<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 />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requested that action taken relative to Storm Sewer Nob 104 be rescinded,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 />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 />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