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HomeMy WebLinkAbout09.15.75 Council Minutes 165 MINUTES COUNCIL MEETING REGULAR SEPTEMBER 15 , 1975 1. The meeting was called to order at 7:30 P.M. by the Mayor. Present: Mayor Daily, Councilmen Akin, Johnson, Kuchera, McElmury Also Present: Administrator Ford, Attorney Gorgos, Engineer Blaisdell 2. The Mayor opened the public hearing as previously published at 7:30 P.M. on project 75-4, Storm Drainage correction, Townsedge Shopping Center. Several persons appeared in the audience and took part in a discussion with the council concerning this matter including representatives from Townsedge Shopping Center. After considerable give and take the Mayor stated, that in his opinion there were four options available: 1. Consider the problem a private one and the City take no action 2. Either the city or Townsedge fill the pond and await developments from others 3. Fill the pond but leave a very narrow flume to handle the discharge water from the cross culvert 4. Proceed with the pumping plan as a public improvement and as shown in the feasibility study presented by the Engineer. There was considerable misgiving on the part of certain council members that the project as proposed would, in fact, work. A major obstacle to proceeding was the consensus on the part of the council, that if Townsedge shopping center were to continue to pump their basements into the ponding area, the city in fact, would be financing and arranging for the pumping of private water from private basements. On the part of the Townsedge representatives, it was stated that they would "expect to be assessed in accordance with benefits derived". There seemed to be some question as to the relationship between the water level in the basements and the water table and whether or not the former was, in fact, the latter. Townsedge indicated they had no data on the subject. Motion by Johnson, second by Akin to adopt Resolution #R81-75 that the public hearing Ne continued to 7:30 P.M. , October 6, 1975, and that uring t e interim, Townsedge Shopping Center affirm to the council, in writing that if the project were undertaken that there would be no pumping of private basements into the pnd. APIF, motion carried. :3. Motion by Akin, second by Kuchera to approve the minutes of August 18, August 25, and September 2, 1975 as presented and to defer the minutes of August 28, 1975. APIF, motion carried. 4. The council discussed briefly the proposed official street map and asked the Administrator to again refer back to the Planning Commission and to seek more specific recommendations from the Planning Commission. Councilman Akin asked to be advised as to when the matter would be taken up by the Planning Commission. 5. The Administrator informed the council that all the requirements for inclusion in the National Flood Plain Insurance Program had been met by the City and that the proposed Flood Control Ordinance was now in the office of the State Department of Natural Resources awaiting their approval and would soon be returned to the city for consideration by the City. 6. Motion by Kuchera, second by Daily to adopt Resolution #R82-75 approving the plans anc -specifications on contract #1975-4 which includes project 74-4, Sewer lateral, 190th Street and instructing the Engineer to take the necessary actions for the taking of bids at 2:00 P.M. , September 29, 1975. APIF, motion carried. 7. Motion by Kuchera, second by Daily to adopt resolution #R83-75 approving the plans and specifications for contract #1975-5, which includes project #74-7, Street Improvement, Phase II, Hill Dee and instructing the Engineer to take the necessary actions for the taking of bids at 2:00 P.M. , September 29, 1975. APIF, motion carried. 8. Motion by Kuchera, second by Daily to adopt Resolution #R831k75 which establishes the improvement fund numbered 6-83A-75 for the Improvement Bonds of 1975 in the amount of $115,000 to include the above two contracts and authorizes and directs Springsted, Inc. , City Bond Consultants to prepare a preliminary prospectus for review by the council at their meeting of September 22, 1975. APIF, motion carried. 9. The staff were instructed that legal descriptions for all necessary easements and lists of permits required be compiled by the Engineer, that the City Attorney prepare the necessary documents including the descriptions and that the Administrator secure the necessary easements. 166 10. Motion by Akin, second by Kuchera to adopt Ordinance #075-20 which repeals Title 5, CNapter 1, Fire Limits contained in the City Code. APIF, motion carried. 