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HomeMy WebLinkAbout19590727_19590803_regular_adjourned7/27/59 CLAIhfS PAID. Dickson's motion for payment of the following Claims, as per Pre-List ,dated July.27, 1959, was seconded by Tupa and carried: Geneial Fund $16,666.68 - Liquor Fund $42,481 . 71 Construction Fund 91 y 689 -91 Sewer Rental Fund 15 y 483.37 Park & Park Const. 11,587.55 Poor & PIR Funds 39558.80 Waterworks Fund 3,651007 TOTAL $185,119.09 Kohler then moved for adjournment to Monday, August 3, 1959 at 7:OO P.M. Motion seconded by Tupa and carried. Meeting ad$o€i$ned at 11:lO P.I.1. c ..?- Village clerk MINUTES OF THE ADJOURNED PORTION OF THE JULY 27, 1959 REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, AUGUST 3, 1959, AT 7:OO P.M., AT THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Kohler, Tupa and Bredesen. PUBLIC: HEARINGS ON PROPOSED STORM SEVER IMPROVEMENTS: Clerk presented Affidavit of Pu'blication in Edina-Morningside Courier July 23 and 30, 1959, of "Notice of Public Hearings on Proposed Storm Sewer Improvements", which affidavit was approved as to form and ordered placed on file. various hearings had been mailed to owners of affected properties within the drainage districts. AGnutes. were conducted, and action was taken as hereinafter recorded: Clerk also*informed Council that notices of the Copies of these notices are attached hereto and made a part of these Pursuant to published and mailed notices, the following Public Hearings PUBLIC HEARIXG 0P.l PROPOSED CONSTRUCTION OF A TRUNK STORM SEWER AND APPURTENANCES, INCLUDIKG CONSTRUCTION OF COXTROL WORKS THEREFOR; SAID TRUNK STORM SEAVER TO BE CON- GTRUCTED ALONG THE FOLLCY'IIKG ROUTE: "Beginning at the pond in the h'E1/4 S!'J1/4, Sec.31, Tvq3.28 N., R 24 U., at a pt. approx. 1240' W. and 460' S. of the center of Sec. 31; the -NEly along proposed drainage easements 440' more or less to the proposed street con- taining the Sanitary Trunk Sewer of the Village of Edina; th. parallel to said sanitary sewer and along proposed streets of the proposed addition by the Estow Corporation and South Garden Estates by proceeding E. about 650'; th. 14. about 180' to the E-W/4 line, Sec. 31; th. N. about 180'; th. E. about 67p',; th.'N. about 1130' to Yd.72nd St.; th. E, along H.72nd St. 350' more or less to the extended S. line of the Edina Grade School property; th. departing from the route of the said sanitary sewer and adjacent to the said E. line of the Edina Grade School property to W.70th St.; th. W. on W.7Oth St. to Cornelia Dr.; th. Nly along Cornelia Dr. to the extended N. line of Lot 17, B1. 1, Southdale First Addition; th. NlVly between Lots 16 and 17 of said B1. 1 to Lake I Cornelia" and "Beginning at the pond in the N1'11/4 SW1/4, Sec. 31, T. 28 N., R. 24 VI., at a pt. about 1220' 8. and 400' S. of NW Cor. of said NW1/4 SN1/4; th. V?. to the E. road ditch of State Trunk Highway 100; th. S. along said road ditch a dist. of 2800', more or less; th. W. across the Rcght-of-way of State Highway 100 to Nine Mile Creektt--the scope of said proposed improvement to include, besides construction of storm ,sewer, control works and other appurtenances, the acquisition oE all flowage and storage easements necessary for said proposed improvement. 200 persons the legal procedure followed in making improvements. tonight constitute the first phase of a proposed improvement consisting of some five Trunk Storm Sewers and 20 Laterals affecting about 1,600 acres and costing well over $1,000,000; that the improvements considered tonight consist of "Main #ltl--the key trunk main--and four laterals to drain the.area"s where storm drainage problems have already become critical. third attempt to provide drainage for the area in an economical, practical manner, with an equitable distribution of cost; other hearings having been held in August, 1957, and in June 1958; that construction of Trunk Main, as proposed this evening, is essentially the same as that originally proposed, but that the method of assess- ment is different and has been refigured by the Consulting Engineers on the bases of volume of water, cost of draining, need and value, for each respective area shown in the notice- of -hearing as mailed. Planning Director George Hite gave a short chalk-talk, demonstrating the savings to be made by using Lake Cornelia and "Normandale" pond as storage basins in lieu of draining completely by pipe. He told the audience that both the size of the pipe and the amount of the excavation involved are directly related to the Village's being able to use these ~VJO "reservoir$'. During his talk Mr. Hite reported that the amount of run-off in a wooded area is 1Qd; in a grassed area, IS$; and in a so-called "Paved" area of roofs, streets, sidewalks, driveways, the run-off increased to 80$-- and that in the area south of 70th Street 30;i is paved area. been consulted with regard to the problems this construction will involve; and that Hayor Bredesen opened this Hearing be reviewing for the large audience of about Manager Hyde reported that the five improvements being considered by the Council He told the audience that this Hearing represents the Manager Hyde told audience that the County and State Highway Departments have after considerable study and research the Village feel it does have the right to 19% 8/3/59 the storm waters from these proposed improvements into NinehMile Creek. that, if the Trunk Main--the key improvement, without which none of the proposed Latefals Carl' be constructed--is authorized this evening, construction' will not start until next spring; that assessment for cost would be over a ten-year period, beginning in 1961. A review was made of the proposed assessments for the Trunk Main, total cost estimated at $253,870.00 and proposed to be assessed in the various areas at costs from $.0016 to $.0287 per Square Foot, as shown in Notice of Hearing, for the respective areas to be drained. of the firm of Adolph Meyer and Associates, Consulting Hydraulic Engineers, officiate in answering any questions which might be directed on plans and proposed assessments. East of Valley view Road and North of rN.70th Street from the area proposed to be assessed for Trunk Main No. 1. questions, and Filr. Barr's composite expl,anation, and Manager Hyde's report. district established previously, which contributes water directly into Lake Cornelia is not assessed for this improvementd 2. fied with the plan for elimination of Southdale Shopping Center from the assessment area. (through which Southdale's water is now drained North to Ivlinnehaha Creek) will attempt to fill the swamp a: asg 1 for building lots, Mr. Clark stated that if there is the the Shopping Center District should be assessed at this time for their fair share of Main PJo. 1. Mr, G. L. Alexander, 6616 Southcrest Dr,, asked if it is true that the Southdale Shopping Center area will never need the use of the Lake Cornelia project; Mr. L.S. Clark inquired as to whether Southdale Shopping Center water can be kept out of Lake Cornelia in times of heavy storms and high water. Shopping Center would bear, should it be determined that it should be assessed. and Hyde as follows: age does not go directly into Lake Cornelia; that it drains into a small pond Northeast of Valley View Road, then Northeasterly into Lake Pamela and then North to Minnehaha Creek; and Mr. Barr stated that there is an overflow structure in operation at the present time and that a dyke has been built across the channel at the point where overflow would go into Lake Cornelia; that there will be another project proposed later to take care of water from Southdale Center area without detriment in any way to the project proposed here. office buildings, Southdale Center, Southdale Medical Building, etc,, is now fairly completely storm sewered into the ponds and thence North into Minnehaha Creek; that the storage volume into the ponds, considered at the time the sewers were constructed by Southdale, was not finally acquired and that it has been decreased from the amount planned, by the Village's taking some for the swimming pool park, the Highway Depart- ment taking some, etc. JAr. Barr stated that the area is completely storm sewered except for the storage; that several different means for storage are now under consideration, including the Garrison Lane Swamp. which might be more desirable would be around Lake Cornelia; that the Village does not have control over this property but could acquire more land around Lake Cornelia and make it more desirable for storage; that, if it should be decided to use Lake Cornelia as storage for Southdale waters, Southdale would be assessed for the cost of the additional storage space. To Mr. Alexander's question Mr. Barr replied that it is true that Southdale Center may never need the Lake Cornelia