HomeMy WebLinkAbout19601212_regular12/12/60
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*" .- I.ILIIUTZS OF THE REGULAR MEETING OF TU EDINA
VILLAGS COUk4CIL , HELD T*lONDAY , DECEUBZR 12, 1960 ,
AT 7:OO P.M. AT EDINA VILLAGE HALL
ROLLCALL was answered by Henbers Bein, Dickson, Tupa and Bredesen.
VanValkenburg entered the meeting later, as hereinafter recorded.
Trustee
PUBLIC HEARIMG OX PETITION FOR VACATION OF PORTION OF t7.49% STREET.
submitted A€fidavits of Publication and Posting of "Notice of Public Hzaring on
Petition to Vacate Portion of T7.49g Street", publication having been made in
Edina-Iiorningside Courier on November 24 and December I, 1960, and PosttFng
on November 21, 1960. Sotice was approved as to form and ordered placed on
file, and pursuant thereto Council conducted Public Hearing on the petition of
Hr. Nark Z. Jones for Vacation of that portion of 3.49% Street described as
fo~~ov7s: "The North One and Twenty-Five One-Hundredths Feet (1.25 Ft.) of the
East Sixty-Eight and Seventy-Six One-Hundredths Feet (68.76 Ft.) of that part
of 11.49% Street abutting the South boundary of the tract of land described as
'Lot 1, lieplat of Lot 6, Block 1, Lund-Kruse Addition and the Vest 35
the East 172 Feet of the South 125 Feet of the North 272.5 Feet of Lot 36,
Auditor's Subdivision No. 172'." Attorney Hosmer Brobm representing the
petitioner, told Council
Building is noxi situated 1,25 feet into the street right-of-way.
Attorney Hasselquist's opinion, stating that the Village cannot sell the
vacated street, was reported. Nr. Brovm told Council that financing of the
building cannot be completed until the matter of encroachmznt on public right-
of-way has been settled. There were no objections to the proposed Vacation
registered at the Hearing, and none had been received prior to this Hearing.
Bein offered the following Resolution and moved its adoption:
Clerk
Feet of
that because of a surveyor's error the new Post Office
Village
RESOLUTION VACATIKG STREET
(PORTIO3 OF ?I. 49% STWET)
TJIEIIEAS, a majority of the owners of the land abutting on that portion
of 17.49% Street hereinafter dascribed in this Resolution have petitioned for the
Vacation of said street; and
11~3EREAS, two sieeks' published notice and posted notice of a hearing to
be had on said petition on December 12, 1960, at 7:OO P.X., has been given and
made, and a hearing thereon has been had by the Village Council:
MOX, THZP&FOEE, Bi3 IT F;ISSOLV..D by the Village Council of the Village
of %dina, Remepin County, 1-linnasota that: I T'hat portion of 8.49.:- Street described as follo.F7s :
of the East Sixty-Eight and Seventy-Six One-Eundredths Feet
(68.76 at.) of that part of 2.49% Street abutting the South
boundary of ths tract of land described as 'Lot 1, Replat of
Lot 6, Block I, Lund-Kmsd Addition, and the 'I.Jest 35 Feet of
the East 172 Feet of the South 125 Feet of the North 272.5
Feet of Lot 35, Auditor's Subdivision No. 172',''
The 2lorth One and Twenty-Five One-Hundredths Feet (1.25 Fc . )
shall be and hereby Ts vacated.
Uotion for adopeion of tha Resolution was se by Dickson, and on Rollcall there
sen, aye; and the Rasolution was ad
PETITIGJ PlGSZiJTED FOR STRtET IflIPROVENENTS IN "THZ HXIGHTS-LA3UELJA VISTA" ABSA:
STORE1 SINEB STUDY TO BE W. Eiessrs. L.B. Strachan, 6617 Galway Drive, and E.
S. Ruhlmzy, 6601 Hillside Lane, presented a substantial petition, as follows:
Galway Dri17e from Brook Drive to T.7.66th Street; W.GSth St., Antrim Rd.
