HomeMy WebLinkAbout01-15-1985 Council Minutes 191
A regulax meetin,g of the Canton City Co~n~.cil was held an January 15th, 1985
in council c~~acnbers .
PLEDGE OF ALI~GIANCE OPEIVED THE MEETING, FOLIAWED BY THE INVOCATION GIVEN BY
MAYOR EDRnT~,RDS .
Ma.yor Ec~aards asked far roll ca.ll at 6:30 p.m. Present: Aldermen Kavachevich,
HamroYZd, Savill, Sarff, Wor~nan, Carl, May, Horr. Absent: None,
Mayor Edwards said he ha.d been. asked to ~udge 2 boy scouts for their Ci~Cizenship
of the World Ba.dge. The boys attended the cotmcil meeting, ~Ch~y are Kyle Nelsan
117 Poplar, and Jeremy Styn.in~;er of 335 Poplar.
Jim Ma.]mgren City Attorn.ey advised the fu11 covncil publicly an wha.t he ha.d ad-
vised the caYmittee publicly, cancerning; the canv+en.ient type store on North Main
street. He ha.s substanially comr~leted the review of the ma.tter. He said he was
of the opinian that there's no reasan why the store should not be out ~here. He
see's no reason why a street openin~; perm-it should nc~t be ~ssued, As he said he ha.d
advised the cotmcil before and advised the various comnittee's previo~tasly, his
~ private law office has represented the aFmer of th.at building out ~here many
years, He dr~esn't feel that he ha.s a actua.l conflict of ~nterest. He said he
~ sincerly does think in a tecYmical sense and if nothing else, there's a possibi-
(v lity tha.t there is an appearance of i~ropriety. For that reasan, the Legal &
W Ordinance co~m.ittee has directed that a second le,al opinicm would be received.
m He has n,ot yet got that, he ha.s ta.lked to a local attorney ~alw will be rendering
Q that opinian, and I expect to ha.ve tha.t easily by this time next week. in an.y
ev~ent, he will not direct the city engineer to issue any permits Lmtil, or,
tmless he ha.s a second opinion tha.t cancurs wi~Ch. his. Obvio~usly if it doesn't
canc~ with mine, then he'll refer the matter back to higher authority. That's
where it is, no action by the city council or by a~y city cainnittee is req_uired
on it . Its p~ely actninistrati~re .
Geralcline Ma.yhugh of 33 Ian.gwood Drive repea.ted her objections about the traffic,
which would be crea.ted because of the grocery store . Since this ha.s gor,.~e an and
an, we are pretty m~uch resigned to the fact tha.t we wi11 ha.~ve a grocery store,
0~ main objection is that the cvrb remain as is, The rea.san is, the p~e7p~rty
ha.s 70 feet frantage on Ma.in street, about 60 feet of tha.t is driveway, we think
that's enough. Those of us trying to get in an.d out of Lan.~,wood Drive will have
ane irore hazard to contend with. Its difficult to get up the grade when its icy.
We hav~e no other access to Lon,~od but this one.
Warren F1Emix~,g lives behind the business, and when he built his house, he was told
by the zoning officer and the mayor, that the builcting could not be changed. 'Ih.ere
could not be a change of ho~rs or a type of business, as it was ~der a special use
perniit, and they have to ha.ve authorization fram the surrounding people. Since
then the building ha.s doubled in size, business ha.s changed, same ha.s been ~m-
desirable. Now all those years when nothing was to be changed, which is contrary
to what was suppose to be and we were protected by zonin~; laws, they have naw went
by the way. This is why were trying to stop any changes,
Rick Lillie awner of the proposed convenient type store, said he felt it would be
alot safer for a car to exit onto Langwood as to backing out anto Main street.
Charles Luthy spoke about the amovnt of traffic, but that the prime concern is
that there is no sidewalks on either side, so the children and adults have to
walk in the street. [~ha.t were proposing here is a very substanial increase in
autoRmbiles, but the prime concern. is a child p;etting run over. He does not
disagree with anyone else's concerns,
Neldan Walker of 15 Longwood Drive said each hame ha.s mr~re then one vehicle, and
Mr, Lillie is proposing ~hat rn~re traffic will be on Longw~od by opening the curb.
DII~'I~NSTRATION C~UT~RS - N.C.R, AND I.B.M. Each represen~Ca.tive of ~Che can~anies
introduced themselves, and each gave a 15 minute da~nstratian. No decisian was
macle on the cam}~uter ,
MINUI~S OF DECEMBER 18TH MEETING, Motion by Aldermari H~mrn1d, secand by Aldent~n
Sa.vill, the minutes be accepted and placed on file. Voice v~te, motian carried.
