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HomeMy WebLinkAbout12-03-1985 Council Minutes ~30 A regular meeting of the Canton City Council was held on December 3rd 1985 in Council Chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING, 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, Bohler, May, Chapman. Absent: None. MINUTES OF NOVEMBER 19th MEETING. Motion by Alderman Sarf~ second by Alderman Falcone, the minutes of November 19th be accepted and p~aced on file. Voice vote, mo~ion carried. COMMUNZCATIONS FROM CLIFF SAGASER - CITY ENGINEER. Cliff said he made a final inspection of ~he sewer problem in Hemlock Terrace. : We wi11 not be doing any of the work that we p~~n~ed to do. Were making all the repairs to that sewer from inside ~he man-hole. Mayor Edwards complimented the Public Works Department and especially Cliff, Mayor Edwards said his experience as a city engineer paid off here. This was setting extremely close to a house and by setting this sewer pipe down in there, i~ not only protected ~he person down in there, it also protected the foundation of the house. COMMUNICATIONS FROM DAVE DORGAN - COMMUNITY DEVELOPMENT DIRECTOR AND BUDGET ADMINISTRATOR. Mayor Edwards asked ~he Ci~y Clerk Na~cy LJhites to read the following letter... Dated December 2, 1985 Dear Mayor and City Council: It is with much regret tha~ I must inform you that as of January 3, 1986 I will be resi~- ning my position as Canton's Director of Budget and Adminis~~a~ion and Director of Community Development. It has been a pleasure and an honor to have served the Ci~y. I feel much has been accomplished during my tenure in Canton. I'm proud of having been a part of the effort ~o find a new beginning for the City of Can~on. I feel I have been a part of a team tha~ has put togather a number of positive programs. My reason for resignin~ is to accept the posi- tion of Village Manager for the Village of Richton Park, Illinois. I feel this posi~ion provides an opportunity for both my personal and professional growth. I shall sincerely miss workin~ with the Mayor, the City Council, ~he City employees, as well as the citizens of Canton. The one thing I am sure of is that a part of ine will always remain here in Canton, Sincer~Ly, David M. Dorgan Mayor Edwards said its with a great deal of sadness that we accept this resignation and yet were glad for you and Gudrun, its something you can look forward to. The mayor, Dave Dorgan and a couple of bankers went to Springfield and met with DCCA on the B& K Speciality Casting on their SBA application. ~3~. CONTINUED DECEMBER 3rd, 1985 Will hear in the next couple of days one way or another on that particular application. It will eiCher make or break the application for the State Grant Fund, the SBA loan needs to be in place or some sort of financ~ng in regards to the B& K Foundry. There is a grant available thru the Ford Founda~ion of Harvard University for comrnunities that have taken the initiative in economic development. It is an award given on performance of communities that have been working in economic deve].opment. I would like ~o make application for those funds before T, leave the City of Canton. It's actually a pre-application, because this application will be judged and if you are part of ~hose choosen in the final round of 75, then you'll be asked to submi~ a more de~ai~.ed application by March. And then after that they will take a look at the 75 applications ~hey have and narrow those down to various winners. The awards they will g;ive range from $100,000 to $25,000, I think the efforts we've made here in economic developmen~ should stack up well. Its being done largely to collect a case study, an analysis of their economic development ~ program. ~ The application is due January 15, 198b. They will identify those 75 by March 1, 1986, and they will be asked to give more detailed (U applications. W Motion by Alderman Sarff, second by Alderman May, permission granted m to apply for a pre-application from the Ford Foundation of Harvard Q University. Voice vote, motion carried. The Downtown Grant has been in for 22 months. I received communication from Sandy Robinson our DCCA representative, she repor~s that were on the list for a site visi~C, which has not been arranged yet. It should be sometime this month, it puts us in the running for those funds, The Negotiations, & Personnel Committee will be discussing the poll that was taken recently on Life Insurance p~.id £or by the employees and previously presented by three insurance companies, Dave said we have a request from one of our loan program, Phillips and Associates is asking for a 10 day extension of a paymen~ due on December 7th. They are in the process of applying for additional state funds, but they need a match for those particular funcls, They are to be re- viewed on December 12th for ~hat particul.ar grant. Ma~ching funds that are available at that time are crucial. It will not harm us in anyway, because we do not have to make our report ur~til the end of the month. Motion by Alderman Falcone, second by Alderman Kovachevich. to allow Phillips and Associates the extension of payment unti7. December 17th. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich, NAYS - None. Motion carried. 8 AYES 0 NAYS 0 ABSENT. The committee for 'Recognition of Steve Nage1' hasn't met recently. The committee has asked the Parlin-Ingersoll Library if they could put up a display, the library agreed. GOMMITTEE REPORTS: Public Safety & Traffic. Counci7. Action Motion by Alderman Falcone, second by Alderman Zilly, the city pay $540. which is ~ for Auxiliary Police patrollin~; the downtown during Christmas, (The merchants will pay the remaining $540). Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, Bohler, May, Chapman. NAYS - None. Mo~ion carried. ~ AYES 0 NAYS 0 ABSENT. 33~ CONTINUED DECEMBER 3rd, 1985 Motion by Alderman Zilly, second by Alderman Falcone, the mayor's appointments of Auxiliary Police Randall L. Archdale, Robert I, Wust, Debra L. Zaborac, Donald S, Taylor, be confirmed. Voice vote, motion carried, Informational: Alderman Falcone sai.d that le~ters were sent to all of the Aldermen about ~he request of the Dai1y Ledger for the elimination of 2 parking spaces behind the Ledger. The motion in committee died for a lack of a second. Mayor Edwards said its just becau~e of the commit~ee's failure to make a decision, so the mayor is asking the council to make a decision and go along with the plan of Clif~ Sagaser City Engineer that he provided to us for 2 parking spaces be eliminated, where the parking is now at 90 degree parking. Mayor Edwards said if you go by the proposed plan, your gaining 7 parking spaces. Mot~ion by Alderman Sarff, second by Alderman Workman, the proposed changes per the city engineer's plan be implemented. Discus~ion. Alderman Falcone asked if ~he council was voting on the revamping of the parking lot or are rae voting on the Daily Ledger reques~C? Mayor Edwards said the proposal that was given to the committee was revamping with those 2 parking spaces eliminated. Alderman Falcone asked the council to excuse him from voting on the motion. Motion by Alderman Kovachevich, second by A~.derman Zi11y, to excuse Alderman Falcone from voting pn the proposal to change park~.ng in the lot behind the Daily Ledger, Voice vote, motion carried. Roll call. (to accept the proposed changes per the city engineer's plan). AYES - Aldermen Bohler, Workman, Sarff, Zi11y, Kovachevich. NAYS - Aldermen Chapman, May. Motion carried. 5 AYES 2 NAYS 0 ABSENT 1 EXCUSED FROM VOTING, Streets an d Garbage. Council Action None. Buildin~ & Grounds . Council Action Motion by Alderman Workman, second by Alderman Falcone that White Oak Tap be granted approval on a permit basis to construc~ a temporary outer enclosure. Discussion. Jim Malmgren City Attorney said you have an ordinanee that prohibits unilaterally blockage of a public way, wheth~r its a road or a sidewalk. What your talking about here is something that you'd be doing by agreement. I'rn hesitant to say to you you should do rhis. Its a matter of policy, and I hate to see a precedent set unless you draw some very narrow bounds around it. You have 2 separate business's wanting to do this, and I'm pleased that your motion deals with them individually and not collectively. I recommend that if your going to do this that you make findin~~ o,~ fact to support what your doing. I also recomanend to you that you make these distinctionsand make them in the record. I also suggest to you that you consider a permit or other type of system, where you can unilaterally for any reason at any time revoke the permit. Alderman Falcone said he'd have to see some type of request fro~cn Gale's Lounge before he could vote on it. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, Bohler, May, Chapman. NAYS - None. Mo~ion carried. 8 AYES 0 1~AYS 0 ABSENT. 333 CONTINUED DECEMBER 3rd, 1985 Alderman Sarff said since specifications presented by W'h.ite Oak Tap to the committee,would be out of the city engineer's realm to arbitr- arily look at these, and i~ he has a problem with them to refer them back to the committee. Or give him the authority to ~ake them on a one on one basis, or should they come from the individual? Mayor Edwards said ~hat in talking to Gale Derenzy today he said it wouldn't be as big as ~hat White Oak is asking fnr, and Gale doesn't see a second door, he would make it a wind tunnel. more or less, that people could enter an open door then enter in his door. It would also be the same type structure thaC would be removed in the spring, Mayor Edwards said the request are ~he same. Alderman Sarff