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HomeMy WebLinkAbout08-25-1988 Council Minutes 40~ A special meeting of the Canton City Council was held on August 25, 1988 in council chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY DONALD E. ED4dARDS, MAYOR. Mayor Edwards asked for roll call at 6:30 p.m. Present - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, Bohler, May, Chapman. Absent - None. The City Clerk read the purpose of the special meeting. TO CONSIDER AND TARE FINAL ACTION ON AN ORDINANCE PROVIDING FOR THE LEASE OF FIREHOUSE $ 2. City Attorney Jim Malmgren reported that he had a telephone call from Ruth Dove who represents the West Central Special Education Co-op, she wanted to talk about the provisions in the lease agreement. The Co-op will be required to move the kitchen facilities to the engine bay. Their concerned about the sixty day cancellation notice by either party. Their also requesting reduction of the rent by $100 per month for a 12 month period of time. Another question concerns the proposition of the city taking care of yard mowing and snow removal. She wanted to know if it would be alright to be at the meeting around 7:30 p.m.? I informed her that I didn't think so, since the council meeting was called for 6:30 p.m. and he had only vision taking 15 minutes. And several council members had to be at other places later on this evening. I made no representation other than that, except to say I felt very uncomfortable bringing this to council as renegotiating a lease with non client. Mayor Edwards said his problem is that we have already done the negotiating, and now were wanting to change them at the last hour. I think our recommendation is that we pass on the ordinance as is, and give authority to myself to sign the lease. Cliff Sagaser City Engineer stated that the city taking care of the yard work is no big deal. He would be willing to give them this benefit but is not willing to give them the rent reduction. Robert DeRenzy Fire Chief sees no reason why the kitchen has to be moved into the engine bay. He suggesteci putting the new bathroom into what was the sleeping room. Mayor Edwards said it would be cheaper to put an office in the engine bay area. ORDINANCE - PROVIDING FOR THE LEASE OF FIRE HOUSE #2. First reading, read by title. Motion by Alderman Sarff, second by Alderman Steck, to suspend the rules for passage of the ordinance on first reading. Roll call. AYES - Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 8 AYES 0 NAYS 0 ABSENT. Motion carried. Motion by Alderman Chapman, second by Alderman Kovachevich, the ordinance be placed on its passage. Discussion. Jim Malmgren City Attorney reported that there is a list of proposed improvements to the fire station outlined by Phillips & Associates to meet building code requirements. Basically the city does do everything on this list, except 40~ CONTINUED August 25, 1988 the new bathroom and the carpeting. Jim said he had no problems with the Section on page 3 under the heading CANCELLATION: by adding the city's right to cancel in support of fire fighter operation, other than for cause. Mayor Edwards recommended not to change the amount of rent payments and to not do the yard maintenance, feels this is the responsibility of the tenant. Ruth Dove arrived at the meeting at 6:55 p.m. She said she was not sure how convenient it would be for them to do the yard maintenance. She also said she was conerned about the 60 day notice as they will have alot of money in the improvements. Jim Malmgren City Attorney stated that under the Section of CANCELLATION, it has been discussed and amended to O read..."to provide the city's right to cancel only if the ~ city is going to reinstate that building." I won't say ~ as a fire house but it's for fire fighting equipment. The chances of that happening in a 5 year period far as I know = are remote. I can't tell you it wouldn't happen, it is m receivable, but it is very remote. I wouldn't recommend Q to the city council giving up that basic right to retake that property for fire fighting use. The council has to preserve that option. What's a reasonable provision for your protection as well as the city's? Ruth Dove said she is concern about having to find another facility as she stated she will have alot of expenses in this one. The motion by Alderman Chapman and the second by Alderman Kovachevich, concurred with the following amendments to the lease agreement...on page 1 of the lease, under the heading RENT TO BE PAID, a new sentence is added...rent may be prepaid in any multiple of the regular monthly rental amount. Another amendment is on page 2 under Section 6 heading of GENERAL sub paragraph C, add the amount of liability insurance at Tenant's sole expense in the amount of $300,000.00. Under Section 6 the heading of GENERAL, add a new sub paragraph "g" that reads...to preform yard mowing and upkeep and snow removal on an as needed basis. Under the heading 9. CANCELLATION, the paragraph has been shorten and now reads...Either Landlord or Tenant may unilaterally cancel this lease by giving the other party at least one-hunderd eighty (180) days written notice prior to the effective date of the cancellation. On page 4 of the lease, the last paragraph is stricken that reads...all other changes will be at expense of Tenant after prior written consent of the City. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, Bohler, May, Chapman. NAYS - None. 8 AYES 0 NAYS 0 ABSENT. Motion carried. Ordinance being #1207. Motion by Alderman Kovachevich, second by Alderman Sarff to adjourn. Voi.ce vote, motion carrieu. Council adjourned at 7:19 p.m. . c~ ~ ~ CI Y CLERK APPROVED : ~~~:.=i/ - MAYOR