HomeMy WebLinkAbout09-16-08 Canton City Council Meeting Minutes
The Canton City Council meeting was held on September 16, 2008 in Council
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Chambers, at the Historic Depot, 50 North 4 Avenue, Canton, Illinois.
Mayor Kevin R. Meade called the meeting to order at 6:30 p.m.
The meeting began with the Pledge of Allegiance, followed with prayer given by
City Clerk Nancy Whites.
Present - Mayor Kevin R. Meade, City Clerk Nancy Whites, Interim City Treasurer
Julie Smick, Police Chief W. Dan Taylor, Fire Chief Bonnie Cremer, Public Works
Director Clif O’Brien, Wastewater Supt. Joe Carruthers, Water Supt. Greg Pollitt,
Video Services by Joe Ginger.
In the audience – Wendy Martin of The Democrat, Brett Brown of The Democrat,
Brenda Rothert, Jim Stratton from the Graham Hospital, Chris Walters attorney
for the Graham Hospital, News Media of John Froehling from Daily Ledger, Mark
Bixler from WBYS, Elliott Equipment representative, Bob Schade, several
residents of Westgate Subdivision.
Mayor Kevin R. Meade called for roll call at 6:30 p.m. Present - Aldermen Eric
Schenck, Joe Berardi, Larry Sarff, David Nidiffer, Pam Ihnes, Jason Strandberg,
Sonya Lewis. Absent – Alderman Craig West
CONSENT AGENDA
Treasurer’s Report
Minutes of September 2, 2008 Council Meeting
Minutes of September 9, 2008 Clerical Committee Meeting
Alderman Sarff made the motion to approve the Consent Agenda and The
Treasurer’s Report as amended. Was duly seconded by Alderman Nidiffer. The
motion carried by voice vote, and was unanimous. (The amendment was from
September 9, Clerical Committee meeting, Alderman Ihnes was not shown as
being absent from that meeting. The motion carried by voice vote, and was
unanimous.
BILLS.
Alderman Strandberg made the motion the bills be approved that was presented.
Was duly seconded by Alderman Sarff. Roll call. AYES – Aldermen Lewis,
Strandberg, Ihnes, Nidiffer, Sarff, Schenck. NAYS – Alderman Berardi. 6 AYES, 1
NAY, 1 ABSENT. Motion carried.
COMMITTEE REPORTS:
Finance.
Council Action
Bids received for two garbage trucks.
Alderman Strandberg made the motion to accept the low bid from Elliott
Equipment – Davenport, Iowa for two New 2009 International 7400 Chassis with
new Way 25 yard King Cobra Series Bodies of Bid #2 (Elliott Equipment)
$264,960.00 and Less Trade-In $57,500.00; plus upgrades $4,800.00 with Low Bid
being $212,260.00. Was duly seconded by Alderman Schenck. Discussion. Public
Works Director Clif O’Brien recommended the bid from Elliot Equipment as it
meets all the major points. Alderman Strandberg pointed out that this is to be
paid from the Depreciation Account. Roll call. AYES – Aldermen Schenck, Berardi,
Sarff, Nidiffer, Ihnes, Strandberg, Lewis. NAYS – None. 7 AYES, 0 NAYS, 1
ABSENT. Motion carried.
Legal & Ordinance
Westgate Subdivision/Water Rates/Pre-Annexation.
Alderman Nidiffer made the motion to instruct the city attorney to draft an
ordinance allowing some of the residents to be exempt from having to sign a pre-
annexation agreements. Was duly seconded by Alderman Strandberg.
Discussion. Alderman Nidiffer commented that we do not force citizens to sign
pre-annexation agreements. But in the future the residents when selling their
home in Westgate Subdivision will be required to sign a pre-annexation
agreement. Alderman Strandberg ask the City Attorney Chrissie Peterson if there
is an ordinance stating you have to sign pre-annexation agreements, as he read
the printed story in the Daily Ledger? City Attorney Chrissie Peterson mentioned
that the pre-annexation agreements have been going on for a number of years,
but not by ordinance. Alderman Berardi mentioned that was interesting
comments in the Daily Ledger. The news that was reported is ridiculous. John
Froehling wrote the news, and it is babble, and he is not telling the truth. The
Ledger fabricates stories for the last three years. Mayor Meade should not go
along with former Mayor Heinze. And Kevin Meade should not listen to the prior
mayor. Let the citizens make the decisions. And you only allow the audience a
few minutes to address the council. Alderman Strandberg said my reasoning
wasn’t if the reporting in the Ledger was right or wrong, and citizens can address
this council. The motion carried by voice vote, and was unanimous.
