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HomeMy WebLinkAbout07-02-1985 Council Minutes zso A regular meeting of the Canton City Council was held on July 2nd, 1985 in Council Chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLO~^1ED BY THE INVOCATION GIVEN BY CITY CLE~.K NANCY WHITES. Mayor Edwards asked for roll call at 6:30 p.m. Present: Aldermen Kovachevich, Zilly, Falcone, Sarff, Work~cnan, Bohler, May, Chaprnan. Absent: None. L1oyd Williams of the Fire & Police ComJ.nis~ion pre~ented a plaque to Mrs, John Yerbic, in memory of h~r husban~. John, for the service he had rendered to the City. John was serving on the Fire & Police Commission upon his death, he had also been a former alderman. COMMUNICATIONS FROM CLTFF SAGASER - CITY ENGINEER, Cliff talked with Don Gurus of the I1linois Commerce Commission. They discussed the railroad crossing on Elm and Pine Street. Since the city had made it a 2-way street, the city is wanting them to pu~ arms back on at the crossing, to accomodate the 2-way street. Informational: Were priming cer~ain streets in preparation for the seal and chip work, which will begin July 8th. Following that, the sand seal part of the MFT work will be commencing. As soon as that's completed we hope to put the T-11 which is a thicker layer material, on Vine Street. We then move to the First Avenuerailroad crossin~. The last item of this year's work is the improvement on Avenue D and the Sante Fe Railroad, but we don't plan on doing that until at least 30 days from noia. The new garbage truck has broken down, the transmission went out of it. We took it to Springfield, and the warranty on the tranmission ran out 2 days after that, so the transznission will be ~eplaced on the warranty. Cliff does not feel the truck was abused. Mayor Edwards suggested buying a warranty on the new transmission. Mayor Edwards also wants the Street & Garbage Committee to look into the incentive of the department, getting done early and going home early. The City Code calls for a very strict requirement on signs. The Siesta Motel's manager ordered 2 of his employees to put up a sign across from the Hilltop Motel, west of the city property on Locust Street. Our code requires that no signs be placed on public property. The only way they can put a sign up in the area they were wanting, is to put it north of the existing sign. The existing sign is on the very north edge of the private right-of-way. And the only way they can place the sign there is receive council permission. If you give permission we still have to get permission from IDOT to put the sign on their property. The sign is 3x5 and stands 17 fee~ high. ~ao employees of Motel Siesta attended the meeting and asked for permission to place the new sign across from Motel Siesta, as they are needing advertisement. Cliff suggested they place signs on all four entries into Canton, as long as its on private property. Motion by Alderman Sarff, second by Alderman Zilly, we abide by existin~ ordinances and do not allow for the private signs on public access. Voice vote, motion carried. Informational: All the final changes that Cliff has record of, and were made by his office during the procuring of all the easements for the sewer project, were mailed to the engineer today. Were behind in the mowing of grass in the community that we normally mow. The reason being we don'~ have a mowing machine in the street department, we have been using the sewer department's mower. The striping of the streets have been almost completed for the activities this week for the 4th of July celebration. ~s~ CONTINUED JULY 2nd, 1985 The computers are all in place downstairs, the cabinets were built by Ray Hartle and he done an outstanding job on them. Was given verbal notice from the zlTinois EPA that the permit will be issued on the sewer project in the Tndustrial Park. PUBLIC HEARING - APPROPRTAT~ON ORDTNANCE 7:00 P.M. Motion by Alder- man Sarff, second by Alderman Workman to adjourn this portion of the council meeting to hold a Public Hearing. Voice vote, motion carried. Council adjourned at 7:00 p.m, Purpose of the Public Hearing was to have written or oral comments on ~Che Appropriation Ordinance. PUBLIC was asked for comments, no comments were made. COUNCIL was asked far comments, no comments were made. ~ Motion by Alderman Falcone, second by Alderman Sarff ~o close the Public Hearing. Voice vote, motion carried. Council returned to ~ regular session at 7:01 p.m. N W COMMITTEE REPORTS: m Public Safety & Traffic. Q Council Action None. Informational: The ESDA report involved the mock disaster drill held on June 20th and reported alot of valuable information was gleaned from the disaster drill. , The committee discussed and recommended a parking change on 7th Avenue, and it is being referred to the Legal & Ordinance Committee. Street & Garbage. Council Action None. Lake, Building & Grounds. Council A~tion Alderman Falcone reported that it was recommended that the city attorney research the agreemen~ of the Banner property the city owns to see if the city can dona~e land to the Illinois Fish & Game Club for a boat dock. Jim Malmgren City Attorney answered that the conveyance to the city was by quit-claim deed. And I do not recall that their were any restrictions on it. If there were any restrictions that were placed on it, it would be null and void as against public policy anyway. My reaction to the whole thing is I question why you would want to give 2 acres away? Why not give them a 50 year lease or a 99 year lease. Motion by Alderman Chapman, second by Alderman Workman, to instruct j the staff to negotiate the details and bring them back to the council. Voice vote, motion carried. 