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HomeMy WebLinkAbout10-03-1989 Council Minutes 086 A regular meeting af tr~e Car~tori City Council was k~eld on Octaber 3, 1989 in council chambers. PLEDGE OF ~LLEC~IE',T~CL Ui~~1~1-~D `I't~t; 1~,E~TItJG FULLUFJEU I3Y TtIE IPdVOCATIUN GIVEt1 fsY iltji~CY i~;i~T7:`LS CITY CL1i;hK. Nlayor Edwards asked for rc~ll call ~t e:3U P.h1. ]~resent - Alcierrnen ~:ovachevich, ~illy, Steck, Sarff, Nieade, l~nhler, i~ay, Chapraan. Absent - t~~rYe. MINUTES OF SEPTE~iBER 19. tlatior~ by E~lci~rman Zilly, secarld by ~~lderman Sar~f , the rainu~es c~f Septertber 19 be accepted and placeci on file. Voice v~te, rnotion carried. COAiT~IIT~EE REPORTS : Public Safety & Traffic. Council Action None. Streets & Garbage. Council Action Niotion by Alderm«n I~leade, secona by E~lc~err~i~n tsohler, to proceed with the plan to ac~a ac~diti~r~al street lic~hts on West Locust 5treet fr~m Avenue li to l~vEnue I. Voice vote, ~lotion carried. Unanimous. 1~lotion by t~lderman i~ieadE:, 5E'CdriC~ by ~~lc~erntan 1~lay, the city attorney instructect ta ~rait ar~ oz~diriaiice removing parkinq on the west side of 5outh ~v~:r~ue 1~ in tt~e ~00 block. Discussion. Alderman I~ar,ler said. the ciiscussian on this street had been tablea us Y~e hac: riat Yi~~ time ta check on it . Iie now ac~rees to elimin~te the parr.ing. Voice vote, motion carriect . Unanimous . liotion by Al~errnan Dleade, s~c~nc~ by ~~luerman Isohler, to instruct the city attorney ta araft «n oY•c~inance to place a stop sign at the "T" intersection of Vur~ vJinkle & Avenue F. Voice vote, motion carried . 2 tdaYS . Alaerrlen Sarf F, Steck . Lake, Building & Grounds. Council Action I~Iotion by F~lderman Ch~.priari, secarid by ~11aeY°i~ian T~lay, the repair of the chimney far the city builairir k~e sent back to the Lake, Building & Ground5 Cor,miittee. Voic~ vote, motion carried. Unanimous. Public Works, tiVater & Sewer. Council Action Nlotion by ~lderinan 1~•Iay, secor~ci by E~la~rrlan Steclc, to approve the extension for a w~rter linE t~ the City of Cuba. Discussioi~. ~11~erman Steck stdted that ull resir~ents requesting w~ter that live outsic~e the City h~ve agreed to annex into the City. ~lcierman Chapman saici he woulc: vote arainst this. iiayor Eciwarc~s said you could vote for the concept anci wait until they 5ign pre-annexation letters ! E,lderinurl Steck said we should riot hinaer the exp~nsion of Cubc; ~Il growth. ftoll call. AY~S - AlderT:~en Nlay, t~ohler, I~~i~ac~e, 5ar1f, Steck, Kovachevich. PdAYS -~1lcierr~en Chapmun, Gilly. ~i t'~YES 2 PlAYS U A~3S~11T. I~Iotion carri~d. ~87 CONTINUED October 3, 1989 COMMUNICATIONS FROM MAYOR EDWARDS. Motion by Alderman Zilly, second by Alderman Chapman, the appointment of Lewis 4Jhiteman of 364 Park Court to the Planning & Zoning Commission be confirmed. Voice vote, motion carried. Unanimous. Nlayor Edwards reported that the large plastic tank the sewer department stores chemicals in to treat the odor problem on North llth Avenue is nearly empty and a decision needs to ~ be made. I ~ Motion by Alderman Bohler, second by Alderman Meade, the approval to purchase 3,000 gallons of a chemical called Ferrous Sulfate that feeds into the system for odor control of hydrogen sulfide for a total cost of $1,155. Discussian. Mayor Edwards said discussion will be held later to decide if we purchase the equipment that consists of a holding tank for the chemical and two pumps. Roll call. AYES - Aldermen Chapman, Niay, Bohler, Meade, Sarff, Steck, Lilly, Kovachevich. NAYS - None. 8 AYES 0 NAYS 0 ABSENT. Motion carried. Bonnie Schultz who is representing the St. Mary's Church spoke to council about a raffle they are having a sell on calendar's to update their educational program. There are 325 chances that cost $20.00 and you can win anywhere from $40 up to $500. There are 2500 calendars to be sold. A total of $1,200 will be put back into prize money. Cliff Sagaser, city engineer reported that Well #2 was tested today and is pumping approximately 240 gallons a minute. The pump is now 650 feet below the surface of the ground. I'm not happy with the well nor is the well contractor, he thought when