HomeMy WebLinkAbout09-05-1989 Council Minutes
074
A regular meeting of the Canton Council was held on September
~j, 1989 in Council Chambers.
PLEDGE OF ALLEGIANCE OPENED THE MEETING FULLOWED BY THE
INVOCATION GIVEN BY CITY CLERK NANCY WHITES.
Mayor Edwards asked for roll call at 6:30 P.r1. Present -
Aldermen Kovachevich, Zilly, Steck, Sarff, May, Chapman. Absent
- Aldermen Meade, Bohler.
MINUTES OF AUGUST 15. Motion by Alderman Sarff, second by
Alderman Steck, the minutes of August 15 be accepted and placed
on file. Voice vote, motion carried.
COMMITTEE REPORTS:
Public Safety & Traffic.
Council Action
Nlotion by Alderman Steck, second by Alderman Chapman, to approve
the expenditure of $350 for pyschological testing for fire
and police personnel for new hirees. Roll call. AYES -
Aldermen Chapman, May, Sarff, Steck, Zilly, Kovachevich. NAYS
- None. 6 AYES 0 NAYS 2 ABSENT. Motion carried.
Motion by Alderman Steck, second by Alderman Sarff, to refer
the 10 radios for ESDA back to the committee. Voice vote,
motion carried. Unanimous.
Streets & Garbage.
Council Action
Motion by Alderman Steck, second by Alderman Chapman, the
approval for the City to join Fulton County Tourism at a cost
of $200. Roll call. AYES - Aldermen Kovachevich, Zilly,
Steck, Sarff, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2
ABSENT. Motion carried.
Informational: Mayor Edwards announced that someone would
be attending the council meeting from CIPS for discussion
of the cutting of trees.
Lake, Building & Grounds.
Council Action
None.
Public Works, Water & Sewer.
Council Action
None.
COMMUNICATIONS FROM MAYOR EDWARDS. Motion by Alderman May,
second by Alderman Sarff, to pay the final Pay Estimate of '
Wehling Well 4Vorks for Well #1 in the amount of $25,043.1G.
Discussion. Cliff Sagaser mentioned that the amount of $967
was deducted for a main switch from Spoon River Electric Co-op.
Roll call. AYES - Aldermen Chapman, May, Sarff, Steck, Zilly,
Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion
carried.
~75
CONTINUED September 5th, 1989
Cliff Sagaser, city engineer reported that the Soil Conservation
Service Project Agreement to eliminate erosion at the lake
was to be completed by September 15. We are requesting that
the Soil Conservation Project extend the contract for 90 days.
Motion by Alderman May, second by Alderman Sarff, the approval
for the extension of the contract with Soil Conservation
Project. Voice vote, motion carried.
~ The 1989 MFT contract work is well on its way of being
~ completed. The Oil & Chip program should be completed by
September 11 if there are no rain delays, according to Cliff.
Alderman Sarff disagreed with continuing the program due to
the temperature not being just right, and problems have always
existed since I have been here. Jim Boyd Street Supt. said
the state will stop the program by the 30th of September.
Voice vote, motion carried.
Motion by Alderman Nlay, second by Alderman Sarff, a Class
C Beer & 4~ine license be granted to El Sombrero Restaurant
at 47 South Main Street. Discussion. Alderman Steck was
concerned about the visability in the building as the windows
are so high. NIayor Edwards said according to the ordinance
now in effect it is leqal. Jim Malmgren, city attorney said
that the present ordinance is silent on this issue for a Class
C license. Roll call. AYES - Aldermen Kovachevich, Zilly,
Steck, Sarff, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2
ABSENT. Motion carried.
I have had request for 4 to 5 package liquor licenses, I will
be sending letters to each of them. An revised ordinance
is still in committee, I want all committee's to be involved
in the discussion on this ordinance.
~ The Friendship Festival Parade is this Saturday, I am requesting
~ extra clean-up on the parade route, I want it looking sharp.
OLD BUSINESS:
ORDINANCE - PROVIDING FOR A STOP SIGN AT THE INTERSECTION
OF FULTON PLACE~AND AVENUE B. Motion by Alderman Kovachevich,
second by Alderman Zilly, the resolution be removed from the
table ancl placed on the agenda for second reading. Voice
vote, motion carried. Second reading, read by title. Motion
by Alderman Kovachevich, second by Alderman Steck, the
resolution be adopted. Discussion. Alderman Zilly said the
American Legion is in support of House Bill #1703. Roll call.
