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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 ~61 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 ~ APPROVED : ~~a~~ MAYOR