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'! 5/16/66 <br />MINUTES OF THE REGULAR MEETING OF THE <br />EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON <br />MONDAY, MAY 16, 1966 %* .. . .I <br />Members answering Rollcall were Trustees Johnson, MacMillan, Tupa, VanValkenburg and <br />Mayor Bredesen. <br />MINUTES'of May 2, 1966, were approved as submitted by motion of Trustee VanValkenburg, <br />seconded by Trustee Tupa and carried. <br />due <br />and <br />A. <br />Mr . <br />STORM SEWER NO. 104 IN SUNNYSLOPE DISTRICT ORDERED ABANDONED, <br />on May 6 and of Publication in the Edina-Morningside Cornier on t4ay 5 and 12, 1966, <br />were presented by Clerk, approved as to form and ordered placed on file. <br />Affidavits of Mailing <br />Pursuant to <br />notice given, Public Hearing was conducted on the following proposed improvement <br />action was taken by Council as hereinafter recorded: <br />CONSTRUCTION OF STORM SEWER IMPROVEMENT LN THE FOLLOWING: <br />On an easement line from East Sunnyslope Road to a point in Lot 13, Block 1, <br />Sunnyslope Section, Country Club District, said point being 45 feet west of <br />the east line of 65 feet south of the north line of said Lot 13, <br />Hyde stated that this is a re-hearing after Council had taken action on March 7, 1966, <br />authorizing the improvement, and involves drainage from a low spot on private property <br />under Sunnyslope Road and into the creek. <br />proposed to be assessed at an estimated ,0263+ per squwe foot. Mr. Hugo G. Erickson, <br />Registered Professional Engineer, stated that he represented Mr, A, 1. Raugland, <br />4821 I?. Sunnyslope Road,, and presented letters written by several architectural and <br />consulting engineers, as welL as a petition signed by owners of eleven properties, which <br />requested that action taken relative to Storm Sewer Nob 104 be rescinded, <br />stated that he would recommend that Mrs. Mann regrade her lot rather than attempt a <br />shallow storm sewer which would flow into Minnehaha Creek. <br />question as to the effectiveness of a swale, Mr. Erickson stated that he was sure fhat <br />the construction of a swale would alleviate blrsb 1iIann's problem but that he believed <br />the grading required would be detrimental and cause an inconvenience to the owners of <br />the property through which the swale would run, <br />as to whether there would be a pond at the rear of Mrs. Nann's lot if a retaining wall <br />was built, Nr. Erickson stated that the grade could be raised so that the water would <br />flow out. Mayor Bredesen asked the affect of a retaining wall on the appearance of <br />Mrs. Mann's property and was told by Mr. Raugland that he believes that it would enhance <br />the appearance of the home, particularly if a patio would be added. <br />that he feels that a change in the contom of the land has occurred prior to the <br />flooding of bks. Mann's property in 1965 which has forced additional water to drain <br />to the Mann property, and stated that Mr, Erickson's solution is not very dif€erent <br />from the solution suggested by the Village. <br />changes have been made. <br />re-grading, a dry well can be constructed which would take care of excess water. <br />advised Mr. Raugland that dry wells are totally useless after the first year they are <br />installed and when the ground is frozen. <br />of the Village in the event that the depth of the resulting pond would be dangerous to <br />children. <br />of the entire community and that it should do all possible to prevent a situation which <br />could cause a potential tragedy, <br />Mrs. Mann fills her lot as suggested by Mr. Raugland, a pond with a depth of over two <br />feet would result. <br />third party decide on a solution to the problem, <br />as to whether he would allow a swale to go through his property, Mr. Jones stated that <br />he believes that a swale would be too detrimental to the Gravelle property. <br />B~edesen then asked the Village Attorney if the Village would be liable for any damages <br />which might result from grading done by Mrs. Mann. <br />not believe that either the Village or Mrs, Mann would have any responsibility for <br />water damage to other properties, <br />and moved its adoption: <br />Cost was estimated at $4,689.58 which is <br />Mr. Erickson <br />In reply to Mayor Bredesen's <br />In answer to Trustee Johnson's question <br />Hr. Hite stated <br />Mr. Hite was assured that no such topography <br />Nr. Raugland stated that if a pond should result from the <br />t4r. Hite <br />Discussion ensued over the responsibility <br />Mayor Bredesen stated that the Council has a responsibility to the safety <br />Mr, John Dickson, Hydraulic Engineer, stated that if <br />Mr. Frank Jones suggested the possibility of having an impartial <br />In repLy to Mayor Bredesen's question <br />Mayor <br />Mr. Nhitlock replied that he does <br />Trustee Tupa then offered the following resolution <br />RESOLUTION RESCINDING I RESOLUTION ORDERING IMPROVEMENT NO. ST. Sn 104 <br />BE IT RFSOLVED by the Village Council of the Village of Edina that the Resolution <br />Ordering Storm Sewer Improvement No. 104 is hereby rescinded, and <br />BE IT RESOLVED that Mrs. Clarence Mann be allowed the privilege of grading her <br />yard as she wishes in order to prevent the repetition of flooding conditions to her <br />basement, and <br />BE IT FURTHER RESOLVED that the Village of Edina is hereby relieved of a11 <br />responsibility for damages which might occur due to re-grading done by Mrs. Mann, <br />Notion for adoption of the resolution was <br />rollcall there were five ayes and no nays <br />VanValkenburg and on <br />ATTEST : <br />Village Clerk