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HomeMy WebLinkAbout19731119_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE .COUNCIL HELD AT VILLAGE HALL ON NOVENBER 19, 1973 Members' ansyering rollcall were Councilmen Courtney, Johnson, Shaw *and Van Valkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen. % . ,. * * MINUTES of November 5, 1973, were approved. as submitted by motion of Council- man Shaw, seconded by Councilman Johnson and carried. c I GABBERT & BECK, INC., REGISTERED LAND SURVEY GRANTED PRELIMINARY APPROVAL. - -, Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce.presented the request of Gabbert & Beck, for pre- liminary approval of a registered land survey for their property located gen- erally between W. 69th and 1.1. 70th Streets and between York and France Avenues. He explaineq that the proposed registered land survey would bring all of. the buildings in the area in question, except the car wash and Ford establishments, into more rational, taxable units and that afiproval had been recommended by the staff and Planning Commission. offered the following resolution and moved its adoption: No questsons being heard, Councilman Johnson RESOLUTION APPROVING PRELIMINARY GABBERT & BECK, INC;, REGISTERED LAND SURVEY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certaiqRegistered Land Survey, presented for approval by Gabbert & Beck, Inc., covering property benefaIly located between W. 69th and W. 70th Streets and between York Avenue and France Avenue and presented at the Edina Village Councillleeting of November 19, 1973, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. DAYTON HUDSON PROPERTIES REGISTERED LAND SURVEY GRANTED PRELIMINARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. 'Inc., for property located generally South of I?. 69th Street, North of W. 70th Street and East of Valley View Road. existing property lines is requested so that the Health Spa and an office build- ing presently located on two of the three proposed tracts can purchase more land for additional parking. offered the following resolution as recommended by the staff and the Planning Commission and moved its adoption: Mr. Luce presented the request.of Dayton Hudson Properties, I He explained that the adjustment of , No objections were heard, whereupon Councilman Shaw RESOLUTION APPROVING PRELIMINARY APPROVAL OF DAYTON HUDSON PROPERTIES, INC . REGISTERED LAND- SURVEY BP-'IT :X.ESOL~D':b$ the. U2flgge" Coun6iL 0%' thk, VSlTagE 6f EdSfiaX .*Ninii&ta; th& Zhat-certa&j-Gegis tered Land Survey, presented for approval by Dayton Hudson Properties, Inc., covering property located generally between W. 69th and W. 70th Streets and'East of Valley View Road and presented at the Edina Vill- age Council Meeting of November 19 a 1973, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman Courtney and a -on rollcall there were four ayes and no nays and the resolution was adopted. BRAEMAR HILLS 7TH ADDITION GRANTED PRELIMINARY. PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce advised that this plat, heretofor known as Oakwood Ponds 1st Addition, (Condominiums for Edina Project) is located North of W. 78th Street, East of Braemar Park and West of Marth Road. recommended approval of preliminary and. final plat approval provided a develop- ers agreement is accomplished with the Engineering Department and provided appropriate deeds and cash balance are received to satisfy the 5% parkland dedication requirement. Following some discussion, Counci3man Johnson offered the following resolution for preliminary approval only, with final approval to be withheld until all requirements had been met, and moved its,adoption: He advised'*that Planning Commission has RESOLUTION APPROVING BRAEMAR HILLS 7TH ADDITION - BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Braemar Hills 7th Addition", platted by Relocation Realty, Inc., and presented,at the Edina Village Council Meeting of November 19, be and is hereby granted prelidnary plat approval. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted.. 11/19/73 11 c REDEVELOPMENT OF 50TH AND FRANCE BUSINESS DISTRICT PLAN HELD FOR STUDY. Affid- avits of Notice,were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce explained that under authority of M.S.A. 462.11, the Village has the right to establish Housing and Redevelopment Authorities. procedures for such action, saying that, in order to establish such an Authority for the entire Village, Council must pass a resolution stating that: 1, Sub-standard, slum or bli'ghted areas exist which cannot be redeveloped with- out government assistance; 2. Adequate housing accommodations are not available to veterans, servicemen 3. He reviewed -and their families; There is a shortage of decent, safe and sanitary dwellieg accommodations available to persons of low income and their families at rents they can afford. Mr. Lude clarified that, in determining whether blighted areas exist, the Council may take into consideration the degree of deterioration, obsolescence, bvercrowding, the percentage of land coverage and areas available to inhabihants, original land planning, lot lay-out and conditions of title in the area. Mr. Luce showed scenes in the 50th and France business area demonstrating areas which