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HomeMy WebLinkAbout19700921_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, SEPTEMBER 21, 1970 - . Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken-' burg and Mayor Bredesen. POLICE DETECTIVE WALTER JOHNSON RECOGNIZED. member of the American Red Cross who was present to award the American Red Cross Certificate of Merit to Police Detective Walter Johnson for an act of outstand- ing bravery in administering mouth to mouth artificial respiration to a child who would undoubtedly have died had it not been for Detective Johnson's quick action. mending him for his outstanding work was seconded by Councilman Courtney and unanimously carried. 1971 BUDGET APPROVED. require a'property tax levy of 23.15 mills, compared with a 1970 levy of 28.39 mills. It was noted that this levy represents less than a dime of every tax dollar paid by the residents of Edina, the rest going to Hennepin County and the schools. of the proposed budget, noting the deletion of $5,000 for a pumper but recog- nizing the need for the pumper, as follows: ORDINANCE NO. 16-14 Mayor Bredesen introduced a Councilman Johnson's motion congratulating Detective Johnson and com- Mr.D@ea presented the 1971 budget. The budget: ill Following some discussion, Councilman Johnson'moved the adoption ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 1971, AM> ESTABLISHING TAX LEVY FOR THE YEAR 1970 PAYABLE IN 1971 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLONS: Section 1. hereby adopted as hereinafter set forth; and funds are hereby appropriated therefor : The Budget for the Village of Edina €or the caldndar year 1971 is Mayor and Council $ 18,140 Planning 31,055 . Administration 89 , 754 Finance 86 , 250 Election 7,020 Assessing 73,387 Legal and Court Services 43 j 410 I Library 28,445 TOTAL GENERAL GOVERNMENT PUBLIC WORKS Administration Engineering Highways TOTAL PUBLIC WORKS $ 29,420 144,550 760,206 $ 377,461 .:I 934,176 PROTECTION OF PERSONS AND PROPERTY Police $715,618 Fire 824,574 Civilian Defence 4,023 Public Health 31,005 Animal Control 16 , 848 L Inspection 54,752 AND PROPERTY 3 Y- .. 1 , 146 , 820 TOTAL PROTECTION OF PERSONS NON-DEPARTMENTAL EXPENDITURES Settlement of Suits 500 Special Assessments on Village Property 55 , 000 Unallocated Capital Outlay 7', 299 Capital Improvements 108,328 Human Relations Commission 10,200 Contingencies $ 20,000 TOTAL MISCELLANEOUS AND CONTINGENCIES 201,327 TOTAL GENERAL FUND $2,659,784 PARK FUND Administration $ 96,617 Recreation 59,315 Maintenance 137,390 Capital Outlay 11,450 TOTAL PARK FUND $ 304,772 Section 2. as hereinafter set forth: Estimated Receipts other than General Tax Levy are hereby established J 9/21/70 GENERAL FUND Village share - State Liquor and Cigarette Taxes Licenses and Permits Muni cip a1 Court Fines Departwent Service Charges Other Transfer from Liquor Fund State Kpportionments - Sales Tax. , Library Rent - Hennepin County PARK FUND Registration Fees Other Transfer from General Fund TOTAL GENERAL FUND a TOTAL PARK FUND $140,184 108 , 550 80,000 179,855 . 94,350 78,223 303,484 47,000 $1,031,646 $ 27,000 750 116,777 144,527 PARK CONSTRUCTION FUND Transfer from GeneFal Fund 80,000 TOTAL ESTIIlATED RECEIPS 1,256,173 ' Section 3. That there be and hereby is levied upon all taxable rea? and, personal property in the Village of Edina, a tax rate sufficient to produce the amounts hereinafter set forth: For General Fund . $1,628,138 For the Park Fund 160,245 For the Poor Fund - 15,690 For the Firemen's Relief . 7,800 For Fire Protection 13,730 For Bonds and Interest 64,600 $1,890,203 Section 4. This ordinatze shall be, in effect from and after its adoption and publication according to law. 3Iotion for adoption of the ordinance was seconded by Councilman VanValkenburg and on rollcall there were five ayes and no nays and the ordinance was adopted. I- ATTEST - :- . . -_ * .. Village, Clerk I $j&yor . *: '. I. SPECIAL ASSESSMENT HEARINGS CONDUCTED. Affidavits of Notice were presented by Clerk. amroved as to form and ordered placed on file. Pursuant to due notice - *- given public hearings were conducted and action taken as hereinafter recorded. A. STORM SEWER NO. 122 in the following: B. Hyde Park Drive from Hyde Park Circle to 50'2 East SANITAfjY SEWER NO. 288 in the following: Hyde Park Drive from Dewey Hill Road South 470'2 Hyde Park Circle from Hyde Park Drive to cul-de-sac WATE-N NO, 250 in the following: Hyde Park Drive from Dewey Hill Road to 470'.2 South Byde Park Circle from Hyde Park Drive to cul-de-sac t C. As recommended by Nr. Dalen, Councilman Shaw's motion defering the assessment Qf.:StomnSewer No. 122, Sanitary Sewer No. 288 and TJatermain No. 250 was seconded by Councilman VanValkenburg and carried. D. WATERMAIN IMPROVEMENT 244 in the following: Ridgeway Road from Tracy Avenue to Westridge Blvd. Vestridge Blvd. from Ridgeway Blvd. to Highland Road . I Highland Road from Vestridge Blvd. to Tracy Avenue Mr. Dunn presented anal$siS .af assessment showing total construction cost No; at $47,546,.80, proposed to be assessed against 28 assessable lots at $1,698.10 per assessable lot as against estimated assessment of $2,204.84 per lot. objections were heard, and none had been received prior thereto. (See Resolu- tion Ordering Assessment later in Minutes.) E. STREET IIPROVEIIENT BA-144 in the following: Ohms Lane from South line of Edina Interchange Center 3rd Addition North to cul-de-sac ,I West 73rd Street from Ohms Lane to cul-de-sac Eir. ~~~~~~~~-~~~,~~l~~s~fIAs~~&s~~~~ ~shswhg total construction cost at $72 ,$?E86 ,Apraposcid.ko:be :a~8ess~dca&ainstl%~383, Kk'assessable square feet Zit.