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HomeMy WebLinkAbout09-06-1983 Council Meeting Minutes 438 A regular meeting of the Canton City Council was held on September 6th , 1983 in Council Chambers . PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY CITY CLERK NANCY WHITES . Mayor Edwards asked for roll call at 6 : 30 p .m. Present : Aldermen Kovachevich , Hammond , Savill , Workman , Carl , May , Horr . Absent : Alderman Sarff. MINUTES OF JULY 20TH SPECIAL MEETING . Motion by Alderman Hammond , second by Alderman Kovachevich , the minutes of July 20th be accepted and placed on file . Voice vote , motion carried . MINUTES OF AUGUST 16TH MEETING . Motion by Alderman Carl , second by Alderman Horr, the minutes of August 16th meeting be accepted and placed on file with the following corrections : page 427 5th paragraph , 2nd sentence the word"repave" should read "regrade . " Voice vote , motion carried . MINUTES OF AUGUST 30TH SPECIAL MEETING . Motion by Alderman Horr , second by Alderman Workman , the minutes of August 30th meeting be accepted and placed on file . Voice vote , motion carried . COMMITTEE REPORTS : Public Safety & Traffic . Council Action Motion by Alderman Horr, second by Alderman Savill the salary of Esda be referred to Negotiations & Personnel Committee . Voice vote , motion carried . Streets & Garbage . Council Action None . Informational : Alderman Workman brought up Park Court and the brick road on that street , it is in bad shape . This was referred to the Street & Garbage Committee ' s next meeting . Lake , Building & Grounds . Council Action None . Public Works Water & Sewer . Council Action None . Alderman Kovachevich noted that the Clerical Committee will meet September 15th at 6 : 30 p .m. instead of September 8th . COMMUNICATIONS FROM DAVE DORGAN - BUDGET AND COMMUNIT`C DEVELOPMENT DIRECTOR. Dave wants to schedule a meeting with the Fairview Heights residents to be concurrent with the Mechanical meeting on September 27th . The purpose is to be informed as to what progress the city is making on the fairview heights sewer project and what part of time table we may be looking at . We have now sent in our documents to the state setting up financial procedures , for that grant implementation . It looks like it may now well be spring before the city will see any construction , the city is still in the designing state , alot of questions have been raised due to 439 CONTINUED SEPTEMBER 6TH , 1983 the fact the city engineer and city staff have been out there doing engineer work . It would be good to Clear the air with the citizens . The fairview heights meeting will be at 6 : 00 p .m. The mechanical committee meeting at 6 : 30 p .m. Jim Malmgren and Dave Dorgan will be meeting with Msd on potential land purchase for the industrial site on Friday September 9th to discuss some of the preliminaries of that purchase . We have now received 2 appraisals upon the property and will be going over them with Msd officials . Dave has been contacted about a couple of demolition projects which are in the present target area . Potentially examining these projects for the city and would be looking to do those for demolition without acquisition . Will have a recommendation at the next council meeting . It will also be discussed at the next clerical meeting . Nothing new on the prison proposal or the theatre proposal reported Dave Dorgan . COMMUNICATIONS FROM CLIFF SAGASER - CITY ENGINEER . The Corp of Q Engineers sent a letter requesting an easement for sewer work they Q want to do from their proporty westerly to tie into a culvert that exist under route 78 . The exact location is Exhibit A attached to the ordinance . The price for overlaying the Senn-Soldwedel parking lot - there are 3 different types of material . The city received prices from Pschirrer for doing one of three types of work . The following are in order of quality : 1 ) Two layers of chipping and sealing which is called an A-2 surface with a primer prior to that after we regrade it . The cost is $3 ,540 . 00 . One layer of sealing and chipping wouldn ' t hold at all on a new area that we would be making corners on with automobiles turning into parking areas . Cliff is not sure how 2 layers will hold up , but Pschirrer ' s thought it would do alright . 2 ) Sand Seal of that quality ( of our M. F .T . ) on this parking lot which will be a 3/4 ' s thick layer after primer. The cost is $6 ,250 . 00 . 3) Two inch layer hot mix asphalt rolled in placed after primer has been put on existing surface . Total cost is $12 ,900 . 