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HomeMy WebLinkAbout19430524_REGULAR149 \ MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD IN VILLAGE HALL AT 8 P.M. MAY 24, 1943 Presfdent Sharpe called the meeting to order an& all members of the council were present. W. M, Steinke and T. L, Todd, park board members, a-ppeared to discuss Landsc*aping the village hall grounds. landscaping plans prepared by two nurseries were examined. It was agreed the village street crews will grade the grounds in preparation for sodding or seeding and the matter of planting trees wd shrubs will be studied furthcer. Minutes of the regular council meeting of May 10, 1943, were read and approved. Trustee Wyatt moved approval and payment bf the following payrolls, seconded by Trustee Willson and carried: Tentative Nee - Claim # Gross Vo Tax COUNCIL , E&l C. Sharpe Bower Hawthorne L. &I. Gebo George A. IWllson Dr. A. S. Wyatt Dr. Le M. Campbell Karl Cove11 Jo Jo Duggan 490 $25.00 491 17.50 492 17.50 493 17.50 494 17.50 495 15.00 496 15.00 497 37.50 0 40 OFFICE Phil Vi. Smith 498 150.00 6.20 143.80 Evelyn Kjos 500 62.50 1.90 60.60 Gretchen Schussler 501 62.50 1.90 60.60 John W. Lyon 502 97.50 3e20 94.30 Phil W. Smith 499 25.00 25.00 Hflding Dahl 503 92.50 3.20 89030 Wm. S. Heydt 504 87.50 3.20 84030 STREET R. J. Johnson P. H. Dahlgren S. J, Roberts 0. M. Spande John Tracy Harry Jonas M. J. Merfeld Chas . Johnson Sam McCready Silas Herrett Simen Strand Ronald Port 50 5 506 507 508 509 510 511 512 51 3 514 97.50 85.00 75.00 75.00 70.00 72.95 48.40 52.80 48.40 80.00 51 5 72.00 516 40.00 Geo'rge P. Lundblad 489 Tot a1 3.20 3.20 2.40 2.40 2e40 1.40 90 1.40 90 2.40 94.30 81.80 77.60 72.60 68.60 70.55 47.50 47.03 72.00 40.00 ,72060 51 40 671 . 00 671.00 $2,228.05 $40,60' $2,187.45 . . Gordon appeared for further discussion of h€s complaint about dumping of clay on hls property near Forty-ninth street and Highway 100 by sewer construction crews. not satisfied with the $75 damage payment tendered by the council last December and 3hginear mth reported it would be Impractich for the village to attempt to restore the property to its former conditz&&~ Gordon said Ben B, Eoore, former village recorder, had agreed to pay $200 damages and to restore the property. Gordon stated he would settle the claim for $200. Hawthqrne moved to pay Gordon $200, seconded by Willson and carried by the follmlng rollcall: Gebo, not voting;; Willson, aye; Wyatt, A delegation of residents of Edina Court appeared to insk!.lation of curb and gutter In the court and grading and oiling of th& street. PresSdent Sharpe instructed the residents to prepare and submit pet f t ion s Po r the work. He stated he was I ' not voting; Hawthorne, aye; Sharpe, aye. John C. Thill, 4911 Sunnyside road, appeared to request loserlng of the Ffftieth street dam in MJ-mehaha creek by one foot because high water is damaging laxns above the dam. George C, Christopher, 5656 Wooddale' avenue, appeared %o complain that rains have flooded the basement or2 h5s harm sPnce 5nskCL.ation of %he Wooddale avenue storm sever, 2qy3kee,--GbM?tnoved %he-:m&te2 be &efeaPb&Aioothe road and bridge comdttee and Engineer SmI-th for actfon, seconded by Clerk Hawthorne and carried. John Halleen appeared P;o request peWss2.on for erection of a sign at Fiftie%h street and France avenue, shoving d%rectlons to reach St, Peter's Lutheran church. President Sharpe advised Halleen the sign could be erected at a Location approved by Engineer Smith. I Bids were received and opened from American- LaFrance €%mite Gorp,, Eureka Fire Equipment Coo and W, S, Bot% Coo on Pire hose and o-ther fire department equipmen& fn accordance wfth advertisemenix, Gebo moved the bids be referred to %he ffre cmfttee, a cohttee of the volwkeer ffre department$ and E;hgLnecr Wth for tabulatfon and stxdy and that the fire co&ttee and Sdth be cmponered to F~QJ purchase equSpment meeting spec3.f ications, seconded by Willson and carried. Trustee Gebo moved approval- of applfcatfons of Zipog Grocery Co,, 4948 France avenue, and Hrs. Gust Olson, Cahill store, Seventieth street, and Cah511 road, for cigaret licenses, seconded by Eawthorhe and carried. J Attorney Cove11 presented a- proposed ordinance to regulate e&ava.tions in the. v331age, as fol10vs:~ Tmstee @q7 ~. AN ORDINAWCE FOR TED PROTECTION, PRESERVATION OF EEALTH, SAFETY, PEACE, GOOD ORDER AMD WELFA€E OF THE INHABITANTS OF TBE VILLAGE, 'PHI3 PROTECTION OF PUBLIC: AND PRIVATE PROPEXTP, BY REGDZATING OF OPEN