$Q..03037 per assessable foot against estimated assessment of $0.0304 per assessable square foot. No objections were heard. (See resolution Ordering Assessment later in Minutes.) F, STREET IMPROVEMENT BA-146 in the following: Mr. miin presented Analysis of Assessment showing total construction cost at $32,708.10, proposed to be assessed against 3,270.81 assessable feet at $10.00 Benton Avenue from 3osephine Avenue to Hansen Road which was the estimated BQEt in vi&? of the fact that this is a State Aid Project. &e son of Mr. F. A. Matthews, 5201 Benton Avenue, raised an objection because his father's driveway had not been completed. He was advised by Mr, Dunn replied that Some $1,200 had been spent on the Matthews property and that the crushed rock driveway is being replaced by a blacktop driveway and that the project would be completed as soon as feasible. that they were able to drive in the driveway but that abcess was not easy. other objections were heard. Minutes .) G. Mr. Dunn presented Analysis of Assessment showing tot$ construction cost of $1,901.60, proposed to be assessed against 3 accessable lots at $14.62 per assessable foot or at $633;86 per assessable lot. It was noted that the per lot assessment as proposed is $33.00 per lot higher than was indicated in the written notice, buc that the published nptice had been correct. Shaw's motion that the assessment be made on a per lot basis was then seconded by Councilman VanValkenburg and carried. following resolution and moved its adoption: Mr. Matthews said (See Resolution Ordering Improvement later in No STREET IMPROVEMENT BA-162 in the following: Darcy Lane from Hansen Road to cul-de-sac Councilman Councilman Shaw then offered the RESOLUTION ORDERING ASSESSMENT FOR YATERMAIN IMPROVEMENT 244 STREET IMPROVEMENTS BA-144, BA-146, AND BA-162 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : 1. The Village has given notice of hearings as required by law on the pro- posed assessment rolls for the improvements hereinafter referred to, and at such hearings held on September 21, 1970, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for Watermain Improvement 244, Street Improve- ments BA-144, BA-146 and BA-162 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assess- ments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in ten equal annual installments, the first of said installment, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1971, to be payable with the general taxes for the year 1970. 4, Auditor a copy of this resolution and a certified duplicate of said assessments, with the tax lists of the County in accordance with this resolution. 5. The Clerk shall also mail notice of any special assessments which may be payable by a county, by a political subdivision or by the owner of any right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the 'resolution was seconded by Councilman VanValkenburg and on rollcall there were five ayes aod no nays and the resolution was adopted. The Village Clerk shall forthwith prepare and transmit to the County STREET IMPROVEMENT BA-168 PUBLIC HEARING CONDUCTED. Mr. Dunn recalled that the Country Club Area improvement consisting of Portland Cement Concrete Curb and Gutter and Asphalt Concrete Overlay with Seal Coat had been continued from August 17, 1970, so that a study could be made of the effect of curb and sidewalk renovation on the future health of boulevard trees. showing root encroachment on curbs and upheaval by street roots and advised that the report had recommended that the effects of the renovation project on Wooddale Avenue, completed in 1968, should be observed until 1972 to determine the possibility of latent effects. by the possibility of losing the trees hut that something must be done to pre- vent further deterioration of homes in the Country Club Area which comes as a direct result of deteriorated curb and gutter. It was noted that the report of the Brboriculturalist, Kenneth C. Simons, had indicated that, if by 1972, most of the trees on Wooddale Avenue have readjusted and resumed or maintained normal growth, the curb and walk renovation project should be continued in most of the Country Club area, but that curb and walk renovation of streets with narrow boulevard strips