FOR COBCTGTE CUPS, &*ID GUTTER ANQ BLACKTOPPING AND/OR CONCRBTE PAVIKG 114
to Limzricl: Lane; T.7.6Gth St. , County Road No. 39 to Limerick Lane;
Nillside Lane, tI.70th St. to W.66th St.; Limerick Lane, Ta.70th St. to
W.66th St. ; Brook Drive, NcGuire Road to Limzrick Lane.
citing, also , earlier petitions for improvemznts in ChapelDrive , and in Lim2rick
Lane. Stating that they ars not speaking for any group, as such, that they want
only to speak in support of the most recently filed petition, sponsors of petition
told Council that it is signed by owners of 51.SX of the property abutting the
streets; that, considering all petitions filed to date for this area, 151 people
have signed for street iqrovemznts, representing opmership of 60% of the 252
lots in Lhe area. Stating that it has been reported to then by the Village
that a storm sever vi11 ba needed before Street Improvements can be accomplished,
they asked that a study bs made of these needs and the people of the area be
informed of the results.
constructed in 11.70tl.r SLreet, as part of the improvemznt of that street under
Uanager Hyde explained that a storm sewer sill be
121 12/60 237
Municipal
on certain streets in LaBuena Vista and the Heighks.
PETITION FILED AGAINST ST0Rf.I SEWER. Par. A. P. Weingartner, 5721 lJ.68th
Si.$ led a delegation presenting a petition against storm sewer in this area.
Nr. Fleingartner told Council that the LaBuena Vista residents are burdened
with assessments for sanitary sewer and water--which the Heights people do
not have--that, with storm sewer assessmznts will be prohibitive.
association of this araa, asking that a meeting be scheduled for som2 tima
in Janumy, iin order that full information on street improvements can be
given go property owners
be had , and that Bfr. Hyde would schedule the requested information meeting
at the earliest possible time.
by Beim and carried.
State Aid; that there are.drainage problems which must be solved
Blanager Hyde reported receipt of a letter from the neighborhood
Delegation present at this meeting v7as told that Storm Sewer Study would
Dickson moved to accept Street Improvement Petition. Eotion seconded
II+SPROVEFENT P8TITIOI;IS ACCEPTED.
presented, and were accepted and referred to Village Engineer for programing,
by motion Tupa, seconded by Beim and carried:
The following Improvemmt Petitions were
1.
2. Curb and Gutter, Virginia Lane from Virginia Avenue to Concord Avenue.
Storm Sewer along Valley View Road (to serve "The Heights" area)
filed by Roy Peterson.
TRUSTEE VAN VALKENBURG entered the Meeting at this time and remained for the
balance of' the Meeting.
SEPTIC TANK ORDINANCE ADOPTED.
of December 5th, for adoption of the follo~~ing Ordinance on Septic Tank
Installation, and setting forth his reasons for said recommendation; and
Sanitarian Hensley explained provisions of the Ordinance.
v7as had, and Council was in agreement that provisions of Ordinance were
necessary for the preservation of public safety and health.
were made to these'provisions. Tupa offered the folloxcing Ordinance, moving
that Council dispense with second reading and adopt Ordinance as submitted:
Council reviewed Nanager Hyde * s recommsndation
Some discussion
No objections
ORDINANCE NO. 235
AN ORDINANCE REGULATING PR1cVATE SEWAGE
DISPOSAL SYSTENS REQUIRIl?G ISSUANCE OF
A PERNIT AI'D PAWINT OF A FEE FOR CON-
STRUCTION THEREOF, AND PRESCRIBING PENALTIES
TILE VILLAGE COUNCIL OF TIIF, VILLAGE OF EDIWA, HINNESOTA, ORDAINS:
Section 1. Definitions.
Enforcing Officer 2 The term "Enforcing Officer" shall mean the
Premise - The term "premise" shall mean any tract of land containing
gutomatic Siphon - The term "automatic siphon" shall mean a bell and
The following words and terms used in this
ordinance, unless otherwise expressly stated, shall have the follov~ing meanings:
Village Health Officer or his deputy.
a habitable building.
siphon arrangement which controls intermittent fh7 of ef€luent from the dosing
tank into the subsurface disposal system according to the compression of air
under the bell.
or receptacle used, or intendad for use, for the purpose of receiving and
retaining the effluent or overflow 0.F a septic tank until discharged by an
automatic siphon or pump.
receptacle made of loosely laid materials not of watertight construction and
which receive the effluent or overflow from a septic tank to be
directly by the surrounding soil.
Flush Toilet - The term "flush toilet" shall mean a type of closet or
plumbing receptacle containing a portion of water which receives human excreta
and so designed as by means of a flush of water to discharge the contents of the
Dosing Tank - The term "dosing tank" shall man a watertight tank
Seepage Pit - The te-rm "seepage pit" shall mean an underground
absorbed
% receptacle to an outlet connection. s Other Toilet Devices - The term."other toilet device%" shall
privies, septic toilets, chemical closets, and other such devices used
the di-sposal of human excreta.