11. Motion by Akin, second by Kuchera, authorizing the Administrator to inform the FAAt a a Fire Protection agreement with them would now not be necessary since the building covered by same "VOR" is now included in the Township Fire protection agreement. APIF, motion carried. 12. The council authorized the Administrator to prepare with the assistance of staff, a model plumbing code for review by the council and to advise the council as to the ramifications and various effects of adoption of same. 13. Motion by McElmury, second by Johnson that the request for payment by Behlen B ilding Systems, Arena Contractor in the amount of $199,260 for estimate #2 based on the recommendation of the Project Engineer, be approved for payment. APIF, motion carried. 14. The council instructed the Administrator to advise the project Engineer that he inform the arena contractor in very specific and determined terms that no delay beyond the estimated construction date can be tolerated. 15. The council again took up the proposed possible change order for permanent seating on one side of the Arena as per memo to the council from Leon Orr, dated September 15, 1975, and as per letter from Norris Breivik, dated September 12, 1975. There was considerable discussion among the members of the council concerning the advisability of providing for this change order. The crux of the situation was that it would now cost $14,400 of which the contractor would defer payment in the amount of $10,000 until July 1, 1976. The decision in this matter had to be made at this point in construction and would provide for poured concrete teirs to which permanent seating could later be attached. After a lengthy discussion the Mayor stated he would entertain a motion to prepare the change order. Motion by Akin, second by McElmury that the change order not be authorized. Voting for: Akin, McElmury, Johnson. Voting against: Daily, Kuchera. Motion carried. The Adminisistrator was instructed to inform Mr. Orr and Mr. Breivik of the decision not to proceed with the Change order. 16. Motion by Akin, second by Kuchera, to approve the request for budget adjust- ments as per memo to the council dated Sept 9, 1975, dealing with dumpsters for General Services. APIF, motion carried. 17. The council deferred action on the suggestion that the Police Department be permitted to rent space at the rate of $40.00 per month and that this expenditure be off-set, to some extent, through the proceeds of the sale of unclaimed bicycles. 18. The Engineer informed the council that he had received several individual bills totaling $2,060.81 from Layne-Minnesota Company, contractor on the Municipal Well. The Engineer informed the council that the forwarding of these bills to the City was inappropriate and "fallacious" and that all of the work covered by the enclosed bills was work included in Layne Contract and for which he has been paid. The council instructed the Administrator to advise Layne Minnesota Inc. , that the responsibility for the payment of these bills was his. 19. Motion by McElmury, second by Daily that the council authorize the Mayor and the City A-Cministrator to sign the certification of approval of official statement as to form and content for the G.O. Tax Increment Bonds of 1975 to be sold in the amount of $375,000. APIF, motion carried. 20. The council set a special meeting for 5:00 P.M. , Wednesday, September 17, 1975, in council chambers to review the 1st preliminary presentation of the 1976 budget consisting of proposed salaries. 21. Motion by McElmury, second by Akin to adopt resolution #R84-75, authorizing special legal counsel to enter into an out-of-court settlement in the matter of Lamppa Vs Farmington. APIF, motion carried. 22. The council requested that the Administrator look into the performance of Air Comm, Inc. , who presently does work for the City in the maintenance and repair of two-way radio telephones. 16:7 23. The council instructed the City Attorney to study the legal position of the council in regard to the recent sale of an International Scout on a bid basis and to advise the council as to appropriate action. 24. The Administrator informed the council that the HCD Grant Application would be ready for pick up at the Metropolitan Council along with the A-95 Review for hand delivery to the HUD offices on September 26, 1975, and that arrangements had been made to do so. 25. The City Attorney advised the Council that the trial regarding the violation of the street pumping ordinance by Townsedge Shopping Center had not yet been reset on the calendar. 26. Motion by Akin, second by Johnson to approve the payment of bills as presented. Voting�or. Akin, Johnson, Kuchera, Daily. Absent: McElmury. Motion carried. Motion made and carried to adjourn at 10:55 P.M. Respectfully submitted, William J. Ford APPROVED o ' " City Administrator WJF/kf