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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 />ING: <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 <br />