storage, if storage can be acquired elsewhere; that it would be to the advantage of Lake Cornelia to allow diversion of Southdale waters into it. Mr. Adolph Meyer augmented this statement by explaining that the level of Lake Cornelia cannot be maintained, in dry periods, without the help of some supplementary supply; that there will be years when the Village will welcome any water it can get, to maintain the lake level, He stated he feels that some provision should be made between Southdale and the Village Council for release of Southdale waters into Lake Cornelia when it is needed. To Mr. Francis' inquiry, Mr. Barr reported that, should Southdale waters be stored in Lake Cornelia, it is proposed to assess the Southdale area at $.0044 per square foot for the cost of the additional storage space required; that this proposed assessment will not change the proposed assessments against the areas shown on the accompanying map. concerning assessment of the Southdale Shopping Center area, providing that this area contributes anything to the Lake Cornelia drainage district; that, on the other hand, if no water is contributed by the area, no assessment should be made against it. Mr. William Crear, representing Southdale Center interests, stated he feels that the present plan is a good one; that Southdale Center is willing to pay its share of any assessment.where the center will use the drainage facilities. He stated i Mayor Bredesen then opened the Hearing for questions, asking that Mr. Douglas Barr Most of the questions directed to Mr. Barr concerned the exclusion of the area In the interests of brevity, Clerk is listing the 1. Mr. LA. Hirschey, 6804 Southdale Rda3 asked why a large part of the drainage Mr. L.S. Clark,6720 Southcrest Drive, stated that he, personally, is not satis- Stating that he would be willing to predict that the owner of a swampy area slightest possible/o !v including Southdale Shopping Center water in Lake Cornelia, 3. 4. 5. Mr, J. A. Francis, 6805 Creston Road, asked what kind of assessment Southdale The above questions were answered, as they arose from the floor, by Messrs. Barr To Mr. Hirschey's question, Manager Hyde explained that Southdale Center's drain- To Mr. Clark's statements, Mr. Barr replied that the area including Southdale He said that another location Mayor Bredesen told audience that he agrees with everything which has been said He told the I92 8/3/59 $150,000 to drain the area in question; that it is { seen action the storage capacity has been reduced; can still be made, if it is considered best to use true that because that, while other the Lake Cornelia of some unfor- arrangements area for storage, Southdale is willing to pay the proper assessment. Alayor Bredesen asked if Southdale would abandon its present storm sewer into Idinnehaha Creek, should storage space in Lake Cornelia be necessary, and the answer was No--that the area would be used only in periods of very heavy storm; and that after such storm water would flow out again, into the Northern outlet. in assuming that this is "only the beginning" for an over-all area. replied in the negative, explaining that the only additional costs besides Trunk and Laterals would be the cost imposed for establishment of the Nine-hEle Creek watershed--which would be imposed regardless of this improvement. k. VI. H. Duffy, 6913 Hillcrest Lane, inquired as to why this assessment is not proposed as a "uniform assessment" against all properties in the area. Hyde explained that this was the basis of assessment proposed at a previous hearing; that it met/!!h&hstrenuous objections of property owners; that, as the result of those objections the method of assessment has been refigured on the basis of the cost to serve each area. Continuation" property is much too high. than that shown, to take care of the drainage on this property. Mr. Barr answered that this is not the proper criterion for the assessment; that the water Piorth of the Lake Edina Continuation property would have to be drained, whether or not fk. Stow could install his ovm system. Mr. Meyer told I&. Stow that, as a rule it is much cheaper for all to pay for a large amount of water in a large pipe than it is for an individual to pay for carrying a smaller amount in a smaller pipe. told the Council that he sees no plan for a storm sewer in "Jest shore Drive. told Council he feels that 1200 feet of water cannot be drained without a lateral in 5Vest Shore Drive from Approximately Dunham Drive to his property; that he feels . that Council should find out why a lateral was not included in the plan, and asked to go on record as protesting inclusion in the proposed assessment district for the reason that "we do not need this storm sewer--we can take care of our own water ourselves". originally; khat because of new platting restrictions, it was decided that Mr- Stow should construct his own Lateral Storm Sewers; that, should it be determined that this area could be sewed more economically by privately constructed drains the additional cost would then be spread over the remainder of the area now proposed to be assessed $.0274. the lake front property on both Lake Cornelia and on "Normandale" pond will have an increased value because of the consistent level of the two lakes, suggesting that this property be assessed more heavily than the other properties. Manager Hyde replied that this method had been considered by the Council; that should these properties be assessed $.01 per square foot more than surrounding properties the amount raised would not significantly change the assessment to the others. iik. G. L. Alexander, 6616 Southcrest Drive, inquired as to why the outlet into Minnehaha Creek cannot be used in this project, rather than the outlet to Nine-f;lile Creek. lf5. IJeyer replied that Lake Cornelia cannot be drained North without inducing an unnaturally high lake level or using a pumping station--which would be very expensive to install and maintain. be arbitrary. Hanager Hyde told him the proposal is based on the cost of serving each respective area and the benefit to each area; that the cost of pipe size, and depth of digging are considered in each case. that the principal criterion islthe amount of water to be drained from each area; and the method of draining it. JOG. Clark in his discussion .about the water level of Lake Cornelia, stated that pumps have been pumping water out of basements for some time because the lake has been high. was running so fast it was washing out \61.66th Street. does not mind paying an assessment for the project if it will eventually do some good; that he feels the residents should be willing to pay to live in an outstanding community like Edina. Mr. VI. D. BTocm, 6024 Fairfax Ave., inquired as to an "average costtr, so that property owners would have some standard of judging the propriety of the proposed assessment. !.?E. Barr gave as an average cost, $30.00 and up per running foot for 5-ft. pipe; $23.00 and up for 4-ft. pipe, depending on depth of excavation. Mr0 Hillstrom, 4521 Claremore Court, stated he was confused by kk. Barr's state- ments to t.k. Stow, as compared with those about Southdale; that "what is good for one should be good €or all"--and it was at this time that Mayor Bredesen made his statement concerning assessment €or Southdale if it should contribute. A lady living at the corner of Cornelia Drive and %.70th Street asked, first, about the length of the ''jog'' shown on W.7Oth Street; then, as to vlhether this proposed plan is the only solution. Mr. Barr told her the job is about 100 feet Mr. J. D. hiurphy, 4720 Valley View Road, asked if property owners are correct IAr. Hyde I I4r. Hr. E. C. Stow complained that the proposed assessment against his "Lake Edina Ne stated he could run a much smaller pipe Idr. Stow He hlr. Barr told Council that a four-foot sewer had been proposed I hk. J. G. Clark, 6720 Southcrest Drive, stated that if the project is ordered Mr. Pittelkow, 6729 Point Drive, stated he feels the proposed assessment to Mr. !&eyer supplemented by stating 1V.r- C1 Do Rademacher, 6820 Cornelia Drive, answering remarks made by klr. He also stated that during the last storm water from Brittany Road Rr. Rademacher stated he I long and is necessary because Cornelia Drive and the school property do not line up, . 8/3/59 193 Mayor Bredesen answered the second question by stating that the Council feels that this is the best solution--that there are other ways, one being piecemeal construck.