HomeMy WebLinkAbout08-01-1989 Council Minutes ~59
A regular meeting of the Canton City Council was held
on August l, 1989 in council chambers.
PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY
THE INVOCATION GIVEN BY r1AY0R DONALD E. EDWARDS.
Mayor Edwards asked for roll call at 6:30 p.m. Present
- Aldermen Kovachevich, Zilly, Steck, Sarff, Nieade,
May, Chapman. Absent - Alderman Bohler.
MINUTES OF JULY 18 MEETING. Motion by Alderman Zilly,
second by Alderman May, the minutes of July 18 be
accepted and placed on file. Voice vote, motion carried.
Unanimous.
COMMITTEE REPORTS:
Public Safety & Traffic.
Council Action
D~otion by Alderman Steck, second by Alderman Sarff,
the approval of the expenditure to purchase 21 cap
shields for the police officers at a cost of $777.19.
Roll call. AYES - Aldermen Chapman, May, Meade, Sarff,
Steck, Zilly, Kovachevich. NAYS - None. 7 AYES 0
NAYS 1 ABSENT. Motion carried. Unanimous.
rlotion by Alderman Steck, second by Alderman May, the
approval to purchase a police car from S& K in the
amount of $13,567. Discussion. Mayor Edwards asked
that Bob Molleck police chief, explain why he is wanting
to purchase from S& K. Bob explained that the city
has always purchased Dodge cars in the past because
of the size of the car, and never having breakdowns.
~ We tried this year to purchase a Dodge car and they
' have quit making Dodge cars. Chevrolet is building
a new factory and won't be making Dodge cars until
this factory is built. We contacted Art & Gene's to
see what they could do, they tried all over the country,
even tried to purchase the same car from S& K for
the same price. Vae contacted Lock's Fordtown, they
tried in Kansas City and couldn't get one either. Roll
call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff,
Meade, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1
ABSENT. Motion carried. Unanimous.
Motion by Alderman Steck, second by Alderman Sarff,
approval to purchase additional pagers for the Fire
Department at a cost of $2,800. Roll call. AYES -
Aldermen Chapman, Niay, l~eade, Sarff, Steck, Zilly,
Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT.
Motion carried. Unanimous.
Streets & Garbage.
Council Action
A petition was received from Jack Smith to vacate the
alley which runs East & ~4est between 9th and lOth
Avenues, and Elm Street and Chestnut Street on the
I
North and South.
Motion by Alderman Meade, second by Alderman May, to
place the petition on file. Voice vote, motion carried.
Unanimous.
Motion by Alderman Nieade, second by Alderman Zilly,
the petition be referred to the Legal & Ordinance
Committee. Voice vote, motion carried. Unanimous.
060
CONTINUED August 1, 1989
Informational: Alderman Meade gave a report concerning
the street lights in the area of West Locust, we're
looking at the possibility of adding one street light
in the block of Avenue F and Avenue B. And to make
some changes to the process formula that will add 7
lights to that area and remove some of the other lights.
Basically we are removing those in the middle of the
block. I would like for council's input, as this will
be going back to the committee.
Lake, Building & Grounds.
Council Action
Motion by Alderman Chapman, second by Alderman May,
the approval of the quote from S&S Fencing and
Construction to furnish a 6' high fence with 3 barb
wires on the top for the new well at Canton Lake for
a total cost of $1,804.46. Discussion. Alderman Chapman
reported that 2 other companies were contacted about
furnishing a quote, they never responded. Alderman
Zilly asked for a date when the fence would be completed?
Alderman Chapman response, in about 3 weeks. Roll
call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff,
Meade, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1
ABSENT. Motion carried.
Motion by Alderman Chapman, second by Alderman May,
to review the flow meter for the well to monitor the
flow of water from the pump. Discussion. Alderman
Chapman said a portable meter would be approximately
$5,200, and an in-line 8" meter which can monitor flow
up to 1200 gallons per minute costs $2,200 and an in-line
10" meter which can monitor flow up to 1500 gallons
per minute cost $2,928. Voice vote, motion carried.
