MINUTES OF THE REGULAR MEETING OF THE
<br />EDINA VILLAGE COUNCIL HELD AT VILLAGE-HALL ON
<br />MONDAY, MAY 4, 1970
<br />Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken-
<br />burg and Mayor Bredesen.
<br />MINUTES of April 20, 1970, were approved as submitted by motion of Councilman
<br />VanValkenburg, seconded by Councilman Johnson, and carried.
<br />OLD LIBRARY SITE DISCUSSION CONTINUED TO June 1, 1970. Mr. Hoisington recalled
<br />that an attempt has been made to obtain fifteen out of twenty signatures of the
<br />property owners between W. 49th and W. 50th Streets on Maple Road, but that so
<br />far only three property owners had signed the release tb.the deed restrictions
<br />contained in the deeds which originally conveyed the library site and the buffer
<br />strip to the Village. Mr. Roger Gronlund, 4929 Maple Road-, said that his
<br />attorney had advised that the proposal of-the Village was not bad if the fifty
<br />foot buffer zone was given to the abutting property owners, and also said that
<br />property owners would like to see plans for the area. Mr. Hoisington showed
<br />plans which had previously been submitted and showed to property owners. Mrs.
<br />Wesley H. Hauck, 5029 Indianola Ave., questioned the meaning of a portion of
<br />the opinion written by Mr. Whitlock on March 11, 1970. Mr. Erickson advised
<br />Mrs. Hauck that public property cannot be acquired by private parties•by
<br />adverse possession. Mrs. Hauck was told that the buffer strip had never been
<br />deeded to adjacent property owners. In reply to Mayor Bredesen's comment that
<br />Mrs. Hauck is not a Maple Road property owner, Mrs. Hauck said that her interest
<br />is in the traffic problems which could be caused by action taken in this area.
<br />Following some discussion, Councilman Johnson moved that the matter be continued
<br />to June 1, 1970, with the understanding that if releases are not received from
<br />the fifteen property owners by that time the property will be returned by the
<br />original doners. Motion was seconded by Councilman Courtney and carried. (See
<br />correction in Minutes of May 18, 1970)
<br />PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. Affidavits of Notice were
<br />presented by Clerk, approved as to form and ordered placed on file. 'Pursuant
<br />to due notice given, public hearings were conducted and action taken as here-
<br />inafter recorded:
<br />A. CONSTRUCTION OF GRADING AND GRAVELING IMPROVEMENT NO. P -C -102 IN THE FOLLOW-
<br />-:.W. 76th Street from France Avenue to Xerxes Avenue
<br />As recommended by Mr. Dunn, Councilman Shaw's motion continuing the hearing on
<br />Grading and Graveling Improvement P -C -102 to May 18, 1970, was seconded by
<br />Councilman Johnson and carried.
<br />B. CONSTRUCTION OF WATERMAIN AND STREET REPAIR IMPROVEMENT N0. P -WM -255 AND
<br />APPURTENANCES IN THE FOLLOWING:
<br />Dundee Road from East -West Dundee Road to Ayrshire Blvd.
<br />Ayrshire Blvd. from Dundee Road to Mirror Lakes Drive
<br />Mr. Dunn noted that this project has been reduced from the project of the same
<br />number proposed on April 6, 1970. The reduced project is being proposed at
<br />this time as requested by signers of a petition representing twelve property
<br />owners which had been originally submitted on,October;22, 1969. Mr. Dunn pre-
<br />sented total estimated project cost at $43,367.09,,proposed to be assessed
<br />against 20 assessable lots at an estimated cost of $2,168.35 per assessable lot.
<br />Dr. D. M. Olson, 5504 Dundee Road, said that he had been out of town at the -
<br />previous hearing and that at least half of the signers of the petition ware
<br />now present. Mr. Andrew F. Thomson, 5816 Ayrshire Blvd., protested that this
<br />hearing was illegal since Council had denied the petition on April 6 and
<br />referred to his letter written on April 25, 1970, urging that this project be
<br />abandoned, particularly in view of the lack of interest of those who had signed
<br />the petition as presented on April 6. Village Attorney Erickson said that he
<br />knew of no statute which would prohibit authorization of the improvement once
<br />the petition had been denied. Mr. V. A. Lufi, 5505 Dundee Road, said that he
<br />doesn't car whether there is a loop in the watermain at this time. At Mr.
<br />Dunn's suggestion that a "T "could be installed Iso that Mr. Thomson's property
<br />could be served at a later date, Mr. Thomson said that he would not want the
<br />"T" if he would have to pay for it. Mayor Bredesen advised Mr. Thomson that if
<br />the "T" was installed, Mr. Thomson's property would be assessed. No further
<br />discussion was heard, whereupon Councilman Courtney's motion that Ayrshire Blvd.
<br />be deleted from the project and that no "T" be installed was seconded by Council-
<br />man Johnson and carried. (See Resolution Ordering Improvement later in Minutes.
<br />C. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER
<br />IMPROVEMENT P -BA -166 IN THE FOLLOWING:
<br />Porter Lane from Code Avenue to Birchcrest Drive
<br />ISr: Dunn recalled that this project had been heard on April 6, 1970, but that
<br />this new hearing was being conducted since it was proposed to assess frontages
<br />for one- half,block in each direction in accordance with Village assessment