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! <br />MINUTES OF THE REGULAR MEETING OF THE <br />AUGUST 5, 1974 <br />EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY <br />Hembers answering kollcall were Councilmen Johnson and Shaw , Councilwoman Schmidt <br />and Mayor Van Valkenburg. <br />STORM SEfJER IMPROVEMENT NO. ST- S . - 141 AUTHO&ZED . Mayor Van Valkenburg recalled <br />that Storm Sewer Improvement No. ST.S-141 had been continued from July 15, 1974, <br />so that the City Attorney could determine the responsibility for assessment of <br />the project which is proposdd to be located in the following: <br />Across France Avenue just South of West 44th Street; also from alley <br />between Sunnyside Road and West 44th Street just West of France Avenue <br />West to ponding area. <br />Mr. Erickson said that he needed additional time to determine the accuracy of <br />his findings but recommended that, since this hearing does not concern the method <br />of assessment of the project, the improvement could be'authorized at this hearing <br />and the method of assessment determined at the Assessment Hearing. Dr. F. D. <br />Sidell said that he is the owner of commercial property in the affected area. <br />He objected to being assessed for the improvement inasmuch as he is still paying <br />for a previous storm sewer assessment. Dr. Sidell added that the street car <br />right-of-way is behind his property and that his land does not drain directly to <br />the ponding area. Following considerable'disoussion, Councilman Johnson offered <br />the following resolution and moved its adoption, with the understanding that the <br />method of assessment of Storm Sewer Improvement No. ST.S-141 be revie4ed before <br />the Assessment Hearing and'that Dr. Sidell's drainage be checked to see if he is <br />actually in the drainage district: <br />BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council <br />heretofore caused notice of hearing to be duly published and mailed to owners <br />of each parcel within the area proposed to be assessed on the following proposed <br />improvement : <br />. <br />RESOLUTION ORDERING STORM SEWER NO. ST.S-141 <br />1. CONSTRUCTION OF STORM SEWER IMPROVEMENT IN.THE FOLL@,ING: <br />Across France Avenue just South of West 44th Street; also from alley <br />between Sunnyside Road and West 44th Street just West of France Avenue <br />West to ponding area I and at the hearing held at the time and place specified in said notice, the <br />Council has duly considered the views of all persons interested, and being fully <br />advised of the pertinent facts does hereby determine to proceed with the con- <br />struction of said improvement, with the understanding that the method of assess- <br />ment has not yet been determined and further with the understanding that the <br />drainage district be rechecked, including all proceedings which may be neces- <br />sa= in eminent domain for the acquisition of necessary easements and rights for <br />construction and maintenance of such improvement and that said improvement is <br />hereby designated and shall be referred to in all subsequent proceedings as <br />STORM SEVER IMPROVEMENT NO. ST.S-141; and the area to be specially assessed <br />therefor (subject to reviewal by the City Engineer) shall include Lot A, Reg- <br />istered Land Survey #517; Lots A, B and C, Registered Land Survey V549; <br />Lots 9, 10, 11, 12, Block 1, Berkeley Heights Addition; Lots 1 thru 9 incl., <br /> 1, Eal;rbairn's Rearrangement in Waveland and Waveland Park; Lots 1 thru <br />9 incl., Block 2, Fairbairn's Rearrangement in Waveland and Waveland Park; <br />Blocks 13 and 15 Parcel 510, Block 20, Parcels 5000, 5510 and 5520; Lots <br />9, 10, 11, b2 & 13, Block 26 Parcel 6500; Lots 9, 10, 11, 12 & 13, Block 26 <br />Parcel 7000 and Lots 9, 10, 11, 12 & 13, Block 26, Parcel 7500 all in Waveland <br />Park; Lots 1 and 2, Auditor's Subdivision #172. <br />Motion for adoption of the resolution was seconded by Councilman Shaw and on <br />rollcall there were four-ayes and no nays and the resolution was adopted. <br />. REPLAT OF EVANS'WOOD 2ND ADDITION GRANTED PRELIMINARY APPROVAL SUBJET TO CERTAIN <br />CONDITIONS. Mr.* Dunn recalled that Replat of Evanswood 2nd Addition had been . <br />continued from July 1, 1974, so that Mr; Dunn could meet with Nr. Clapp and the <br />surveyor in order to detknine whether or not the sanitary sewer and water main <br />could be properly installed to serve'the house proposed to be constructed on the <br />property without causing future problems to future purchasers of the house or to <br />the City of Edina. <br />said that water could be installed without too much difficulty, but that, after <br />talking to the parties concerned, he still had reservations as to whether or not <br />the sanitary sewer could be installed without freezing in extremely cold weather. <br />Mr. Erickson said he believed that the diversion of normal drainage of starm.' <br />water might be considered reasonable and without liability to the City. <br />that he did not believe that the proposal would present so great a change as to <br />be unreasonable. Mr. Erickson added that the issuance of a permit for con- <br />struction of sanitary sewer does not make the City insurers of the operation of <br />In response to a question of Councilman Johnson, Mr. Dunn <br />He said