9 /14 /ijii 223
<br />3/24/54 - To Ttxaco, IilC. - $1,125.47 - General Fund
<br />air2 3/25/54 - To City of Xpls.- . 97.25 - ,;ater Fund
<br />aid .For prjment of tile following Claims as ier Prs-List dated SaJtedxi. 14, 1964:
<br />GYiiepal fuici, $26,051.77; Construction Fund, $15,388.75; Pa~k, Park Construction,
<br />jrrim Pool and Golf Course, $64,483.12; ilaterrTorl;s Fund, $8,075.73; i&uw Fun&,
<br />$209,531.Y0; Sewer Xaital Fund, $2,393.53; P.I.R. and Poor Funds, $1,571.47--
<br />'i'bTAL PI--LIST3 $327,692.27-- was seconded by Rixe arid capried,
<br />Ti& matinuts agsnda's navink besn covered
<br />xcondau UJ VanValkenburs and carried.
<br />Tuja moved for adjouriinent . riotion
<br />kdj&5$iiLant at 10 : 50 P. 11.
<br />NINUTES OF THE REGULAR I4EETING OF THE
<br />EDINA VILLAGE COUNCIL HELD HONDAY,
<br />SEPTEbiBER 21, 1964, AT 7:OO P.M., AT
<br />THE EDINA VILLAGE HALL
<br />blembers answering Rollcall were iiIacE.lillan, Tupa, VanValkenburg and Bredesen .
<br />LLIIISUTES of the Regular Meeting of September 14, 1964, were approved as submitted, by
<br />motion VanValkenburg, seconded by 14acMillan and carried.
<br />WljAAING Oil FEdCE IN BOULEVARD AT 5501 HANSEiJ ROAD CONTIZJUED Ii?DEFII?ITELY,,,. FOR^ , I
<br />ORDIdAiJCE PXLATIVE TO ALL STREET OhGTRUCTIOiG. i4rs, Stuart F. Atsatt, 5501
<br />Hansen=, and her attorney, 14r. KLaverkamp, attenued the meeting to hear Council's
<br />disposition of the order by the Village Building Inspector for renioval from the
<br />Village boulevard of the Atsatt's swimming pool fence; this fence being five feet
<br />outside the ilindsor Avenue curb line.
<br />the Council that while Piinnesota law is not as clear as it might be, it is his
<br />conc1usion"tnat the Village has the right to regulate the use by tne abutting
<br />owner of the boulevard area of the property in which the Village has an easement
<br />for street purposes provided the Council finds that the abutting owner's use interferw
<br />with the use of the traveled portion of the street,"
<br />municipalities the power to regulate the use of streets and other public grouncis, to
<br />prevent encumbrances or obstructions, by ordinance , but there appears to be no Edina
<br />ordinance which implements this broad grant of power to order removal of obstructions
<br />or encutbrances; that there remain two courses to follow to have the fence rei,roved,
<br />if Council wishes to so act: 1. A civil suit in ejectment to recover 2ossession of
<br />tile boulevard area, or 2. Criminal proceedings alleging a violation of ordinance
<br />do. 142, Section 16--but, that in his opinion, a more satisfactory solution of tna
<br />overall question of the use of boulevard-are is the adoption of an ordinance
<br />iiiiplenienting i4innesota Statutes Section 412.221, Subd. 6. IIr . Klaverkamp told
<br />Council that the Ataatts had made an effort in this particular situation to keeg
<br />all Villade ordinances; that they have been willing, since ilr. Smith wrote them, to
<br />remove the fence if there is any real reason to do so, but that the fenca does not
<br />interfere with the travelled portion of the street; that they feel tiiere will be
<br />no problem with snow removal, and are perfectly willin& to wait and see mat
<br />happens on snow removal; that the Atsatts would have to go to great expense to
<br />remove tne fence, and that there is no clear-cut law which states they must do so,
<br />He added that what the Atsatts do not like is the complaint by a neighbor wno does
<br />not even live on the street.
<br />the Village Hall" had approved construction of the fence in the boulevard; and, at
<br />iilr. Klaverkamg's statement that it was thought to be i4r. Waldo Wegner, former
<br />Village Lngineer, Nanager Hyde read a letter from Mr. Negner, disclaiming any
<br />sucll aj?proval. Mr. Hyde explained that the pool permit had been taken out by the
<br />swimming pool contractor, who has never called back to say the pool was finished,
<br />and that pool has thus had no official inspection.
<br />tliat someone had been out to inspect the pool after it was finisned.
<br />Klaverkamp presented a petition, signed by nine kiindsor Avenue neighbors of the
<br />Atsatts, assenting to the fence's present location. Some discussion was had on
<br />Village Attorney William W. Hhitlock advised
<br />He added that the Statute givlss
<br />Claim had been made by the Atsatts that "someone in
<br />&irs. Atsatt stated, however,