AYES - Aldermen Chapman, NSay, Sarff, Steck, Zilly, Kovachevich.
NAYS - None. 6 AYES 0 NAYS 2 A}3SENT. Motion carried.
Resolution being #1256.
ORDINANCE - SUPPLEMENTING AN ORDINANCE MAKING THE ANNUAL
APPROPRIATIONS FOR CORPORATE PURPOSES OF THE CITY OF CANTON,
FOR THE FISCAL YEAR BEGINNING MAY 1, 1989 AND ENDING APRIL
30, 1990. Second reading, read by title. Motion by Alderman
Sarff, second by Alderman Kovachevich, the ordinance be sent
back to the Legal & Ordinance Committee. Voice vote, motion
carried. Unanimous.
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076
CONTINUED September,,~~ 1989
NEW BUSINESS:
ORDINANCE - AMENDING TITLE 6 BY ADDING THERETO CHAPTER 17
ESTABLISHING A CURFEW IN THE CITY OF CANTON. First reading,
read by title. Motion by Alderman Sarff, second by Alderman
hiay the ordinance be sent to the Legal & Ordinance committee.
Voice vote, motion carried.
RESOLUTION - APPROVING A NOTE WITH THE NATIONAL BANK OF CANTON,
CANTON STATE BANK, AND COMMUNITY BANR AND TRUST COMPANY,
(LENDERS) AND THE CITY OF CANTON (BOR.ROWER). First reading,
read by title. Mayor Edwards remarked that State Representative
Tom Homer is going to help us. On the second page top of
page under (4.) the dollar amount should be changed to read
$5,000,000.00, not $5,000. Motion by Alderman Steck, second
by Alderman Sarff, the resolution be adopted as amended. Roll
call. AYES - Aldermen Chapman, May, Sarff, Steck, Zilly,
Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion
carried. Resolution being #2074.
Cliff Sagaser reported that 4~ehling Well Works has drilled
down 1040 feet on Well No. 2. The well and casings will be
completed by tomorrow, and the pump has been ordered.
RESOLUTION - FULTON COUNTY ASSOCIATION FOR POW/MIA'S TO HOLD
A PARADE ON SEPTEMBER 15 at 7:00 P.M. First reading, read
by title. Motion by Alderman Kovachevich, second by Alderman
Zilly, the resolution be adopted. Discussion. Police Chief
Robert Molleck was asked to contact the state for the permission
to cross the highway. Roll call. AYES - Aldermen Kovachevich,
Zilly, Steck, Sarff, May, Chapman. NAYS - None. 6 AYES 0
NAYS 2 ABSENT. Motion carried. Resolution being #2075.
EXECUTIVE SESSION - PERSONNEL. Motion by Alderman Sarff,
second by Alderman Steck, to go into executive session to
discuss Personnel. Voice vote, motion carried. Unanimous.
This portion of council recessed at 7:04 P.M.
The excutive minutes are on file in the office of the city
clerk.
Council reconvened in open session at 8:01 P.M.
When council reconvened in open session Wayne Ubank arrived
to discuss the Heinz/CIC Lease Agreement.
Jim Malmgren City Attorney reported that his objection to
the lease is uncier section 14, subparagraph 4 which reads:
If CIC has given a mortgage on the premises, CIC shall provide
that default or foreclosure will not affect the lease. Jim
Malmgren said the city would be responsible for seeing that
Heinze's business stays in the building, this language does
violence to the mortgage given by CIC.
Pdayne Ubank responded that he c~idn't care if the lease is
with CIC or the City, we don't want to invest alot of money
in improvements, then we are looking to relocate.
Jim blalmgren said that CIC can't give you that guarantee? You
have to wonder what you're buying here?
Mayor Edwards asked Wayne to discuss this with their attorney
and Rod Heinze to try and work out suitable wording. We ,
want to work with you. Mayor Edwards asked Wayne how much
assurance do you have if we don't grant you a lease and the
company goes under?
Jim Malmgren said we can concur with any reasonable language
that is without an absolute guarantee.
ADJOURNMENT: Motion by Alderman Chapman, second by Alderman
Sarff, to adjourn. Voice vote, motion carried. Council
adjourned at 8:38 p.m.
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(~~-~i~!r,'~~~, ~ ~
~ ~ ~ CITY ~ LERK ~
APPROVED:
MAYOR