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HomeMy WebLinkAbout19961007_regular, .. MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 7,1996 - 7:OO P.M. ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion made by Member Kelly and seconded by Member Smith adopting the Council Consent Agenda as presented with the exception of item V.A. one Public Works 145 H.P. Self Powered Snow Blower. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF SEPTEMBER 16.1996. APPROVED Motion made by Member Kelly and seconded by Member Smith approving the Minutes of the Regular Meeting of September 16,1996. Motion carried on rollcall vote - five ayes. PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS: ASSESSMENTS LEVIED Affidavits of Notice were presented, approved and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as recorded on the following proposed assessments: I. WATERMAIN IMPROVEMENT NO. WM-317 Location: Fuller Street and West 55th Street from France Avenue to Beard Avenue. Analysis of assessment for Watermain Improvement No. WM-317 showed total construction cost of $198,891.98 proposed to be assessed 56 lots at $3,474.35 against 21 lots, $3,574.34 against 35 having extra sod restoration and $828.73 against one lot that had a previous consumer deposit on record. Assessments to be spread over ten years. Bob Haben, 3800 West 55th Street requested no assessment because when he bought his home it had water and he feels there is no increase in value from the current project. Arthur Felker, representing Richard Felker, 371 3 West Fuller Street, urged Council to assess St. Peter’s Church for all connections. Assessment for Watermain Improvement No. WM-317 approved by motion of Member Smith, seconded by Member Maetzold. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 2. STREET IMPROVEMENT WITH CURB & GUTER NO. BA-302 Location: Maloney Avenue from Blake Road to Washington Avenue. Analysis of assessment for Improvement No. BA-302 showed a total construction cost of $497,436.83 less state aid reimbursement of $400,810.03 for a total of $96,626.80 proposed to be assessed against 40 parcels at $20.00 per assessable foot. Assessments to be spread over ten years. Judy Johnson, 425 Monroe Avenue South, requested relief from the assessment. Mrs. Johnson referring to her October 2, 1996 letter, stated the work done during the improvement has increased water problems on her property, caused problems with her fence and the quality of the work done by the contractor was very poor. Engineer Hoffman stated staff could modifY the Johnson property to rectify the water and grading problems. Member Smith moved adoption of the assessment as presented, directing staff to work with the property owner at 425 Monroe to resolve their issues. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards I Page 1 MinuteslEdina City CouncillOctober 7.1996 Motion carried. (Assessment levied by resolution later in Minutes.) 3. STREET IMPROVEMENT WITH CURB & GUlTER NO. BA-303 Location: Parklawn Avenue between Edinborough Way and Centennial Lakes Analysis of assessment for Improvement No. BA-303 showed a total construction cost of $2,201,326.83 proposed to be assessed against 27 parcels containing 1,473,445 assessable square feet at $1 -494 per square foot. Assessments to be spread over ten years. No oral objections were heard and no written objections were received prior hereto. Motion by Member Kelly, seconded by Member Smith approving the assessment of Improvement No. BA-303 as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 4. STREET IMPROVEMENT WITH CURB & GUlTER NO. BA-308 Location: Lakeview Drive from Concord Avenue to Wooddale Avenue. Analysis of assessment for Improvement No. BA-308 showed a total construction cost of $59,131.21 proposed to be assessed against 22 parcels containing 2,236.43 assessable feet at $26.44 per foot. Engineer Hoffman explained three homeowners should receive the following credit for replacing their own driveways: 4604 Lakeview -$793.20,4607 Lakeview-$I,O57.60, and 4608 Lakeview $528.89. In addition, the proposed rate is higher because the asphalt replacement costs were higher than estimated. The Public Works Department was renovating the street surface, therefore, Engineer