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'7. MINUTES <br />OF THE REGULAR MEETING OF THE <br />EDINA CITY COUNCIL HELD AT CITY HALL <br />OCTOBER 7, 1985 <br />7 <br />Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor <br />Courtney. <br />SPECIAL ASSESSMENT FOR STREET IMPROVEMENT NO. BA-137A AMENDED. Mr. Rosland <br />recalled that at its meeting of September 16, 1985 the Council had proposed to <br />reduce the special assessment for Street Improvement No. BA-137A relating to the <br />property located at 5700-04 Hansen Road. Based on the irregular configuration of <br />the lot, it was proposed that the assessable feet be reduced by one-third. <br />Fosen, co-owner of the subject property, had:.also requested that an allowance of <br />$1,000 be made as compensation for trees he alleged were removed without his <br />consent. <br />promise reduced assessment based on 150 assessable feet or $3,000 because of the <br />narrow odd lot size. <br />now or in the future against the City regarding removal of trees and also withdraw <br />their opposition to the parking restrictions on Hansen Road. <br />that the compromise assessment proposed is based on a comparision of the subject <br />property with the assessable feet of the adjoining double dwelling unit to the <br />south. He reiterated staff's position that the contractor was not accountable for <br />the trees alleged to have been removed without consent. <br />Council could also base the assessment on the configuration of the lot. Mr. Fosen <br />commented that the irregular lot configuration was the reason they were requesting <br />a reduction; that the trees are a separate issue and they still feel trees were <br />removed from their property without consent but that they wished to resolve the <br />matter. <br />the lot slopes down into a valley and is unuseable. <br />that because the northern one-half of the property is essentially unuseable a <br />reduction of the assessment based on one-half the total footage could be justified. <br />After further discussion, Member Bredesen introduced the following resolution and <br />moved its adoption? subject to agreement by the co-owners of the property to <br />withdraw any pending legal actiomnow or in the future against the City regarding <br />removal of trees and to withdraw their opposition ta-the parking restrictions on <br />Hansen Road: - <br />Jim <br />Mr. Hoffman advised that the co-owners have now proposed to accept a com- <br />They have further agreed to withdraw any pending legal action <br />Mr. Hoffman explained <br />Mr. Hoffman added that the <br />Richard Pelava, co-owner, pointed out that the wedged shaped portion of <br />Member Bredesen commented <br />RESOLUTION AMENDING SPECIAL ASSESSMENT <br />LEVIED ON ACCOUNT OF PUBLIC IMPROVEMENT <br />BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: <br />1. Special assessment for Street Improvement No. BA-137A is hereby amended to <br />reduce the assessment for Part of Lot 6 and 7, Garden Park (32-117-21-0053) to <br />a total assessment of $3,400,00. <br />2. <br />copy of this resolution and a certified duplicate of said assessment with each <br />then unpaid installment and interest set forth separately, to be extended on the <br />tax lists of the County in accordance with this resolution. <br />Motion for adoption of the resolution was seconded by Member Turner. <br />The City Clerk shall forthwith prepare and transmit to the County Auditor a <br />Rollcall : <br />Ayes: Bredesen, Kelly, Richards, Turner, Courtney <br />Resolution adopted, <br />PUBLIC HEARING CONDUCTED; SIDEWALK REPLACEMENT IMPROVEMENT NO. S-35 AUTHORIZED. <br />Affidavits of Notice were presented by Clerk, approved and ordered placed on file. <br />Pursuant to due notice given, a public hearing was conducted and action taken as <br />hereinafter set forth: <br />A. SIDEWALK REPLACEMENT IMPROVEMENT NO. P-S-35 IN THE FOLLOWING: <br />West 44th Street, Woodcrest Drive and Park Place <br />Mr. Rosland presented the total estimated construction cost for Improvement <br />No. P-S-35 at $14,878.88, proposed to be assessed against 56 assessable lots at <br />an estimated cost of $250.00 per lot. Properties which do not have replacement <br />sidewalk constructed will not be assessed. Mr. Hoffman explained that the pro- <br />posed sidewalk repair project is similar to the Country Club District project <br />currently underway in which cracked, raised and/or sunken sidewalk is being <br />replaced. The project assessment is proposed to be spread over a three year <br />period. The proposed project would be done in the Fall of 1985 with assessment <br />in 1986 and the first installment due in 1978. He advised that a number of calls <br />had been received from property owners on the aforementioned streets requesting <br />the sidewalk replacement. <br />could be handled as an addendum to the contract awarded to Victor Carlson and <br />Country Club District. <br />response to the Notice of Public Hearing that was mailed to affected property <br />owners. <br />resolution and moved its adoption: <br />Mr. Hoffman said that the sidewalk replacement work <br />' Sons, Inc. for the sidewalk replacement currently being constructed in the <br />He added that no objections have been received in <br />No objections being heard, Member Turner introduced the following