1991 Receipts, Disb., Resolutions & Minutes

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City Council Meeting Minutes December 11, 1991 P,9.ge Five Council member Burgstahler noted that what happens with the ditch to the east of Centerville Road (either Mr. Almendinger digs a ditch on the south side of his property or the easement area is utilized) and also what to do in the meantime needs to be dec icled · Dan Tourville noted, that in his oplnlon, a small drainage ditch in the easement area and the dirt pushed into the low spots was all that was needed. Mayor Buckbee noted that he would like to see Almendinger dig a ditch this winter if the City is willing to clean the ditch west of Centerville Road. Council member Dario noted that the City could look into the feasibility of constructing a temporary ditch. Joe Eckert, 1841 Center Street, was present. Mr. Eckert noted that something does need to be done with the present drainage situation in the Center Oaks I development. Council member Wilharber noted that the City does not have the funds to do the ditch to the west of Centerville Road. Council member Burgstahler noted that the City has to accept that the ditch will be cleaned and will have to come up with the money from s(lmew}lere. Motion by Pelton, second by Burgstahler to direct City Staff to consult the City Engineer for his opinion on the following: if the ditch was constructed in the easement area or on the south side of Russell Almendinger's property would this cause any greater potential for water drainage to other property owners; and to give the Mayor and Clerk/Administrator authority to discuss with Mr. Almendinger, if there is no greater potential for more water if the ditch was dug on the south side of Mr. Almendinger's property, to proceed if the City accepts liability, motion carried unanimously. The City Council also requests City Staff to investigate the following: if discussions with Russell Almendinger to dig a ditch on the south side of his property fail, to contact the City Engineer and City Attorney for a'plan to clean out the easement area including liability, loss of trees and approximate cost for discussion at the December 23, 1991 meeting. I I I City Council Meeting Minutes December 11, 1991 Page Tllree Council member Pelton expressed agreement with Council member Burgstahler's comments. She expressed concern about the request to have the sale be a cash transaction at closing. Council member Burgstahler noted that a cash transaction at closing would not be a "big deal". The City has Tax Increment Financing funds to cover the transaction. Council member Pelton noted that it may be of benefit for the City to talk directly with the property owner. Council member Burgstahler stated that he would prefer that the Mayor speak with Mr. Almendinger, but that he would volunteer to talk with Mr. Almendinger if the Mayor is unable to do so. Mr. Burgstahler noted the importance of pointing out the benefits to the property from the results of the Flood Plain Reduction survey, noting that Mr. Almendinger would have significant cost to develop the remaining land without the proposed Flood Plain Reduction Project. The survey suggested that approximately five feet of fill would be required without the Flood Plain Project. It was noted that 3 feet of fill for the proposed Municipal Building will be required, and the proposed building will be located on the high point of the land. Mayor Buckbee noted that this is a "take of leave it" offer. The City can not keep re-negotiating. It has to be the original offer with a closing date on or about a certain date and before the end of the year. Motion by Burgstahler, second by Pelton to authorize the Mayor and Clerk/Administrator to enter into discussions with Russell Almendinger for purchase of the Almendinger property under terms authorized before with discussion in regards to payment terms and closing costs; if the purchase of the Almendinger property is not closed or a firm agreement reached by December 23, 1991 negations will be terminated, motion carried unanimously. Motion by Burgstahler, second and Clerk/Administrator to Architect and Contractor unanimously. by Pelton to authorize the Mayor enter into agreements with the if appropriate, motion carried Council member Pelton had questions on the agreements and will forward those questions to the Mayor and Clerk/Administrator.