIDE, accordin,g.to the plat .thereof on file and of record in the office of the Register of Titles, ..Hennepin County, Minnesota; and WHEREAS, the owner of the above tract of land desires to subdivide said tract into the .following new and separate parcels (hereinafter called, "Parcels"): Lot 25 and the South 35 feet of Lot .26, MORNINGSIDE, except the West 100 feet thereof, accofding to the plat .thereof on file and of record in the office of the Register of Titles of Hennepin County, Minnesota; and The West 100 feet of Lot 25 and the West 100 feet of the-South 35 feet of Lot 26, MORNINGSIDE, according to the plat thereof on file and of record in the office of the Register of Titles of Hennepin County, Minnesota; and WHEREAS, it has been determined that compi-iance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811;— - — — — NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels _as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to, allow said division and conveyance thereof as .separate tracts of land.but are not - waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further -- subdivision be made of said Parcels unless made: incompliance with..the pertin- ent. ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ADOPTED this.28th day of February, 1977. ._STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS _CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached- and foregoing resolution was .duly adopted by the Edina City Council at its regular, meeting of February 28, 1977, and as recorded in the minutes of said regular meeting. 11 NESS my hand and seal of said City this 8th day of March, 1977. City Clerk CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS CIVIL DEFENSE WARNING SIREN BIDS CLOSE 11:00 A.M., WEDNESDAY, FEBRUARY 16, 1977 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Wednesday, February 16, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, February 21& 1977, at z �� the Edina City Hall to consider bids being for the following: Acquisition and Installation of a Civil Defense Warning Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submittzd personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. j BY ORDER OF THE EDINA CITY COUNCIL I io Florence B. Hallberg City Clerk Please publish in the Construction Bulletin on February 4, 1977. Please send us two Affidavits of Publication. a (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS CIVIL DEFENSE WARNING SIREN BIDS CLOSE 11:00 A.M., WEDNESDAY, FEBRUARY 16, 1977 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Wednesday, February 16, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, February 28, 1977, at' the Edina City Hall to consider bids being for the following: Acquisition and Installation of a Civil Defense Warning Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitt-d personally to the City Clerk. Blds received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10)_ percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Please publish in the Edina Sun on February 2, 1977. Please send us two Affidavits of Publication. 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota SS. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice' president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post - office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for Bids 'hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Orie successive weeks; that it was first so published o*+ Wed the 2 day of February, 19= and was thereafter printed and published on every to and including the day of , 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abedefghijklmnopgrstuvwxyz Subscribed and sworn to before me thin 2 day of February 19-27 � � A � `��41b'1➢ NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Comm. Expires July 28, 1978 v ■ fI , I� :(Official Publication) ' , CITY OF EDINA • 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS CIVIL;DEFENSE WARNING SIREN BIDS CLOSE 11:00 A.M.; 'WEDNESDAY, FEBRUARY 16; 1977 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Wednesday, February 76, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, Feb - ,ruary 28, 1977, at the Edina City Hall to consider bids being for the follow - Jug: . Acquisition and Installation of a Civil Defense Warning. Siren and Controls Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W" 50th Street; Edina, Minnesota 55424, and may mailed or submitted personally to the City Clerk. Bids received by the City .Clerk, either through the mail or by 'personal submission, after the time set for receiving them -may'be re. .turned unopened. Bids must be in conformance with specifications which are available at the Edina. City Hall! No bids'will.be considered' unless sealed and accom- panied by cash deposit, bid, bond or certified check payable to, the City of Edina<in; the }amount of at °least ten (10) percent of amoun, t of 64 bid. The Cfty Coundil rtserves the right to re- . bect any or all bids or any part of any id,-and will accept the _'id, that is d' in be ijjhe best - Interest of the City: r BY ORDER OF THE EDINA CITY COUNCIL FLORENCE B. HALLBERG City Clerk (Feb. 2; 1977) —ED -2A Iy - i r' 1 File -,-No. Affidavit of Publication l- A EDINA SUN Edina, Minnesota In The Matter Of c SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota SS. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post - office. (5) Said newspaper purports to serve the 'City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for Bids hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was fast so published on Wed the 2 day of February 19= and was thereafter printed and published on every to and including the day of , 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me this 2 day of February . 19 77 0�- 7 MURIEL t. QUI NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Comm. Expires July 28, 1978 wvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv x R 1 I Ii (Official Publication)' CITY,OF EDINA ; 4801 W.'WTH STREET EDINA; MINNESOTA 65421 ADVERTISEMENT FOR BIDS r ,� DEFENSE�, " WARMNG SIREN.:. BIDS;CLOSE 11 :00'A.M:, WEDNESDAY, FEBRUARY 16,,1977 SEALED BIDS.will be received and oppeened in' the 'Council Chambers; Edina City;Hall, 4801 W. 50th, Street, at 11:00 a.m., Wednesday, February 16, 1977, and tli E- a City;Council will meet at 7:00 p.m., Monday, Feb - ntary -28, 1977; at`the Edina City. Hall to consider bids being for the' follow - ing t , V, y . Acquisition and Installation ,of ;a Civil;, Defebde'- Waminj'Slierr and Controls.,. Bidsi shall be sealed,:envelopp�e- with a statement•Vitreonshowuig .e items covered bylthe bid. Bidi,shiulil be.a¢dreised !