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HomeMy WebLinkAbout19790716_regular144 EirNTJTES , OF THE REGULAR MEETING OF DIE EDINA CITY COK?CIL HELD AT CITY HALL JULY 16, 19JC .. . I m... Answering rcjllcali were menhers Bredesen, Courtney , Richards, Schmidt and Nayor Van Valkenburg f MINliTES of June 18 and July 2, 1979, were approved as submitted by Icotion of Councilwornan Schmidt, seconded by Councilnan Bredesen. Ayes : Bredesen, Courtney, =chards , Schmidt, Van Valkenburg Nays: None Motion carried, TRACTS .A AND B R.L.S. 1145 DEED RESTRICTIONS RELEASED SUBJECT TO LAND DEDICATION. Affidavits of Notice were presented by Clerk, approved as to form and orderea placed on file. Mr. Hughes presented the request of Fabri-Tek for the release of .a Declaration of Ceed Restrictions for their property which is known as Tracts A aad B, R.L.S. 1145 and located generally East of Lincoln Drive and South of Lon- donderry Road. He recalled that this 30 acre tract of land was rezoned to PID Planned Industrial District Ln 1965 at which time Fabri-Tek was required to Fro- vide prctective covenants in favor*-of the City ~7hich stated that the s&ject pro- perty shall be considered a single parcel and shall not be leased, conveyed, mart- gaged ar otherwise encunbered except as 2 single parcel. covenants alsc preclude the subdivision of the property iis well as the leasing of a portion of the building on the property. Zion of the protective covenants which would allow occupancy of the building.on . che property by a maximum of two tenants but he could not support -any modificatfons wbich wodd allow the subdivision of the subject property. He also recommended th dedication to the City of Tract B of the subject property for the following reasoss: 2) Tract B lies almost entirely withh tbe floodplzin; 3) Dedication of this Farce1 would complete a public corridor along Nine Mile Creek froa Comty Bcad 18 to W. 70th St. Pir- ISa~co11~ Reid, representing Fabri-Tek, urged the Comcil to Zake r'avora3le action so that they could negotiate a lease agreement with Honey- well by A~gust I, 1979. Xr. M. F. Michelson, Chairman of the Board of 'Eabri-Telc, spid th&,tke original intent was that Nine Xile Creek would hav2 all*bzen'ia a corridor. He said that it would be logical to straighten out the lines between Tracts U zd E md that the owners of the prop2.r:;- trzve authorized iiini tc nego- Elate m their belialf. He explained that he has no questron buc that they will ccoperate fully md rgquested that my problems be negotiated after the fact in -&SI? of t?-eir August I, 1979 closing deadline. lk. Hughes expressed concern for ' the OIEI~?: or' Lot 2, Block 2, Walnut Ridge 3rd AdOizion, who had relied on the fact that T-L!:~ property would be West of his land. He rezoaqer-ded that a 100 foot cor- ride.: bs provided abutting Nine Mile Creek over ad 2:ross Tract E, ad tb.2 the 7ropctsal Z@es not kclude any land exchange. Council 77as adviseii that FZbri-Tek is interested in the eschange the square footage of Lots D and E, thus naking these lots more suitzblc fCP R-1 devcloymo2. Kr. Paul 33erklarrd, cwner of Lot / which abuts Lot E to the Xqrth, wzs roid by 3fr- Htl&es ghat four or five lots coulri hi? built cn tbat property .m3 that iv? hnses,co-dd possibly":$e added OIL the Kmth siG: of Londonderry, 31~- Berklz2i: o3jected to any action pihich would disturb tis 'pool r?d wild liZ-2 avea behind his house. W. Michelson said that the proposal to release the leasing portio2 of the Geed restriction in exchazge for giving the City all of Tract B for public oimership would not be acceptable by the owners of Tract B. that the .ormeys are willing to give a corridor for Nine Mile Creek but not g5ve all . of Tract 3 "Decause it would cut down on the buffer htween them and any public 21~s. Councilman Edhards moved that the restriction for Tract A be partial17 rcl'eased so that Che bililding cza be leesod to more than cine tenmt, t%at a tract 100 feer, in width aLong Nine Mile Creek be dedicated to the