he and the Planning Commission considered blighted in the area and out- lined the financing of a proposed four million dollar improvement project, including new streets and parking facilities. financing, under which the project is proposed to be financed, is the differ- ence betwekn the base values of taxation and the increased taxes generated by the new improvements in the area: 'that only one of the unfavorable conditions exist, the Council can declare that there is a need for a Housing and Redevelopment Authority to function in the Village and can appoint the H.R.A. Commission which, in turn, must study each proposal. plan, and that once the H.R.A; is approved, it would still need approval from the Council at each significant step of develQpment. Dr. Ronald A. Peterson, President of the Greater Edina Cbamber of Commerce, read a statement in which the Chamber requested the opportunity to more fully inform itself concerning the objectives and functions of the proposal. 'The letter also indicated the Chamber's willingneww to underwrite the*cost of the initial study and planning up to the sum of $2,000 if they felt that the creation of the Housing and Redevelopment Authority would be in'the best interest of the Village. Hosmer Brown, attorney speaking with the Greater Edina Chamber of Commerce, said that at the last board meeting.of the Greater Edina Chamber of Commerce he was asked to convey the Chamber's concern for additional information. that the Chamber is looking at,this proposal as a possible vehicle for improve- ment of,other business aread in the Village and that they believe that this proposal would give more flexibility to any future plans the Village might have for low cost housing. 6609 Brittgny Road, Mr. Luce said that no low cost housing is planned at this point. taken until the Chamber of Commerce and the Council have an opportunity to study the proposal and get additional input. shown by Mr. Luce depicted normal conditions or whether they were taken at an . exceptionally busy time. under consideration is far from ideal, he felt that the State Legislature might challenge the proposal, that the City of Minneapolis and the Metropolitan Council should also be involved in the project. Mr. Steven Sando, owner of property in the area, said that the pictures shown by Mr. Luce were accurate and urged that the Housing and RGdeaelopment Authority be investigated before the area begins to go down hill. Following considerable discussion, Council- man Courtney's motion that the proposal be deferred indefinitely to get input from surrounding areas, until the CouncilChas an opportunity to study the matter further, and until the feasibility study of the Chamber of Commerce is available, and further, that the Planning Staff be available to work with the Chamber, was then seconded by Councilman Johnson and carried. the offer of the Greater Edina Chamber of Commerce to participate with the Vill- age up to the amount of $2,000 in a feasibility study for the Housing and Redevelopment program relative to the 50th and Frame Area. 1 MORNINGSIDE AREA GARBAGE CONTRACT AWARDED. Mr. Hyde presented tabulation of three'ljids received for garbage and refuse collection for the Morningside area. Tabulation for collecting all refuse two times a week showed Edina-Morningside Sanitation, Inc., low bidder at $48.'00, Able Sanitation, Inc., at $49..90 and Lake Harriet and Edina Sanitary Service at $54.00. age Manager, Councilman Courtney's motion awarding contract to 3ow bidder, Edina-Bforningside Sanitation, Inc., and expressing thanks to Able Sanitation, Inc., for tihe fine work that they have done in 1973, was seconded by Council- man Johnson and carried. He explained that tax increment Mr. Luce pointed out that, upon determining Mr. Luce said thafi several business men in the area had approved Fhe ' Mr. He said In response t0.a question from Mrs. Alison Fuhr, Mr. Courtney said that he did not think that any action should be He questioned whether the slides Councilman. Johnson suggested that, while the area Dr. Peterson then reiterated As recommended by the Vill- 11/19/73 i.JM-212 HOOK-UP AUTHORIZED FOR LOT 8, BLOCK 1, Pm?OOD KNOLLS 3RD ADDITION. Council's attention was called to a letter from Mr, Harvey C. Hansen request- ing that the cash consumer deposit for the privilege of hooking.up to Water- Main Improvement "0: bl-212 be waived and the amount of $1,110.05 be assessed against the property over the years remaining on the original levy against benefited property in the area. Councilman Courtney's motion granting the request as recommended by the Village Manager was seconded by Councilman Shaw and carried, SOUTHDALE AREA CROSWALKS AND SIDEWALKS REQUEST REFERRED TO TRAFFIC SAFETY COMMITTEE. Mr. Hyde called Council's attention to a letter from Ken Olson, 7344 Fourth Ave, S,, objecting to the fact that there are no crosswalks or bicycle paths in the Southd&e area. Councilman Johnson's motion referring the letter to the Traffic Safety Committee was then seconded by Councilman Shaw and carried. STREET IMPROVEMENT NO. BA-167 REFUND GRANTED. to a letter from Mr. Carlton J. Melander, 5804 Code Ave., requesting a refund of $971.60 for payment of Street Improvement No. BA-167 for Lot 5, Block 1, Code Avenue Addition. Councilman