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HomeMy WebLinkAbout08-20-1985 Council Minutes ze~ A regular meeting of the Canton City Council was held on August 20th, 1985 in Council Chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETTNG, FOLLOWED BY THE INVOCATION GIVEN BY MAYOR DONALD E. EDWARDS. Mayor Edwards asked for roll call at 6:30 p.m. Present: Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, May, Chapman. Absent: Alderman Bohler, MINUTES OF JULY 16 MEETING. Motion by Alderman Sarff, second by Alderman Falcone, the minutes of July 16th be accepted and placed on file. Voice vote, motion carried. MINUTES OF AUGUST 6 MEETING. Motion by Alderman Zilly, seconc~ by Alderman May, the minutes of Piugust 6th be accep~ed and placed on file. Voice vote, motion carried. BILLS FOR JULY. Motion by Alderman Kovachevich, second by Alderman Sarff, a11 bills properly approved be paid. Rol1 cal1. AYES - Aldermen Chapman, May, Workman, Sarff, Falcone, Zilly, Kovachevich. NAYS - none. Motion carried. 7 ayes 0 nays 1 absent. COMMUNICATIONS FROM CLIFF SAGASER - CITY ENGINEER. At the August 27 ;~Iechanical Committee meeting we will be accepting bids on a garbage truck, roof repairs on the Comfort Station and accelator repairs. We will also be accepting bids a~ the council mee~ing of September 3rd for the resurfacing a~ ~he Enterprise Drive. It takes 45 days for pl.ans to be approved by IDOT for the Intake Tower construction and we hope to have them completed by this week end . The recent odor problem in the water, you should find it subsiding on a daily basis, The fire chief has been conducting flushing of the water hydrants, We've done everyth.ing we coulc~ at the water plant to help solve ~he problem, including contacting the Illinois EPA and other state agencys. They did recommend to us to feed potasium fermaganate, which. we have not done before. Cliff said he would be asking for approval of a new feed pump which is approximately $700 to $800. The other feed pump was used ~o pump the potasium fermaganate. Cliff explained the blue-green al.gae which exist in the Canton Lake when the temperature is above 70 and 80 degrees. Part of the reason for the temperature of ~he water being as warm as it is, is because were turning the water over every 7 days, We have no control over where the water comes into our intake tower. The footing structure has failed. Often times when you have bad taste in the wa~er you can treat it with an induced amount of carbon. But even inducing the extra carbon doesn't really solve the problem, The EPA suggested this potasium fermaganate, its not unusual this happens. The aeration system in the lake takes care of one thing but it adds a problem which keeps the water basically lukewarm. We have induced more chlorine to our system which was suggested by the EPA. . There is no harm in drinking the water, there's nothing wrong with what we can tell with out testing. Mayor Edwards thanked Cliff Sagaser and Ray McKinney for going on open line about the water problem, COMMUNICATIONS FROM DAVE DORGAN - BUDGET ADMINISTR.ATOR & COMMUNITY DEVELOPMENT DIRECTOR. The Canton Industrial Corporation had a news conference today and unveiled some new plans for their facility. They named two w~men to head the business, one as president and the other as vice-President and Financial Advisor. The County Board has supported some health facilities, one being Graham Hospital and the other one is HCR. A representative of HCR 2~8~ CONTINUED AUGUST 20, 1985 Stan Fouts gave a presentation. He said that there is a bed need that has been cited by the state for the Canton area of Fu~.ton County . Our f igures te~.l us that the pro j ections for the next 3 or 4 years are in fact 72 beds. This is based upon your own states form~.lation, which states your entire census data and they run that thru a lengthy process to de~e~ine bed needs. We have been in the business since earl.y 1960's. We operate in about I1 states. We provide qual.ity nursing home care. Mr. Fouts clarified: 1) Stan Fouts is a licensed administrator. The facility would be a~.00 bed facility with employment of 100 - 115 people. 