$on-- which the Council feels will be more expensive to all concerned, and generally unsatis- factory. The lady then inquired as to why this particular area (proposed to be Mr. Barr stated that this particular area will be fully storm-sewered just as soon as the Trunk Main is constructed--that no further laterals will be needed; that, in other words, the area is receiving lateral service from the Trunk Main. Mr, Hyde 'cited the Village's policy of assessing those properties along Trunk Sanitary Sewer and lyater Mains an addition "Lateral" charge for the service they obtain from the trunks . block bounded by Wooddale Ave,, Judson Lane, Point Drive and Dunberry Lane, collects in the back yards; that it is a physical impossibility for this water to get into either proposed Trunk Main No. 1 or proposed Lateral No. 4. statement that in any large storm drainage area there are a few points where there is drainage into back yards, I&. Nyberger reported that "this is a shole city block and not as minor as you make it". Mr. Barr stated that there is some justification for excluding this area from the assessment--which exclusion would spread the cost over the balance of the area--but that such exclusion should be accompanied by a statement holding the Village harmless from the necessity of ever having to drain the property; that the property could be filled at some time in the future and at that time benefit from the storm sewer; that he believes it would not be proper to exclude this block from assessment without statement from property owners relieving Village of any future obligation to drain. area is unusually high because the area is not bothered in any way by water, also reported that "inasmuch as the area below (Stow Lake Edina Continuation) is being dug out of a sand hill" that is no problem for anyone other than the developer, He stated that in his opinion his area (proposed to be assessed s.0274) should pay no more than the area around Lake Cornelia (proposed to be assessed $.0049). Mr. R. H. Shephard, 6321 Tingdale Avenue, stating that most of the discussion up to this time seemed to consist of excuses for not paying certain assessments, stated that as a community Edina finances, schools, parks and other civic improve- ments, and that citizens are proud to do SO. and asked that the audience consider it as. one more thing to help in making Edina a special place in which to live. former watershed district, is now included in the area proposed to be benefited, when it was previously excluded from the area. this area is3into a swamp and then into Lake Pamela. area East of St.Johns Avenue should be developed it would be necessary to have a storm sewer South to Lake Cornelia. Lane is a marshy area, but privately owned, Ab. Barr asked What is going to happen to it?" "Is it going to be filled in and developed, or is it going to be made a pond?" He reported that if thls area is developed residentially or for something other than open water the Village will need a storm sewer to Lake Cornelia. He stated that the alternative, open water development, is expensive; that, if residents find they would prefer to develop as open water, this area should go back into the proposed Trunk Main No, 3 watershed, JJr. Wayne Solberg, 6340 Wilryan Avenue, stated that he thinks the main point is, "DO the citizens kant Main No. l?"; that perhaps the citizens are not able to judge whether they need it'or not; that he believes the matter should be decided by the Council. opinion the "second Northeast pond" will overflow in times of heavy storm; that it will be physically impossible to keep the Southdale drainage from coming into Lake Cornelia. flow from pond from coming into' Lake Cornelia; that this matter is under control of Council and that the barrier can always be built up to prevent over-flow. Ab. Paul Laederach, 4216 W,7Oth Street, stating that he is definitely in favor of Trunk Main No. I, asked what recourse he would have from the proposed assessment if he were to vote for h!ain No. 1 this evening, do not "vote for" this type of improvement--that this decision is the council's; that recourse from the assessment is, generally, the vote for one's representative on the Council, more particularly on appeal to the District Court. Nr. w.C. Brown, 6024 Fairfax Avenue, asked whether his area could possibly be drained through the recently constructed 60th street Storm Sewer, or the old Storm Sewer into Nine-Mile Creek. Village Engineer Zikan stated a study would have to be made to determine the answer to these questions; and Mr. Hyde stated that the old Storm Sewer is already having problems; that he is sure it was designed to drain only the area already assessed for it--that additional drainage would overtax it, -bht mEfy,6913 HiLlcrest'Lane;l-e; inquired as to when the people had a chance to vote. He was informed that the voter has the opportunity to vote on a project only when it generally obligates the village--park bonds or something of like nature. Asked by this gentleman "Who represents the people in this drainage area? Do any of the Council members live there?" Mayor Bredesen replied that none of the Council lives in this particular area--that they do live in areas tvhich have already been assessed at $.0287 per square foot for the Trunk Main) bears such a high assessment. Mr. D. Nyberger, 6837 Wooddale, stated that about 9C$ of the run-off from the To Manager Hyde's Mr. Scott, 4515 Dunham Drive, stating he feels that the assessment against his He cited the need for this improvement The owner at 6321 St.Johns Avenue, asked why this area, North and East of the He explained th'at the drainage from Mr, Barr reported that if the Explaining that the area South of Garrison L.S. Clark, once again referring to Southdale Center, stated that in his Mr. Barr said that at the present time there is a barrier to prevent over- It was explained that the residents I storm-sewered through special assessment Projects for which they are now paying; 8/3/59 that in a Village the Council is elected "at large" and the voters do not have the 'doubtsul benefits' enjoyed by City citizens. Jfz. Soderberg, 6317 Mildred Avenue, stated that if he thought the Council had any particular axe to grind in charging one area more than another he would be the first to protest; but that he feels that this storm sewer needs to be installed and that he is highly in favor of it. problem as a community one, and that the storm sewer relief be given. "at the bottom of a swamp". authorizes acquisition of storm sewer rentention basins there is no legal way to withhold building permits. streets and basements--this a General Fund expenditure. relief be authorized. Lir. Fletcher, 6809 Cornelia Drive, asked, "In view of the apparant desirability of Southdale's using Lake Cornelia, are they to be included in this assessment district?" hlr. Bredesen's answer was llN~,t' to Mr. Fletcher's question, kk. Bredesen then went on to state that the placement of the sewers, and the determination of the areas proposed to be assessed therefor are made by impartial persons, Nessrs. Meyer and Barr; that the Council is not qualified to make suggestions in these matters, and is leaving the matters of routing in the very competent hands of these Consulting Hydraulic Engineers. Trustee Kohler, stating that in the ordinary democratic process if a vote were taken as to the desirability of the proposed improvement it would show a very heavy majority vote in favor; that, on the question of method of payment, the vote would undoubtedly be a different story; that he feels that the improvement is neededg offered the following Resolution and moved its adoption: ?dr. Glenn Crouch, 6912 Southdale Road, asked that residents look upon the drainage Someone inquired as to why the Village will issue building permits for homes &lanager Hyde told the audience that unless the Village Mr. Soderberg cited the man-hours spent during the last two years to pump out He asked that permanent Mr. Gordon Schultz, Creston Road, asked whether Lake Cornelia ever floods; and RESOLUTION ORDERIWG IMPROVEPENT STORM SE"R IMPROVEMENT ROO 47 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF A TRUNK STORM SEWER AND APPURTEJJANCES , INCLUDING CONSTRUCTIOX OF CONTROL t':ORKS THEREFOR; SAID TRUNK STORM SEvVER TO BE CONSTRUCTED ALONG THE FOLLOXIKG ROUTE: ''Beginning at the pond in the NE1/4 SIrJ1/4, Sec. 31, Twp. 28 N., R 24W., at a pt. approx. 1240' W, and 460' S. of the center of Sec. 31; th. NEly along proposed drainage easements 440' more or less to the proposed street con- taining the Sanitary Trunk Sewer of the Village of Edina; th. parallel to said sanitary sewer and along proposed streets of the proposed addition by the ES~OW Corporation and South Garden Estates by proceeding E. about 650'; th. N. about 180' to the E-I'J1/4 line, Sec. 31; th. N. about 180'; th. E. about 670'; th. N. about 1130' to YJ.72nd st.; th. E. along ~.72nd St. 350' more or less to the extended E. line of the Edina Grade School Property; th. departing from the route of the said sanitary sewer and adjacent to the said E. line of the Edina Grade School property to I'J.70th St.; th. \V. on VJ.70th St. to Cornelia Dr.; th. Nly along Cornelia Dr. to the extended N. line of Lot 17, B1. 