Loading...
HomeMy WebLinkAbout07-18-1989 Council Minutes 046 A regular meeting of the Canton City Council was held on July 18, 1989 in council chambers. PLEDGE OF ALLEGIANCE OPEN THE MEETING, FOLLOWED BY THE INVOCATION GIVEN BY CITY GLERK NANCY WHITES. Mayor Edwards asked for roll call at 6:30 p.m. Present -~Aldermen Kovachevich, Zilly, Sarff, Meade, May, Chapman. Absent - Aldermen Steck, Bohler. MINUTES OF JULY 5, 1989. Motion by Alderman Sarff, second by Alderman May, the minutes of July 5th be accepted and placed on file. Voice vote, motion carried. BILLS FOR JUNE. Motion by Alderman Kovachevich, second by Alderman Zilly, all bills properly approved be paid. Discussion. Mayor Edwards brought up the bill from White/Easley in the amount of $353 and signed by Willis Taggart. There does not appear that any committee action was taken on it. Cliff Sagaser said it was not sent to committee as it was a purchase deemed necessary at that time. Mayor Edwards said our auditors are watching these bills that are not authorized. We do have a policy of $150. Cliff said that he had authorized the purchase. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Niotion carried. PUBLIC HEARING 7:00 P.M. ON THE CDAP APPLICATION FOR PUBLIC FACILITIES. Motion by Alderman May, second by Alderman Sarff, to recess the regular meeting for a public hearing. Voice vote, motion carried. PURPOSE OF THE PUBLIC HEARING: For a Community Development Assistance Program public facilities application, to gather input for the application. , Mayor Edwards asked Cliff Sagaser to give a brief overlay of what the grant would be for and then he said will open the meeting for input from the audience. Cliff reported that we orginally wanted to include several areas of our grant request for sewer, and that would be Bar-Mac, the area in Edmar Drive, and also some relief to the sewer that's on 4th Avenue. On getting more heavily involved in the project we decided at staff level, we could not ask for a grant to satisfy those 3 needs because the citeria for getting them approved wasn't there for the other two. So we narrowed it to just this one at this time for an application for assistance on the South Bar-Mac sewer. We need to have the 51% low in average income level and the other areas do not meet this, but Bar-Mac South Subdivision does. We did select a couple of different routes. We met with the residents of the area. Because of the location of their septic systems, they now have selected a path for their sewers to be located in and where the lift station and force main will be. We do have a preliminary estimate of engineering cost for a total construction cost including all contingency's for construction and the engineering comes to $112,840. Out of this we're expecting to have leveraging funds of some $24,000 coming from the residents of that area. Also the city would be paying the engineering cost which are estimated to be 15% of the construction cost which totals $24,018 plus $14,715 so the total leveraging funds that we would have for this project would be $38,733. Only the sewer residents are in the city limits, nobody ~47 CONTINUED July 18~ 1989 outside the city limits would be served. The force main would cause sewage waste into the man-hole in the area of Cypress and North Main Street. However, in designing, we would design as such, that at a future time perhaps the rest of Bar-Mac Subdivision or other people, would tie on. Cliff said he would be happy to answer any questions. ~ Mayor Edwards then opened the public hearing to the audience. Wilma Rowell of 3 Mar-Lee Drive, she stated that they are requesting an application be sent in for a grant for the sewer project. And any help you can give us would be very much appreciated. There are eleven of us here tonight, there are around 14 in all. Leon Headl~, 21 Mar-Lee. He said he was inside the circle of the subdivision, and we are not inside the city. I wonder where you propose to put the sewer? Cliff Sagaser, city engineer, the gravity sewer system would be located in the area of Lot 21, but there is not such a lot number, so we decided on the little lots that are on Cypress, lots 5& 10. However, we would get involved in crossing the Mar-Lee Drive area and inside the subdivision at one location, the Southeast corner, we have to do that to serve lot #23. Leon Headly asked, where are you going to put the lift station? Cliff commented, the proposed lift stati'on would be in the area of the very west edge of the subdivison. However, these are very preliminary plans and may actually be on one of the lots, it may be on public property owned by the park district. On our drawing it is shown as being on Outlot A. Leon Headly, will this be south of Lot 6,7,8&9 or north of there? Cliff answered, it will be south of lots 5,6,7,8,9,& 10. Leon Headly, you're not coming down the street? My line of thinking was, if Bar-Mac does come into the city, how do you propose to catch these lots over on 18, 19 & 20? Would you be able to catch everybody? Cliff answered, all I can say is we've given thought to how we can serve those lots. This is not the purpose of the public hearing. I do have sketches and plans of the whole area being served. Mayor Edwards asked if it would drain the entire area? Cliff said, yes! Leon Headly asked, why do we need a sewer now, we never did before? Why are we going to spend $150,000 plus, of public funds for a sewer that we've never needed before and some of these people have been there for 30 or 35 years? 