and large trees should be discouraged. Johnson suggested following the Mayor's idea of removing badly deteriorated curb, slope the boulevard to the street and diiaving the existing curb in place. Mr. knn estimated that it would cost $2.00 per foot to saw the curb from the gutter, to grade the boulevard gradually to the street, and to replace the sod. Dr, H, J. Zahglka, 4900 Sunnysi.de Road, recalled that damage had accurred to his boulevard trees when the tree roots were cut for sidewalk replacement. An unidentified gentleman was told that elimination of the gutter would not cause any water erosion. He showed slides Mayor Bredesen said that he is disturbed Councilman Mr. Frank A. Thorpe, 4616 Edina Blvd., was told that both 9/21/70 sides of the street would be treated in the same manner. Dr. Zahalka said that years ago €or a cost of $12.00 for labor and $2.00 for material. Folfdwing con- siderable discussion, Councilman Courtney's motion that the curb be removed, the boulevard graded gcEadiially thzthe gutter and sod replaced on the North side of Sunnyside Road between Wooddale Avenue and Browndale Avenue and on both sides of Bruce Avenue between Bridge Road and Country Club Road was seconded by Councilman Shaw and carried. property owners would be necessary since the improvement proposed would be less than the improvement as originally proposed. In reply to a question from an unidentified gentleman in the audience; Mayor Bredesen said that he does not believe it would be fair! for the rest of the Village to pay for patching the curb. Councilman Courtney then offered the following resolution and moved' its adoption : BE IT RESOLVED-by the Council of the Village of Edina, Minnesota, that this Council heretofore cuased notice of heaing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the follow- ing proposed improvement: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement except that the improvement will be constructed so that the only work to be done will be curb removal, gradual grading of the boulevard to the gutter and sod replaced on the North side of Sunnyside Road between Wooddale Avenue and Browndale Avenue and on both sides of Bruce Avenue between Bridge Road and Country Club Road, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. BA-168; and the area to be specially assessed therefor shall include all lots and tracts of land abutting the property to be benefited. by such improvement. Notion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. .e BRAEMAR GUN RANGE BULLETTRAP AND TARGETS BIDS TO BE NEGOTIATED. Jpon being advised by Mr. Dalen that no bids had been received in response to Advertise- ment for Bids in the Edina Sun and Construction Bulletin on Braemar Gun Range Bullet Trap and Targets, Councilman VanValkenburg's motion to negotiate was seconded by Councilman Courtney and carried. 1- he had repaired 200 feet of curb in front and on the side of his h0me.a few Village Attorney Erickson advised that no additional notice to RESOLUTION ORDERING STREET IMPROVEMENT NO. BA-168 CURB REMOVAL AND BLVD. REPAIR 'IMPROVEMENT NO, BA-168 - OBJECTION TO T.H. 100 PLAN ACKNOWLEDGED. The objection of Messrs, C. Fausch, C. F. Gibbemeyer, D. I?. Hackett and Dr. John I. Coe, all of the 6-500 block of Normandale Road (Nest side) was acknowledged by motion of Councilman VanValken- burg, seconded by Councilman Shaw and carried. - % I?. A. COLE LETTER ACKNOWLEDGED. Avenue, complaining of a warning he received for putting his bag of grass and leaves on the curb was acknowledged by motion of Councilman Shaw, seconded by Councilman Johnson and carried. The objection of Mr. W. A. Cole, 5724 Drew LEAGUE OF WOMEN VOTERS THANKED FOR ASSISTING WITH VOTING PROCEDURES. Bredesen noted receipt of a letter from the League of Women Voters to the Village Clerk, expressing their appreciation for the opportunity to do a visible S&vice in securing signatures on Voter Registration Cards, of earning money for the League by securing these signatures and to create an increased aware- ness of Edina citizens in the voting process and their direct participation in democracy. Councilman Courtney thereupon ofzered the following resolution and moved its _adoption: WHEREAS, over a period of many years, the members of the Edina League of Women Voters have served the Village of Edina bysacting as Deputy Commissioners of Voter Registration; and IxJHEREAS, for mahy years, the Edina League of Women Voters has conducted Candidates' Meetings previous to elections and have further encouraged voter turnout at the polls on Election Days by many varied activities; and ITHEREAS, during the summer of 1970, under the very able direction of the 1970 Voter Service Chairman, Mrs. Robert Benjamin, the Edina League of Women Voters has spent long hours in obtaining voters' signatures on the revised voter registration cards for the Village of %dina, and in so doing, has greatly facilitated the process of changing to a new system; NOT.I,*THEREFORE BE IT RESOLVED That the Edina Village Council express its sin- cere appreciation and the appreciation of the citizenry as a whole for the Mayor RE SOLUTION . 