HomeMy WebLinkAbout12-04-07 Canton City Council Meeting Minutes
A regular meeting of the Canton City Council was held in Council
Chambers on December 4, 2007.
PL.EDGE OF ALLEGIANCE OPENED THE MEETING, FOLLOWED
BY THE INVOCATION GIVEN BY NANCY WHITES, CITY CLERK.
Mayor Heinze asked for roll call at 6:30 p.m. AYES – Aldermen Eric
Schenck Joe Berardi, Larry Sarff, Craig West, David Nidiffer, Jason
Strandberg, Sonya Lewis. Absent: None.
Other council members present: Mayor Rodney W. Heinz, City Clerk
Nancy Whites, City Treasurer Kathy Luker, City Attorney Chrissie Peterson,
Police Chief Jeff Fritz, Fire Chief Bonnie Cremer, Public Works Director
Cliff O’Brien, Wastewater Treatment Supt. Joe Carruthers, Water Treatment
Supt. Greg Pollitt, Maurer Stutz Inc. engineer Keith Plavec, Video Services
by Joe Ginger.
Those in the audience: News media of John Froheling from Daily Ledger,
Mark Bixler from WBYS and Denise Bankes. Also in the audience was
Attorney Nancy Shell, Dick VanRosssem, Warren Skinner, Roy Keith, and
one unidentified young lady.
TH
MINUTES OF NOVEMBER 20, 2007 COUNCIL MEETING.
th
Motion
and second by Aldermen West/Sarff, the minutes of November 20,
2007 Council meeting be accepted and placed on file. The motion carried
by voice vote, and was unanimous.
TH
MINUTES OF NOVEMBER 27, 2007 MECHANICAL
COMMITTEE MEETING. Motion
and second by Aldermen
th
Lewis/Strandberg, the minutes of November 27, 2007 be accepted and
placed on file. The motion carried by voice vote, and was unanimous.
COMMITTEE REPORTS:
Public Safety & Traffic.
Council Action
None.
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COUNCIL MEETING
Tuesday December 4, 2007
Streets & Garbage.
Council Action
None.
Lake, Buildings & Grounds.
Council Action
None.
Public Works, Water & Sewer.
Council Action
None.
COMMUNICATIONS FROM MAYOR HEINZE-
Good News.
Mayor Heinze reported that in 1865 William Boothdecided to
follow Jesus example by leaving his comfortable profit and taking his gospel
mission to the poor, the homeless, the hungry and the down-trodden on the
streets of London. Then he started his own church where everyone was
welcome. Now, some 142 years the message is exactly the same. In
Canton we have our Salvation Army Branch. They help people in need.
The Salvation Army does food baskets each Christmas. Last year they fixed
food baskets for 432 families and 666 children. This year those numbers
have increased by about 10%. Food baskets requested are 473 families, 769
children. Main source of income is the Red Kettle Program. Last year
council competed with WBYS to see who could raise the largest amount of
money. And as expected the City Council won by about 2 to 1. WBYS
raised $211.00 and the City Council raised $421.00. In July B.J. Stone
arrived as the new manager of WBYS. We decided to do again this year.
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COUNCIL MEETING
Tuesday, December 4, 2007
WBYS beat the City Council about 5 to 1. WBYS raised $1,000 and the
City raised $200. This is the reason more baskets are being raised this year.
Helping from the city was Aldermen Sonya Lewis, Jason Strandberg, David
Nidiffer, Eric Schenck, Craig West. Randy Bump had come out to tell the
City Council members that they were beat as she had counted some of the
funds. B.J. Stone mentioned who helped from WBYS, and said he
appreciated the challenge this year. B.J. recognized Erin Stremmel, Tina
Myers, Jenny Beekman, Barbara Howard, Ram Mendez, Lance Brooks, Bill
Mitchell, Tony Engbrook, Leon Groover, Mark Bixler. B.J. Stone thanked
the city and the Salvation Army.
