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HomeMy WebLinkAbout09-15-1981 Council Meeting Minutes 165 A regular meeting of the Canton City Council was held on September 15th 1981 in council chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING, FOLLOWED BY THE INVOCATION GIVEN BY ALDERMAN VIRGIL HORR. Mayor Edwards asked for roll call at 6:30 P.M. Present: Aldermen Hammond, Selfridge, Grant, Carl . Clarke, Horr. Absent: Aldermen Kovachevich, Mazza. MINUTES OF SEPTEMBER 1ST MEETING. Motion by Alderman Grant, second by Alderman Hammond, the minutes of September lst be approved and placed on file. Voice vote, motion carried. BILLS FOR AUGUST. Motion by Alderman Clarke, second by Alderman Carl , all bills properly approved be paid. Roll call . AYES: Aldermen Horr, Clarke, Carl , Grant, Selfridge, Hammond. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. CERTIFICATE OF COMPLETION - ILLINOIS EMERGENCY SERVICES AND DISASTER AGENCY. Mayor Edwards congratulated Carma�lee Ashwood for satisfactorily (� completing a course in instruction in the advance coordinator seminar. Ur COMMITTEE REPORTS: Q Ad-Hoc Committee - Sidewalks. Council Action Motion by Alderman Carl , second by Alderman Grant, that Dr. Mathews adhere to the sidewalk plan, and the city will furnish the conduit and remove the now present sidewalk. Discussion. Alderman Hammond asked the question as to where the monies would come from for tearing up the sidewalk and furnishing the conduit? He was told it would come from Tax Increment. Roll call . AYES: Selfridge, Grant, Carl , Clarke, Mayor Edwards. NAYS: Aldermen Hammond, Horr. Motion carried. 5 ayes 2 nays 2 absent. Finance. Council Action Motion by Alderman Carl , second by Alderman Hammond the City Treasurer be instructed to pay the EPA the amount of $1 ,769.00. Discussion. Ald- erman Hammond stated that the committee wanted it paid from the Water & Sewer Fund. Roll call . AYES: Aldermen Horr, Clarke, Carl , Grant, Sel- fridge, Hammond. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Motion by Alderman Hammond, second by Alderman Horr, the truck for the water department be referred back to the Finance Committee. Voice vote, motion carried. Negotiations, Grievance and Personnel . Council Action Motion by Alderman Carl , second by Alderman Clarke, the fire department sub-station be closed on a trial basis for one or two days. Lengthy discussion. Fireman John Stanko gave reasons why the sub-station should be open at all times, and how it helps the city when the trains block the crossings. Motion and second are withdrawn. A meeting of the committee, the mayor and Chief Grier will be scheduled to discuss this further. Community & Industrial Development. Council Action Motion by Alderman Clarke, second by Alderman Hammond the low bid of Dan Holthaus in the amount of $185,314.77 be accepted. Discussion. The bidders were George Hoffman - $189,846.95; Roeker Brothers - $203,802.10; G. J. Joyce - $219,654.51 ; Dan Holthaus - $185,314.77; and R. R. Calanan - $208,539.00. The work that is to be done through the HUD block grant is 166 Continued September 15th, 1981 construction for street paving, sidewalk, combination curb and gutter and related work for 8th Avenue from Walnut Street to Oak Street; 9th Avenue from Grant Place to Oak Street and the 7th Avenue Maple Street intersection. Bob Reed was asked if Bob Anderson had checked out the bids, and if Bob Reed was comfortable with the bid. He responded yes to both questions. Roll call . AYES: Hammond, Selfridge, Grant, Carl , Clarke, Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Legal & Ordinance. Council Action None. Mayor Edwards complimented Mr. & Mrs. Robert Wheeler for their cooperation in solving a serious problem in their area. They let the city go onto their property without an easement, and correct a sewer problem. Motion by Alderman Hammond, second by Alderman Horr the appointment of Mike Rudd to the Betterment Commission be confirmed. Voice vote, motion carried. LETTER FROM HICKEY, ETC. V. CITY OF CANTON. The City Attorney Jim Malmgren reported that this results from the civil rights action that was initiated against the City of Canton and E. Peoria in 1980. Attorney Henderson from Peoria has been handling the matter for the City of Canton. On October 17th, 1980, and out of court settlement