048 CONTINUED July 18, 1989 Mayor Edwards said, we are conducting a public hearing for your input. If you object to that, then that's what you should say. Leon Headly said, yeah, I object to that! Mayor Edwards called for others to address the public hearing. Bill List of Mar-Lee Drive, he asked if there would be any odor from the lift station, since it is sealed? Cliff Sagaser said, there is odor from sewers, this lift station will be a new one, it will be built by the latest standards. Usually there are no odors from lift stations that are pumping properly. There will be no laying in lines very long of sewage, so there shouldn't be any abnormal odors from this lift station at all. Bill List made a comment that was not heard. Mayor Edwards said to Bill List, again, we are in a public hearing gathering input. Bill List said I am putting in input. Mayor Edwards, you are asking questions. Bill List, yes, I am. Mayor Edwards, I don't mind you asking questions, but I don't want to spend all evening listening to them. Bill List, I've only been here 2 minutes. Anyway, $150,000 is alot of money to be spending on 5 or 6 homes. Mayor Edwards said, it's to drain the whole area eventually, it is not for 5 or 6 homes. Mayor Edwards asked Bill if he objected? Bill List said, yes, if there going to have an odor. Mayor Edwards said, he told you lift station sometimes do have, we can't say they don't. Bill List asked, do you have plans on all the area coming it? Mayor Edwards responded, we like for people to join the city rather than to go out and take them in. Do you plan to join us? Bill List said, no, I don't! Mayor Edwards, then I don't think you have to many worries. Mayor Edwards asked if there is anyone else wanting to speak? No one responded. Motion by Alderman Sarff, second by Meade, to close the public hearing. Voice vote, motion carried. Council reconvened in regular session at 7:11 P.M. ~49 CONTINUED July 18, 1989 COMMITTEE REPORTS: Finance. Council Action Motion by Alderman Kovachevich, second by Alderman Meade, the approval to purchase a video cassette player for automatic repeat service for Channel 14 at a cost of $200. Roll call. AYES - Aldermen Kovachevich, Zilly, Sarff, Meade, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Nlotion carried. Negotiations, Grievance & Personnel. Council Action Motion by Alderman Sarff, second by Alderman Meade, to authorize the payment of two-thirds for holiday pay to Gordon Weaver and John Wason according to the arbitrators ruling while on disability. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. (The committee had not made the recommendations it was decided on at this meeting) Community & Industrial Development. Council Action None. Legal & Ordinance. Council Action Motion by Alderman Meade, second by Alderman Sarff, to.amend the MFT program to include West Cherry Street, West of Main Street and of Greenwood Cemetery and Avenue B to Hickory Street for blacktopping. Discussion. Cliff Sagaser said it will require an amendment to the Resolution for $180,000. Roll call. AYES - Aldermen Kovachevich, Zilly, Sarff, Meade, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Motion by Alderman Sarff, second by Alderman Kovachevich, the city to proceed with legal action at the address of Edmar Drive and North Main Street on an ongoing fence problem. Voice vote, motion carried. COMMUNICATIONS FROM MAYOR EDWARDS. The mayor introduced Christopher Spears asthe new Community Development Director. Don commented that he is pretty sure we have come up with a person that is going to be a very bright person to lead this community development office. Mayor Edwards recommended that Chris Spears be hired as the new director with a salary of $23,000 with a review on May 1, 1990. Motion by Alderman Sarff, second by Alderman Zilly, the appointment of Christopher Spears as the Community Development Director be confirmed. Voice vote, motion carried. Mayor Edwards introduced Sandy Spears, Chris's wife. 050 CONTINUED July 18, 1989 Chris commented that he was delighted to be choosen for this position. This is a very fine community here and my wife and I are looking forward to moving to Canton. I'll do my very best to serve the people of Canton, and i feel working togather we can make a better community than it is. If anyone has any ideas for me to be aware of so I can be a better Community Development Director, I'd be happy to sit down and visit with you. Mayor Edwards said the best thing I find pleasing about him is his attitude. On July 26th at 6:00 p.m. there will be a meeting at the Fulton