Editors Note... This photo was done by Shane McDermott, President of Mid-West GIS, Inc. The large photo above was enlarged for use as the headline photo for the 62644.com format. This photo was commissioned by the Mason County Emergency Telephone System Board and is made to exact scale of the buildings and the proposed 911 tower. As you will see in the April 3rd story below by Tara Mattimoe of the Pekin Daily Times, the City of Havana has not responded to a pending suit leading to further legal action from the Mason County Emergency Telephone System Board. The photo at right is the original photo showing the proper and correct scale of the tower to the buildings and surrounding area.
As you can see in the photo the height of the building was measured and recorded at 15 feet 6 inches.
911 board takes next step in quest. by Tara Mattimoe
After waiting two months for a reply to a lawsuit filed in January, the Mason County Emergency Telephone System Board has filed a motion for default against the city of Havana. The lawsuit was the culmination of extensive debate between the city and 911 board officials concerning the construction of a new 180-foot communications tower at the Mason County Sheriff’s Office, which the board says is the best location to build the tower.
When the board originally requested to built the tower at the jail in 2005, the city denied the request based on an ordinance that prohibits any structure taller than 100 feet within city limits. The city, which conducted its own study in 2005, determined that the best place for a new tower would be at a more central location in the county, about 12 miles east of Havana, according to Havana Zoning Administrator John Kachanuk. In an earlier interview with the Times, Kachanuk said that the ordinance allows the city to maintain control over construction within its borders “so that people can’t just go building whatever they want.” A zoning variance could allow a structure taller than 100 feet, he said, but there would have to be a very good reason for the city to grant such a variance.
The city had 30 days to respond to the lawsuit, which was filed Jan. 20. With no response from the city as of March 27, the 911 board filed a motion for default, which requests that court grant them permission to build the tower. “As of the writing of this motion, the board has not received the city’s appearance and/or responsive pleading,” the motion reads before requesting that the court declare that the city does not have authority to enforce its zoning ordinance and stop the construction of a tower. The board is also seeking reimbursement for the costs of the lawsuit.
“I know that there have been efforts made through the board, the state’s attorney, and the county clerk to have a meeting and resolve the issue,” said the John Kelly, the board’s attorney. “The city never did respond to those attempts. They have not filed anything, so we have gone ahead and filed a motion to default. It has not yet been set for hearing.” If the city appears at that hearing, the judge will decide whether or not it had legitimate reason for not responding to the lawsuit, Kelly said. If the judge finds that there was no legitimate reason, he will issues a default judgement against the city, and another hearing will be scheduled, at which time the board will have the opportunity to prove their complaint and possibly be granted permission to build the tower at the sheriff’s office.
Havana City Attorney Blake Lindner said before the motion was filed that the situation was being adequately addressed. In the event that a motion was filed, he said, the city would “approach it in an appropriate manner.” Lindner could not be reached for comment by press time.
Contact Tara Mattimoe at tmattimoe@pekintimes.com.
