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HomeMy WebLinkAbout01-11-1994 Clerical~,, Clerical Committee City Council Chambers January 11, 1994 6:30 P.M. Members Present: Larry Sarff, Kevin Meade, Bob Molleck Others Present: Don Edwards, Jim Elson, Clif O'Brien, Mike Elam, George Spahn, Ray McKinney, Gary Orwig, Jim May, Bob DeRenzy, Dick Coay, Ross Gardiner, Don Hopper Finance Committee Larry Sarff, Chairman The first item was a request from Clif O'Brien to have the grader repaired. He stated that the steering cylinders are leaking and he is using it more due to the ice and snow. The approximately cost to repair is $2000-2500. A motion was made by Kevin Meade and seconded by Bob Molleck to approve the expenditure up to $2500. Voice vote. Motion carried. Mike Elam informed the Committee that he has a hospital bill for a prisoner in the amount of $1,085.16. The Pekin Police Department picked up this individual on behalf of the city and had hurt himself. Pekin has paid this bill. Discussion followed on whether this individual had hospital coverage during this time, or, whether this amount could be recouped through the courts. A motion was made by Kevin Meade recommending the amount be reimbursed to the Pekin Police Department, to enter the amount into the court file for possible reimbursement by the individual, and/or check on whether the individual had hospital coverage during this time. Seconded by Bob Molleck. Voice vote. Motion carried. Ray McKinney requested permission to continue mandated lab testing through the EPA. The cost is $9,820.00 per year. If the city had an independent lab conduct the tests, the costs would be approximately $28,000. The $9,820.00 cost can be paid in two payments. A motion was made by Kevin Meade and seconded by Bob Molleck recorm~ending the continuation of the testing through the EPA. Voice vote. Motion carried. Insurance bids were next. Pat Wright was not in attendance, therefore the item was tabled. Bills were next on the agenda. A bill for the copier at the David W. O'Brien Public Safety Building, to be split between the fire and police departments at $82.45 each, was added to the list of bills. A motion was made by Bob Molleck and seconded by Kevin Meade recommending to the City Council the approval of the bills. Voice vote. Motion carried. No further business was discussed and the Finance Committee was adjourned. 1 '~rr/ Negotiations, Grievance and Personnel Cornnittee Bob Molleck, Chairman The first item of discussion was the cafeteria plan for the fire and police personnel. Bob stated that a resolution passed recently did not cover those under the fire and police pension funds. A motion was made by Larry Sarff and seconded by Kevin Meade recommending the matter be looked into and either pass an additional resolution for these persons or to amend the present resolution to cover police and fire personnel. Voice vote. Motion carried. it was noted that a short executive session will be held at the end of the meeting. No further business was discussed and the Negotiations, Grievance and Personnel Committee was adjourned. Corrrnunity and Industrial Development Corrrnittee Kevin Meade, Chairman The first item was a loan payment update. Kayma Duncan stated that Advanced Electric has paid their federal loan in full, which leaves three recipients. One of the three is delinquent in their payments in the amount of $2,596.10 as well as being delinquent in their payment of the revolving loan in the amrount of $1,536.47 for a total of $4,132.57. Kayma stated that statements have been sent to this company, no response has been received concerning the payments, and asked for direction iBobtMollecktto~ havemtheocityaattorneyblookrat Sarff and seconded by the matter. Voice vote. Motion carried. The West Walnut Street sewer project was next. Kayma Duncan informed the Committee that the second pay estimate has been received in the amount of $106,825.50, and has been reviewed and approved by Bob Anderson. She requested approval of the pay estimate. A motion was made by Larry Sarff and seconded by Bob Molleck recommending approval of the pay estimate for Yaste, Inc. in the amount of $106,825.50. She informed the Committee that the project is complete with the exception of cleanup, seeding and the asphalt replacement. Voice vote. Motion carried. Along with the sewer project, Kayma informed the Committee that a 12" water line had to be relocated and additional pipe and aquastop 520 00 and was necessary. The total bill from Illinois Meter is $6, requested permission to pay these bills from the sewer project funds. A motion was made by Larry Sarff and seconded by Bob Molleck to pay Illinois Meter from the sewer project funds. Voice vote. Motion carried. At this time Dr. Forrestier addressed the Committee concerning the ambulance service. She stated that the hospital had gone before the Planning and Zoning Commission to have property on West Walnut 2 Street rezoned for the ambulance. The petition was denied due to spot zoning. She stated that the hospital is willing to deed the property over to the ambulance service. She also stated that there is contiguous land zoned B-2. Currently the property is R-4 and the ambulance will need to have the property rezoned to B-1 with a special use permit. Dr. Forrestier informed the Committee that the new building will