County Health Department of Bed & Breakfast. This could go along with our hotel ordinance. If you are interested, you're invited to attend this meeting. Motion by Alderman May, second by Alderman Chapman, the appointment of Mike Hinds to the Police & Fire Commission be confirmed. Voice vote, motion carried. A lease for the former 'job shop' in CIC of approximately 30,000 square feet has been presented by Heinz Business Services to the Community Development office. Wayne Ubanc, & Rod Heinze have a contract for packaging of nails for Keystone and others. Motion by Alderman Zilly, second by Alderman Chapman, to approve the concept of leasing CIC by Heinz Business Services. Discussion. Mayor Edwards said Alderman Sarff is to be excluded from voting due to a conflict by his employment with CIC. Voice vote, motion carried. Unanimous. Quotes for a air conditioning unit for the city building was received today, as requested by Willis Taggart. Received from G.M. rlechanical to replace a 7~ ton G.E. compressor with same for $2,100. A Lennox condensing unit with 2 speed compressor $3,100. White/Easley will install a 7.5 ton 3 phase compressor for $1,275, or a complete condensing unit for the sum of $2,975. Mayor Edwards said if the amount is under $5,000 we don't have to waive the bidding requirements. Cliff Sagaser recommended to accept the low bid of White/Easley for $1,275. Motion by Alderman May, second by Alderman Sarff, to approve the amount of $1,275 for a 3 phase compressor from White/Easley. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. The new well is now pumping water. We are very pleased to see the water coming thru. It is of very high voltage and is a situation where it should be fenced from the general public. Ray McKinney was asked to secure quotes for fencing. Only one quote was received, that being S&S Fencing of 1021 S. Main Street for a total of $1,804. The mayor referred the quote to the Lake Building & Grounds committee and to bring the cost amount to the next council meeting for final approval. ~51 CONTINUED July 18, 1989 Gary Barnhart addressed the council as the lawyer for Vern Garret, the former owner of Garrett's Construction. The Police & Fire Building was built by Garrett Construction. Mr. Garrett read in the paper in the June 28 issue there was some question about the construction technique that was used in that building. He simply wants to be involved in any investigation ~ that occurs concerning this building. He is particularly proud of the many buildings he has built in the City of Canton, all of which I believe are quality buildings. To the extent that you can involve him, he is willing to give of himself in any investigation. I'm asking you to allow him to do that. Mayor Edwards said he certainly did not have any problems with that, nor does he have any problem of his creditability. Mayor Edwards introduced Greg R. Tomlinson. He is with the Process Division of Davis Water/Waste Industries, Inc. Greg reported that Emil Cook of Crawford, Murphy & Tilly referred our company to your Wastewater Treatment Plant personnel. On July 3rd with the assistance of Cliff O'Brien & Gary Orwig I performed a preliminary hydrogen sulfide survey of a portion of the collection system. This survey concentrated on the force main/gravity system originating at the Kilroy Pump Station and downstream to the discharge at the City's Wastewater Treatment Plant. Testing was done using a modified Hach lead acetate method to measure dissolved hydrogen sulfide and Gastec draeger tubes were used for atmospheric reading. Hydrogen sulfide is being generated in the Kilroy Pump Station force main and to a lesser degree downstream of the 20th Street and Walnut Street manhole in the gravity sewer and subsequent force main. This generation is primarily due to the long detention times associated with this system. Due to the very low molecular weight of hydrogen sulfide, it is easily liberated from the wastewater to the atmosphere which causes odor and corrosion problems. In order to accomplish this objective, Davis Process will deliver and install the following storage and feed equipment to the Kilroy Pump Station: 1-5,600 gallon high density cross-linked polyethylene storage tank 1-Stainless steel control panel and stand 2-Process chemical feed pumps All piping and valves necessary to feed ODOPHOS into the Kilroy Pump Station wetwell. The cost for delivery and installation of this equipment will be $1,000. This equipment shall remain the property of David Process. The price of ODOPHOS during this demonstration will be $0.385 per gallon delivered based on shipments of approximately 5,000 gallons per delivery. 