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e MINUTES OF THE REGULARMEETING OF THE <br />EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON <br />MONDAY, JANUARY 15, 197 3 <br />Members answering rollcall' were Councilmen Courtney, Johnson, Shaw and Van <br />Van Valkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen. <br />was on the agenda, having been continued from November 6, December 4 and Dec- <br />ember 18, 1972, to call Council's attention to the fact that the plat had been <br />withdrawn. He referred to a report of the Environmental Quality Commission <br />in regard to the property and advised that the proponent now has an alternate <br />proposal for the development of the property in question. Mr. Erickson said <br />that the property owner has agreed to a proposal which in part conforms to the <br />Nine Mile Creek Watershed District regulations, in part conforms to the <br />Environmental Quality Commission standards, and in part does not conform to <br />any established standards. He said that the proposal called for 20% of the <br />lot below the flood elevation to be filled and that a portion of that 20% <br />would be in the location of the house that is proposed to be built on the <br />property and a part of that 20% would-be filled to a depth of one foot of <br />what is presently described either as a "mud flat" by the developer or as <br />a "pond" by the environmentalists. Mr. Erickson explained that all of this <br />fill would be done pursuant to plans that the Village would approve. <br />of the Outlot would be deeded to the Village to give the Village control of <br />both sides of the creek, including the ropond" area. <br />then be allowed on Outlot A and assessments would be transferred to the <br />portion of the Outlot which would not be in Village ownership. <br />clarified that any approval of development along those lines would need the <br />approval of the Nine Mile Creek Watershed District and that the house would <br />have to be constructed subject to setback variance which b70Uld require <br />approval by the Board of Appeals. With the aid of the view-graph, Mr. West <br />explained the topography of the property and the concerns of the Environ- <br />mental Quality Commission. <br />granted by the Nine Mile Creek Watershed District to move the creek, but <br />that the time period had lapsed and jiermission had now been denied. Mr. <br />Erickson recommended that, should the Council approve Mr. Gustafson's request <br />to fill the portion of the flood plain, it should be subject to the following <br />conditions: <br />1. <br />2. <br />3. <br />4. Restriction on more fill on Outlot A; <br />5. <br />A portion <br />No further fill would <br />Mr. Erickson <br />Note was taken that at one time a permit had been <br />Approval of the fill plans by the Nine Mile Creek Watershed District and <br />by the Village; <br />Approval of the house setback variance by the Board of Appeals; <br />Conveyance of the land along the creek to the Village; <br />Transfer of special assessments to the property on which the house <br />is to be built. <br />I <br />In reply to a question of Councilman Johnson as to whether a precedent is being <br />established in allowing a flood plain to be filled, even though with only one <br />foot of fill, Mr. Luce said,that the Nine Mile Creek Watershed District is <br />aslcing less stringent limitations than either the Edina Environmental Quality <br />Commission ox the proposed Flood Plain Ordinance would permit. <br />considerable discussion, Councilman Johnson said that he believes that fill- <br />ing the flood plain as proposed by Mr. Gustafson is a reasonable compromise. <br />He then moved approval of the request to fill the flood plain and-declared the <br />Outlot a buildable lot, subject to the conditions of the Village Attorney as <br />set forth above. Notion was then seconded by Councilman Courtney and on roll- <br />call there were four ayes and no nays and the motion carried. <br />Following <br />OUTLOT 2,. IROQUOIS HILLS 4TH ADDITION CONTINUED INDEFINITELY. As recommended <br />by Mr. Dunn, Councilman Shaw's motion was seconded by Councilman Courtney and <br />carried, continuing indefinitely the riiatfer of whether Outlot 2 , Iroquois <br />Hills 4th Addition should be declared a buildable lot. <br />EVANSWOOD 2ND ADDITION GRANTED FINAL PLAT APPROVAL. <br />wood 2nd Addition for.fina1 plat approval. <br />man Johnson offered the following resolution as recommended by the shaff and <br />moved its adoption: <br />Mr. Luce presented Evans- <br />No objections being heard, Council- <br />RESOLUTION APPROVING FINAL PLAT OF <br />EVANSNOOD 2ND ADDITION <br />BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that - that certain plat entitled fiEvanswood 2nd Addition", platted by Lucille E. <br />Muth and F. Charles Muth, husband and wife, and presented at the meeting of <br />the Edina Village Council of January 15, 1973, be and is hereby granted final <br />approval .