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HomeMy WebLinkAbout01-05-1988 Council Minutes 302 A regular meeting of the Canton City Council was held on January 5, 1988 in Council Chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY MAYOR DONALD E. EDWARDS. Mayor Edwards asked for roll call at 6:30 p.m. Present: Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. Absent: Alderman Meade. WEST CENTRAL ILLINOIS WATER COMMISSION. Dennis Corbin a member of the commission spoke before council and made the following request, will you sell water to the West Central Water Commission? We have checked with 2 suppliers of water, Illinois America from Pekin and now Canton. We plan to use between 400,000 to 600,000 gallons daily. It will be rural useage. Will know more after our survey is completed in January. Mayor Edwards said selling water to an industry outside the county could be counter productive to our county. Dennis Corbin responded by saying an engineering firm will be drilling a well on the Pekin side of the river and they will run water over to the industrial park. They gave us a very good price on it. Mayor Edwards said the City Council made a motion to go along with the con~ept a few months ago. Cliff Sagaser City Engineer said he does not see any problem with 2 water supplys being connected. We do have the supply of water, so it won't jeopardize our supply. We would be better off to sell to an outside user for the repair and maintaining of the water plant. Ray McKinney Supt. Water Plant said he does not see a problem, it will help to update the system. Alderman Zilly said that earlier she had commented she was opposed to selling water outside the community and she restated that she had not changed her thoughts. Alderman May suggested holding this over until more information is available from city officials. Mayor Edwards said that recommendations will be made at " the next council meeting on January 19. COMMUNICATIONS FROM DAVID LEEZER - COMMUNITY DEVELOPMENT DIRECTOR AND BUDGET ADMINISTRATOR. Received our first check from CIPS on the city's utility tax charge. The amount received for November was $34,917.03. Of that amount $20,616.39 was electric use, $14,300.64 came from gas. There are 5,600 users in Canton at .20.6 cents per day. Met with officials on the Public Works Agreement and finalized that agreement. Illinois Enterprise Zone Association will be meeting in Canton January 29. We've contacted local officials on their participation. For an employee buy out (ESOP) of CIC, $24,000 was loaned from the State, all of the $25,000 has been used. and 303 CONTINUED ~7anuary 5, 1988 if all bills were paid we would have a shortfall of $2,000. A lot of rumors are circulating about CIC. Were discussing some alternatives for them. We do not want to violate any~ ~egulations set forth by the security exchange commission. We see viable alternatives for CIC, a new owner or an ESOP buy out. COMMUNICATIONS FROM CLIFF SAGASER - CITY ENGINEER. A water main break occured on New Year's Day in front of CIC. We let it flow all night, and repaired the break the next morning. This procedure was made by the superintendant maintaining those lines and myself. Our reasons were, there is a duct telphone cable right next to the water line, and we weren't sure where the break in the line was. I estimated the worst that could happen, we would lose O 50,000 gallons of water. It comes to less than $55 of our sale value. Our overtime if we had to pay, would have ~ been more than the $55. ~ Al1 council members need to submit a list of streets for = maintenance in 1988 within six weeks. Keep of copy of your m request. Q The contractor for the Dam Project has worked some but hasn't officially started at the Dam. The contractor for Project 4 of the sewer project was given notice to proceed. He can proceed as long as it's know later than the 15th of the month. We should be receiving a pay estimate within a couple of weeks. I am asking the council members to attend the Clerical meeting to discuss the issue of selling water to the West Central Illinois Water Commission. COMMITTEE REPORTS: Public Works, Water & Sewer. Council Action Motion by Alderman May, second by Alderman Chapman, to approve the maintenance contract with Wallace & Tiernan at a cost of $673 for the slaker at the water plant. Roll call. AYES - Aldermen Chapman, May, Bohler, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. Motion by Alderman May, second by Alderman Steck, to approve the request of Heinz Construction of change order #11 for an increase of $3,659; change order #12 for an increase ~f $793; change order #13 for an increase of $3,206; change order #14 for an increase of $1,500, and change order #15 for an increase of $5,629 for a new total of the contract to $3,268,540.07. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. ~o~ CONTINUED January 5, 1988 Lake, Building & Grounds. Council Action Motion by Alderman Chapman, second by Alderman May, the approval to pay the total of $1,238 for replacement of 2 garage doors at the city garage. Discussion. The insurance company should reimburse the city for all expenses but the deductible. Roll call. AYES - Aldermen Chapman, May, Bohler, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. Streets & Garbage. Council Action Motion by Alderman Steck, second by Alderman Sarff, the approval to pay Prairie International for a rear end for a street dept. truck at a cost of $1,650; Hoyle Road Equipment for grader blades at a cost of $1,064; Jarvis Welding at a cost of $183; Wheeler's for a grader at a cost of $1,891.37; wheeler's for the driveshaft repair on the grader at a cost of $879.20. Discussion. Shipping and transportation cost will come later. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. 7 AYES 0 NAYS 1 ABSENT. Motion carried. COMMUNICATIONS FROM MAYOR EDWARDS. A hearing was held by the Liquor Commission for the application of a package liquor store from Convenient foods. A license was granted at that meeting. Due to my oversight and then doing some research there is a liquor district for that area. The ordinance states: Commencing at the intersection of the center lines of West Locust Street and North Avenue A, thence running South to the center line of West Pine Street, thence east to the center line of South Second Avenue, thence North to the center line of East Locust Street, thence west to the place of beginning is predominately a residence district, so that no license permitting the sale of alcoholic liquors shall be issued by the Local Liquor Commission within the said residence district so determined, unless the owner or owners of at least two-thirds (2/3) of the frontage, two hunderd feet (200') in each direction along the street and streets adjacent to the place of business for which a license is sought, file with the Local Liquor Commission, his written consent to the use of such place for the sale of alcoholic liquors. Mayor Edwards said that the petitioner Mr. Lockman has been informed of this requirement as well as the gentleman circulating the petition against the liquor license. Motion by Alderman Bohler, second by Alderman May, to send the request from Convenient Foods for a package liquor license back to the Liquor Commission. Voice vote, motion carried. The bird problem is back in the downtown area. Police Chief Robert Molleck said everything has been tried. He has not contacted the Department of Conservation for what might be available. In the past we have used #8 shot and have been somewhat successful, and we will try again. 305 CONTINUED January 5, 1988 OLD BUSINESS: ORDINANCE - REZONING CERTAIN REAL PROPERTY LOCATED AT 150 MARTIN AVENUE FROM R-4 MULTIPLE FAMILY RESIDENTIAL TO B-2 GENERAL COMMERCIAL DISTRICT. Second reading, read by title. Motion by Alderman Sarff, second by Alderman May, the ordinance be placed on its passage. Discussion. Alderman Bohler ask Mrs. Nagle why she requested a B-2 zoning? Mrs. Nagle replied that someday her son might want to sell the business and it would be more favorable in a B-2 zoning classification. Roll call. AYES - Aldermen Chapman, May, Bohler, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT, Motion carried. Ordinance being # 11~2 . ORDINANCE - REZONING CERTAIN REAL PROPERTY LOCATED AT 1210 NORTH MAIN STREET TO B-2. Second reading, read by title. Alderman Steck commented that he wants the ordinance changed to a B-1 zoning configuration, not a B-2. ~ Gary Barnhart representing Dick and Martha Huff the ~ petitioners reported that the Planning & Zoning Commission ~ recommended a B-2 rezoning on this property, and Martha = Huff intends to operate a drapery shop where she will sell m draperies and window treatments of all kinds. Under a a B-2 District the sub paragraph (MM) allows venetian blind, window shade, or awning shops, including repairs, limited to two thousand five hundred (2,500) square feet of floor area per establishment. Under sub paragraph (Q) interior decorating establishments are allowed. Under B-1 the closes I can see is sub paragraph (E) Dressmaking, millinery, and tailoring, clothes pressing and repair. In terms of what our propose use is, I simply don't want to have a problem in the future. What were doing is something like venetian blinds and awnings and that's in a B-2 zoning configuration. If we can do what we have outlined we want to do, and do this in a B-1 zoning that's okay. We want to be a good neighbor, and to be the least offensive use. But we don't want someone coming back later and saying you can't do that because you need a B-2 zoning. Will do what ever you feel is appropriate and expediate. Jim Malmgren City Attorney said a B-1 zoning configuration