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
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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,
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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,
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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 ($2.00) dollars which shall
accompany the application there68;?,
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Section 50 The Council, as a prerequisite to the granting of a
permit, or after a permit has been granted, may requlre the
applicant to whom such permit is$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
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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
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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.
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. project during wartime and to provide temporary relief for