Johnson's motion authorizing the refund as recommended by the Village Manager was then seconded by Councilman Shaw and carried , Council's attention was called ENERGY CONSERVATION IEASURES DISCUSSED. Mr, Hyde advised Council that all Village employees had been requested to takb all possible steps to conserve gasoline and diesel fuel as well as electricity and that the ijhermostats of all buildings are to be set, at 68O when the buildings are occupied and to no hi$her than 62O when the buildings are not okcupied. He reported also that no bids had been received by Hennepin County Joint Purchasing for gasoline and that arrangements have been made to buy at'rLtai1 prices from the Phillips 66 Station at Interiachen Blvd. and Vernon Ave. and from the Standard Station at 70th and France Ave. on a temporary basis. problem with diesel fuel, fourteen are serviced by propane gas. with the smallest attendance if the propane gas is unavailable. 3.iui> LAKE REPORT TRANSMITTED TO PARK DEPARTMENT AND ENVIRONMENTAL QUALITY COMMISSION, carried authorizing the transmission of the Mud Lake Report to the Park Department and the Environmental Quality Commission. He said that there is no present Mr. Hyde advised that of the seventeen skating rinks, It is planned to close the five rinks I Councilman Johnson's motion was seconded by Councilman Shaw and GLEASON ROAD DESIGNATED AS CSAH 158; TO VILLAGE, ing resolution and moved its adoption: CSAH 1'58 WEST OF GLEASON ROAD RETURNED As recommended by Mr. Dunn, Councilman Johnson offered the follow- ' RE SOLUTION BE IT RESOLVED by the Edina Village Council that the County of Heinepin revoke the portion of 'present County Stste Aid Highway 158 from a-point at the inter- section of Old Trunk Highway No. 169 (County State Aid Highway 158) and County State Aid Highway 18 located on the West 1ine.of Section 6, Township 116 North, Range 21 Vest to the intersection of Vernon Avenue (County State Aid Highway 158) and Gleason Road, all lying in the Village of Edina, as described within the Commissioner of Highways-Order No. 42268 dated December 15, 1967; and BE IT FURTHER RESOLVED, that the County of Hennepin designate the alignment along Gleason Road as County State Aid Highway 158 commencing at a point on Gleason Road approximately 344 feet South of-County Highway 62; thence Northeasterly and Northwesterly approximately 1600.feet; thence North to a point at the intersection of Gleason Road and Vernon Avenue (present County State Aid Highway 158), all lying in the-Village of Edina, and there terminating the new designation. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. CICERO'S ON-SALE BEER LICENSE APPROVED*FOR YOFXTOWN LOCATION. Mr. Hyde pre- sented the application of Cicero's for an On-sale Beer License for,a location in Leisure Lane which is presently unoccupied. He advised that those who had objected to the previous appllcati& had not made any objection to the newly proposed location. subject 60 approval of the Health Department, was then seconded by Councilman Shaw and on folicall there Were four ayes (with Councilmatl Courtney voting "aye" reluctantly) and no nays aid ;he motion carried. Councilman Johnson's motion approving the application, . .. 11/19/73 13 p. 0 co 'c4 M w 1973 POLICE SALARY RESOLUTION ADOPTED, Mr. Hyde advised Council that a Labor Agreement has now been reached with the Minnesota Teamsters Public and ,Law Enforcement Employees' Union, Local No. 320 which Agreement provide's as follows : 1. Establishes wages for Patrolmen and Detectives for the calendar years 1973 and 1974; 2. Provides Ghat, effective January 1, 1974, the Village will pay 50%, but not to exceed $20 per month, of the cost of dependents' hospitalization and major medical insurance; Stipulates a work year of 2,080 hour, including scheduled sliifts, holidays, roll call time and training. per year; Grants detectives $12 per month more than originally 'contemplated. puts them about midway between Richfield and St. .Louis Park schedules. 3. This includes granting one floating holiday 4. Councilman Shaw then offered the following resolution and moved its adoption: This RESOLUTION ESTABLISHING SCHEDULE OF MAXIMUM SALARIES AND WAGES FOR 1973 FOR POLICE DEPARTMENT BE IT RESOLVED that the maximum salaries and wages for the Police Department for the year 1973 be established as follows: Patrolman* Monthly Monthly 1s t year $ 750.00 $ 782.00 After 1 year 840.00 875.00 2 years 887 .OO 924.00 3 years 929 .OO 968.00 4 years 976 .OO 10 17.00 Is t year 1045 .OO 1099 .oo 1972 Base 1973 Base It I1 11 Detective After 1 year 1060 .OO 2 years . 1080.00 *Patrolmen receive $45.00 per month ($20.77. bi-weekly) as "Fire Pay" in addition to the "Base Pay" indicated above. Motion for adoption of the resolution was seconded by Councilman Johnson and on, 'rollcall there were four ayes and no nays and the resolution was adopted. 