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<br />Minutes of the Arden Hills Regular Council Meeting, 4-10-89 <br />. Page 5 <br /> <br />. <br /> <br />STORM SEW. (Cont'd) Growe moved, seconded by Malone, that Council authorize <br />and direct the Engineer to prepare a feasibility report <br />for the Oak Avenue storm sewer improvements for the Regular Council Meeting held <br />May 8, prepare legal notice setting the date of Public Hearing for May 8, 1989, <br />at 7:30 p.m., and advertise for bids for the project with the bid opening be held <br />prior to the public hearing. <br /> <br />Councilmember Mahowald questioned if the Council favored the assessment process; <br />he was inclined to use General Funds to complete the project. <br /> <br />Attorney Filla advised that since a petition was not received from property <br />owners for the project, the Council could not award a contract that would be <br />subject to special assessments without four Council votes. <br /> <br />Mayor Sather, Councilmembers Malone and Growe, spoke in favor of assessing the <br />project; Hansen stated she would favor assessing the project if the residents had <br />not previously been assessed for storm sewer. <br /> <br />Motion carried. (Growe, Malone, Mahowald and Sather voted in favor; Hansen <br />opposed) (4-1) <br /> <br />Hansen moved, seconded by Malone, that Council direct the <br />Engineer and Attorney to obtain and prepare the utility and drainage easements <br />necessary to complete the Oak Avenue Storm Sewer project. Motion carried <br />unanimously. (5-0) <br /> <br />. <br /> <br />ODOR PROBLEM; <br />SNELLING AVE. <br /> <br />Council was referred to the report from Engineer Peters <br />dated 4-7-89, relative to the sewer odor problem on <br />Snelling Avenue. <br /> <br />Lund explained the odor has diminished over the winter months and Peters <br />recommends the monitoring proposed be delayed until the smell returns; the <br />residents were advised of the proposed delay and agreed. Lund advised the testing <br />lab could have a representative on site within two hours when the odor returns. <br /> <br />Council accepted the report and concurred with the recommendation. <br /> <br />REPORT OF ACTING CITY ATTORNEY <br /> <br />PURCH. AGREEMENT; <br />KEM MILLING PROP. <br /> <br />Council was referred to a memorandum from the Clerk <br />Administrator and a letter from Attorney Filla, both <br />dated 4-7-89, relative to the Kem Milling Purchase <br />and amendments to the document as discussed at the 3/27/89 Council <br /> <br />Agreement <br />meeting. <br /> <br />Filla reviewed the changes made to the proposed Agreement, which has been signed <br />by Kern Milling: <br /> <br />. <br /> <br />Sections 1 & 4 - Amendments relate to conveyance of personal property <br />remaining on the site between the date of closing and possession; the seller <br />would have approximately 3 three weeks to remove materials from the site and <br />would continue to insure the property for public liability during that time. <br /> <br />Section 6(e) - Amendment requires a "Bill of Sale" for the personal property <br />and is necessary so that the City has title to the personal property which <br />remains on the premises after the date of closing. The personal property that <br />would remain, specifically above and below ground tanks and cookers, may have <br />salvage value and would be taken into consideration by persons bidding on the <br />demolition project. <br /> <br />Section 9 - Amendment is to insure that all property owned by Darling & <br />Company is conveyed to the City; the boundary survey will provide a legal to be <br />used on the deed of conveyance. <br /> <br />Section 11 - Amendment indicates the seller shall remove all personal <br />property, except those items contained on a list provided to the City be May I, <br />1989. This section also requires the seller to remove any liquids in the storage <br />tanks, above and below ground. <br /> <br />. <br /> <br />Section 24 - Amendment changes the date the proposal will remain valid until <br />April 11, 1989. <br />