Septic Tank - The term "septic tank" shall man a watertight
mEan
for
tank or
i-ecepcacl-e used for the purpose of receiving aastes from flush toilets, sinks,
lavatories, bathtubs, showers, laundry drains and any other similar tiaste lines,
and intended to provide for the separation of substantial portions of the
suspended solids in such wastes, and for the partial destruction by bacterial
action of the solids so separated.
23M J 12/12/60
Smage - 'Tne tern "se~7age" shall maan the liquid wastes from all habitable
buildhgs and shall include, but not be limited to, human excrsta and waste from
sink, lavatory, bathtub, shower, and laundry, and any other water carried wastes of
organirs nature either singly or in any combination thereof.
Sewage Disposal Facility - The term "sewage disposal facility" shall man
any privy, cesspool, dry well, toilet, seepage pit, semr pipe, septic tank, sub-
surface disposal system, or any similar contrivance used in the disposal of sewage
whether specifically namd herein or not.
Subsurface Disposal System - The term "subsurface disposal system" shall
mean zn arrangement for distributing septic tank effluent or overflow be1017 the
ground surface.
where persons reside , ar2 employed, or congregate.
Habitable Building - The term "habitable building" shall mzan any structure I Section 2. Faulty Condition of Private Sewage Disposal System. It shall
be unlav7ful €or any person to occupy, or permit to be occupied, any premise where
effluent Erom any sewage disposal facility is exposed to the surface of the
ground or is permitted to drain on or to the surface of the ground, or into any
ditch, storm sewer, laka or stream.
Section 3. RequiremEnts for Construction of Reconstruction of
Private Sewage Disposal Systems; Permit and Fee.
(a) All flush toilets, lavatories, sinks, bathtubs, shovers, laundry drains
and any other similar fixtures hereafter constructed to be used to receive or
conduct water-carried sewage shall be connected to a septic tank of a type approved
by the Enforcing Officer and finally disposed of in a manner approved by this
ordinance. Footing drainage, downspouts, and any other waste water not defined
as sewage shall not be connected to or discharged into the septic tank system or
into the sewage disposal area.
No septic tank shall be located where it is inaccessible for cleaning
or inspection purposes. No septic tank, tile field, or any part thereof may be
located on any property other than that of the habitable building which it serves
except by written agreemant signed by the two or more owners involved and recorded
in the office of the Register of Deeds for Hennepin County. No septic tank system
shall be located in araas where maximum ground water levels, surface flooding, or
surfacing materials sill adversely affect the operation of the system.
reconstructed or replaced within the Village shall comply with the requirements
of Sections 4 and 5 of this ordinance.
hereafter be constructed, reconstructed, or replaced without first paying a
permit fee of $25.00, and securing a written permit and approval of plans and
specifications from the Enforcing Officer.
(b)
I (c) Every private sewage dispoial system which is hereafter constructed,
No such sewage disposal system shall
Section 4. Plans and Specifications.
Tine plans and specifications hereby required shall include, but not be
limited to: the property address, location of the sewage disposal system, desig-
nation of directions by a north arrow, designation of boundaries of the property
being served, location of all present or proposed structures on such subject plot,
number of bedrooms in subject dwelling, type and location of each plumbing fimure,
if any, which does not discharge into the individual sewage disposal system,together
V7ith a description of disposal mzthod serving such fixtures, all trees which ar2 to
rsmain on the site or are then contemplated to be planted, all walks and driveways,
depth of cut or fill, if any, at the location of the proposed disposal field,
location of existing or proposed individual water supply and sewage disposal on
the property for vhich the pernit is sought and of those parts of individual
sewage disposal system on adjoining properties which parts are vithin 10 feet of
the property for vhich the peMt is sought, and such other pertinent information
as may be required by the Eneorcing Officer.
to a private sevage disposal system, in addition to complying vith the requiremznts
of Ordinance Xo. GS of thz Village, shall also comply sith the folloiiing requirmmts:
from a habitable building, shall be located less than 10 feet from the nearest wall,
spring, or unplsotzcted water suction line. A11 sewers located witliin 50 ket of
any wall or unproteciled water suction line, and all semrs inside, under and
within 5 feet outside of the inner face of the building wall of any habitable
building, shall be constructed of cast iron soil pipe with watertight leaded
joints, or other pips approved by the .Enforcing Officer. Pipe used outside the
5 ieet distance of the inner face of the building wall shall be of cast iron,
transite, vitrified tile, concrete tile or other pipe approved by the Enforcing
Officer.