PITS AND EXCATIONS, REQUIRING PEFMITS BEFORE C0N"G TO1 DIG, EXCAVATE OR ENLARGE ANY PIT OR EXCAVXIFION, I , FENCING OF SUCH PXTS, PROVIDING FOR HAULING OF * EXCAVATED ISATERIAL, REPAIRING PUBLIC HIGHWAYS, STREETS MD VAYS, AND PA3AENT OF THE COST THEREOF, DRATNING OR FILLING IM AND LEVELLING SUCH PITS, TAXING AND COLLECTING COSTS THEREOF, ESTABLISEIHG PRIMA FACIE RUL;E OF EVIDENCE OF NEGLTGENCE, AND PENALTIES FOR VIOLATION 1 The Vsllage Council of the Village of Edlna do orda5n as follows: Sectfon 1, Open pfts or excavat;ions, as used 9n this ordhance - shall mean: 1 {a) Any artificfal excavatlon of the earth, vdthtn the Village, dug, excavated or made by the removal From the natural surface of the earth of sod, soif, sand, gravel, stone or other matter, creating a depression or depressions, exceeding in any one place 200 Squkre feet of surface area, the bottom OP lowest point of vhich shall be tvo feet or more below, or lower, than, the level of the-adjoi-g unexcavatdd land; in t7hLch depression, pft or excavation water may fall, gather, collect and rematn stagna&, putrid or polluted; or ~Mch dpressAon may be or become dangerous, from the standpoSnt of public safety or health, or to ch children therein or thereby; or vJh%ch depression may become a public nuisance, OF deteriorate the value of adjacent propert$. Depressions, pSts or excavatSons made for the purpose of the foundation, cellar or basement of some Emmediately pending superstructure to be erected, built orplaced thereon contempos?- aneously vith, or hmedfakelg f ollouring such excavatShg, and covering or to cover such excavated pft or depression when -- completed, are excepted, if a build9ng permit has been fssued, 1 I Section 2, Person, or persons, as used in this ordinance shall be understood to mean every natural person and every copartnership, corporatfon and association, and Councf.1 shall mean Village Comcil. Section 3. No pereon shall hereafter dig, excavate, make or mafntaln, wZthin the VZlTage, any open p9t or excavation, as hereln deflned, or exiLarge the sameo without first making an applicatfon for, and obtaining from the Tillage Comcfl a pe-t therefor, i 1 Section 4. Application for such pedt shall be made in such form, and the applicant shall furnish such information as shall be required by the Council and among other things shall state the full and true name and address of the applicant; the description of the location of the land where such p3.t or excavation is, or is to be dug, excavated, made or maintained; what the purpose, area and depth of such pit or excavation is or 1s to be; the estinated premises; the hzghway, street or streets, or other public ways in the Village upon and along which such materid for removal is to be hauled or carried; and the time, as near as may be, when such new excavating will comence, and be finished. Such application shall be ffled with the Village RecordeY at least five days before being acted upon by the Village Council, unless the Council shall unanimously consent thereon within a shorter time, in which case action may be taken whenever the council may see fit. The Council may-require a map or plat of said proposed pit or excavation to be made and filed with the application, before acting on the same, showing the confines or limits thereof, together with the proposed depth thereof at different parts thereof. The fee for a permit shall be two ($2.00) dollars which shall accompany the application there68;?, { I 1 Section 50 The Council, as a prerequisite to the granting of a permit, or after a permit has been granted, may requlre the applicant to whom such permit is$ues, to: (a) Properly fence any pit or excavation; (b) Slope the banks, and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks; ' (c) Properly drain, fill in or level any pit or excavation, after created, so as to make the same safe and helthful, as the Village Council shall determine: (d) Keep any pit or excavation within the limits for which tae particular perdt is granted; and (e) Remove excavated material from any such pit or excavation, away from the premises, upon and along such highways,streees, or other public ways as the Council shall order and direct. Section 60 (a) The Council may require the applicant to post a bond, in such fomn and sum as the Council shall determine, with sufficient surety running to the Village, conditioned to pay the Village'the extra- ordfnary cost and expense of repairing, from time to time, such highways, streets or other