NlINUi~S OF DECEMB~R 27TH SPECIAL MEETING, P!fotion by Alclernian. Savill, secand by
Aldern~n May, the minutes be accep~ed and placed on file. Voice vote, motion
carried.
MINtJ'1'ES OF JANi1ARY 2ND MF~TING, A correcticm to be ma.de on pa~e 187. Add the
nan~e of Aldercnari Kr~vachevi.ch, to the last roll call on tha.t pa~e, On the same
page, the second paragraph, the n~e "Daily" should rea.d "Vahle." Motian by
Aldern~Z Kovachevich, secand by Aldern~z Horr, the minutes be accepted and
placed an file as corrected. Voice wte, mr~tion carried,
192
CONTINUED JAN[1ARY 15TH, 1985
BILIS FOR DECII~IBER, Pa~ Wright City Treas~er, asked that a bill be added
an for the ccxnpressor at the city ~arage, payable in the aimvnt of $809.00
an.d the bill for the fittings is $124.15, this will be shared equa.lly with.
the street departmen.t and the water departzrent.
Nbtion by Alderman Ha~zd, seconcl by Aldern~an Sar~f the bill be added to
the lis~ of bills, Voice vo~e,motion carried.
Nbtion by Alderman Kovachev~ich, second by Aldezman Sarff, all bills approved
be paid. Roll call, AYES: Alc~ern~en Horr, rTa.y, Carl, j'aor~, Sarff, Savill,
Ha~~an.d, Kc~vachevich, NAYS: Non.e. Nbtion carried. 8 ayes 0 nays 0 absent.
C~MZUNICATIONS FROM CLIFF SAGASER - CITY EI~TGIN~R. Cliff reported an the ttamel
at the lake, As of today, they have put in 1490 bags of cement, which is equa.l
to 110 cubic yards of cancrete, 'Ihe cost for doinp~ this is at $21,494.00 to
date, before any dec~uctions, which there are same that would be reducing; same
of the bill. There is another truck load of ceznent ccnning tor_nrraw, I'm hopin,~;
to complete the project with tha.t load. If they have to ptm~ the entire load
in, you'll be gettin~ awful close to $28,000.00 to $30,000.00.
P.eceived a letter fonn the EPA asking for the pexmit applica.tion to operate the
water line at the Inc~ustri.a.l Park. It was submitted today.
Reports of M,F,T, will be placed in ea.ch alderman's mail boxes f_or their infor-
mation, to see how the account works,
OON~IITI~E REPORTS:
Finance.
Covncil Action
Nbtian by Aldernn~l Kova.chevich, secand by Alderman Ha~ncmd, the approval of the
expenditure of $1,800.00 to Peoria Tractor to reinsta.ll and check the systesn
for the Kilroy ~enerator. Roll ca.ll, AYES: Alderm~l Kovachevich, H~zd,
Savill, Sarff, Worlar~axi, Carl, Ma.y, Horr. NAYS: None. Motion ca.rried. 8 ayes
0 na.ys 0 absent .
Nbtion by Aldern~an Kovachevich, secand by Aldennan C~rl, that the Park District
employees be allawed to increa.se their life ins~an.ce, and to be paid by the
Park nistrict. Roll call, AYES: Alde~z Horr, Ma.y, Carl, Wor~, Sarff,
Savill, Ha~id, Kovachevich. NAYS: Nane. Nbtion carried. 8 ayes 0 nays
0 absent.
Legal & Ordinance.
Council Action
None.
Inforn~atianal: A motion was made an.d secanded in the camnittee meeting, to re-
ca~1d the passage of the Agreem~n.t with Sherman Reed as presented.
A resolution was presented to the cacmLittee for cansideratian of Mill Street. It
. was the camnittee's recom~n.datian this area be treated as a co~mr~ercial alley.
Coticrnmity & Inctus~rial Developmexit .
Cotmcil Actian
Nk~tian by Alderman Ca.rl, second by Aldern~an Hantmnd, to reca~en.~ the approval
of spending $2 , 000 . 00 for Econamic Develop~a.zt . Rc~ll call , AXES : Aldermeri
Kovachevich, Hamm~zd, Savill, Sarff, ~~lorlanan, Carl, Ma.y, Horr. NAYS: Nane.
Nbtion carried. 8 ayes 0 na.ys 0 absent.
1~3
ap~~D JANLIARY 15TH, 1985
Negotiations, Grievance & Persrnmel.