Size. Sewers outside of buildings shall be at least 4 inches in
diameter.
are to be connected, and sized according to the number of flush toilets and other
fixtures discharging thereto, in accordance t7ith the State Plumbing Code referrsd
to in Ordinance Ro. 67.
(a)
(b) Each private sewer line hereafter built or reconstructed, which connects
I (1) Type and Location. No swer, or pipe used to conduct untreated sewage
(2)
Sev7ers of larger diamzters shall be required if more than 2 flush toilets
12/12/60 239
(3) Grade. Sewers shall be laid at such a grade as to provide a sewage
flos velocity of not less than 2 feet per second when flowing full, and shall not
be laid at a uniform grade.
than 1 inch grade per 8 feet of sewer pipe, nor more than 1 inch grade per 2
feet of sewer pipe.
installation of accessible cleanouts.
tank excavation area shall. be .supported ,sufficiently to eliminate settling.
Sewers of 4 tO 6 inch diameter shall have not less
All changes in direction of 45O or more shall require the
(4) That port-ion .of the p.rivatq sewer line lying within the. septic
Section 5. Septic Tanks. Each septic tank hereafter constructed, re-
constructed, or replaced, yjthin the Vil,lage., .shall meet the following require-
ments :
(a) It shall assure a uniform horizontal flow throughout its entire length.
(b) It shall be watercighq.
(c) It shall be constructed .o< sound and durable material which is not
(d) It shall be fitted wich ,a manhole or removable cover which affords
(e) It shall be fC,tt,ed yith ,an i,nlet and outlet which permits the liquid
_._
subject to excessive corrosion or decay.
adequate access to the tank for inspection and sludge removal.
to enter and leave the tank ~ith the least possible disturbance.
be fitted with a tee or baf€le extending at least 6 inches below the liquid
surface but not more than 18 inches. The outlet shall be fitted ~ith a tee
extending at least 18 inches below the liquid surface. The outlet shall be
placed not less than two nor more than four inches lower than the inlee.
Satisfactory venting shall be provided through the inlet and through the.main
building stack.
The length of a single compartment tank or the inlet compartment of a
mulki-compartment tank shall be not less than two nor more than three timzs the
widkh of such tank or compartment,
feet in diameter.
the liquid depth shall be not less than 4 feet nor more than '64 ,feet.
Liquid Capacity of Tank
The inlet shall
(E)
Cylindrical tanks shall be not less than 5
(g) The total depth of each septic tank shall be not less than 5 feet, and
(h) , The minimum required capacities for septic tanks are as follows:
Number of Bedrooms in Gallons
2 7 50
3 900
4 1000
5 1250
6 1500
7 17'5 0
8 2050
10 3000 .
(i) Each subsixface di-sposal field shall be located in an unobstructed and
unshaded area and shall meet the following niinirnum isolation requirements, unless
otherwise approved ,by the Znforcing Officer: Isolation Distance
Prom any existing private water source ... 50 feet
Prom streams ............ 25 feet
From dwellings ............ 10 feeir
Prom property lines 10 feet
Fromwater service lines .......... 10 feet
(j) The minimum total area of.the bottom of the disposal field or trenches
(1)
............
shall be determined by either of the following methods:
By the actual percolation tests conducted on the site with the
required area to be determined from the following table:
Average time required for Effective absorption area .. water to fall one inch in (area in bottom of disposal trench)
Hinutes
3
in square feet per bedroom
100
4 115
5 125
10 16 5
190 15
30 250
60 330
I.
If water falls less than one inch in 60 minutes the area is unsuitable for a sewage
disposal field without special design and approval. In no case shall less than 200
square feet of effective absorption area be provided per living unit.
percolation tests is available, in which case requirements shall be stated on 8
basis of lineal feet of tile in a 24 inch ditch or equivalent footage. Whenever
seepage beds are used, the requirements will be given in square footage and shall
be computed as one-third more area than required for a tile field.
(2) ply recommendation of the Enforcing Officer when 'data based upon
12/12/60
(k) Strap7 or untreated buildkng paper shall be placed over the top of the
gravel to prevent soil from filtering into the gravel vhen backfilled.
ground is substantially compacted.