1, Southdale First Addition; th. NWly between Lots 16 and 17 of said BL. 1 to Lake Cornelia;'' and "Beginning at a pond in the W1/4 SIV1/4, Sec. 31, T. 28 M., R. 24 K. at a pt. about 1220' ?'?. and 400' S. of "I Cor. of said N?1/4 S6'11/4; th; VI. to the E. road ditch of State Trunk Highway 100; th. So along said road ditch a dist. of 2800', more or less; th. VJv across the Right-of-way of State Highway 100 to Nine Mile Creek;" the scope of said proposed improvement to include, besides construction of storm sewer, control works and other appurtenances, the acquisition of all flowage, and storage easements necessary for said proposed improvement - and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEWER IFJPROVEMENT NO. 47, and the area to be specially assessed therefor shall include all lots and tracts of land within the following described boundaries: "Beginning at the center of Sec. 31, T28, R 24, th. E. along the E-W1/4 line Sec. 31 a dist. of 660'; th. My 1230', more or less, to a pt. 660' E. of PI-S1/4 line and 80' S. of centerline of Yi.72nd St.; th. E. parallel to W.72nd St. to a pt. 100' W. of E. line of Sec. 31; th. S. along a line parallel to E. line of Sec. 31 to E-:'J1/4 line Sec. 31; th. E. along E-T11/4 lines of Section 31 and 32 to a pt, 1100' E. of YU/4 Cor. of Sec. 32; th. PJ. parallel to Ti. Sec. line of Sec. 32 to a pt. 80' S. of center- line of W.70th St.; tho E. along a line 80' s. of and parallel to centerline of W.70th St. to a line 650' I?. of and parallel to centerline of Xerxes Ave.; th. N. along said line a dist. of 410'; th. V?. parallel to centerline of V1.70th St, to I?. line of Sec. 30, T.28 N., R. 24 W.; th. PJ. along said section line to the centerline of M.69th St. ; th. V?. along centerline of :'1.69th St. to Wly Right-of-;qay line of Valley View Rd.; n $95 8/3/59 th. Nly along said Wly Right-of-way line to NE Cor. of Lot 4, B1. 4, Southdale Firs Addn.; th. Wly along the N. line of said Lot 4 a dist. of 100'; th. Nly parallel to centerline of Southdale Rd. to a pt. 150' Sly of centerline of I"1.68th St.; th. Wly parallel to W.68th St. to a line 80' Wly of and parallel to centerline of Southdale Rd.; th. Sly along said line to a line 80' Nly of and parallel to centerline of Hillcrest Lane; th. Wly along said line to SWly line of Lot 4, B1. 7, Southdale First Addn.; th. NWly to Wly Cor. of said Lot 4; th. Sly to SE Cor. of Lot 3 of Lampe's Rearrangement of Lots 27 through 35, B1. 7, Southdale First Addn.; th. Wly along Sly line of said Lot 3 to a line 80' Ely of and parallel to centerline of Cornelia Dr.; th. Nly along said line to the S. line of Lot 2, Duoos Rearrange- ment of Lots 12, 13 and 14, Bl. 2, Southdale First Addn.; th. NEly to intersection of S. line of Lot 7, B1. 2, Southdale First Addn. and a line 80' 1Uy of and parallel to centerline of Southdale Rd.; th. Nly along said line to NWly line of Lot 1, B1. 2, Southdale First Addn.; th. NWly to a pt. on the E-W/4 line which is 1320' VJ. of E1/4 Cor., Sec. 30, T. 28 N, R 24 W; th. NWly to NE Cor. of SE1/4 NW1/4 Sec. 30, T. 28 N., R 24 W.; th. N. along N-S 1/4 line to centerline of Garrison Lane; th. Ely along centerline of Garrison Lane a dist. of 24c)'; th. N. to a line 50' Nly of and parallel to N. Right-of-way line of Garrison Lane; th. Ely alonb said line a dist. of 330'; th. Nly to intersection of centerline of Valley View Rd. with Sly extension of a line 80' W. of and parallel to centerline of Oaklawn Ave.; th. N. along said line parallel to Oaklawn Ave. to M. line of Lot 9, B1. 22, Fairfax Addn.; th. Wly to SE Cor. of Lot 8, B1. 21, Fairfax; th. Ndly to NIi? Cor. of Lot 15 of said B1. 21; th. W. to centerline of Wooddale Ave.; th. Nly along said centerline to Ely extension of S. lot line of Lot 6, B1. 1, Valley View Terrace; th. W. along said lot line a dist. of 80'; th. Nly parallel to and 80' Wly of centerline of Wooddale Ave. to S. lot line of Lot 12, B1. 5, Fairfax; th. I'Jly along said lot line to a pt. on S. line of Lot 13, B1. 5, Fairfax, which is 40' Wly from SE Cor. thereof; th. NWly to SE Cor. of Lot 20, B1. 6, Fairfax; th. Wly to SVJ Cor. thereof; th. NWly to SW Cor. of Lot 17, said Bl. 6; th. SWly to SE Cor. of Lot 13, ~l. 7, Fairfax; th. Wly along S. fine of Lot 13 and Wly extension thereof to centerline of Ashcroft Ave.; th. Sly along centerline of Ashcroft Ave. to centerline of W. 60th St.; th. SWly to SVJ Cor. of Lot 5, B1. 2, Virginia Ave. Addn.; th. SWly to SW Cor. of Lot 12, said B1. 2; th. hUJly to SE Cor. of Lot 5, B1. 1, Virginia Ave. Addn.; th. NtUy to SW Cor. thereof; th. NWly to SW Cor. of Lot 12, said B1. 1; th. NWly to a pt. on Ely line of Vi. 50 Rods of SW1/4 SW1/4, Sec. 19, Twp. 28, R. 24, which is 155 Ft. S, of centerline of W.6Oth St.; th. 1Y. 100 Ft.; th. N. 55 Ft.; th. W. 108 Ft.; th. N. 100 Ft. to a pt. 208 Ft. Wly of NE Cor. of said W. 50 Rods; th. I)JlY along centerline of W.6Oth st. to W. section line of said Sec. 19; th. S. along said Sec. line to extended centerline of Valey View Rd.; th. SWly along Valley View Rd. to its intersection with centerline of W.62nd St.; th. SEly-to NE Cor. of Lot 4, B1. 3 of James A. Roberts Estate; tho SWly to SE Cor. of Lot 2, B1. 5, James A. Roberts Estate; th. Wly along S. line of said Lot 2 a dist. of 50'; th. Sly along a line parallel to E. line of B1. 5 to a pt. 50' N. of S. line of B1. 5; th. Vi. parallel to center- line of U.63rd St. to centerline of Warren Ave.; th. s. to centerline of W.63rd St.; th. SEly to pt. on centerline of W.64th St. which is 50' VJ. of E. line of B1. 6, Normandale Second Addn.; th. E, along centerline of W.64th St. to center- line of Rolf Ave.; th. s. along Rolf Ave. to extended N. line of Lot 21, B1. 11, Normandale Second Addn.; th. SEly to intersection of extended N. line of Lot 10, B1. 11 and centerline of Tingdale Ave.; th. S. along centerline he of Tingdale Ave. to centerline of VJ.65th St.; th. SEly to SE Cor. of Lot 23, B1. 17, Normandale Second Addn.; th. E. along extended S. line of said Lot 23 and extension thereof to a pt. 80' lfJ. of centerline of Wilryan Ave.; th. S. parallel to centerline of Wilryan Ave. to PI. line of Lot 12, B1. 17, Normandale Second Addn.; th. SEly to intersection of centerlines ,of Wilryan Ave. and W.66th St.; th. E. to centerline of Josephine Ave.; th. SEly to a pt. 230' S. of centerline of W.66th St. and 210' W. of E, line of Sec. 4, T. 116 N., R 21 N.; th. SEly to a pt. on extended centerline of Roycar Rd. which is 530' E. of Vi. line of Sec. 30, T. 28 N., R. 24 W.; th. E. along centerline of Roycar Rd. and extension thereof to extended E. line of Lof 5, gl. 9, Woodhill; tho SWly to intersection of centerline of Wilford Way and extended W.line of Lot 3, Bl. 8, Woodhill; th. Ply along centerline of Wilford Way to centerline of West Shore Drive; th. SEly to intersection of centerlines of Dunberry Lane and Creston Road; th. Sly to SW Cor. of Lot 3, B1. 5, Creston Hills; th. Ely to SE Cor. of Lot 1, said B1. 5; th. SEly to SW Cor. of Lot 3, B1. 4, Creston Hills; th. SEly to intersection of the extended MI. line of Lot 5, B1. 4 and centerline of W.70th St.; th. Vi. along centerline of W.7Oth St. to centerline of Wooddale Ave.; th. SEly to a pt. 50' E. of SW Cor. of Lot 3, B1'. 1, South Garden Estates Second kddn.; th, Sly parallel to centerline of Wooddale Ave. to a pt. 80' N. of centerline of Kellogg Ave.; th. Ely and S,ly along a line 80' from and aparallel to centerline of Kellogg Ave. to a pt. lying E. of intersection of centerline of Belvidere Lane and Wooddale Ave.; th. W. to said intersection; th. Wly along centerline of Belvidere Lane and extension thereof to a line 80' Wly of and parallel to centerline of West Shore Dr.; th. Sly along said line to N, line of SE1/4 NW1/4 Sec. 31, T28 N., R24 W.; th. to NY Cor. of said SE1/4 NW1/4; th. S. along W. line of said SE1/4 SW1/4 and the NE1/4 SW1/4, said Sec. 31 to a pt. 400' S. of NW Cor. of said ME1/4 SV?1/4; th. E. to a pt. 220' W. of N-S1/4 line Sec. 31, T28 N., R 24 Vi.; th. No 200'; th. E. 220'; th. N. to center of Sec. 31, T28 N.; R 24 W.; which is the pt. of beginning." i B 8/3/59 &lotion for adoption of the Resolution was seconded by Beim. taken there were four ayes and one nay, as follows: Kohler, aye; Tupa, (stating he refuses to concede that the Village is allowing private enterprise to dump its storm waters into Village properties; that he believes that if Lake Cornelia is to be used as a storm basin, then all waters from this area should go into lake Cornelia; and that until the present condition is rectified and the Village has all st they should he will not vote for the projec was adopted. On Rollcall's being Beim, aye; Dickson, aye; -d -Village Clerk waters from additional lands are draining into Lake Cornelia these lands will also be/ Along Dunberry Lane from Cornelia ~r. Ely to Southdale Rd.; th. along Southdale Rd. Trustee Kohler told audience that if, at time of final assessment, PUBLIC HEARIlYG ON PROPOSED C0NSTRUCTIOP.I OF LATERAL STORM SEWER AND APPURTENANCES to extended N. line of Lot 17, B1. 