1115 .OO' 1137 ,OO' II 'ERWIN H. SCHWAB SUIT NOTED. Mr. Hyde called Council's attention to a suit against the Village by Mr. Erwin H. Schwab for payment of $466.43 for extra expenses involved in the installation of laundry facilities on the first floor of his new residence to make it comparable with hEs home which was acquired by, the Village for the York Avenue extension at 7720 Xerixes Ave. S. No action was taken . I. T.H. 100 - w. ~OTH STREET. BRIDGE OPENED; RELOCATION OF T.H. 100 UTILITIES DISCUSSED. Mr. Hyde advised that when the T.H. 100 - W. 50th Street Bridge opened on November 15, 1973, he had deschvered that! Cailncil had first approved plans in 1957 oi 1958. He,saTd t t' in sea chin for this information, a transcript of a public hearing/R~~t,,,n~~u~~ &$&ich Mr . Joe .Zikan was told by the then Digtrict'Engineer, E. J. McCubrey,..that whenever any existing improvement is disturbed, the cost, except for costs attributable to oversizing or increased capacity will be bourn by the Highway Department. that there is a new proposal under which the Village would be allowed to pay for relocating the T.H. 100 utilities out of gasoline taxes over a five year period without interest. No action was taken. Mr. Hyde added TRAFFIC SIGN INVEBTORY AUTHORIZED. Anderson and Associates to conduct a traffic control defice inventory at an approximate cost of $4,000, for which amount the Village will be reimbursed by the State of Minnesota from Federal Highway Safety Funds, motion authorizing the inventory was seconded by Councilman Courtney and carried. '" ZONING ORDINANCE AMENDMENT REFERRED TO PLANNING COMMISSION. the Village Attorney, Councilman Johnson's motion was seconded by Councilman Shaw and carried referring to the Planning Comnission a zoning ordinance amend- ment which would provide for mailed ndticeto all owners of affected property within 350 feet of the property to which the amendment relates. Mr. Dunn requested authority to retain Jack Councilman Shaw's I- As recommended by CAST IRON PIPE ANTITRUST ACTION DISCUSSED. Mr. Hyde reported that: the Village has received a check in the amount of $1,752 as its share of the ovFr-charge, for cast iron pipe from two companies and that additional reimbursement I- should be forthcoming. TRAFFIC SAFETY COMMITTEE MINUTES OF NOVEMBER 13, 1973, APPROVED. Mr. Dunn called Council's attention to the denial of the request of KMSP-9. to rescind Village action of approval and installation of NO *'Ut' TURN signs for the 14 11/19/73 J intersection of York Ave. at W. -/Ot{i':Street. also recommended denial of the request far-a median cutin the 6900 block of York Avenue, leading to either KMSP driveway. had felt that with the signs in place'there.was 'a real identity problem with people getting into their facility when approaching from the North. Council- man Johnson's motion approving the Minutes of the Traffic Safety Committee of November 13, 1973, was seconded by Councilman Shaw and carried. He added that the Committee had Mr. fhrnn clarified that KMSP ORDINANCE NO. 1201-A1 GRANTED FIRST READING. 1201-A1 whichpould correct a conflict in Village ordinances in connection with political signs. Mr. Erickson clarified that under the proposed amendment, no signs could be installed in the strect right-of-way. thereupon offered the following ordinance for First Reading: Mr. Hyde presented Ordinance No. I Councilman Courtney ORDINANCE NO. 1201-A1 AN ORDINANCE AMENDING ORDINANCE NO. 1201 TO REPEAL SUBPARAGRAPH (5) OF PARAGRAPH (b) OF SEC . 5 THE'VIILAGE COUNCIL OF EDINA, MINmSOTA, ORDAINS: Section 1. Repealer. Sec, 2. Subparagraph (5) of paragraph (b) of Set. 5 of . Ordinance No. 1201 is hereby repealed in its entirety. This ordinance shall be in full fqrce and effect upon its passage and publication. SUBURBAN HENNEEIN COUNTY NURSI~G DISTRICT PARTICIPATION APPROVED FOR 1974. Nr. Hyde presented the Suburbaq Public Health Nursing District budget to Counc'il, and recommended contiqued participation in the Nursing District at a cost of 34c per capita as per ;dinars official 1970 population. mended by the Village Manager, Councilman Johnson offered the following resolu- tion and moved its adoption: As recom- A RESOLUTION :RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT WHEREhS, pursuant to Minnesota StatuJes , Section 145 .O$ and 145.12, provision has been made for a public health nursing d-istrict in that portion of Hennepin County outside the City of Minneapolis; and NHEREAS, pursuant to such authority, such a public health nursing district has been* organized and has been in operation for several years; and WHEREAS, it is deemed necessary to continue the op,eration of such nur.sing district and to provide it with adequate funds for its proper operation; NOW, THEREFORE', BE IT RESOLVED by the governing body of the Village of Edina that this political subdivision continue to be included in the public health nursing district of Suburban Hennepin County, organized on January 4, 1952; that it partikipate in the benefits thereof; and that it agrees to suppprt on an apportionment basis its pro rata share of the cost of the adkinistration of such district provided, however, that for the period of January 1, 1974, Shyough . December 31, 1974, this cost shall not exceed 34~ per capita on the, basis of the last official census; and BE IT FURTHER RESOLVED, that this resolution shall be dFemed an agreement to continue to participate in such nursing district on the basis hereinbefore specified with all other political subdivgsions adopting similar resolutions. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. I .