Agenda for the regular session of City Council July 28, 2015 at 6:30p.m. (Meeting to be held at the Huron Boat Basin Amphitheater, weather permitting) I. Call to order Moment of Silence followed by the Pledge of Allegiance to the Flag II. Roll Call of City Council The City of Huron, Ohio 417 Main St. Huron, OH 44839 www.cityofhuron.org Office (419) 433-5000 Fax (419) 433-5120 III. Approval of Minutes N/A IV. Audience Comments V. New Business Proclamation Ordinance 2015-19 Ordinance 2015-20 Resolution 2015-58 Resolution 2015-59 Citizens may address their concerns to City Council. Please state your name and address for the recorded journal. (3 minute limit) Recognition of the Huron High School Volleyball Team An ordinance authorizing the execution of a Quit Claim Deed for certain real property located on Main Street, related to the Main Street Reconnection Phase 1 Project. An ordinance authorizing a Land Exchange Agreement with the Inn on the River s Edge, L.P. related to the Main Street Reconnection Phase 1 Project. A resolution amending Resolution 2014-99; authorizing Change Order #1 for Kelstin Inc. in the increased amount of $1,848.88 related to the Water Filtration Backwash Pump Improvement Project. A resolution accepting the proposal and authorizing an agreement with Burgess & Niple for design, construction administration, and inspection services related to the Rye Beach Elevated Water Storage Tank Improvement Project. VI. City Manager s Discussion VII. Mayor s Discussion VIII. For the Good of the Order IX. Executive Session X. Adjournment
City of Huron, Ohio Mayor s Proclamation WHEREAS, the Huron High School Girls Volleyball Team through hard work, dedication and sacrifice won the 2014 Division III State Volleyball Championship by a score of 3-1 over Gilmore Academy, and; WHEREAS, the Team is the 2014 SBC Champions with a 12-0 record in conference play and a 25-4 overall record, with the Junior Varsity also coming in with a 12-0 record in the SBC, and; WHEREAS, this was the seventh appearance by the Huron High School Girls Volleyball Team in the State Volleyball Tournament at Wright State University in Dayton with previous championship titles in (1999, 2002 and 2009) NOW, THEREFORE, I, Brad Hartung, Mayor of the City of Huron, Ohio on behalf of Huron City Council do hereby proclaim Tuesday, July 28, 2015 as: HURON GIRLS VOLLEYBALL DAY in the City of Huron, Ohio and urge the citizens of Huron to join me in congratulating the Huron Girls Volleyball Team on their accomplishments in winning the State of Ohio, Division III Volleyball Championship. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the City of Huron, Erie County, Ohio on this 28th day of July 2015. Brad Hartung, Mayor
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Ordinance 2015-19 & Ordinance 2015-20 DATE: July 22, 2015 Subject Matter/Background Ordinance 2015-19 and 2015-20 reflect components relative to and required for the Main Street Reconnection-Phase1 Project: Ordinance 2015-19 will authorize the manner of sale of real property, owned by the city to the Inn on the River s Edge, L.P., formerly known as the Sandusky Night Inn, L.P. by a Quit-Claim Deed. This action is reflected in the Land Exchange agreement (Exhibit 5) of the subsequent piece of legislation, Ordinance 2015-20. The purpose of the Quit-Claim Deed, as noted in the agreement, is to remove and eliminate any and all prior agreements, restrictions, conditions, covenants or rights vested in the City or the general public over the Inn at River s Edge real estate. Ordinance 2015-20 will authorize the terms of the Land Exchange Agreement which, in summary, will allow for the exchange of parcels between the City of Huron and the Inn on the River s Edge, L.P., specifically Parcel 1 and Parcel 2. The Inn on the River s Edge, L.P. will convey Parcel 1 to the city and the City will convey Parcel 2 to the Inn on the River s Edge, L.P. This exchange of property is necessary to allow for the reconnection/construction of Main Street. The next steps associated with the Main Street Reconnection project will be the award of the bid/contract for the construction and an authorization for engineering inspection services. Financial Review Per the terms of the agreement, the city will bear the closing costs associated with this real estate transaction. The city has requested an estimate of such costs from the title company and are awaiting response at this time. Depending upon the actual bid amount versus the engineer s estimate of the project, there may be funds within the Project line item to cover the closing costs or depending on the amount, the costs can be accommodated within the existing carryover balance. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If the Council is in support of the request, a motion to adopt Ordinance No. 2015-19 and Ordinance No. 2015-20 would be in order.