was reached where by the City of Canton and other communities each contributed to the payment of nominal damages to the plaintiffs attorney's fees. In January 1981 an order to that effect was entered and monies were paid, and the City of Canton through its attorney receive a release. The plaintiffs are now looking for interest on their attorney fees between October 1980 and January 1981 . This was the subject of Mr. Henderson's call in July of this year. The City of Canton's portion of the interest came to about $50.00. A tentative settlement has been reached and the City would be required to pay approxi- mately $550.00 additional to the plaintiffs, to obtain a full settlement. Motion by Alderman Hammond, second by Alderman Horr the payment of 2 of $1 ,068.50 be paid to Hickey, etc. Discussion. Roll call . AYES: Aldermen Horr, Clarke, Carl , Grant, Selfridge, Hammond. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. LETTER - SPECIAL SERVICE AREAS. In May of 1980 twenty six special service areas in the City of Canton were created. In June of 1980 ordinances were passed levying ad valorem taxes in each of these twenty six areas. In October 1980 resolutions were passed approving purpose and sale of bonds in twenty one of those areas. All of the ordinances and resolutions having to do with the creation of the areas and the levy of the ad valorem taxes and the resolutions approving the sale of the bonds should have been recorded with the County Clerk no later than December 31 , 1980. The records both in the city building and the County Clerk's office, showed that this apparently was not done. The first pay out on these .twepty ,twb bdnds ,is December lst 1981 , the amount is just short of $14,000.00. Because these documents were apparently not filed in a timely manner the city is now without funds and without special accounts to pay the first pay-off. In short, were facing a default situation on the city' s part. With apparently no little way to avoid a default. Jim and the County Attorney Tom Homer are both under the opinion that under no way the County Clerk under this fact situation can go back and collect the 1980 taxes that should of be collected. 167 Continued September 15th, 1981 These types of bonds are payable only from the special accounts, Jim Malmgren felt that the council does not have the authority to transfer monies from the general fund or any other account to pay off these bonds. The most we can do, is to hold a public hearing an to extend the period of the bonds one additional year which hopefully will have the effect of seeing to it that the bond holders will receive all of the principal and interest which they contracted. Of course both the city and the bond holders under this scenario would be expected to lose some additional earnings by way of interest. There is a question as to whether or not the bond issues are valid or in-valid due to the current failure to file these documents. That question has been directed to the Department of Commerce and Community Affairs. Discussion. Jim Malmgren stated that for the record, the recommendation to the council is, that we do every- thing legally in our power to make amends in what was apparently and over sight. Jim's recommendation is to extend the bonds by one year. OLD BUSINESS: ORDINANCE - REZONING CERTAIN PROPERTY OF THE NATIONAL BANK OF CANTON FOR A PLANNED UNIT DEVELOPMENT. Second reading, read by title. Motion by Q Alderman Clarke, second by Alderman Grant, to suspend the rules. Roll call . Q AYES: Aldermen Hammond, Selfridge, Grant, Carl , Clarke, Horr. NAYS: None. 6 ayes 0 nays 2 absent. Discussion. Alderman Clarke asked if the City Attorney Jim Malmgren was satisfied with the seven inquires that 'Planni,ng &_Zgni.ng completed on this ordinance? iHe answered-that he was. Motion by Alderman Clarke, second by Alderman Hammond, the ordinance be placed on its passage. Roll call . AYES: Aldermen Horr, Clarke, Grant, Selfridge, Hammond. NAYS: Alderman Carl . Motion carried. 