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Home My WebLink About12-01-1981 Council Meeting Minutes 192 A regular meeting of the Canton City Council was held on December 1st 1981 in Council Chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY MAYOR DONALD EDWARDS. Mayor Edwards asked for roll call at 6:30 P.M. Present. Aldermen Kovache- vich, Hammond, Sarff, Carl , Horr. Absent: Aldermen Selfridge, Grant, Clarke. 5 present 3 absent. MINUTES OF NOVEMBER 17TH, MEETING. Motion by Alderman Hammond, second by Aldermna Kovachevich, the minutes of November 17th be approved and placed on file. Voice vote, motion carried. Alderman Selfridge arrived at council chambers at 6:32P.M. COMMITTEE REPORTS: Public Safety & Traffic. Council Action The committee will make their recommendations on the prohibiting ordinances later on in the agenda. Informational : The District 4 meeting for ESDA will meet December 6th at 12 noon at the V.F.W. This will be the last meeting for District 4 before its divided up into other areas. The committee will be meeting with the ad-hoc committee on handicapped stickers. Street & Garbage. Council Action Motion by Alderman Selfridge, second by Alderman Sarff, the tree trimming bid from C. Biswell was excessive and recommends the bid be rejected. Discussion. Alderman Selfridge stated that were in good shape right now and he' s afraid were getting into a tree removal service. Alderman Carl asked if we couldn't be a little more professional and use a alternate route, as we have spent alot of time and alot of money advertising. He also suggested that we use the word re-organize instead of saying excessive, and to send the bid back to the committee. Motion and second withdrawn. Mayor Edwards suggested rejecting the bid and re-writing the specifications. Motion by Alderman Selfridge, second by Alderman Sarff, to reject the bid of C. Biswell for tree trimming. Voice vote, motion carried. Lake, Buildings & Grounds. Council Action Motion by Alderman Horr, second by Alderman Carl , the resolution for a street light on E. Walnut and 2nd Avenue should be for the removal of the present light and not an additional light. Voice vote, motion carried. The resolution was removed from the agenda. Public Works, Water & Sewer. Council Action Motion by Alderman Kovachevich, second by Alderman Sarff, to purchase one water hydrant. Roll call . AYES: Aldermen Horr, Carl , Sarff, Selfridge, Hammond, Kovachevich. NAYS: None. Motion carried. REPORT FROM THE DIRECTOR OF PUBLIC WORKS - CLIFFORD SAGASER. Mr. Sagaser felt that the City should not volunteer to pay the expenses incurred by Holthaus Construction for the search for the sewer line on Avenue A. The rate study for the water rates is not yet completed, hopes to do so within two weeks. 193 Continued December 1st, 1981 MAYOR' S REPORT. Troop #124 representatives Mike and Tim Brown were in the audience to help earn their citizenship and community merit badge, David Pieres also from Troop #124 was their as part of his duties from within the troop. Mayor Edwards reported that the Planning and Zoning Commission has asked that other committees be formed to help on the updating of the Comprehensive Plan. These are representatives of businesses in the community. Motion by Alderman Carl , second by Alderman Horr, the appointments of Leo Jenkins-IHC; James Donnelly-Chamber of Commerce; George Hall-MSD; Freeman Coal Co-Dale Walker; Charlie E.Wright-Canton Park District; Opal Richter- Fulton County Housing Authority; Kenneth Etcheson-Graham Hospital Board; Charles D. Seeber and Robert J. Leuders Jr.-Cat; Herb Kamlager-Citizen's Advisory to the Planning and Advisory Committee be confirmed. Voice vote, motion carried. This committee is to provide forecasts and plans for the future development of Canton. Robert J. Leuders will be an alternate. Mayor Edwards attended the meeting at Spoon River College considering the subject of a prison. He personally endorsed the prison being located in (� Canton. Q Clifford Sagaser City Engineer was asked to give information as to water Q and sewer being available at possible sites for the prison, and he reported all those suggested in the past would be appropriate to handle the water that would be needed. Mayor Edwards asked that council accept a resolution for the acceptance of a medium security prison, after council has had time to discuss the idea. The City Clerk was asked to read the resolution in its entirety. Motion by Alderman Carl , second by Alderman Sarff, the resolution be placed on the Agenda. Voice vote, motion carried. RESOLTUION - APPROVING AND WELCOMING THE PLACEMENT OF A MEDIUM SECURITY PRISON IN OR NEAR THE CITY OF CANTON, FULTON, COUNTY, ILLINOIS. First reading, read in its entirety. Motion by Alderman Kovachevich, second by Alderman Hammond, the resolution be adopted. Discussion. Mayor Edwards commented that this is just supporting the concept, because public hearings would have to be held before it would become a reality. Roll call . AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl , Horr, Mayor Edwards. NAYS: None. Motion carried. 