052 CONTINUED July 18, 1989 Davis guarantees that dissolved hydrogen sulfide will be controlled to less than 0.5 ppm from the Kilroy Pump Station to the Rupe property manhole. If we are not successful in controlling hydrogen sulfide to less than 0.5 ppm in solution, there will be no charge for this demonstration. The City will be responsible for providing 110 volt, 15 amp electrical service to the feed system and access for P.V.C. feed line into the Kilroy Pump Station wetwell. Based on the data, a feed rate of approximately 165 gallons per day would be required to control the hydrogen sulfide levels that were encountered during our survey. Assuming similar flows and hydrogen sulfide concentrations, this demonstration will last thirty days. I will be on hand during start-up and periodically throughout this demonstration to generate field data and adjust feed rates. This demonstration will beqin within thirty days upon your approval. After a successful demonstration, the above equipment may be purchased for $12,487.30. Davis will deduct the $1,000 demonstration set up fee from this price, bringing the total cost for this system to $11,487.30. The 3,000 gallon storage and feed system that we discussed would be available for $9,195.36 less $1,000 or $8,195.36. However, due to freight rates, the price of ODOPHOS would be $0.435 per gallon delivered based on deliveries of 3,000 gallons per shipment. Davis Process looks forward to assisting you in solving this odor control problem. Motion by Alderman Zilly, second by Alderman Kovchevich, to refer this odor control problem to the Public Works, Water & Sewer committee. Voice vote, motion carried. OLD BUSINESS: ORDINANCE - APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING MAY 1, 1989 AND ENDING APRIL 30, 1990. Second reading, read by title. Motion by Alderman Kovachevich, second by Alderman Zilly, the ordinance be placed on its passage. Roll call. AYES - Aldermen Kovachevich, Zilly, Sarff, Meade, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Ordinance being #1251. Those reviewinq the quotes that were received on the issuance of up to $300,000 water works alternate revenue source bonds was Pat Wright, treasurer, Jim Malmgren, city attorney and Mayor Edwards. Their recommendation ' is Blunt, Ellis & Lowei to be the city's agent. Jim Malmgren, gave an overview of their reasons for choosing this firm. Basically what you're looking at is $8,100 up front expense from the city excluding other cost the city will be responsible for. On 7 year bonds, your looking at an effective interest rate ~53 CONTINUED July 18, 1989 of approximately 6.73% compound with LaSalle National Bank which is sliqhtly lower on the up front interest rate, they have effective interest rate of 7.6%. And several others fall within those highs and lows. It looks like Blunt, Ellis & Lowei would save the city approximately $21,000 over the high figure which looks like LaSalle National Bank. Blunt, Ellis & Lowei looks like their slightly lower than several others. All of them are relative competitive. Blunt, Ellis & Lowei have equipment in their office according to the quote, that allows them to do an substanial amount of this printing as well which should result in alternate deductions to the city in printing expense as associated with the bonds. All of the interest rates were over 7% with this exception, the next lowest which was approximately 7.24g. Alderman Sarff asked if this would be a private sale? Jim Malmgren resonded, it looks to me were looking at a public sale. rIayor Edwards said they'll send us an agreement to review. Motion by Alderman Sarff, second by Alderman Meade, to accept Blunt, Ellis & Lowei for the City of Canton's agent for a$300,000 water works revenue source bond sale. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Motion by Alderman Zilly, second by Alderman Kovachevich, to add to the agenda the Ordinance Amending Title 8, Chapter 11 to the Regulation of Uses at Lake Canton. And, the Ordinance Rezoning certain Property at 73-74 N. 3rd. Voice vote, motion carried. Unanimous. NEW BUSINESS: Mayor Edwards reported that a Huff Loader 1971 Niodel IHC tractor engine has blown up, and a rebuilt one is roughly $7,000. This equipment is used the year around. The price is quoted with a trade-in. Discussion was held on it could be a public works project or just to repair a piece of equipment. Motion by Alderman Sarff, second by Alderman Chapman to waive the bidding requirements as the equipment requires an emergency type of service. Voice vote, motion carried. Motion by Alderman Sarff, second by Alderman May, to authorize the repair of the 1971 IHC tractor with Wheeler Truck Repair. Roll call. AYES - Aldermen Kovachevich, Zilly, Sarff, Meade, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. ORDINANCE - REZONING CERTAIN PROPERTY AT 647 EAST PINE STREET, FOR PHILLIP ~ PAMELA JOHNS, DAVID & MARDELL~r. STECK. First reading, read by title. Motion by Alderman May, second by Alderman Chapman, to suspend the rules for the purpose of passage of the ordinance. Discussion. Alderman Kovachevich asked what is the reason for suspending the rules? Alderman May, the building has been sitting empty and windows have been broken out. Alderman Kovachevich said we still have rules of 054 CONTINUED July 18, 1989 procedure and I can't see where 2 weeks makes any difference. I've seen where it has back fired on us by suspending the rules. I have nothing against the rezoning. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Zilly, Mayor Edwards. NAYS - Alderman Kovachevich. 6 AYES 1 NAY 2 ABSENT. Motion carried. Motion by Alderman Sarff, second by Alderman May the ordinance be placed on its passage. Roll call. AYES - Aldermen Kovachevich, Zilly, Sarff, Meade, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSEPIT. Motion carried.- Ordinance being #1252. RESOLUTION - SUPPORT AND CONDITIONALLY COMMITTING LEVERAGING FUNDS BY THE CITY COUNCIL FOR A CDAP APPLICATION FOR A PUBLIC WORRS PROJECT. First reading, read by title. Motion by Alderman Sarff, the resolution be adopted. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Resolution being #2069. RESOLUTION - APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND RADON HOME PRODUCTS, INC. First reading, read by title. Motion by Alderman Zilly, second by Alderman Meade, the resolution be adopted. Roll call. AYES - Aldermen Kovachevich, Zilly, Sarff, Meade, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Resolution being #2070. ORDINANCE - AMENDING TITLE 8, CHAPTER 11, TO THE REGULATION OF USES AT LARE CANTON. First reading, read by title. This is an effort to curb some of the misuse of Lake Canton. Now that the water is low 4-wheel drive vehicles are dropping off the road and running around the edge. They are hurtinq the errosion Mayor Edwards said. Motion by Alderman Sarff, second by Alderman Zilly, suspension of the rules for passage of the ordinance. Discussion. Alderman Zilly said the problems are happening now and they need to be controlled as soon as possible. Alderman Sarff said he was not aware of all the towing companies in town, but they should be sent a copy of this ordinance. Roll call. AYES - Aldermen Chapman, May, Steck, Sarff, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Motion by Alderman Zilly, second by Alderman Meade, the ordinance be placed on its passage. Roll call. AYES - Aldermen Kovachevich, Zilly, Sarff, Meade, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Nlotion carried. Ordinance being #1~55• ORDINANCE - REZONING CERTAIN PROPERTY AT 73-79 NORTH THIRD AVENUE. First reading, read by title. Recommendations received from the Planning & Zoning Commission read as follows: It is the recommendation of the Planning & Zoning Commission to rezone property located at 647 E. Pine from R-2 Single-family dwelling to B-2 General Commercial District. ~55 CONTINUED July 18, 1989 It is also the recommendation of the Planning & Zoning Commission to issue a special use permit for property located at 73 North Third Avenue for a home for the aged. Mayor Edwards said the June payment of CIC in the amount of $34,964.45 is still not paid. Jim Malmgren, city attorney said he has had discussions with several attorneys including the attorney who did the original resolution on the Ohio law about a year and one-half ago. It is their opinion that Ohio law does not specifically require the signature on the stock to protect the security interest. But never the less it's a good idea. In talking to the attorney for Mr. Carlos, I can certainly understand his concern having the stock certificate signed in blank, so the company is not required by Ohio law. Then to ask for a assignment agreement with the document physically separate and distinct from the shares of stock. It should not make it necessary for the city to go to court in the event of default on the part of Mr . Carlos or his successor. That should solve Mr. Carlos problems, it should meet the city's legitimate concerns. You can give some conditional approval this evening, or leave at the table, or, do nothing. I have no recommendation. Mayor Edwards said he wants the legals ironed out, then he has no objections to deferring the payment. If you wait until the next council meeting you wouldn't be making a demand on the company. Motion by Alderman Kovachevich, second by Alderman Chapman, the payment of CIC be referred to the council meeting of August lst. Discussion. Jess Walden said that he feels there is a solution to the problem at last. Alderman Zilly said she is still uncomfortable with not having the stock certificates signed, we have already offered an extension, we have made enough compromises. Alderman Meade stated, in light of the discussion of signed or not signed, I can understand his not wanting to sign. I have no problem, lets get the thing taken care of and protecting our own interest at the same time. Voice vote, motion carried. 1 nay (Alderman Zilly) Motion carried. EXECUTIVE SESSION - IMMINENT, THREATENED/PENDING LITIGATION. Motion by Alderman Meade, second by Alderman Sarff to go into executive session. Voice vote, motion carried. Unanimous. This portion of the meeting recessed at 7:45 p.m. The executive minutes are on file in the office of the city clerk. ADJOURNMENT: Motion by Alderman Nleade, second by Alderman Zilly, to adjourn. Voice vote, motion carried. Council adjourned at 8:14 p.m. ~ . ~ / `~/l 1 s~.,~ , J CITY CLERK ~ ~ ~ APPROVED: YOR