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HomeMy WebLinkAbout04-06-1982 Council Meeting Minutes 235 A regular meeting of the Canton City Council was held on April 6th, 1982 in Council Chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY CITY CLERK NANCY WHITES. Mayor Edwards asked for roll call at 6:30 P.M. Present. Aldermen Kovache- vich, Hammond, Savill , Sarff, Grant, Carl , Clarke, Horr. Absent: None. MINUTES OF MARCH 17TH MEETING. Motion by Alderman Hammond, second by Alderman Sarff, the minutes of March 17th meeting be accepted and placed on file. Voice vote, motion carried. COMMITTEE REPORTS: Public Safety & Traffic. Council Action None. Street & Garbage. e� Council Action Ur None. Q Lake, Buildings & Grounds. Q Council Action None. Public Works & Water. Council Action None. Informational : Representatives from the City of Cuba have been invited to the Mechanical Committee Meeting on April 22nd, to discuss them purchasing water from the City of Canton. COMMUNICATIONS FROM CLIFF SAGASER - CITY ENGINEER. Cliff informed council of the on-going problem with Kentucky Fried Chicken. It has cost the city money because of their grease going into our sewer system. He wants to send them a letter giving them notice that within 60-90 days to install a grease trap. The city's building code requires them to hook on to a septic tank between their grease trap and our sewer system, thus assuring that no more grease will get into our sewer system. Motion by Alderman Kovachevich, second by Alderman Hammond, that 60 day , notice be allowed for Kentucky Fried Chicken to eliminate the problem of grease going into the sewer system. Voice vote, motion carried. The City Engineer Cliff Sagaser and Alderman Larry Sarff, attended the council meeting of the City of Farmington, as they are interested in purchasing water from the City of Canton sometime in the future. The Burroughs Company have not made the proper changes in our billing machine to bill the water and sewer accounts for next Monday as we had planned. They were asked to do this over a month ago. The Burroughs Company "farm out" this type of programming. They have a firm in Matoon who can do it at a cost of $625.00, and mileage at $.25 per mile, and be done by Monday. Discussion. Motion by Alderman Sarff, second by Alderman Savill Cliff Sagaser City Engineer go ahead and nake necessary arrangements at the cost of $650.00 and mileage at $.25 per mile. Discussion. Alderman Hammond wants the question answered as to why they (Burroughs) didn't make the necessary changes when they told the city they could make them and by the deadline the city gave them. Roll call . AYES: Aldermen Horr, Clarke, Carl , 236 Continued April 6th, 1982 Grant, Sarff, Savill , Hammond, Kovachevich. NAYS: None. Motion carried. 8 ayes 0 nays 0 absent. Jim Malmgren City Attorney gave the following report on the Herrin Const- ruction, which had been awarded the bid for the city's Lime Bin Slaker. The city received a letter from Herrin Construction Company dated March 16th, 1982 indicating that due to the economic situation they were going out of business. We were able to stop payment on a $3,600.00 check that had been sent to them. The next day we had received notice from a bonding company that they were cancelling a bond which had been posted on behalf of Herrin Construction Company. It did not identify the bond, and we assumed it was the performance bond. Investigation into that has indicated it was not the performance bond. There is a valid performance bond in the amount of $100,340.00 yet in effect with Capitol Indenmity Corporation out of Madison Wisconsin, who is corporate surety on the bond. There local counsel from Peoria has had several discussions with the city attorney, city engineer and Crawford, Murphy & Tilly. Briefly what is going on is that the bonding company is in the process of attempting to get the second low bidder on this job, and in this case the low bidder was General Piping Corp. in E. Peoria, and to pick up where Herrin Construction Company has left off, and using the same sub-contractors that Herrin Construction had lined up. General Piping Corp. is desirous of obtaining this contract and if they could make use of what the sub-contractors have done, then every ones damages would be held to a minumum. The city attorney stated that he was not aware of any agreement that General Piping Corp. and the bonding company have made at