Hoffman recommended the Public Works street renovation budget bear the higher cost not the homeowners. A letter was received from the property owner at 4506 Lakeview Drive objecting to the assessment because the property owner had allowed the City to construct storm sewer on their propetty. Engineer Hoffman recommended the two properties at 4506 Lakeview Drive and 4508 Lakeview Drive receive a credit in exchange for the easements granted on their properties. Engineer Hoffman acknowledged the appearance of the project is not satisfactory. In the spring the City will overlay the side of the road that is off-color at the City’s cost. Assessment to be spread over ten years. Motion of Member Kelly, seconded by Member Paulus approving the assessment of Improvement No. BA-308 with adjustments as proposed. I Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 5. AQUATIC WEEDS IMPROVEMENT NO. AQ-96 Location: lndianhead Lake Analysis of Assessment for Aquatic Weeds Improvement No. AQ-96 for lndianhead Lake showed a total cost of $9,690.63 proposed to be assessed against 33 homes at $293.66 per home. One year assessment payable in 1997. Analysis of Assessment for Aquatic Weeds Improvement No. AQ-96 for Arrowhead Lake showed a total cost of $1 1,574.95 proposed to be assessed against 31 homes at $373.93 per home. One year assessment payable in 1997. No oral objections were heard and no written objections were received prior hereto. Motion by Member Smith, seconded by Member Maetzold approving the assessment of Improvement No. AQ-96 as presented. Location: Arrowhead Lake Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 6. MAINTENANCE IMPROVEMENT NO. M-96 Location: 50th and France Business District Page 2 MinuteslEdina Citv CouncillOctober 7.1996 Analysis of Assessment for Maintenance Improvement No. M-96 showed a total maintenance cost of $68,101.74 proposed to be assessed against 324,294 assessment feet at $.021 per foot. One year assessment payable in 1997. No oral objections were heard and no written objections were received prior hereto. Motion by Member Maetzold, seconded by Member Smith approving the assessment of Improvement No. M-96 as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) I 7. TREE REMOVAL PROJECT NO. TR-96 Various locations throughout the City Analysis of assessment for removal of dead or diseased trees showed a total cost of $6,060.76 proposed to be assessed against seven parcels. The amount and term per parcel are as follows: a. One year assessment: 5532 Vernon Avenue, in the amount of $625.00 b. Three year assessments: 5845 Beard Avenue in the amount of $745.50,4600 Casco Avenue in the amount of $505.87, 5836 York Avenue in the amount of $691 .I9 c. Five year assessments: 5635 Casco Avenue in the amount of $1,496.33 and 5016 Hankerson Avenue in the amount of $1,011.75 d. Six year assessment: 5801 Abbott Avenue in the amount of $985.12. David Mights, 5801 Abbott Avenue South requested relief from the assessment because when he purchased his home 3-4 years ago, the boulevard trees were the City’s responsibility. This was one of the reason’s he purchased where he did. Now, the City has made the trees the property owners’ responsibility. Mr. Mights has two dead trees and is looking at a large assessment and feels it is unfair. Motion by Member Maetzold, seconded by Member Smith approving the assessment of Improvement No. TR-96 as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in .Minutes.) I 8. TREE TRIMMING IMPROVEMENT NO. TT-96 Location: Various locations in the area bounded by Highway 100 on the west, Golf Terrace and 54th Street on the north, the eastern city boundary line on the east, and the southern city boundary line on the south. A total of 510 trees were trimmed; 355 large trees at a cost of $22,532 and 155 small trees at a cost of $4,471.25 for a total cost to be assessed against the 399 parcels totaling $26,802.75 after adjustments. Chap Le, 591 3 Fairfax expressed frustration that the estimate received for the tree trimming was lower than the actual cost of the assessment. Jennifer Lee, 5929 Ashcroft Avenue stated an eighty-year old oak tree on her property was trimmed improperly and she was being charged $68.70 for the work. Motion by