City over Tract E, :hat no * changes will exist in Tracts C, D znd E, that a.releamc GE t!is road easement over tfie Eorth 30 feet of Tract C be granted, and that Fahi-Tel: will pay zny filing costs bcuirzc! in the trmsfer of the deed for the porthn of Tract B and for all He clarified that the Mr. Hughes recommended the modifica- I) The protective covenants do not allow development of the property; of land along the Creek Zn that it wod2 add t~ - He explained . proceedings subsecpsit requlrcd. Motion was seconded by Ccr?ncilna Bredesen. Ayes : Zrcdesw, Courtney, Xichards, Schmidr:, Van \'al'rtenhurt: Nays : Mone Motion carried. 145 and of the ConimunJtg Development and Planning Coinmission. Mr. Frank Cardare1l.e sW.&l a prh~ (,E the plat; indicating that Io ines ham already been - ;tjljysted zts XELLI as dcdlcatlon of the kigh$-of-way. ience vas told t+at The Habitat would pay for its own share of 2 storm sewer hut that the storm sewer ~7ould not be constructed to solve problems or' a 25-year storm. Intercsted spectators were told that they would be notified of the meet- ing at ~hicli final. plat and Second Reading of the Zoning Ordinance would be con- sidered. Councilman Bredesen thereupon offered the following resolution and moved its sdcption: RESOLUTION BE IT RESOLVED by the Edina City Council that that certain plat entitled "The Habitat", platted by Rudy Trones and Wally Irwin and Council Meeting of July 16, 1979, be and is hereby @?anted preliminary plat approval, subject to the following conditions: \l) Final zoning is conditioned upon final platting; 2) Receipt of an executed developex's agreement; 3) A detailed storm sewer plan must be approved by the City, Nine Mile Creek Watershed DistrFc.t and Ilennepin County prior to final approval; 5) A scenic and open space easement for the pond and surrounding area as shown on the proponent's plan must be executed; 6) No driveway access to Roushar Road; 7) A grading permit must be approved by the Watershed District; 8) Receipt of a perrnit from the Cepart- men2 of Na-rural Resources allowing alteration of the wetland. Motion for adoption of the resolution was seconded by Councilman Courtney. identified gentlernan'ln the aud- presented at the Edina City IB Rollcall: . Ayes : Bredesen , Courtney, PAchards, Schmidt, Van Valkenburg Nays: None Resolution adopted. P e a e lows : r Comicilinan Rredesen then offered Ordinance No. 811-Al28 for First Reading as fol- ORDINAXCE NO. 811-A128 -AN OKEINANCE AMENDING THE ZONING ORDINAJSCE (NO. 811) BY REZONING PROPERTY PROM R-l RESIDENTIAL DISTRICT TO X-2 MlJLTIPLE RESIDENTIAL DISTRICT TI-E CITY Cam-CIL OF ED-INA, MINNESOTA, ORDAINS : Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is hereby ameiided 3y adding the following thereto: addition of: the follcrir51ig property: I' " : It The extent cf the, R-2 Multiple Residential District is enlarged by the That part- of the Southwest Quarter of Section 31, Tomship 117, Range 21, describe6 as comencing at the Southwest corner of said Section 31; t'nence North along the West line thereof 529.65 feet; thence East: to a ?oint- 525.12. feet L%xt!n of the South line of said Sectior, 31 as measured along a line drawn parallel to and '824.94 feet East of the West Line thereof, said point being the point of beginning of the land to be described; thence East 'to a point 543.07 feet Xortfi of, the South line of said Section 31 as measured along a line draxn parallel to and 900 feet West of the East liize of said Southwest Quarter; thence South along the last mentioned parallel ' ,, ' lim I 54.3.07 feet to the South line of said Soutl?_wes.t Quarter; thence West along said South line to its intersection wich a line drar7n parallel with the Tdesc line of said Southwest Quarter from the point 02 beginnfng; thence Xorth al-ong the last mentioned parallel line to the poi-nt of beginning, the boundaries of the prsmises are marked by Judiclsl E:mdma.;Bs set pcirsumt t3 'Sec. 2. This ordinance shall be in full force and effect upon its passage -, . I .: Torrens Case No. 14890, according to the Government Survey thereof ." and publication. , ~ DON BERG CO>?STRUCTIO!LT CONPAiif KEZONING PGQUEST WITEl31LII;JN; - PLANS FOR WD'UCED .