it was 'shot' it would do better than it has. ~ a~ The well contractor feels if we would be willing to acidize the well it would increase production from the well. According to the bid of LJehling Well 6Vorks acidizing would cost $1,875. Cliff Sagaser, city engineer, reported we have 2 choices of what can be done. Option 1 is to change the bowl on the pump and lower the pump to 950 feet, that would allow ~ million gallons at a cost of $15,000. Option 2 is to drill down 900 feet more, that wauld give approximately a million gallons a day at a cost of $60,000. We have to know by noon tomorrow. Diayor Edwards said he would poll each alderman on their decision sometime before noon tomorrow. OLD BUSINESS: Mayor Edwards said sometime back we considered a special use permit for a downtown building. We need a legal opinion from Jim Malmgren, city attorney, to make some kind of a decision as to what you, the council should do. We had said at that time in July we would consider this ordinance when we had all aldermen present. 4Ve are now ready to act on the ordinance. Jim Malmgren, city attorney reported that the ordinance had been tabled to a time when the full council was available. It's my understanding the city today received your request that the ordinance be brought back from the table for second reading. In order to do that you'll have to make a motion ~ to take that ordinance off of the table and to place it on the agenda for second reading and final action. The motion requires a second and a simple majority vote. At that point the matter is brought back before the council and placed on the agenda. It's brought back as a new item so you clearly begin again with your motion, discussion and a new vote. 088 CONTINUED Octobe 3, 1989 Alderman Kovachevich said that he believed that the ordinance was orginally voted on by a vote of 3 to 4 wasn't it? Jim Nlalmgren then read from the minutes of July 5th, 1989, the minutes read...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. After the reading of those mintues Jim Malmgren then said that is public record as I find it. Alderman Kovachevich stated instead of voting to table and after thinking it over to reconsider, we could of made a mistake. I would like to have the city attorney explain to me when the vote was 3 to 4 to defeat, how you can make a motion to table? Jim Nlalmgren then answered, a motion to table can be made at anytime prior to the taking of a final vote. When you get into it there was discussion whether the mayor is required to vote. My opinion then was yes, and I think he is required to vote. If he was required to vote, and I am still of that opinion, then the vote was not complete and the motion to table was in order. It makes no difference at this point since no objection to the motion to table was timely made at that meeting. The chair has ruled that the motion to table has carried. And that is the record I have to report to you this evening. Alderman Kovachevich said he is not questioning what's on the floor, he is discussing the point of order. The mayor could of voted but he didn't, so you can then make a motion to table, is that correct? Jim Malmgren, city attorney said, no, that's not the statues at all. Alderman Kovachevich said that's the way it turned out. Jim NIalmgren said, no, you are saying there are a number of votes taken which is certainly true. You are implying that the voting was completed. The voting was not completed, so the motion to table is in order. The motion to table carried. Even if the motion to table was improper no objection was made to it at that time. No objection having been made at that time the chair having ruled the motion to table carried and that the matter carried and your now faced with the situation where you'll either going to leave it on the table, or, by motion going to bring it back to council by action at this agenda or some agenda. I understand your complete question and the chair has ruled the motion carried. And that's the record I have to advise you on. Alderman Kovachevich said, you made the ruling and I sincerely don't have to agree with you. Mayor Edwards said I think a motion to bring it back to the floor. We indicted at that time when we had a full council we would consider it. Motion by Alderman Zilly, second by Alderman Bohler the ordinance be moved from the table and placed on the aenda. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, Bohler, Nlay, Chapman. NAYS - None. 8 AYES 0 NAYS 0 ABSENT. Motion carried. Jim Malmgren, city attorney, said you start with placing the ordinance on its passage. CONTINUED October 3, 1989 ~ g 9 ORDINANCE - GRANTING A SPECIAL USE PERMIT TO CANTON ENTERPRISES, LTD., A PARTNERSHIP CONSISTING OF HA~tT-AN E. CROUCH AND BOB L. KEIME, AND DONALD A. KUMER. Second reading, read in its entirety as requested by Alderman Sarff. Motion by Alderman Bohler, second by Alderman Chapman, to place the ordinance on its passage. Discussion. Alderman Zilly mentioned that a lot of discussion has been held on this and the special use requested is for a multi-family dwelling, and is in complete compliance with the zoning ordinance. Alderman Chapman said he still feels the same as before, there are several other buildings in that area that have multi-family dwellings. There is no code violations and therefore I will vote for it, same as bef ore . ~ Alderman l~ieade asked numerous questions from the attorney ~ for the petitioner and requested they be on record. What will the rest of the building be used as? If the outreach intends to utilize the downstairs to hold their meetings in, or, what has been originally told to us renting out retail space, if those plans have changed? John McCarthy, attorney for the petitioner answered, the answers are still the same, this is in a B-3 zoning confiquration and would have to comply with the zoning ordinance. I think it is important to point out that Don Kumer is the contract purchaser not Jesus Outreach. There are no plans to use the downstairs for any other purpose other than the purpose allowed by ordinance. In fact we have asked Iris Sepich to attend this evening, she has rented a portion of the downstairs for a business that would comply with the zoning ordinance. Alderman Meade asked, in your opinion are the meetings that are being held in the back, that I consider a church meeting, do you consider those to be in compliance with the current zoning ordinance? John NlcCarthy responded, never having attended a meeting in the building its difficult for me to answer that. There won't be anything in that building that doesn't comply with the ordinance. If there is, I'm sure the zoning administrator will stop it as he would any other violation of the zoning ~ ordinance. Alderman Meade said, there is no definition in the ordinance on what constitutes a political church. John McCarthy said, churches are not allowed in a B-3 zoning. Alderman Meade stated, so in essence it depends on what you would call it, it depends or not if it complys with the ordinance, it depends on what you decide to label the event that is taking place. John McCarthy said, it seens to me Alderman Meade, we have the cart before the horse here. We're not asking for any zoning change downstairs. If Mr. Kumer or anyone in that building violates the zoning ordinance then he is to be dealt with like anyone else who violates the zoning ordinance. All we are asking for is a multi-family use permit for the upstairs. I don't even think that's an issue this evening, I don't think its relevent. , Alderman Meade said, in terms of granting the request I agree with Alderman Zilly. There are 2 separate issues. What is before us is a multi-family dwelling, that's one issue. I think the larger issue is the community wants to know what is going to happen to that building. The concern for the people that talked to me is, they don't want the outreach to run its headquarters in the store front of that building. Anci depending upon how you are going to legally phrase that what happens to the building could very well hinge upon our ~ vote tonight, and very well hinge upon in fact what happens ~ to that building. John McCarthy said, I guess I need to confer with the city attorney and ask him to help me out here. I don't think the issue is how that bottom of the building is used. The issue is whether or not a special use permit should be granted. I don't think you can deny a special use permit because you think he'll violate the zoning ordinance sometime in the future. 