Laserfiche WebLink
144 <br />EirNTJTES <br />, OF THE REGULAR MEETING OF DIE <br />EDINA CITY COK?CIL HELD AT CITY HALL <br />JULY 16, 19JC <br />.. <br />. I m... <br />Answering rcjllcali were menhers Bredesen, Courtney , Richards, Schmidt and Nayor <br />Van Valkenburg f <br />MINliTES of June 18 and July 2, 1979, were approved as submitted by Icotion of <br />Councilwornan Schmidt, seconded by Councilnan Bredesen. <br />Ayes : Bredesen, Courtney, =chards , Schmidt, Van Valkenburg <br />Nays: None <br />Motion carried, <br />TRACTS .A AND B R.L.S. 1145 DEED RESTRICTIONS RELEASED SUBJECT TO LAND DEDICATION. <br />Affidavits of Notice were presented by Clerk, approved as to form and orderea <br />placed on file. Mr. Hughes presented the request of Fabri-Tek for the release of <br />.a Declaration of Ceed Restrictions for their property which is known as Tracts A <br />aad B, R.L.S. 1145 and located generally East of Lincoln Drive and South of Lon- <br />donderry Road. He recalled that this 30 acre tract of land was rezoned to PID <br />Planned Industrial District Ln 1965 at which time Fabri-Tek was required to Fro- <br />vide prctective covenants in favor*-of the City ~7hich stated that the s&ject pro- <br />perty shall be considered a single parcel and shall not be leased, conveyed, mart- <br />gaged ar otherwise encunbered except as 2 single parcel. <br />covenants alsc preclude the subdivision of the property iis well as the leasing of <br />a portion of the building on the property. <br />Zion of the protective covenants which would allow occupancy of the building.on . <br />che property by a maximum of two tenants but he could not support -any modificatfons <br />wbich wodd allow the subdivision of the subject property. He also recommended <br />th dedication to the City of Tract B of the subject property for the following <br />reasoss: <br />2) Tract B lies almost entirely withh tbe floodplzin; 3) Dedication of this <br />Farce1 would complete a public corridor along Nine Mile Creek froa Comty Bcad <br />18 to W. 70th St. Pir- ISa~co11~ Reid, representing Fabri-Tek, urged the Comcil to <br />Zake r'avora3le action so that they could negotiate a lease agreement with Honey- <br />well by A~gust I, 1979. Xr. M. F. Michelson, Chairman of the Board of 'Eabri-Telc, <br />spid th&,tke original intent was that Nine Xile Creek would hav2 all*bzen'ia <br />a corridor. He said that it would be logical to straighten out the lines between <br />Tracts U zd E md that the owners of the prop2.r:;- trzve authorized iiini tc nego- <br />Elate m their belialf. He explained that he has no questron buc that they will <br />ccoperate fully md rgquested that my problems be negotiated after the fact in <br />-&SI? of t?-eir August I, 1979 closing deadline. lk. Hughes expressed concern for ' <br />the OIEI~?: or' Lot 2, Block 2, Walnut Ridge 3rd AdOizion, who had relied on the fact <br />that T-L!:~ property would be West of his land. He rezoaqer-ded that a 100 foot cor- <br />ride.: bs provided abutting Nine Mile Creek over ad 2:ross Tract E, ad tb.2 the <br />7ropctsal Z@es not kclude any land exchange. Council 77as adviseii that FZbri-Tek <br />is interested in the eschange <br />the square footage of Lots D and E, thus naking these lots more suitzblc fCP R-1 <br />devcloymo2. Kr. Paul 33erklarrd, cwner of Lot / which abuts Lot E to the Xqrth, <br />wzs roid by 3fr- Htl&es ghat four or five lots coulri hi? built cn tbat property .m3 <br />that iv? hnses,co-dd possibly":$e added OIL the Kmth siG: of Londonderry, 31~- <br />Berklz2i: o3jected to any action pihich would disturb tis 'pool r?d wild liZ-2 avea <br />behind his house. W. Michelson said that the proposal to release the leasing <br />portio2 of the Geed restriction in exchazge for giving the City all of Tract B for <br />public oimership would not be acceptable by the owners of Tract B. <br />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. <br />Councilman Edhards moved that the restriction for Tract A be partial17 rcl'eased <br />so that Che bililding cza be leesod to more than cine tenmt, t%at a tract 100 feer, <br />in width aLong Nine Mile Creek be dedicated to the City over Tract E, :hat no <br />* changes will exist in Tracts C, D znd E, that a.releamc GE t!is road easement over <br />tfie Eorth 30 feet of Tract C be granted, and that Fahi-Tel: will pay zny filing <br />costs bcuirzc! in the trmsfer of the deed for the porthn of Tract B and for all <br />He clarified that the <br />Mr. Hughes recommended the modifica- <br />I) The protective covenants do not allow development of the property; <br />of land along the Creek Zn that it wod2 add t~ <br />- <br />He explained <br />. proceedings subsecpsit requlrcd. Motion was seconded by Ccr?ncilna Bredesen. <br />Ayes : Zrcdesw, Courtney, Xichards, Schmidr:, Van \'al'rtenhurt: <br />Nays : Mone <br />Motion carried.