7 ayes 0 nays 2 absent. Resolution being #918. OLD BUSINESS: ORDINANCE - ANNEXATION OF PROPERTY OF FRANK AND HELEN KOVACH. Second read- ing, read by title. Motion by Alderman Kovachevich, second by Alderman Hammond the ordinance be placed on its passage. Roll call . AYES: Alder- men Horr, Carl , Sarff, Selfridge, Hammond, Kovachevich. NAYS: None. Motion carried. 6 ayes 0 nays 2 absnet. Ordinance being #902. ORDINANCE - AMENDING TITLE 3, CONTAINING BUSINESS REGULATIONS. Second read- ing, read by title. Motion by Alderman Horr, second by Alderman Carl , the ordinance be placed on its passage. Roll call . AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl , Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Ordinance being #903. ORDINANCE - AMENDING TITLE 6, CHAPTER 3, CONTAINING PROVISIONS RE OBSCENITY. Second reading, read by title. The City Attorney Jim Malmgren stated that since first reading of these ordinances, several people have approached him making comments that we can require various materials removed from several business places, such as playboy and penthouse magazines. He is concerned that this is a misinterpation of council 's intention by conside- ring this ordinance. As city attorney he does not have any intention of using this ordinance or any other ordinance to constitute a prior restraint upon the press or upon publication of these materials. He is not aware of any presently existing use in this municipality which would be obscene under the provisions of this ordinance. He informed council that of all 194 Continued December 1st, 1981 6 ordinances this would be the least favorite by the courts, by reasonable fact that if its improperly applied to the individual case it could then run afoul of the first amendment. Which has to do with the constitutional protective right of freedom of speech, press and etc. If this is passed, you must do it with the firm determination that not only this council but succeeding councils, not allow and succeeding city attorneys, will not allow this application on this ordinance. This ordinance is intended to work in context with the other five ordinances. The city attorney is that the future city attorneys or some other council , they need to be strongly supportive in the city attorney intermination in what is or is not a proper case to bring charges under this ordinance. Lengthy discussion. The city attorney stated there are persons who have misunderstood our intentions. Motion by Alderman Hammond, second by Alderman Kovacevich, the ordinance be placed on its passage. Roll call . AYES: Aldermen Horr, Carl , Sarff, Self- ridge, Hammond, Kovachevich. NAYS: None. Motion carried. 6 ayes 0 nays 2 absnet. Ordinance being #904. ORDINANCE - AMENDING TITLE 6, CHAPTER 3, CONTAINING PROVISIONS RE HARMFUL MATERIAL. Second reading, read by title. Motion by Alderman Hammond, second by Alderman Selfridge, the ordinance be placed on its passage. Roll call . AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl , Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Ordinance being #905. ORDINANCE - AMENDING TITLE 3, CHAPTER 8 CONTAINING LIQUOR REGULATIONS. SEcond reading, read by title. Motion by Alderman Hammond; second by Alderman Carl , the ordinance be placed on its passage. Roll call . AYES: Aldermen Horr, Carl , Sarff, Selfridge, Hammond, Kovachevich. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Ordinance being # 906. ORDINANCE - AMENDING TITLE 3, CHAPTER 8, CONTAINING LIQUOR REGULATIONS. Second reading, read by title. Motion by Alderman Kovachevich, second by Alderman Hammond, the ordinance be placed on its passage. Roll call . AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl , Horr. NAYS : None. Motion carried. 6 ayes 0 nays 2 absent. Ordinance being #907. ORDINANCE - AMENDING TITLE 6, CHAPTER 3, CONTAINING PROVISIONS RE PUBLIC INDECENCY. Second reading, read by title. Motion by Alderman Hammond, second by Alderman Kovachevich, the ordinance be placed on its passage. Roll call . AYES: Aldermen Horr, Carl , Sarff, Selfridge, Hammond, Kova- chevich. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Ordinance being #908. ORDINANCE - PROHIBITING PARKING ON THE NORTH SIDE OF BIRCH STREET BETWEEN 4TH AVENUE AND A POINT EASTERLY. Second reading, read by title. Public Safety & Traffic Committee recommends the passge of this ordinance. Motion by Alderman Horr, second by Alderman Selfridge, the ordinance be placed on its passage. Discussion. A question was asked as to the location. Roll call . AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl, Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Ordinance being #909. ORDINANCE - PROHIBITING PARKING ON 4TH AVENUE BETWEEN BIRCH STREET AND A POINT NORTHERLY. Second reading, read by title. Public Safety & Traffic Committee does not recommend the passage of this ordinance until further study. Motion by Alderman Horr, second by Alderman Sarff, this ordinance be tabled until the first council meeting in January. Voice vote, motion carried. 195 Continued December 1st, 1981 ORDINANCE - PROHIBITING PARKING ON WALNUT STREET BETWEEN 5TH AVENUE AND 11TH AVENUE. Second reading, read by title. The Public Safety & Traffic Committee does not recommend passage of this ordinance. Motion by Alderman Horr, second by Alderman Hammond the ordinance be placed on its passage. Discussion. Further study will be done by the chief of police stated Alderman Horr. Roll call . AYES: None. NAYS: Aldermen Horr, Carl , Sarff, Selfridge, Hammond, .Kovachevich. 