(I)
(m)
No disposal trench shall be constructed in filled ground until such
All trenches in a disposal field shall meet the following standards:
ZEnimumnumber of trenches per field .......... 2
Pfaximum length of individual trenches .......... 100 feet
14inimum bottom v7idth of trench in tile field ...... 18 inches
14aximum bottom vidth of trench in tile field ...... 36 inches
'lSninium depth of cover of lines ............ 18 inches
Grade of tile lines ...... Not less than 2 inches per 100 feet,
1.iinimm filter material under tile ........... 6 inches
14inimum distance between tile linas ........... 6 feet - unless
otherwise designated by the Enforcing Officer
EIinimm filter material over tile ........... 2 inches
Open joints shall be protected by tar paper or its equivalent
Haximum cover over tile lines ........... 36 inches
be used in a subsurface drainage system.
grougd slope in excess of four per cent, a distribution box is required.
or topography make such use necessary, and unless the Enforcing Officer deter-
mines that such seepage pit will not be likely to contaminate any water supply.
nor more than 4 inches per 100 feet
(n)
(0)
(p)
Only 4 x 12" open joint cement or clay tile, or their equivalent, shall
If any part of a sewage disposal system is situated upon a natural
Seepage pits shall not be used hereafter unless the soil conditions
Saction 6. Privies and Other Toilet Davices Prohibited. No person
shall erect, use, or maints-in, within the Village, any privy or other toilet device.
Section 7. Pznalty. Aviolation of any provision of this ordinance
is a misdemeanor.
ordinance shall be subjecc to a penalty of a fine of not exceeding $100.00 or
imprisonment in the Villase of County jail for a period of not exceeding 90 days,
with costs of prosecution in case of either fine or imprisonment.
hiposition of one penalty for any violation of th-is ordinance shall not excuse
the viblation, pr permit it to continue, but the owner of the premises where
the vicilation occurred shall be required to remzdy the, condition ~.7hich con-
stitutes a violation vithin a reasonable time; and unless a longer period of
Lime is allowed for correction of the condition, each 10 days that prohibited
conditions are mintained shall constitute a separate misdem, -anor.
hy person convicted of violating any provision of this
The
Section 8. Effective Date. This ordinance shall be in Cull force and
ez'fect inmediately upon its adopCioii and publication.
I4otion for waiver of second reading and adoption of Ordinance as submitted v7as
seconded by Dickson, and on Rollcall ther es and no nays, as follov7s:
Eeim, aye; Dickson, aye; Tupa, aye; VanVa and Bredesen, aye; and the
Ordinance sas adop tcd.
PEEHIT FOR TD*IPOP?QLY EXCAVATION DISTRICT ON NELS024 J?AN.I ISXTEWDZD TO OCTOBER 15,1961.
Pfr. E.G. Stow's request for an extension and enlargemant of the excavating pcdt
granted July 11, 1960--and expiring January 12, 1961-as made to the Planning
Commission on Dzcember 7, 1960 by Hr. Al. Codward, aas reviewed by'the Council, as
were the Conimission's recomtndations of that date, all recorded in the 14inutes 02
the Planning Commission 1.Izeting of December 7, 1960. It was reported by Planning
Director Hite that thera has not been a request for a change in thz boundaries of
the District; that request is for additional time and permit to excavate additional
naterial.
review of Planning Conmission EIinutes and Mr. Rite's report to Council on the natter.
Attorney Iiosmer 3rOm asked that Plr. A1 Johnson of Johnson Construction Company,
excavating contractor, be allowed to explain 57hy the matter of the establishznt of
a Temporary Zscavation District in this location had been treated as an "emergency"
last year; and Xr. Johnson reported that the Company's contract Cor fill materials
for Interstate I-Iighway 35 had been based on prices received from Mr. Stow for fill
from this area, but that, subsequently, the Company had been able to acquire land
closer to the IGghway, from which the rzquired fill could be excavated. EIr. Brown
asked that Che Council treat as a petition his oral request on behalf of 14r. Stow
that the tin2 bs extended to October 15, 1961, and that the amount of excavation be
lncreased 300,000 cu. yds., making total excavation permitted 600,000 cu. yds., and
that the Enitation set by Planning Conmission as to ten percent grade be set aside.
