<br />MINUTES OF THE REGULAR MEETING OF THE
<br />EDINA VILLAGE COUNCIL mLD AT VILLAGE HALL ON
<br />MONDAY, MARCH 3, 1969
<br />Members answering rollcall were Councilmen Courtney, Johnson, Shaw and Van
<br />Valkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen.
<br />STREET IMPROVEMENT BA-138 APPROVED. Affidavits of Publication in the Edind
<br />Sun on February 20 and 27 and of Mailing on February 21, 1969 were presented by
<br />Clerk, approved as to form and ordered placed on file. Pursuant to due notice
<br />given, public hearing was conducted and action taken as hereinafter recorded for
<br />CONSTRUCTION OF OPENING, GRADING, GRAVELING, PERMANENT STREET SURFACING AND
<br />CONCRETE CURB AND GUTTER IN TH!3 FOLLOWING:
<br />Mr. Hyde presented total estimated construction cost at $3,294.14, proposed"t0
<br />be assessed against abutting properties.
<br />this improvement at the meeting of January 20, 1969, pending receipt of the
<br />Village Attorney's opinion as to the legality of placing a barricade on a
<br />public street.
<br />indicating whether the Village has the authority to regulate traffic on streets
<br />or public roads by installation of a barrier and that from the few cases on the
<br />East Coast, it would appear that this action could be taken only in the event
<br />of an actual traffic problem and not merely in anticipation of a problem. At
<br />the request of Dr. Henry Einan, 4908.SUnnysi.de Road, who advised that he was
<br />acting as neighborhood spokesman, Mayor Pro,Tem VanValkenburg read the letter of
<br />Dr. K. A. Prem which had' been sent to Council. 'This letter stated that residents
<br />would support opening the road with a limited, inexpensive improvement without
<br />curb and gutter, provided a gate is installed.
<br />tion protesting the improvement has now been signed by all residents on Sunny-
<br />side Road.
<br />Fire Chief James McNellis urging the improvement as proposed as a measure of
<br />public safety.
<br />4602 Sunnyside Road, Mrs. A. C. Brion, 4706 Sunnyside Road, and three unidenti-
<br />fied gentlemen repeated charges made at the previous hearing that this simprove-
<br />ment is not necessae.
<br />to provide adequate protection for all citizens and that since the Village
<br />Attorney has advised that a barrier cannot be installed in anticipation of a
<br />traffic problem, he moved that the improvement be constructed as proposed, with
<br />a traffic count to be taken at the present time and one taken after the improve-
<br />ment is completed. If there is an appreciable increase in traffic over that
<br />period of time, a gate will be erected which would be used only be emergency-
<br />replied to a charge from a member of the audience that he deeply resented the
<br />allegation that the matter was predetermined, emphasizing that Council makes no
<br />decisions before a hearing is conducted and that Council's actions are taken
<br />only in the interest"of all citizens.
<br />the possibility of installing the road as proposed.and in view of the adamant
<br />position of property owners, that the gate shoul'd now be installed,even against
<br />the advise of the Village Attorney.
<br />warning that if a barrier is installed, this matter could be challenged at some
<br />future time and that the Village would not pay to defend any such suit,
<br />man Courtney then moved that the improvement be authorized with immediate installa-
<br />tion of a gate which will be used only in the event of an emergency.
<br />seconded by Councilman Shaw and carried.
<br />following resolution and moved its adoption:
<br />' Mackey Avenue from 160' North of Sunnyside Road to West 44th Street
<br />He recalled that Council had tabled
<br />Mr. Uhitlock advised that he could find no Minnesota cases
<br />Dr. Einan advised that the peti-
<br />Mr. Hyde presented'letters from Police Captain Bert Merfeld and from
<br />Mr. and Mrs. Ben Bermel, 4603 Sunnyside*Road, Mr, Robert Burley,
<br />Councilman Shaw stated that it is the duty of the Council
<br />Additional discussion ensued following which Councilman Courtney
<br />Mayor Pro-Tem VanValkenburg then suggested
<br />Councilman-Shaw then withdrew his motion,
<br />Motion was
<br />Councilman Courtney then offered the
<br />RESOLUTION ORDERING STREET IMPROVEMENT BA-138
<br />BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
<br />Council heretofore caused notice of hearing to be duly published and mailed to
<br />cwners of each parcel within the area proposed to be assessed on the following
<br />proposed improvement:
<br />CONCRETE CURB AND GUTTER IN THE FOLLOWING:
<br />and at the hearing held at the time and place specified in said notice, the
<br />Council has duly considered the views of all persons interested, and being
<br />fully advised of the pertinent facts does hereby determine to proceed with the
<br />construction of said improvement, including construction of a gate to be used
<br />only in case of emergency and including all proceedings which may be necessary
<br />in eminent domain for the acquisition of necessary easements and rights for
<br />construction and maintenance of such improvement; that said improvement is
<br />hereby designated and shall be referred to in all subsequent proceedings as
<br />STREET IMPROVENENT BA-138; and the area to be specially assessed therefor shall
<br />include Lots 2 ihru 13 incl., Block 2, Lots 1 thru 8 incl., Block 3, Lots 4
<br />CONSTRUCTION OF OPENING, GWING , GRAVELING, PE-ENT STREET SURFACING AND
<br />Efackey Avenue from 160' North of Sunnyside Road to l?est 44th Street I