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HomeMy WebLinkAbout09301981EMERGENCY MEETING/KEPPLER/RIVER'S EDGE SUBDIVISION/SEPTEMBER 30, 1981 COUNCILMAN VOTAPKA QUESTIONED MR. KEPPLER AS TO WHY MOST OF THE CONCRETE BASINS ARE BROKEN OUT AND WHAT HE WAS WAITING FOR. MR. KEPPLER REMARKED THAT THE COUNCIL KEEPS COMING UP WITH NEW SWALE DESIGNS. COUNCILMAN VOTAPKA ASKED MR. KEPPLER WHY IT WAS NEVER COMPLETED IN THE FIRST PLACE. MR. KEPPLER STATED THAT HE HAS BEEN WAITING FOR IT TO BE FINALIZED AND THAT IT WAS ONLY A SMALL MATTER OF PUTTING IN FOUR GRATES. COUNCILMAN OBERBECK INFORMED MR. KEPPLER THAT IT WOULD NOT BE FINALIZED UNTIL ALL THE WORK IS COMPLETED. COUNCILMAN OBERBECK SUGGESTED THAT THE COUNCIL ALLOCATE A PERIOD OF TIME FOR MR. KEPPLER AND HIS ENGINEER MR. SMUCKER TO PREPARE SOME SORT OF SOLUTION FOR THE DRAINAGE PROBLEM AND HAVE HIM FURNISH THE CITY WITH A BOND TO COVER THE COST OF THE WORK. COUNCILMAN VOTAPKA STATED THAT SOMEWHERE ALONG THE LINE THE CITY ENGINEER WOULD HAVE TO BE INVOLVED IF HE IS GOING TO FURNISH THE CITY WITH HIS ACCEPTANCE OF COMPLETION. COUNCILMAN OBERBECK STATED THAT MR. KEPPLER WAS OFFERED SOLUTIONS AND IT IS HIS DECISION AS TO WHAT SOLUTION HE WILL TAKE, BASED ON APPROVAL BY THE CITY ENGINEER. MAYOR FLOOD SUGGESTED THAT THE COUNCIL HAVE MR. KEPPLER DO AS THEY REQUIRE GENERAL DEVELOPMENT CORPORATION TO DO, THAT BEING LLOYD AND ASSOCIATES DO THE INSPECTIONS AND BILL THE CITY AND THE CITY SEND THE BILL TO MR. KEPPLER AND MR. KEPPLER IS RESPONSIBLE FOR ALL PAYMENTS OF INSPECt. -- ~----~ ~ MAYOR FLOOD INFORMED MR. KEPPLER WRAr T~ BURDEN OF THIS BILL WOULD BE HIS WHEN IT CAME TIME FOR THE CITY ENGINEER TO GET~ ~N~OLfED IN iNSPECTIONS. A LONG MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN PHELAN AND VICE MAYOR GASS, TO ALLOW MR. KEPPLER 120 DAYS TO GO AHEAD AND RESOLVE THESE PROBLEMS AND REQUIRE HIM TO POST A BOND FOR THIS DRAINAGE PROBLEM ALSO IN THE AMOUNT OF $50,000. O0 TO ASSURE US THAT THE PERFORMANCE WILL TAKE PLACE. MAYOR FLOOD ASKED IF MR. KEPPLER HAD ANYTHING TO SAY BEFORE THE COUNCIL TOOK A VOTE ON THE MOTION ON THE FLOOR. MR. KEPPLER STATED " I AM NOT GOING TO BRING A DARN THING!" MR. KEPPLER ADDED THAT THIS WAS JUST TERRIBLE. MAYOR FLOOD THEN ASKED THE CITY CLERK FOR A ROLL CALL VOTE. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, THAT THE PERFORMANCE BOND BE POSTED NO LATER THAN 3:30 P.M., ON FRIDAY, OCTOBER 2, 1981. ROLL CALL VOTE: A YES: VICE MAYOR GASS, COUNCILMAN OBERBECK COUNCILMAN VOTAPKA, COUNCILWOMAN PHELAN AND MAYOR FLOOD CARRIED. MAYOR FLOOD ADJOURNED THE MEETING AT 9:40 P.M. CITY CLERK MAYOR MINUTES APPROVED DURING REGULAR COUNCIL MEETING OF JANUARY 11, 1982. EMERGENCY MEETING/KEPPLER/RIVER'S EDGE SUBDIVISION/SEPTEMBER 30, 1981 MR. SMUCKER STATED THAT IT COULD TAKE 90 DAYS UNTIL THE OPERATION IS COMPLETED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN PHELAN, THAT MR. KEPPLER BRING TO THE CITY A BOND IN THE AMOUNT OF $35,000.00 NO LATER THEN 3:30 P.M., FRIDAY, OCTOBER 2, 1981, THAT BEING TWO DAYS FROM TODAY. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MAYOR FLOOD REPORTED THAT HE HAD JUST TALKED TO ATTORNEY KILBRIDE AND HE SAID THAT THERE WAS NO PROBLEM WITH DECLARING THE WORKSHOP, AS ADVERTISED, TO AN EMERGENCY MEETING. COUNCILMAN VOTAPKA STATED THAT THE TERM OF THE BOND HAD NOT BEEN ESTABLISHED. VICE MAYOR GASS RECOMMENDED 90 DAYS AND THAT THE 90 DAYS TIE IN WITH THE PROGESS AND IF THE COUNCIL DEEMS NECESSARY THE CITY CAN EXTEND THE TERM OF THE BOND. MOTION BY COUNCILMAN VOTPAK~EC~¥D~ ~L~7 MAYOR GASS, THAT THE TERM OF THE PER- FORMANCE BOND BEING POSTED fS~ ~0 DAi%f_ WI_~H\ ~E/ UNDERSTANDING THAT DUE TO THE CIRCUMSTANCE BEYOND THE ENGINEER'S CONTROL~R U.VMITIGAT~i~3/CIRCUMSTANCES THE COUNCIL AT ITS DIS- ROLL CALL VOTE: AYES: COUNCILWOMA~V P MAYOR FLOOD V NAYS: NONE ~ ~ CARRIED, MAYOR FLOOD~,S~ ATE~AT._~IR. KEP~P~LER H~D B~_~N__IN~MED ~ AS~--~-~DNESDAY NIGHT, SEPTEMBER MAYOR FLOOD ~ LI~H~HE~I~OF~EBAS~AN ~B~VI~ION SUBDIVISION WAS ADOPTED IN 1959 AND THAT THE CITY MAY HAVE ACCEPTED THE PLAT BUT THAT OUR ORDINANCE REQUIRES AS BUILT DRAWINGS AND A TOPOGRAPHIC DRAWING. MAYOR FLOOD STATED THAT OVER A YEAR AGO THE CITY EMPLOYEED MR. LLOYD, LLOYD AND ASSOCI~ ATES, CITY ENGINEER'S, TO PREPARE A STUDY ON THE DRAINAGE AT RIVER'S EDGE AS REQUESTED BY THE PROPERTY OWNERS OF RIVER'S EDGE. COUNCILMAN VOTAPKA ASKED MR. SMUCKER IF HE COULD REMEMBER IT THERE WAS EVER A TYPICAL LOT GRADING SECTION IN THE SUBDIVISION PLANS. MR. SMUCKER STATED THAT IN THE SUBDIVISION PLANS WE HAD A FINAL GRADE, LOT GRADE, STREET GRADES AND SO ON. COUNCILMAN VOTPAKA QUESTIONED MR. SMUCKER AS TO THE PROCEDURE OF A TYPICAL LOT GRADING SECTION, THE TREATMENT FOR THE SIDE AND BACK OF THE LOT FOR DRAINAGE. MR. SMUCKER STATED THAT WITH CURB AND GUTTER YOU WOULD SLOPE FROM THE MIDDLE OF THE HOUSE TO THE FRONT AND FROM THE MIDDEL OF THE HOUSE TO THE BACK, THIS IS A LITTLE UN- USUAL IN THAT IT IS ON THE SIDE OF A HILL AND YOU MAY HAVE TO GRADE IT A LITTLE DIFFERENTLY THERE. MR. SMUCKER STATED THAT HE HAD PREPARED THE GRADE FOR CURB AND GUTTER SECTION. COUNCILMAN VOTAPKA STATED THAT THERE IS SWALE DRAINAGE, INTENDED FOR CURB. MR. LLOYD QUESTIONED THE LOCATION OF THE SWALES. EMERGENCY MEETING/KEPPLER/RIVER'S EDGE SUBDIVISiON/SEPTEMBER 30, 1981 COUNCILMAN VOTAPKA~ "I WENT OUT THERE SUNDAY TO TAKE A LOOK AT IT, IN PREPARING FOR THE MEETING, AND WHAT I FIND ON THE WEST SIDE AND THE MIDDLE OF SUNSET DRIVE, SUNSET DRIVE INCOMPASSING A BLOCK, HERE WITH LOTS 21 THROUGH 27 AND LOTS 28 THROUGH 34. THE BASIC PROBLEM SEEMS TO BE IN HERE AND ALSO ON THE WEST SIDE. THE LOTS ON THE WEST SIDE WHICH GO FROM 4 TO 11. THE WAY THEY ARE FINISHED IS THAT THE REAT LOT LINE IS UP A HILL ELECATION BEING APPROXIMATELY ABOUT 4' OR SO FROM THE FINISHED LOT FRADE SO THAT THE RUN OFF WATER ADJACENT FROM THAT PROPERTY WHICH IS PROVATE PROPERTY TO THE WEST OF THAT WILL COME DOWN AND THERE IS NO-SWALE THERE TO INTERCEPT THAT WATER AND PREVENT IT FROM GOING INTO THESE HOMES IN HERE, SO THE LOT DRAIN, TO ME WAS NEVER FINISHED PROPERLY, JUST BY LOOKING AT IT YOU CAN SEE THAT THERE IS NOTHING THERE TO TAKE THE RUN OFF FROM THAT PROPERTY AND RUN IT FROM THE LOT TO THE BACK TO ELIMINIATE IT FROM ENTERING SOME OF THE HOMES DOWN IN THERE. THERE WAS ONE HOUSE, LETS SEE, LOT 9, WHICH HAPPENS TO BE HERE AND MR. AND MRS. MARSdH THEY HAVE A CONCRETE PATIO THE BACK YARD DRAINS TOWARD THE HOUSE AND THERE IS NO SWALE IN THE BACK. THE FRONT YARD SHOULD BE GRADED DOWN. I FOUND THE FRONT YARD TO BE HIGHER THEN THE FINISHED FLOOR ELECATION WHERE IT EITHER ENTERS THE HOUSE OR GOES OUT THROUGH THE DRIVEWAY, WHICH EVER IS THE POINT. THE LOTS RANGING FROM 21 TO 27 DO NOT HAVE SIDE SWALES AND WHAT HAPPENS IS THAT THERE ARE CERTAIN HOUSES THAT ARE HIGHER THEN THE OTHERS, PROPERTY FROM THE NEIGHBOR ADJACENT TO ANOTHERS HOUSE WILL FLOW OVER DOWN THROUGH THE WALL, UNTIL IT HITS THE WALL AND iT HAS NO OTHER PLACE TO GO AND IT EITHER BUILDS UP, WHICH IS SOME CASES I THINK CAUSES MILDEW ON THE INTERIOR OF THE WALL, OT IT WILL POND THERE BEFORE IT GOES THROUGH THE GRADING COURT, IT GOES DOWN SO THERE WHOULD BE SIDE LOT SWALES THERE. I DID NOT SEE ANY EVIDENCE THERE EXCEPT THAT ONE PERSON, LOT 21, THERE WAS ON THE NORTH OR EAST SIDE OR NORTHEAST SIDE, THERE iS A SWALE THERE THAT HE SUPPOSEDLY PUT IN HIMSELF. BASICALLY WHAT I SEE IS NOT THE STREET GRADES WHICH GO~ ~--~L~U~ ~LLY THE GRADE OF THE LOTS." \¥! MAYOR FLOOD SUGGESTED THAT LLOYD AND ASSOCiAtES MAKE THEr. R RECOMMENDATIONS ON THE STUDY MR. MACQUEEN STATED THAT TB"E--FfEC6~MMEN~TIOA~F~OF THIS STUDY WERE MADE AS OF JULY 1, 1980 DUE TO RESIDENTS COMPLAINTS OF THE DRAINAGE PROBLEMS EXPERIENCED IN THE RIVER'S EDGE A_ND EXCESS WATER TABLE HEIGHTS. - ~ ~ BL~M THE SOLUTION TO TH~"P~O WAS UNIFORM GRADING, LOT GRADING PLAN AS ILLUSTRATED IN SHEET 3 OF 3. PROBLEM Z"m STCraTS --' Zl-- OADWAYS. THE SOLUTZON TO PROBELM ~3.