-- DEN- ---- 1 +-._ SITY TO 3E PGESBNTE1)'. Mr. EIughes recalled that on Kay 21, 1979, the Council had ,' referred the rezoning and plat presented by Dun Berg Construction Ccmyany back to t6e Conmxnity Development and PlanniEg Comnission to ccjnsiiler rcdcction of density to no more thvl 4 units. He advised that Che Cozmiss-ion had again recoin- n?ended approval for two four-unit buildings €or the site which is genera.l.1~ loc- ated North of the Crosstown Highb7ay an% West of the NN&S Railroad tracks, ,with the mdcrstandjng that the possibility of noving the buildings closer to the easement on the Easterly side of the site. Xr. Don Berg, the de.se3.opcr, referred to a sign which had been 1.12 foc nine years which had indicated possible Lohmhi)i!s~ deve1.opment and said Chat the proximity of the Crosstown Riglriway and thc ra:i.:iro..ld tracts; along with the :act that Val.ley Viev Road is heavily traveled, inacte tile properky nore appropriate for higher deqoity development, t rcspoise to a qirestion from the audience, xr. 3erg agreed thats the property -is rliort of iwo acres. Hayor' ir,in ValIcenburg rcferred to lcttcrs of o!zjectjon and 5-0 a petition 77hich had been rr-?ceii;cA j.r- oppositfcxr ti; the z~nifig. .op,yusi.tion LO the 1373 . four UT1:it bIi.i..J-,?iiip wece W, ai:,d 1Vij:s. RLI~TW~I~ O' SII~XU~:CIZCSSY', ' Be also snld that *- , tliere .~oulrl be fewer children living in townhouses as well as f'ciiier cars. J.R , Speakkg i.il ,. a gentlemail who lives at 6220 Crescent Drive, Elessrs. lilciiard Weiss 5509 Hunker St., Donald Fiedler, 6112 Westridge Blvd., Kobert: Pollmain, 6205 Hansen Rd. 2. E. Voss, 6390 Valley View Rd. , Thomas B. Roshck, 6201 Hansen Rd., and Roger T., Peis- sig, 6116 Westridge Blvd. Mrs. Donald Berg, v7ife of the develope.-, emphasized that they also lfve in the area,and that tbe proposed buildings would be a credit to the neighborhood. Pollowing considerable discussLon, Mr. Berg withdrew his request for two four-unit buildings and said that he vould subruit lower density formal action was taken. BRAEEL= ASSOCIATES ZONING CHANGE REQUEST CONTINJED TO AUGUST 6, 1979. presented the petition of Braemar Associates to rezone part of the East one-half of the Southwest Quarter, Sec.'8, T. 116, R. 21, generally located North of W. 78th St. and West of Cahill Road from By1 Residcntial District to 0-1 Office District. Eeing advised that adequate natices-had not been s-ent for this.hearing, the Kayor . plazis for the site to the Community Development and Planning Commission. No Mr, Hughes announced that that testimony could be heard at tllis meeting and that formal action could. be taken on August 6, Following some discussion, Mr. Jack Barron, repres- enting Braemar Associates, agreed to proceed with the hearing at this meetiizg with the understanding that formal action will not be taken until the next meeting and that further discussion may be had 2.t that time. Nr. Barron showed an aerial over- lay and pictures of the site. He safd that a three story apartment building could be built on the site, whereas only 8% of the proposed office building would be chrec stories in height and agreed that none of the trees on the site will be removed. be no greater than for town houses. Be pointed out that no objections were heard when Erzemar Associates reviewed their plan with Glasgow Drive residents , a group of! Windwood' residents and from Nr. Darrel Boyd, 7204 Shannon Dr. , who had been in- valved with the Southwest Edina Plan hearings. Mr. Barron said that the Community 'Developzent and Planning Cominissiozl had recommended denial only because they feared that a precedent would be set, but pointed out that the property in question has .industrial development on two sides and P70Uld be a good buffer between the Windwood resfdents and industrial properties. Mr. Hughes