1 nay heard. Public Works, Water & Sewer, Council Action None. 262 CONTINUED JULY 2nd, 1985 COMMUNICATIONS FROM MAYOR EDWARDS. Received a letter from Inter- national Association of Fire Figh~ers concerning the Supreme Court rulings on Fair Labor Standards Act. Tt concerns the payment of overtime compensation. Ma.yor Edwards will see that a meeting is held for discussion on this issue. Recommending to the Street Committee that we buy a mower, because of the complaints. Copy of the report covering the recent examination of the Fire- fighters Pension Fund has now been filed as an official record of the Department of Insurance. "Action 5" is starting their celebration in Jones Park. Motion by Alderman Falcone, second by Alderman Sarff, to waive the $30.00 fee to the Chamber of Commerce for a Class F liquor license. Roll call. AYES - Aldermen Chapmatt, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich. NAYS - none. Motion carried. 8 AYE3 0 NAYS 0 ABSENT. OLD BUSINESS: ORDINANCE - PROVIDING FOR THE LEVY OF A SERVICE CHAF~GE TO BE COLLECTED FROM PERSONS, FIRMS, AND CORPORATTONS RECEIVING GARBAGE SERVICE IN THE CITY OF CANTON. Second reading, read by title. Jim Malmgren City Attorney said this ordinance is amended by adding paragraphs 3, 4, 5, 6 and 7. It was designed to be as compatible as possible with the billing system presently enforced in the Sewer & Water Department. Also, hopefully enough flexibility was written into it so that if some other billing arrangement wants to be made, can be made. I'm s sure you'll be wantin~ at future dates to make future amendments to it. Pat Wright City Treasurer said as she reads this the ordinance reads as an Enterprise Fund, the same as your Water & Sewer Fund. She said she checked with the auditors and they didn't feel you would have to have the additional fee as a Enterprise Fund. Motion by Alderman Falcone, second by Alderman Sarff, the ordinance be sent back t~ the Legal & Ordinance Committee. Voice vote, motion carried. RESOLUTION - REGARDING ACCESS TO PRIVATELY OWNED INDIVIDUAL SYSTEMS. First reading, read by title. Jim Malmgren City At~orney said this was part of the packet of ~hose resolutions passed at the last council meeting, it was just not voted on separately. Motion by Alderman Sarff, second by Alderman Chapman, the resolution be adopted. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, [~Torkman, Bohler, May, Chapman. NAYS - none. 8 AYES 0 NAYS 0 ABSENT. Resolution being ~~1090. NEW BUSINESS: ORDINANCE - ANNUAL APPROPRIATTON. First reading, read by title. RESOLUTION - APPROVING A"STIPULATION AND AGREEMENT BETGTEEN THE CITY OF CANTON AND THE COUNTY OF FULTON AT PROPERTY LOCATED AT 59 WEST OAK," CANTON, ILLINOIS. First reading, reacl by title. i;; Jim Malmgren City Attorney said that this resolution and the one that follows, each of them approves a stipulation and agreement. Each of the stipulations and agreements are identical. These are 2 of 4 properties that you had instructed me to ask the state's attorney to condemn. Once you approve stipulation and agreement the state's attorney will take final action and will obtain the necessary court order, Once the court order is entered the county, pursuant to this agreement, assigns all their righ!t,title and in- terest over to the city. The city will be in position to let for bids on the demolition of these properties, Upon demolition to file a lien against the proper~y to try and recoup the expenses. R.oll call, AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich. NAYS - none. Motion carried. 8 AYES 0 NAYS 0 ABSENT. Resolution being ~~1091. ~ ~ e7 CONTINUED JULY 2nd, 1985 RESOLUTION - APPROVING A"STIPULATION AND AGREEMENT" BETWEEN THE CITY OF CANTON AND THE COUNTY OF FULTON PERTAINING TO THE PROPERTY LOCATED AT 1016 EAST ELM STREET, CANTON, ILLINOIS. First reading, read by title. Motion by Alderman Sarff, second by Alderman May, the resolution be adopted. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, Bohler, May, Chapman. NAYS - none. Motion carried. 