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HomeMy WebLinkAbout02-04-1986 Council Minutes 366 A regular meeting of the Canton City Council was held on February 4th, 1986 in Council Chambers, PLEDGE OF ALLEGIANCE OPENED THE MEETINr FOLLO?~TED BY THE iNVOCATION GIVEN BY CITY CLERK NANCY [~THITES, Mayor Edwards asked for roll call at 6:30 p,m. Present: Aldermen Zilly, Steck, Sarff, ulorkman, Bohler, May, Chapman, Absent: Alder- man Kovachevich, Mayor Edwards recognized and welcomed the cub scouts and their leaders to the council meeting. MINUTES OF JANUARY 24 MEETING, Motion by Alderman Sarff_, second by Alderman Chapman, the minu~es of January 24th be accep.ted and placed on fi1e, Voice vote, motion carried. COMMUNICATIONS FROM CLIFF SAGASER - CITY ENGINEER. The Director of Water Resources from the Illinois Department of Transportation will be in town this week with contract docur_ients for the approval of the $300,000 grant we're to receive. COMMITTEE REPORTS: Lake, Building & Grounds, Council Action Motion by Alderman Chapman, second by Alderman Workman, the new furnace for the Public Safety Building be referred to the Finance Committee, Discussion. Cliff Sag;aser City Engineer has requested the quotes that had been received by the committee and those received since the meeting be sent to the Finance Committee, Voice vote, motion carried. Streets & Garbage. Council Action Motion by Alderman 4~lorkman, second by Alderman May, the apnroval of a bill from Bull's Tree Service for the removal of 5 trees for a cost of $540. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Steck, Zilly. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Mayor Edwards stated that Mike Stahl had recrueste_d permission to speak to the council. Permission was granted. Mike Stahl from Spoon River Blaclc.top thanked the c~ty Council for allowing him to bring his case before them. He also stated that Spoon River Blacktop was outbid on the Enterprise Zone blacktop job by about $31,000. Mr. Stahl further stated that Pschirrer's Asphalt who was awarded the bid had not performed the work according to specifications, Mr. Stahl said he had contac~ed Mayor Edwards to ask permission for - Whitney & Associates of Peoria to make some test borings at Mr. Stahl's expense. Mr. Stahl stated that Mayor Edwards wouldn't give him permission. Mr. Stahl stated that numerous letters had been sent to the city engineer, city attorney and to the mayor asking for permission to do test borings. Most of the letters had never been answered. A letter was sent to Mr. Stahl's attorney from Jim Ma.lmgren City Attorney! of which Mr. Stahl read from the letter by saying, "I would like to point out from the city's point of view, there is no controversy except to the extent that your client refuses to accept that he was simply out bid." The letter further stated that it would be upto the City Council for any coring of the blacktop. Mr. Stahl said that was why he was here, he would pay for one corin~ as stated before, if given permission, with no damage to the street. ,~s~ CONTINUED FEBRUARY 4, 1986 Mr. Stahl said that he had contacted the State's Attorney's office and the Attorney General's office and was told its a personal matter. Mr. Stahl said he thinks matters of fair biddin~ and enforcing the contract should be a serious concern for all of ~Chose here tonivht as well as taxpayers should demand it. Cliff Sagaser City Engineer said the low bidder, Pschirrer's Asphalt did do the job in accordance to the specifications that was made. There is adequate asphalt on the road surface, and by adequate I mean 3 inches or more. Jim Malmgren City Attorney reported that he was present at the site on the first day and one layer of asphalt was substantially complete. And was again there on the next c~ay and observed the second layer being placed. I can personally say I saw 2 layers going down. ~ Alderman Sarff asked what are the short comings in having core ~ samplings taken at Mr. Stahl's expense? Mayor Edwards said the integrity of the ci~Cy is being questioned, W and I don't take lightly to that. If it is that serious an offense, ~ the courts would order the core samples taken. a Motion by Alderman Sarff, second by Alderman Steck the city take no further action on this unless directed by the courtis, Voice vote, motion carried. Public Safety & Traffic. Council Action Motion by Alderman Steck, second by Alderman May, permission to purchase 2 hand held radios for ESDA be approved. Discussion, The question of going out for bid was asked. Jim Malmgren City Attorney said that the ordinance we have is preferred manner of acquiring these types of things. Roll call. AYES - Aldermen Zilly, Steck, Sarff, Workman, Bohler, May, Chapman. NAYS - None. Motion carried. 7 I~iYE9 0 N~YS 1 ABSENT. Public Works, Water & Sewer. Council Action None. COMMUNICATIONS FROM JIM MALMGREN CITY ATTORNF.~Y, h Jim informed the council of an amendment to the Insurance ActW'~~.