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604 North 11 Avenue.
City Attorney Chrissie Peterson said her understanding is Mr. Christy cannot meet
the time frame the architect described of 8 things needing to be down by
December. Mr. Christy will hire a local contractor to have the home demolished.
Personnel Policy – Health Insurance/Retirees Insurance.
Alderman Nidiffer mentioned that the negotiating attorney Bruce Beal is working
on updating the Personnel Policy.
Alderman Nidiffer made the motion to refer to Legal & Ordinance Committee.
Was duly seconded by Alderman Strandberg. The motion carried by voice vote,
and was unanimous.
Community & Industrial Development.
Council Action
None.
Negotiations, Grievance & Personnel.
Council Action
None.
COMMUNICATIONS FROM MAYOR KEVIN R. MEADE.
America Legion request for Supplemental/Temporary outdoor license.
Alderman Sarff made the motion to allow the year round outdoor beer garden
license for the American Legion. Was duly seconded by Alderman Lewis. The
motion carried by voice vote, and was unanimous.
Appointment to Planning & Zoning Commission.
Mayor Kevin R. Meade said he did not have an appointment to make tonight.
Need three Aldermen on the committee and I am looking for volunteers.
Proclamation Bob Schade.
Whereas, Canton Union School District #66 sports teams travel to countless away
games in neighboring communities each year; and
Whereas, these teams have been safely transported to every destination over the
last four years by CUSD #66 bus driver Bob Schade; and
Whereas, on August 23, 2008, while traveling to an Ingersoll girls’ softball game in
Metamora, Mr. Schade’s bus encountered mechanical problems resulting in an
engine fire; and
Whereas, Mr. Schade methodically pulled the bus to the side of the road and
efficiently evacuated the team and coaches mere minutes before the entire bus
became engulfed in flames; and
Whereas, thankfully, the only loss was that of material goods and not a loss of
life; and
Whereas, Mr. Schade bravely and responsibly protected the lives of twenty-four
people and kept everyone a safe distance away until help arrived; and
Whereas, the entire city of Canton wishes to thank Bob Schade for taking care of
this team, for nearly all of us have some connection or relation to someone
involved in this incident.
NOW, THEREFORE, I Kevin R. Meade, Mayor of the City of Canton, Illinois, do
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hereby affix my signature to proclaim September 16, 2008, as “Bob Schade Day”
and encourage the community to recognize and appreciate his important actions.
Kevin R. Meade, Mayor
Bob Schade said “Thank You.”
Appointment to Fire Code Board of Appeals.
Alderman Sarff made the motion that the appointment of Bob Anderson to the
Fire Code Board of Appeals be confirmed. Was duly seconded by Alderman
Strandberg. The motion carried by voice vote, and was unanimous.
Appointment of Water Department of Billing Clerk.
Alderman Strandberg made the motion that the appointment of Jolena Trone to
the Water Department Billing Clerk be confirmed. Was duly seconded by
Alderman Sarff. The motion carried by voice vote, and was unanimous.
Attorney General Communication.
Mayor Kevin R. Meade reported that this is from violating the Open Meetings Act,
that mentions we took final action to rehire IH attorney Michael Ohm at $8,000 a
month in executive session. Kevin further stated we have not taken any action,
and we have not violated the Open Meetings Act.
Alderman Strandberg asked where this came from, was it someone at this
meeting? Mayor Meade answered, no!
Alderman Berardi said it is the right of every citizen to have the opportunity to do
this.
Alderman Strandberg stated this is the third or fourth time we have had this, and I
want to know how many more are coming? I am being accused of taken part in
an illegal meeting, and I take offense at that.