Unanimous.
Public Works, Water & Sewer.
Council Action
Motion by Alderman May, second by Alderman Chapman,
the approval to purchase 24 switches and the box to
update the electrical system at the wastewater treatment
plant at a cost of $400 -$500 and done by the
Maintenance Department. Roll call. AYES - Aldermen
Chapman, May, Meade, Sarff, Steck, Zilly, Kovachevich.
NAYS - None. 7 AYES 0 NAYS 1 ABSENT.' Motion carried.
Cliff Sagaser, city engineer, presented the request
from Davis Water & Waste Industries, Inc for odor control
at the Kilroy Lift Station. The cost of delivery and
installation of the equipment is $1,000 and remains
the property of Davis Water & Waste Industries, Inc.
The cost will be removed if the process does not work.
We do have to pay .385 a gallon for material that is
drawn into it which comes to a total of 5,000 gallons.
Motion by Alderman May, second by Alderman Steck that i`~
Davis Water & Waste Industries be allowed to demonstrate
the system to eliminate the hydrogen Chloride odor
by using the larger tank of 5600 gallons. Discussion.
Cliff
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CONTINUED August l, 1989
Cliff 0'Brien said the test will last as long as Davis
Process can prove Hydrogen Chloride is down to a certain
level and would guess it would take know longer than
a month. Alderman NTeade asked if a retaining tank
is needed for the task? Cliff Sagaser replied, not
for the test, we have some ideas for the run off. Cliff
O'Brien reported that the Hydrogen Chloride will
eventually eat the top out of the force main at the
~ Kilroy Pump Station. Roll call. AYES - Aldermen
Kovachevich, Zilly, Steck, Sarff, Nieade, May, Chapman.
NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried.
Cliff Sagaser city engineer, reported he has received
Pay Estimate #4 & Pay Estimate #5 from Wehling Well
6Jorks, Inc. Pay Estimate #3 was approved on June 20
for all of the pipe material used on the well and for
the casings installed for the pump being on the site.
To date we have no proof he has paid his bills. I
am requesting approval of Pay Estimate #4 in the amount
of $28,994.40, subject to receiving proof of payment,
or lien waivers from the suppliers. At the next
committee meeting I will ask for pay estimate #5 in
the amount of $26,009.70 which is 10% of completing
the whole project, if he supplies the city with
certificates, or waivers of lien from his subcontractors
and other suppliers of material.
Alderman Sarff said he has no problem with Cliff's
request, but nothing has been right about this well.
Can't this wait until the next council meeting? Cliff
answered, it will not help us, it will hurt the
subcontractors.
Motion by Alderman Kovachevich, second by Alderman
Steck, to approve the payment for Pay Estimate #4 in
the amount of $28,994.40 to Wehling Well Works, Inc
subject to receiving proof of payment, or lien waivers
from the suppliers of pipe and material. Roll call.
AYES - Aldermen Chapman, I~1ay, Steck, Kovachevich. NAYS
- Aldermen Meade, Sarff, Zilly. 4 AYES 3 NAYS 1 ABSENT.
biotion carried.
Mayor Edwards said an electrical report has been received
from Crawford, Murphy & Tilly concerning lightning
at the well site. Cliff Sagaser city engineer, feels
this is not an expensive item and since there are funds
remaining of the $300,000 waterworks bond sale, this
can be handled out of those monies. We will have to
get the cost from the contractor. Niayor Edwards
instructed Cliff to do this as quickly as possible
and to furnish the information next week. Cliff Sagaser
did report that the city is protected and cannot be
blamed for anything out there at the well site.
COMMUNICATIONS FROM MAYOR EDWARDS. The mayor asked
Chris Spears, community development director if he
had anything to report, or if council had any questions
to ask him. Chris stated that he appreciated everyone's
willingness and they have been very supportive. No
questions were asked of him by the council.