David Bump
, Captain of the Salvation Army said this will become an
annual event. Dave had found a big bell that goes to the team that won this
year by WBYS. This year each of those ringing bells between the City
Council and WBYS will each receive an ornament. William Booth sent a
telegram and used one word. The one word was “others.” The cause of
Jesus was also driven by others. We are doing for others by the baskets we
will being doing this year. We’ll be able to help “others” by those in the
community that are willing to ring bells and willing to trust the army by
sending a donation. We’re here 365 days a year helping those come for food
baskets, rent or utilities, and were able to help because of individuals like
you. Dave thanked the WBYS and the City Council members and all in the
City who helps “others.” And then he thanked the wonderful town of
Canton.
Mayoral Appointment. Motion
and second by Aldermen Schenck/Sarff,
the appointment of Police Chief Jeffrey Fritz and Diana Tucker to the
Insurance Committee be confirmed.
The motion carried by voice vote, and was unanimous.
Motion
and second by Aldermen Sarff/West, the appointment of Auxiliary
Officers of Jordan J. Sale, Jolena O. Trone, Joshua M. Wages be confirmed.
The motion carried by voice vote, and was unanimous
.
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COUNCIL MEETING
Tuesday, December 4, 2007
OLD BUSINESS:
ORDINANCE – ABATING ALL OF THE BOND LEVY FOR THE
2007-2008 FISCAL YEAR ($26,430,000 PRINCIPAL AMOUNT
ALTERNATE REVENUE BONDS SERIES 2005).
Second reading,
Motion
read by title. and second by Aldermen West/Sarff, the ordinance be
placed on its passage. Roll call. AYES – Aldermen Lewis, Strandberg,
Meade, Nidiffer, West, Sarff, Berardi, Schenck. NAYS – None. 8 AYES,
0 NAYS, 0 ABSENT. Motion carried. Ordinance being #1915.
ORDINANCE – ABATING ALL OF THE BOND LEVY FOR THE
2007-2008 FISCAL YEAR ($1,150,000 PRINCIPAL AMOUNT
ALTERNATE REVENUE BONDS SERIES 2002).
Second reading,
Motion
read by title. and second by Aldermen Sarff/Lewis, the ordinance
be placed on its passage. Roll call. AYES – Aldermen Schenck, Berardi,
Sarff, West, Nidiffer, Meade, Strandberg, Lewis. NAYS – None. 8 AYES,
0 NAYS, 0 ABSENT. Motion carried. Ordinance being #1916.
ORDINANCE – APPROVING THE IMPLEMENTATION PLAN FOR
GOLFVIEW VILLAS PLANNED UNIT DEVEVELOPMENT, AND
AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO
PROVIDE ACCESS TO WATER AND SEWER FOR LOTS 1
THROUGH 24 OF THE GOLFVIEW VILLAS-SECTION ONE, AT
THE CITY OF CANTON’S EXPENSE.
Second reading, read by title.
Motion
and second by Aldermen Sarff/Nidiffer, the ordinance be placed on
its passage.
DISCUSSION:
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Alderman Strandberg commented, already its obvious that it’s a
touchy issue with many of us. I’ll speak, as I have a problem that this
issue I have more time on agonizing over this and others feel the same
way. Have a couple of problems with the ordinance. 1. Does bother
me Country Club and LLC are just in such a hurry? In the long run
it’s a good project for the community. Anytime we develop new
homes we invite people in, which is an excellent idea.
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COUNCIL MEETING
Tuesday, December 4, 2007
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2. There asking us for funds. I believe city council members has the
task be very careful and caution with people’s money. Does not think
the city should hinder the development. Cypress Street is a separate
issue. If the LLC wants water & sewer the City should let them!
Also my problem, last week, I’ll take as much responsibility for this,
several wanted to say something and did not! My biggest problem last
week, I don’t consider this as an attack and don’t mean it as one.
Alderman Berardi had said this $57,000 is peanuts more than once.
Anyone watching the last meeting, I don’t believe this $57,000 is ever
peanuts. Also we don’t have a developer knocking on the doors. We
have some City Council members that believe it is their job to micro
manage everything that goes on in town. I absolutely disagree with
this philosophy. My problem, we have to do something in Canton
since we refuse to shift how we think about our community if we want
to grow and invite people into this community. The City Council
should work with developers. There asking for $57,000, and what
does the city get in return? We may get houses out here. We may not!