(Mbe.City Clet;k, City of Clerk; either-through the mail or by personal'submis § fon, after. theitfine I set for receiving- them ma re ; I- turned un*iin d y' k !7 Bids must be in conformatnde y6tj> gecifications "which are available at e Edina City Flall' No bids Will 'be considered unless sealed and accom- f paned by cash,,deposit, liid�bond'or; ! certified check payable to ihe:Cityy f •Edina in thelamount of d least`t(en (10) percent of amount of q " et bId The City Cuuocilii�esecves the tight to;re- L- .bect any or all bids or any part of any id, and will,accept the bid di #t is deemed to be44Q the best4iiiiast of the City. BY ORDER OF THE,EDINA CITY (, COUNCIL FLORENCE B. HALLBERG I City Clerk , - - (Feb. 2, 1977) —ED -2A Affidavit of Publication i EDINA SUN Edina, Minnesota In The Matter Of i File No. Affidavit of Publication i EDINA SUN Edina, Minnesota In The Matter Of TABULATION OF BIDS CITY OF EDINA, MINNESOTA SUBMERSIBLE ELECTRIC MOTOR AND CABLE Bids Opened April 13, 1977 - 11:00 a.m. -BIDDER MOTOR CABLE Layne - Minnesota $9,315.00. $2,760.00 Bergerson - Caswell $9,890.00 $3,243.00 .United Electric Corporation - - -- $2,732.40 .Electric Motor Supply Company.. Low cable bid does not meet specifications. Assembly will not be guaranteed by Layne- Minnesota if another cable'su plier is used. Recommend award of motor and cable to Layne - Minnesota at 12,075.00.�� --�L� Robert C. Dunn, P.E. (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SUBMERSIBLE ELECTRIC MOTOR AND CABLE BIDS CLOSE WEDNESDAY, APRIL 13, 1977 SEALED BIDS will be received and opened in the Large Conference Room, Edina City Hall, 4801 West 50th Street, at 11:00 a.m., Wednesday, April 13, 1977, and the Edina City Council will meet at 7:00 p.m., Monday, April 18, 1977, at the City Hall to consider bids for the following: Submersible Electric Motor and Cable Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 West 50th Street, Edina, Minnesota, 55424, and may be mailed or submitted personally to the City Engineer. Bids received by the City Engineer, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. The City Council reserves the right to reject any or all bids or any part of any bid. BY ORDER OF THE CITY COUNCIL. Florence B. Hallberg City Clerk SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. State of Minnesota County of Hennepin s5. Bloomington, Minnesota J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has. been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 % of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any. other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post - office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such. regular business hours and devoted exclusively during such regular business hours and it which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for Bids hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; . that it was first so published on Wed the 30 day of March­ 19= and was thereafter printed and published on every to and including the day of , 19— and that the following is a printed copy, of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abedefghijkimnopgrstuvwxyz a Subscribed and sworn to before me this 30 day IN X ANNE M. WALLIN �\•• NOTARY PUBLIC - A±INNESOTA HENNEPIN COUNTY My Comm. Expires June 17, 1982 VWVV,W o March 19_Z7 (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS.' SUBMERSIBLE•;' ',ELECTRIC MOTOR AND CABLE:' . BIDS CLOSE WF,[&SDAY, APRIL . t_ . Jkl'.1,. , SEALED +BEDS will be recetUed;and opened: iri ttip_; a. rga Conference Room`, Ediria bty-Hall, 4801 West 50th Streeti'at 11;00- W'&.,- Wednesday, April:yl3,'Ara"�"�nd -the �Edina City Council Ni11;rt1BFt gt,7i00 p.m., Mon- day, ApriliB , .7 atthe City Hall to consid flowing: Su 'e i `e Motor -and Cable- ' 1 �d envelope :with showing the items covered by the t Is should be- addressed do th City Engineer, Gi dina,.980I esl th Street, Edina sota, d maybe mdilea;4 ubm' nally;to the City E i1 r.. sewed by the City I En' eer,° i er rough the . mail or'by per .aE. bmission; after. ,�e tmelset fon eceiving them', may ?be returoelf iuio ned. ' .Bid1krmAt. b, " i bnformance with w. specjficatibns'iWhidi�'&e available at . the Edina CltyHall,; The City Council -. reserves the.right to reject any all bids or any part of any bid. BY ORDER OF. THE EDINA CITY COUNCIL.:; . FLORENCE B. HALLBERG, ' City Clerk (March -30, 1977) —ED-- - - (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SUBMERSIBLE .. ELECTRIC MOTOR AND CABLE BIDS CLOSE WEDNESDAY, APRIL, 13, 1977 SEALED BIDS will be received and opened in the Large Conference Room, Edina City Hall, 4801 West 50th Street, at 11:00 a.m., Wednesday, April 13, 1977, and the Edina City - Council will meet at 7:00 p.m., Mon- day; April 18, 1977, at the City Hall'to consider bids for the following: ' Submersible Electric Motor and Cable Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 West 50th Street, Edina, Minnesota, 55424, and maybe . mailed or submitted personally to the l City Engineer. Bids received by the !I City Engineer, either, through the mail or by personal sJbmission, after re the time set for receiving them may be returned unopened. . Bids muit be in conformance with specifications which are.available at the Edina City Hall: The City Council reserves'the right to reject any or all bids or any. part of any bid. f BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG, City Clerk'" ` (March 30,'1977) —ED File No. Affidgvif_' of Publication EDINA SUN Edina, Minnesota In The Matter Of SUN NEwsPAPEI1S AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota SS. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to• serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post - office. (5) . Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bl'oomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. • (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for Bids hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was first so published on wed the 30 day of March— 19_n and was thereafter printed and published on every to and including the day of , 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice; to -wit: abcdefghij klmnopgrst uvwx yz Subscribed and sworn to before me this 30 day of March 19_Z7 x � ANNE M. WALLIN — NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Comm. Expires June 17, 1982 Is VVVVVVVVVVVVVVVVVVWVVVVVVVVVVVVVV s (Official Pubticadon),) CITY OF EDINA HENNEPINCOUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SUBMERSIBLE ELECTRIC MOTOR AND CABLE BIDS CLOSE WEDNESDAY, APRIL 13, 1977 . SEALED BIDS will be received and opened in the Large Conference • Room, Edina.City Hall,'; 4801' West 50th Street, at - 11,;00a.m:r, Wednesday,., Apri1;13, 1977;'and the -Ed�i�t�Q City Council will'ineebat 7:00 ppsrf:�'lG�oi- .day, April 18,1977; at the CYyZ W140, . consider bids for the 'followind':, Cable Electric 1Mbto , Bids shall be id`a 'sedlo I with astatement thei;ebnsbo6vi items covered by the bid.Bidsshould .