Cliff Phillips, reporter for the Daily Ledger is leaving
their employment. Nlayor Edwards thanked him for the
pleasure of working with him.
062
CONTINUED August 1, 1989
SPOON RIVER CO-OPERATIVE, INC. AGREEMENT. First reading,
read by title. Mayor Edwards said he had signed the
agreement as of yesterday, by doing so, he saved the
city $1,000. Jim Malmgren city attorney, spoke about
the agreement. The agreement provides for the electrical
connection for the Water Well Pump #1. The city will
agree to disconnect the use of the well during peak
load periods. And those peak load periods are limited
to terms of consecutive hours per day and certain number ,
of total hours per month of billing period. The failure
to comply with the request may result in our being
double or tripled billed. It is unlikely we're going
to have any of these problems. More than likely if
anything is going to happen, will be kicked off this
special plan and put on a regular plan and receive
the normal rate per day's cycle. It is to our advantage
to enter into the agreement.
Motion by Alderman Steck, second by Alderman Zilly,
to concur with the signing of the agreement and the
agreement be adopted. Roll call. AYES - Aldermen
Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman.
NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried.
Agreement being #492.
Mayor Edwards said he had asked the department heads
and Alderman Steck to work togather to design and build
a float for the Friendship Festival Parade. Anyone
who wants to, can assist them. I'd like for the city
to become involved.
Jack Yancick was granted permission to address the
council. He reported that kids have almost
disintergrated the wall on his business at Main & Locust.
Also the lights on the building and in the parking
lot are always broken out. The wall faces the parking
lot and looks terrible when people come into town and
travelling in that direction. I wish the city would
address this.
Mayor Edwards said he has asked the city engineer to
look at the wall.
Jack Yanick said that Harry Jenkins wants to come across
Jack's property for water. Jack said he was talking
to Cliff Sagaser and he told me if I put water thru
my land he will annex my property to the city. I'm
saying, Cliff can't annex me into the city, that's
not his responsibility. I then came and talked to
Cliff. Cliff informed me I was receiving water
illegally. Jack told him he couldn't be. Since then
Jack said he had talked to the mayor and he told me
Cliff is a little wrong and that Jack was grandfather
in.
Jack further reported that Mr. Jenkins will put
in a 4' line up North llth Avenue. A farmer (Mr. Foose)
across the street said he might want water, then some
water department employees said they would then have
to annex everybodys land. Why do they have to be annexed
into the city?
Jim Malmgren city attorney, responded to Jack's question.
If Mr. Jenkins land is contagious, they will have to
voluntarily annex into the city. If they are not
contagious they will have to sign a pre-annexation
agreement. This is the policy of the city.
~6?
CONTINUED August 1, 1989
Harry Jenkins then addressed the council, he said he
does not want to sign a pre-annexation agreement, but
does want city water.
rlayor Edwards told Mr. Jenkins, that the city performs
to provide services, we are not coming after you if
you do not want to come into the city.
Cliff Sagaser city engineer, said he wants to set the
record straight, he said he did not say what he is
being accused of. I have not said the Yanick's property
would be annexed, and I have never said he was hooked
up illegal to the water system. I have never talked
to Mr. Jenkins about water in my life. I have talked
to his wife several times. I have never to my knowledge
talked to Jack Yanick about water that I can ever recall.
I don't particularly like to be accused of saying things
that I did not say.
Mayor Edwards said that Mr. Yanick came to him and
said that he had just come from city hall where he
had talked to you about it. Jack Yanick said he would
offer a rebuttal and would be glad to discuss the matter
at the committee meeting.
Motion by Alderman Steck, second by Alderman Sarff,
to refer this to the Legal & Ordinance Committee. Voice
vote, motion carried.
Niayor Edwards asked Cliff if he had reviewed the parking
lot that Mr. Yanick is talking about? Cliff responded
by saying he had looked at it visually. Mayor Edwards
said he had asked the police department to watch the
' lot since so many lights are out. The lights will
be replaced.