9/21/70 excellent efforts put forth by the EDINA LEAGUE OF WOMEN VOTERS to aid and encourage the orderly process of voting in the Village of Edina. Motion was seconded by Councilman Johnson and carried. UNITED NATIONS FLAG TO BE FLOWN AT VILLAGE HALL DURING UNITED NATIONS WEEK. Upon being advised that the EdiraEa League of Women Voters have requested per- mission to purchase and fly, during United Nations Week, the United Nations flag at the Edina Village Hall, Councilman Shawls motion approving the request was seconded by Councilman' Johnson and carried. DRIVERS' LICENSE SALE APPROVED AT VILLAGE HALL. Mr. Dalen recalled that a request had been made by the Clerk.of District Court to sell Drivers' Licenses at the time the Village had taken over the sale of Automobile Licenses. As recommended by Mr. Dalen, Councilman VanVaUenburg's motion,authorizing the sale of Drivers' Licenses as requested was seconded by Councilman Courtney and carried. T.H. 100 NOISE ABATEMENT FACILITIES DISCUSSED. Mayor Bredesen referred to a letter from the Minnesota Departmentdf Highways, recognizing that noise abatement facilities have become an important factor in plan development, and indicating plans which would cost an estimated additional $368,200 for lower- ing the grade of the highway adjacent to the Edina High School. IJahnsan spoke of a letter received from Mr. George Wattson, 6424 Sherwood Avenue. Mr. Wattson was told that he could go through the T.H. 100 files ai: the Village Hall whenever he wished. POLICE DEPARTMENT COMMENDED. Department in response to a call concerning a prowler. The letter was acknow- ledged and the Police Department commended by motion of Councilman Johnson, seconded by Councilman VanValkenburg and carried. Count!ilm$n e m 02 Q &4 No action was taken. Mayor Bredesen referred to a letter from Mr. John . Emmer expressing thanks for prompt and courteous response from the Police OLD LIBRARY SITE ACTION CONFIRMED. after being advised tAxi:.VZXlage;rr iifdac'ddr ;b$? -a pass%.b&f?n lat&ai$,;bjrr kes ident s Village Attorney Erickson asked guidance of Maple Road. reserve to the Village in its proceeding the right and flexibility to convey to Luhd Kruse should it become an expense that Council did not wish to incur in defending its position.onHg a@ed that the Village would have toltbe prepared to defend the ability to/%unx %ruse which Maple Road residents say does not Following considerable discussion, Councilman Johnson's motion that the Village Attorney reply to the Maple Road residents' attorney in the sense that the Village intends to proceedasipreviously detexmined was seconded by Councilman Shaw and carried. HEN LIBRARY DISCUSSION CONTINUED TO OCTOBER 5. -Mr.. Shaw- said that he had attended a meeting of the Friends of the Library at which the possible sale of the New Library Building was discussed. He advised that the new Director of the Library appeared to be mose amenable to the rent increase proposed by the Village. Following considerable discussion, Councilman Johnson's motion that the inaf~eg"be~~sn~~n~~d~~nti~~ OEtobCri5:~ P970r;rwas :~e~6nde~~~by?Cba~c~~- man VaQValkenburg and carried. He recommended that the Village proceed as proposed but yet . exist. I . - HIGHLAND LAKE LEVEL HELD E@R FEASIBILITY REPORT by motion of Councilman John- son, seconded by Councilman VanValkenburg and carried. . ._ - .I .. . . NARK TERRACE DRIVE SANITARY SElJER HELD FOR FEASIBILITY REPORT by motion of Councilman VanValkenburg, seconded by Councilman Johnson and carried. RANDY MORRIS APPOINTED TO HUMAN BUTIONS COMMISSION. Bredesen, Councilman VanValkenburg's motion confirming the appointment of Randy Morris as a School Representative on the Human Relations Commission was seconded by C0unc.i lman Shaw and carried. As recommended by Mayor MINNEAPOLIS SETJER BILLS CONTINUED INDEFINITELY. Dalen has not heard anything from the City of Minneapolis relative to the sewer bills, Councilman VanValkenburg's motion continuing the matter indefin- itely was seconded by Councilman Shaw and carried. Upon being advised that Mr. AGREEMENT WITH HENNEPIN COUNTY FOR GRANDVIEN AREA CONTINUED to October 5, 1970, by motion of Councilman Courtney, seconded by Councilman Jobnson and carried. BOYJZR PROPERTY RESTRICTIVE COVENmTS TO BE PLACED OF RECORD. Mr. Erickson, Councilman Shaw's motion that restrictive covenants be placed of record for the Boyer property on West Shore Drive and Poppy Lane which was acquired by the Village was seconded by Councilman VanValkenburg and carried. As recommendedby 9/21/71 TENCE APPROVED FOR 5901 RUTH DRIVE. VanValkenburg's motion was seconded by Councilman Courtney and carried auth- orizing the Village to enter into an agreement allowing a fence to be installed five feet north of the property line at 5901 Ruth Drive so