ORDINANCE NO. 2015-19 AN ORDINANCE AUTHORIZING AND PRESCRIBING THE EXECUTION OF A QUIT CLAIM DEED OF CERTAIN REAL PROPERTY LOCATED ON MAIN STREET AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A AND DECLARING AN EMERGENCY WHEREAS, River s Edge, L.P. currently owns Erie County Parcel Numbers 42-01376.000, 42-01378.000, 42-01381.000, 42-01382.000, 42-01943.000, and 42-02071.001 located along Main Street, Huron, Ohio; and, WHEREAS, the City has reached an equitable agreement with River s Edge, L.P. which will allow for the construction of the Main Street Reconnection Project; and WHEREAS, as a condition precedent of the Land Exchange Agreement is the execution of a quit-claim deed of said parcels; and, WHEREAS, this Council has identified the Main Street Reconnection Project as a Capital Improvement Project pursuant to the vision and concepts contained within the city s adopted Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That, pursuant to the Constitution of the State and the Charter of the City, the manner and procedure for the execution of the quit claim deed are prescribed and established by this Ordinance. This Council hereby determines that purpose of said quit-claim deed is to remove and eliminate any and all prior agreements, restrictions, conditions, covenants, or rights vested in the City or the general public over Owner s real estate identified as Erie County Parcel Numbers 42-01376.000, 42-01378.000, 42-01381.000, 42-01382.000, 42-01943.000, and 42-02071.001. It is the intention of City and Owner that immediately following the filing of the quitclaim deed and the Closing of the Land Exchange Agreement authorized by Ordinance 2015-20, the agreements, restrictions, conditions, and warranties contained in the Land Exchange Agreement authorized by Ordinance 2015-20 shall be the only such agreements, restrictions, conditions, and warranties between City and Owner covering any of Owner s real estate described in the quit-claim deed more particularly described in Exhibit A, and SECTION 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with the law. SECTION 3. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and general welfare and for the further reason that, in order to realize the economic benefits accruing to the City from the sale of the
Property, it is necessary that this Ordinance go into effect immediately; WHEREFORE, this Ordinance shall go into effect and be in full force and effect immediately upon its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:
EXHIBIT "A"
ORDINANCE NO. 2015-20 AN ORDINANCE AUTHORIZING A LAND EXCHANGE AGREEMENT BETWEEN THE INN ON THE RIVER S EDGE, L.P. FORMERLY KNOWN AS THE SANDUSKY NIGHT INN, L.P. AND THE CITY OF HURON AND DECLARING AN EMERGENCY WHEREAS, this Council has identified the Main Street Reconnection Project as a Capital Improvement Project pursuant to the vision and concepts contained within the city s adopted Master Plan; and, WHEREAS, the Owner and the City have reached an equitable agreement in the form of a Land Exchange Agreement, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That, pursuant to the Constitution of the State and the Charter of the City, the manner and procedure for the exchange of the Property are prescribed and established by this Ordinance. This Council hereby determines that the Property is not needed for public use. This Council further determines that, following its review and full consideration of the proposal to exchange the Property, it is in the best interest of the City to convey the Property to River s Edge, L.P., under the terms generally of the Land Exchange Agreement on file with the Clerk (the Agreement ). The procedure for the exchange of the Property is found and determined to be proper and appropriate in consideration of the circumstances, including but not limited to the terms of the exchange and the equitable nature of the exchange properties. SECTION 2. The Agreement is approved with changes therein not inconsistent with this Ordinance and not substantially adverse to the City that shall be approved by the City Manager; provided that the approval of those changes by the City Manager, and their character is not being substantially adverse to the City, shall be conclusively evidenced by the signing of the Agreement. The City Manager is further authorized and directed to sign any deeds, certificates, financing statements, assignments, or other documents and instruments and to take such actions as are, in the opinion of legal counsel to the City, necessary or appropriate to consummate the transactions contemplated by this Ordinance and the Agreement. The City Manager is further authorized to take any actions on behalf of the City that are required or permitted to be taken by the City under or pursuant to this Ordinance, the Agreement or any related deed during the period those documents are in effect. SECTION 3. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with the law. SECTION 4. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and general welfare and for the further reason that, in order to realize the economic benefits accruing to the City from the sale of the
Property, it is necessary that this Ordinance go into effect immediately; WHEREFORE, this Ordinance shall go into effect and be in full force and effect immediately upon its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:
EXHIBIT "A"
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2015-58 DATE: July 20, 2015 Subject Matter/Background This resolution authorizes Change Order No. 1 from Kelstin, Inc. in an amount not to exceed $1,848.88 related to the Water Filtration Backwash Pump Improvement Project. As explained by the Water Superintendent within a legislative request to administration: As you will recall in December 2014 we awarded Kelstin Incorporated the bid for the Huron Backwash Pump Improvement Project (Resolution 2014-99). The project is 90% complete with all mains, motors, and pumps in place. Upon beginning the electrical work Kelstin Incorporated was advised the variable frequency drive originally requested in the bid specifications is no longer in production and has been replaced with an upgraded model. The new model will invoice at $1,848.88 above the original bid amount. Therefore this change order reflects a total contract increase of $1,848.88 to be drawn out of the filtration plant operations budget. The new variable frequency drive has been reviewed by our plant electrician and will mesh with our current SCADA system. Financial Review As noted the additional expense of $1,848.88 can be accommodated within the filtration plant operations budget, therefore no adjustment to the budget will be required. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If the Council is in support of the request, a motion to adopt Resolution No. 2015-58 is in order.