be one story with off street parking, large garage doors and landscaping. The radio will not interfere with anything in this area and there will be no dangerous equipment, such as an MRI machine, in the ambulances or on the premises. Due to the hospital quiet zone, the ambulance is not allowed to use their sirens. She stated that the ambulance is averaging nine runs per day. Larry Sarff stated that he had met with Dr. Forrestier and Fred Siebermann and his questions of spot zoning had been answered. He stated that he has a letter from the Planning and Zoning Commission Chairman, John Davis, indicating that several of these items had not been brought out at the public hearing and had been denied on the basis of "spot zoning". He indicated that "had the commission been aware of this fact prior to the vote I'm sure we would have seen a far different outcome." Dr. Forrestier indicted that Mr. Davis had suggested that the matter be brought before the City Council rather than the commission. Dick Coay stated that a lot of things were not brought up at the meeting and feels they would have been different if these things had been brought up. Chet Phillips stated the he did not bring up the contiguous B-2 zoning in the area because he did not understand it at the time. He stated that if these other facts had been presented, it may have resulted in a different outcome. Mayor Edwards stated he is hearing that the Planning and Zoning Commission may be willing to reconsider based on the new facts. Dr. Forrestier stated that if they go back to the commission, which the chairman did not recommend, another month would go by and the ambulance service is on a time restraint. Jim Eison state that the commission may not be able to reconsider this matter within six months of the original action. He would have to check into the matter. On the question of ownership change, he stated that the use of the property, not the ownership is the question. Mayor Edwards stated that it has to be done right to avoid legal problems. He stated that the public hearing should be at Planning and Zoning. The neighbors out there are the ones who were objecting and need to have the opportunity to respond. He stated he is not arguing about the need for the service, but about the procedure itself. No formal action was taken by the Committee on this matter. Mayor Edwards stated that if the ambulance service's attorney were talking with the city attorney, several items may be resolved quickly. 3 Jim Elson addressed the Committee concerning the CIC lots. He stated that the abstract company has prepared a title committrnent. There seems to be some problems with the tax sales in that some were sold when they should have been forfeited. Jim stated he has not had time to review the taxes and lots in detail at this time. No action was taken by the committee. No further business was discussed and the Community and Industrial Development Committee was adjourned. Legal and Ordinance Carrmittee Jerry Bohler, Chairman The first item was the wild animal ordinance. Jim Elson asked that this item be tabled at this time. Committee agreed. At this time, Dennis Crawford addressed the Committee concerning the matter of spot zoning of the property at 37 South 1st Avenue. He stated that in July, Manufacturing Services had considered moving into the property with a change of zoning. They then changed their request to a special use permit. Mr. Crawford stated he is concerned with smoke, paint, pollution and fire hazard being next door. He stated he had circulated and presented a petition from the adjacent owners. He stated he thought the matter would go to the Planning and Zoning Commission and they would have the opportunity to be heard. He stated he has a greater concern that Manufacturing Services will not conform to the present zoning. Mike Haii, representing Crawford's and Hidden Treasures, stated that Manufacturing Services withdrew their application for rezoning and wanted a special use permit, in which, they filed for by application in July 1993. In October, Manufacturing Services sent a letter to the Planning and Zoning Commission withdrawing the petition and Manufacturing Services was issued a citation for not complying with the B-3 zoning. Manufacturing Services feels they conform with the B-3 zoning when in fact they are doing some light manufacturing, which is not allowed. Mr. Hall stated that Manufacturing Services wanted to have it rezoned, withdrew that and asked for a special use permit. That application admits that they do not conform with the zoning. He stated his clients feel Manufacturing Services will eventually open their doors. They feel that the City of Canton should enforce the zoning. Mr. Hall informed the Committee that the business plan on Manufacturing Services' letterhead indicate they are doing welding, and repairs. He stated these do not fit the B-3 zoning and feel they should be cited for violations and the danger is imminent and should be addressed by the city. Mary Francis Freeman of Bridgeway indicated that they have a contract to purchase the Mathews' Clinic at 49 South 1st but is contingent on this issue. She stated their questions of concern are: will the city maintain the integrity of the B-3 zoning and what will the city do if the owners of 37 South 1st move in. Kevin Meade felt that the matter