2) The facility they would build in this area would consist of 72 bed skilled ~ nursyng care, 28 other beds would ~ be assistance living (sheltered care). (U In our full operation we like to work with medicare funding and W reimbursement, as well as medicade. m Alderman Sarff asked how many employees would be from outs~de Q the Canton area? Stan said only people we hire outside are support people, they are the corporate support staff. Which are corporate accounting to maximize sufficience. Alderman Chapman asked how many of the employees will be profes- sional registered nurses? Mr. Fouts reply was when your in a skilled facility your looking at a nursing component of 7 registered nurse's per day. Alderman Workman asked if this proposal ran in competition with Graham Hospital's recent plans? Mr. Fouts response was that we are feeling that w~ are meeting the need. We don't preceive ourself ~ as being in competition. The state determines the bed need. Mr. Fouts said the facility would be located north of town in the city limits. Mayor Edwards asked that Mr. Fouts meet with the city engineer on this issue, At the committee meeting I was instructed to locate an appraiser for property in Milwaukee Wisconsin that's been offered for collateral. I did make inquiries and did get a review appraisal, and felt the review appraisal was adequate. PUBLIC HEARING - 7:00 P.M. CDPA APPLICATIONS. Motion by Alderman Workman, second by Alderman Zilly to adjourn for a public hearing. Voice vote, motion carried. Council recessed at 7:00 p.m, for the purpose of a public hearing. ,a The purpose of the hearing was to look at 3 separate CDPA applications whinh are applications that go to the State of Illinois for their fixed rate fund financing program which is attached to SBA loans, reported Dave Dorgan. Community Development Director. The three loans are Victor Mason for ~he expansion of his business in the amount of $5,000 for 10 years at 5%; Dr. Dale Harrison for a office of Chiropractic services in the amount of $8,000 for 7 years at 5%; and Surendra Thakkar for a radio shack in the amount of $16,000 for 10 years at 5%. Those amounts are based on figures set by the amount of personnel, compared to the ratio with the amount of their actual loan. Mayor Edwards asked if anyone in the audience wanted to speak? No one responded from the audience. Mayor Edwards asked if any council member wanted to speak? Alderman Chapman asked if there raere any security attachments? Dave Dorgan said what we would want to see from the State of I1linois is they grant the award of these fund dollars, then we negotiate a loan agreement and ask for security at that time. ~82 CONTINUED AUGUST 20th, 1985 Mayor Edwards said he was representing Canton merchants who did not disagree with either of the applican~s who are present (Vic and Barb Mason, Dr, Dale Harrison) but they disagree with radio shack, It goes against their business dealings to loan money at low interest for people coming in with competition against them. I understand where their coming from, we'd feel the same way if they could get cheaper mottey then we could get, and we've been here struggling for years and couldn't get the same interest rate. I'm speaking for people who have expressed interest to me but still didn't want to come to the hearing because it sounded like they were against competition. Their not against competi~ion their against structure of the low cost interest if they can't get. If they qualify for SBA loans then they would be eligible for this same application, so it is open to all to go thru this type of procedure, Mayor Edwards said he's not against radio shack coming to Canton, he's only expressing words that have been given to him confidentially and I told them I would speak in generality. So there is people who don't agree with ~his type of program. Alderman Falcone said we can all appreciate the fact that we would not like to have competition in town. But there aren't too many business's without competition. I don't believe we can look down the road and determine who were going to give loans to based on whether or not were going to create competition. I can certainly understand your comment and concern for those peop~e. Our business like any other business is facing competition and it ma.kes us all sharper. To me this is not an excuse to not allowing