~C~SI~~R~A~R~TIN~ T~ ~L~ ~ THIS PROBLEM WOULD BE LOT GRADING AS SHOWN ON SHEET 3 OF 3. REAR LOT SWALES, EXCAVATED AS ILLUSTRAT- ED. PROBELM #4. DISPOSAL OF STORM WATER ON LOTS 14 THROUGH 19. THE SOLUTION TO THIS PROBLEM WOULD BE SWALES ALONG THE FRONT OF LOTS 14 THROUGH 19 WITH AN INLET THAT WOULD DRAIN INTO THE STORM WATER RETENTION BASIN, THE SWALES ALONG THERE AGAIN WILL NEED TO BE REGRADED AND THERE ARE SOME DRIVEWAYS IN THERE THAT WILL POSSIBLY NEED TO BE RE-DONE. THE LARGEST ACCUMMULATION OF STORM WATER IN THIS AREA IS IN THE LOW AREAS AND THOSE ARE LOTS i0, 11, 12, 21 AND 22. COUCILMAN VOTAPKA STATED THAT HE WOULD PREFER AN OVERFLOW RATHER THAN A CHEAT FLOW UP AND OVER THE LOTS, IT IS A PRE-EXISTING CONDITION. MR. MACQUEEN STATED THAT THE RETENTION POND HAD AN OVERFLOW INTO THE RIVER AT THE PRESE~ TIME. COUNCILMAN VOTAPKA VERIFIED THAT STATEMENT AND COMMENTED THAT THE PIPE AND INVERT OF THAT PIPE IN THE RETENTION POND WAS CRUSED IN. THERE WAS NOT A FULL SECTION SO IT WOULD NOT BE ADEQUATE TO PROVIDE THE OVERFLOW THAT IT WAS DESIGNED FOR. HE ADDED THAT THERE WAS A MAINTENANCE PROBLEM DUE TO A RUSTED SPOT ON THE PIPE AND THE PIPE HAS NO STABILITY. COUNCILMAN VOTAPKA STATED THAT THERE WERE NO GRATES ON THE CONCRETE CATCH BASINS.. COUNCILMAN VOTAPKA STATED THAT THERE ARE FOUR CATCH BASINS IN THE SUBDIVISION THAT WERE NEVER COMPLETED. MR. KEPPLER REMARKED THAT THE MAN HOLE COVERS, ONE IN PARTICULAR, HAD TO BE CHOPPED DOWN TO GET THE PROPERTY TO DRAIN ON THE CORNER LOT TO CHANGE THE ELECATION. MR. KEPPLER ADDED THAT THE FOUR INCOMPLETED CATCH BASINS ARE SITTING UNTIL THE SUBDIVISION IS COMPLETED SO THAT THEY CAN BE BROUGHT TO THE RIGHT LEVEL. SPECIAL WORKSHOP MEETING/KEPPLER/RIVER'S EDGE/SEPTEMBER 30, 1981 MEETING CALLED TO ORDER AT 7:00 P.M. BY MAYOR PAT FLOOD, JR. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, CITY ATTORNEY DANIEL KILBRIDE, AND MAYOR PAT FLOOD, JR. (ATTORNEY KILBRIDE LEFT AT 7:10 P.M. TO ATTEND ANOTHER MEETING) MAYOR FLOOD STATED THAT THE PURPOSE OF THIS MEETING WAS TO GATHER INFORMATION FOR THE PROPERTY AND HOMEOWNERS OF RIVER'S EDGE AND THE CITY COUNCIL. MAYOR FLOOD STATED THAT MR. SMUCKER WAS PRESENT, MR. KEPPLER'S ENGINEER, AND THAT THE COUNCIL HAD RE- QUESTED THAT MR. SMUCKER BRING TO THE CITY A TOPOFRAPHIC PLAN IF HE HAD ONE. MR. SMUCKER STATED TO THE COUNCIL THAT HE WAS UNDER THE iMPRESSION THAT THIS MEET- ING WAS CALLED DUE TO THE CONDITION OF THE WATER AT RIVER'S EDGE. HE ADDED THAT HE WAS NOT PREPARED TO DISCUSS WHETHER A TOPOFRAPHIC PLAN WAS DONE AND IF IT HAD, HE HAD NO IDEA IF IT WOULD BE IN HIS OFFICE. COUNCILMAN VOTAPKA SUGGESTED THAT SINCE MR. LLOYD, CITY ENGINEER, WAS NOT PRESENT AT THIS TIME PERHAPS MR. SMUCKER