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NINUTES OF SPISCIAL CQLlNCIL PIEBTING <br />April 13, 1977. <br />The City Council of the City of Edina met on April 13, 1977. <br />the purpose of discussing with the.City,httorney and the City staff strategy <br />concerning, and possible resolution of, a potential lawsuit with Wallace Kenneth <br />over his development of the area proposed by Kenneth to be platted as Inter- <br />lachen Hills 3rd Addition, and the requirement of the City that he dedicate a <br />portion of that area for parks, public open space, and storm water holding areas. <br />Because of the subject matter of the meeting, involving a potential lawsuit, <br />prior public notice of the meeting'kTas not given. <br />The meeting was for <br />Those present at the meeting were City Manager Hyde, Councilmembers Courtney, <br />Schmidt, Shaw and Van Valkenburg, City Attorney Erickson, and City staff <br />members Hughes, Luce and Swanson. Gordon Hughes updated the Council on devel- <br />opments since the Council Meeting of March 21, 1977. Since that date, Nr, <br />Kenneth has requested the addition of eight R-2 lots on the West: side of <br />Lincoln Drive and the Southerly movement, by 50 feet, of the South line of Lot <br />41 of the proposed plat. To gain those eight lots along Lincoln Drive and the <br />Southerly movement of the South line of Lot 41, Kenneth has agreed to remove <br />certain flood plain encroachments in the West portion of Lots 41 and 42. If <br />the eight lots are allowed, the lot line moved, and such encroachments removed, <br />the net flood plain encroachment would still not exceed the aLlowed 20%. <br />Kenneth has also requested that the City pay the delinquent taxes and specials <br />on the property to be dedicated. <br />recalculation, the amount that the City desires to obtain is only 36% (it vas <br />59% of the entire parceg. <br />of delinquent taxes and installments of special assessments, including pen- <br />alties and interest, attributable to the 36% is estimated to be $53,000. <br />Hughes further advised that the attorneys for the Nine Mile Creek Watershed <br />District have responded favorably to the request by the City that the District <br />participate in payment of such taxes and assessments. Mr. Hughes advised that . <br />it is'the District's policy to participate up to 25% in the cost of acquisition <br />of flood plain lands. <br />mately $40,000. <br />assessments now levied 3ut ao~: delinquent. <br />brzrg and Councilman Shaw asked that it be made clear to Mr. Kenneth, should the <br />City decide to Contribute toward the delinquent taxes and assessments, that <br />future assessments are pending and will be levied against the Kenneth property <br />to the extent it is benefited. Mr. Hughes also advised the Council that Kenneth <br />wants a written commitment that a public road will be made available to the lots <br />in the Northeast corner of the proposed plat that presently do not have pu3lic <br />road access. Comments were expressed by the Council members that such a commit- <br />ment could be given since it is the City's intent to provide public road access <br />to that property as soon as possible. The possibility of setting a precedent <br />relative to the flood plain area was discussed. <br />Council that a precedent would not be established by any contribution made by <br />the City because of the large percentage of flood plain land in Kenneth's pro- <br />perty and because each parcel has to be considered on its own facts and merits. <br />After further discussion, it 1.7as moved by Councilmember Schmi-dt that the City of <br />Edina agree to accept a dedication of the flood plain area on the Kenneth pro- <br />perty South of the new proposed South line of Lot 41 af the proposed plat and <br />Vest of the proposed eight new R-2 lots along the West side of Lincoln Road, with <br />an access from Lincoln Drive to that property 60 feet in width immediately <br />South of the new proposed South line of Lot 41; that the City contribute an <br />amount equal to 36% of the cnpaid taxes and installments of special assessments, <br />including penalties and interest, which it is estimated will be approximately <br />$53,000, toward the total taxes and installments of special assessments due <br />against the Kenneth property; that the City apply to the Watershed District for <br />a contribution by the District of at least 25% of the amount contributed by the <br />City; and that the staff proceed to take the necessary steps under the City <br />ordinances to process the plat modification and the rezoning of the proposed <br />eight R-2 lots to the R-2 zone. The motion was seconded by Councilinember Shaw <br />and passed unanimously. <br />Mr. Hughes advised the Council that by a <br />Mr. HugKes further advised the Council that the amomt <br />l€r. <br />This would mean that the City's share would be approxi- <br />The area dedicated to the Ciky also would retain its share of <br />During discussion, $kiy~r Vza Valken- <br />It was the consensus of the <br />. <br />I <br />There being no further business to come before the meeting, the meeting thereupon- <br />ad j ourned .