a loan to any business. Motion by Alderman Falcone, second by Alderm~.n Sarf.f, to adjourn the public hearing and go in~o open session. Voice vote, motion carried, Council went into open session at 7:09 p.m. Motion by Alderman Sarff, second by Alderman May, to move ~Che resolutions for Vic Mason, Dale Harrison and Surendrea Thakkar up on the agenda. Voice vote, motion carried. RESOLUTION - SUPPORT BY THE CITY COUNCIL FOR CDAP APPLICATION FOR VIC MASON. First reading, read by ~itle. Motion by Alderman Sarff, second by Alderman Kovachevich, the resolution be adopted. Dis- cussion, Alderman Falcone asked what does this actually do? Dave said this is the authorization for us to make the application. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, May, Chapman. NAYS - none. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being ~~1102. RESOLUTION - SUPPORT BY THE CITY COUNCIL FOR CDAP APPLICATION FOR DALE E. HARRISON. Firs~ reading, read by title. Motion by Alderman Kovachevich, second by Alderman Zilly, the resolution be adop~ed. Roll call. AYES - Aldermen Chapman, May, Workman, Sarff, Falcone, Zilly, Kovachevich, NAYS - none. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being ~~1103. RESOLUTION - SUPPORT BY THE CITY COUNCIL FOR CDAP APPLICATION FOR SURENDRA M. THAKKAR. First reading, read by title. Motion by Alderman Zilly, second by Alderman Falcone, the resolution be adopted as amended. Discussion. Dave Dorgan said the title should have the name Ashwin Thakkar. Roll call. AYES - Alder~men Kovachevich, Zilly, Falcone, Sarff, May, Cha.pman. NAYS - Alder- man Workman. Motion carried. 6 AYES 1 NAY 1 ABSENT. Resolution be ing ~~1104 . COMMITTEE REPORTS: Finance. Council Action Motion by Alderman Kovachevich, second by Alderman Sarff, to approve ~8~ CONTINUED AUGUST 20th, 1985 a thirteen year schedule ~or the re~irement of the sewer bonds. Voice vote, motion carried. Motion by Alderman Kovachevich, second by Alderman Sarff, the pro- posed sewer bond sale be on or about October T5th. Voice vo~e, motion carried. Motion by Alderman Kovachevich, second by Alderman Zi11y, an~ord- inance be drafted to allocate $40,000 from the Public Benefit Fund and $20,000 allocated from the Hud Amendment Fund and advertise for bids for the paving of En~erprise Drive in Ent~rprise Park. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, May, Chapman. NAYS - none. Motion carried. 7 AYES 0 NAYS 1 ABSENT, Motion by Alderma.n Kovachevich, second by Alderman Sarff to approve ~ the purchase of a radio ~or the police dept, and to be paid from ~ the Revenue Sharing funds, Discussion. Bob Molleck Police Chief said the radio was put out for bid and Motorola was the low bid. (U Roll call, AYES - Aldermen Chapman, May, Workman, Sarff, Falcone, W Zilly, Kovachevich, NAYS - none. Motion carried. 7 AYES 0 NAYS m 1 ABSENT. a Legal & Ordinance. Council Action Motion by Alderman Sarff, second by Alderman Falcone, the Country Club contact the land Management of the Illinois EPA telling them of what kinds of chemicals they'll be using and a copy of the report to the city engineer, and nothing be done until our letter is received from the Land Pollution Division and we waiue our require- ments that they be hooked on to the sewer. Discussion. Jim Malmgren City Attorney stated he had spoke ~Co William E. Hutton who is an attorney in the enforcemen~ division of EPA. I explained what the Country Club was seeking and the reason for the facility. Mr. Hutton who I know moderately well and whose juclgemen~ I trust has indicated to me tha~ there is no requirement in either the state or federal EPA regulation that these be hooked up, We would have the authority to wave our own ordinance in any specific instance without violating any federal or state req_uirements, In as much as the reason for the facility or one of the reasons is to have a shower available when an employee becomes contaminated with a toxic chemical. He strongly recommends that a septic system with a seperate field not be utilized, but that everything be vented into a holding tank, His concern on that is some chemicals, dependin~ on which ones might be used, would not take a great deal of volumeof the chemical to contaminate the entire underground water supply