this time. If the General Piping Corp. does the work and are willing to keep the sub- contractors, damages would be around $2,000.00, if not, it would be close to $10,000.00. In either event we would be covered by the bonding company and they would be responsible for any damages, and not the city. The bonding company as a matter of law, has the primary right to say whose going to do the job in place of Herrin Construction Company. The city has some control , and that being the cost. Discussion. Jim stated that we do not have to go thru the re-bidding process as that's already done and the bid awarded and now a default on the bid. The corporate surety on that performance bond is responsible. The city will have some control , but not the majority as considered by law. Cliff Sagaser City Engineer reported that he and the contractor for the N. Main sewer project and another city employee Cliff O'Brien looked into the manholes and our sewer system. Based upon what he found searching back thru specifications a letter is half edited and will not leave his office until the city attorney checks it over. Rick Walraven a draftsman has been hired to work on the Hud Project on a part-time basis. COMMUNICATIONS FROM MAYOR DONALD EDWARDS. Mayor Edwards ask some young people to come to council , and he plans to continue this practice and has ask Mr. Ben- son from the school district to give us a list of organizations of young people who might be interested in city government. Tonight the Ingersoll School Wrestlers who participated in the State Wrestling Tournament held in Bloom- ington were introduced by coach John Gerber. Lawrence Dutton was introduced as the new Waste Water Supt. Sgt. Stokes the new Army Recruiting officer for Canton was also introduced. Mayor Edwards informed council of the death of former Police Chief James Elam. OLD BUSINESS: NEW BUSINESS: 237 Continued April 6th, 1982 RESOLUTION - MAINTENANCE OF STREETS - MOTOR FUEL TAX $100,000.00. First reading, read by title. Motion by Alderman Clarke, second by Alderman Horr the resolution be adopted. Roll call . AYES: Aldermen Kovachevich, Hammond, Savill , Sarff, Grant, Carl , Clarke, Horr. NAYS: None. Motion carried. 8 ayes 0 nays 0 absent. Resolution being #932. Alderman Hammond was granted permission to leave the council chambers at 7:07 P.M. ORDINANCE - AMENDING CHAPTER 1 TITLE 5, RESTRUCTURING THE CITY OF CANTON FIRE DEPT. ORDINANCE - AMENDING CHAPTER 1 , TITLE 6, RESTRUCTURING THE CITY OF CANTON POLICE DEPT. Alderman Carl reported that a tentative agreement had been reached with the Police and Fire Departments and recommended tabling action �. on these two ordinances. Motion by Alderman Carl , second by Alderman Clarke, the ordinance restructuring the Fire Dept and the ordinance restructuring the Police Dept be tabled until the next scheduled council meeting. Discussion. Roll call . AYES: Aldermen Horr, Clarke, Carl , Grant, Sarff, Savill , Kovachevich. NAYS: None. Motion Q carried. 7 ayes 0 nays 1 absent. Q RESOLUTION - ESTABLISHING TEMPORARY PAY FOR ROBERT BROWN. First reading, read by title and dollar amount by hour. Motion by Alderman Carl , second by Alderman Clarke, the resolution be adopted. Discussion. Police Chief Robert Molleck stated that their allowed two 60 day appointments for one calendar year by state law. Roll call . AYES: Aldermen Kovachevich, Hammond, Savill , Sarff, Grant, Carl , Clarke, Horr. NAYS: None. Motion carried. 8 ayes 0 nays 0 absent. Resolution being #933. ORDINANCE - AMENDING TITLE 8, CHAPTER 11 , PUBLIC CAMPGROUNDS AT LAKE CANTON. First reading, read by title. Referred back to the Legal & Ordianance Committee , because of decrepancies in the charge of $3.50 or $3.00. Alderman Hammond returned to the meeting at 7:15 P.M. Alderman Horr reported that at no cost to the city a representative of ESDA will come to the meeting of Public Safety & Traffic on Thursday at 6:30 P.M. and review the disaster plan. Alderman Sarff asked about Gabby Days and was told it was to be brought up in committee. Also, Alderman Sarff asked about the city auction, and Jim Malm- gren City Attorney, said they would need a ordinance to have a city auction. No date has been set yet for that auction. The city engineer hopes to have a date by the next council meeting. Cliff Sagaser wants to put a "no parking" sign at the storm sewer in front of Spoon River Ambulance, so it can drain. The Chief of Police has the autho- rity to