4, Southdale First Addn.; th. SEly across private property between Lots 16 and 17, B1. 4, southdale First Addition from Adouthdale Rd. to Valley View Road. $33,230.00, for $0382 per Square Foot. area is now being served by temporary drains running East into some unused lots; that this area is one of the most critical in the Village insofar as storm sewer service is concerned; that when the temporary ponding area is built up there will be nowhere for this water to drain. that the water from the area drains down to a point directly in front of his home and those of his neighbors, cited the definite need of a permanent solution, stating that the project is needed and wanted. There were no objections to the proposed project registered from the floor, and no written objections had been filed with the Clerk prior to the Hearing, moved its adoption: Estimate of Cost for this proposed project was given as Manager Hyde told the audience that this Mr. Glenn Crouch, 6912 Southdale Road, stating Dickson offered the following Resolution and RESOLUTION ORDERING IMPROVEI~i?3T STORM SEWER IFJIPROVBENT NO. 48 BE IT RESOLVED by the Council of the Village of Edina, hlinnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: COWSTRUCTION OF LATERAL STORM SENER AND APPURTENANCES A1 ong Dunberry Lane from Cornelia Dr. Ely to Southdale Rd.; th. along Southdale Rd. to the extended N. line of Lot 17, B1. 4, Southdale First Addn.; th. SEly across private property between Lots 16 and 17, B1. 4, Southdale First Addn. from Southdale Rd. to Valley View Rd.; and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and sahll be referred to in all subsequent proceedings as STORM SEWER II1fPROVEilENT NO. 48, and the area to be specially assessed therefor shall include all lots and tracts of land within the following described boundaries: th. to a pt. on E. line of Lot 29, B1. 4, Southdale First Addn. which is 80' s. of centerline of Dunberry Lane; tho Ely parallel to Dunberry Lane to yj. line of Lot 21, Bl. 4, Southdale First kddn.; th. S. to centerline of W.7Oth St.; th. E. to center- line of Valley View Rd.; th. NEly along centerline of Valley View Rd. to centerline of If?.G9th St.; th. I'J. along centerline of t'J.69th St. to Wly Right-of+lay of Valley View Rd.; th. Nly along said Nly Right-of-ylay to NE Cor, of Lot 4, B1. 4, Southdale First Addn.; tho Wly along N. line of said Lot 4 a dist. of 100'; tho Nly parallel to centerline of Southdale Rd. to a pt. 15OS Sly of centerline ofyj.68th St.; th.. I'Jly parallel to v.6Sth st, to a line 80' Wly of and parallel to centerline of Southdale Rd.; th. Sly along said line to a line 80' Nly of and parallel to center- line of Hillcrest Lane; th. I'lly along said line to the N. line of Lot 16, Bl. 7, Southdale First Addn.; th. S!"?ly to SW Cor. of Lot 17, said B1. 7; tho SSlly to intersection of centerlines of Dunberry Lane and Cornelia Drive, which is the I "Beginning at intersection of centerline of Cornelia Dr. and Dunberry Lane; j point of beginning. If Rotion Eor adoption of the Resolution was secon were five ayes and no nays, as follows: B Tupa, aye; and Bredesen, aye; and the Resolut Kohler, and on Rollcall there Village Clerk PUBLIC HEARING ON PROPOSED CONSTRUCTION OF LATERAL STORPJ SEWER AND APPURTENMtCES . Along PePa Dunberry Lane from Point Drive Easterly to Cornelia Drive. Cost €or this proposed project was given at $12,170.00, for a proposed assessment of $.0125 per Square Foot against the benefited area. Manager Hyde sepoxted that there are washout and road problems along the route of the proposed Lateral; that it is impossible to blacktop until drainage difficulties are permanently solved. Estimate of 8/3/59 'Mr. Myron Hoover, 6837 Creston Road, explaining that he lives on high ground; 19 '7 but that he believes he had made a point at a previous public hearing that he and his neighbors would be willing to help pay for the control of Lake Cornelia--that they do feel that localized situations should be solved by the people who require the solutions, by a great earth-moving project and considerable disappearance of trees, which has changed the natural drainage flow, he again stated that the Creston Hills area is perfectly willing to participate in the cost of a main to control Lake Cornelia, but that Lateral NO. 4 (the lateral proposed in this hearing) is imposing an assessment resulting from a change in drainage over which the Creston Hills area had no control. "natural catch basin"; and that there is certainly no benefit to this area from the proposed Lateral,, Mr. Hoover asked that this area be assessed for the Trunk Main only and at an assessment of $.0049 (this area is proposed to be assessed at S.0142 for the Trunk), and that the area be left out of any assessment for proposed Lateral No. 4. project. undeveloped lot as a run-off area; that there is a very deep channel from this lot, and that water from Creston Hills is coming into it; that when lot is developed there will be no place to route this water. development of Southdale Third Addition, Creston Hills water moved Southwesterly into W.7Oth Street. East, to contribute to this drainage difficulty. years ago; that they had been dug up for gas, sanitary sewer, and watermain-which projects were not done collectively; that when streets were relaid for the final time the direction of the drainage flow was changed--that it formerly went to lV.70th Street; now goes to Shaughnessy Lake, which in turn drains into Lake Cornelia; that at Nooddale the water now goes North instead of South. The Engineer reported that . some 9% of the water from this area drains into the Nyberger back yard; that if this particular block is excluded from assessment area, the cost must be spread over the balance of the area. I speak in favor of the proposed Lateral. temporary ponding area; that during the last two storms this hole has been filled to within a foot of his property line, and that the street is flooded at every heavy rain. He.stated he feels the Village must have been in error in approving the street grades for Southdale Third Addition; that the developer is no longer responsible inasmuch as his lots have been sold, and that if he did make an error, presumably he received permit from the Village and, therefore, the Village should bear the responsibility for any error made. require the developer of an unplatted tract of land to bear the burden of cost for the drainage relief from a platted area, Mr. Hyde stated, "This thing happens all the time. When a plat is presented for unplatted tract adjacent to a platted tract the Village engineering department examines the profiles and proposed street grades and asks the developer to make such adjustments as it considers to be equitable and in the public interest." that "This is a problem which could have been avoidedg" and Mayor Bredesen stating that the Village feels that there was no error committed on its part. it was pointed out that, should the one block whose drainage pockets in the b4cIcyards be excluded from assessment, such exclusion should be prefaced on an agreement with owners that the Village has no future responsibility for drainage relief; that owners will accept problem and live with it or bear cost of drainage at their own expense. It was suggested that if this project is authorized a re-survey be made before assessment to determine, definitely, the area to be assessed for it. One owner, at 4425 Judson Lane, reported that it is not only the drainage from the one square block which is pocketed; that water flows down Wooddale Avenue, then back to Judson Lane and then flows into the pocket. Tupa offered the following Resolution and moved its adoption: Stating that the development of Southdale Third Addition was accompanied Stating that there is one square block in this area which drains into a He asked that the engineers be invited to do a restudy of this lateral Manager Hyde reported that at the present time the Village is using an Mr. Hoover answered that before Llr, D. Nyberger reported that Dunberry Lane had been lowered from Wooddale Mr. Hoover told Council that streets in the area had been> blacktopped some seven Mr. L.M. Jordan, 4308 W.7Oth St., asked to be allowed to "put in his oar" and He explained that he lives next to the Mr. Joseph Francis inquired about procedure concerning acceptance of new plats. Explaining to Mr. Joseph that the Village cannot legally Mr. Francis remained unconvinced, however, maintaining t RESOLUTION ORDERING IMPROVEMENT STORM. SEWER IMPROVEMENT NO. 49 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF LATERAL STORM SEWER AND APPURTENANCES along Dunberry Lane from Point Drive Easterly to Cornelia Drive and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of . the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEWER IMPROVEMENT NO. 49, and the area to be specially assessed therefor shall include all lots and tracts of land within the # . following described boundaries: 8/3/59 "Beginning at intersection of centerlines of Cornelia Dr. and Dunberry Lane; th. Rgly to intergection of the N. line of Lot 26, B1. 