Loading...
HomeMy WebLinkAbout07-05-1989 Council Minutes , . A reqular meeting of the Canton City Council was held on July 5th, 1989 in council chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATON GIVEN BY CITY CLERK NANCY WHITES. Mayor Edwards asked for roll call at 6:30 p.m. Present - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman. Absent - Alderman Bohler. MINUTES OF JUNE 20 MEETING. Correction on page 33, the last paragraph. Delete the word concept and add the word contract. The sentence would then read...Cliff is asking permission for approval of the contract. Also, a correction on the same page, same paragraph, but the next sentence add the word approximately before the figure of $3,000. On page 31, the last motion, eliminate the words...and the plant at a cost of $3,454. (The Finance committee minutes of June 13, 1989 do not reflect that the committee did not want to purchase the pipe to the plant) Motion by Alderman Sarff, second by Alderman May, the minutes of June 20 be accepted and placed on file as amended. Voice vote, motion carried. COMMITTEE REPORTS: Public Safety & Traffic. Council Action None. Streets & Garbage. Council Action Motion by Alderman Meade, second by Alderman Sarff, the supplement to the 1989 MFT Program be referred to the Legal & Ordinance committee. Voice vote, motion carried. Unanimous. Lake, Building & Grounds. Council Action Motion by Alderman Chapman, second by Alderman May, approval for the city to participate for one year in the National Association for the Exchange of Industrial Resources with a membership fee of $525. Discussion. This is a wholesale company located in Galesburg that offers office equipment, tools and numerous other items. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. Motion by Alderman Chapman, second by Alderman May, the approval to spend approximately $642.50 to make the necessary repairs for the top windows at the city building, and the replacement of with storm windows. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. ~41 CONTINUED .7uly 5th, 1989 Public Works, Water & Sewer. Council Action Motion by Alderman May, second by Alderman Chapman, the approval to purchase a filter for the back wash valve at approximately $3-4,000. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Steck, Zilly, ~ Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. ~ Motion carried. PUBLIC HEARING - 7:00 P.M. PROPOSED APPROPRIATION ORDINANCE. Motion by Alderman Kovachevich, second by Alderman Zilly, to hold a public hearing. Voice vote, motion carried. Unanimous. PURPOSE OF THE PUBLIC HEARING: To receive oral and written comments on the proposed appropriation ordinance. Mayor Edwards asked the audience on two separate occasion for comments. There was no response. Motion by Alderman Meade, second by Alderman May, to adjourn the public hearing and reconvene in reqular session. Voice vote, motion carried. Council reconvened into regular sesion at 7:01 P.M. COMMUNICATION FROM MAYOR EDWARDS. A letter was received from the National Association of Arbitration dated June 30, 1989. The letter states that the arbitrator Clifford E. Smith has not received payment for the arbitration case of IAFF Local 1897 of Firefighters vs City of Canton, which he rendered a decision on March 30, 1989. A letter dated May 15, 1989 from Clifford Smith, arbitrator states the original bill was for $2,438, each party was billed for Z, making a total due of $1,219. The letter reports that he had been advised by Wayne Klocke, attorney for the Union, the City had agreed to be responsible for charges associated with the one hearing day, and travel, which was cancelled (October 16, 1988). The parties had not advised me of this at the time of the hearing. The fee for that day was $350. Jim Malmgren, city attorney stated that they had been notified of the cancellation of the October 16, 1988 meeting, and does not feel the city owes the $350. Mayor Edwards said we should notify them we're looking for the records from the attorney Wayne Klocke, on the $350 charge. Motion by Alderman Sarff, second by Alderman Meade, the approval to pay the National Association of Arbitration for the arbitrator Clifford E. Smith in the amount of $1,219. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. Mayor Edwards recommended the city advertise for bids for a new street sweeper. Because of a new sales tax reform that goes into effect on January 1, 1990. We should use those funds for capitol improvements. ~ ~ ~ CONTINUED July 5th, 1989 Motion by Alderman Meade, second by Alderman Sarff, the approval to advertise for bids for a new street sweeper. Discussion. Mayor Edwards reported that around $400,000 will be received for our community. Voice vote, motion carried. The issuance of up to $300,000 waterworks, alternate source bonds for the purpose of defraying the costs ` of improving and extending its existing waterworks facilities will be discussed at the next committee meeting, with a recommendation at the next council meeting. Motion by Alderman Sarff, second by Alderman Kovachevich, the appointments of Ray McKinney, Kevin Meade, Linda Zilly, to the Water Conservation Review Board be confirmed. Discussion. Mayor Edwards said this review board will hear complaints from those who can not follow the ordinance. Voice vote, motion carried. Unanimous. The resignation of John Morrel who serves on the Fire & Police Commission is effective July lOth. An appointment will be made to replace him hopefully at the next council meeting. ORDINANCE - GRANTING A SPECIAL USE PERMIT TO CANTON ENTERPRISES, LTD., A PARTNERSHIP CONSISTING OF HARLAN E. CROUCH AND BOB L. KEIME, AND DONALD A. KUMER. Second reading, read by title. Motion by Alderman Sarff, second by Alderman May, the ordinance be placed on its passage. Discussion. John McCarthy, attorney for the petitioner offered to answer any questions that council might have. Alderman Meade stated the he is not sure that all of the uses that are going to be taking place were covered by the zoning board. He said he has no problem granting the Multi-Family Apartments. I'm not sure zoning covers the use in this ordinance. An outreach ministry will be going on. I'm willing to clean up the language in this ordinance before passage. John McCarthy said that the same sort of questions were raised when they met with the Planning & Zoning Commission. The property is to be used for Multi-Family dwelling and commercial purposes only. Cliff Sagaser had indicated he would be watching the uses. Alderman Meade asked if those activities held in the park would be held in the building? John McCarthy reported that nothing will be taking place in that building that does not apply in a B-3 zoning or for the special use requested. Roll call. AYES - Aldermen Chapman, May, Meade. NAYS - Aldermen Sarff, Steck, Zilly, Kovachevich. 3~YES ~NAYS 1 ABSENT. " Mayor Edwards then held discussion with the city attorney. Then the city attorney met with the attorney for the petitioner. John McCarthy then asked, before the mayor votes would you table the ordinance until a full council is here, and table until that time? Alderman Kovachevich questioned whether the mayor should vote, since it is not a tie vote? Alderman Sarff said he did not object to waiting to when Alderman Bohler can attend. He did asked when that might be? Alderman Meade said probably not before the prison opens in September, as he is working at a prison for his training. Mayor Edwards asked the aldermen to consider tabling ~43 CONTINUED July 5, 1989 the ordinance? Jim Malmgren, city attorney, said he had advised the mayor that as the vote stands now he is required to vote. Mayor Edwards said he had no problems in voting. Do you want to consider John NlcCarthy's request? Motion by Alderman Chapman to table the ordinance until a full council is present. Mayor Edwards said a motion is still on the floor, and I am advised this is not a privilege motion. After discussion with the city attorney, Mayor Edwards then asked if anyone objected, from the negative voters, to Alderman Chapman's motion to table the ordinance? All four aldermen said they had no objections. Mayor Edwards then said he accepted the motion to table. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. NEW BUSINESS: ORDINANCE - ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING MAY 1, 1989 AND ENDING APRIL 30, 1990. First reading, read by title. ORDINANCE - AMENDING ORDINANCE NO. 1231. (STAGE 3 MANDATORY COMPLIANCE FOR WATER USEAGE). First reading, read by title. Motion by Alderman Steck, second by Alderman Sarff, the suspension of rules for passage of the ordinance. Roll call. AYES - Aldermen Chapman, May, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS - None.. 7 AYES 0 NAYS 1 ABSENT. Motion carried. Motion by Alderman May, second by Alderman Steck, to place the ordinance on its passage. Discussion. Alderman Chapman said he has had several calls on the penalty that will be charged. I feel the double rate is more sufficient than the triple rate as these people are retired. Niayor Edwards reported that the ordinance writes out the small user, they are already conserving. Jim Malmgren, city attorney, said that under paragragh 2-D of the ordinance, the amendment allows every customer 400 cubic feet. What this means is, the individual getting a minimum bill would not have any detrimental effect when in stage 3& 4. Nlayor Edwards said that the ordinance also covers bulk sales. When we asked people to conserve, there has not been that much change, its only when you charge. Everyone gets the advantage of using the 400 cubic feet. The triple price is the only difference after reaching that 75~ level. Bulk rate gets charged the triple rate. Steve White, Assistant Water Supt. stated that the rate now charged for bulk water sales is $.35~ per 100 gallons. Alderman Sarff wanted to know why were selling at bulk rate? He said he would vote against the ordinance if it remains 250 gallon per day per household. Mayor Edwards said the ordinance will require alot of self control by every one. Alderman Steck said he does not object to selling to outlying areas but does object to the 250 gallons. 