said he wasn't at the committee meeting, so he is heistant in making a motion. Motion by Alderman May, second by Alderman Chapman, that we Zet Gale's LQS~ng~ install a temporary wind tunnel. Discussion. Alderman Falcone felt he should come before the committee with detailed drawings, be- ~ cause White Oak Tap took the time and effort to presen~ to the committee ~ as it should be presen~ed de~ai7.ed drawings. We would be a little N remiss in just approving one by car~e blanc to the city engineer to give approval to any of these. We've already gc~tten advise from the W city attorney, that we might be setting dangerous precec~ent. I think ~ he should come before the committee wiCh some de~ailed drawings before Q we just arbitrarily approve everyone that comes before us. Alderman Workman said he concured with Alderman Falcone. The city engineer said if you think you would consider, I ask that you reconsider, because of the time eleme~nt involved. Roll call, AYES - Aldermen Chapman, May, Bohler. NAYS - Aldermen Workman, Sarff, Falcone, Zilly, Kovachevich, Motion defeated. 3 AYES 5 NAYS 0 ABSENT. Public Works, Water & Sewer, Council Action None. COMMUNICATIONS FROM MAYOR EDWARDS. Motion by Alderman Sarff, second by Alderman Workman the appointment of Midge West of 896 W. Walnut to the Betterment Commission be confirmed. (This appointment is Alderman Workman's). Voice vote, motion carried. PUBLIC HEARTNG - COMPREHENSIVE PLAN 7:00 p.m. Council. recessed at 7:05 p.m. to hold a public hearing. Mayor Edwards said we have several members in the audience of the Planning & Zoning committee who have worked very hard on this plan. Also have Bob Zaborac ex-alderman, ex -Planning & Zoning member in the audience who is a dedicated citizen and others from the ~ommission who have put many hours into this. CITIZEN - Bob Zaborac 30 Ma-Gra-B1, Canton, Il said he was pleased to present the Comprehensive Plan Conight on behalf of the Canton Planning Commission. This Public Hearing ~onight ends 22 years of work by your Planning Commission, city officials and city employees. The current plan is 16 years old and doesn't reflect our city as we see it today. And for ~his reason a rewrite was necessary. The new plan has 7 chapters, with the last chapter being ~~8 Implementing the Plan. The Comprehensive Plan is intended to serve as a guide for local governments to strenthen the economy, achieve goals in improving the environment, and enlarging opportunities. I'm sure this plan will help in addressing these goals. I want to personally thank 4 people, Melba Churchill, Grace Ghould, Eli Byrum, Chet Brodbeck. COUNCIL - Alderman Workman personally applauded former Alderman Bob Zaborac and said he thought the city owes him a great deal of gratitude for the amount of time and labor he's put forth in this and those who helped him. (Council app~.auded the 5 who were involved). 334 CONTINUED DECEMBER 3rd, 1985 Alderman Sarff - The comments made by Alderman Workman I share, its tough and bad enough to get people to volunteer for projects like this and personally I know how much time it takes and how frustrating it can be. And publicly, most people don'C realize how much time it takes, but I really do appreciate what they've done, Alderman Zilly - I have read thru the plan and I think its very well written and I think it will be very beneficial for many years to come., A letter was read from a member of the Planning Commission Eli Byrum of 215 W. Vine Street, it reads...Dated November 5, 1985, to ~he Public Hearing, Wednesday November 6, 1985 7:00 p.m, for the Compre- hensive Plan. Mayor & Ci~y Council: I woul.d like to add three new proposals for the Comprehensive Plan, in the section Streets & Highways, Future Road Plan, Short Range, Immediate and continuous goals, which is on page 1.15 of the ~.atest edition: 1) Widen South Fifth Avenue to five (5) lanes, from East Elm, to East Linn Street. 2) Widen Ash Street to three (3) lanes from Avenue B, East to llth Avenue. 3) Widen North Firs~C Avenue from Locust Street to Ash Street. Respectfully yours, Eli Byrum. Alderman Falcone said he had the joy and opportunity toattend one of the mee~ings of this group, and it ~aas more then enough for me. I could see the dedication, the cormnitment these people have made. It goes far beyond what praises we cauld give them at this mee~ing to- night. I would ask that their work be used as a challenge to us to implement this program as soon as possible and take what ever steps necessary, And I'd like to know if we are to refer this to Legal & Ordinance, or what our next step is? Mayor Edwards said there would have to be an ordinance draf~Ced to adopt this Comprehensive Plan. And also, I'd like to see some changes in the zoning ordinance,for instance set-backs, rear yard set-backs, that type of thing where were constantly