--be adjlrested _to, the City Engi r, Cit a XdItia; 4801!Wester °Str t, f - All'tlnesota, 55424;'W a be btiti • 'pe�spn y the City r eiv . the I • , Cit eer, r i mail br'tiy _ bm th'e, tube for,f eiving ! be re4urne.vno Btdg�nugt ednforttSati�ea itlt specificrations' which are' availabl'e•at the Edina City Hall. The City.Coune l reserves the right to reject any or all bids or any part of any bid. . BY ORDER OF THE EDINA, CITY " COUNCIL. FLORENCE B. HALLBERG, City Clerk ( March 30,1977) —ED: File No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of e -- Clerk,`eitherali� the mail or by personal - slibmt sior�! after ttie' time set forA*peivip ibm .mad+ be re- turned uno Bids must 1) ance with - State of Minnesota ) specifications which are av5ilible at } ss. the Edtr0"4hft. will be' County of Hennepin ) considered unles rep%os , d- accom- panied byca&h t, bdNbond or certified check �the•City of Edina in -this amount V at teastAen (10) percent of'amount of net bid: The City Council reserves the right to re- ject any or all bids or any part of any J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated bid, and will accept the bid that is has been the vice president, and printer of the newspaper known as The Edina Sun and deemed to.be in the'best interest of the City. has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the BY.ORDER OF THE EDINA CITY' - English language in newspaper format and in column and sheet form equivalent in printed COUNCIL. space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least FLORENCE'B'. HALLBERG, once each week. (3) Said newspaper has 50% of its news columns devoted to news of local City Clerk (March 30, 1977) —ED=2A interest to the community which it purports to serve and does not wholly duplicate any other I publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post - office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the• managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available) at single or subscription prices to any person, 'corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates lof publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each .January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for Bids hereto attached as a part hereof was cut from the columns of said neiwspaper, and was printed and published therein in the English language, once each week, for Uflt; successive weeks; that it was first so published on Wed the 30 day of March­ 197 and was thereafter printed and published on every ! to and including the day of 19— and that the following is a printed copy -" of'the lower' case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me Chia 30 day Of March , 19= lLF22J ^�G� >t ANNE M. rFUR', HENNEPIq WALLIN NOTARY PUBLIC - MINNESOTA COUNTY WY "nlm. Expires rune 17. 1 nRy (Official Publication) CITY OF EDINA , 4801 W. 5M STREET ' EDINA, MINNESOTA 55424. ,ADVERTISEMENT'FORBIDS ' CIVIL DEFENSE WARNING SIREN _ BIDS CLOSE 11: 00 A.M:, j THURSDAY, APRIL 14, 197r SEALED BIDS will be received and SUN NEWSPAPERS 0 opened i the Council Chambers, Edina Cify Hall, 4801 W. 50th Street, ' April 14, at 11:00 a.m.'. Thursday, 1977, and the Edina City Counell'will meet at 7:110 p.m., Monday, April 18, AFFIDAVIT OF PUBLICATION 1977, at the Edina City Hall in con- o Sider bids being forthe following: Acquisition'and Installationlof a E ' + D I NA SUN (I Civil Defense Warning Siren ands Controls Bids shall be in a sealed envelope with a statement thereon showing the. items covered by the bid. Bids should 1 be addressed to the City Clerk, City of ' Bloomington, Minnesota ' Edina; 4801 W. 50th, Street, Edina, Minnesota be. mailed . 6601 W. 78th St. ^55424 _and'may Clerk,`eitherali� the mail or by personal - slibmt sior�! after ttie' time set forA*peivip ibm .mad+ be re- turned uno Bids must 1) ance with - State of Minnesota ) specifications which are av5ilible at } ss. the Edtr0"4hft. will be' County of Hennepin ) considered unles rep%os , d- accom- panied byca&h t, bdNbond or certified check �the•City of Edina in -this amount V at teastAen (10) percent of'amount of net bid: The City Council reserves the right to re- ject any or all bids or any part of any J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated bid, and will accept the bid that is has been the vice president, and printer of the newspaper known as The Edina Sun and deemed to.be in the'best interest of the City. has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the BY.ORDER OF THE EDINA CITY' - English language in newspaper format and in column and sheet form equivalent in printed COUNCIL. space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least FLORENCE'B'. HALLBERG, once each week. (3) Said newspaper has 50% of its news columns devoted to news of local City Clerk (March 30, 1977) —ED=2A interest to the community which it purports to serve and does not wholly duplicate any other I publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post - office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the• managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available) at single or subscription prices to any person, 'corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates lof publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each .January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for Bids hereto attached as a part hereof was cut from the columns of said neiwspaper, and was printed and published therein in the English language, once each week, for Uflt; successive weeks; that it was first so published on Wed the 30 day of March­ 197 and was thereafter printed and published on every ! to and including the day of 19— and that the following is a printed copy -" of'the lower' case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me Chia 30 day Of March , 19= lLF22J ^�G� >t ANNE M. rFUR', HENNEPIq WALLIN NOTARY PUBLIC - MINNESOTA COUNTY WY "nlm. Expires rune 17. 1 nRy File No. Affidavit of Publication EDINA SUN Edina, Minnesota ✓ In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota sS. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a • weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns &voted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post - office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and 'sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for Bids hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks; that it was first so published or, Wed the 30 day of March—, 19 _17 and was thereafter printed and published on every to and including the day of , 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and .publication of said notice, to -wit: a bcdef g hi j k Im n opq rst u vwx yz Subscribed and sworn to before me thin 30 day of March , 19 77 rs ANNE M. WALLIN NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Comm. Expires June 17, 1982 Y VVVVVVV\fv VVvvvvw ( Official, Publication ) CITY OI�.;EDINA 4801 W. SOTiI STREET 'EDINA, , MlNN$SOTA 55424 . ADVERTISE1NENT-FOR. BIDS- CIVIL DEFENSE WARNINGSIREN., _ BIDS CLOSE 11:00•A.M., THURSDAY, APRIL 14, 1977 SEALED BIDS will be received and . opened in the Council . Chambers, i Edina City Hall, 4801 W -.50th Street, at .11:00 a.m., Thursday, April 14, . 