1, Southdale First Addn. with a line 80' from and parallel to Cornelia Dr.; th. Nly parallel to centerline of Cornelia Dr. to S. line of Lot 20, said Bl. 1; th. NUly to a pt. on SEly line of Lot 9, 131. 1, Southdale Third Addition which is LOO' NEly of the Sly corner of said Lot 9; th. NUly to a pt. on the Ely line of Lot 11, said B1. 1 which is 80' NEly of the SE Cor. of said Lot 11; th. Wly to the "I Cor. of Lot 12, said B1. 1; th. V?. to the centerline of Point Dr.; tho Sly along centerline of Point Dr. to centerline of Oaklavm We.; th, SI'Jly to NE Cor. of Lot 1, Bl. 3, Southdale Third Addn.; th. I'ily to ME Cor. of Lot 2, B1. 2, Creston Hills; th. Yly along 14, line of said Lot and extension thereof to centerline of Wooddale Ave.; th. NWy to a pt. which is 90' No and 40' Vi. of SE Cor. of Lot 1, B1. 6, Creston Hills; tho SK"y to SVi Cor. of Lot 2, said B1. 6; th. Sly along Ely line of Lots 3 through 12 to SE Cor. of Lot 12, said B1. 6; th. SEly to the tW Cor. of Lot 1, B1. 5, creston Hills; th. Sly to SI! Cor. of said Lot 1; tho Ely to SE Cor. of said Lot 1; th. SEly to S1'I Cor. of Lot 3, Bl. 4, Creston Hills; tho along S. lines of Lots 3,2, and 1, said B1. 4 and the S. lines of Lots 1 and 2, B1. 5, southdale Third Addn. to the SI'] Cor. of Lot 3, said 81. 5; th. NEly to a pt. on E. line of said Lot 3 which is 80' S. of centerline of Dunberry Lane; th. Ely parallel to Dunberry Lane to Vi. line of Lot 1, B1. 8, South- dale First Addn.; th. PfEly to intersection of centerlines of Cornelia Drive and Dunberry Lane, which is the point of beginning." Hotion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were five ayes and no nays, as follows: understanding that there is an agreement that this improvement is needed on Dunberry Lane and that a resurvey will be made to determine assessable properties before assessment hearing) aye; Tupa, aye; and Brede adopted. 1- Beim, aye; Dickson, aye; Kohler, (with the and the Resolution ,/'# PU ' hlayor W village Clerk PUBLIC HEARING 01,: PROPOSED CONSTRUCTION OF LATERAL STORM SEVER AND APPURTENAECES In Mildred Ave., WJ.63rd St. to 250' S.; Rolf Ave., Md63rd St. to 250' S.; li1.634d St., Liildred Ave. to Tingdale Ave.; Tingdale Ave,, yj.63rd St. to I"J.64th St.; Y?.64th St,, Tingdale Ave. to Josephine Ave.; Josephine Ave., vj.64th St. to ~.65th St.; 511.65th St., Jose Josephine Ave. to Virginia Ave.; Th. N. along Virginia Ave. to Extended s. Line of Lot 11, B1. 11, Normandale Addn.; Th. E. to Lake Cornelia; Along W.65th St. from Vlilryan Ave. to Josephine Ave. (Or Alternate Route Beginn. at Mildred Ave.; th. Along N. Line of Lots 24 and 5, ~1, 5 and Lots 25 and 6, B1. 4, Normandale 2nd Addn. to Tingdale five. Manager Hyde told the audience that this area has a critical problem because of the building of houses within the last six months in ~OVJ lying lots which have been previously used as temporary ponding areas. main and area proposed to be assessed. $f22,600, for $.0376 per Sq. Ft. htr. Hyde explained that, if it is possible to secure easements for the alternate route above proposed, the cost of construction will be less; that the maximum cost has been estimated, in case it is impossible to secure easements for the alternate, hlr. R.H. Sheppard, 63rd and Tingdale,complained that the route as it is laid out will not benefit his property because it fails to drain the pocket in the rear of the lots between Tingdale and Rolf Avenues. He was informed that at the time the plan was evolved the lots were not improved and it was presumed that they would be graded in such manner as to solve this problem; that if they have not been so graded the only solution would be to drain them by a stub drain from 63rd Street or by the alternate route through middle-of-block easements. Owner at 65th and Ryan (just at boundary line of assessment district) explained that water cannot get into proposed lateral from his area because of a "hump'' in Ryan just south of 65th. send the water into 65th Street. Owner at corner of 64th and Tingdale stated that, should route of sewer be changed his property would not be benefited; that his yard is being washed away, It was noted that the Alternate Route is through mid-block easements €or only the two blocks West of Tingdale Ave.; that this should make no difference to his particular area. inquired as to where the Cloverleaf drainage will go, and klr. Barr stated it is intended that this drainage will be picked up by proposed Lateral No. 9.. Ltr. Tiester- berg then stated he has checked with the Highway Department concerning the Crosstown; that it will be lower than the area under consideration for drainage relief; that it may be possible to drain at least the North portion of the area North to the highway, Kohler then moved for the tabling of this project until a more complete engineering study can be made. further enginemkg study is the determination of the grade €or the Crosstown Highway-- !&that it had not been determined the last time he checked. Kohler's motion was had, approximately 20 persons in the audience protested any further delay; and, stating that it seems agreed that a plan for draining the area is needed (vjhether by this or another route), Kohler withdrew his motion, offering the following Resolution and moving its adoption: Vu-Graph Slide was shown of route of Estimate of Cost was given at a Total of ktc. Barr stated it is proposed to grade the street in such manner as to Mr. R.H. Westerberg, 6301 Tingdale Ave., Engineer Barr stated that one of.the difficulties in making a &fore a second to 1.k. 8/3/59 199 RESOLUTION ORDERING IMPROVEMENT >-? I STORM SEWER IMPROVEMENT No. 50 BE IT RESOLVED by the council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF LATERAL STORM SEWER AND APPURTENANCES along the following route: In Ivlildred Ave. from Vd.63rd St. to 250' So.; Rolf Ave., W.63rd St. to 250,' So.; W.63rd St., Mildred Ave. to Tingdale Ave.; Tingdale Ave., W.63rd St. to W.64th St.; W. 64th St., Tingdale Ave. to Josephine Ave.; Josephine Ave., IV.64th St. to W.65th St.; W.65th St., Josephine Ave. to Vipginia Ave.; Th. N. Along Virginia Ave. to the Extended S. Line of Lot 11, B1. 11, Normandale Addn.; th. E. to Lake Cornelia: Along W.65th St. from Wilryan Ave. to Josephine Ave. (Or Alternate Route Beginning at Mildred Ave; th. Along N. Line of Lots 24 and 5, B1. 5 and Lots 25 and 6, B1. 4, Normandale 2nd Addn. to Tingdale Ave,; tho South on Tingdale Ave. to ~~64th St.; then proceeding along original route) and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of a Lateral Storm Sewer and Appurtenances in Mildred Ave. from W.63rd St. to 250' So; Rolf Ave., V!.63rd St. to 250' So.; Vd.63rd St., Mildred Ave. to Tingdale Ave.; Tingdale Ave,, VJ.63rd St. to VJ.64th St, ; W.64th St. Josephine Ave., W.64th St. to 1~~65th St.; Vie65th St., Josephine Ave. to Virginia Ave., 0-3 Th. N. along Virginia Ave. to the Extended S. Line of Lot 11, B1e 11, Normandale Addn.;; +?"-I th. E. to Lake Cornelia; Along W.65th St. from Wilryan Ave. to Josephine Ave. c9 I- BE IT FURTHER RESOLVED that the Village Attorney is hereby authorized and directed ) ROUTE ) AMEND )6/27/f Tingdale Ave. to Josephine Ave. j ) to negotiate for the easements required for the construction of the proposed improve- ment along the Alternate Route hereinbefore set forth and to make report to the Council on the results of said negotiations; and BE IT FURTHER RESOLVED that this Council shall, by further resolution upon receipt of the report of the Village Attorney, determine the route of said improve- ment €or which final plans and specifications shall be prepared. BE IT FURTHER RESOLVED that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEYJER IMPROVEMENT NO. 50; and the area to be specially assessed therefor shall include all lots and tracts of land within the following described boundaries: "Beginning at a pt. on the centerline of Virginia Ave., 240' N. of the center- line of W.65th St.; th. Vi. 150'; th. NWly to the NW Cor. of Lot 3, Block 12, Norman- dale; th. SbVly to a pt. 30' s. of the NW Cor. of Lot 5, B1. 13, Normandale; th. NVJly along a line through the SE Cor. of Lot 3, B1. 15, Normandale to a pt. 1201 NVdly of said SE Cor. of said Lot 3; th. NWly to the NW Cor. of Lot 1, B1. 