~ taken place and will be a~fective on July lst, and which relates to 3rd party adminstrators. The Cemetary Board, Parlin-Ingersoll Library and the Park District have combined raith the city for ~;roup Health Insurance. This act has a provision in it that says if you have an association then you may be exempt from the act, and all these other requirements. Jim said that to his knowledge no written agreement has ever been reached between the city and the Library Board and the Park District Board relative to this association for the limitecl. purposes of poolir~g our insurance funds and hiring a 3rd party adminstrator. I'm asking the council to authorize me to contact the Park District ' Board,~+the Library Board to explore the possibility before July lst of this year of entering in to a very narrowly drawned limited type of association of a~reement. Motion by Alderman Sarff, second by Alderman May, that the city attor- ney be directed to contact the Park Board, the Library Board for preliminary discussion before entering into an association of agreement. Voice vote, motion carried. 368 CONTINUED FEBRUARY 4th, 1986 There are 2 Educational Prop,rams being of.fered by the Illinois Municipal Lea~ue, To be held on February 21 and 22 in Springfield, and again the sarcne session on February 28 thru March lst in Arlington Heights. The programs have to do with Tax Increment Financing, which includes Sp~cial Service Areas. There are some changes to the Tax Tncrement Financing law, one of which is a municipaliCy by ordinance only, without having a public hearing (during this calendar year) capture the sales tax revenue from the Tax Increment Area which is presently going to the State of Illinois, Registration for the Springfield meeting is $60., which does not include h.ousing . Motion by Alderman Sarff, second by Alderman Bohler tl~is be sent to the Finance Committee for further discussion. Voice vote, motion carried. Motion by Alderman Workman, second by Alderman May, that the city attorney be considered for the meetin~; of February 21st. Voice vot~, motion carried. COMMUNICATIONS FROM MAYOR EDWARDS. Job interviews for a Community Development Director and Budget Administrator are continuing. We have had 4 to 5 interview sessions. At this present time we have 2 excellent people in mind. The committee to honor Astronaut Steve Nagel has completed their task. Quotes were received on estimates of $1,295.90 which includes installin~ at the Parlin-Ingersoll Library, Mayor Edwards said ~hey could not reveal what the "item" would be at this time, it will have to wait to be revealed in March when Steve Nagel plans to be here. Motion by Alderman Zilly, second by Alderman May, the apProval of expenditures totally $1,295.90 for the ''items" in honor of Steve Nagel. Roll call. AYES - Aldermen Chapman, May, Bohler, taorkman, Sarff, Steck, Zilly, NAYS - None, Motion carried. 7 AYES 0 NAYS 1 ABSENT, Motion by Alderman Workman, second by Alderamn May, the approval for the purchase of building materials at a cost of $400. for the "item" in honor of Steve Nagel. Roll call, AYES - Aldermen Zilly, Steck, Sarff, Workman, Bohler, May, Chapman, NAYS - None. 7 AYES 0 NAYS 1 ABSENT. OLD BUSINESS: ORDINANCE - GRANTING A SPECIAL USE PERMIT TO THE FULTON COUNTY RE- HABILITATION CENTER EXCLUSIVE TO COMMON ADDRESS OF 625 SOUTH FIFTH AVENUE, Second reading, read by title. Motion by Alderman Sarff, second by Alderman Steck the ordinance be placed on its passa~e. Discussion, Alderman Sarff wants the record to specifically point out, the area calls for the masking of the activities that will be in storage of this area in regards to adjacent residential property. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Steck, Zilly. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Ordinance being ~~1099. ORDINANCE - APPROVING A CONTRA_CTFOR SALE OF LAND FOR PRIVATE DEVELOP- MENT, Second reading, read by title. The city clerk was asked if any one had given an offer for the land? She replied that no one had inquired. Motion by Alderman Sarff, second by Alderman May, the ordinance be placed on its passage. Discussion, Alderman Sarff said we had never maintained the lot, the older it gets the more it will require and since we have a willing buyer I'm willing to sell. Roll call, AYES- Aldermen Zi11y, Sarff, Bohler, May, Chapman. NAYS - Aldermen Steck, Tdorkman. P~Iotion defeated. 5 AYES 2 NAYS 1 ABSENT. The ordinance req_uires 6 aye votes, aecordin~ to Jim Malmgren City Attorney. P~otion by Alderman Workman, second by Alderman Steck, the ordinance ~69. CONTINUED FEBRUARY 4th, 1986 be referred to the Legal & Ordinance Committee. Discussion. Mayor Edwards said in order to bring the ordinance back it would take a motion out of the committee that was the people casting the negative vote. I would suggest you send it back to Lake, Building & Grounds. The mover and second agreed to send it to Lake, Buildinp; & Grounds Committee. A motion to reconsider would have to come from those casting the negative vote. Motion arid second withdrawn. Motion by Alderman Workman, second by Alderma.n Steck to reconsider the ordinance. Roll call, AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Steck, NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Motion by Alderman May, second by Alderman Workman, to place the ordinance on its passage. Discussion. Alderman Steck said his complaint was loaning the money at 5%. Jim Malmgren City Attorney stated this is a contract for deed for the purchase price of $14,000, with a down payment of $4,000 and the remaining balance of $10,000 will be paid over a 5 year period with ~ the principle amount of $2,000 paid a year at the rate of 5%. The N city then is not making an actual loan except to the extent the city W has already purchased the property and made improvements to it. And at that extent Dr, Rushford will be receivinp; ~he benefit of that money. (n Dr. Rushford has agreed to complete at his expense the pro~;ram the Q city had obligated itself to complete and has not taken further action on for several years. Roll call, AYES - Aldermen Zi11y, Steck, Sarff, Workman, Bohler, May, Chapman. NAYS - None, Motion carried. 