1977, and the Edina City Council ;will meet at 7:00 p.m., Monday, April 18, 1977, at the -Edina City' Hall'to eon - sider bids being for the following:.. Acquisition and Installation of a Civil Defense'Warning Siren and. Controls ' Bids shall, be ln.a'sealed envelope. with a statement thereon showing the items covered by the bid. Bids should •; be addressed to the City Clerk, City of Edina, 4801 W.; 50th Street, Edina, Minnesota 55424; and-may be. mailed or submitted personilly;•to,tfie, City ' Clerk.I'ids received by., the City Clerk „either through the mail or by persopalAiibmissi6n, after the time, . set (ok4loeivmg,them may be re turned unope . Bids ormance with soef;ifications which are available at . censid ' ed pnles_ s ed'and accom- paned by cesA posit,' bidbond 6r certified' &eckayable to the City of Edina in::ihe ainounVof at least ten (10) pereent of atiiount of.net bid. The City Counci�.reserves, the right to re -, ject'any or all.bids or any ppart of any bid', and •will accept.the bid'that is deemed to.be.in the.best interest of . the City.' BY ORDER OF THE EDINA CITY COUNCIL. j FLORENCE B. HALLBERG, i City Clerk, i (March 30, 1977j- ED, -2A' , File No. Affidavit -of Publication EDINA SUN Edina, Minnesota In The Matter Of e� aP-40", d ac. MEMORANDUM TO: Mayor and City Council FROM: J. N. Dalen, Finance Director DATE: April 14, 1977 RE: Market Value of Attached Exhibit A I have made a complete review of the appraisals and committee report for the attached identified property for the purpose of recommending a Fair Market Value of the subject property and to establish a reasonable acquisition price. I would recommend confirmation of the appraised price of $84,000. JND:nr L RESOLUTION ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZATION TO MAKE OFFERS FOR ACQUISITION WHEREAS, the City of Edina is required by the Secretary of HUD to certify the existence of certain facts and issue certain proclaims in connection with the City's use of Community Development funds; and WHEREAS, the City of Edina, through its staff, has received an appraisal, received the recommendation of the appraisal review com- mittee, and the recommendation of the Finance Director for the parcel on the attached Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the Edina City Council: 1. That the recommendation of the Finance Director is hereby adopted. 2. That the identity of the above - referenced parcel is certified to be accurate and the fair market value is $84,000 and is hereby adopted. 3. That the appraiser's report, Appraisal Review Committee's report, and the Finance Director's recommendation as well as all other pertinent information regarding the value of the above - referenced acqui- sition be kept on record in the Planning Department. 4. That the City Manager is hereby authorized to acquire the subject properties by purchase, donation, or proceedings in eminent domain, if necessary. t EXHIBIT A All that part of the South Half of Lot 35, Auditor's Subdivision Number 172, Hennepin County, Minnesota, according to the recorded plat thereof, lying West of the East 13 feet thereof, except that part thereof lying South of a line drawn parallel with and 126.0 feet North of the South line of said Lot 35 and except that part of the Westerly 74.20 feet thereof lying South of a line drawn parallel with and 160.30 feet North of the South line of said Lot 35. Also, all that part of the East 22 feet of the South Half of Lot 36, Auditor's Subdivision Number 172, lying North of a line drawn parallel with and 150.30 feet North of the South line of said Lot 36. Subject to easements for street purposes over the North 25.0 feet thereof. 4i �:'' '� ' •�..a March 1, 1977 Mr. Greg Luce, Executive Director Housing and Redevelopment Authority 4301 West 50th Street Edina, MN 55424 Dear Mr. Luce: city of CZdlna 4301 WEST FIFTIETH STREET • EDINA. MINNESOTA 55424 Your property as identified on the attached "Exhibit A" is scheduled to be acquired by the Edina City Council under the Community Development Program. To be in a position to make a fair offer for your property, the City has contracted with an independent real estate appraiser to make a determination of the fair market value of your property. It will be necessary for this appraiser to make a complete inspection of your property in order to make a fair appraisal. The appraisers should contact you for an appointment within the next 14 days.' This is not an offer to purchase your property but is a notice of our intent to acquire. Sincer ly yo xs y Wary City Manager WCH:nr .92%8861 March 2, 1977 Mr.. Robert Wiley `Wiley Real., Estate ApprdJial Service 8609 Lyndale Avenue South Bloomington, MN 55420 Dear Mr. Wiley: Per our telephone conversation this rnao-nina, please deliver to the City an appraisal for the property identified on the attached "Exhibit A." In connection with your appraisal, you are required to follow the appli- cable sections of the-Uniform Relocation Assistance : and Real Property Acquisition Policy Act..of 1970. The owner has been sent a letter of intent to acquire and anticipates being contacted,'by yourshortly. Sincerely, Jerry Dalen Finance Director JD:nr WILEY REAL ESTATE APPRAISAL &CONSULTING SERVICE 8609 LYNDALE AVENUE SOUTH BLOOMINGTON, MINNESOTA 55420 Phone: 612 / 888.4322 — 888 -4741 It DRED E. WILEY ROBERT H. WILEY A1iCHAEL R. WILEY City of Edina ATTN: Mr. Dalin 4801 West 50th Street Edina, Minnesota 55429 Dear Mr. Dalin: March 31, 1977 Re: Vacant Site located at West 49� Street, Edina, MN Pursuant to your request, I have made an inspection and appraisal of the above - referenced property which is legally described on Page 5 of the attached report. The purpose of this appraisal is to estimate the reasonable market value, with market value defined on Page 1 of this report. Property rights appraised are those of fee simple unencumbered. On the basis of my study of the property, my real estate experi- ence, and careful consideration of the factors affecting its value, it is my opinion that the market value of this property, as described herein, and subject to the limitations and condi- tions recited, is in the sum of: EIGHTY -FOUR THOUSAND DOLLARS------- - - - - -- $84,000 A summary of the various considerations involved can be found in the attached report. I trust this report will prove helpful. Should you desire further clarification or assistance, please call me. Very truly yours; WIL REAL ESTA EAPPRAISAL & CONSULTING SERVICE Eldred E. Wiley, SRA, S /WA Independent Real Estate Appraisers MEMORANDUM TO:,;.:. J. N. Dalen Appraisal Review Committee FROM: Kent P. Swanson, Assessor — RE: Appraisal Review for Attached Exhibit "A" I have reviewed the appraisal report dated March 31, 1977 and,attached as exhibit "A" covering the area generally south of 49k Street and east of Halifax Avenue in Edina (Plat 73770, Parcels 2325 and 2525). The report has-been made using accepted professional appraisal procedures and techniques and is adequately documented. The appraiser's conclusion of eighty -four thousand dollars ($84,000) is valid in my opinion. KPS /jr April 12, 1977 MEMORANDUM TO: H.R.A. FROM: Greg,Luce, Executive Director.H.R.A. DATE: April 12, 1977 The City of Edina wishes to purchase the parking area behind Clancy's and Hager's. They intend to use Community Development 'funds for'this purpose. They have received $80,064 from HUD for this purpose. They have.completed an appraisal which indicated the value.was $84,000. This appraisal cost ; the City $300. I would recommend that the H.R.A. sell the subject property to the City of Edina for $79,764 and give them.a. gift of- $4,236, which is the difference between the appraisal price and the - Community. Development. funds they,have available -after appraisal fees. GL: nr ♦ti cry of �dlna 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 88424 92%.8861 April 19, 1977 Mr. Greg Luce Edina Housing and Redevelopment Authority 4801 West 50th Street Edina, MN 55424 Dear Mr. Luce: This is to inform you that the City of Edina is now authorized to acquire the property identified on that attached "Exhibit A." We now have an independent appraisal on the above - property and, based on this appraisal, the City is prepared to purchase this property for a total cash price of $84,000, providing you furnish marketable title. We anticipated using $29,064 of. Year I and $51,000 of Year II HUD Community Development funds. Please address the Housing and Redevelopment Authority regarding this matter and feel free to discuss our offer in more detail at your convenience. Sincerely, err Dalen Finance Director JD: nr 11. NEW BUSINESS:. 9. Reorganization of Boards and Commissions. Attached please find a proposal which was submitted to the City Council by Fred Richards for the reorganization of .boards and commissions: This proposal F is being seriously considered by the Council, which -wi•ll probably take action on April 4, 1977. It is therefore imperative that any comments.that the ? commissioners have be made known, to the Council prior to that date. j My own opinion is that this consolidation is good, and that it may go farther by consolidating the H.R.A. and Board of Appeals into the point Planning Commission and Environmental Quality Commission board. At the last meeting several __P_lann_ing Commissioners - responded negatively to the fact that there would be 15 members on each commission and suggested that a membership of nine would be more appropriate. I concur with this analysis and urge th e commission to make their thoughts known by a resolution of recommendation to the City Council. Ordinance Amendment 801 -A requiring platting of outlots and buildable lot divisions. Attached please find a proposed modification to the subdivision ordinance which generally requires three things. They are: 1: That outlots may be allowed but in order to be built upon at a later date they must be.platted. 2. That we further .limit the number of lot divisions by requiring platting In more circumstances. In the past several years the lack of accurate surveying, which is accomplished via the plat, has caused difficulties on several occasions. 3. The third change is one which puts into ordinance form the present procedure of reporting to the City Council that the Planning Commission has taken action and that the Council should set a hearing date. Presently, our ordinances require that the Council have a written Planning Commission recommendation in their hands prior to even.setting the hearing date. 02 ► 11. Ordinance Amendment 811 -A setting dates.for Council. hearings. The attached proposed ordinance amendment is similar to the third change which we are making to the subdivision ordinance. That change identifies'that the City Council will set a hearing date upon being informed that the Planning Commission has made a recommendation.. � A ORDINANCE NO. 801 -AI4, AN ORDINANCE AMENDING THE PLATTING ORDINANCE (No. 801) TO ESTABLISH POLICY AND PROCEDURES FOR THE PLATTING AND SUBDIVISION OF OUTLOTS; TO PROVIDE FOR THE DIVISION OF LOTS AND PLOTS; TO PROVIDE FOR THE SETTING OF HEARING DATES BEFORE THE CITY COUNCIL; TO PROVIDE FOR CONDITIONS TO PLAT APPROVAL TO BE IMPOSED BY THE CITY COUNCIL; AND TO PROVIDE FOR GRANTING OF PRELIMINARY AND FINAL APPROVAL OF PLATS AT THE SAME HEARING THE CITY. COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sections 11, 12, and 13 of Ordinance No. 801 are hereby renumbered Sections 13, 14, and 15, respectively. Sec. 2. There is hereby added to Ordinance No. 801 a new Section 11, as follows: _IRE "Sec. 11. Outlots. It is the policy of the City of Edina to allow T ARAGRAPH. outlots on plats, replats, and subdivisions presented to the City for ap- -EW] proval pursuant to this ordinance, but only for the purpose of simplifying the descriptions of parcels of land (i) that would otherwise be excepted from the platted area, or (ii) that are to be conveyed or dedicated to the City of Edina or other public body. Therefore, any outlots shown on a -plat, replat, or subdivision approved by the City shall not be, nor be deemed to be, lots or plats as defined in Sec. 12 (Definitions) of Ordinance No. 811 of the City of Edina, nor shall any such outlots be developed by the erection or placing of improvements thereon, except, however, for improvements erected or placed by the City of Edina or other public body upon outlots conveyed or dedicated to it, unless first replatted into lots and blocks pursuant to this ordinance, the applicable provisions of state law, and the provisions of Ordinance No. 811 of the City of Edina." Sec. 3. There is hereby added to Ordinance No. 801 a new Section 12,.. as follows: -NTIRE "Sec. 12. Lot Divisions. No lot or plot as defined in Sec. 12 (Defi•- ?ARAGRAPH nitions) of Ordinance No. 811 of the City of Edina shall be divided unless =DEW] done in compliance with whichever of the two following procedures is appro- priate: "(a) If no new lot or plot that complies with the applicable minimum lot area and other requirements of Ordinance No. 811 will be created, then the procedure shall be the same as the procedures for a plat as set out at Sec. 6 and Sec. 7 of this Ordinance 801, except that notice of the hearing before the City Council need not be published. "(b) If one or more new lots or plots that comply with the applicable minimum lot area and other requirements of Ordinance No. 811 will be created, then such lot division shall be deemed to be a platting of land and shall be processed, heard, and acted upon pursuant to the platting procedures estab- lished by this ordinance, and to the applicable provisions of state law and of Ordinance No. 811 of the City of Edina." (N.B. Deletions are lined out [- - - - -]; additions are underlined or noted as entirely new paragraphs.) Ordinance No.