00 . The parking lot measures roughly 95 x 185 . Pat Wright City Treasurer was asked by Alderman Carl for a fin- ancial report of the tax increment account, Pat said council has geered the money towards an application we didn ' t receive . We ' ve been spending quite a bit on legal fees for the redevelop- ment plan . Pat said she didn ' t know at this time . Mel Harris who has a business on E . Chestnus Street spoke for the business ' s in the area . He has around 50-80 people who use his 5 fitness center and parking spaces are desperately needed for this area . Mayor Edwards recommended the sand seal , and have an extension of our sand seal contract because of the bidding procedure . Motion by Alderman Carl , second by Alderman Savill to recommend the sand seal based on the unit price of M . F .T . work . Discussion . Cliff Sagaser said the estimate he got today is $4 . 00 higher then the figures this spring , do you want me to say , this is an ex- tension of the existing contract based on the unit price that we were quoted on the M. F. T. work , that work hasn ' t been done yet . Mayor Edwards stated that sounds like what we want . Roll call . AYES : Aldermen Horr , May , Calrl , Workman , Savill , Hammond , Kov- achevich . NAYS : None . Motion carried . 7 ayes 0 nays 1 absent . Jim Malmgren City Attorney reported that normally you would of had to gone thru the bidding process on this , but because you have an 440 CONTINUED SEPTEMBER 6TH , 1983 existing contract which is not yet completed , both the State Statute and local ordinances give you authority to write a change order adding this on to an all ready existing contract . An engineering service contract has been presented by Crawford , Murphy & Tilly , Cliff made a request for some changes , they are : paragraph 2 1st page , we had to clarify some of the extra for that paragraph is now in line with what Cliff ask them to do . The last sentence of #6 on page 4 and continued to page 5 , that paragraph was added. Mayor Edwards asked the council to move the resolution of Craw- ford , Murphy & Tilly to this time to act on it now. Council concurred . RESOLUTIOPN - APPROVING AN "AGREEMENT FOR ENGINEERING SERVICES " WITH CRAWFORD, MURPHY & TILLY , INC . First reading , read by title . Jim Malmgren City Attorney asked Emil Cook about paragraph 6 A that was just added on . Jim said I noticed that no where does this agreementin its terms call for the payment of interest by reason of any delayed payments . My question is , is it contemplated that interest would be paid on the late payments by the city? Emil Cook of Crawford , Murphy & Tilly stated that to his knowledge there is not any interest to be charged . Crawford , Murphy & Tilly has never charged a client interest over the thirty years they ' ve been in business . Emil said he could get a clarification on that . Jim Malmgren said a written clarification on thatwould be proof enough . Emil said okay . Motion by Alderman Carl , second by Alderman Workman , the resolution be adopted . Roll call . AYES : Aldermen Kovachevich , Hammond , Savill , Workman , Carl , May , Horr. NAYS : None . Motion carried . 7 ayes 0 nays 1 absent . Resolution being #999 . Emil Cook gave a status report that council had requested them to do as to what ' s going on : 1 ) Begun work in the Big Creek Area . Had a survey crew in for the beginning of their 3rd week this week . Utilized Anderson Engineering to help locate some property . 2 ) Will have a second survey crew beginning ohe week to 10 days , they ' ll be working on the south and west side of town to tie all that work into the inline- ments and properties we have outlined in the facil - ities planning report. The following 2 items should be considered by council Emil Cook said : 1 ) The need for a fiscal agent. 2 ) Decide what information you should provide to voters in the referendum. The agreement does pr©vide for us to develope for you to charge some information for you and if you need this information so the public will know exactly what the increase rates might be and what the dollars are going for , we can put that togather for you . Mayor Edwards said the need for a fiscal agent will be discussed at the next committee meeting . Cliff Sagaser City Engineer was asking council to allow him to deviate from certain codes as therenot always applicable to cases that come before him . He cited an example as Ray Hartle issues building permits allowing them 3 feet from the property line because that ' s what the former city engineer allowed . Cliff follows the code book and it says its 5 feet . Jim Malmgren City Attorney said the best thing is to amend the ordinance with another ordinance , rather than put Cliff on the spot . 441 CONTINUED SEPTEMBER 6TH , 1983 COMMUNICATIONS FROM MAYOR EDWARDS . Motion by Alderman Horr , second by Alderman May the appointment of an ad-hoc committee for the purpose of gathering information on the referendum and also voter education , committee members are : Cliff Sagaser , Dave Dorgan , Alderman Tom Hammond , Alderman Chuck Savill be con- firmed . Voice vote motion carried . Mayor Edwards has had many thank you ' s and calls from people who appreciate the work the auxiliary police are doing in the downtown area . OLD BUSINESS : ORDINANCE - PROVIDING FOR THE MANNER OF SALE OF REAL PROPERTY . Second reading read by title . Motion by Alderman Kovachevich , second by Alderman Horr , the ordinance be placed upon its passage as amended . Discussion . The date for bids was October 11th and that date wasn ' t a council meeting , so it was changed to October U, 18th . Roll call . AYES : Aldermen Horr, May , Carl , Workman , Savill , Q Hammond , Kovachevich . NAYS : None . Motion carried . 