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49 i <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, 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 />vehicles. <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 />I <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 />. <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 />Council- <br />Motion was <br />Councilman Courtney then offered the <br />- <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