* ORDINANCE NO. 1332 GRANTED FIRST READING. Advising that the.taxi cab companies are in favor of the proppsed ordinance, Mr. Hyde presented Ordinance No. 1332 which ordinance is an effort to cooperate with other suburban municipalities in an attempt for uniform taxicab regulations in the suburbs. No objections being heard, Councilman Shaw offered the following ordinance for first reading as follows : ORDINANCE NO. 1332 AN ORDINANCE REPEALING ORDINANCE NO. 1331 REQUIRING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, LICENSING OR TAX1FA.B DRIVERS AND PRESCRIBING PENALTIES The Village Council of the Village of Edina, Minnesota, ordains: Section I, Repealer. Ordinance No. 1331 is repealed in its entirety. Sec. 2. Definitions. Unless otherwise expressly stated, whenever used in this Ordinance, the following words shall have the meanings given them by this section: . Subd. 1. "Certificate" means a certificate of public convenience and' necessity issued by the Village Council authorizing the holder thereof to conduct a taxicab business in the Village of Edina. age Manager to a person to drive a taxicab on the streets of the Village of Edina. . Subd. 2. "Driver's license" means the permission granted by the Vill- 11/ 19/7 3 15 Subd. 3. "Holdergr means a person to whom a cert ficate has been issued. Subd. 4. "Person" means and includes one or more persons of either sex, natural persons, corporations, partnerships and associations. Subd. 5. 9treet" means and includes any street, alley, avenue, court,: bridge, lane or public place in the Village of Edina. Subd. 6. "Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, whether over a fixed route or not, having a seating capacity of less than ten persons; pro- yided further that said term shall not include ve,hic.le subject to control and regulation by the Railroad and Warehouse Commis- sion or vehicle's regularly used by undefrtakers in carrying on their business. "Taxicab stand" means any place along the curb or street or elsewhere which is..exclusively reserved by the Village Manager for the use of taxicabs. r'Taximete,ril means any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whether by distance travelled or waiting time or both, and upon which such charge shall be indicated by figures. Waiting timetn means the,time when a taxicab is not in motion from the time of acceptance of a passenger or pass'engers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. 1 Subd. 7. Subd. 8. Subd. 9. 6ec. 3. Certificate of Public Convenience and Necessit? Required. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the Village of Edina vithout having first obtained a certificate of public convenience and necessity from the Village Council, provided that any taxicab licensed to operate in any other municipality of this state may carry passengers from said municipality where so licensed to any place or poi'nt within the Village of Edina and may receive passengers for carriage to such municipality where so licensed, but owners and drivers of such vehicles shall not be.permitted to spliczt business in the Village of Edina, or otherwise operate a taxicab on the streets of said Village, without being licensed under the provisions of the chapter. 'Sec. 4. Application for Certificate. An application for a certificate shall be filed with the Village Clerk upon forms provided by the Clerk, which application shall be verified under oath and shall furnish the follow- iag information: (a) The name, address and.birthdate (if any) of the applicant, (b) ~ (c) (d) (e) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the' transaction or acts giving rise to said judgments. . The experience of the applicant in the transportation of passengers. Any. facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. The number of vehicles to be operated or controlled by the applicant; the name and address of the owner of each; the name and address of the holder of legal title thereto, if different; the class and passenger-carrying capacity of each of said vehicles; the length of time the vehicle has been in use; the make of the vehicle; it's serial number, engine number and State license number; the mortgagee of said vehicle, if any, and the amount thereof; and the name and address of the persons receiving the revenues from the operation of'said vehicle and paying the expenses therefor. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. Such further infomation as the Village Manager may require. (f) (g) If such application is made by an individual owner, it shall be signed and sworn to by such owner; if it is by partnership, then it shall be signed and sworn to by one of the partners thereof; pnd if by a corporation, then by one of the duly elected officials of said corporation. Sec. 5. Public Hearing. Updn filing an application, the Council shall fix a time and place for a public hearing thereon. shall be given to the applicant and to all.persons to whom certificates have been theretofore issued. by publishing a notice of such hearing in the official newspaper. Sec. 6. Issuanc6 of Certificate. If the Council finds that further taxicab semice in the Village of Edina is required by the public convenience and necessity and that tlie applicant is fit, willing and able to perform such public transportation and to conform