for the community. Mr. Hutton has indicated to me that he does i~ot believe any EPA~~p~rmit is required. But he has given me the name of a contact individual in the Land Pollution Division of the Illinois EPA. I strongly recommend to the council that if your ~oing to wave this requirement that you give serious consider~a~ion to-1) condit'ioriingthe waiver on the ins~allation of a holding tank. 2) that there be no actual work in installing the system until we have written confirmation from the Land Pollution Division of the Illinois EPA; that they approve of what's going to happen, Rol.l call. AYES - Aldermen Chapman, May, Workman, Sarf~, Falcone, Zilly, Kovachevich. NAYS - none. Motuon carried. 7 AYES 0 NAYS 1 ABSENT. Cliff Sagaser City En~ineer said representatives of the FmHA appeared at the Legal & Ordinance committee meeting trying to solve a problem they have on a house which was recen~ly annexed, which is located on the east side ot 20th Avenue, between Chestnut Street and [,lalnut. We have talked in the past and talked at co~nittee, the possiblity that some type of water line may some day be constructed southerly from Chestnut to Walnut an~. perhaps on Walnut along the north side back to 17th Avenue. We don't know when this could be done, but it would be some participation between the people who live there and the city. There is a 2 inch line the city maintains, located 350 feet z84 CONTINUED AUGUST 20th, 1985 west of the east right-of-way of 20th avenue and they maybe able to hook onto that if they can obtain an easement from the owners of that property, Jim Malmgren City Attorney said he spoke with Sue Ebbets with the Illinois Department of Conservation concerning whether or not a lease arrangement with Banner Township would suffice to allow the township to receive Marine Motor Fuel Tax Funds. And I was told that it would suffice. And I talked to Banner officials with the provision by adding and allowing the city to terminate the ].ease agreement if we make the determination that the property is needed for economic development or redevelopment. We could certainly have such a provision in a lease agreement, but at a minimum would have to agree the township would have uninterrup- ted use of the property for a minimum of l years and a maximum of 25 years depending upon how much Marine Motor Fuel Tax money ~ they receive. What I'm told is that if one receives less then $25,000 in Marine Motor Fuel Tax Funds then you haue to commit your- self to operate the boat landing for a period of l years. If you receive from $26,000 to $100,000 then its for 12 years, If you receive from $100,000 to $250,000 its for 17 years. If you receive $250,000 or more its for 25 years. I'm in a position to draft an agreement and to send it to the town- ship with an informational copy to the Department of Conservation for their approval, The deadline for the application is March lst of 1986 for the grant. This will be a grant ~o the township. Mayor Edwards suggested that Jirn be allowed to work with the town- ship attorney and come back to the Building & Grounds committee with a report and make some recommendation to send back to the council. Community & Development. Council Action Motion by Alderman Sarff, second by Alderman Falcone, Robert Wheeler be granted a one (1) year extension of putting up a building for his business. Discussion, Dave Dorgan said he spoke to Robert Wheeler, We have a lease purchase agreemen~C to put up the building within the lst year. The committee's recommendation after being explained to them that Mr. Whee~.er was forced back in his plans for a number of reasons, that he be gran~ed another year. Rc~ll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, May, Chapman, NAYS - none. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Motion by Alderman Sarff, second by Alderman Chapman, that Dave be instructed to write a letter to the correctional facility to agree to use their manpower. Discussion. Alderman Sarff said the commit- tee recommended using workers from the Hanna City correctional : facility. Voice vote, motion carried. Negotiations, Grievance & Personnel. Council Action None. COMMUNICATIONS FROM MAYOR EDWARDS. Mayor Edwards reported that thru a telephone poll the Liquor Cornmission goes along with the request for the Friendsl~ip Fe~tival ~o be allowed a.beer and wii~e license, and ask you to concur with the application. Motion by Alderman Sarff, second by Alderman Zilly, a Special Class liquor license be granted to the Frienship Festival for a beer and wine license. Discussion. Alderman Falcone asked the city attorney of the legality of the poll by phone? Mayor Edwards said we had approved the license by 4:00 o'clock, it had been lost in transit. Jim Malmgren City Attorney said he suspected ~he intend of the open meeting act is that there would an actual meeting, I question whether ~,~re could j ustify the 24 hour notice . Motion and second withdrawn. ~G. O ~ CONTINUED AUGUST 20th, 1985 Canton Industrial Corporation made an announcement today of two women heading the company, one as President and the other as a Financial officer. Its the catalyse we need to put people back to work, stated Mayor Edwards, OLD BUSINESS: RESOLUTION - AUTHORIZING JOINT ACQUISITION AND OPERATION OF WATER WORKS SYSTEM, Second reading, read by title. Jim r4almgren City Attorney explained that there has been a one pa~e replacement. It has a new paragraph 4. Mayor Edwards recomanended that the resolu- tion be passed and Jim Malmgren be appointed to serve on the tiaater Commission. Motion by Alderman Sarff, second by Alderman Workman, the resolution be adopted and Jim's appointmen~ be confirmed. Discussion. Alderman Falcone complimented the city attorney as all of his concerns were ~ taken care of, Roll ~all. AYES - Aldermen Chapman, May, Workman, N ~arff, Falcone, Zilly, Kovachevich. NAYS - none. Motion carried. W 7 AYES 0 NAYS 1 ABSENT. Resolution being ~~1105. ORDINANCE - PROVIDING FOR A STOP SIGN AT ASPEN DRIVE AND EAST SYCAMORE Q DRIVE, Second reading, read by ti~Cle. Motion by Alderman Zilly, second by Alderman Workman, the ordinance be placed on its passage. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Work- man, May, Chapman. NAYS - none, Motion carried. 7 AYES 0 NAYS 1 ABSENT, Ordinance being ~~1075. EXECUTIVE SES'SION - PERSONNEL; THREATENED, TMMIi1FNT AND PENDTNG _ LITIGATION. Motion by A~de t~ Falcone, second by Alderman Sarff to go into executive session~~Pte executive session be moved up on the agenda, Roll call. AYES - Aldermen Chapman, May, G]orkman, Sarff, Falcone, Zilly, Kovachevich. NAYS - none. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Council recessed at 7:54 p.m. Council reconvened in Executive Session at 7:56 p.m, The Executive minutes are on file in the office of the city clerk for review, Council reconvened in open session at 8:50 p.m, ORDINANCE - TAX LEVY, Second reading, read by title. Motion by Alderman Sarff, second by Alderman Zilly, the ordinance be placed on its passage. Roll call. AYES - Aldermen Kovachevich, Zi11y, Falcone, Sarff, Workman, May, Chapman. NAYS - none. Motion carried, 7 AYES 0 NAYS 1 ABSENT, Ordinance being ~~1076. ORDINANCE - PROHIBITING PARKING ON THE SOUTH SIDE OF WEST PINE STREET AT ADDRESS OF 44 WEST PINE, Second reading, read by title, Motion by Alderman Kovachevich, second by Alderman Workman, the ordinance be placed on its passage, Roll call. AYES - Aldermen Chapman, May, Workman, Sarff, Falcone, Zilly, Kovachevich, NAYS - none. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Ordinance being ~k1077. NEW BUSINESS: BIDS - PEST CONTROL SERVICE, Motion by Alderman Kovachevich, se.cond by Alderman Sarff, to open the bids. Voice vote, mo~ion carried. Bids were received from: Canton Pest Control for $585.00 a year; American Pest Control for $576.00 a year; Powell's Pest Control for $516.00 a year; Spoon River Pest Control for $420.00 a year. Motion by Alderman Sarff, second by Alderman Falcone, to refer the bids to Building & Grounds committee and the city enineer to work ~tp a spread sheet. Voice vote, motion carried. 