15, Normandale; th. W. to the E. line of Sec. 4, T. 116 N., R. 21 Vi; th. N. along said section line a dist. of 300'; th. NVJly to the NW Cor. of Lot 28, B1* 1, Normandale Second Addn.; th. Wly to the MW Cor. of Lot 3, Bl. 2, Normandale Second Addn.; th. NWly to the intersection of the centerlines of Wilryan Ave. and VJ.63rd St.; th. Wly along the centerline of VJ.63rd St. to the extended liV. line of Lot 1, B1. 3, Normandale Second Addition; th. NY?ly to a pt. on the M. line of Lot 12, B1. 4, James A. Roberts Estate which is 40' Wly of the NE Cor. of said Lot 12; th. VJly to the €@! Cor. of Lot 9, said B1. 4; th. NVlly to the intersection of the centerline of Rolf Ave. with a line extending from the NE Cor. of Lot 4, B1. 3 of James A. Roberts Estate to the SE Cor. of Lot 2, B1. 5, James A. Roberts Estate; th. S??ly to the said SE Cor. of said Lot 2; th. Wly along the s. line of said Lot 2 a dist. of 50'; th. Sly along a line parallel to the E. line of B1. 5 to a pt. 50' N. of the S. line of B1. 5; tho Vi. parallel to the centerline of W.63rd St. to the denterline of Vgrren Ave.; th. S. to the centerline of W.63rd St.; tho SEly to a pt. on the centerline of W. 64th St. which is 50' W. of the E. line of Bl. 6, Normandale Second Addition; th. E. along the centerline of W.64th st. to the centerline of Rolf Ave.; th. S. along Rolf Rve. to the extended N. line of Lot 21, B1. 11, Normandale Second Addn.; th. SEly to the intersection of the extended N. line of Lot 10, B1. 11 and the centerline of Tingdale Ave.; tho S. along thecenterline of Tingdale AVee to the centerline of , :hJ.65th St.; tho SEly to the SE Corr of Lot 23, ~1. 17, Normandale Second Addition; thh, E. along the extended S. line of said Lot 23 to a pt. 80' Vi. of the centerline of Wilryan Ave.; th. S. parallel to the centerline of GVilryan Ave. to the H. line of Lot 12, B1. 17, fdormandale Second Addition; th. SEly to the intersection of the centerline of Wilryan Ave. and I'd-66th St.; th. E. to the centerline of Josephine Ave.; th. SEly to a-pt. 230' S. of the centerline of W.66th St. and 210' W. of the E. line bf Sec. 4, T. 116 No, R. 21 YJ.; tho SEly along a line directed toward a pt. on the extended centerline of Roycar Rd. which is 530' E, of the y. line of Sec. 30, % 28 KO, R 24 W.; th. M. along said VJ. section line to a pt. 80' N. of the centerline of C'J.66th St.; th. Ely parallel to the centerline of W.66th st. to a pt. 80' E. of the centerline of Virginia Ave.; th. Nly parallel to the centerline of Virginia Ave. a dist. of 825'; th. VJly to a pt. on the centerline of Virginia Ave. which is 240' N. of the centerline of W.65th St., which is the pt. of beginning." 4 u I 8/3/59 hotion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were fixe ayes and no nays, as follows: Beim, a son, aye; Kohler, aye; Tupa, aye; and medesen, aye; and the Resolution was "irillage Clerk PUBLIC HEAFIIXG Ol? P2OFOSED GOESTRUCTIOTJ OF LATERAL ST0flr.l SE'JER AND APPURTEWGCES Along ~~~60th St. from !'lo Line of Lot 12, B1. lo,, Fairfax, East to St.Johns Ave.; th. sly along St.Johns Ave. to Valley View Rd.; th. SEly along Valley View Rd. to the Extended E, Line of Valley View Slope; th. Sly along the E. Line of Valley lJiea Slope; th. sly along E. line of Valley View Ridge 1st and 2nd Addns. and Extension thereof to Lake Cornelia; Along kshcroft Lane, from St. Johns Ave. E. to E. Line of Valley View Ridge Addn.; Along the R. Line of Lot 1, B1. 1, Valley view Ridge Addn. from E. Line of Ualley View Ridge Addn. to StJohns Ave.; Along Valley View Rd, from Zstended E. Line of Valley 1jiew Slope SEly a dist. of 375', more or less: Detention Basin within area bounded by St.Johns Ave., Garrison Lane, Plooddale Ave. and Valley View Rd.; Along the N. Line of Sec. 30, T28N, R242, from pt. E. of Vooddale Live. to E. Line of Valley Vievr Slope. area proposed to be assessed for cost. $.0154 per sq. Ft. considered by the Council along this route; that matters are not as clear with regard to this improvement as they have been with those previously discussed tonight; that the route of the improvement and resulting assessment would depend to a great extent on storage facilities. directly into Lake Cornelia. Lk. Hyde stated that drainage difficulties are already being experienced at 60th and St. Johns and South of Valley view Road behind houses which have walk-out basements; that as the area is further built up the problems will increase, Llr. mown, 6024 Fairfax, stated he appreciates the fact that all must contribute to the over-all prokjram for drainage in the area but would like to feel that the Village will consider all methods of relief so that ultimate plan will be of least possible cost to the taxpayer. He stated he feels that most of the water from tinis area drains down St.Johns Avenue into a swamp behind some houses South of Valley View Road, then through a series of little "puddles" into Lake Pamela, Zikan informed him that this drainage is through a culvert installed by the Village as a temporary drainage relief expedient. North of Valley View Road directly West along 60th Street into Pamela Park. Mi. Zikan told him, however, that the recently designed storm sewer on Yl.60th St. was of insufficient size to take this drainage; and Blr. ~r0vtr-1 asked that another alternative be considered-- that of draining the rcorth portion of this area into the old storm sewer (@19) emptying into Minnehaha Creek. Engineer told him that a study has not been made of this route but that it is assumed that the old storm sewer was designed for a certain specified area and is unable to take more drainage. Hr. Barr told Mr. grown that his statement concerning the use of the "puddles" for drainage purposes is correct; that, in fact, this might very well be the ultimate solution to the problem; but that before permanent use can be counted on the "puddles", now privately owned, would have to be acquired by the Village; that this could very well be more expensive than construction of main into Lake Cornelia. 1.k. Kartinson, a builder on Garrison Lane, explained that the owner of the "Garrison Lane" swamp is willing to donate this land to the Village for water storage purposes; that at present they are dredging out on the South side of Garrison Lane--which will help the drainage problem considerably. when planning this improvement, what the ultimate development of the area would be; said that acquisition by the Village could well be the answer for drainage problems in this area--providing the Village does not become saddled with maintenance of these ponds-- which would be a very big expense to the Village. Lane, reporting that the entire area South of Valley View Road drains into the "Valley View Road" hole (North of Lake Cornelia and South of hliller's Addn) asked why the drain pipe had to be continued to Lake Cornelia. Once again I4r. Barr explained that this is private property; that if the owner fills it the drainage would be forced South. Glomsrud then asked that action on this Lateral be tabled. He also asked if there is a limit as to how much water can be put into Minnehaha Creel:. I,&. Lleyer answered this by saying that 1.k. Doell of the Hinneapolis Park Department had agreed that 200 second-feet of flood flow would not be too much. hii. f;ohler asked if the rlorth portion of the area can be drained into Pamela, and was informed that the present storm sewer is not designed to take this volume. He then inquired as to the necessity for taking the main the last two blocks south and was told that this is private property which is now serving as a drainage basin--that, until it is determined what is going to be done with this property it must be assumed that it cannot be permanently used for storm drain storage. then moved to approve project as hereinbefore routed, subject to an engineering investi- gation of alternate routes, and detailed drawings. Council that if there is going to be any major change the project should be tabled for further consideration. :Solotion seconded by Tupa and carried. Dickson offered the . following Resolution and moved its adoption: I Vu-Graph Slide was shovrn of proposed route of sewer and Estimate of Cost was given as $66,950, for Uanager Hyde explained that there are some problems to be The improvement as shown carries the water from the area Engineer ZJr. Brown then suggested draining that area I Mr. Barr, explaining that he did not know, hlr. Earl Glomsrud, 4704 Virginia IJr. Dickson Village Attorney Hasselquist told 8/3/59 RESOLUTION ORDERIrdG IMPROVEMENT 2 @-I STORM SEUER IMPROVEIIENT NO. 51 < BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF LATERAL STOP&$ SEVER .4ND APPURTDIAGES Along IV.60th st. from the W. line of Lot 12, Bl. 10, Fairfax, E. to St.Johns Ave.; th. Sly along St.Johns Ave. to Valley View Rd.; th. SEly along Valley View Rd. to the extended E. line of Valley View Slope; th. Sly along the E. line of Valley View Slope; th. Sly along the E. line of Valley View Ridge 1st and 2nd Rddns. and extension thereof to Lake Cornelia; along Ashcroft Lane, from St.Johns Ave. E. to the E, Line of Valley View Ridge Addn.; Along the N. line of Lot 1, B1. 