COULD EXPLAIN WHAT IS BEING DONE TO CORRECT THE WATER AND THE WATER PLANT SYSTEM NOW. '~. MR. SMUCKER REPORTED TO THE COUNCIL THAT HIS FIRM HAD GIVEN A COPY OF EVERY LETTER WRITTEN AND RECEIVED REGARDING THE NEW WELL AT RIVER'S EDGE TO MAYOR FLOOD. MRi ~ SMUCKER STATED THAT HE HAD TAKEN TESTS FROM THE WELL AND IN THE PAPERS GIVEN TO THE MAYOR WERE THE RESULTS FROM GEO-TEC, THE ANALYSIS OF THE WATER SHOWED THAT THE IRON IS LOW AND THE ONLY REAL PROBLEM WOULD BE WITH THE COLOR CONTENT 0~7 THE WATER, THE THAT B & B UTILITIES WOULD COMPLETELY FLUSH AN~2~CLEAN aiL T~ ~INES IN THE WATER SYSTEM ONCE THE WATER WAS APPROVED FROM THE 9~PARTMENT DF EN~IR/DNMENTAL RESOURSES. THERE FOLLOWED A LONG ~I~S$ION__ 9A' MR.~EPPLER'S PAS ENGINEERS AND THE CONDITIONS OF MR. SMUCKER WORKING ~R' H_~ NO~-=. MR. SMUCKER STATED THAT MR. /~4~LER I~ NOW UNDER A $50.00 A DAY FINE UNTIL THE WATER SYSTEM IS APPROVED. r ~ ~ ~ COUNCILMAN VOTAPKA REPLIED THAW TEE~AXIMUM FINE RIGHT NOW IS $10,000.00 A DAY SO THE COURTS WERE NOT VERY HARS~ ~N M~. KEPPLER. COUNCILMAN VOTPAKA STATED THAT HE WOULD LIKE SOME SORT OF GUA~E F__~OM MR. KEPPLER, iN THE FORM OF A BOND, THAT IF THE WORK COSTS MORE THEN $13,300.00, ALREADY IN BONDS, THAT MR. KEPPLER PUT UP AN ADDITIONAL BOND TO GUARANTEE COMPLETION OF THE WORK. R. KE ST D U PUT UP ~NY M IN BONDS, THE MONEY THAT MAYOR F~ SUGGESTE~ TH~ ~ ~CIL ~SK .~. ~E~E_~ PUT UP A BOND TO GUARANTEE COMPLETION OF THE WATER SYSTEM AT RIVER'S EDGE AND TO SET A DEADLINE FOR THAT WORK TO BE COMPLETED AND FORFEIT THE BOND IF THE WORK HAS NOT BEEN COMPLETED BY THE DEAD- LINE. AFTER A DISCUSSION OF THE TYPE OF MEETING THAT WAS CALLED MAYOR FLOOD DECLARED THAT THIS WORKSHOP MEETING BE MADE AN EMERGENCY MEETING. EMERGENCY MEETING/KEPPLER/RI.VER'S EDGE 'SUBDIVISION~SEPTEMBER 30, 1981 EMERGENCY MEETING CALLED TO ORDER AT 8:35 P.M., BY MAYOR PAT FLOOD, JR. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOT~PKA, COUNCILWOMAN FLORENCE PHELAN, AND MAYOR PAT FLOOD, JR. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTPAKA, THAT MR. KEPPLER POST A BOND IN THE AMOUNT OF $35,000.00 TO GUARANTEE A POTABLE WATER SYSTEM IN THE DEVELOP- MENT AND TO BE APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL RESOURSES AND ANY OTHER REGULATION NECESSARY TO GIVE THEM THE WATER THAT iS NECESSARY FOR THEIR HEALTH, PRESERCATION FOR THEIR HEALTH. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED~ MAYOR FLOOD STATED THAT THEY WOULD CONTINUE UNDER THE EMERGENCY MEETING UNTIL ALL MATTERS ABOUT THE SUBDIVISION HAS BEEN DISCUSSED. MAYOR FLOOD THEN ASKED MR. SMUCKER WHAT HE FELT WOULD BE A FAIR AND REASONABLE TIME TO GET THE WORK COMPLETED.