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HomeMy WebLinkAbout19770413_specialNINUTES OF SPISCIAL CQLlNCIL PIEBTING April 13, 1977. The City Council of the City of Edina met on April 13, 1977. the purpose of discussing with the.City,httorney and the City staff strategy concerning, and possible resolution of, a potential lawsuit with Wallace Kenneth over his development of the area proposed by Kenneth to be platted as Inter- lachen Hills 3rd Addition, and the requirement of the City that he dedicate a portion of that area for parks, public open space, and storm water holding areas. Because of the subject matter of the meeting, involving a potential lawsuit, prior public notice of the meeting'kTas not given. The meeting was for Those present at the meeting were City Manager Hyde, Councilmembers Courtney, Schmidt, Shaw and Van Valkenburg, City Attorney Erickson, and City staff members Hughes, Luce and Swanson. Gordon Hughes updated the Council on devel- opments since the Council Meeting of March 21, 1977. Since that date, Nr, Kenneth has requested the addition of eight R-2 lots on the West: side of Lincoln Drive and the Southerly movement, by 50 feet, of the South line of Lot 41 of the proposed plat. To gain those eight lots along Lincoln Drive and the Southerly movement of the South line of Lot 41, Kenneth has agreed to remove certain flood plain encroachments in the West portion of Lots 41 and 42. If the eight lots are allowed, the lot line moved, and such encroachments removed, the net flood plain encroachment would still not exceed the aLlowed 20%. Kenneth has also requested that the City pay the delinquent taxes and specials on the property to be dedicated. recalculation, the amount that the City desires to obtain is only 36% (it vas 59% of the entire parceg. of delinquent taxes and installments of special assessments, including pen- alties and interest, attributable to the 36% is estimated to be $53,000. Hughes further advised that the attorneys for the Nine Mile Creek Watershed District have responded favorably to the request by the City that the District participate in payment of such taxes and assessments. Mr. Hughes advised that . it is'the District's policy to participate up to 25% in the cost of acquisition of flood plain lands. mately $40,000. assessments now levied 3ut ao~: delinquent. brzrg and Councilman Shaw asked that it be made clear to Mr. Kenneth, should the City decide to Contribute toward the delinquent taxes and assessments, that future assessments are pending and will be levied against the Kenneth property to the extent it is benefited. Mr. Hughes also advised the Council that Kenneth wants a written commitment that a public road will be made available to the lots in the Northeast corner of the proposed plat that presently do not have pu3lic road access. Comments were expressed by the Council members that such a commit- ment could be given since it is the City's intent to provide public road access to that property as soon as possible. The possibility of setting a precedent relative to the flood plain area was discussed. Council that a precedent would not be established by any contribution made by the City because of the large percentage of flood plain land in Kenneth's pro- perty and because each parcel has to be considered on its own facts and merits. After further discussion, it 1.7as moved by Councilmember Schmi-dt that the City of Edina agree to accept a dedication of the flood plain area on the Kenneth pro- perty South of the new proposed South line of Lot 41 af the proposed plat and Vest of the proposed eight new R-2 lots along the West side of Lincoln Road, with an access from Lincoln Drive to that property 60 feet in width immediately South of the new proposed South line of Lot 41; that the City contribute an amount equal to 36% of the cnpaid taxes and installments of special assessments, including penalties and interest, which it is estimated will be approximately $53,000, toward the total taxes and installments of special assessments due against the Kenneth property; that the City apply to the Watershed District for a contribution by the District of at least 25% of the amount contributed by the City; and that the staff proceed to take the necessary steps under the City ordinances to process the plat modification and the rezoning of the proposed eight R-2 lots to the R-2 zone. The motion was seconded by Councilinember Shaw and passed unanimously. Mr. Hughes advised the Council that by a Mr. HugKes further advised the Council that the amomt l€r. This would mean that the City's share would be approxi- The area dedicated to the Ciky also would retain its share of During discussion, $kiy~r Vza Valken- It was the consensus of the . I There being no further business to come before the meeting, the meeting thereupon- ad j ourned .