Member Maetzold, seconded by Member Smith approving the assessment of Improvement No. TT-96 as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) Following the presentation of analysis of assessments and approval, Member Smith introduced the following resolution and moved adoption: RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS AND PROJECTS WHEREAS, pursuant to proper notice duly given as required by law, the Edina City Council has met and heard and passed upon all written and oral objections to the proposed assessments for the improvements listed below: Page 3 MinuteslEdina City CouncillOctober 7.1996 Watermain Improvement, No. WM-317 Street Improvement wlcurb & gutter No. BA-302 Street Improvement wlcurb & gutter No. BA-303 Street Improvement wlcurb & gutter No. BA-308 Aquatic Weeds Improvement No. AQ-96 Maintenance Improvement No. M-96 Tree Removal Improvement No. TR-96 Tree Removal Improvement No. TR-96 Tree Removal Improvement No. TR-96 Tree Removal Improvement No. TR-96 Tree Trimming Improvement No. TT-96 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Each assessment as set forth in the assessment rolls on file in the office of the City Clerk for each aforementioned improvement is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found be benefited by the improvement in the amount of the assessment levied against it. 2. The assessments shall be payable in equal installments, the first of said installments, together with interest at a rate of 7.5 percent per annum, on the entire assessment from the date hereof to December 31,1996, to be payable with the general taxes for the year 1996. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. The number of such annual installments shall be as follows: NAME OF IMPROVEMENT NO. INSTALLMENTS Watermain Improvement, No. WM-317, Levy No. 13803 Street Improvement wlcurb & gutter No. BA-302 Levy No. 13805 Street Improvement wlcurb & gutter No. BA-303 Levy No. 13804 Street Improvement w/curb & gutter No. BA-308 Levy No. 13806 Aquatic Weeds Improvement No. AQ-96 Levy No. 13798 Maintenance Improvement No. M-96 Levy No. 13795 Tree Removal Improvement No. TR-96 Levy No. 13800 Tree Removal Improvement No. TR-96 Levy No. 13801 Tree Removal Improvement No. TR-96 Levy No. 13802 Tree Removal Improvement No. TR-96 Levy No. 13864 Tree Trimming Improvement No. TT-96 Levy No. 13799 I. I IO years IO years IO years IO years I year I year I year 3 years 5 years 6 years I year 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Motion for adoption of the resolution seconded by Member Maetzold. 4. Adopted this 7th day of October 1996. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. Page 4 MinutedEdina Citv Council/October 7.1996 PUBLIC HEARINGS HELD: PRELIMINARY REZONING APPROVED - R-I SINGLE DWELLING UNIT DISTRICT TO PRD-I, PLANNED RESIDENCE DISTRICT AND PRELIMINARY PLAT APPROVED OLDE VERNON (SOUTH OF VERNON AVENUE AND EAST OF OLINGER ROAD) - PHILIP STEPHEN COMPANY Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen stated the subject property is an undeveloped tract of land measuring 9.1 acres in area. The original development proposal submitted at the September 3, 1996, Council meeting requested rezoning the property from R-I, Single Dwelling District to PRD-1 Planned Residence District to allow a development of 34 townhouse dwellings. Currently, the proponent has reduced the request to 32 townhouse dwellings and revised the development. Planner Larsen reviewed changes to the proposed development. From reducing the total unit count to 32 the density is reduced to 3.5 units per acre. The three unit buildings were removed so all buildings now contain two units, and the CUI de sac in the south central portion of the site has been eliminated. The internal private street now loops to Olinger Road, and storm water retention has been increased on the site. Proponent Comment Philip Dommer, representing developer, thanked the Council for the opportunity to appear. Mr. Dommer stated they are seeking a positive vote to move the project forward. He continued the storm water handling on the site has been re-engineered, the firekafety access has been revised, the three unit buildings revised and total unit count reduced to 32. Mr. Dommer