-801 -A Page 2 Sec. 4.. Section 7 of Ordinance No. 801 is hereby amended to read as follows: "Sec. 7. Public Hearing. At- its - next - regular - meeting -after- reeelpt of- the- repent - end- reeemmendetien -e€ -the- Planning- 6emaiesien- ex -en�r -plat; replat- er- subdivislon- hereunder;- the- Villege Upon - request- of_the City Planner. -- ---------------- or City_Manager2_or_ of_the_proposer_of_the platzreplati_or_ subdivision. - - - - -- - - -- -- - - - - -- after the Planning-Commission has examined and considered the proposed_plats r_ eplat2 _or_subdiv_isio_n_2_the _C_ity Council shall set a date for hearing thereon, which shall be not later than 60 days after the meeting. A notice of the date, time, place, and purpose of the hearing shall be published once in the official newspaper at least ten days before the date of hearing. After hearing the oral or written views of all interested persons, the Council as the Platting Authority shall make its decision at the same meeting or at a specified future meeting thereof. It may by resolution_ "(a) grant preliminary approval e€- plat9- a�entiened- in- Seetien -3 {b }, with or without modification, and without conditions, or with such conditions as the Council may deem necessary or desirable; or ------------------------------------------------- "(b) grant preliminary_and final approval at__the_s_ame time= with or ;without modification, and without conditions,_or_with_such - - -- ------------ - - - - -- - -- - - -- conditions as the Council may_ deem_necessary_or_desirablei_or "(c) refer the plat to the appropriate Village _City officers or depart- ments for further investigation and report to the Council at a specified future meeting thereof;l or "(d) reject the plat." Sec. 5. Section 9 of Ordinance No. 801 is hereby amended to read as follows: "Sec. 9. Final Approval of Plat. When a plat has been given preliminary approval by the Council and the required improvements have been completed, or subdivision financing agreement executed by the Village City and the person or persons who filed such plat, snd- aeeedsble- 9ep$raze- sgree�nent reletleg- te- payment - a €- spee }al- e99es9meat9- ripen- axle - a €- piepert�r- exeec�ted; and security furnished and land set aside and dedicated or equivalent cash contribution made, and the conditions imposed_ by the Council at the time of a --------------- - - - - -- -------------------- grnting_ preliminar_ v_approval_have_been_fully_met_ and c_om_plied_ with,. all as herein required, the Village City Manager or City Planner shall submit a - -- ---- - - - - -- - -- supplementary report thereon with the plat to the Council for final approval, which shall be given by resolution. In order to -obtain preliminary and final ------------ - - - - -- -------- - - - - -- approv-al_by-the_Council at the same the foregoing_reguirements ------ - - - - -- - - - -- for final a2pr2yal_shall have been then met and complied with. If the Council ----- - - - - -- - ---------------------- - - - - -- ---------------------- imposes_conditions in_any_ "rant_of finsl_approva1,_ then -the officers of the -- - - - - -- - - - -- ------------- - - - - -- C11y_sh2ll_not sign such plat,_ nor_ shall the City_Clerk- issue _any_certified copy of the resolution of the City Council giving; such final approval, until ---------------------------------------------------------------------------- such conditions are met and complied with. The City Clerk is authorized, r Ordinance No. 801 -A Page 3 once such conditions have been met and complied with._to_issue_a certified copy-of-the resolution of the Citv_Council_�ivinB_such final approvalL. - - - -- --------- - - - - -- -- - - - - -- without reference to such conditions_" Sec. 6. This ordinance, shall be in full force and, effect upon its adoption and publication, and. when..effective, shall be filed . with the office of the County Recorder;, Hennepin County, Minnesota. i f' ORDINANCE NO. 811 -A7Y AN ORDINANCE MIENDING THE ZONING ORDINANCE (No. 811) TO PROVIDE FOR SETTING OF HEARING DATES BY THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Subparagraph (g) of. Paragraph 6 of Section JIB' (Admin- istration) of Ordinance No. 811 is hereby amended to read as follows: "(g) Hearing and Decision by the Council. The- Geanell- small -at #�s- seat- �egt�lae- meetrag -a €tee- �eee #pt -e €- the- Plsnsisb Beps�tment' -e �epet- acrd- eeemmeaaet }en; Upon_reguest_of the City Planner_or City - -- - - - - -- - - - - -- Manager, or -of the petitioner,_after the Planning Commission has con- ----------- ---------- - - - - -- ------------------------------------- sidered_a_proposed_amendment_to this ordinances or after filing an appeal to It the City Council from a decision of the Board of Appeals and Adjustments, t_he City Council shall set a date for hearing thereon, which shall be not later than 60 days after the meeting. A notice of the date, time, place and purpose of the hearing on any amendment to this ordinance shall be published in the official newspaper of the City at least ten days before the date of hearing. A similar notice of hearing on any amendment transferring land from one district to another shall be mailed not less than ten days before the date of hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates, insofar as the name and address of such owners can be determined by the Clerk from records available to the public. After hearing the oral or written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting thereof." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. (N.B. Deletions are lined out [- - - - -1; additions are underlined or noted as entirely new paragraphs.) 11. Ordinance Amendment 811 -A setting dates for Council hearings. iJ Mr. Luce stated the proposed ordinance amendment would identify the present procedure for setting hearing dates; namely, the City Council sets a hearing date upon being informed that the Planning Commission has taken action on a particular request. The present ordinance requires that a written Planning Commission recommendation be presented to the Council before the hearing date can be set. Mr. Kremer moved the proposed zoning ordinance amendment be approved as .. presented, and Mr. Hughes seconded the motion. All voted aye. Motion carried. 12. Ordinance Amendment 812 -A2 re-adopting the flood lain ordinance. Mr. Luce stated the City Attorney has recommended that the City re- adopt. its flood plain ordinance. The present ordinance was adopted with limited notice and might, therefore, be subject to question in court. Mr. C. Johnson moved the Planning Commission recommend that the flood plain ordinance be re- adopted in its entirety. Mr. G. Johnson seconded the motion. All voted aye. Motion carried. �" LO CATIlO1QT M E- i-Lj7dv-1 - /'c,4 E Y E �CIhCL. N Vi 0 Ass :al _j m BRAE _ MAR Ir BALLPARK COMPLEX,,-!-•Y WILD FLOWER ,I/-% SUbdIVisioll REQUEST NLI51BER: S-77-5 LOCATION:E. of Comanche Court along Valley View Road. REQUEST: 2-lot sinrTI-e family plat. village planning dew riplent village of cdon CC x �ON MAP Ov L �4�AT [fig llu� MM® s CHEYE CIRCLE y� ",\I .u� Clf yJa U O ' O !C BRA G U v ' ` ..r. •`vJ _1• 4 ,11 "�.., .� iyf '�'1'V'17 .r +;i '1 �•C'e �,'�'cJ Y \_ 3'.7' RAEmAR BA PAR K REQUEST NUMBER s -77 -4 LOCATION :s. of Paiute Pass & E. of Comanche Court. REQUEST: 2 -lot single family plat. yillnue planning deimrtment village of edi ■ EDINA PLANNING COMMISSION STAFF REPORT March 30, 1977 II. New Business: 5. Subdivision Muir Woods 2nd Addition.. C. L. Fraser and M. Weegman. Part S -77 -4 and of Lot 1, Block 1, Muir Woods. Generally located south of Paiute Pass and east of Comanche Court. 