do this temporarily, and the city attorney thought the city engineer also has this authority. Mayor Edwards gave the city engineer permission to do so. Motion by Alderman Kovachevich, second by Alderman Clarke the council go into executive session. Roll call . AYES: Aldermen Horr, Clarke, Carl , Grant, Sarff, Savill , Hammond, Kovachevich. NAYS: None. Motion carried. Council went into executive session at 7:20 P.M. for the purpose of purchasing four parcels of land or condemning. Council went into open session at 8:34 P.M. for the purpose of adjourning. ADJOURNMENT: Motion by Alderman Clarke, second by Alderman Hammond to adjourn. Voice vote, motion carried. Council adjourned at 8:35 P.M. CIT CLERK APPROVED. -r- C-�-�=����`-� MAYOR 238 EXECUTIVE SESSION APRIL 6TH, 1982 THE PURPOSE FOR THE EXECUTIVE SESSION - PURCHASING FOUR PARCELS OR CONDEMNING. Bob Reed Community Development Director gave the following report on the houses as to date. 1 . 559 E. Elm Street - Owner will accept $10,500.00 2. 536 South First - Mr. Riley will accept $12,000.00 3. 256 South 5th - Mr. Riley will accept $15,000.00 4. 1016 E. Elm Street - Mr. Riley will accept $17,000.00 Each of these minimalacceptable figures is over the 10% that the City has semi clearance to offer with justification. It's Bob Reed's judgement that HUD will accept most justifications. If the city wishes to go beyond 10% you can go one of two ways. Send documentations to the regional office in Chicago and HUD will make comments. Or, you can decide to proceed on your own, if you feel justification for going beyond the 10%. With this in mind Mr. Reed's recommendation is to accept Mr. Marinich price which is $600.00 beyond the 10%. The other 3, Mr. Reed's basic recommendation . . . they are all over fair market value and have given no indication of coming down, Mr. Reed is recommending condemnation. If the city goes over the 10% the city is responsible for the rest of the monies. Jim Malmgren City Attorney reported that in March of 1976 the council passed an ordinance which purpose was to hold a public hearing upon the purpose of should we establish a conservation area and conservation board upon the City of Canton. In May of that year after the public hearings, there was created by ordinance the authority conservation board. Basically its a delegation by appointment from the council the creation of a five member in whom the sole power is invested to determine what area or areas of the municipality are blighted area or conservation areas. Once that determination is made, they than have the soul authority to determine which house or houses are to be torned down. They then have to give notice to the owner, the owner has a right to a hearing before that board, if he 's going to object. If they can' t get things straighten out between them, they then and only then does the conservation board have the power to institute emminent domain proceedings to acquire the property by force. The mayor feels that the city did away with the conservation board, but Jim Malmgren City Attorney, could not find any index in the city's files indica- ting that it was done away with by ordinance, which is required. Jim did not feel that the city would have to go thru the whole procedure and he doesn't feel we would have to hold public hearing to recreate the con- servation board. But the mayor would have to make some new appointments. The only power you would have is the mayor would have the power to evoke the office of chairman from that board. The only way you can condemn property, is, there is a possibility that you can go in and condemn it as abating a nuisance. The only other manner of control is that you can terminate the conservation board by an ordinance. If the city implements it you can take back what you've given. 239 EXECUTIVE SESSION CONTINUED APRIL 6TH, 1982 Motion by Alderman Clarke, second by Alderman Sarff, the director of Community Development to invite Mr. Marinich to make an offer, and also, direct the director of Community Development to question the HUD department as to the other two houses to see if they would qualify under the program for acceptance. Voice vote, motion carried. Executive session adjourned and council went into open session for the purpose of adjournment. ADJOURNMENT: Motion by Alderman Clarke, second by Alderman Hammond to adjourn. Voice vote, motion carried. Council adjourned at 8:35 P.M. Q CITY[CLERK APPROVED. MAYOR