that the fence will be outside of a hedge on the property. As recommended by Mr. Dunn, Councilman PARKING RAMP SURVEY TO BE HADE. Nr. Dalen advised Council that he had met with 50th and France merchants relative to the assessment of the Parking Ramp and that a request had be& made by the merchants for a survey which would give better criteria for the assessment of the project. He advised that merchants had agreed" to phy an additional year's interest if the project should not be assessed until the results of the survey have been analyzed. lfr. Erickson said that he does not know if the merchants could be bound to paying the additional interest but that it could be included as a part of the cost of the project. Councilman VanValkenburg's motion approving delay- ing the assessment as recommended by Elr. Dalen was then seconded by Council- man Shaw and carried. GROVE STREET VACATION XSOXUTION AMENDED, had not been received relative to'the vacation of Grove Street from Hansen Road to theWest line of the M.N.& S. Railroad, Councilman Johnson offered the following resolution and moved its adoption: BE IT RESOLVED that the effective date of the vacation of Grove Street'from Hansen Road to the Vest line of the M.N.&"S. Railroad as established by Council resolution on July 20, 1970, is hereby extended from September 21, 1970 to October 19, 1970. Motion for adoption of the resolution was seconded by Councilman Courtney and carried. .. Upon %eing advised that easements ' RESOLUTION I?. 44TH STREET TO REMAIN OPEN DURING T.H. 100 CONSTRUCTION UNLESS IT IS PROVEN HAZARDOUS, residents in the vicinity of 44th and Thielen Avenue requesting the Village to close off W. 44th Street to East-West traffic at the intersection of T.H. 100 and-West 44th Street when the bridge is closed and the Highiqay 100 traffic.becomes routed across 17. 44th Street. Nr. Waldo Merick, 5101 I?. 44th Street, protested heavey traffic speeding on W. 44th Street and was told that a low speed limit would be set on the by-pass. It was pointed out by Council that closing of this street would cause serious risks in case of an emergency. Councilman Shawls motion that I?. 44th Street remain open unless it should be proven hazardous was seconded by Councilman Courtney and carried. Mr. Dunn called Council's attention to a petition signed by TRAFFIC SAFETY COMMITTEE MINUTES OF SEPTEMBER 15, 1970, APPROVED. As recom- mended by Mr. Dunn, Councilman Johnson's motion approving and accepting the Traffic Safety Committee Hinutes of September 15, 1970, with the exception of the matter of the median cut on York Avenue at 17. 66th Street, was seconded by Councilman Courtney and' carried. SCHOOL DISTRICT TO BE CONTACTED FOR THOUGHTS ON NOISE ABATEEIENT NEAR HIGH SCHOOL. Highway Department relative to the proposed estimated cost of $368,200 for noise abasement by the High School. by Councilman Courtney and carried that the School District be contacted to see if they will assume'the obligation of.this additional cost. BRAEXAR BOULEVARD AND OVERHOLT PASS STREETS NAMED. the follbwing ordinance for Second Reading and moved its adoption: Mayor Bredesen referred again to the letter received f~on the State Councilman Johnson's motion was seconded Councilman Courtney offered ORDINANCE NO. 164-44 AN ORDINANCE AMENDIhU: VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMIhU: CERTAIN STREETS, ROADS AND AVENUES OF THE VILLAGE OF EDINA THE EDINA VILLAGE COUNCIL OF THE VIUGE OF EDINA, NINNESOTA, ORDAINS: Ordinance No.164 of the Village amended, is hereby further amended by adding after Section 70 the following: Braemar Park Road to €he extent it is located within Section 1. IiSection 71. Braemar Park is hereby'named 'Braemar Boulevard'. "Section 72. Outlot A, Overholt Hills Georgia 2nd Addition, is hereby named 'Overholt Pass'." Section 2. and publication according to law. This ordinance shall be in effect from and after its passage 9/21/70 Motion for adoption of the ordinance w on rollcall there were five ayes and ATTEST: f Village Clerk0 GARBAGE CO€,€ZCTXON GRANTED FIRST mADING. following ordinance for First Reading: Councilman Courtney offered the ORDINANCE NO. 211A-3 AN ORDINANCE PROVIDING FOR THE CO&LECTION OF GARBAGE AND HOUSEHOLD REFUSE: AMENDING ORDINANCE NO. 211A- THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Sections 22, 23 and 24 of Ordinance No. 211A of the Village Section 2. 