OLD BUSINESS:
ORDINANCE - FOR A SPECIAL USE PERMIT FOR A HOME FOR
THE AGED AT 73-79 NORTH 3RD AVENUE. Second reading,
read by title. The title has been amended by the
petitioner. Motion by Alderman Sarff, second by Alderman
May, the ordinance be placed on its passage as amended.
Roll call. AYES - Aldermen Chapman, May, Meade, Sarff,
Steck, Zilly, Kovachevich. NAYS - None. 7 AYES 0
NAYS 1 ABSENT. Motion carried. Ordinance being #1253.
Alderman Kovachevich said he understood that the railroad
hired someone to cut the weeds along the tracks for
the South end of town. The weeds are about 6 feet
tall and a letter should be sent complaining.
Cliff Sagaser city engineer, said he had a man tell
him he was hired to cut the weeds but doesn't remember
the name.
Mayor Edwards asked Cliff to follow up on this and
get the name of the person.
Alderman Kovachevich reported that a house at 858 N.
6th Avenue which is owned by Brian Shores is a menace.
I went and looked at the house, it is terrible to live
around, windows are not boarded up.
Jim Malmgren said between 4 or 5 original reports came
back a few weeks ago. The reports are on buildings
in the downtown areas. I don't know which is the worse,
but I would be wi l ling to take your idea' s, but I can' t
handle a large volume at one time.
064
CONTINUED August l, 1989
NEW BUSINESS:
RESOLUTION - SUPPLEMENT ~1 TO THE MFT FOR 1989-90.
First reading, read by title. Motion by Alderman Meade,
second by Alderman Sarff, the resolution be adopted.
Roll call. AYES - Aldermen Kovachevich, Zilly, Steck,
Sarff, Meade, May, Chapman. NAYS - None. 7 AYES 0
NAYS 1 ABSENT Motion carried. Resolution being #2071.
ORDINANCE - CROSS-CONNECTION OR ARRANGEMENT OF PIPING
OR APPURTENANCE WHICH A BACKFLOW COULD OCCUR. First
reading, read by title. Jim Malmgren said this is
a draft of a format by the EPA. The ordinance needs
to go to committee, it is being presented just for
information.
Fire Chief Robert DeRenzy reported that the former
Fire Chief Jim Grier needs our prayers, he was operated
on and in Methodist Hospital.
EXECUTIVE SESSION - LAND ACQUISTION. PERSONNEL.
IMMINENT, THREATENED/PENDING LITIGATION. Mayor Edwards
said we could be passing a resolution in open session.
This portion of the meeting recessed at 7:38 p.m.
Council reconvened in open session at 8:47 p.m.
riayor Edwards said that sometime back the city when
looking for a source of water we were looking for
property to build a siltation dam, we instructed the
city attorney to bid on the Zink farm. The resolution
will authorize the city to enter into an agreement.
The land will be paid for out of Income Tax funds just
being released. We will be receiving $36,000 per month
for the next 2 years.
RESOLUTION - APPROVING AN AGREEMENT BETWEEN THE CITY
OF CANTON AND NELLIE ZINK. First reading, read by
title. Jim Malmgren city attorney, said the price
is $72,000 for 180 acres and payable over the next
172 months. I'll be requesting changes to the contract,
the amendments are: to be paid solely from the special
funds, and the city has right of pre-payment.
Motion by Alderman Sarff, second by Alderman Kovachevich
the resolution be adopted as amended. Roll call. AYES
- Aldermen Chapman, May, Meade, Sarff, Steck, Zilly,
Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT.
Motion carried. Resolution being #2072. Agreement
being #493.
ADJOURNMENT: Motion by Alderman Kovachevich, second
by Alderman Meade to adjourn. Voice vote, motion
carried. Council adjourned at 9:51 p.m.
vL ' x. ~ ~
CITY~ CLERK
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APPROVED : ~~a~~
MAYOR