7 ayes 0 nays 1 absent . Ordinance being #988A. Q ORDINANCE - AMENDING ORDINANCE NUMBER 959 ( "BEING AN ORDINANCE INITIATING AND COOPERTATIVELY DESIGNATING AN ENTERPRISE ZONE" ) Second reading read by title . Motion by Alderman Kovachevich , second by Alderman Horr , the ordinance be placed on its passage . Roll call . AYES : Aldermen Kovachevich , Hammond , Savill , Workman , Carl , May , Horr. NAYS : None . Motion carried . 7 ayes 0 nays 1 absent . Ordinance being #989 . RESOLUTION - AMENDING "POLICY GUIDELINES FOR PERSONNEL ADMINISTRA- TION BY RESOLUTION NUMBER 796 . Second reading , read by title . Dave Dorgan commented that we have come across a complication on an insurance problem and Dave recommends that this resolution be reviewed at the clerical committee and tabled until the next council meeting . ORDINANCE - PROHIBITING PARKING ON THE WEST SIDE OF AVENUE D BE- TWEEN WEST CHESTNUT STREET AND WEST LOCUST STREET . Second reading , read by title . Motion by Alderman Workman , second by Alderman Savill , the ordinance be placed on its passage . Roll call . AYES : Aldermen Horr, May , Carl , Workman , Savill , Hammond , Kovachevich . NAYS : None . Motion carried . 7 ayes 0 nays 1 absent . Ordinance being #990. Alderman Kovachevich was excused at 7 : 30 p . m. NEW BUSINESS : RESOLUTION - ESTABLISHING COST OF LIVING ALLOWANCES FOR MEMBERS OF THE CANTON FIRE DEPARTMENT , LOCAL NO . 1897 , AND THE POLICE DEPARTMENT , LOCAL NO . 759 . First reading , read by title and total amount . Motion by Alderman Horr , second by Alderman Savill , the resolution be adopted . Discussion . Alderman Carl didn ' t want to take action on the resolution this evening , they have indicated they wanted to talk to us . I can ' t belfdve we ' d give police and fire cost-of- living increase without giving dept . heads the same consideration . Alderman Savill agreed with Alderman Carl . Motion and Second withdrawn . Motion by Alderman Savill , second by Alderman Horr , the resolution lay over to the next council meeting . Discussion . The contract has language stating the cola allowance shall be paid soon thereafter as practicable . The contract isn ' t set in concrete , you do have a little flexibility there but not very much , Jim Malmgren said . Voice vote , motion carried . 442 CONTINUED SEPTEMBER 6TH , 1983 ORDINANCE - AUTHORIZING AND DIRECTING THE CONVEYANCE OF A PORTION OF THE CITY OF CANTON"S INTEREST IN REAL PROPERTY TO THE UNITED STATES GOVERNMENT FOR PURPOSES OF A CONSTRUC- TION EASEMENT . First reading , read by title . Mayor Edwards would likethis ordinance passed in one reading . Jim Malmgren reported that number 1 ) the state statute requires that in dealing with the federal government you shall do it by ord- inance as in distinguishing a resolution or otherwise you would of had a resolution and wouldn ' t had to worry about suspending the rules . 2 ) on the accompanying papers with the ordinance , paragraph 5 of the right-of-entry for construction , indicates and understood and agrees that the owner (that ' s us ) will convey by donation to the Government the necessary interest in said land prior to the expiration of this permit . What there really saying is were going to give it to them free of charge . It does not state what the duration the easement shall be . However , the cover letter mentions a perpetual sewer line easement . Jim would like to see something in existence as long as the sewer is there . 3) none of these agreements provide that the govern - ment agrees to say the city whole and harmless . Mayor Edwards withdrew his recommendation to pass the ordinance tonight . Cliff Sagaser stated that the drawing refers to 25 feet from the city, its only 15 feet from the city , the other 10 feet will come from somebody else . EXECUTIVE SESSION - THREATENED/IMMINENT LITIGATION . Motion by Alderman Savill , second �y Alderman May to go into executive session . Roll call . AYES : Aldermen Hammond , Savill , Workman , Carl , May , Horr. NAYS : None . Motion carried . Council adjourn- ed the regular council meeting at 7 :43 p .m. The executive session began at 7 : 51 p .m. the minutes are on file in the office of the city clerk . �..c-�,i , �, J, Motion by Alderman Hammond , second by Alderman Savill to go into open session . Voice vote , motion carried . Council went into open session at 8: 00 p .m. ADJOURNMENT : Motion by Alderman Workman , second by Alderman May to adjourn . Voice vote , motion carried . Council adjourned at 8: 01 p .m. CITY CLERK x APPROVED . MAYOR