Alderman Berardi said if you feel accused, you need to get off this council, this is
the way to do it. Just like we’re not getting our new water source from the Illinois
river. Only difference is the solids are filtered out. People have the right to know,
and this is a public health issue. And I am the chairman of it.
Alderman Strandberg commented, we are not sucking the water directly out of
the river.
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Mayor Kevin R. Meade mentioned that on Saturday September 20 Aldermen will
meet at the Elks Club parking lot to ride in the Friendship Festival Parade.
Mayor Kevin R. Meade stated that on behalf of Nancy Whites, City Clerk, petitions
are available in her office for Mayor, Clerk, Treasurer, Alderman Ward 1,
Alderman Ward 2, Alderman Ward 3 for a two-year term and a 4 year term, and
Alderman Ward 4. All terms are four years except the one term in Ward three.
OLD BUSINESS:
ORDINANCE – AUTHORIZING THE SALE OF MUNICPALLY OWNED REAL
PROPERTY LOCATED AT LOT #13 INDUSTRIAL PARK, CANTON, ILLINOIS,
PURSUANT TO THE TERMS OF A DEVELOPMENT AGREEMENT. Second reading,
read by title. Alderman Strandberg made the motion the ordinance be placed on
its passage as amended. Was duly seconded by Alderman Sarff. Discussion.
Mayor Meade mentioned this is Tony Fahrenbruch number of $30,000. Alderman
Sarff asked about the $30,000, and thought the city got less than? Mayor Meade
said he adjusted for the minimum of $30,000 and the original intent was the word
“or” not all three being required.
Alderman Strandberg made the motion to amend the agreement on page 4 to
add on C. saying – or developer will invest at a minimum of $30,000 to cause the
site to be mowed, leveled, razed and have adequate drainage; thereby bringing
the site into compliance with all local, county and state laws governing properties.
Was duly seconded by Alderman Sarff. Discussion.
Mayor Kevin Meade said the Lot has 2½ acres, and the city will vacate a street
commonly and legally known as Mercantile Court and dedicate approximately
one-half of the land adjacent to Trac property to Trac. If Trac does not live up to
the requirements Trac will pay the City the current sale price of the property of
approximately $5,000 per acre.
Alderman Strandberg thanked Tony for investing in the city before and now. Roll
call. AYES – Aldermen Lewis, Strandberg, Ihnes, Nidiffer, Sarff, Berardi, Schenck.
NAYS – None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Ordinance being
#1943.
ORDINANCE – GRANTING A SPECIAL USE PERMIT FOR THE BASEMENT INTO
LIVING QUARTERS, LOCATED AT 1055 WEST LOCUST STREET TO RICHARD BERRY.
(FORMERLY MID CENTURY TELPHONE BUILDING.) Second reading, read by title.
Alderman Sarff made the motion the ordinance be placed on its passage. Was
duly seconded by Alderman Nidiffer. Discussion. Alderman Berardi asked if this
Special Use Permit is permanent? Mayor Meade answered, it goes with the
person only. Roll call. AYES – Aldermen Schenck, Berardi, Sarff, Nidiffer, Ihnes,
Strandberg, Lewis. NAYS – None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried.
Ordinance being #1944.
NEW BUSINESS:
ORDINANCE – RE-ZONING CERTAIN PROPERTY OF JERRY C. HAND AND DORIS E.
HAND, IN A B-ZONING CONFIGURATION ON E. LINN STREET. First reading, read
by title.
ORDINANCE – RE-ZONING PROPERTY FOR GRAHAM HOSPITAL. First reading,
read by title. Attorney Chris Walters asked for the ordinance to be passed on
first reading, and then showed the plans that will be made to the hospital. Also
mentioned that there were no objections and no protest were heard at the
Planning & Zoning meeting.
Alderman Sarff made the motion for suspension of the rules to pass the ordinance
on first reading. Was duly seconded by Alderman Berardi. Discussion. Alderman
Strandberg said he likes what the hospital is doing, but the ordinance was not
given to us until 6:10 pm. tonight. We need to be very careful in voting on
suspensions of the rules. Roll call. AYES – Aldermen Lewis, Strandberg, Ihnes,
Nidiffer, Sarff, Schenck. NAYS – None. 7 AYES, 0 NAYS, 1 ABSENT. Motion
carried.
