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HomeMy WebLinkAbout19760830_specialMINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD AUGUST 30, 1974, 4:30 P.M. AZ' EDINA CITY HALL .. Answering rollcall were members Courtney, Schmidt, Shaw arid Mayor Van Valkenburg. KRAHL HILL CONDEMNATIOM CONTIhTED TO SEPTEMBER 7, 1976. Mr. Hyde advised Council that this meeting had been called at the recommendation of the City Attorney so that the Council could decide whether or not to appeal the Comzissioners' award for Krahl Hill. Mr, Erickson reviewed his letter to the Council dated August 26, '1376, in which he had presented information for Council's consideration of the $324,000 awarcl, recalling that the City Appraiser had valued the property at $277,000 and the landowners' appraiser had valued the property at $450,000. Erickson advised that the City had been served with a Notice of Appeal in the matter of the Krahl Hill condemnation and also that a demand has been made by Mr. Gittleman for payment of three-fourths of the award, as permitted by law, such amount being $243;000. Mr. Erickson clarified that, in addition to the require- ment of prompt payment of the $243,000, the statute relating to appeals states that any party may, within 40 days from the date of filing of the Commissioners' award, appeal the award by filing a notice of the appeal and mailing a copy to all parties having an interest and that, within 10 days of the date of mailing, any other party may appeal. has 4.0 days to appeal, but if one side appeals, the other side has only ten days after the date of mailing in which to file its appeal. recalled that, notwithstanding the appeal period, he had previously advised the Council that it is desirable to decide whether or not to dismiss the condemna- tion proceeding prior to making the three-fourths payment now demanded by the owner. He added that he had been advised by Mr. Gittleman's attorneys that he is willing to accept the Commissioners' award, despite the appeal. Mr. Crane Bodine, 6141.Arctic Way, representing Arctic Hills homeowners, said that he had not had an opportunity to discuss the possibility of neighborhood participation in paying ic portion of the cost of the land because he had not known how much money would have to be raised. He requested that the matter be continued for 30 days so that residents could meet and get support for raising the approximate $40,000 difference between the $280,000 which the City had agreed to pay and the price required by Mr, Gittleman. Mr. Bodine said that he did not think that the additional cost for the land should be ?aid.only by residents of the area, inasmuch as the retention of the property as open space would benefit the entire City. remarks. In response to a question of Mr. Hyde as to the position of the City if it now drops the condemnation, Xr. Erickson said that the City would be responi. sible for payment of reasonable costs and expenses, including attorney, appraisal and engineering fees. made to have the appeal continued an additional 30 days to give residents an opportunity to raise add'itional funds. Bodine that the Council was in error when it did not appeal the Krahl Hill zon- ing decision, Mr. Erickson recalled that his recommendation that the matter not be appeeled was based on the fact that he did not think that an appeal would be suc- cessful and that he would still stand upon that recommendation. Councilman Court- ney recalled that not all members of the Council and the staEf had agreed that the land is actually worth $280,000. Mr. Hyde added that already "Viking Hills is an island surrounded by a lot of open space .... with more green space than almost any other area in the City". He emphasized that the City does not have any addi- tional funds to spend on the acquisition of the property. he was not questioning the judgment of Mr. Hyde or Mr. Erickson but he asked that the record show that he appreciated the efforts made by the City in attempting to acquire Krahl Hill. Larkin to agree that prompt payment need not be made in this case so that he would have time to check further on whether the 10 or the 40 day appeal period applies. the "tine period", but said that he would recommend that Council decide on its action by September 3. Mr. Shaw said that he would feel negatively about pay- ing the three-quarters of the award at this time, and also felt "hard pushed" to go up to $280,000. Council might have to pay over $280,000 for the property. said that Councilman Richards had expressed his similar coilcern to him. Mr. Erickson said that the Council. must make a decision as to what to do if an extension of time cannot be obtained, as well as a decision on what to do if an extension of time is granted. Following considerable discussion, Councilman Courtney offered the following resolution and moved its adoption: Mr.' He clarified that in a condemnation case, each side Mr. Erickson Hr. Richard L. Seaberg, 6108 Arctic Way, expressed support of Mr. Bodine's. Mayor Van Valkenburg suggested that a request could be In response to an inference of Mr. Mr. Bodine said that Mr. Erickson suggested that it might be possible to get M-r. He emphasized the two separate problems of the "appeal period" and of. Councilmen Shaw and Courtney expressed concern that the Mayor Van Valkenburg ESSOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the City Attorney to request the dismissal of the appeal of the Krahl Hill condemnation so that the .. City and the Vilcing Xills property owners will have until Septexber 22, 1976, in which to obtain funds to pay the Commissioners' award or allow the City to dismiss the action; and BE IT FURTJiIER RESOLVED that if an extension of time cannot be obtained, the City Attorney is authorized to dismiss the condemnation action by September 3, 1976; and BE IT RESOLVED FURTHER that this matter will again be considered by the Council at its Special Meeting of September 8, $1976, if the delay is approved. Notion for adoption of the resolution was seconded by Councilwoman Schmidt. . Rollcall : Ayes: Courtney, Shaiir, Schmidt, Van Valkenburg Nays: None Resolution adopted. Hr. Hyde suggested that if the cash contributions of residents are made as donations To the City, rather than special assessments, that amount would 5e tax deductable. He also indicated that the City might be in a position to finance the prepayment of ' this amount for residents, LAKE EDINA RESTRICTIONS CONTINUED.. Mr. Erickson advised that the City is now . replatting property hy Lake Edina which it purchased many years ago and requested that the restrictions that had been removed in 1971 now be put back on the property as previously agreed. zoning for the property and suggested continuing the matter further. action was taken. . Mr. Hyde said that there has been some discussion of R-2 No formal . CLAIMS PAID. Motion of Councilman Courtney was seconded by Councilwoman Schmidt €or payment of the following claims as per pre-list: Park Fund, $2,753.68; Park Construction, $42,543.78; Swimming Pool, $2,416.00; Golf Course, $7,497.00; Arena, $1,986.79; Gun Range, $6.81; Water Works, $16,741.71; Sewer Rental Fund, $2,282.27; Liquor Fund, $93,508.01, Construction Fund, $385.00; Total, $224,248.56. General Fund, $54,227.51; Ayes: Courtney, Shaw, Schmidt, Van Valkenburg Nays: None Motion carried. 1 No further business appearing, Councilman Shaw's motion for adjournment was sec- onded by Councilwoman Schmidt. Adjournment at 5:55 p.m. .