090 CONTINUED October 3, 1989 Alderman Meade said, he had no intentions to deny the permit. I want to be on record having it known that the technicality of the ordinance, that we're sitting ourselves up tonight for a special hassle on definition. I think we'l1 see that down the road. I don't believe we can deny based on issue of fact. I would hope we don't want to have to have discussion in the future on what is a church and what is a meeting? I feel we will eventually. Alderman Zilly said, she feels we are getting away from what the issue is. Roll call. AYES - Aldermen Chapman, May, Bohler, Meade, Zilly. NAYS - Aldermen Sarff, Steck, Kovachevich. 5 AYES 3 NAYS 0 ABSENT. Motion carried. Ordinance being #1260. ORDINANCE - LEVYING AND ASSESSING TAXES FOR CORPORATE PURPOSES OF THE CITY FOR THE FISCAL YEAR BEGINNING MAY 1, 1989 AND ENDING APRIL 30, 1990. Second reading, read by title. Motion by Alderman Zilly, second by Alderman May, the ordinance be placed on its passage. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, Bohler, May, Chapman. NAYS - None. 8 AYES 0 NAYS 0 ABSENT. Motion carried. Ordinance being #1261. NEW BUSINESS: ORDINANCE - AMFNDING ORDINANCE NUMBER 1254, BEING: AND ORDINANCE AMENDING TITLE 8, CHAPTER 10, OF THE MUNICIPAL CODE RELATING TO WATER RATES. First reading, by title only. ORDINANCE - CREATING TITLE 8, CHAPTER 19 OF THE MUNICIPAL CODE RELATING TO THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM, PENALTIES FOR VIOLATIONS THEREOF AND, THE LEVYING OF CHARGES FOR WASTEWATER SERVICE. First reading, read by title. ORDINANCE - AUTHORIZING THE ISSUANCE OF UP TO $300,000 GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE), SERIES 1989, OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, PROVIDING THE DETAILS OF SUCH BONDS AND FOR ALL ALTERNATE REVENUE SOURCE AND THE LEVY OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SUCH BONDS, AND RELATED MATTERS. First reading, read by title. RESOLULTION - APPROVING A PRE-ANNEXATION AGREEMENT (WHITE CHAPEL MEMORY GARDENS). First reading, read by title. Motion by Alderman Steck, second by Alderman May, the resolution be adopted. Roll call. AYES - Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS - None. ~ AYES 0 NAYS O ABSENT. Nlotion carried. Resolution being #2080. RESOLUTION - APPROVING A PRE-ANNEXATION AGREEMENT (LEANDER). First reading, read by title. Motion by Alderman Steck, second by Alderman Bohler, the resolution be adopted. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, Bohler, May, Chapman. NAYS - None. 8 AYES 0 NAYS U ABSENT. Motion carried. Resolution being #2081. RESOLUTION - APPROVING A PRE-ANNEXATION AGREEMENT (L.L. BARNARD). First reading, read by title. Motion by Alderman Bohler, second by Alderman May, the resolution be adopted. Roll call. AYES - Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 8 AYES 0 NAYS 0 ABSENT. Motion carried. Resolution being #2082. ~91 CONTINUED October 3, 1989 RESOLUTION - APPROVING A PRE-ANNEXATION AGREEMENT (CHILDERS). First reading, read by title. Nlotion by Alderman Zilly, second by Alderman Steck, the resolution be adopted. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, Bohler, biay, Chapman. NAYS - None. 8 AYES 0 NAYS 0 ABSENT. Motion carried. Resolution being #2083. OItDINANCE - AMENDING TITLE 8, CHAPTER 10 OF THE CANTON MUNICIPAL ~ CODE BY REPEALING TITLE 8, CHAPTER 10 OF THE CITY CODE AND BY ADOPTING TITLE 8, CHAPTER 10 OF THE CITY CODE AS HEREINAFTER SET FORTH. First reading, read by title. EXECUTIVE SESSION - IMMINENT, THREATENED/PENDING LITIGATION. Motion by Alderman Bohler, second by Alderman May, to go into executive session. Voice vote, motion carried. This portion of the council meeting recessed at 7:40 P.M. The executive minutes are on file in the office of the city clerk. ADJOURNMENT: Motion by Alderman Meade, second by Alderman Bohler, to adjourn. Voice vote, motion carried. Council adjourned at 8:00 P.M. r; ~r ~ c~ C RK APPROVE NIAYOR ~ ~