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7/17/67 <br />MINUTES OF THE REGULAR MEETING OF THE <br />MONDAY, JULY 17, 1967 <br />EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON <br />N e <br />Yembers answering rollcall were Trustees Courtney, Johnson, MacMillan, VanValkenburg, <br />and Mayor Bredesen . <br />MINUTES of the meeting of July 10, 1967, were approved by motion of Trustee VanValkenburg, <br />seconded by Trustee MacMillan and carried. <br />PUBLIC HEARING CONDUCTED ON PROPOSED STORM SEWER. Stating that this public hearing for <br />the storm sewer proposed to be constructed on West 56th Street between Brookview Avenue <br />and Woodcrest Drive-had been continued from the meeting of June 19, 1967, in order that <br />opponents could have an opportunity to secure legal and engineering advice relative to <br />the prescriptive right of owners of high properties to drain surface water into the low <br />area at West 56th Street and Woodcrest-Drive, Mr. Hyde advised that the Village had not <br />been contacted by any attorney or engineer relative to the storm sewer. <br />from the Village Attorney's opinion that the owners of the high ground had acquired no <br />prescriptkve right to drain their surface water to the slough for the reason that such <br />drainage was not adverse as long as the lower property was in an unimproved condition. <br />Mr. Whitlock also advised that in his opinion the owner of the low ground was free to fill <br />and improve his property and further that the former slough is not the only property <br />likely to be benefited by the improvement. 14r. Hyde stated that it is recommended that <br />the storm sewer be installed as originally proposed at the meeting of May 15, 1967, but <br />that the assessment area should include properties in Colonial Grove 5th and 6th Addition, <br />Shady Pines, and Minnehaha Woods which had been added to the drainage area and notified of <br />the June 19th meeting. <br />area at the rate of $0.018 per square foot. Mr. Vern G. Linder, 5441 Woodcrest Drive, <br />and Mr. C. A. Kuntz, 5437 Woodcrest Drive, both stated that they did not think it fair <br />to assess the Woodcrest hill property and suggested that the project could be constructed <br />less expensively by the use of a series of drains with grillwork in the curbing of the <br />low area. <br />equate. He furthep stated that competent hydraulic engineers have been consulted, and <br />that they have concurred that the plans proposed by the engineering department are the <br />most satisfactory method of solving the problem. Mr. Arthur Leonard, 5532 Brookview <br />Avenue, stated thaV vehement objections had been expressed at each of the preceeding <br />meetings and that in a democracy the desire of the majority should rule. <br />advised Mr. Leonard that this is a republic as well as a democracy and that in a republic <br />those who share in a problem should share also in the relief of that problem. He pointed <br />out that many property owners do not make use of the schools, police or fire departments <br />of a municipality, but that they still pay for these servic es as a part of their tax <br />bill. Mayor Bredesen then read a letter signed by Mr. and Mrs. C. B. Clemetson, 5427 <br />Woodcrest Drive, who stated that they opposed being assessed for the storm sewer. <br />Bredesen further advised that there has only been one storm sewer installed in the Village <br />which has not been opposed by some property owners. <br />two ways in which to assess storm sewers, one method being to charge the cost against <br />General Funds, and the other method by assessing all the properties in the drainage <br />district. <br />General Funds, property owners in this storm sewer district would have paid more over the <br />years than this assessment will cost. <br />Brookview Avenue, Mr. Hite repeated the recommendation of the Village that pipes be laid <br />along West 56th Street between Brookview Avenue and Minnehaha Creek at an estimated cost <br />of $29,432.98 proposed to be assessed against properties in the drainage district at <br />1.8e per square foot, and that no credit be given for cost of storm sewers already in- <br />stalled' in the low area. <br />moved its adoption: <br />Mr. Hyde quoted <br />Mr. Hyde further advised that it is proposed to assess the benefited <br />Mr. Hite advised that this approach had been considered and found to be inad- <br />Mayor Bredesen <br />Mayor <br />Mr. Hyde pointed out that there are <br />He pointed out that if the Village had originally charged storm sewer cost to <br />Upon the request of f4r. Henning Blomgren, 5536 <br />Trustee MacMillan then offered the following resolution and <br />RESOLUTION ORDERING <br />STORM SEWER IMPROVEMENT NO., 110 <br />BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council here- <br />tofore caused notice of hearing to be duly-published and mailed to owners of each parcel <br />within the area proposed to be assessed on the following improvement: <br />CONSTRUCTION OF STORM SEWER AND APPURTENANCES IN THE FOLLOWING: <br />West 56th Street from Minnehaha Creek to Brookview Avenue <br />Brookview Avenue from West 56th Street to West 55th Street <br />West 55th Street from-Kellogg Avenue to 134.9' East of Brookview Avenue <br />and at the hearing held at the time and place specified in said notice, the Council has <br />duly considered the views of all persons interested, and being fully advised of the <br />pertinant facts, does hereby determine to proceed with the construction of said improve- <br />ment as described in the published notices of said hearing except storm sewer pipe shall <br />be eliminated in Brookview Avenue from West 55th Street to West 56th Street, in West 55th <br />Street from Kellogg'Avenue to 134.9' East of Brookview Avenue and in existing systems in <br />Colonial Grove 5th and 6th Additions;Lincluding all pyoceedings which may be necessary in <br />eminent domain for the acquisition of necessary easements and rights for construction and