'Said Ordinance No. 211A is hereby amended by adding thereto Y3ec. 22. Sanitation Districts - Methods of Collecting Household are hereby renumbered Sections 27, 28 and 29, respectively. Sections 22 through 26, reading as follows: Garbage and Refuse. or more sanitation districts , and prescribe that all household garbage and/or household refuse therein shall be collected, but only from premises used as single-family or two-family dwellings, by one of the following methods: The Council may by resolution divide the Village into two (a) (b) By exclusive license to one or more haulers; (c) (d) By non-exclusive license to one or more haulers; .By contract between the Village and one or more haulers; or By Village employees using Village equipment. For the purpose of Sections 22 through 25, "household garbage" shall mean animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food including the cans, containers, or wrappers wasted along with such materials; and "household refuse" shall mean all domestic solid waste, garbage, swill, sweepings, cleanings, paper, cardboard, glass jars and bottles, plastic contiiners and other waste items normally resulting in the operation of a:;household, and yard debris such as grass clippings, . leaves and gree limbs of 8 inches or less in diameter and cut 3 foot lengths or less. license for collection of household garbage or household refuse, or both, the Council shall prescribe the area to be served, the intervals between collections, the schedule of charges to be imposed, and the period of time for which the license is granted. collect household garbage or household refuse, as the case may be, or both, in the area described in the license. formed by a licensee shall be payable by the party requesting the service directly to the licensee and the Village shall qot be responsible for collection of any such charges. which the collection of household garbage or household refuse is performed by Village employees or by another under contract with the Village, the Village shall impose, bill and collect reasonable charges for collection services. Such charges shall be billed on or before July 15 of each year, and any charge not paid by the following September 1 shall be assessed against the lot or parcel of land on which the premises are located. a penalty of 10% of the unpaid charge and bear interest at the rate of 6% per annum. The failure or inability qf the Village to collect any portion of the charges for collection services rendered under contract shall not reduce thg. liability of the Village to pay the contractor the amounts specified in the contract. Any contract for'such collection services shall state the area to bg served, the intervals between collections, the duration of the contract, which shall not exceed four years, and the amounts and dates of payments to be made by the VilLage. Any contract entered into by t.he Village, and any exclusive license granted, pursuant to Section 22 of this ordinance, shall become effective on April 1 of any year, or on such earlier date as then existing licenses or contracts previously issued or entered into under this ordinance for the service and for the district or districts covered by such new contract or license expire or are revoked and if more than one such license or#contract shall exist as to any sucy district, the said new contract or exclusive license shall become effective, as to the premises served by such existing license or contract, at the time of such earlier expiration or revocation of each such existing license or contract. "Sec. 23. Exclusive Licensee Collection. In granting an exclusive An exclusive licensee shall have the exclusive right to All charges for collection services per- "Sec. 24. Village or Contractor Collection. As to any district in The assessment shall include Y3ec. 25. Effective Date fo; Village Contract and Exclusive License. "Set. 26. Cancdlation of Exclusive License or Contract. Any exclusive license or contract granted or made by the Village for Collection Of 1 9/21/70 household garbage or household refuse, or both, pursuant to Section 22 of this ordi- nance, shall be subject to cancellation by the Village in the.event of failure by the licensee or contractor to abide by the terms of this ordinance or the license or contract, and upon notice mailed the licensee or contractor at least 15 Bays in advance of the date specified in the notice as the date of cancellation. Cancellation pursuant to this Section 26 shall be in addition to the remedies, provisions and penalties of Ordinance No. 20, which shall also apply to such exclusive licenses and contracts." Section 9 of Ordinance No.-211A of the Village is hereby amended to read as follows: Haulers to be Licensed. of hauling or conveying rubbish, garbage or other refuse from any premises in the Village unless he holds a valid license hereunder. No licenses shall be issued for any garbage service and for any district or districts covered by a contract or by an exEPusive license, or for which the Village is providing service by use of. its own employees, all pursuant to Section 22 of this ordinance, during such time as such garbage service is being provided by such contract, exclusive license or Village employees.11 Section 4. Section 25 of Ordinance No. 211A of the Village is hereby renumbered Section 30 and amended to read as follows: "Sec. 30. Bond Required. Before obtaining any license hereunder, except an exclusive license pursuant to Section 22 of this ordinance, to engage in hauling or