to the-provisions of this Ordinance and the other appliFable'.ordinances of'Edina, the Village Council shall issue Notice of such hearing Due notice shall also be given the general public 11/ 19 /7 3 a certificate stating the name and address of the applicant, the number of ._ _- - vehieles authorized under said certificate and the date of issuance, other- wise the application shall be denied. into consideration the number of taxicab8 already in operation, whether existing transportation is adeqqatrk hallmeet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. Indemnity Bond or Liability Insurance Required. . No certificate shall be issued or continued in operatibn unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the State of Minnesota for each vehicle authorized in the amount of Two Hundred'Thousand Dollars for bodily injury to any one person, Five Hundred Thousand Dollars for injuries to more than one person which are sustained in the same accident and One Hundred Thousand Dollars for property damage resulting from any one accident. ficate of the insurer showing issuance of the policy shall be filed in the office of the Village Clerk. In making the above findings, the Village Council shall take f . Sec. 7. Said policy or certi- i( Sec. 8. License Fees for Certificate Holders. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee for the right to engage in the taxicab business of Twenty Dollars ($20.00) 6ach year for each vehicle operated under a certificate of public convenience and necessity. Said license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to said holder of the vehicle or vehicles -under his operation and control. Sec. 9- Transfer of, Certificates. No certificate may be sold, assigned, mprggaged, or otherwise transferred without the consent of the Village Council. The Village Council shall give such consent if the cer,tificate would have been issued to the proposed assignee if he had then applied; foF it pursuant to this ordinance. be revoked or suspended by the Village Manager if the holder thereof has: Sec. 10, Suspension and Revocation of Certificates, A certificate may (a) (b) Discontinued operations for more than sixty days: (c) Violated any &f the provisions of this ordinance; Violated any ordinances of the Village of Edina:, or the laws or regulations ofo the United States or the State of Minne- sota, the violations of which reflect unfavorably upon the fitness of the holder to offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard, and to have the action of the Manager reviewed by the Village Council. 4 for hire upon the streets of the Village of Edina, and no person who owns or controls a taxicab shall permit it to be so operated, and no taxicab licensed bythe Village of Edina shall be so driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall have then in *force a taxicab driver's license issued under the provisions of this ordinance; provided that any driver licensed to operate in any other municipality of this state may carry passengers from said municipality where so licensed to any place or point- within the Village of Edina, and may freely enter and travel upon the streets and thoroughfares for that purpose, and may receive passengers f"r carriage to said municipality where the driver of such vehicle is so licensed and in such case it shall not be deemed necessary for the driver of such vehicle to pay the license fee herein provided; but such driver shall not be permitted to solicit business on the streets of the Village of'Edina, or to otherwise operate within the Village of Edina without being licensed under the provisions of this chapter. While within the corporate limits of the Village of Edina, the driver of such vehicle from such other municipality of the state shall have with him a copy of the Certificate and his driver's'license and display the same to any person upon demand. An application for a taxi- cab driver's 'license shall be filed with the Village Clerk on forms provided by the Village Clerk whichqapplication shall be verified under oath and shall contain the following information: Sec. 11. Taxicab Driver's License. No person shall operate a taxicab -I Sec.. 12, Application for Driver's License. (a) The names and addresses of four residents of Hennepin County who have known the applicant for a period of five years and who will vouch for the sobriety, honesty'.and good The experience of the applicant in the transportation of passengers. c* g&neral-characfek-?