RESOLUTION NO. 2015-58 A RESOLUTION AMENDING RESOLUTION 2014-99, ADOPTED DECEMBER 23, 2014, ACCEPTING CHANGE ORDER NO. 1 FROM KELSTIN, INC., FOR MATERIALS RELATED TO THE WATER TREATMENT PLANT BACKWASH PUMP IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED ONE THOUSAND EIGHT HUNDRED FORTY EIGHT AND 88/100 DOLLARS ($1,848.88) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That the City Manager shall be, and he hereby is, authorized and directed to accept Change Order No. 1 from Kelstin Inc., for materials related to the Water Treatment Plant Backwash Pump Improvement Project, in an amount not to exceed One Thousand Eight Hundred Forty Eight and 88/100 Dollars ($1,848.88); which Change Order No. 1 shall be in substantially the form of Exhibit A attached hereto and made a part hereof. SECTION 2. That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. 121.22. SECTION 3. That this Resolution shall be in full force and effect from and immediately after its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:
EXHIBIT "A"
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2015-59 DATE: July 20, 2015 Subject Matter/Background Resolution 2015-59 authorizes the acceptance of a proposal and agreement with Burgess & Niple, for design, construction administration and inspection services related to the Rye Beach Elevated Water Storage Tank Improvement Project. Council was advised of this anticipated legislation during the last Council meeting when the bid award and agreement with Ohio Public Works commission (OPWC) was approved by the adoption of Resolution 2015-56. As you may recall, Burgess and Niple provided a proposal for their engineering services when the city was preparing the grant application to OPWC as engineering fees were included expenses within the estimated total project cost. At that time, the engineering fee estimate was $43,000 and this amount was included in the estimated project cost of $350,235. Upon request of the city engineer; Burgess and Niple have submitted a current proposal for their services (Exhibit A) at a cost not to exceed $ 33,600. If adopted this evening Burgess & Niple will coordinate with City Engineers, the Water Superintendent and Lake Erie Shores & Islands to finalize plans and specifications for the bid. Following the bid opening a recommendation will be prepared for the bid award and presented to Council for consideration. Financial Review Fees for engineering design and construction administration had been included in the total project cost of $350,235 on the 2015 Capital Improvement Project (CIP) listing and in the adopted 2015 Municipal Budget. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If the Council is in support of the request, a motion to adopt Resolution No. 2015-59 is in order.
RESOLUTION NO. 2015-59 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL AND ENTER INTO AN AGREEMENT WITH BURGESS AND NIPLE FOR THE PROVISION OF DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES RELATING TO THE RYE BEACH ELEVATED WATER STORAGE TANK IMPROVEMENT PROJECT AT A COST NOT TO EXCEED THIRTY THREE THOUSAND SIX HUNDRED AND 00/100 DOLLARS ($33,600.00) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That the City Manager is authorized and directed to accept the proposal and enter into an agreement with Burgess & Niple for the provision of Design, and Construction Administration Services relating to the Rye Beach Elevated Water Storage Tank Improvement Project at a cost not to exceed Thirty Three Thousand Six Hundred and 00/100 Dollars ($33,600.00) which agreement shall be substantially in the form of Exhibit A attached hereto and made a part hereof. SECTION 2. That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. 121.22. SECTION 3. That this Resolution shall be in full force and effect from and immediately after its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:
EXHIBIT "A"