What else do we get? Nothing! Sidewalks, curbs gutters, as these will
be issues will have to deal with later. I’m not sure where the
ordinance stands, as I don’t want to send it back to committee. I
believe we need to work with developers, not for them, but if we give
them $57,000 we are setting precedent. I don’t see yet, why we should
fork over $57,000?
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Alderman Sarff said he agreed to most of what Alderman Strandberg
stated. Cypress Street is a value to the City. I did not know the
Country Club owned Cypress Street and now have turned the street
over to the City. The unknown cost all those years could of happened
on Cypress Street that would have led to a liability for the Country
Club and the City of Canton. Those bullets have been budgeted in the
past. It’s and unknown. The city owns the street and it’s a value.
And we look at each one of these on a case by case basis. Some may
be worth putting $57,000 into. That is why I’m voting for it!
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COUNCIL MEETING
Tuesday, December 4, 2007
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QUESTION:
Alderman Schenck said Alderman Strandberg provided
some discourse as to the debate on the motion. Alderman Schenck
then asked for Alderman Strandberg on how he would propose the
motion at hand?
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ANSWER:
Alderman Strandberg answered, send the ordinance back
to council for more discussion.
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QUESTION:
Alderman Schenck said the motion has been made, are
we going to vote down this ordinance? How do you propose to send
back to committee or council?
ANSWER:
Mayor Heinze answered, its going to have to be
amended, and a motion and second is on the floor, or motion
withdrawn.
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QUESTION:
Alderman Schenck ask if the vote is “no,” what is the
course of action?
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ANSWER:
City Attorney Chrissie Peterson answered, would go
back to committee and the ordinance would be for first reading.
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QUESTION:
Alderman Berardi said to excuse him from
interrupting, as he wanted to interject the following question! If we
vote it down we can’t bring back for 30 days?
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ANSWER:
City Attorney Chrissie Peterson answered, that is correct!
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ISSUE:
Alderman Schenck said, what ends up with, is a situation if
we had a motion to send back to the committee for consideration at
the next council meeting. So, were in procedural dilemma right now!
Alderman Schenck further stated we came to the committee meeting
in support of $57,000 and in-kind services. On the committee’s action
we were demonstrating our willingness to be a partner and support the
development. Have raised issues for Cypress Street and should be
quick pro quo to this what we’ve done. And believe the quick pro quo
I think would be appropriate for the City to ask Country Club when
they sell these lots, the City takes a portion of the sale from the
proceeds dollars for the City to use the proceeds of the sell towards
future improvements to Cypress Street. It could include resurfacing
the street, add curb/gutter or sidewalks.
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COUNCIL MEETING
Tuesday, December 4, 2007
And proposing for the City to cover the water & sewer cost in
essence what we done, saved the Country Club at their own cost
estimates of $198,000. So I am prepared to offer an amendment, but
wants to hear more discussion first.
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QUESTION:
Alderman Nidiffer asked, if withdraw second, and if
motion did not have a second, we could amend to send this ordinance
back to committee?
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ANSWER:
City Attorney Chrissie Peterson answered, if the motion
and second are withdrawn, a new motion could be made to send back
to the committee, or you can as Alderman Schenck suggested move to
make amendments.
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COMMENT:
Alderman Nidiffer said this is one most difficult
decision, my concern I feel is if developer comes to council, and has a
bonifide plan, my first statement should be, “How Can We Help.”
What will we get back in taxes is sizeable. When we spend tax payers
dollars this makes me feel better about this is recouping cost. I
understand looking at each separately. I don’t want to stand in the
way of the project.
?
COMMENT:
Alderman Berardi said he wanted to direct a comment
to Alderman Strandberg. What I want to address to you, you don’t
have experience, or never had experience in subdivisions, buildings,
and sewer/water when I mentioned $58,000 versus what the benefit to
the community for next 20 years and curb and gutter. It is peanuts!