5 ayes 1 nay 2 absent. Ordinance being # 896. Alderman Horr asked Mr. Padowan to speak to the council concerning a drainage problem on Linn Street. This was referred to Public Works & Sewer Committee. Mr. Padowan is to be notified as to when the meeting will take place. NEW BUSINESS: RESOLUTION - ABATING THE IMPOSITION OF CERTAIN TAXES #796. First reading, read by title. This was on E. Locust Street for improvements, but no bonds were sold. Jim reported that you can collect taxes to reimburse the Public Benefit Fund. However, you can't do it the way the ordinances are set up. If you want to do that, you will have to amend them. All of the resolutions can be handled as a group stated Jim Malmgren. Motion by Alderman Carl , second by Alderman Selfridge, this resolution be referred to the Legal & Ordinance Committee. Voice vote, motion carried. RESOLUTION - ABATING THE IMPOSITION OF CERTAIN TAXES #797. First reading, read by title. This is N. 8th Street improvements. Motion by Alderman Carl , second by Alderman Selfridge, this resolution be referred to the Legal & Ordinance Committee. Voice vote, motion carried. RESOLUTION - ABATING THE IMPOSITION OF CERTAIN TAXES # 819. First reading, read by title. This is East Ash improvements for sidewalks, the sidewalks were never put in. Motion by Alderman Carl , second by Alderman Hammond, the resolution be adopted. Roll call . AYES: Aldermen Hammond, Selfridge, Grant, Carl , Clarke, Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Resolution being #906. RESOLUTION - ABATING THE IMPOSITION OF CERTAIN TAXES #820. First reading, read by title. This is E. Ash Street sidewalks also. Motion by Alderman Carl , second by Alderman Hammond, the resolution be adopted. Roll call . 168 Continued September 15th, 1981 AYES: Aldermen Hammond, Selfridge, Grant, Carl , Clarke, Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Resolution being #907. RESOLUTION - COST-OF-LIVING FOR CERTAIN MUNICIPAL EMPLOYEES. First reading, read by title. Motion by Alderman Clarke, second by Alderman Horr the resolution be adopted. Discussion. Roll call . AYES: Alder- men Horr, Clarke, Carl , Grant, Selfridge, Hammond. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Resolution being #908. BIDS - TWO USED AUTOMOBILES FOR THE POLICE DEPT. No bids received. Motion by Alderman Clarke, second by Alderman Grant the Chief of Police Bob Molleck be authorize to go shopping for two used vehicles, and bring back to council . Voice vote, motion carried. BIDS - HIGH PRESSURE TRAILER MOUNTED WATER JET. Motion by Alderman Clarke, second by Alderman Carl , the city clerk be allowed to open the bids. Voice vote, motion carried. Bidders are: Sewer Equipment of America - $15,800.00; F. E. Myers Co. - $17,995.00. Motion by Alderman Selfridge, second by Alderman Horr the bids be sent to the Public Safety and Traffic Committee. Voice vote, motion carried. RESOLUTION - APPROVING AN AGREEMENT BETWEEN THE CITY AND LOCAL NO. 1372. First reading, read by title. Motion by Alderman Carl , second by Alder- man Horr, the resolution be adopted. Discussion. Alderman Carl reported that the union had ratified the contract on some provisions and would like to see it passed tonight. Alderman Hammond asked what had changed in this contract since council had last seen it? The City Attorney Jim Malmgren commented, several things that Mr. Benedict is asking to be changed with respect to the grievance procedure. Retirement Insurance, Section 13. There are two different categories pending upon time of service, one being 25 years and one being 20 years. This is language similar to if not prevailing some with the language in the Police and Fire contracts and this was put in because in negotiations they wanted some type of language as Police and Fire, and here it is. When it was finished and sent out, the intention was, we want the same benefits, but not the same restrictions. The third matter is the computation of the lump sum figures that is going to be paid to them. The City Attorney used the figures supplied to him by the City Treasurer, as they were all he had to work with. The unions figures were some what higher. If the council agrees that provision would be changed in the agreement to reflect the higher figure. Roll call . AYES: Aldermen Hammond, Selfridge, Grant, Carl , Clarke, Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Resolution being #909. Agreement being #415. Alderman Carl brought up the trash and litter around Fulton Square. Lengthy discussion. ADJOURNMENT: Motion by Alderman Hammond, second by Alderman Clarke to adjourn. Voice vote, motion carried. Council adjourned at 8:21 P.M. tie CITY CLERK APPROVED. MAYOR