Cotnlcil A~ction
Nbtion by Alderman Sarff, secand by Alderr.~z F~.~mrnzd we not participate in
the Juven.ile Work Release Progr~n. Discussion. Alderman 5arff sta.ted that
we ha.ve already 3 programs, and felt we did not ha.ve ~upervision where neces-
sary or the hours available. Voice vote, m~tian carried.
Motion by Aldernian Sarff, second by Alderman. ~-~.~mbnd, the cammittee reccmmended
that Personal days not used during ~he fiscal yea.r earned, ~aill not be paid, for
all city employees who do not have a cantract provic~.ing to the can~rary, and this
is retroactive. Roll call. AYES: Aldernnen Carl, Sarff, Savill, Hamrrmd, Kpvac-
hevich, NAYS: Aldemien Horr, May, GTorla~z. Nlpticm carried. 5 ayes 3 nays
0 absent.
(~NIlyUDTICATIONS Fl~M MAYt~R ED4JARDS . Gilbert Wheeler, a candidate for alderman
was recognized.
~ The mayor said he had received a letter along with a copy of a speech fram Jim
~ Wright House Miniority Lea.der fram Texas. The ma.yor is using scm~e of that speech.
(V "Build bridges...not walls,"
W OLD BUSIl~SS :
m
a A,GREE~IT - SHERMAN W. REED FOR WATER RATE. Second rea.ding, rea.d by title. Motion
by Aldern~an H~zd, second by Aldern~l Kova.chevi.ch, the a~ree2nent be approved and
the mayor and city clerk be directed to execute and deliver sarne. Roll call,
AYES : Alde~z Kc,vachevich, Na~mxmd, Savill , Sarff ,[~Torlrn~an., Carl , Ma.y, Horr .
NAYS: Nane. Nlotion carried. 8 ayes 0 nays 0 absent. Agreement being 455.
ORDINANCE - DEDICATING CERTAIN CITY OWNED RF~AL PROPERTY T0 Tf~ PUBLIC'S USE FOR
ROADWAY PURPOSES (CHESTNUr STREEI') . Second rea.ding, rea.d by title. This ordi-
nance dedicates the new Chestnut Street for one block, stated Mayor Edwards. N&~-
tion by Aldern~an Caxl, second by Alderman May, the ordinance be placed an its
passage. Roll call. AYFS: Aldermer~. Horr, Ma.y, CarT, tJorlanari, aaxff, Savill,
H~Zd, Kpvachevich. NAYS: Nane, 1~Iotion carri~d. 8 ayes 0 na.ys 0 absent.
Ordinance being ~E1045 ,
ORDINANCE - DEDICATING CERTAIN CITY OWNED REAL PROPF~TY TO THE PUBLIC'S USE FOR
RO~JWAY PU~2POSES (SECOI~ID AVEN[3E) . Second rea.ding, rea.d by title, Nbtion by
A1de~ I-Iprr, secand by Alclerman Wor~1, the ordinance be placed on its passage.
Rc~ll call , AYES : Aldermen K~vachevich, H~Zd, Savil.l , Saxf f, Worl~nan , Carl ,
May, H,orr, NAYS: Nrn~.e. Notion carri.ed. 8 ayes 0 na.ys 0 absent. Ordinance
being ~k1046.
ORDINANCE - RESCINDING ORDINANCE N[JMBER 996 , ENTI'Ti,ED :"AN ORDINANCE ADOPTIl~IG
TAX INCRII~.EI~TT FINANCII~ (AREA N[~'IBER. 'IL~O) A1~ID ABOLISHING CITY OF CAN'I'ON TAX
INQt~3~NT AREA NI,~IBER ZWO , Second rea.ding , rea.d by title . Motion by Alderman
Hainrrmd, second by Alderman Kovachevich, the ordinance be placed on its passage,
AYES: Aldermen Horr, May, Carl, Worlanan, Sarff, Savill, H~zd, Kovachevich.
NAYS : Ncme . Nbtion carried. Ordinance being ~~1047 . 8 ayes 0 na.ys 0 absent ,
ORDINANCE - DIREGTING TI~ EXCHANGE OF REAL PROPERTY BY AND BEZWEEN Tf-IE CIT.Y. OF
CANTON AND KAY B. DUNCAN AND NORMA L. DUNCAN. Secand rea.ding, rea.d by title.