*ofnfhb: appzicant. (b) 11/ 19 /7 3 1 'A (c) The educational background of the applicant. . (e) (d) A concise history of his employment. L The applicant's age, height, color of eyes, and date and place of birth. EacLappJ$cation shall be accompanied by a certificate from a reputable physician of Hennepin County certifying that, in his opinion, the applicant is not afflicted with any disease or infirmity that might make him unfit to operate a taxicab. pay to the Village the sum of Three Dollars. Operator's Permit Required. Village Manager, the applicant shall be required to pass a satisfactory examination as to his knowledge of the Village and to show that he has a 'current chauffeur's license issued by the State of Minnesota. Police Investigation of Applicant - Traffic and Police Record. The Police Department shall conduct an investigation of each applicant for a taxicab driver's license and a report of guch investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Village Manager. Sec. 15. Consideration of Application. The Village Manager, upon consideration of the application and the reports and certi,ficate required to be attached thereto, shall'approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Village Manager to offer evidence why his application should be reconsidered. At the time the application is filed, the applicant shall Sec. 13. Examination of Applicant - Current State Motor Vehicle Before any applicant is finally passed upon by the Sec. 14. Sec. 16. Issuance of License, Duration, Annual Fee. Upon receipt of a 'Five Dollar license fee and approval of an application for a taxicab driver's license, the Village Manager shall issue a lice,nse to the applicant which shall bear the name, address, age, signature and photograph of the applicant. Such license shall be in effect for the refiak~der of the calendar year. license for every calendar year thereafter shall be issued upon the payment of Five Dollars, unless the license for the preceding year has been revoked. Sec. 17. Display of License. Every driver licensed under this ordinance shall post his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab. Sec. 18. Suspension and Revocation of License. ,The Village Manager is hereby given the authority to suspend or revoke any driver's license issued under this chapter for such driver failing or ,refusing to comply with any of the provisions of this ordinance, or if such driver violates any ofdinance of the Village of Edina, or any State or Federal law or regulation, the violation of which reflects unfavorably upon the fitness of the driver to operate or maintain a taxicab. If suspended, such suspension shall last for a period of not more than thirty days. the driver has received notice and has had an opportunity to present evidence in his behalf. Every driver licensed under this ordinance shall Eomply with all Village ordinances and all State and Federal laws, which relate to the operation or maintenance of motor vehicles. A However, a license may not be revoked unless Sec. 19. Failure to Comply with Vi'llage, State and Federal Laws. Vehicles -- Equipment and Maintknance. Vehicles Must Be Inspected. Prior to the use and operation of any vehicle under the provisions of this ordinance said vehicle shall be thoroughly examined and inspected by the Police Department and found to comply with all applicable Village qrdinances and state statutes and regulations, and such reasonable rules and regulations ,as may be prescribed by the Village Manager. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the Village Manager shall deem necessary therefor. Police Department finds that a vehicle so copplies as, above required, the Department shall issue a certificate to that effect, which shall also state the authorized seating capacity of said vehicle. Periodic Inspections. ordinance shall be inspected by the Police Department at such intehrals as shall be established by the Village Manager to insure the continued compliance with the provisions of paragraph (a) of this Sec. 20. Vehicles Must be Kept in a Clean and Sanitary Condition. vehicle operated under this ordinance shall be kept in a clean and sanitary condition accofding to rules and regulations promulgated by the Village Manager. When the Every vehicle operating under this Every 11/ 19/73 Sec. 21, Designation of Taxicabs.- Each taxicab shall bear on the outside - of each rear door, in painted letters not less than four inches, nor more than eight inches, in height, the name of the owner, and, in addition, may bear an identifying design approved by the Village Manager. No taxicab operating under this ordinance shall have a color scheme, or an identifying design, mono- gram, or insignia used thereon which, in the opinion of the Village Manager, conflicts with or imitates any color scheme, identifying design, monogram or insignia used on a taxicab or taxicabs in such a manner as to be mislead- ing or tend to deceive the public; and provided further, that if, after a certificate has been tssued,for a taxicab hereunder, the color scheme, identi- fying design, monogram, or insignia thereof is changed so as to be, in the opinion of the Village Manager, in conflict with or imitate any color scheme, identifying design, monogram, or insignia used by any other taxicab then operating under this ordinance, in such a manner as to be misleading or tend - to deceive the public, the certificate covering such taxicab or-taxicabs may be suspended or .revoked. of this ordinance shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night, and, after dundown, .the face of the taximeter shallwbe illuminated. Such taximeters shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexi- ble and permanently attached driving mechanism. points ;and connections which, if manipulated, would affect their correct reading and recording. when the vehicle is employed and when it is not employed; and it shall be theduty of the driver to throw the flag of such taximeter into a non-record- Any inspector of the Sec. 22. Taximeter Required. All