6. Subdivision. Muir Woods 3rd Addition. C. L. Fraser and.M. Weegman. Part %/ S -77 -5 of Lot 1, Block 1, Muir Woods. Generally located east of Comanche Court along Valley View Road. Refer to: Preliminary plat. The proponents are requesting subdivision approval for two subdivisions which are contiguous and located northeast of the Valley View /County Road 18 inter- change. Both sites .contain steep .slopes and are heavily wooded. These proper.. ties.were divided for tax purposes approximately ten years ago and two separate tracts exist today. It is assumed 'that a building permit for each tract could be issued based on present conditions which allow the development of two home - sites. As can be seen on the attached graphic the access to the proposed 2nd addition is limited to a 20 -foot drive -and a small "Y" for a turn - around. It is our opinion that that is too limited an area for access to two homesites. The lots sizes in the 1st addition are 20,000 square feet and 32,500 square feet. Lot sizes across the street are generally between 13,000 and 14,000 square feet and, in Iroquois Hills Addition, are as small as 11,200 square feet. Recommendation: The staff would.recommend approval of Muir Woods 3rd Addition and denial of Muir Woods 2nd Addition. The approval of Muir Woods.3rd Addition is conditioned on the following: 1. That the unnplatted tract herein identified as Muir Woods 2nd Addition be _- incorporated into Muir Woods 3rd Addition as a single lot. 2. That -prior to any development of the site, a tree removal permit be received. 3. That prior to any grading on the site, .a grading permit be received. We have received numerous petitions and letters regarding this proposed development from the adjacent single family homeowners and comments especially regard the loss of trees and wildlife and the grading. The Engineering Department, however, has reviewed the driveway access as well as the other parts of this subdivision and has reported that a drive access could. be installed for this site without any problem and with minimum grading. The petitions and letters are too numerous to xerox and send to the Commission; however,. they will be made available at the hearing. The reasons for this recommendation are 1. Thee use is consistent with the Western Edina Plan. Edina Planning Commission Page 2 March 30, 1977 2. The property is now two separate tracts of land which are proposed to be divided into three tracts of land and would be nearly twice as large as the surrounding lots. The lot sizes are, however, appropriate for this hilly and wooded area. 3.. Access to the proposed 2nd Addition for two lots is unacceptable in that there is not room to turn around without entering onto private property. GL:nr 3 -25 -77 r- Muir Woods 2nd and 3rd Additions. Refer to: attached graphic. The proponents are requesting two, two -lot subdivisions of two tracts of land which were divided from the Muir Woods. Addition several years ago. Muir Woods 2nd Addition as proposed would be located east of Comanche .Court and would obtain access by way of a private road from Valley View Road. Muir Woods 3rd Addition located southerly of the 2nd Addition would create two lots fronting on Valley View Road. All four lots are in a 25,000 to 30,000 square .foot size range. The site of both proposed subdivisions is heavily timbered with oaks and other hardwoods. Slopes on the site are very steep, i.e. 350 - 40%. It must be assumed that a substantial number of trees must be removed to construct the proposed access road and dwellings. Recommendation: Staff is very reluctant to recommend approval of the proposed subdivisions due to the characteristics of the site. However, it must be recognized that the proposed subdivisions are located on separate tracts of land legally divided in the past. Thus, a request by the owner for a reasonable use of these parcels is a very difficult request to deny. Staff would submit, . however, that the two. lots proposed for .Zuir Woods 2nd Addition are not reasonable in that they must be served by a private road of only twenty feet in width. Such a road serving only one dwelling, however,'. is adequate. Staff, thus, recommends denial of Muir Woods 2nd Addition in that access to the site is inadequate. Staff would, however, recommend approval of a revised Muir Woods 2nd.Addition which incorporates the two lots of Muir Woods 3rd and one lot located. on the tract of land presently proposed as Muir Woods. Approval is contingent on the proponents 1) submitting a soil erosion plan and 2) obtaining a tree- cutting permit. GLH:nr 3 -25 -77 C' f So �ko 'Ar CL HIL 'P tp IROC4jois., O IFMRTM ILI t CARDAF�,ELLE c4�. ASSOCIATES. INC. L A Ii D S U R V E Y 0 R S 6440 Flying Claud Olive. Eden Prairie MiAnIS013. 55141 Prone 612-941-373: t 1 Flevisions t CARDAF�,ELLE c4�. ASSOCIATES. INC. L A Ii D S U R V E Y 0 R S 6440 Flying Claud Olive. Eden Prairie MiAnIS013. 55141 Prone 612-941-373: Scalre 1• • ,:. '<: , Flevisions Drown B Dale Dr'n i r— Wd 5—obNo BOOK Pane .Subdivision No. 5--7-7- 4 . SUBDIVISION DEDICATION REPORT TO :. Planning Commission Park Board Environmental Quality Commission FRom: Planning Department S he,,, UBDIVISION NAME y tr LAND SIZE: LAND VALUE:. 3d_ CSdO (By; ` 15�� Date: The developer of this subdivision has been required to A. grant an easement over part of the land, B. dedicate of the land C. donate $ �!�Y . as a fee in lieu of land As a result of applying the.following policy: A. Land Required (no density or.intensity may be used for the fizst 5% of land dedicated) 1. If property is adjacent to an existing park and the addition beneficially expands the park. 2. If property is 6 acres or will be combined with future dedications so that the end result will be a minimum of a,6 acre park. 3. If property abuts a natural lake, pond, or stream. 4. If property is necessary for storm water holing or will be dredged or otherwise improved for storm water holding areas or ponds. 5. If the property is a place of significant natural, scenic or his - toric value. 6. B. Cash Required In.all other instances than above. 2. Subdivision No. 4 � 17 SUBDIVISION DEDICATION REPORT TO: Planning Commission Park Board Environmental Quality Commission FROM: Planning Department SUBDIVISION NAME: ("i P /per LAND SIZE: _ ✓ �'¢`• LAND VALUE: Ia +C-(Z ,-cof+M (BY: b/� � Date: S-2,1-7,7 ) The developer of this subdivision has been required to A. grant an easement over part of the land B. dedicate $ of the land C. donate $ as a fee in lieu of land As a result of. applying the following policy: A. Land Required (no density or intensity may be used for the first 50 of land dedicated) 1. If property is adjacent to an existing park and the addition beneficially expands the park. 2.. .If property is 6 acres or will be combined with future dedications so that the end result will be a minimum of a 6 acre park. 3. If property abuts a natural lake, pond, or stream. 