Motion by Alderman H~rnzd, secand by Ald~erma.n Sarff, the ordinance be ~laced
an its pa.ssage. Rr~ll call. AY~S: Aldernnen Kovachevich, H~zd, Savill,
Sarff, Worl~nan, Carl, Ma.y, Horr. NAYS: None. Nbtian caxried. 8 ayes 0 nays
0 abse~nt . Ordinance being ~~1048 .
NEW BUSINESS:
RESOLUTION - STREET LTGHTING (4) ENTERPRISE DRIVE, 'INDUSTRIAL PARK. First reading,
Jim Malmgren City Attorney said a motion to amen.d it to incluc~e the rescissian o~
Resolution ~~1053~. Cliff Sa~aser Ci~y Engineer, said the first resolution was 400
watts sodiian vapor, an.d they said they couldn't put those up, because without a
special ann and a special reflector, because of the intensity and the largest
194
OONTINLJED JANLIARY 15TH, 1985
airo~t of illuninus on the light. The cost was to great, and had a one time
char~e.
Motion by Alderman Hammnd, secand by Alderm~z Worlanan, to amend by rescinding
Resolution ~~1053. Voice vote, ~ti~an carried.
Nbtion by Alde~z Worlm~an, second by Alderman May to adopt ~he resolutian
as am~nded, Roll ca.ll, AYES; A1denTben, Horr, Ma,y, Caxl, Worlan~n, Sarff.,
Savill , Ha~nand, I~vachevich. NAYS : None , r?oticm carried. Resoluticm being
~~1063. 8 ayes 0 nays 0 absent.
RESOLUTION - REIATING 'PO 1I~ CONIPUTATION OF VACATION T1AYS FOR CITY IIMPLOYEES .
First reading, read by title. Alderman Kovachevich raised a questicm to the
. 3rd paragraph of the resolutian, Lengthy discussian follawecl as to haw vac-
ations are earned and taken, Aldenn~n Carl said he ha.ted to v~te on an ordin-
ance where we dr~n't have a canvi.ction one way or the other. I have ta.lked to
lmawledgea.ble people this last week, and there's apparent confvsion aimng the
lmawledgeable people, I w~uld like to see us table the resolution to our next
~eeting to give us time ~o convince ourself one way or an.other,
Ma.yor Eckaards said the department heacls are going to ha.ve trouble gettir~g the
vacations in. Aldern~Z H~nd saic~ he's not sure tha.t 2 weeks wi.ll give us
time. Another meetin~ would have ~Co be held to take caxe of it,
Nbtian by Alderman Savill, second Aldern~n Carl, to refer this resolutian to the
Nlechanical Canmittee and invite all aldermen to the meeting, Voice wte, 2 nays
heard.
RESOLUTION - ESTABLISHING POLICY GUII~LINES FOR THE MAINTENANCE OF MILL STREET.
First reading, rea.d by title. Alderm~uz Hammnd said that paragraph 6 ca.lls for
the street to be clesignated as a camnercial alley, and goes on to say tha.t one
street lig~.t will be placed an that s~reet. Ma.yor Edwards said its in their be-
ca.use he asked the attorney to put it in their, And he said its my thinking
that conn~erci.a.l alleys are lighted.
Cliff Sa.gasger City En.gineer said that designating this as a carm~ercial alley
as such, sits it in a different state then alleys I think we treat cacrmercial.
Cliff said he looked at 2 alleys toda.y, and we always thou~,ht they ha.d alot of
comnercial use, and we treat them differently then a regular residen.tial alley.
There are no lights in the alley paid for by the city in those 2 alleys.
Jim Malm~ren City Attorney said Mill Street is a street, it is not an alley,
all this resolution says is it will be maintained as though is were a ca~xnercial
alley. In tern~s of street lighting its still a street. Unless by ordinance you
char~e that .
Cliff Sagaser City Engineer said that in paragraph (1) and (2) he totally disa-
grees with because its never been shaan to me that Mill Street is a steet and
also, it does not end in a cul-de-sac. Anc~ also, in the o1d plat I foLmd there
never has been a plat or ctrawing made that shaws the street going in any way
sha.pe or form to Avenue E. This particular ordinance says there's a eul-de-sac
there, and there isn't.
Aldernnari Worlanan sai.d this is the only entrance , or for that matter , the anly
exit into that street. We ~ake away their anly street light and dan't keep up
that entrance way and trea.t i~ like a cam~ercial alley, these people are goin,~
to be isolated.