believes that density appears to be the largest issue in the proposal. However, the revised plan pulled away from the existing neighborhoods allowing for more landscaping to screen the existing neighborhoods if desired. Public Comment Mark Stoeger, 5616 Highwood Drive, expressed concern with the long road running from Vernon to Olinger and its proximity to Vernon Avenue. John Forney, 5821 Merold Drive, speaking on behalf of many neighbors. Mr. Forney referred to an October 2, 1996 letter signed by fifteen property owners regarding the proposed development, requesting a smaller number of units and improved separation of the development from the neighborhood. Mr. Forney took issue with the proponent's seeking a variance from the minimum acreage to develop, the density of the proposed townhouses and method of calculating the density, the setbacks, berms, and landscaping. Mr. Forney stated if the density were correct for the site, all other items would also be rectified. Lyndon Moquist, 5612 Heather Lane, asked that Council keep an open mind about what is the best use of the remaining land. Mr. Moquist stated his opinion there is a real need for single family detached homes in Edina if the price is kept less than $650,000. Steve McCormick, 5613 Heather Lane, expressed concern with the traffic control in the area and access onto Vernon Avenue. Mr. McCormick questioned the impact that storm water drainage into Hawkes Lake will have on the lake. He also believes the Council should not be concerned about any potential lawsuits regarding zoning issues Lynn Gallop, 5932 Groves Street, voiced concern with the rezoning. Mr. Gallop stated his belief that it is the Council's duty to protect homeowners from the actions of individual owners that may adversely affect existing neighborhoods. I Page 5 MinuteslEdina City CouncillOctober 7.1996 Caroline Forney, 5821 Merold Drive, stated that there does not appear to be a hardship in this situation warranting granting a variance to rezone the property. Dennis Wagner, 5705 Olinger Road, stated the proposal as revised, will have a drastic effect on his property since the road will now run the entire length of his property. Mr. Wagner felt the development will affect traffic both on Vernon and Olinger. Phil Dommer stated the developer wants to work with the neighbors and have several options they can look at to find a solution meeting everyone’s expectations. Council Discussion/Action Council briefly discussed the revised proposal. Total number of units for the site ranged between 24 and 30. Concern was expressed that citizens know the Council looks after the best interests of the entire City, and therefore applies the zoning laws uniformly. In addition, the length of the road running along the Wagner property was noted as was the proposed increase in traffic. Member Smith moved granting first reading to the rezoning of Olde Vernon and approving the Preliminary Plat for 26 units of Olde Vernon. Member Paulus seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. PUBLIC HEARING HELD: VARIANCE UPHELD FOR 5120 JUANITA AVENUE. LOT 6. BLOCK 4. GLENVIEW ADDITION TO EDINA Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Assistant Planner Assistant Planner Aaker explained that September 5, 1996, the Zoning Board of Appeals heard and unanimously approved a 5.33 foot frontyard setback variance for a front entry overhang with posts for a new home to be located at 5120 Juanita Avenue. The Zoning Board conditioned the approval on the plans submitted and that the front entry addition remain unenclosed. On September 16, 1996, Thomas R. Tarbox, 51 28 Juanita Avenue appealed the Zoning Board’s decision in a letter to the City Clerk. Assistant Planner Aaker stated the subject property currently is developed with a I % story home. The homeowners are proposing removing the home and replacing with a 2-story home with attached garage. The property is 75 feet wide by 105 feet deep which is shallow given the current 120 foot standard. The homeowners located the proposed home to maximize the rearyard area and align the front wall of the new home with existing neighboring properties. Public Comment Larry Swandbe, representing his mother who resides at 5124 Juanita Avenue, stated