sending people to the Zoning Board of Appeals to have a variance granted. By changing the ordinance to fit the need, would be better then granting so ma.ny variances. Mayor Edwards said the attorney says he'll have an ordinance ready for first reading at the next council meeting. This would be to adopt the Comprehensive Plan. I think the best compliment that was paid to this group, was an outside consulting firm that was hired to review the changes, and the report that came back from that outside person reflected the dedication that went into this and the hard work, Bob, on behalf ot the city we appreciate what you've done and what your committee has done, Alderman Falcone said there was an addendum that was added, is that all presented in one package now? The city clerk s~.id it has been changed as much as can be changec~ by her office. Motion by Alderman Workman, second by Alderman May, to adjourn the Public Hearing and go back to the regul.ar council meeting. Voice votE motion carried. Council reconvened in regular session at 7:12 p.m. OLD BUSINESS: ORDINANCE - REQUESTING ANNEXATION OF CERTAIN PROPERTY LOCATED AT 1648 E, CHESTNUT STREET OF DON AND JOYCE KINGSLEY. Alderman Falcone had 33~ CONTINUED DECEMBER 3rd, 1985 asked for an opinion from Jim Malm~ren City Attorney, Jim Malmgren City Attorney stated that the ~iSt of Alderman Falcone's concern is what would happen to the eastern half to one-third of the subject property? That is, could trailers be placed in that area adjacent to the rear-yard of the houses that front on 17th. I've given you a page and a half worth of 1ega1 opinion. Basically what you have out there is a buffer zone, if you do annex this property the trailers or mobile homes that are presently there will be coming in as non- conforming uses. Chapter 16-10 of the Municipal Code prohibits the extension of non-conforming uses. The opinion indica~es the various prohibitions would make it unlawful to place addi~Cional mobile homes to the east of the present placement. And the property owner cannot lawfully expand an non-conforming use to the unused portion of ~he subject property without makin~ either an additional application to the city for rezoning or oth_er ap~ro~~~ate relie~. Undex our ex~~t~ng zoning the application had to be for a PUD. The recommendation from Planning & Zoning is that this property be ~ rezoned R-2, Single Family Residential confi~uration. I'm recom- ~ mending to you that if you approve the annexation that you rezone it AG-1, Agricultural, in conformity with Section 2, Chapter 16, N Title 10 of the Municipal Code. W Motion by Falcone, second by Alderman Sarff, the ordinance be amended ~ to zoning classification AG-1 and placed on its passage. Discussion. Q Alderman Chapman asked if this constitues Spot Zoning? Jim Malmgren City Attorney said no, Spot Zoning is something that is not predicated upon the highest and best use of the proper~y but is something that is ~iven to an individual simply to mee~ their peculiar individual needs. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, Bohler, May, Chapman. NAYS - None. Motion carried. 8 AYES 0 NAYS 0 AB~ENT. Ordinance being ~~1089. ORDINANCE - GRANTING A SPECIAL USE PERMIT TO RALPH T. BOYD AND VERA L. BOYD AT 510 WEST OLIVE STREET, Secon~. readin~, read by title. Alder- man Falcone said because of the situation of many many of these types of permits coming to the City Council from the Planning & Zoning Commission, and because their in violation many of them, including this one in the way the ordinance is written, he wants it to lay-over. Motion by Alderman Falcone, second by Alderman Workman, the ordinance lay-over until we meet with the Flannin~ & Zoning Commission to solve this problem, Discussion, Attorney John McCarthy representing the Boyd's said he hates to see the council penalize them, these are ~ permits you readily granted over the last several years and I don t think it would be fair to the Boyd's. Alderman Falcone said the only other option is to deny it, and I don't want to do that, that's why I would like to discuss it with Planning & Zoning. Alderman Workman s'aid if its in violation he's prepared to vote no. Alderman Zilly said she concurred with Alderman Falcone, and she feels whether or not she agrees with the Planning & Zoning she feels a strong responsibility to ~bide by the oxdinance, k~o11 call, Ay. S' Aldermen Workman, Sarff, Falcone. Zilly, Kovachevich, NAYS - Al~ermen Chapman, May, Bohler. Motion carried. 5 AYES 3 NAYS 0 ABSENT, ORDINANCE - AMENDING TITLE 3, CHAPTER 1, SECTION 5 RELATING TO THE LICENSE FORM USED BY THE CITY, Second reading, read by title. Motion by Alderman Kovachevich, seconc~ by Alderman Workman, the ordinance be placed on its passage. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, Bohler, Chapman. NAYS - Alderman May. Motion carried. 