AldermanHa~nmarZd reported that when we discussed ~Chis at cammittee, it was my
~derstanding that we weren't making deternnina.tion whether i~ was a street or
an alley, just simply for the maintenance of this area. and it wnuld be maintained
as a conmercial alley, not designating. We did not discuss putting back in
lig~its, in fact the discussion was if the light was needed, people could put
them in privately, I~n totally against at this point, of going back and putting
in street lights,
Mayor Eckaards said he requested tha.t a street light be placed in this area, mainly
because he felt ca~~ercial alleys axe lighted.
I~thy discussion follawed. '
Jim Ma.lmgren City Attorney said this resolutian dr~es not make it an alley, its
been a street an.d continues to be a street, tml.ess this coLmcil passes an ordi-
nance to change it. I don't ha.ve to check the records in Lewistawn, I ha.ve chec-
ked enough abstracts of title of the rea.l estate in that part of tawn to knaw
wha.t i~ is, 0~ street signs say its a s~reet, What priority does it have to
clear it of snow. We have no written policy on maintaining streets, It will be
mainta.ined as though it were a ccmmercial alley, if Chis resolutian is passed.
195
~~~D JANUARY 15TH, 1985
Aldern~n Hammnd said he resents ha.ving this resoluti.cm co~ning up with a street
light in it all of a sudden, when we nev~er discu~sed street lights, Our discus-
sian cent~red on the maintenance of ~his area.I have nr~ problem ~in,f; baCk. and
looking at that, and if the cle~erminatian is that, anc~ a street 1ig~t is needecl,
lets cb it.
Nlotion by Alde~nan May, tha.t we call this resolutioitia street and not an a11ey.
Ma.yor Edwards ruled the motion out of order, as a resolu~irm is an ~he floor and
has been rea.d.
Nbtian by Aldernnan Caxl, second by Alclern~an Horr, the resolution be adopted. Dis-
cussion. AldermanHanmand said that as far as I'm concerned T ha.ve no problems
with the light, or with maintenance, my recorrm~nda.tian would be to recanm~zd the
c1efea.t of this resolution, and simply ~et rid of the resolutian and trea.t the
street as a street, lets ma.intain it, if it needs a light put up a light. But
why the need for the resolution to trea.t it as a caim~ercia.l alley? Roll call,
AYES: Aldermen.Kovachevich, Savill, Worlanan, Carl, Ma.y, Horr. NAYS: Aldern~en
~ ~Iaa~mnd, Sarff , Nbtian carried 6 ayes 2 nays 0 absent . Resolutian being ~~1064.
~ ORDINANCE - AMEDTDING ORDINANCE N[A~4BER 1043 , ENTI'TL.ED :"AN ORDINANCE DIREGTING
N ACQUISITION BY OONDII~~TATION OF CERTAIN REAL PROPERTY." Secon
d rea. d
i n
g, rea. d by
W title. Jim Malmgren City Attorney said this ordinance is for the acquisitian of
m 2 permanent easements togather with 2 temporary canstruction ea.se~nents, which are
Q all set out i.n exhibi~ A, and e.xhibit B is the acquisitian of .116 acres.
H~opefully the owner will get around to agreeing with us.
Motion by Alderman Hazmm~d, second by Aldern~n Saxff, to suspend the rules for
passage of this ordinance, Roll call. AYES: Aldermeri Carl, Wor~n, Sa.rff,
Sa.vill, Ha~rnzd, Kovachevich, NAYS: AldermeYl Horr, May. Motian carried.
6 ayes 2 na.ys 0 absent.
Nbtion by Aldern~n Han~mnd, secand by Aldermati Sarff, the ordinance be plaeed on
its passage. Roll call, AYES: Aldeztnen Kovachevich, Hammnd, Savill, Sarff,
Worlanan, Ca.rl, Ma.y. NAYS: A1dem~n Horr. Nbtion carr:ied. 7 ayes 1 na.y 0 absent.
Ordinance being ~~1049.
EXECUTIVE SESSION - II~INENT, TRREATENED, PENDING LITIGATION. Nbtion by Alderman
Kovachevich, secand by Alclerma~i Worlanan, to g;o into executive sessian. Roll call.
AYES: Alclern~ri Horr, 1~1ay, Carl, Wor~anari, Sarff, Savill, H~mm~d, Kova.chevich. NAYS:
None. Nbtion carried. 8 ayes 0 na.ys 0 absent.
Co~cil went into e~ecu~ive session at 9:18 p.m.
The executive minutes are on file in the office of the city clerk,
AI~TOURIVNIF.~1T: Motion by Alderman Hammnd, secand by Alde~z Sarff, to adjourn,
Voice wte,mr~tion carried. Covncil adjourned at 9:52 p.m.
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APPROVED . ; ~
YOR