public ways along such designated route of travel, caused by the special burden rexulting from such hEeu3Png &idtravel, in removing material for any pit or excavation, the amount of such cost and expense to be determined by the Village Ebgineer; and conditioned further to comply with all the requirements of this ordinance, and the particular permit, and to pay such expense as the Village may incur by reason of doing anything required to be done by any applicant to whom a permit issues. (b) Any applicakt to whom such permit is granted, or the owner of any premises upon which such a pit or excavation Zs, or is hereafter dug, made or maintained, who shall refuse, neglect or fail to fence, guard, properly drain or fill.fn, and so level, any such pit or excavation when ordered or required by the Village Counc5.1 so to do, as promptly as sane can reasonably be done, shall be guilty of a violation of this ordinance, and in addition thereto, the failure to comply with such an order, after notice, and the continuance and maintaining thereafter of such a pit or excavation, shall be prima facie evidence of negligence, in any ,&ion by any person thereafter injured or damaged to person OP property thereby; and (c) The Village Counci1, after making such m order, requiring the fencing, guarding, draining or filling in and leveling of any such pit or excavation, as stated in the next preceding sub-pawagraph (b) of this section, and after notice in whiting of such order given to the applicant for such permit, and/or to the owner of such premises whereon such pit or excavation is, may, if such applicatn or owner does not, promptly and within reasonable time, comply with the requirements of such order, proceed to cause such fencing, guaTding, draining and/or filling in and leveling of such pit or excavation to be done, the cost of such work shall be taxed against the property whereon such pit or excavation is situate; or the Village *I' h I -4 I 652 may at its option proceed to collect such cost by an action against the applicant for such perm&%, pd his sureties if a bonk edsts, Seckfon 7, Any person who shall violate any of the provisions of tMs ordinance shall be punished by a fine of not less than One Dollar and not more than One Hundred Dollars, besides the costs, and In default of payment, shall be imprisoned in the County Jail until papent is made, not exceeding 90 days in all. Each day of violation shall constitute a separate offense and be punished accordingly. Section 8. If any sectlon or part of this ordinance shall be held by any court having jurisdiction to be invalid, the remabbg valid portions thereof shall be and remab in full force and effecte 3 Section 9, Thls ordinance shall %&e effect and be 4n force from and after its passage and publication according to law. Passed the Village Council th3.s twent ATTEST: Truskee Gebo moved adoBtion of the above ord2nance, seconded by Clerk Hawthorne and carried unanfmously. Letters from Ralph Johnson requesting pay raises for Charles Johnson, Sam NcCready and Silas Herpet* and from John Lyon, requesting a pp3,raise for hhself were rece2ved and laid over for action at the next meeting. mere bebg no further business Pro come before the comcfl, President Sharpe declared the meeting adjourned at 11t30 p.m. 3INUTES OB THE REGULAR BEETING OF THE EDIJJA VILLAGE COUNCIL HELD IN VILLAGE lwLL -4T 8 €'.&I. JUNE 14, 1943 President Sharpe called the meeting to order and all members of the council vere present. Zinutes of the regular council meeting of Eay 24, 1943, mere read and approved , Eonthly commit%ee reports mere read and approved, George C, Christopher, 5656 Wooddale Avenue, appeared to inquire -hat might be done to relieve drainage of mater into his basement. Because of the difficulty of undertaking a storm semer construction Christopher, President Sharpe instructed Engineer Smith to open a sanitary sewer pipe near Christopher's property, A delegation of residents in the vicinity of Fifty-second street and Halifzx avenue appeared to reauest oiling of Pifty-second street, improvement of drainage on Fifty-second street east of lialifax avenue and moving of meeds on vacant lots in that vicinity, The delegation vias assured Fifty-second street from Halifw to Arden avenues would be oiled to the e-rtent allorred by the federal govern- ment and Engineer Smith \vas instructed to determine what should be done-to improve drainage east of HalifaP avenue. I . project during wartime and to provide temporary relief for