0 ayes 6 nays 2 absent. Motion defeated. ORDINANCE - PROHIBITING PARKING ON 5TH AVENUE BETWEEN LOCUST STREET AND ASH STREET. Second reading, read by title. The Public Safety & Traffic Committee recommend the passage of this ordinance. Motion by Alderman Horr, second by Alderman Kovachevich, the ordinance be placed on its passage. Roll call . AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl , Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. (` Ordinance being #910. ORDINANCE - PROHIBITING PARKING ON THE SOUTH SIDE OF BIRCH STREET BETWEEN 4TH AVENUE AND 5TH AVENUE. Second reading, read by title. The Public Safety & Traffic Committee recommends the passage of this ordinance. "Q Motion by Alderman Horr, second by Alderman Sarff, the ordinance be placed Q on its passage. Roll call . AYES: Aldermen Horr, Carl , Sarff, Selfridge, Hammond, Kovachevich. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Ordinance being #911 . ORDINANCE - PROHIBITING PARKING ON THE NORTH SIDE OF CUSTER PLACE BETWEEN 5TH AVENUE AND 9TH AVENUE. Second reading, read by title. The Public Safety & Traffic Committee recommends the passage of this ordinance. Discussion. There was lengthy discussion as to what side of the street the parking should be removed. Motion by Alderman Horr, second by Ald- erman Sarff, the ordinance be placed on its passage. Roll call . AYES: Kovachevich, Hammond, Selfridge, Sarff. NAYS: Mayor Edwards, Carl , Horr. Motion defeated. 4 ayes 3 nays 2 absent. Discussion. Motion by Alderman Carl , second by Alderman Horr, to refer this ordinance back to the committee. Voice vote, motion carried. ORDINANCE - PROHIBITING PARKING ON THE EAST SIDE OF 11TH AVENUE BETWEEN CHESTNUT STREET AND ASH STREET. Second reading, read by title. The Public Safety & Traffic Committee has recommended the passage of this ordinance. Motion by Alderman Horr, second by Alderman Hammond the ordi- nance be placed on its passage. Discussion. Alderman Kovachevich could see no reason why parking had to be removed at all , as he seen no problem with the street's parking. Alderman Horr stated that the police chief had reported that the street did not meet the requirements of 18 feet in width. Roll call . AYES: Aldermen Selfridge, Hammond. NAYS: Aldermen Horr, Carl , Sarff, Kovachevich. Motion defeated. 2 ayes 4 nays 2 absent. Discussion. Motion by Alderman Carl , second by Alderman Sarff, to refer this ordinance back to the committee. Voice vote, motion carried. NEW BUSINESS: RESOLUTION - A RESOLUTION AUTHORIZING PAYMENT OF COST-OF-LIVING ALLOWANCE FOR CERTAIN MUNICIPAL EMPLOYEES. First reading, read by title and amount. Motion by Alderman Hammond, second by Alderman Kovachevich, the resolution be adopted. Roll call . AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl , Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Resolution being #919. 196 Continued December 1st, 1981 RESOLUTION - ESTABLISHING COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE FIRE DEPARTMENT, LOCAL NO 1897, AND CANTON POLICE DPEARTMENT, LOCAL NO. 759. First reading, read by title and dollar amount. Motion by Alderman Kovachevich, second by Alderman Horr, the resolution be adopted. Discussion. Roll call . AYES: Aldermen Horr, Carl , Sarff, Selfridge, Hammond, Kovachevich. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Resolution being #920. RESOLUTION - ESTABLISHING COST-OF-LIVING ALLOWANCE FOR THE DEPARTMENT HEADS. First reading, read by title and dollar amount. Motion by Alderman Hammond, second by Alderman Sarff, the resolution be a adopted. Roll call . AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl , Horr. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. Resolution being #921 . Mayor Edwards commented that the city employees cleaned up the Jameson Lot this past week, and is wanting the committee to do some research and try to find some gravel for the lot. Alderman Carl asked if Tax Increment Funds could be used to buy gravel? The City Attorney Jim Malmgren stated that counsel of Chicago has indicated that he dosen't feel we can use huge sums of money for public works improvements projects, such as sidewalks. Until ; or unless those partaking of the projects are draw into the downtown plan. He does indicate that we have some general powers to use Tax Increment monies for general purpose clean-up type operations. But City Attorney Jim Malmgren reported to council that your getting into a gray area, and you could be running a risk. The City Engineer Cliff Sagaser was asked to figure the cost of gravel and how much is needed for this area. Motion by Alderman Carl , second by Alderman Kovachevich, to put gravel on the Jameson Lot and to be paid for out of Tax Increment monies. Roll call . AYES: Aldermen Horr, Carl , Sarff, Selfridge, Hammond, Kovachevich. NAYS: None. Motion carried. 6 ayes 0 nays 2 absent. ADJOURNMENT: Motion by Alderman Hammond, second by Alderman Kovachevich, to adjourn. Voice vote, motion carried. Council adjourned at 8:04 P.M. CITY J CLERK . APPROVED. �J MAYOR