Xessrs . A1 Go&.rard, Kosmar Bropm and E. b. Stow were present during ICouncil' s
241 12,1-27-6-o- -- -
\
\-
Nayor Srsdesen,suggested that inasmuch as there will be plenty of time, Mr. Brown
put his request in writing in form of petition. Mr. Mix explained that this
request is the Sam2 as that presented to the Commission; that the Commission had
aged that if, by applying the conditions as set forth in their 14inutes, and
principally the ten percent grade limitation, in the preparation of finish grade
cross sections, that there then resulced a surplus of material in excess of
300,000 cu. yds., that the Planning Commission t70Uld then recommend to the Council
that the existing 300,000 Cu. fd. permit.be increased by the amount of irhe surplus,
but in no event more than another 300,000 Cu. Yds. Iir. Elite then presented cross
sections of the district and reported that the finish grade cross sections as
shown thereon would create a surplus of*100,000 Cu. Yds. in excess of the 300,000
Cu. Bds. granted in the first permit. Trustee Eeimmoved that the Planning
Commission's recommendations for extension of Permit for Temporary Excavation
District be accepted, and that Council grant extension on basis of said
recommendations, vith exception that said extension be granted to October 15,
1361; and that the additional quantity of excavation to be granted in this second
permit be not more than 100,000 Cu. Yds., with the stipulation that the finished
grades conform to the cross sections as presented by f4r. Bite.
by VanValkenburg and carried.
Notion seconded
LEO14 PdIiOVAL PLMTTS CONTRACT PJ7,SDZD TO LAYNE-I~III?NESOTA CO;.iPkUQP.
prcsmted Tabulation of the Bids taken December 9, 1960, on Two Iron Removal Plants,
Plant No. 1 being at IJ.50th St. and Wooddale Avenue, and Plant No. 2 being at the
School :later To~7er. Tabulation sas as follo~7s :
'Elanager 2137d3
Ti70 IKON F?*IOVAL PLANTS
MJLTIC%LL ZQULPT . WJLTICfiLL iZC~UIPT. VERTICAL- VZETICAZ-
SATJD IEDIA B I ni SAND '13I?3*1
Barglund-Johnson, Inc.
(Using 1hxAler Equipt .) $185,900
$179,100
Laynz-llinnesota Go.
(Using Gen.Filter Xquipt.) $185,170 $181,%70 $205 , G 7 f:. $1 Sf:. ,9 4.5
Phelps-Drake Co.
Council then reviewed Consulting Engineer Banister's December 12th report, xqhich
recommended award of Contract to Layne-Ninnesota on liulticell Filters 57ith sand
mzdia; the report stating that while the Birm filters will do the job, sand media
filters at the specified flop7 rate, is to be preferred if the additional cost is
not too great; also, that maintenance costs should be considered, and that cost
of painting and cleaning the four tanks necessary in the Layne bid would be less
than that of the fourteen tanks bid by the h7 bidder, Phelps-Drake Co. Trustee
Beim inquired as to the elimination of the odor of the water with the system
recorimtnded, and Mr. Banister replied that the water does not have an odor at
the well; that, by elimination of the iron, the odor will be eliminated. Hr. Tupa
khen inquired as to the Gravity type plant, and Mr. Banister reported that because
gravity type needs a clear well, backwash facilities, and a complicated control
system, the presently proposed system is the better of the two types for the
conditions prevailf-ng here. Dickson's motion, that contractebe awarded to Layne-
Hinnesota Company for two Iron Removal Plants using 24ulticell Filters with Sand
IIedba, all in accordance with the recommendation of Banister Engineering Go.,
was seconded by Beim and carried.
(Using Xueller Equipt.) $178,922
PUBLIC IUARIKG SCHEDULED ON KARL KUHL REQUEST FOR PdZONIXG TO TGEiPORARS GXCAVATION
DISTRICT.
relative to Nr. Iirahl's request for pe-rmit to excavate on a portion of the 26.54.
Acras once owned by Ilebing, West of Gleason Road and South of Highway iL1G9, North
of Indian Hills. Planning Commission's favorable recommzndation confined thz
excavation area to a 500x400' area in the southwest corner o€ the property.
Beim's motion scheduling Hearing for First Regular Eleeting in January, 1961, on
petition to rezone to Temporary Excavation District, 'c7as seconded by Tupa and
carried.