conveying rubbish, garbage or other refuse from any pre- mises in the Village of Edina, the applicant shall have on file with the Village Clerk a bond running to the Village in the penal sum of $1,000 for each vehicle used to collect refuse in the Village by such applicant, which bond shall be conditioned that the applicant shall save the Village harmless for all+.actions or damages arising from his failure to comply with any provisions of this ordinance. Section 22 of this ordinance, and before the granting of any ex6lusive license pursuant to Section 23 of this ordinance', the contracting party and the exclusive licensee, as the case may be, shall have on file with the Village Clerk a bond running to the Village in a penal sum of $25,000 for each district covered by such contract or exclusive license, or in the penal sum of $100,000 if the contract or exclusive license shall cover the whole of the Village, which bond shall be conditioned that the applicant shall save the Village harmless for all actions or damages arising from failure to comply with any provisions of this ordinance, -or of such contract or exclus- ive license. Such bond shall be submitted on the form on file in the office of the Village Clerk. ,without charge. to act as such under the laws of the State of Ninnesota.'? after its Bdoption and publication according to law. ZfUIiBONI PURCHASE AUTHORIZED. Mr. Dalen recalled that Council, on February 16, 1970, had authorized purchase of a Zamboni for the new ice facility on the condition that cdntracts for advertising on the sides of the machine could be obtained. is badly needed. not come through. board and three on the Zamboni for shorter terms of advertising. some discussion, Councilman Johnson's motion qpproving the proposal as recom- mended was 'seconded by Councilman Courtney and carried. Section 3. "Sec. 9. No person shall engage in the business Before the entering into of any contract pursuant to Copies thereof shall be available to all applicants The surety tihereon shall be a corporation duly authorized Section 5. This ordinance shall be in full -force and effect from and He noted that the bid of $11,510 is still valid and that the Zamboni Mr. Rosland noted that several hopes for contributions had It is now proposed to get two advertisers on the score Following BROWNDALE BRIDGE GUARD RgIL DISCUSSED. Mr. Robert J. Debrey, 4502 Browndale Avenue, protested the galvanized guardrail currently being installed along the Browndale Bridge aad curves in Browndale- Avenue. with Nr. Debrey and said that he believes that a coat of green paint would make the bridge more aesthetically pleasing. Following some discussion, Mr. Frank Thorpe was told that this is a maintenance problem and that if nearby property owners are interested in paying for a more expensive bridge further consideration w6u&d be given. investigate a more pleasing type of guardrail and that nothing more be done with the project until some decision is reached as to the type or installation which should be used. Mayor Bredesen 'agreed It was decided the Village would HEARING DATES SET FOR ASSESSMENT HEARINGS. As Councilman VanValkenburg offered the following adoption : RESOLUTION PROVIDING FOR SPECIAL recommended by lir. Dalen, resolution and moved its ASSESSMENT HEARINGS FOR WATERMAIN NO. 243, STORN SEl?&R NO. 114 AND STREET OILING FOR 1970 BE IT RESOLVED by the Village Council of the Village of Edina,,Minnesota as follows : I I 9/21/70 1 1. assessed for the improvements set forth in the Notice of Hearing forms herein- after recorded, and the amounts proposed.to be assessed against the respective lots, places and parcels of land within the districts affected by said improve- ments, and said proposed assessments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein pro- viddd. 2. This Council shall meet at the time and place specified in the Notice of Hearing forms hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official, newspaper in accordance with law is hereby. approved; The Clerk and Engineer having calculated the proper amounts to be Notices being as follows: (Official Publication) VILLAGE OF EDINA . HENNEPIN COUNTY, HINNESOTA NOTICE OF ASSESSMENT FOR STORM SEWER NO. 114 THE EDINA VILLAGE COUNCIL will meet on Monday, October 5, 1970, at 7:OO p.m. to hear and pass upon,all qbjections, if any to the following proposed assessments. These assessments are now on file in the office of the Village Clerk and open to public inspection. Assessments 'will be payable in twenty First payment of each assessment will be payable with the taxes for the year 1970, collectible in 1971, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1971. To each subsequent installment will be-added interest at the same rate for one year on all unpaid installments. following improvement pay pay the whole of the assessment without interest to the Village Treasurer on or before November 15, 1970, or make payment with accrued interest to