said that lie is concerned that he would have problems opposing other similar proposais on tha West side of Cahill Xoad .and on the North side of GI. 78th Sc. that have different facts and circum- stznces from this pardel if this zoning shoald be approved. come=. &at another commercial building might also be built to the Norrh of XnGmsd. building wo-ddloccur mostly in the early morning and in the everiing ad that the origizl21ly approved town house development would generate approsimately 400 trips FEZ- day which would be spread out evenly during the day. (Councilman Courtney left e Che meeting at this point.) Nr. Morris Levin, 5710 Cahill Road, representing the Vk~dwooci Boneowners ' Association, rea6 a ststenrent oyposing the proposed zoning and eitiphasized that trees would not completely screen the parking lot. An unidentified gzntlemnin the aud5ence said-that an additional 50 or 60 signatures would be added to the petition which had been submitted iii opposition to the proposal, Bo further comzents being heard, the Mayor annomced that the hearing would be contin- ued to August 6, 1979, and that nev notices t70uld be sent out. Mr. Barron also said that the traffic flow for the office building would' He also expressed U Mr, I!,ushes said khat the 900 to 1,CCC trips per Say for the office No action was taken. FAIR~ILC' s P,ROSPECT HILLS SUBDTVLSION DENIED ~?RELIIIIXARY PLAT AFFXOVAL. Affida- vits of Notfce,i~ere presented by Clerk, approved as to forn and ordered placed on * file. $1~. Hug&s presented the petition for approval of Fai.rc1iild's Prospect zlills, advising that this one lot plat is generally located South of 14. 70th Street and West of Antrim Road and that it would ineasure 80 feet by 238 feet, or 1'3,200 square feet in area. 'exisitng single famZly dwelling. Zfr. Hughes said that the Community Developnient and Tlzmatng Commission bad recomnended denial of the plat for the following -rea- soas: intended as a single building site 3s evidenced by the central location of the existiog dwellings, the location of drives 2nd parkhg areas and the location of terraces, landscaping and-a swimnling pool; 2) The proposed lot width would be '"20 feet ozrrower than the narrol4qst lot ia Prospect Hills, wliich lot wouLd appear crovded in relation to surrounding dwellings and would not be compatible with the overall cha.racter of Prospect Eills; 3) The appro',rai af the proposed ssbdivision could establish a 2zeczdence leading to the creation DE siailarly naxov lots in the area which would Eurther detract from the chosxcter of Prcspect BFiis. No coments being heard , CounciSman Bredesen's motion for denial for reasons given by the Cosi~m~aitg Gevelopment and Plaiining Comniissj-on wzs seconded bj Councii- A 41,040 square foot lot would be reta5ned for t.he I) It is apparent that the subject property was originally developed 2nd I e WXTEIII Schmidt. &es: IJays: Sane 3fot5Gn carried'.' Eredeseu, Richards, Schaidt, Van Vslkqnburg 1 I* ,* .I - I I CROSSTOWN EICIll?AY IJOISE DISCUSSED. Council's attention was called to a letter -1--- ne cl by fourteexi familiy 2iy*,$&8 on ParneLl, *Ryan and Virginii a Avenusp near ortlieast ql~&mt o.~ .tire.+~mss town ~Lg~iwrty ~cl :!ig;htJzy -lau-wliicli kxgucts ted that some action be taken to reduce the noise level in their area. The lcttrr emphasized that some signers did not want a wall constructed and suggested that the speed limit on the Crosstown Highway could be reduced to 45 miles per hour, which action would cause many t.rucks to use Interstate 494. Nr. Rosland said khat lie did not think that the speed reduction would be practical but suggested An unidentified lady vho lives on Wyrnan Avenue said that the noise also causes difficulty in her neighborhood and asked if something could be done to help her area. She was told that, because her area is higher than the highway, it would be difficult to help in that area. Councilman Richards suggested that the staff contact residents to determine if they would like a berm and trees