his opinion the Council would set a dangerous precedent approving a front yard setback variance. Mr. Swandbe believes the house could be redesigned and that no hardship exists in this case. Mancel Mitchell, 51 37 Juanita Avenue, called attention to his October 3, 1996-letter supporting the variance. Mr. Mitchell stated the Halva’s are wonderful neighbors and urged the Council to uphold the Zoning Board’s granting of the variance. Brian Olsen, 51 17 Arden Avenue, reported his full support of the new home planned by Kurt and Lizabeth Halva. Mr. Olsen’s property adjoins the Halva’s backyard. Page 6 MinuteslEdina Citv CouncillOctober 7.1996 Tom Swan, 51 04 Juanita Avenue, echoed the support as stated by Mr. Mitchell and Mr. Olsen. Curt Halva, 5120 Juanita Avenue, explained the motivation for the variance request is two fold. Mr. Halva stated they wish to keep the front wall of their new home in line with the walls of existing homes and they wish to maximize the use of their rear yard. Dean Dovolis, architect for Curt and Lizabeth Halva, added the new home had been designed with the intent of preserving the sun light in the neighboring home. Member Maetzold introduced the following resolution and moved its adoption: RESOLUTION WHEREAS, the Zoning Board of Appeals heard and unanimously approved a 5.33 foot frontyard setback variance for a front entry overhang with posts for a new home to be located at 5120 Juanita Avenue on September 3,1996; and WHEREAS, said variance decision was appealed by Thomas R. Tarbox to the Edina City Council. BE IT RESOLVED by the Edina City Council that the Zoning Board of Appeal’s decision to grant a 5.33 foot frontyard setback variance for to the property located at 5120 Juanita Avenue allowing the construction of a new home with a front entry overhang is hereby upheld. The approval is to be conditioned upon the plans submitted and that the front entry addition remain unenclosed. Member Smith seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. *RESOLUTION APPROVING LOT DIVISION FOR TRACT P AND THE EAST % OF TRACT 0. RLS NO. 1050 (PENTAGON PARK LIMITED PARTNERSHIP AND SEAGATE TECHNOLOGY) Motion made by Member Kelly and seconded by Member Smith for adoption of the following resolution: RESOLUTION WHEREAS, the following described property is at present a single tract of land; Tract P, the East one-half of Tract 0, Registered Land Survey No. 1050, Files of Registrar of Titles, County of Hennepin, State of Minnesota; WHEREAS, the owner has requested the subdivision of said tract into separate tracts, described as follows: TRACT A: The east half of Tract 0, except the north 178.00 feet of said Tract 0; and that part of Tract P lying westerly of line drawn 120.00 feet easterly of and parallel with the west line of the east half of said Tract 0, except the north 178.00 feet of said Tract P, all in REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota. TRACT B: The north 178.00 feet of the east half of Tract 0; and Tract P, except Page 7 MinuteslEdina Citv CouncillOctober 7.1996 , that part of said Tract P which lies westerly of a line drawn 120.00 feet easterly of and parallel with the west line of the east half of said Tract 0 and southerly of the north 178.00 feet of said Tract P, all in REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Section 810 and Code Section 850 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote - five ayes. PUBLIC HEARING HELD: UTILITY AND DRAINAGE EASEMENT VACATION GRANTED (THE COVENTRY AT CENTENNIAL LAKES FIFTH ADDITION1 Affidavits of Notice were presented, approved and ordered placed on file. Member Maetzold noted he would abstain from the discussion and final vote on the drainage and utility easement. Presentation bv Enuineer Engineer Hoffman informed the Council the request is for the vacation of easements placed by earlier plats on The Coventry. A small triangle of land exists at the pad of Lot 9, Block I, The Coventry at Centennial Lakes 5th Addition that needs to be clear of unnecessary drainage and utility easements. The request has been reviewed by staff and appropriate utility companies and no opposition has been heard. Staff recommends vacation of utility and drainage easements as requested. Mayor