1, Valley View Ridge Addn. from the E. Gne of Valley View Ridge Addn, to St.Johns he.; Along Valley View Rd. from the extended E. line of Valley View Slope SEly, a dist. of 375', more or less; Detention Basin within area bounded by St.Johns he., Garrison Lane, \Yooddale Ave., and Valley view Rd.; Along the N. line of Sec. 30, T28D1, R24VJ, from the pond E. of Wooddale Ave. to the E. line of Valley View slope and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; said construction to be subject to further engineering investigation and report by the Engineer on the feasibility of this proposed route over the alternate routes suggested at this Public Hearing, and subject to further review and consideration by the council in Public Hearing should such investigation determine the necessity of any substantial change in route or cost of an improvement to adequately drain the area contained ih the drainage district. BE IT FURTHER RESOLVED that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEWER IMPROVEMEI~T NO. 51; arid the area to be specially assessed therefor shall include all lots and tracts of land within the following described boundaries: "Beginning at the SE Cor. of the NE1/4 NlpJl/4, Sec. 30, T28~., R24yr.; tho r+j. along the N-S 1/4 line to the centerline of Garrison Lane; th. Ely along the center- line of Garrison Lane a dist. of 240'; th. ri. to a line 50' Nly of and parallel to the N. Right-of-!yay line of Garrison Lane; th. Ely along said line a dist. of 330'; th. Nly to the intersection of the centerline of Valley View Rd. with the Sly extension of a line 80' W. of and parallel to the centerline of Oaklavm Ave.; th. N. along said line parallel to Oaklawn Ave. to the N. line of Lot 9, B1. 22, Fair- fax; th. Wly to the SE Cor. of Lot 8, ~l, 21, Fairfax3 th. NWly to the NW Cor. of Lot 15, of said B1. 21; th. W. to the centerline of Wooddale Ave.; th. Nly along said centerline to the Ely extension of the s. lot line of Lot 6, B1. 1, valley View Terrace; th. VJ. along said lot line a dist. of 80'; th. Nly parallel to and 80' YJly of the centerline of VJooddale Ave. to the S. lot line of Lot 12, ~l. 5, Fairfax; th. YJly along said lot line to a pt. on the S. line of Lot 13, B1. 5, FairEax, which is 40 Ft. Wly from the SE Cor. thereof; th. NWly to the SE Cor. of Lot 10, ~1. 6, Fairfax; th. ydly 'to the SW Cor. thereof; th. Wly to the Si'? Cor. of Lot 17, said Bl. 6; th. SWly to the SE Cor. of Lot 13, ~l. 7, Fairfax; th, Wly along the S. line of Lot 13 and VJly extension thereof to the centerline of Ashcroft Ave.; th. Sly along the centerline of Ashcroft Ave. to the centerline of W.6Oth St.; th. Slrllly to the SI4' Cor. of Lot 5, El. 2, Virginia Ave. Addn.; th. SWly to the SVJ Cor. of Lot 12, said Bl. 2; th. NWly to the SE Cor. of Lot 5, B1. 1, Virginia Ave. Addn.; th. bJ1:Jly to the SVJ Cor. thereof; th. NWly to the SlrJ Cor. of Lot 12, said El. 1; tho NWly to a pt. on the Ely line of the W. 50 Rods of the S17 1/4 SW l/4 Sec. 19, Tv~p. 28, R. 24, which is 155 Ft. S. of the centerline of W.60th St.; th. VI. 100 Ft.; th. N. 55 Ft.; th. W. 108 Ft.; th. rJ, 100 Ft. to a pt. 208 Ft. rdly of the NE Cor. of said W. 50 Rods; tho VJly along the centerline of W.6Oth st. to the VJ. section line of said Sec. 19; tho S. along said Sec. line to the extended centerline of Valley View Rd.; tho Vi. along the centerline of Valley View Rd. a dist. of 150'; th. SI parallel to said section line a dist. of 400'; th. E. to said Sec. line; th. S. along said Sec. line to a pt, 310' M. of the centerline of 'iJ.62nd St.; th. E. 80'; th. S. 230'; th. Ely paralle to I'd.62nd St. to the W. line of Lot 5, gl. 2, Oak View Addition in Edina; th. NEly to a pt. on the centerline of Ryan Ave. vhich is 200' No of the centerline of VJ.62nd st.; th. Ely parallel to HR VJ.62nd St. a dist. of 540'; th. SEly to the intersection of the centerline of W.62nd St. and Virginia he.; th. E. along the centerline of iY.62nd St. to the centerline of Concord Ave.; tho S. along the centerline of Concord Ave. to the centerline of VJ. 63rd St.; th. E. along the centerline of VJ.63rd St. to the centerline of Ashcroft Ave.; th. S. along the centerline of Ashcroft Ave. to the extended S. line of Lot 16, B1. 3, Valley View Ridge; th. Ely to the SW Cor. of Lot 1, said B1. 3; th. NEly to the MV Cor. of Lot 3, B1. 4, Valley View Ridge; th. E. 50'; th. Sly parallel to St.Johns Ave. to the centerline of W.64th st.; th. Ely to the SE Cor. of the P1E1/4 NYJ1/4, Sec. 30, T28 N., R24 W., which is the point of beginning." I 202 8/3/59 IAotion €or adoption of Resolution was second five ayes and no nays, as Eollov~: Beim, ay , aye; Kohler, aye; Tupa, ayq and Bredesen, aye; and the Resolution was ad , and on Rollcall there were Mayor Village Clerk The evening's agenda's having been covered, f.layor medesen declared the meeting adjourned. Adjournment at 12:03 A.M. , Tuesday, )fl$ust 4. Village Clerk I I'..II€!UTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD IK)NDAY, AUGUST 10, 1959, AT 7:OO P.M. , AT THE EDINA VILLAGE HALL. IGembers answering Rollcall were Eeim, Dickson , Cohler, Tupa and Bredesen. Minutes of the July 27th Regular Meeting were approved as subnitted, by motion Kohler, seconded by Tupa and carried. PUBLIC HEARING ON PEOPOSED CONSTRUCTION OF SANITARY LATERAL SEWER IN P1IIRROR LAKES DRIVE FROM THE EXISTING TRUNK TO INCLUDE 5128 AND 5129 MIRROR LAKES DRIVE. Affidavit of . Publication in Edina-Morninsside Courier July 30 and Auqust 6, 1959 of "Notice of Hearing" was presented, appioved as to form and ordered-placed on file. said Hotice, Hearing was conducted and action taken as hereinafter recorded. Manager Hyde explained that Hearing, tonight, is the result of a petition filed some time ago for "sanitary sewer providing Village can guarantee water service by 1961". He reported to audience that the Council has abandoned the construction ofa Trunk Water- main because of objections from the people proposed to be assessed; and inquired as to whether sewer is still desired by the Mirror Lakes group. Estimate of Cost for the project was given at $17,599.80, assessable over 16 lots, for $1,099.99 per lot. Mr. McDermid, sponsor of the combination petition, stated that he has no authority to speak for anyone but himself insofar as sewer installation is concerned,inasmuch as the watermain project will not be done. Dr. Trueman, 5125 Mirror Lakes Drive, protested installation of sanitary sewer at this time, stating that future con- struction of a watermain will just add to the expense of the people on Mirror Lakes Drive; that utilities should be installed together, to save re-blacktopping costs. At a question from the Council he stated he would not protest sewer construction providing watermain construction could be had at the same time. Mirror Lakes Drive, told council there is a definite emergency at her home--that her family will have to do something before winter, to secure sewer service before winter. Kohler moved that this Public Hearing be continued to Monday, August 24, at 7:OO P.M. Motion seconded by Tupa and carried. Pursuant to Fhs. Kempf, 5129 Discussion was had by Council (see action on trunk watermain hearing), and RE-HEARING ON TRUNK V!ATERMAIM FOR ROLLING GREEN-MIRROR LAKES AREA ORDERED. In the course of the discussion on the proposed Sanitary sewer for Mirror Lakes Drive considerable review was made on the public hearing held July 27 on a proposed trunk watermain; and on the recently publicized water contamination difficulties being had by Bloomington. Trustee Kohler told the Council he believed that the people in the area had not been sufficiently informed as to the advantages of this proposed trunk main he feels that after they have had some time to think the matter out they will be agreeable to it. He said, too, that he feels that while the construction of lateral mains should be by due democratic processes the Village Council should take more leadership in the installation of trunk utilities. He then offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING I PROPOSED VIATERMAIN IMPROVEUENT BE IT RESCLVED by the Council of the Village of Edina: as to the feasibility of the proposed watermain Improvement described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, August 24, 1959, at 7:OO P.&y in the Edina Village Hall, to consider in public hearing the views of all persons interested in said proposed improvement. The clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in substantially the following form: 1. The Village Engineer, having submitted to the Council a preliminary report . 3.