before taking any further action.., Mr. Roslan'd said that he would bring the matter back for Council's determination. No formal action was taken. ,an earth berm and/or a heavy planting of spruce trees would help solve the probl-em. TRAPPING ORDINANCE DISCUSSED; NO AGsrl;QN TAKEN AS THIS TIED. Mr. Rosland '-- recalled that 'in November, 1978, the Countil had adopted Ordinance No. 1071 which ordinance would prohibit use of steel-jawed, leghold traps within the City, but that beavers which are. causing,great problems. in the City and in Hopkins can- not be captured with..any.other type of trap.' He expressed conceni about anlend- ing the ordinance but emphasized that the nuisance must be abated. Mrs. Nancy Nelson, 5854 Creek Valley Road, said that she represented a group of people who are very concerned about the possible amendment to the ordinance and recalled that Mr. David Johnson of the Wisconsb Department of'Natriral Resources had suc- cessfully used the Bailey live trap for over 20 years and that her group would be glad to buy traps.--for the City.or find some. that could be borrowed. Moss of St. Croix, Wiscons.in offered to loan some live traps to the City. James .Melcowski, Director of the Dodge Nature.Center, said that he would take two traps and members' of the' Wild Llfe Nature Preserve grcrup said that they would take five traps. I&. John Vadnais, Area Enforcement Officer for the Department of Natural Resources not believe that they will be effective. He added that it will be difficult to eliminate an entire beaver colony. It was generally decided that the City will work with members of the W5kl' Life group in the use of' the Bailey trap but that if it is not satisfactory, other action will need to he taken. was taken. Mr. Bruce Nr. . said that he also has two Bailey traps but that he dces . No formal act3-cn TRACY AVENUE LIFT STATIOhT REPAIR BID AWARDED. of two bids for labor and appurtenances necessary to assist the Sever Departnent replace pumps at' the Tracy Ave. Lift Station. anical low bidder at $1,750.00 and G. L. Contracting, at $2,324.00. Council- man Richards ' motion was seconded by Councilwoman Schmidt ifor zmard to, recow Mr. Rosland presented tabulation Tzbulation showed Korwitz Mech- ._ inended low bidder, 'Homitz Pfechanical ?or $1 , 750 .OO . . I_ Ayes : Bredesen, Pd-chards, Schmidt, Van Vallcenburg Nays: None .. Xiotion carried. PNSTALUTION OF 200 LINEAL FEET 0% 36'' C.M.P. 'FOX WILLIbB WAPSIbJELL LEWIS PARK BID -- AWARDED. Mr. Roslaiid presented tabulatior, of two bids received for installation of 200 lineal feet of 36" C.M.P. to be supplied by the City of Edina as a part of the Storm Sewer for Willi.am Wardwell Lewis Park. Contracting, Inc., OW bidder at $1,700 and M~tt Bullock Contrecting Co. , Inc. at $2,240 .OO. Councilwo~iian Schmidt's motion €or award to recommended low bidder, Tabulation showed C, L. . G. L. Contracting, was seconded by Ccimcilman Richards. Ayes: Bredesen, Richards, Schmidt, Van Valkenburg EIo tion carried. ways: Boce ---- EDEN PRAIRIE-XDINA S CIIOOL DISTRICT BOtlhX)AKY CWA$IGE PXOPOSAL NOTED - .. COlXlCiI was advised of a Iiearjng to be held c.n July 31, 1979, zt i0:30 a.m. in the County - Bwrd Room _?t GoverEmcnt Center for the transfer of property TIL "Jr-aemnr Bills 7, 8, 3, and IOth Additions frox Edeii Prairie Independent School District 272 ta Edina School Oistrict 273. No action was taken. INTRA-CITY attention to a memorandrim from Mr. lloffnarz regarcling the gossibility OE operating BUS OPERATION SCHEDLJLE DISCUSSED. -- Nr. Rosland called Counc.i.L '-6 -, - -- 148 r possibility of obtaining Federal funding' for a possible intra-city bus and. to con- tinue the study for a bus on a year round basis. COUNCIL AUIXORITY TO SERVE AS BOARD OF APPEALS AND ADJUSTMEMTS DISCUSSED. requested by Mayor Van Vallcenburg, Mr. Erickson said that; he would look i~to -the legalfty for the Council to serve as alternate ?embers of the 3oarJ .of Appeals and Adjustments so that when a zoning matter would require a variznce, it