And it depends on how to look at it, and $58,000 should not be
obstruction to a project like this. But without your experience and not
knowing anything about water & sewer, you don’t understand that
comment!
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REPLY:
Alderman Strandberg stated, I never filed bankruptcy
either.
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Mayor Heinze said, just a minute Alderman Strandberg.
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QUESTION:
Alderman Berardi said to Alderman Strandberg, “what
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COUNCIL MEETING
Tuesday, December 4, 2007
does that mean?” Alderman Berardi said I want a statement out of
that!
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ANSWER:
Alderman Strandberg remarked, I’ll comment later!
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STATEMENT:
Alderman Berardi remarked back, “you’d better be
on dam good grounds Buddy!”
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COMMENT:
Mayor Heinze told Alderman Berardi to stick with
standard English Alderman Berardi!
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QUESTION:
Alderman Berardi then stated, I want a comment out of
that!
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ANSWER:
Alderman Strandberg said, “I apologize.”
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COMMENT:
Alderman Berardi remarked, no! “That isn’t going to
work!” “That isn’t going to work!” “Lets hear your comment.”
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COMMENT:
Alderman Strandberg said, “I apologize, that was an
immature comment, I apologize.”
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ANSWER:
Alderman Berardi insisted on getting a explanation from
Alderman Standberg of what you said there!
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COMMENT:
Mayor Heinze then gave permission for the City
Attorney Chrissie Peterson to speak. Chrissie said what I’m getting
here and when talking to different aldermen, it really is about figuring
out a feasible financing solution, all using tax payers dollars to the
best benefit. My suggestion as I talked to some aldermen, and talked
to Keith Plavec about is, I think it would be prudent to basically look
at $60,000 to $70,000 for water and sewer cost. Public Works
Director Cliff O’Brien has given you a proposal on how the city can
do that, and made suggestions where the money could come from. If
the Country Club were willing to say give $5,000 off each lot sale and
guarantee at the minimum end of 10 years. And there was minimum
of $60,000 to $70,000 dollars of what ever that final water and sewer
cost is. Is that an option council would be interested in? You would
be recouping those water and sewer costs, and later on could be used
for those things your looking at for curb/guttering, water and sewer.
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COUNCIL MEETING
Tuesday, December 4, 2007
I’ve tried to caution all of you to remember…Alderman Berardi
interrupted the city attorney and called for “Point of Order!”
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Mayor Heinze asked Alderman Berardi, “what is you point!?”
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Alderman Berardi answered, the comments and opinions are out of
order.
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Mayor Heinze told Alderman Berardi, “your out of order!” Keep
going counseler. Chrissie thanked the mayor.
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City Attorney Chrissie Peterson said we’re talking about development
on the South side of the road, remember you’ve got property owners
on the North side of the road. And, if your looking at special
assessment or special service area, you might have to address that too.
I’ve been ask to work with Keith Plavec and Clif O’Brien and talk to
Country Club about financing options. So that is just one proposal. I
have received positive feed back with some of you on private
discussions that was held. Another option is you can dedicate
percentage land sale. Attorney Nancy Shell and I could write an
escrow agreement that you all would be comfortable with where the
document would guarantee payment at less the initial investment the
City would be making for the water and sewer.
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Mayor Heinze gave the floor back to Alderman Berardi,
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COMMENT:
Alderman Berardi mentioned that the city attorney is
not part of the council as far as opinions and discussion unless she is
called upon for that. So I take acceptance to the fact she cannot offer
opinions unless asked for her opinions, and she wasn’t!
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COMMENT:
Alderman Berardi stated we have had developers here
in town several months ago and no effort was made by the City
Council, at the depth of investigation, these people were here on some
70 homes for the Dare Property. Since you lack experience involved
in this type of situation and its not unusual for a council. But when
you have expertise in the community on how to proceed on these
matters. I think that expertise should be called upon and listened to.