28~ CONTINUED AUGUST 20th, 1985 ORDINANCE - AMENDING TITLE 3, CHAPTER 8, SECTION 9, 13 & 20, REL- ATING TO CERTAIN INTOXICATING LIQUOR OFFENSES AND PENALTIES, First reading, read by title. Mayor Edwards stated that this ordinance an~ the one on animal control was recommended by the chief of police and the city attorney that they be passed on first reading. Jim Malmgren City Attorney said ~his ordinance contains in ~he revision of Section 9-D a clarification as to unlawful possession of alcholic liquors. So that it now states no person shall have in its possession, actual, constructive, or, otherwise intoxicatin~ liquors, Mo~ion by Alderman Sarff, second by Alderman Workman, the suspen- sion of the rules for the purpose of passing the ordinance. Dis- cussion, Alderma.n Falcone asked the city attorney why he was seeking suspension of this ordinance? Jim Malmgren City Attorney said the ordinance comes about in part because of the unfortunate incident that resulted in death and injury, Part of the ~hrust of this is been levying fines sufficient enought so that if someone is working it off at minimum wage ~heir going to spend a fair number of hours pushing a broom, Where ever possible the violators will be doing public service work, Alderman Falcone said he agree~ whole heartly, but his only problem is an ordinance of this magnitude, the reason we have two readings is for the people to be notified and ~o give them time to respond to it. I guess that's potentially most times why I'm against suspension of the rules. Roll call. AYES - Aldermen Sarff, Workman, May, NAYS - Aldermen Kovachevich, Zilly, Falcone, Chapman. Motion defea~ed. 3 AYES 4 NAYS 1 ABSENT, Mayor Edwards explained that the Cable TV Ordinance has been prepared and sent to the cable tv authorities. ORDINANCE - AMENDING TITLE 6, CHAPTER 4, RELATING TO ANIMALS. First reading, read by title. Mayor Edwards expla.i~ed th~t and e.ldezly gentlemen had been bit~enseverly in his own yard by a pi~ bull dog. The neighbor informed the mayor that the dogs are back home and running loose again. Motion by Alderman Falcone, second by Alderman Workman, to suspend the rules for passage of the ordinance. Roll call. AYES - Chapman, May, Workman, Sarff, Falcone, Zilly. NAYS - Alderman Kovachevich, Motion carried. 6 AYES 1 NAY 1 ABSENT. Motion by Alderman Sarff, second by Alderman Zilly, the ordinance be placed upon its passage. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, May, Chapman. NAYS - none. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Ordinance being ~~1078. RESOLUTION - APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND HAZEL WHEELER. First reading, read by ~itle. Motion by Alderman Kovachevich, second by Alderman Sarff, the resolu~ion be adopted. Roll call, AYES - Aldermen Chapman, May, Workman, Sarff, Falcone, Zilly, Kovachevich, NAYS - none, Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being ~~1106. ORDINANCE - PROVTDING FOR THE USE OF PUBLTC BENEFIT TAX FUNDS AND HUD ADMENDMENT FUNDS IN PAVING OF ENTERPRISE DRIVE. First rea~ing, read by title. RESOLUTION - APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE FULTON COUNTY HOUSING AUTHORITY, First reading, read by title. Jim Malmgren City Attorney reported normally we would simply have a lease agreement, but in working with the attorney for the Housing ~uthority he prefers a license which is more easily provoke at the Housing Authority's option, This is basically a draft agreement which had some changes made and sent back in a form of a license. The purpose of the license is to allow the police and fire department to install a base radio station and main an~enna on ~op of the high rise, so we can have better reception. We will be required to give 287 CONTINUED AUGUST 20th, 1985 the usual sort of guarantees. We will carry the Housing Authority and the premises in question on our insurance policy at all times. Will provide them with coverage under our insurance policy during the construction phase. Will do the types of things that you would expect we might do. Will hold them harmless by reason of any injury to their building or to persons which injury caused by our negligence. The consideration were paying for this is a$1.00 a year. Motion by Alderman Sarff, second by Alderman Workman, the resolution be adopted, Roll call, AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, May, Ch~pman. NAYS - none. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being ~k1107. ~ ADJOURNMENT: Motion by Alderman Kovachevich, second by Alderman Falcone, to adjourn. Voice vote, motion carried. Council adjourned at 9:17 p.m, ~ ~ ~ ~1.~ m Q r E I s-' APPROVED. YOR