8 AYES 0 NAYS 0 ABSENT, Resolution being ~~1092. RESOLUTION - APPROVING AN AGREEMENT BETGJEEN THE CITY OF CANTON AND FULTON COUNTY PELLETTTNG, AND DTRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID LOAN AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. First reading, read by title. Jim Malmgren City Attorney stated that it's a loan of $99,999. .for a period of 5 years. JohnWagner representing the Pelletting Company raised a question where it says that your note calls for the first payment being due December lst, 1985, and this loan will probably not be funded until ~ October 1st, 1985. Our negotiation was 6 mor~ths after a period of time, and I think it's negotiable. ~ On page 12...paragraph E, your asking for written proof of a cash (V balance of at least an additional $400,000 on and, and dedicated W solely ~o the use and purpose set forth in the borrower's ~ loan application. John Wagner said that we agree in principle, your Q objective is we put a plant in here and hire the people we say were going to hire. Our busin,ess is good right now, and we may not need that $400,000 right now, I would like for that to read instead: proof that the plant will be established within ~he prescribed area. Mayor Edwards said he knew why that was in there, from the lLoan Committee you were borrowing 1/5 of what you were needing from the city. Jim Malmgren City Attorney said he would recommend that we keep the language substan.tialiy_.as it is but add morelanguage to it to make provision that you really have 2 alternatives. 1) commit from a lender to the sum of $400,OOQ; 2) or $400,000 cash on hand; 3) or ~ equipment and equity equal to $400,000. Alderman Kovachevich asked if we had 133% collateral? Jim Malmgren City Attorney replied that Mr. Wagner would say that they have in excess of that. The committee in discussion has assumed that in a worse case scenario, which is a forced immediate liquidation of the collateral. Mayor Edwards said the appraised value of the 2 pieces of property, the one in Illinois is appraised at $185,000; the Wisconsin property is appraised at $187,000. Jim Malmgren City Attorney said he had made the following changes on page 12 paragraph E,..Sth line eliminate the word "alternatively." And at the end o~ th.e sen~Cence add... or that borrower provide proof of equipment, and, or, other equity minimally equally $400,000 in value or, other values sufficient to fulfill the business plan and loan application submitted to lender by borrower. John Wagner said we grind, mix and pelletize anything that is non- recycleable, anything that would normally go to the land fill. Normally cardboard, paper, cardboard paper, fluff from car wreckers, all kinds of by-products, we receive them free of charge, or, we are paid to take it. It's pelletized and goes into a variety of products. One product is one inch and 3/25's by five inch pe11e~ that's colored red and has a pine scent that is to be burned in home heating stoves and fireplaces. We will employ about 30 employees. We have no odor, no smoke, or dust. We will be paying $3.50 to $5.50 an hour, depending on the type of job they hold. Motion by Alderman Falcone, second by Alderman Chapman, the resolution be adopted as amended. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone, Zilly. NAYS - Alderman Kovachevich. Motion carried. 7 AYES 1 NAY 0 ABSENT. Resolution being ~~1093. ~64 CONTINUED JULY 7_nd, 1985 RESO~:UTION - APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON & THE ' IL,E~~IVIRONI~ZENTAL F~OTECTI;~I~I.AGFNC~' AND DTRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT. Second reading, read by title. Cliff Sagaser City Engineer reported ~hat their concern is that during times of low pressure on the force main the pipe could collapse. That's an impossibility because otherwise the water line would also collapse if we shut it off. We didn't win with this agreement, so ~ae've agree to comply with their require- ment. And what will be doing is taking the backhoe, working about 7 days, digging along side of the existing forcemain and not dis- connecting it at all, taking the forcemain and laying it on sand that we will place in the trench. Getting the distance between the 2 pipes about 4 feet. Cost estiznate at about $400 for sand and 2-22 men working, 7 days. Motion by Alderman Sarff, second by Alderman Falcone, the resolution be adopted. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, Rohler, May, Chapman. NAYS - none. Motion carried. 8 AYES 0 NAYS 0 ABSENT. Resolu~ion being ~~1094. RESOLUTTON - APPROVING AN AGREEMENT BETWEEN THE CTTY OF CANTON AND ASSOCIATED MUNICIPAL CONSULTANTS AND DIREGTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT. First reading, read by title. Mayor Edwards said this resolution has a$5,000 fee in it for preparing and selling the bonds, Motion by Alderman Sarff, second by Alderman Falcone, the resolution be adopted. Discussion. Alderman Falcone asked what were these bonds for? Mayor Edwards said they were ~or our portion of the sewer project which is coming up. We sta~ll have $1,650,000 worth of bonds to be sold, out of the 2 million bond issue. We've only sold $350,000 to pay for the design. Roll ca11, AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich. NAYS - none. Motion carried. 8 AYES 0 NAYS 0 ABSEIV'T. Resolution bein~ ~~1095. EXECUTIVE SESSION - THREATENED, IMMINENT & PENDING LITIGATION; PERSONNEL. Motion by Alderman Sarff, second by Alderman Bohler, to go into executive session. Roll call, AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, Bohler, May, Chapman. NAYS - none. Motion carried. 8 AYES q NAYS 0 ABSENT. Council recessed at 8:14 p.m, The executive session minutes are on file for review in the office of the city clerk. ADJOURNMENT: Motion by Alderman Sarff, second by Alderman FAlcone, to adjourn. Voice vote, motion carried, Council adjourned at 8:58 p.m. G . CT CLERK APPROVED . ( ~ MAYOR