Richards called for public comment on the vacation request. No comment or objection was heard. Member Kelly introduced and moved adoption of the following resolution: RESOLUTION VACATING EASEMENT FOR UTILITY AND DRAINAGE PURPOSES WHEREAS, a resolution by the City Council, adopted the 16th day of September, 1995, fixed a date for a public hearing on a proposed vacation of an easement for utility and drainage purposes; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on the 7th day of October, 1996, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or I Page 8 MinutedEdina City CouncillOctober 7.1996 under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described utility and drainage easement be and is hereby vacated effective as of October 7,1996: I THE COVENTRY AT CENTENNIAL LAKES AS SHOWN ON THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: Commencing at the most easterly corner in the most northerly line of OUTLOT A, said THE COVENTRY AT CENTENNIAL LAKES 2ND ADDITION; thence on an assumed bearing of South 80 degrees, I1 minutes, 28 seconds West along the boundary between said OUTLOT A and said OUTLOT B for 8.20 feet to the actual point of beginning; thence continue South 80 degrees, 11 minutes 28 seconds west along said boundary for 74.99 feet; thence northerly for 4.81 feet along a nontangential curve concave to the west, radius 952.05 feet and central angle 00 degrees 17 minutes 21 seconds, the chord of said curve bears North 09 degrees 30 minutes 36 seconds West; thence North 83 degrees 04 minutes 56 seconds East for 54.41 feet; thence North 79 degrees 41 minutes 12 seconds East for 20.65 feet; thence southerly for 2.24 feet along a non-tangential curve concave to the west, radius 1027.04 feet and central angle 00 degrees 07 minutes 31 seconds, the chord of said curve bears South 09 degrees 27 minutes 37 seconds East, to the point of beginning. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.85. Member Smith seconded the motion. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Abstaining: Maetzold Resolution adopted. Member Maetzold asked the purchase of a 145 horsepower self-powered snow blower be removed from the Council Consent Agenda for further clarification. Engineer Hoffman explained the bid was for replacement of a single stage, 1980 model root snow blower. The sole bid is for a two-stage unit which is only slightly higher priced than a replacement single stage unit. Other bids were sought but only one bid was received. Staff recommends the purchase. Member Maetzold made a motion for award of bid for one 145 horsepower self-powered snow blower to sole bidder, MacQueen Equipment at $62,169.38. Member Smith seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *BID REJECTED FOR IMPROVEMENT BA-313 (70TH & METRO1 Motion made by Member Kelly and seconded by Member Smith rejecting the bid for improvement BA-313 at 70th and Metro and to authorize re-bid. Motion carried on rollcall vote - five ayes. I Page 9 MinuteslEdina Citv CouncillOctober 7.1996 *BID AWARDED FOR ENGINEERING DEPARTMENT COMPUTER HARDWARE Motion made by Member Kelly and seconded by Member Smith for award of bid for engineering department computer hardware under State Contract (No. 400120) to AmeriData at $1 1,647.91. I Motion carried on rollcall vote - five ayes. *BID AWARDED FOR WINTER 1996-1997 SALT PURCHASE Motion made by Member Kelly and seconded by Member Smith for award of bid for winter 1996-1997 salt purchase to Cargill Salt, Inc., under State Contract (No. 5803-413231) at $27.96 per ton. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR SEWER PIPE INTERNAL RE-LINING Motion made by Member Kelly and seconded by Member Smith for award of bid for sewer pipe internal re-lining to recommended low bidder, Visu-Sewer Clean 8, Seal, Inc., at $14,767.50. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR BRAEMAR ARENA ADDITION GRADING Motion made by Member Kelly and seconded by Member Smith for award of bid for Braemar Arena addition grading to recommended low bidder, Arnt Construction Co., Inc. at $37,328.00. Motion carried on rollcall vote - five ayes. *RESOLUTION APPOINTING JUDGES FOR 1996 GENERAL ELECTION Motion made by Member Kelly and seconded by Member Smith adopting the following resolution: RESOLUTION APPOINTING 1996 GENERAL ELECTION JUDGES BE IT RESOLVED by the Edina City Council that the individuals named on the list as presented and on file in the office of the City Clerk be appointed as election judges for the 1996 General Election to be conducted on November 5,1996; and BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Motion carried on rollcall vote - five ayes. *RESOLUTION AUTHORIZING PARTIAL RELEASE OF EASEMENT RELATING TO STORMWATER PONDING ON LOT 3, BLOCK I. EDINA OFFICE CENTER Motion made by Member Kelly and seconded by Member Smith adopting the following resolution: PARTIAL RELEASE OF EASEMENT THE CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (the “City”), in consideration of One Dollar and other good and valuable consideration, does hereby release the following described land in the County of Hennepin, State of Minnesota, to-wit: That part of the West 25 feet of Lot 3, Block I, Edina Office Center, lying northerly of a line drawn 110 feet northerly of (and measured at right angles to) the Southerly line of said Lot 3, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for said County (the “Released Property”) from that certain easement granted to the City for the construction, operation, maintenance and alteration of the Ponding Easement Area created by and defined in Section I of that certain Grant of Easement (the “Easement Agreement”) dated March 19, 1979 between the Northwestern Mutual Life Insurance Company, a Wisconsin corporation, and the City, which Easement Agreement was filed with the Hennepin County Registrar of Titles on March 19,1979, as Document No. 1321642 and the memorialized on Certificate of Title No. 623639. The conditions necessary for this release, as specified in the Easement Agreement, have been satisfied and all rights and privileges created by the Easement Page 10 MinuteslEdina Citv CouncillOctober 7.1996 Agreement pertaining in any way to the Released Property are hereby terminated. IN WITNESS WHEREOF, the City has caused this Partial Release of Easement to be executed as of this 7th day of October, 1996. Motion carried on rollcall vote - five ayes. *HEARING DATE OF NOVEMBER 4.1996. SET FOR 1997 TREE TRIMMING IMPROVEMENT TTT- 97) Motion of Member Kelly and seconded by Member Smith setting November 4, 1996, for hearing date for tree trimming project (TT-97). Motion carried on rollcall vote - five ayes. *PETITION FOR CURB AND GUTTER - 4600 TOWNES ROAD REFERRED TO ENGINEERING FOR PROCESSING Motion of Member Kelly and seconded by Member Smith referring the petition for curb and gutter at 4600 Townes Road to Engineering Department for processing as to feasibility. Motion carried on rollcall vote - five ayes. *PETITION FOR STREET LIGHTING BETWEEN 5808 WEST 78TH STREET AND 7732 SHAUGHNESSY ROAD REFERRED TO ENGINEERING FOR PROCESSING Motion of Member Kelly and seconded by Member Smith referring the petition for street lighting between 5808 West 78th Street and 7732 Shaughnessy Road to the engineering department for processing as to feasibility. Motion carried on rollcall vote - five ayes. *PETITION FOR INSTALLATION OF RIPRAP TO PROTECT CREEK BANK AT BROOKSIDE CONDOMINIUMS Motion of Member Kelly and seconded by Member Smith referring the petition for installation of riprap to protect the creek bank at the Brookside Condominiums to the engineering department for processing as to feasibility. Motion carried on rollcall vote - five ayes. CLAIMS PAID Member Smith made a motion to approve payment of the following claims as shown in detail on the Check Register dated October 3, 1996, and consisting of 44 pages: General Fund $6583 64.1 0; Community Development Block Grant $5,065.00; Communications $1 0,367.73; Working Capital $97,573.96; Art Center $14,836.28; Swimming Pool Fund $1,335.42; Golf Course Fund $44,373.91; Ice Arena Fund $14,595.63; Gun Range Fund $1,250.32; Edinboroughlcentennial Lakes $33,426.12; Utility Fund $360,315.75; Storm Sewer Utility Fund $6,425.65; Recycling Program $40,048.93; Liquor Dispensary Fund $197,188.98; Construction Fund $225,316.79; Park Bond Fund $58,728.34; TOTAL $1,769,012.91. Member Paulus seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:32 P.M. 1 City Clerk Page 11