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COUNCIL MEETING
Tuesday, December 4, 2007
There is a lot of issues and has not been put in to step 1, so we could
look at! This does not stop us from assessing those lots, and has to be
done by the council. Look at what the Country Club is going to
benefit! And were not in business to save the Country Club from
going bankrupt. We are in business to get the best deal for the
citizens. We do sewer and water for that amount, then the homeowner
pays for hook ups. Then the City thinks about assessments.
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ASKING EXCUSED FROM VOTE:
Alderman Meade stated, he
will be asking to be excused from voting as he has before and, he has
financial interest. Alderman Meade ask City Attorney if appropriate
for him to make comments?
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ANSWER:
City Attorney Chrissie Peterson answered, since you
have made it public about being excused from voting, you can speak
on the issue.
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STATEMENT:
Alderman Meade, this is not the Country Club this is
the Country Club LLC, which is a separate organization from Country
Club. On a personal note as the treasurer of the Country Club not
LLC is very solvent, we have a budget, and we’re financially sound.
When we have developers come to town is not very often. We offer
incentives to people who come here. We’re not doing anymore for
LLC then we have done for others getting water & sewer to property.
One thing should do is offer more incentives. One thing talking about
is taxes generating off of this project, and the City will get money
back. I look as investment into the City. On Cypress Street, what is
the value we were given? We have to be willing to put up some
money what we need down the road.
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Alderman Nidiffer, ask the city attorney for her expertise and told her
also he appreciated her comments. Is there anyway when we get to
Phase II try to recoup some cost?
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ANSWER:
City Attorney Chrissie Peterson answered, said Phase II
is solely dealing, with lots on North Main Street.
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COUNCIL MEETING
Tuesday, December 4, 2007
Alderman West said a lot of positive comments have been made, and
very little negative comments. Each has to be treated separately. And
I will support it.
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COMMENT:
Alderman Lewis commented, seems all looking for
some assurance that will reap benefits. After listening to each of you,
I feel more comfortable favoring the amendment.
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Alderman Schenck wants to make a motion but first suggested to
modify item #2, by inserting phrase “that” and “though.”
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AMENDMENT: By Aldermen Schenck/Strandberg, to amend
the motion “
Whereas, the City desires to make certain
improvements to Cypress Street that includes, but are not limited to
resurfacing the existing street, widening the street, installing curb
and guttering and constructing sidewalks.” Whereas, the city
requests from Canton Country Club Real Estate LLC an amount
equal to $5,000 per lot, for lots 1 through 24, payable to the City
upon the sale of said lots for the purpose of making improvements to
Cypress Street.” That “upon receipt of a fully executed agreement
from Canton Country Club Real Estate, LLC to pay the city $5,000
for each lot sold.”
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STATEMENT:
Mayor Heinze commented, commend you Alderman
Schenck for your well thought out amendment!
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STATEMENT:
Alderman Schenck said this is equitable and fair
amendment to help this project along. We can move forward on water
& sewer at cost of $58,00. Save LLC $198,000. In return, suggest
$5,000 lot sold for improvement to Cypress Street and improvement
benefit lot and lot owners. This is a benefit to LLC, and LLC stands
to gain $600,000.
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COMMENT:
Alderman Meade stated, you need to recognize the
value of Cypress Street as it has tremendous value to the City. What
will the north side of the road pay, as the south side road will pay
$5,000? We owe some consideration for the street.
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COUNCIL MEETING
Tuesday, December 4, 2007
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COMMENT:
Alderman Berardi said, the street is a liability to the
City. The amendment is good and should be supported. You’re a
member of the Country Club Board and your comments are bias.
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COMMENT:
Alderman Nidiffer said, understand business and
private enterprise You have to be aware of tax payers dollars in
supporting it.
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COMMENT:
Attorney Nancy Shell commented, have not had a
chance to talked to LLC members. I think there is a lot of problems
with this. Your not charging the other property owners the same
amount your proposing. Basically that you give the LLC $57,000 in-
kind services, and we give you back 150% above that. For what!?
What if you don’t improve the road and don’t put in curb and
guttering, and put in sidewalks? I don’t think that is a reasonable
solution. It’s certainly not what the LLC members were
understanding from your previous council and committee meeting.
