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17 <br />MINUTES OF THE REGULAR MEETING OF THE <br />EDINA VILZAGE COUNCIL HELD AT VILLAGE ~~LL ON . MONDAY, JANUARY.20, 1969 <br />Members answering rollcall were Councilmen Courtney, Johnson ,, Shaw , VanValkenburg <br />and NayoY Bredesen . <br />OATH OF OFFICE was administered by the Clerk to Councilman Richard C, Johnson <br />whose term of office will expire on January 1, 1972. <br />MACKEY AVENUE STREET IMPROVEMENT TABLED PENDING RECEIPT OF OPINION OF VILLAGE <br />4TTORNEY AS TO LEGALITY OF CLOSING PUBLIC ROAD. <br />presented by Clerk, approved as to form and ordered placed on file. Pursuant <br />to due notice given, public hearing was conducted and action taken as herein- <br />after recorded: <br />CONSTRUCTION OF STREET IMPROVEMENT P-BA-138 in Makcey Avenue from 160 feet <br />North of Sunnyside Road to West'44th Street. <br />Mr. Hyde presented total estimated construction cost at $3,294.14 for construc- <br />tion of opening, grading, graveling, permanent' street surfacing and concrete <br />curb and gutter in Mackey Avenue between Sunnyside Road, across the old street <br />car right-df-way to connect with West 44th Street, proposed to be assessed <br />aginst benefited properties on Mackey Avenue and Sunnyside Road Vest of <br />Browndale Avenue at either $1.09 per assessable foot or against 38 estimated <br />assessable lots at $86.68 estimated cost per lot. <br />improvement was dedicated for street purposes as part of the original plat <br />but had never been opened. <br />this area is presently from T.H. 100 and that such access will soon be elimin- <br />ated with the change of Highway 100 to a limited access expressway facility. <br />He also said that since Sunnyside Road is only eighteen feet wide, it would <br />be extremely difficult for emergency vehicles to serve this area adequately <br />during periods of heavy snow, it seems imperative that Mackey Avenue be opened <br />at this time. <br />received from Mr. R. V. Gisselbeck, 4500 Browndale Avenue, and letters oppos- <br />ing the improvement from Mr. Benjamin..Bermel, 4603 Sunnyside Road,and from Mr. <br />War.ren Maul, 4601 Sunnyside Road. <br />made by Mr. Maul who had written that he had not received notice of this hear- <br />ing and that he "experienced no such difficulty with assessment and taxation <br />notices." <br />ing, but that he is sure that mistakes are made in assessment notices and <br />tax stateinents as well and that Mr. Maul's remarks were ill-advised. He said <br />that he hoped that Mr. Maul's neighbors will relate these comments to him. <br />Dr. K. A. Prem, 4806 Sunnyside Road, advised that he has talked kth neighbors <br />and that he does not feel that it is probable that an emergency would occur in <br />this area and that in the event of an emergency, cars could be driven into <br />driveways to allow the emergency vehicles to pass. He protested that this <br />improvement would significantly increase the volume of traffic in the area <br />and that this would pose a danger to young children. While-noting-that <br />property owners do not object to paying for the improvement if it is absolutely <br />necessary, <br />could be opened for emergency vehicles and-snow plows. <br />petition which he had circulated among seventy home owners, advising that only <br />six had refused to sign the petition. <br />only concerned about the increase in traffic. Mayor Bredesen pointed out that <br />Council is also concerned about bringing additional traffic into any residential <br />street of the Village, but that it is not anticipated that this improvement <br />would cause any such result'. Village Attorney Whitlock advised that he had <br />been unable to find any case determining whether it was legal to block a public <br />street. <br />'Pierce, Walter Flumerfelt, C. S. Walker, Mrs; A. C. Brion and Dr. H. J. Zahalka <br />concurred with Dr. Prem's remarks and added that Sunnyside Road is too narrow <br />to handle the additional traffic which would exist if Mackey Avenue is opened <br />as proposed. <br />SunnysidelRoad is not widened sufficiently when it is plowed. Dr. H. 0. <br />Einan, 4903 Sunnyside Road,.complained because the existing emergency access to <br />T.H. 100 has not been plowed, and could not; 'therefore, be used should an <br />emergency arise. <br />rected. Mayor Bredesen advised that it is the responsibility of the Council <br />to protect the lives and property in the community and that after the T.H. <br />100 construction, there will be no emergency access to protect the thirty-five <br />homes in the area. <br />be severely criticized for not providing for proper access to these homes. <br />Affidavits of Notice were <br />The land necessary for such <br />Mr. Hyde pointed out that emergency access into <br />Mr. Hyde advised that a letter favoring the improvement had been <br />Mayor Bredesen took exception to a statement <br />Mayor Bredesen noted that a mistake may have been made on this mail- <br />he proposed a lesser improvement of some type with a gate which <br />Dr. Prem presented a <br />He also emphasized that residents are <br />Sunnyside Road residents, Messrs. G. R. Burley, Thomas Hayes, Peter <br />Dr. Frank S. Wright, 4600 Sunnyside Road, complained because <br />He was assured by Mr. Hyde that this situation would be cor- <br />He noted that if an emergency should arise, Council would <br />I.