the County Treasurer. CONSTRUCTION OF STORM SEVER NO. 114 in the following: (IJest 50th Street Business District) The area proposed to be assessed for the cost of the above Storm Sewer includes all lots and tracts of land within the fdllowing described boundaries: Com- mencing at the Northeast corner of Lot 20, Aud. Sub. #172; thence %Jest to the' Northwest corner of Lot' 31, Aud. Sub. B172;'thence South along the Vest line of said Lot 31 a distance of 137.5'; thence Vest 137.5' South of and parallel to the North-line of said Lot 32 to the Vest line of said Lot 32; thence North to the Southeast corner of Lot 1, Block 1, Allata's 'First Addition; thence Vest along the South line of Block 1, Allata's First Addittion to the South-. west corner of Lot 3; thence South along the East line of Lot 1, Block 1, H. V. Adams'Addition to the Southeast corner of said Lot 1; thence West along the South line of Lots 1 and 2, Block 1, H. V. Adams Addition to the Southwest corner of Lot 2; thence North along the West line of said Lot 2, to the North- east corner of Lot 1, Block 1,'Replat of Lot 6, Block 1, Lund Kruse Addition; thence West along the North line of Lots 1 and 2, Block 1, of Replat of Lot 6, Block 1, Lund Kruse Addition to the Northwest corner of said Lot 2; thence South along the East line of Lot 5, Block 1, Lund Kruse Addition and its-Southerly extension to the North line of lalest 50th Street; thence EaGt along the North line of West 50th Street to the intersection of the East line of Halifax Avenue South of West 50th Street extended North; thence South along the East line of Halifax Avenue to the Southwest corner of Lot 54, Aud. Sub. #172; thence Ease along the South 1ines.of Lots 54, 55 and 49, Aud. Sub. 1172, to a point in the South line of Lot 49, 'said point being 143 feet West of the West line of France Avenue; thence South 143 feet West of and parallel to the West line of France Avenue, a distance of 72 feet; thence West at right angles 2 feet; thence South at right angles, a distance of 60 feet; thence East at right angles, a distance of 10 feet; thence South at right angles, a distance of 132 feet; thence East at right angles to the T?est line of France Avenue; thence North to point of beginning. -equal installments over a period of twenty (20) years. The owner of the property a3sessed for the -- . -I nnn n P- ~TT' wrrr 1r-i nnrrr-77 9/21./70 with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1971. To each skb- sequent installment will be adaed interest at the same rate for one year on all unpaid installments. The owner of the property assessed for the follofq- ing improvements may pay the whole of the assessment without interest to the Village Treasurer on or before November 15, 1970, or make payment with accrued interest to the County Treasurer. 1. CONSTRUCTION OF WATERHAIN NO. 243 in the following: BY ORDER OF THE VILLAGE COUNCIL, - Interlachen Circle from Interlachen Road to Interlachen Road. Florence B. Hallberg village Clerk (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, ElINNESOTA NOTICE OF ASSESSMNT FOR STREET OILING 1970 THF, EDINA VILLAGE COUNCIL will meet &n Monday, October 5, 1970, at 7:OO p.m., ?tb hear and pass upon all objections, if any to the following proposed assess- ment, open to public inspection. Assessment will be payable with the taxes' for the yeax:1970; .collectible in 1971, with interest on the entire assessment at the rate of 5% per annum.' The owner of the property assessed for the following improvement may pay the whole of the assessment without interest to the Village 'Treasurer on or before November 15, 1970, or make payment with accrued inte?est to the County Treasurer. -1. Street Oiling - 1970 This assessment is now on file in the office of the Village Clerk and West 545h Street between Xerxes Avenue And Zenith Avenue liest 56th Street between Dale Avenue and"Hansen Road 3est 59th Street between Oalclawn Avenue and Wooddale Avenue The Lots or tracts,of land proposed to be assessed for the above improve- ment include: First Addition to Hawthorne Park; Lots 1, 2, 3, and 17, Block 3, Melody Knolls 6th Addition; Lots 12 and 13, Block*3, Lots 12 and 13, Block 4, Lots 1 and 24, Block 13, Lots 1 and 24, Block-14, Fairfax Addition. BY ORDER OF THE VILLAGE'COUNCIL, Lots 1 and 30, Block 1, and &ts 1 and 30, Block 2, Seely's I ' Florence B. Hallberg ' .Village Clerk Notion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted, CLAIMS PAID. carried for payment of tkie following claims as per pre-list: $440,929.96; Construction Fund, $524,112.84; Park Parlc Construction, Park Sinking, Arena, Swimming, Golf, $165,114.30; Water, $23,193.18; Liquor, $238,316.68; Sewer, $1,644.33; Poor and P.I.R., $4,631-30; Total, $1,397,942.59. Motion of Councilman Johnson was seconded by Councilman Shaw and General Funi, No further business appearing, Councilman Johnson' s motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 9:38 p,m. ?bd*/ Village Clerk 0