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Mayor Heinze said for your information, there is only 7 Aldermen
who can vote, as Alderman Meade will be excused, and when your
passing an ordinance of spending money, it takes majority of the
elected body, which is 9. Normally speaking, if had 5 votes that
carry’s, and it’s majority. If have 4 votes, and I have voted with the 4,
the motion carry’s.
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MOTION:Motion
and second by Aldermen Meade/Strandberg, to
excuse Alderman Meade from voting on the ordinance. The motion
carried by voice vote, and was unanimous.
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VOTING ON THE AMENDMENT:
Roll call. AYES – Aldermen
Schenck.. NAYS – Aldermen Lewis, Strandberg, Nidiffer, West,
Sarff, Berardi. 1 AYE, 6 NAYS, 0 ABSENT. Motion defeated.
Alderman Strandberg commented, that he appreciate the comments,
this is the best discussion I have heard.
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COUNCIL MEETING
Tuesday, December 4, 2007
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VOTING ON THE MOTION TO ADOPT THE ORDINANCE:
Roll call. AYES Aldermen Sarff, West, Nidiffer, Strandberg, Lewis.
NAYS – Aldermen Schenck, Berardi. 6 AYES, 2 NAYS, 0
ABSENT. Motion carried. Ordinance being #1917.
NEW BUSINESS:
ORDINANCE – LEVYING AND ASSESSING TAXES FOR
CORPORATE PURPOSES OF THE CITY OF CANTON, ILLINOIS
FOR THE FISCAL YEAR BEGINNING MAY 1, 2007, ENDING
APRIL 30, 2008.
First reading, read by title.
ORDINANCE – PROVIDING FOR A YIELD SIGN AT THE
INTERSECTION OF INGERSOLL BOULEVARD AND
HARVESTER ROAD.
First reading, read by title.
RESOLUTION – APPROVING AN EASEMENT AGREEMENT BY
AND BETWEEN AMEREN-ENERGY RESOURCES GENERATING
COMPANY.Motion
First reading, read by title. and second by Aldermen
Strandberg/Scehnck, the resolution be adopted. Roll call. AYES –
Aldermen Lewis, Strandberg, Meade, Nidiffer, West, Sarff, Berardi,
Schenck. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion
carried. Resolution being #3842.
RESOLUTION – APPROVING A MAINTENANCE AGREEMENT
WITH OTIS ELEVATOR. Motion
First reading, read by title. and
second by Aldermen Sarff/Nidiffer, the resolution be adopted. Roll call.
AYES – Aldermen Schenck, Berardi, Sarff, West, Nidiffer, Meade,
Strandberg, Lewis. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT.
Motion carried. Resolution being #3843.
Page 13 of 14
COUNCIL MEETING
Tuesday, December 4, 2007
QUESTION:
Alderman Sarff asked when the meeting was to start next
week? Mayor Heinze said to keep the meetings at their usual time of 6:30
p.m.
INFORMATION:
Alderman Sarff mentioned that and Executive Session
will be held next week by Negotiations, Grievance & Personnel for
discussion with Negotiations with Public Works, Personnel, and a Grievance
with the Police Department.
EXECUTIVE SESSION – NEGOTIATIONS, GRIEVANCE &
PERSONNEL COMMITTEE TO DISCUSS – NEGOTIATIONS
WITH PUBLIC WORKS; AND, TO DISCUSS – PERSONNEL.
Motion
and second by Aldermen Sarff/Lewis, to go into executive session
to discuss Negotiations with Public Works, and Personnel issue. The motion
carried by voice vote, and was unanimous.
The regular scheduled council meeting adjourned at 7:55 p.m. for the
purpose of going into executive session.
Motion
Adjournment: and second by Aldermen Nidiffer/Sarff, to adjourn
the regular scheduled council meeting. The regular scheduled council
meeting adjourned at 8:13 p.m.
The motion carried by voice vote, and was unanimous.
______________________________,
Nancy Whites, City Clerk
APPROVED:
_________________________________,
Rodney W. Heinze, Mayor
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