is a lesser included zoning configuration of a B-2 zone. The petition and the notice of hearing held before Planning & Zoning in question of a B-2 zoning configuration is also valid as to the lesser and included zoning configuration of B-1. You could certainly argue this service is allowed only under a B-2 zoning configuration. I see no real distinction between what the Huff's propose and the other uses which are permissive use under a B-1 zoning classification. I think its a question of the use which is talked about in a B-2, which is a heavier use from that which you find under B-l. I'm content that what is proposed here would fit within a B-1 zoning configuration. And if its going to be amended by agreement, my concern is that the petitioners be comfortable with a B-1 classification. Gary Barnhart said we don't have any objections to B-l. What we do want to have made clear is if Mrs. Huff were to sell me a set of venetian blinds and they were to be fixed and taken back to her shop for repair, and someone comes along from this body and says you need a B-2 zoning. We're happy with a B-l, we just don't want any misunderstandings in the future. i 3 0 E~ CONTINUED January 5, 1988 Jim Malmgren City Attorney said he doesn't think anyone is going to object when draperies are brought back for adjustments or alterations. But given the concern for heavy traffic, traffic patterns need to intergate with B-2. In my opinion this kind of shop would not run afowl of that type of business in my estimation. Alderman Bohler ask if this was not Spot Zoning? Jim Malmgren City Attorney stated it is not spot zoning! Spot zoning is done solely for the advantage of the person seeking the zoning. You have a Comprehensive Plan that says all of this area at some point in time is going to be converted from a residential area to a business zoning. Planning & Zonings finding of facts said this is the highest and best use of the property in question. Which is in conformity with the requirements of the Comprehensive Plan. I don't believe it is spot zoning, even though it does look it, it is in harmony with the Comprehensive Plan. Motion by Alderman Steck, second by Alderman Zilly, the ordinanc'e be amended to B-1 zoning configuration. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, May. NAYS - Aldermen Bohler, Chapman. 5 AYES 2 NAYS 1 ABSENT. Motion carried. Motion by Alderman Zilly, second by Alderman Kovachevich, the ordinance be placed on its passage as amended. Roll call. AYES - Aldermen May, Sarff, Steck, Zilly, Kovachevich. NAYS - Aldermen Chapman, Bohler. 5 AYES 2 NAYS 1 ABSENT. Motion carried. Ordinance being #ll~s3., NEW BUSINESS: RESOLUTION - APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE FIRE DEPARTMENT, LOCAL NO. 1897. First reading, read by title. Alderman Sarff noted a discrepancy under Section 24.0 Discipline. This section says discipline shall be fair, uniform, incremental, not arbitrary and shall be designed to improve behavior, not punish it. The severity of the discipline shall be determined by the severity of the offense. According to Alderman Sarff that's not necessarily the case if you follow progression. Jim Malmgren City Attorney stated that it was not my intent and certainly not my impression that the sentence would in any way inhinge upon the ability of the City Council to require the Police & Fire Commission who has jurisdiction to fire a commission officer for cause over and above a history of prior offenses. Even though the latest offense might agreeable not be greater than the degree of some of the previous offenses. If that is a concern I have no problem recommending a wording change. After the sentence, the severity of the discipline shall be determined by the severity of the offense, insert the words and the officer's prior work - disciplinary history. I don't know how the union will react to this change. Mayor Edwards said he would not sign the agreement or the resolution until the changes are worked out with the union. ~ 307 CONTINUED January 5, 1988 Motion by Alderman Sarff, second by Alderman Steck, the resolution be adopted as amended. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. Resolution being #2022, Mayor Edwards reported that it has been two years since Mike Conklin began taping the council meetings, and he ~ has never missed a meeting. I would like for the Finance Committee to work up a budget to expand this public tv access of cable Channel 14. This would be good for school boards, park boards and other boards to use this, but not at the city's expense. It would be good for the community to know what goes on. We certainly appreciate what Mike has done. O ADJOURNMENT: Motion by Alderman Sarff, second by Alderman ~ Bohler, to adjourn. Voice vote, motion carried. Council ~ adjourned at 7:59 p.m. _ m a ~ ' ~ CITY LERK / , APPROVED. ~ ~ ~ MAYOR