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Home My WebLink About09-05-1989 Council Minutes 074 A regular meeting of the Canton Council was held on September ~j, 1989 in Council Chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING FULLOWED BY THE INVOCATION GIVEN BY CITY CLERK NANCY WHITES. Mayor Edwards asked for roll call at 6:30 P.r1. Present - Aldermen Kovachevich, Zilly, Steck, Sarff, May, Chapman. Absent - Aldermen Meade, Bohler. MINUTES OF AUGUST 15. Motion by Alderman Sarff, second by Alderman Steck, the minutes of August 15 be accepted and placed on file. Voice vote, motion carried. COMMITTEE REPORTS: Public Safety & Traffic. Council Action Nlotion by Alderman Steck, second by Alderman Chapman, to approve the expenditure of $350 for pyschological testing for fire and police personnel for new hirees. Roll call. AYES - Aldermen Chapman, May, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Motion by Alderman Steck, second by Alderman Sarff, to refer the 10 radios for ESDA back to the committee. Voice vote, motion carried. Unanimous. Streets & Garbage. Council Action Motion by Alderman Steck, second by Alderman Chapman, the approval for the City to join Fulton County Tourism at a cost of $200. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Informational: Mayor Edwards announced that someone would be attending the council meeting from CIPS for discussion of the cutting of trees. Lake, Building & Grounds. Council Action None. Public Works, Water & Sewer. Council Action None. COMMUNICATIONS FROM MAYOR EDWARDS. Motion by Alderman May, second by Alderman Sarff, to pay the final Pay Estimate of ' Wehling Well 4Vorks for Well #1 in the amount of $25,043.1G. Discussion. Cliff Sagaser mentioned that the amount of $967 was deducted for a main switch from Spoon River Electric Co-op. Roll call. AYES - Aldermen Chapman, May, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. ~75 CONTINUED September 5th, 1989 Cliff Sagaser, city engineer reported that the Soil Conservation Service Project Agreement to eliminate erosion at the lake was to be completed by September 15. We are requesting that the Soil Conservation Project extend the contract for 90 days. Motion by Alderman May, second by Alderman Sarff, the approval for the extension of the contract with Soil Conservation Project. Voice vote, motion carried. ~ The 1989 MFT contract work is well on its way of being ~ completed. The Oil & Chip program should be completed by September 11 if there are no rain delays, according to Cliff. Alderman Sarff disagreed with continuing the program due to the temperature not being just right, and problems have always existed since I have been here. Jim Boyd Street Supt. said the state will stop the program by the 30th of September. Voice vote, motion carried. Motion by Alderman Nlay, second by Alderman Sarff, a Class C Beer & 4~ine license be granted to El Sombrero Restaurant at 47 South Main Street. Discussion. Alderman Steck was concerned about the visability in the building as the windows are so high. NIayor Edwards said according to the ordinance now in effect it is leqal. Jim Malmgren, city attorney said that the present ordinance is silent on this issue for a Class C license. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. I have had request for 4 to 5 package liquor licenses, I will be sending letters to each of them. An revised ordinance is still in committee, I want all committee's to be involved in the discussion on this ordinance. ~ The Friendship Festival Parade is this Saturday, I am requesting ~ extra clean-up on the parade route, I want it looking sharp. OLD BUSINESS: ORDINANCE - PROVIDING FOR A STOP SIGN AT THE INTERSECTION OF FULTON PLACE~AND AVENUE B. Motion by Alderman Kovachevich, second by Alderman Zilly, the resolution be removed from the table ancl placed on the agenda for second reading. Voice vote, motion carried. Second reading, read by title. Motion by Alderman Kovachevich, second by Alderman Steck, the resolution be adopted. Discussion. Alderman Zilly said the American Legion is in support of House Bill #1703. Roll call. AYES - Aldermen Chapman, NSay, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 A}3SENT. Motion carried. Resolution being #1256. ORDINANCE - SUPPLEMENTING AN ORDINANCE MAKING THE ANNUAL APPROPRIATIONS FOR CORPORATE PURPOSES OF THE CITY OF CANTON, FOR THE FISCAL YEAR BEGINNING MAY 1, 1989 AND ENDING APRIL 30, 1990. Second reading, read by title. Motion by Alderman Sarff, second by Alderman Kovachevich, the ordinance be sent back to the Legal & Ordinance Committee. Voice vote, motion carried. Unanimous. • ir• 076 CONTINUED September,,~~ 1989 NEW BUSINESS: ORDINANCE - AMENDING TITLE 6 BY ADDING THERETO CHAPTER 17 ESTABLISHING A CURFEW IN THE CITY OF CANTON. First reading, read by title. Motion by Alderman Sarff, second by Alderman hiay the ordinance be sent to the Legal & Ordinance committee. Voice vote, motion carried. RESOLUTION - APPROVING A NOTE WITH THE NATIONAL BANK OF CANTON, CANTON STATE BANK, AND COMMUNITY BANR AND TRUST COMPANY, (LENDERS) AND THE CITY OF CANTON (BOR.ROWER). First reading, read by title. Mayor Edwards remarked that State Representative Tom Homer is going to help us. On the second page top of page under (4.) the dollar amount should be changed to read $5,000,000.00, not $5,000. Motion by Alderman Steck, second by Alderman Sarff, the resolution be adopted as amended. Roll call. AYES - Aldermen Chapman, May, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Resolution being #2074. Cliff Sagaser reported that 4~ehling Well Works has drilled down 1040 feet on Well No. 2. The well and casings will be completed by tomorrow, and the pump has been ordered. RESOLUTION - FULTON COUNTY ASSOCIATION FOR POW/MIA'S TO HOLD A PARADE ON SEPTEMBER 15 at 7:00 P.M. First reading, read by title. Motion by Alderman Kovachevich, second by Alderman Zilly, the resolution be adopted. Discussion. Police Chief Robert Molleck was asked to contact the state for the permission to cross the highway. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, May, Chapman. NAYS - None. 6 AYES 0 NAYS 2 ABSENT. Motion carried. Resolution being #2075. EXECUTIVE SESSION - PERSONNEL. Motion by Alderman Sarff, second by Alderman Steck, to go into executive session to discuss Personnel. Voice vote, motion carried. Unanimous. This portion of council recessed at 7:04 P.M. The excutive minutes are on file in the office of the city clerk. Council reconvened in open session at 8:01 P.M. When council reconvened in open session Wayne Ubank arrived to discuss the Heinz/CIC Lease Agreement. Jim Malmgren City Attorney reported that his objection to the lease is uncier section 14, subparagraph 4 which reads: If CIC has given a mortgage on the premises, CIC shall provide that default or foreclosure will not affect the lease. Jim Malmgren said the city would be responsible for seeing that Heinze's business stays in the building, this language does violence to the mortgage given by CIC. Pdayne Ubank responded that he c~idn't care if the lease is with CIC or the City, we don't want to invest alot of money in improvements, then we are looking to relocate. Jim blalmgren said that CIC can't give you that guarantee? You have to wonder what you're buying here? Mayor Edwards asked Wayne to discuss this with their attorney and Rod Heinze to try and work out suitable wording. We , want to work with you. Mayor Edwards asked Wayne how much assurance do you have if we don't grant you a lease and the company goes under? Jim Malmgren said we can concur with any reasonable language that is without an absolute guarantee. ADJOURNMENT: Motion by Alderman Chapman, second by Alderman Sarff, to adjourn. Voice vote, motion carried. Council adjourned at 8:38 p.m. v ~ - (~~-~i~!r,'~~~, ~ ~ ~ ~ ~ CITY ~ LERK ~ APPROVED: MAYOR