7 AYES 0 NAYS 1 ABSENT. Ordinance being ~f1100. NEW BUSINESS: - RESOLUTION - DISCONNECT TRAFFIC SIGNALS AT OAK AND FIFTH AVENUE BY C.I.P,S. First reading, read by title. Motion by Alderman Zilly, second by Alderman Workman, the resolution be adopted. Roll call, AYES - Alderman Zilly, Steck, Sarff, ~aorkman, Bohler, May, Chapman, NAYS - None. Tsotion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being ~~1138. Mayor Edwards said th atBruce Buehri~ President o.f B& K Specialty Casting Company needs money to move here. The local financial institu- tions are tryin~ to put togather some interim financing and have come up with $30,000. I'm going to recommend that we use our Hud Amendment account, which is monies that have been paid back for roll over funds for creating jobs, Use $15,000 of those funds to help the interim financing for 90 days and would recommend the city attorney draw up a loan agreement for the $15,000. Jim Malmgren City Attorney said there's no security here, no collateral and absolutely none availabl~ne So.your aware of this, it will be done on a signature note, at what prevailing interest rate is, Motion by Alderman Steck, second by Alderman Chapman, to loan $15,000 to B& K Specialty Casting Company and the city attorney draf~ an agreement. Roll call. AYES - Aldermen Chapman, May, Bohler, Work- man, Sarff, Steck, Zilly, NAYS - None, r~otion carried. 7 AYES 0 I~AYS 1 ABSENT. RESOLUTION - AMENDING RESOLUTION NUMBER 1134, APPROVING AN AGREEMEI~T BETWEEN THE CITY OF CANTON AND B& K SPECIALTY CASTING COMPANY. First reading, read by title, Jim Malmgren City Attorney said this resolution and resolution ~~1135 are both relating to the $50,000. The amendments are new pages 11 & 12 with new subparagraphs D,E,F,G & H and the same exhibits are on resolution ~~1135, so what pertains to resolution ~~1134 also pertains to resolution ~~1135. This language that's been added is required by the Department of CoYrunerce & Community Af.fairs . Paragraphs E,F,G & H are placed at the request of B& K's attorney. His concern was that something in the agreement reflect that the city is aware of B& K's financial condition. On the Pledge Agreement, paragraph 3 the words "accept as previously disclosed" has been added. 1`0 CONTINUED FEBRUARY 4th, 1486 On the next page, paragraph 5 the 5th line, after the word company, the words "of pledged or" have been inserted. Exhibit 5 is the long term indebtedness. Motion by Alderman Workman, second by Alderman Chapman, the resolution be adopted. Roll call. AYES - Aldermen Chapman, May, Bohler, Work- man, Sarff, Steck, Zilly, NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being #1139. RESOLUTION - AMENDING RESOLUTION NUMBER 1135, APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND B & K SPECIALTY CASTING COMPANY. First reading, read by title. Motion by Alderman Chapman, second by Alderman Workman, the amended resolution be adopted. Roll call. Aldermen Zilly, Steck, Sarff, Workman, Bohler, May, Chapman. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being #1140. RESOLUTION - AMENDING RESOLUTION NUMBER 1136, APPROVING AND AGREEMENT BETWEEN THE CITY OF CANTON AND B & K SPECIALTY CASTING COMPANY. First reading, read by title, Jim Malmgren City Attorney comments concerning this resolution and resolution #1137 are the same. Each relates to the agreement for deed. One being lot 18, the other lot 19. Replace- ment page 5 has an additional paragraph which the department of Commerce and Community Affairs has requested. Ilotion by Alderman Zilly, second by Alderman Chapman, the resolution be adopted. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Steck, Zilly. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being; #1141. RESOLUTION - AMENDING RESOLUTION NUMBER 1137, APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND B & K SPECIALTY CASTING COMPANY. First reading, read by title. Motion by Alderman Workman, second by Alderman Zilly, the resolution be adopted. Roll call. AYES - Aldermen Zilly, Steck, Sarff, Workman, Bohler, May, Chapman, NAYS - None, Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being #1142. ORDINANCE - PROVIDING FOR A STOP SIGN AT THE INTERSECTION OF EAST ELM STREET AND NORTH THIRTEENTH AVENUE. First reading;, read by title. ADJOURNMENT: Motion by Alderman Chapman, second by Alderman May, to adjourn. Voice vote, motion carried. Adjourned at 8:08 p.m. d TY CLERK APPROVED.