taxicabs operated under the authority They shall be sealed at all Each taximeter shall have thereon a flap to denote * ing position at the termination of each trip. ,subject to inspection from time to time by the Village. Said taximeters shall be Village is hereby authorized either on complaint of any person or without such complaint, to inspect any meter and, upon discovery of any inaccyacy therein, to notify the person operating said taxicab to sease operation. Thereupon said taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition. under this ordinance shall have a rate card setting forth &lie authorized rates of fare displayed in such a place as to be in view of all passengers. Rates charged may not exceed taxicab rates which are then lawful to be charged in the City of Minneapolis. enger', shall render. to such passenger a receipt for the amount charged, either by a mechanically printed receipt, or by a specially prepared receipt, on which shall be the name of the owner, the driver's license number, Aount of meter reading or charges and date o.f transaction.. ful for any person to hire any taxicab operator under this ordinance with iFtent to defraud the person from whom it is hired of the value of such service. stands in such place or places upon the streets of the Village of Edina as he deems necessary and tge number of taxicabs which may be stationed at any such stand. No taxicab shall remain parked at the head of a column of two or more taxicabs at any stand for more than one hour consecutively. After that time, it *all move and permit the taxicab next in line to move up to the head of the column. No taxicab driver shall solicit passengers as fares except when travelling around the streets or at a regularly designated stand.- No driver shall get out of a taxicab at any time for the purpose of soliciting passengers; provided that this shall not prohibit any driver from getting out of his taxicab to assist a passenger entering or leaving his- taxicab. such portion of the street has been designated as a taxicab stand. Only taxicabs operating under this ordinance shall be permitted to park at or occup3- any taxicab stand ., ness in the Village of Edina operating under the provisions of this ordin- ance shall answer all calls received by them for services inside the corporate limits of the.Village of Edina as soon as they can do so and if said services cannot be rendered within.a reasonable time, they shall then notify the prospective passenger how long it will be before said call can be ,answered and give the reason therefor. anybhere within the corporate limits of the Village of Edina at any time when such holder has avai33ble taxicabs shall be deemed in violation of this ordinance. Sec. 23. Rates of Fare; Rate Card Requixed. Every taxicab operated I Sec. 24. Receipts. The driver of any taxicab, upon demand by a pass- Sec. 25. Refusal of Passenger to Pay Lepal Fare. It shall be unlaw- Sec. 26. Taxicab Stands. The Village Manager may establish taxicab No taxicab shall park within thirty feet of any crosswalk unless Sec. 27. Taxicab Service. All pensons engaged in the taxicab busi- Any holder who shall refuse to accept a call 11/19/73 19 i Sec. 28. Op erating Requirements. All taxicab drivers shall be clean and Sec. 29. Extra Passengers. No driver of any taxicab operating under courteous at all times. this ordinance shall carry any persons other than the passengers first employSik6g that taxicab without the consent of such passengers. any passenger who may ride with him, or who may desire to ride in any such vehicle, as to his destination or distance travelled or to be travelled. Sec. 31. Joint Powers Agreement. The Village Council may enter into a joint powers agreement with other municipalities within Hennepin County, Minnesota, pursuant to Section" 47 1.59, Minnesota Statutes, 197 1, providing for the joint and uniform administration of this ordinance and like ordinances of such other municipalities. functions of" the Village Council and Village Manager may, by such agreement, be exercised by the commission created<by, or one or more of'the municipalities which are a party to, such agreement. of a misdemeanor,-and subject to a fine of not exceeding $300 or i&risonment in the Village or County jail for a period of not exceeding 90 days, with costs of prosecution in either case to be added. imposed in addition to revocation or suspension of license. * Sec. 30. True Destination and Distance. No taxicab driver shall deceive If such agreement be entered intoythe acts and Sec. 32. Penalty. Any person violating this ordinance shall be guilti Such penalty may be Sec, 33. This ordinance shall be in full force and effect upon its f.. passage and publication. 00 m Q Ed CLAIMS PAID. and carried for payment of the Pollowing claimsrias per Pre-List: General Fund, $41,862.47; Park Funds, $62,547.37; Construction Fund, $153,736.14; Water Fund, $31,739.27; Liquorl Fund, $154,309.06; Sewer Fund, $32,270.84; improvements, $371,752.40, Poor and PIR, $66.00; Total, $848,283.55. No further business appearing, Councilman Johnson's motion for adjournment was seconded by Councilman Shaw and carried. Motion of Councilman Johnson was seconded by Councilman Courtney Adjournment at 8:22 p.m. I&& &, Village Clerk