Alderman Sarff made the motion the ordinance be placed on its passage. Was
duly seconded by Alderman Berardi. Roll call. AYES – Aldermen Schenck,
Berardi, Sarff, Nidiffer, Ihnes, Stranderg, Lewis. NAYS – None. 7 AYES, 0 NAYS, 1
ABSENT. Motion carried Ordinance being #1945.
Jim Stratton from the hospital said they might use the Coleman Clinic building for
business services after some minor renovations. The new clinic will be a four
story building.
Mayor Meade commented that not to many communities have the quality health
care as we have here. Commend the Graham Hospital and Clinic. I travel a great
deal, and there is not the quality or size, as what we have here. Jim Stratton said
we have a very supportive community.
RESOLUTION – PRE-ANNEXATION AGREEMENT WITH RAY SWISE. First reading,
read by title. Alderman Sarff made the motion to adopt the resolution. Was duly
seconded by Alderman Nidiffer. The motion carried by voice vote, and was
unanimous. Resolution being #3868.
RESOLUTION – APPPROVING AN ENGAGEMENT LETTER FROM BRYAN CAVE, LLP.
First reading, read by title. Mayor Meade said the council will go into executive
session to discuss the resolution before voting.
Now in open session.
Alderman Sarfff made the motion to adopt the resolution. Was duly seconded by
Alderman Nidiffer. Discussion. Alderman Sarff said he did not want the
agreement on a long term. After that a local attorney some 50 to 100 miles away
for support on short term. City Attorney Chrissie Peterson thought the Facsimile:
charges of $1.00 seems extreme to her. Also to eliminate Computerized Support
Services including Word-Processing at the rate of $.50 per minute for composing
and editing. Alderman Schenck thought the price is very high. I’m in favor of
interim or long term strategy. Mayor Meade said that Michael Ohm suggested
$5,000 verbally to us. Alderman Schenck said a provision for any amount needs
to be preapproved by the Finance Chairman. Alderman Sarff said, you hire
someone to do something for you, and you trust their judgment. I would think he
would come back to us and ask for more money, and I can’t imagine a
professional would do that! Mayor Meade said we are requiring all of our
contract firms to give us a more detailed report so you are all better informed.
Alderman Berardi said he could not vote for the resolution. This will cost the city
$100,000 before we are through. Roll call as amended. AYES – Aldermen Lewis,
Strandberg, Ihnes, Nidiffer, Sarff, Schenck. NAYS – Alderman Berardi. 6 AYES, 1
NAY, 1 ABSENT. motion carried.
Roll call to adopt the Resolution. AYES – Aldermen Schenck, Sarff, Nidiffer, Ihnes,
Strandberg, Lewis. NAYS – Alderman Berardi. 6 AYES, 1 NAY, 1 ABSENT. Motion
carried. Resolution being #3869.
EXECUTIVE SESSION – NEGOTIATIONS, GRIEVANCE & PERSONNEL COMMITTEE
TO DISCUSS – PERSONNEL; PENDING, THREATENED LITIGATION; FIRE
NEGOTIATIONS. Alderman Nidiffer made the motion to go into executive
session for discussion of Personnel, Fire Negotiations, and Litigation. Was duly
seconded by Alderman Sarff. Discussion. Alderman Sarff mentioned that he has
nothing for Fire Negotiations. Alderman Berardi said he takes objection going
into executive session for hiring an attorney. The motion carried by voice vote,
and was unanimous.
The regular scheduled council meeting convened into executive session at 7:20
p.m.
The minutes of the executive session for Pending, Threatened Litigation;
Personnel; Fire Negotiations are on file with the City Clerk’s office for your review.
The regular scheduled council meeting reconvened in open session at 8:11 p.m.
ADJOURN
Alderman Sarff made the motion to adjourn. Was duly seconded by Alderman.
Lewis. The motion carried by voice vote, and was unanimous. The council
meeting adjourned at 8:28 p.m.
___________________________________,
Nancy Whites, City Clerk
APPROVED:
____________________________,
Kevin R. Meade, Mayor