7 AYES 1 NAY 0 ABSENT. Ordinance being ~~1090. NEW BUSINESS: RESOLUTION - APPROVING A"SETTLEMENT AGREEMENT" BET[~TEEN THE CITY OF CANTON AND THE NATIONAL BANK, CANTON STATE BANK, AI~D COMMUNITY BANK. ~36 CONTINUED DECEMBER 3rd, 1985 First reading, read by title. Jim Malmgren City A~torney said this resolution and the next two resolutions are all a produc~ of Executive Sessions that we've had in the past relating ~o the se~tlements in Special Service Area ~~6. We have ~hree easily ident- ifiable classes of deferidantsin Special Service Area ~~6, First, all three banks that are the holder~ of all bonds that have been issued on Special Service Area ~~6, Second, Mernith Strauch who is trustee under a land trust, she is not represented by an atorney. Third, the other group of land owners who are represented by Attorney John Fotter of Farmin~ton, this is the second resolution, The agreement with the three banks says they would sign a stipulation which would allow us to obtain summary judpement either this week or the fist part of next week, Zn exchange we would brin~ the outstanding bonds current within 3~ days o~ the date of entry of the order of summary judgement. And we wauld pay the banks an unspecified amount of money in order to purchase their rights to sue any 3rd parties, They will also sign a stipulation entry and appearance and consent which will allow us to obtain a summary ju~gement in the city's favor, The city would then within 30 days ~f the entry of summary judgement pay over to those l.andowners 60% of any Special Service Area tax they paid in the pas~. We hope to have this done in the next few days so that we could obtain a more advantageous interest rate on the $1.65 million bond issue, which we have scheduled for sale December 17th. Jim Malmgren City Attorney said that conceivable on all 3 a~reements there may have to be and additional amendment. As the 3 are presently wri~Cten it indicates that the city over the next fourteen (14) years or so, is going to continue to abate taxes during Che life of the bonds or the life of the Special Service Area. That's something contingent, somethirig we have lef~t to do, over the~next decade or so. The question is what happens when the ~and owner or bond holder signs to us absolutely their ri~ht to sue? And then 5 years down the road the city doesn't do what its suppose to do. There out their right, because ~hey relinquished , given up their legal right but yet their no~ getting the taxes abated as we said we would do, Probably going to be some amendment to that, in- dicating that if we don't do what we say were going to do they'll have some recourse against us. Motion by Alderman Wo.rkman, second by Alderman May, to adopt the resolution as amended. Roll call. AYES - Aldermen Chaprnan, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovacheva~ch, NAYS - None. Motion carried. 8 AYES 0 NAYS 0 ABSENT. Resolution being ~~1124. Agreement being ~~467. RESOLUTION - APPROVTNG A"SETTLEMENT AGREEMENT" BET[^IEEN THE CITY OF CANTON AND JOHN L. FISHER AND OTHERS. First reading, read by tile. Motion by Alderman Falcone, second by Alderman Kovachevich, the resolution be adopted as amended. Roll call. AYES - Aldermen Kov- achevich, Zilly, Falcone, Sarff, Workman, Bohler, May, Chapman. NAYS - None. Motion carried. 8 AYES 0 NAYS 0 ABSENT, Resolution being ~k1125. Agreement being ~~468. RESOLUTION - APPROVING A"SETTLEMENT AGREEMENT" BETWEEN THE CITY AND MERNITH B. STRAUCH, TRUSTEE. First reading, read by title. Motion by Alderman Kovachevich, second by Alderman May, the resolution be adopted as amended. Roll call. AYES - Alc~ermen Chapman, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich. NAYS - None. Motion carried. 8 AYES 0 NAYS 0 ABSENT, Resolu~ion being ~~1126. A~reement being ~k469. ~ 3'~ CONTINUED DECEMBFR 3rd, 1985 ORDINANCE - AUTHORIZING, DIRECTING AND SETTING THE DATE AND TIME FOR THE SALE AT PUBLTC AUCTION OF CERTAIN PERSONAL PROPERTY OWNED BY THE CITY AND NO LONGER NEEDED FOR CITY PURPOSES. Firs~ reading, read by title, Mayor Edwards asked .for the suspension of the rules as the auction will be held on the 14th of this month. Motion by Alderman taorkman, second by Alderman May, to suspend the rules for the purpose of passing the ordinance. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone, Zil.ly. NAYS - Alderma.n Kovachevich. Motion carried. 7 AYES 1 NAY 0 ABSENT. Motion by Alderman Sarff, second by Alderman Falcone, the ordinance be placed on its passage. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcc~ne, Sarff, Workman, Bohler, May, Chapman. NAYS - None. Motion carried. 8 AYES 0 NAYS 0 ABSENT. Ordinance being ~k1091. ADJOURNMENT: Motion by Alderman Sarff, second ty Alderman Falcone to adjourn. Vrice vote, motion carried. Council adjournec~ at 7:52 ~ p.m. ~ ~1.~ m Q I Y APPROVED. YOR