needs to go before Planning and Zoning. If 4 Manufacturing Services chooses to ignore the zoning, the city would have no choice but to cite them for violations. Jim Elson stated that their attorney has been advised of the proper forum to determine compliance is through the commission but he does not agree. Mayor Edwards stated that they are landlords at this time and the ambulance is using the building. He stated that he has met with representatives of the company and talked about the need to go before the commission. Ms. Freeman, when asked by Larry Sarff, indicated they are concerned with the type of activity to be conducted in this building. She stated they are interested in maintaining a professional area and not having it become an industrial area. Jim Steins, president of Bridgeway, stated that the concerns of fire insurance and liability insurance come to mind with the closeness of the activities in the building. Kevin Meade stated that before Manufacturing Services moves into the building, they would have to go to Planning and Zoning. They have not moved in yet so action can not be taken. Mr. Hall stated that the concerns is is the city going to undertake the expense of compliance or will his clients have that expense. No action was taken by the Committee on this matter. Mayor Edwards addressed a parking problem on South Main Street. He suggested that three 15 minute parking spaces be designated in the area of the Canton Newstand. He stated that it is hard to find a short term parking place to run in and purchase a paper. Discussion. A motion was made by Larry Sarff and seconded by Bob Molleck to designate three 15 minute parking places in the area of the newstand on South Main Street on a temporary basis. Voice vote. Motion carried. Mike Eiam asked the Committee's consideration in making the stop sign at Eim and Main Streets permanent. He stated that it has worked well. A motion was made by Larry Sarff and seconded by Bob Molleck recommending an ordinance be drawn to make the stop sign permanent at Elm and Main Streets. Voice vote. Motion carried. The possible placement of a stop sign at 12th Avenue and Vine Streets was discussed next. Mike Elam suggested that stop signs be placed on the northwest and southeast corners of this intersection. A motion was made by Larry Sarff and seconded by Bob Molleck to have an ordinance drawn for the placement of the stop signs. Voice vote. Motion carried. Mike Elam stated he had looked at the intersection of Main and Chestnut Streets for the possibility of placing a right turn only sign at this intersection. Discussion followed concerning the fact that it is hard to see oncoming traffic from the north and the possibility of placing a stop sign on Main Street. The consensus of the Committee was to place a right turn only sign at this intersection on a temporary basis. 5 The policy for adjusting water bills was discussion next. Mayor Edwards stated that the ordinance presently provides that the outside meter be used for billing purposes. Mayor Edwards stated that the committee had instructed Ray McKinney to average the last three billing periods for an adjusted bill. The ordinance needs to be changed. Discussion. Ray stated that part of the problem is the fact that the inside/outside reading checks have not been mailed out the last two years. This enables the department to find meters that need repaired. He suggested that the inside meter be used for billing due to the fact that the inside meter is the heart of the meter. A motion was made by Larry Sarff and seconded by Bob Molleck recommending the ordinance be changed. Voice vote. Motion carried. The bass limit was next. Ray McKinney stated that Department of Conservation has suggested that the bass limit at the lake be reduced. They have suggested a 15" minimum with three fish per day per person limit. A motion was made by Larry Sarff and seconded by Bob Molleck to adopt the limit suggested. Voice vote. Motion carried. The next item was an ordinance amending the Saylor annexation. Jim Elson stated that this is amending the legal description for the property. A motion was made by Larry Sarff and seconded by Bob Molleck to send the ordinance to the City Council for consideration. Voice vote. Motion carried. An ordinance naming Old West Vine Street, West Vine Street, Old West Locust Street and West Locust Street for the purpose of 911 was next on the agenda. Discussion followed. Mayor Edwards suggested the aldermen look at the streets. A motion was made by Bob Molleck and seconded by Larry Sarff to reverse Old West Vine Street and West Vine Street in the ordinance and send the ordinance to the City Council for consideration. Voice vote. Motion carried. Along that line, Ray McKinney stated there were eight letters that went out to persons outside the city limits who have been paying single water rates informing them that they will begin to pay double water rates due to being outside the city limits. No action was necessary by the Committee. At this time a motion was made by Larry Sarff and seconded by Bob Molleck to convene in executive session for the purpose of personnel. Executive session minutes are on file for review. The Committee reconvened in open session. No further business was discussed and the Legal and Ordinance Committee was adjourned. Kayma Duncan - Committee Secretary 6