Council reviewed Planning Commission recommendation of Decemher 7,
BROOWIEU EEIGNTS 4TH ADDX. PR%LIEfIf;IARS RE-APPROVZD. bir. Hite asked for re-approval
of this Preliminary, which has not been presented in Final Plat form during the year
since its original approval.
Dickson, seconded by B2aim and carried.
Itlotion for approval of Prelinzinary was made by
HILLS IRTXRLACHEN ~DITI~~--P~LII~IIN~~Y iQ?D FINAL PLAT APPROVED. Council reviewed
Planning Commission's December 7th recommdation for approval of Preliminary and
Final Plats for this tract lying south of Intzrlachen Blvd. and imzdiately east
of Skyline Drive, being platted into three lots; Diclcson's notion for approval of
both Preliminary aild Final Plats was seconded by Tupa and carried.
L4 BUD'JA VISTA: Planning. Commission' 8
action recomrctnding denial of a request €or division of this 250'1;120' lot into
two lots; and it ~7as noted that neighbors had objected.
of request in accord ~~itli Commission's recomzndations.
and carried.
PEWIT DENIED FOR DIVISION OF LOT 3 , BLOCK 4.
Diclcson moved for denial
$lotion seconded by 3eim
COXPLINEHT REGISTERED ON "COUNTRY CLUB" J.-BcpU%. Council reviewed letter of
appreciation ftled by Is&. Jamzs H. Callan, for restoration of the hedge along the
Vooddale side of the Edina Country Club.
SCHOOL OFFICIAL CITES POLICE COOPERATION.
Department , regfstered by Xr . Rolland J. Ring, Prlncipal of Edina-Korningside
High School, x7as rsviewed by the Council and referred to Police Chief Bennett.
A conplimsnt to the Edina PolicE
IT70 YOUXG BOYS COX3EKDi3:D FOR SAVING OF LIFE. Council discussed the part played
by a young Edina boy, Petar Hitch, and a south Ninneapolis boy, Jack Dalrymple, in
saving the ltfe of a younaster caught in a sludge pit, corqlimenting these tvo
young boys; and Dickson offered the following Resolution and moved its adopt5on:
FStSOLUTION COXHELJDIEG PETER HITCII
LUID JACK DALRBELE
FOR SAVIEG A LIFE
BII%R%AS, on Dzcember 10, 1960, Stephen Feig, age LO, vas entrapped to his
armpits in a sludge pit in a highway construction area in this Village, in danger
of losing his life; and
IJ'REREAS, Stephen's plight 17as discovered by Peter Hitch, age 12, 4.917 Arden
Avenue, and Jack Dalryqle, age 12, 1907 IZnox Avenue South, who found they could
not extricaee him themselves; and
and then returned to the scene 17ith a rope in an effort to encourage Stephen and
to keep his head above the sludge until help could arrive, and stayed v7ith him
until help did arrive:
NOY, TR%R%FORE, 32 IT R%SOLVED by the Village Council of the Village of EdLna.
that this Council cormnznd Peter Hitch and Jack Dalrymple for their quick thinking,
courageous action, which show a self reliance, maturity and responsibility far
beyond their yaars, and which resulted in the saving of the life of Stephen Feig.
IEEW, these two boys ran somc distance to the nearest honz to call for aid
1+..40tion for adoption of Resolution vas seconded by Tupa, and OR Rollcall there were
five ayes and no nays, as fOllOT7S: Beim, aye; , aye; Tupa, aye; VanValkenburg,
CW4S PAID.
dated December 8, 1960: General Fund, $6,265.15; Construction Fund, $17,733.50; Park,
Park Construction & %7im Pool, $10 ,01S. 34.; IJater Fund, $22 312.47 ; Liquor Fund,
$30,318.98; Sewar Rental Fund, $28,37; InIprovemant Funds, $9,186.65; and Poor Fund,
$501.SO--Total $96,365.26--was seconded by Tupa and carried.
PROPOSED GAS PRAXCIIISE APPROVED: LEGISLATURE URGED TO ADOPT LEGISLATION PROVIDIEG
FOR RATE UGULATORY AUTEORfTY FOR GAS &*ID ELECTRICITY. CouncLl revieFred the pro-
posed nev7 uniform franchise ordinance for communities served by the suburban
division of the Kinncapolis Gas Company; a topic which has been discussed by thrs
Village Council, and by the joint Councils and/or attorneys of the several
municipalities many timas during the past few months. Said proposed ordinance
is entitled "LQI O~WUJLQXE G~LQ?TIKG TO 3IINMEAPOLIS GAS COXFANY , A COF2OR%TIOZ?