044 CONTINUED July 5, 1989 Don Vogel of Illini Super Wash Inc. made comments to the council about the problems he will encounter from having hours of 12:00 noon to 5:00 p.m. He said he has a$350,000 investment in this business, and the time limit per day, he can't make it. Then he introduced Joe Hermus, chief executive officer. Joe said that this is the second water shortage problem for them. We strongly believe in conserving water, it is a commodity for us. 6Ve are continuing to research the conservation of water. A self serve bay for average consumer use is 16.9 gallons. An automatic bay for average consumer use is almost 40 gallons. A 5-inch hose on the side of the house uses 14 gallon per minute. We are paying for both water and sewer. It is not fair to single out car washes, the fast food industry uses more water then we do. We think our business promotes conservation of water. If you promote car washes you're actually saving water. Joe thanked the council for lettinq them speak. Alderman Zilly said we are allowing the homeowner only 400 cubic feet or 2,992 gallons, where as a bulk user can use as much as 15,000 gallon in the same time frame, which is so much higher. I would like to see an amendment and the amount cut down somewhat. Motion by Alderman Chapman, second by Alderman May, that the city shut off all outside water users tomorrow morning. Discussion. P~Iayor Edwards said there is a motion on the floor, and you would have to amend the ordinance striking the 250 gallons. If the amendment passes, it will be over my veto. Alderman Meade feels this is unfair without giving any warning to the community. Alderman Steck agreed with Alderman Meade, he would not want to shut the community down. Alderman Zilly said she would like to see the ordinance amended to 200 gallon for bulk users. Roll call. AYES - Aldermen May, Chapman. NAYS - Aldermen Kovachevich, Zilly, Steck, Sarff. 2 AYES 5 NAYS 1 ABSENT. Motion def eated . , Roll call for passage of the ordinance. AYES - Aldermen Chapman, May, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. Ordinance being #1250. Mayor Edwards informed the Super Car Wash that a meet~~ with the Review Board will be held tonight after the council meeting. Mayor Edwards gave an update on the well. The well was started on Monday and one of the generators in the starter box failed. The electricity for the well will be available by Friday of this week. This malfunction happens to about one in every 10,000. AGREEMENT - MAINTENANCE OF MUNICIPAL STREETS FROM JULY 1, 1989 THROUGH JUNE 30, 1990. First reading, read by title. Motion by Alderman Meade, second by Alderman ~ Sarff, approval to sign the agreement. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Motion carried. Agreement being #491. ~45 CONTINUED July 5, 1589 Bill List of Bar-Mac Subdivision addressed the council with a complaint raw sewage running within 750 feet of his drinking water. He had received a letter from the Fulton County Health Department about this. He stated that he was not on city water, nor in the city limits. But he wanted to know what the city was going to do to correct the problem? k", , Mayor Edwards said it was called to our attention just ~ a couple of weeks ago and we're trying to do something about it. A public hearing will be held on July 18 for grant money to eliminate this problem. Jim Mamlgren, city attorney told Mr. List that the city is following the statutes in providing the financing to solve the problem. Bill asked that if the grant is not awarded, what are you going to do? What would you do to me if I dumped a septic tank of sewage in the city lake? What would you do? Niayor Edwards said you know what I would do! Bill did say he would wait until July 18 for some information. EXECUTIVE SESSION - IMMINENT, THREATENED, PENDING/LITIGATION. Motion by Alderman Sarff, second by Alderman Meade, to go into executive session. Voice vote, motion carried. This portion of council adjourned at 7:45 p.m. The executive minutes are on file in the office of the city clerk. ~ ADJOURNMENT: Motion by Alderman Meade, second by ! Alderman Zilly to adjourn. Voice vote, motion carried. ' Council adjourned at 8:40 p.m. . ~ ~ ; CITY CLERK ~ APPROVED: N1A OR ~ ~f