4. If property is necessary for storm water holding or will be dredged or otherwise improved for storm water holding areas or ponds. 5. If the property is a place of significant natural, scenic or his- toric value. 6. B. Cash Required 0 In all other instances than above. 2. . � s 5. Subdivision Muir Woods 2nd Addition. C. L.. Fraser and M. Weegman. Part S -77 -4 of Lot 1, Block 1, Muir Woods. Generally located south of and Paiute Pass and east of Comanche Court. �3 . Subdivision Muir Woods 3rd Addition. C. L. Fraser and M. Weegman. S -77 -5 Part of Lot 1, Block 1, Muir Woods. Generally located east of Comanche Court along Valley View Road. Mr. Luce explained he was going to present the two requests together because they were made by the same proponent. He presented numerous petitions and letters to the Planning Commission from various neighbors indicating their objections. He explained two subdivisions are requested because the properties are separate tracts of land. The first request, Muir Woods 3rd Addition, is located on Valley View Road and the proponent is requesting to divide the site into two single family lots. The second parcel, Muir Woods 2nd Addition, is located south of Paiute Pass, and east of Comanche Court. The proponent is requesting to divide that site into two single family lots with an access drive onto Valley View Road; thus, if the request is approved, rezoning to PRD -1 will be necessary to allow for this drive with PRD -1 allowing only for single family lots. The proposed drive would be 20 feet wide and would have a small turn-a- round. Mr. Luce indicated the area is heavily wooded and the topography is with steep slopes. The Engineering Department had reviewed the request and whether drive would be-possible, and it was their impression, and that of the staff, that the proposed turn -a -round would be too limited for two homesites. Therefore, staff recommended the proposed Muir Woods 2nd Addition not be' approved because of the access drive. Mr. Luce further recommended that Muir Woods 3rd Addition, which would have access directly onto Valley View Road, be approved for the following reasons: 1. The use is consistent with the Western Edina Plan. 2. The property is now two separate tracts of land which are proposed to be divided into three tracts of land and would be nearly twice as large as the surrounding lots. The lots sizes are, however, appropriate for. this hilly and wooded area. 3. Access to the proposed 2nd Addition for two lots is unacceptable in that there is not room to turn around without entering onto private property. i i Approval of Muir Woods 3rd Addition should be contingent upon: 1. That the unplatted tract herein identified as Muir Woods 2nd Addition be incorporated into Muir Woods 3rd Addition as a single lot. 2. That prior to any development of the site, a tree removal permit be received. 3. That prior to any grading on the site, a grading permit be received. 4. Parkland Dedication be required prior to final plat approval. Mr. Roger Stageberg, 6609 Paiute Pass, asked if lots in the 2nd Addition could be appropriately serviced by the 20 -foot wide access drive. Mr. Luce responded that the 'same type of drive exists in several other areas and that it was more than adequate for one homesite. He noted that approximately a 10- foot strip of tax delinquent land owned by the County adjacent to the property could be purchased by the proponent to widen the.drive to 30 feet. Mr. Stageberg said he wished to present the views of the neighbors and would address himself primarily to the 2nd Addition; however, many of the same arguments are also applicable to the 3rd Addition. He said there was a restrictive covenant which said no lot in Muir Woods Subdivision could be subdivided and thus people of Muir Woods had a legal right to prevent the two subdivisions. He also said the adjacent property owner, Dr. Martin Peper,.was not able to attend the meeting as.he was out of town, but asked him to say that he, as owner of Lot 1, Block 1, Muir Woods, did not wish to waive his rights under the restrictive covenant as written in May, 1958, by George W. Harsh, in which a restriction is provided for subdivision of Lot 1. He said the surrounding property owners had adequately expressed their opinions in letters and petitions, and he said that when he looked at the plat maps at Hennepin County the lot was not in existence and he thus did not realize such a lot existed. He emphasized that the neighbors -would have.. a driveway in their backyards. Mr. Luce said that the driveway would be present even if only one lot existed. Mr. Stageberg continued that the driveway would cause problems in fire protection because of its narrowness. He felt the road would also cause problems with water drainage because of the steep slope as water will run off the slope into the backyards of the neighbors. Mr. Luce clarified that the neighbors. should be made aware that only a court of law or all the neighbors signing the declaration of covenants and restrictions can modify those restrictions and that the Planning Commission cannot modify or recognize them and must act independently from them. He said, however, that the Planning Coim:ission has held over requests when litigation was pending. He also said that while the lot may not have shown on Hennepin County's plat map, they have recognized this division since 1965. Mr. Dunn, the City Engineer, said tree removal for the driveway may be a problem, but he reassured the neighbors that the proponents would fill the driveway correctly and it may even result in an improved drainage situation. Mr. Luce said the proponent has a right to build on the site, thus it would be very difficult to deny a building permit. In re- sponse to Mr. C. Johnson, Mr. Luce said the Commission could hold over or deny the proposed plat of Muir Woods 2nd Addition and require that it be a maximum of three lots in combination of the two plats. Mr. Stageberg recommended there be a formal report from the Fire Department as to the accessibility of the proposed home on the lot referred to as'Muir Woods 2nd Addition. i a. 3 -30-77 Planning Commission Minutes, Page 5 Mr. Kremer said one alternate possibility to prevent the development of this property would be for the owner to sell it to the surrounding property owners and they could keep it as parkland. He asked the proponent if he had explored this possibility, and the proponent responded that he had not but felt it was a good one. The neighbors generally agrced and decided to pursue it further. Mr: C. Johnson moved for approval of Muir Woods 3rd Addition with the stipulations stated in the staff report and as listed by the staff, and recommended the Commission hold over the Muir Woods 2nd Addition until the April 19, 1977, Planning Commission meeting. Mr. G. Johnson seconded. All voted aye. Motion carried.