coyld be granted by the Council soasnot to delay the procedure any more than necessary. No formal action was taken. SPECIAL ASSESSMENT NAIVER OF OBJECTIQNS DTSCUSSED. MK. Rosland questioned the use of a waiver of objections to special assessments which had beerr drafted by the City Attorney for instances where public improvements are requested by a 100% petition. . It was generally decided that this procedure could be appropriately used after bids are taken and the cost of the improvement is known. No formal action was taken. No formal action was talcen, Asg ft s. RECREATIONAL VEHICLE ORDINANCE LETTER NOTED. Council's attention was called to a letter from pfr. and Mrs. John S. Hale, 5504 Halifax Lane, protesting'the possi- bility that the ordinance pertaining to recreational vehicles and motor homes nay be amended to allow storage in dziveways. No action was talcen. ORDINANCE NO. 901-A8 GRANTED FIRST READING.. Councilwoman Schmidt offered the 5ollowing ordinance €or First Reading: ORDINANCE NO. 901-AS A?l ORDINANCE ANENDING ORDINANCE NO. 901 TO ELIEIiE?ATE THE DEFINITION OF MINOR, TO ALLOW THE SALE OF INTOXICATING AND NON-INTOXICATING HALT LIQUOFG TO PERSONS 19 YEARS OF AGE AND OLDER, AND TO REGULATE THE EMPLOYBENT OF PESONS UNDER 19 YEARS.OF AGE, AND THE PURCHASE, POSSESSION, AXD CONSUMPTION OF SUCH LIQUORS BY PERSONS UNDER 19 YEARS 9F AGE FIE CITY COUNCIL OF TAE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. the definition of "Minor". Sec. 2. Sectio-n 1 of Ordinance No. 901 is hereby amended to delete The last sentence of paragraph (c) of Sec. 3 is hereby amended . to read as f0110~S: "No person under 19 years of age shall be employed in the 2 3' Sec. 3. Paragraph (d) of' Sec. 6 is hereby amended to read as follows: *+ ~ dispensary." "(d) -- dispensary premises . I' z . No person under 19 years of age shall be permitted to remain on the . ~ Sec. 4, Paragraphs (b) and (c) of Sec. 12 are hereby amended to read as follows: .. *- "(b) . "(c) Eo liquor shall be sold to any person under 19 years of age, or ta No person under. 19 years of age shall be employed in any room&- : an,into;+cating person, directly or indirectly. *,r constitutbg the place in. which intoxicating liquors are sold. 'i Sec: 5. The first proviso in the first sentence of paragraph (b) of ~ Sec. i3 is+hereby amended to read as follows: I be granted to a person under 19 years of age, or.... 'I.. . .provided, thczt no license may 11 , . Sec. 6, The heading of PART G of Ordfnance 80. 901 i.s here%y amended to . * 1, read as follows: :a - .I PURCHASE, POSSESSION Am CONSZTION .- "PART G. OF INTOXICATING LIQUOR AND XON-INTOXIC.AT1E:G - BLXLT LIQUOR BY PERSONS UNDES 19 YEARS OF AGE." Sec. 7. Sec, 25 of Ordinance No. 901 is hereby amended to read'as,follows: "Sec. 25. Purcliase by Persons Under 19 Years of Age. No person under 19 years of age shall purchase, directly or indirectly, any intoxicating Xiq&or or .;ncr;-intoxicating malt liquor." .. I See. 8. Sec. 23 oE Ordinance No. 901 is hereby amended to read as follows: Sez. 26. Missepresencation of Agk No person under 19 years of "age I1 shall represent that hr of she is 19 years of age or over for rhz purpose of obtaining asy .intoxicating liquor or non-intoxicating mille liquor. I' Sec. 9. Sec. 27. Sec. 27 of Ordinance No. 901 i.s hereby ar:iended to &ad as' follms: Possession or Consuqt:ion b;f Persons - !!ader 19 Years of kg5 Eo person ,,mder 19 years of age shall possess Oj: ccnsum .intoxicacing liquor'.or - non-intokicatbng malt Liquor, except at the liouseholc? of and .in the personal, I " -. aresence 05 his or her parent or lawful guardian, follows : + .I p:rrciiase for or furnisi1 to any person'under 19 years of ege En:: ii7SmicatPng s , f 'Sec. 10, Sec. 28 of Ordinance-No. 901 is hereby amended to read-as.' .. .. ' "Sec. 28. Rirnishhg po Persons Under I9 Years of Lip? Xfd perc;an-s%all Liquor or nqn-intxrdcating nali: L~quor, except 1x2 the colupmy of .his or her parent n?- ?.awE~~l gmrdian , -1 *e. 11 I Sec. 11. This ordinance sh aie and publicatian. ’. . 