ORGB3IZED UNDER TI. L&fS OF TI33 STATE OF D%WT?APt, ITS SUCCESSORS &TI) kSSIG>IS,
Dickson's notion for payment of the follot7ing Claims, as per Pre-Lis'c
I
PE334ISSIOZ TO USE EE S3XdETS AT:D PUBLIC PL4C.W IB THE VILWZ OP EDII'IA FOE THE
CONSTIXKTIOU, l*MtfTJflA3:C% LED OPZPtiQXOI4 OF' h SYSTEE OF I&UT?S, PIPZLIEs%S AND OTXdR
FACILITIXS FOR 334% ~2mJFAmJr: , D1STRIE;UTIOS rmms +QJII COI$DITIO?JS,
SAL% OF GAS ,
PPJSCIJJBIIX *XI<% RATSS TO BE CXARGGED TEEPdTOR, AUD FdPdALz
SUf3J2CT TO C3Rl"klIJ
IxG ALI, OFaII:X?C%S, OR PAws OF ORDIIILWCES, INCONSISTZJT I-EREIIIXTI,'~ and is on file
12/12/60 243
in the office of the Village Clerk and open to public inspection.
:-lyda racomended that, in asking the Legislature to enact enabling legislation
for the adoption of this SranchLse ordinance, the Edina Council also request
that the Lsgislature act to enable the Sam2 type of rate regulatory authority
for electricity utilities as that now being requzstzd for the 14inneapolis Gas
Company.
following Resolution and moved its adop.tion:
Hanagcr
Council accepted this recommendation, and Dickson offered the
.. RE SOLUTION
17HElUAS, there have been negotiations between the Kinneapolis Gas Company -
and conmunities served by the suburban division of the T.Iinneapo1i.s Gas Company
over an extended pzriod of time, resulting 2n the drafcing or' a proposed new
uniSo-rm franchise ordinanca for communities se-rvcd by the suburban division
of the Zlinneapolis Gas Company, and
franchise ordinance, a '5irm of rate consultants acting on behalf of such
cornunities has recommended khat such franchise ordinance be adopted, and
FI~BPWLS, after having examined and analyzed the provisions of the said
franchisz ordinance, it is the considered judgment of this Council that the
mactmmt of said. franchise ordinance TIL11 be beneEcial to this municipality
and in the best interests of consumers of gas in this municipality, and it
appears to this Council that said franchise ordinance should be enacted, and
t?I%REAS, it is necessary that the Legislature of the State of Minnesota
enact enabling legislation to insure that said franchise ordinance may be
validly enacted by this municipality, and
if enacted, V70dd provide the necessary enabling legislation; and
agency in Ninnesota:
Zdina, as fO110wS:
the aforementioned franchise ordinance, immediately after, and providing that,
the Legislature of the State of Minnesota enacts enabling legislation
authorizing and empo~7ering this municipality to enact such franchise ordinance.
This Council desires that such enabling legislation include authority
for groups of municipalities to enter into franchises and $,oint agreements for
rate regulatory authorities which will be concerned with electricity as well
as gas.
3. This Council herewith urges the enactment by the Legislature of the
State of Minnes'ota of appropriate enabling legislation v7hicl-t will permit this
municipality to adopt the aforementioned uniform franchise ordinance, so as .
to act in concert with other municipalities in the regulation of the rates
and practices of the Minneapolis Gas Company, and of electric ut5lities by
including authority to regulate electric utilities in the same manner as gas
utilities, such enabling legislation to be in substantially the form of the
legislative bill which accompanies the aforementioned r'ranchise ordinance.
83.3PJAS, after a thorough analysis of the provisions of such proposed
tlXBREAS, agreement has also been reached on the provisions of a bill which,
BHEREAS, electrical rates are presently not controlled by any governmental
NOS.J, THEREFORE, BE IT RESOLVED by the Village Council of the Village of
1. It is hereby declared to be the intention of this Council to adopt
2.
Hotion for adoption of the 'Resolution was seconded by VanValkenburg, and on
Rollcall there were five ayes and no nays, as follows: Eeim, aye; Dickson,
; aye; and the Resolution was
3.12 evening's business having been concluded, Tupa moved for adjournment.
Motion seconded by Diclcson and carried. Neeting. adjourned at S:30 P.N.