149 11 be in full force and effe t upon its pass- , Blvd. and the South City Limits and for sanitary sewer to serve France Ave. be- tween Parklawn Elvd. and the South City Limits and to serve W. 76th Street from France Ave. to 400 feet West of Ynrk. Ave. Councilman Richards then offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON TJATER?AAIN INPROVEMENT NO. P-VE-336 RND SANITARY SEWER NO. P-SS-352 I., The City Engineer, having submritted to the Council a preliminary report as to the feasibility of the proposed Sanitary Sewer and IiTateimain described in the form of Notice set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, August 6, 1979, at 7:OO p.m. in the Edina City Hall, to consider in public hearing.the views of all persons inter- ested in said improvements. 3. place and purpose of said meeting to.be published in the official newspaper once a week for two. suc.cessive weeks , the second of which publication is to be not le,ss than three days from the date’of said meeting, and to mail notice to all affected properties in substantially the folhwing form: CITY OF EDINA 4801 W. 50TH STREET ,’ The City Clerk is hereby authorked and directed to cause notice bf the time, (Official Publication) -. t EDINA, MIRNESOTA 55424 . - NOTICE OF PUBLIC HEARING SANITARY SEWER & WATSRNAIN IMPROVEMENT NO I P-SS-352 IWEOVENENT NO. P-WN-336 THE EDINA CITY COUNCIL will meet at the Edina City Hall, 4801 W. 50th Street, an ’ Nonday, August 6, 1979, at 7:OO p.m. , to’consider the following proposed improve- ments to be constructed under the authori‘ty granted by the Minnesota Statutes, Chapter 429. T’ne appzoxiiliate cost of said improvements are estimated by the City as set forth below: ESTIMATED COST 1. SANITAR’I SEWER IWliOVEMENT NO. P-SS-352 $139,839.86 2. WATEJUIAIN %PROVEPENT NO. P-WM-336 92,699.84 The area proposed to be assessed for the cost’ of the proposed Sanitary Sewer. No. P-SS-352 includes part of Sec. 32, T. 28, R. 24 as follows: The Southerly . 400’ and Westerly 400’ of the W. .% of the N.W. k of the S.N. % except road; I the South-400’ of the E. % of the M.W. %.of the S.W. k except road; the Xorth- erly 400’ and Westerly 400’ of the W. . Hortherly 400’ of the W. 17 rods of the E. 117 7/12 rods of the S. of the S.W. k; the Northerly 400’ of the W. 10 9/12 rods of the E. 100 7/12 rods . of’the S. :% of the S.W. k except road; the Northerly 400’ of the W. 10 9/12 rods ’ of the‘ E.’ 83 10/12 rods of the S. % of the S. 4 of the S.W. 4 except road; The area proposed to be assessed for the cost of the proposed Wa(rermain No. P-W-336 includes the Wes.terly 400’ of the 3. % of the N.B. 2, of the S.W.” k except road, and the Westerly 400’ of tfie W. % of the S.W. % of the S.V. % ‘except road. Motion for adoption of the resolution was seconded by Councilwonzn Schmidt. of the S.W. k of S.W. except’road; the it City Clerk RollcaLl : Nays: None Kesul.ut icin adopt cd . I/ Ayes : ‘Bredesen, Richards , Schmidt, Van Valkenburg I. t c-’ . 1973 AUDIT was presented to the Council, reviewed and ordered placed on file by motion of Councilwomin Schmidt , seconded by Councilma3 Richards. Ayes : Br-edesen, Richards, Schmidt, Van Valkenburg Nays: None .- Motioil carried. CLALPIS PA?f). Notion of Councilman Bredesen was seconded by Councilnan Richards for paymnt of the iollowing claims as per Pre-List: Pailc Fund, $5,972.72; Art Center, $403.66; Park Cozstructjion, $41,723.00; Swim- ming Pool, $1,663.64; Golf Course, $64,947.33; Arena Center, $14,478.14; C,cn Range, $562.83; Water Rind, $29,116.57; Sewer knd, $103,001.04; Liquor Fund, $10$,630.55,; Construction Fund, $26 1,902 e 61 ; Total, $879 I? 1.41. General Fund, $237,712.32; i Ayes : Bredesen, Richards, Scbmidc, Van Vailcenburg .Nays: TJone 310 t ion carsi ed . 7 f 16 / 79 .. 7 _. $50 . -* Couricil.'~ agenda liaviug been covered, Councilxan RtchnFds ' 810 tion for adj.uui:nmrjat was seconded by Councilwpmczn -Schmidt and uiianimously carrled. 10:20 p.m. Adj ouriinient ail . L. *- . r 1 ..- ;- . .J .. I k ..