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Home My WebLink About10-20-2015 Council Meeting Minutes City of Canton Council Meeting The Donald Edwards Way (Historic 10-20-15) 6:30pm A regular meeting of the Canton City Council was held on October 20, 2015 (6:30pm) in the Council Chambers,The Donald E. Edwards Way-50 North 4th Avenue, Canton, Illinois 61520. STAFF IN ATTENDANCE Attorney Nancy Rabel, City Clerk Diana Pavley-Rock, Treasurer Crystal Wilkinson, Dan Bender from Clifton Larson, Fire Chief Tom Shubert, Police Chief Rick Nichols, MEDIA IN ATTENDANCE: Daily Ledger, Fulton Democrat VIDEO SERVICES BY JOE GINGER Mayor Fritz was not present at the meeting so City Clerk Diana Pavley-Rock asked for nominations from the floor for a Mayor Pro-Tem Motion and second were made by Aldermen Justin Nelson/Tad Putrich to nominate Alderman West as Mayor Pro-Tem. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem PLEDGE OF ALLEGIANCE OPENED THE MEETING INVOCATION- Deacon Phil Fleming ROLL CALL PRESENT ABSENT Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem PUBLIC PARTICIPATION -None ADDITIONS OR CORRECTIONS TO THE AGENDA Motion and second were made by Aldermen Justin Nelson/Lovell to remove the 4th item from the finance committee agenda. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich Abstain Alderman West Mayor Pro-Tem The motion carried. CONSENT AGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD OCTOBER 6, 2015 POLICE REPORT FIRE REPORT TREASURER'S REPORT BILL LIST WWTP MISCELLANEOUS IMPROVEMENTS APPLICATION FOR PAYMENT NO 12 FROM LEANDER CONSTRUCTION IN THE AMOUNT OF$10,933.21 WWTP PRIMARY CLARIFIER APPLICATION FOR PAYMENT NO 7 AND FINAL FROM LEANDER CONSTRUCTION IN THE AMOUNT OF $16,865.78 MOTION and second were made by Aldermen Ellis/Justin Nelson to approve the consent agenda as presented and place it on file. DISCUSSION: Treasurer Crystal Wilkinson reported that the general fund debt for Ipava Bank will be paid off. A payment will be made in the amount of$92,000.00 this week. The remainder of the debt will be paid off on November 3, 2015 with an additional payment of approximately$94,000.00. The liability and unemployment insurance fund are both positive numbers. The dedicated funds will be reviewed during the levy process. The general fund balance at the end of September was in the amount of $924,738.70. The Water and Sewer fund balance at the end of September was in the amount of$465,370.26. The City is expecting the final payment for the property tax money in the amount of $100,000.00 ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. COMMITTEE REPORTS: Mayor Pro-Tem Craig West said he would be moving the health care facility revenue bond ordinance under the Legal and Ordinance Committee up to the beginning of the meeting because the representative from Graham Hospital and his attorney are at the meeting. LEGAL AND ORDINANCE Alderman Craig West AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $50,000,000 AGGREGATE PRINCIPAL AMOUNT OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2015 (GRAHAM HOSPITAL ASSOCIATION PROJECTS) OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,THE PROCEEDS OF WHICH SHALL BE LOANED TO GRAHAM HOSPITAL ASSOCIATION, AN ILLINOIS NOT FOR PROFIT CORPORATION, TO FINANCE AND REFINANCE THE CONSTRUCTION AND EQUIPPING OF HEALTH CARE FACILITIES LOCATED WITHIN THE CITY OF CANTON, ILLINOIS; PROVIDING FOR THE PLEDGE AND ASSIGNMENT OF REVENUES AND OTHER AVAILABLE FUNDS FOR THE PAYMENT OF SAID BONDS TO BE ISSUED IN ONE OR MORE SERIES; AUTHORIZING BOND AND LOAN AGREEMENTS AND A TAX COMPLIANCE AGREEMENT; AUTHORIZING AGREEMENTS TO SECURE FURTHER THE PAYMENT OF SAID BONDS; AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS. (2ND READING) #4009 MOTION and second were made by Aldermen Justin Nelson/Hale to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. FINANCE ALDERMAN JIM NELSON-Absent Justin Nelson-acting char REVIEW OF REVENUES/EXPENDITURES AUTHORIZATION TO TRANSFER FUNDS FROM A CD WITH THE BANK OF FARMINGTON IN THE AMOUNT OF $487,724.64 WITH A MATURITY DATE OF 02-15-2016 TO THE MFT CHECKING. City Treasurer Crystal Wilkinson said that funds are currently being held up from the State of Illinois so this transfer is to make up the difference from what the City is not receiving in MFT funds. The approximate loss for transferring the funds from the CD prior to the maturity would be $466.00. Alderman Justin Nelson asked if the City could withdraw funds from a line of credit the City previously took out with Ipava State Bank instead of doing an early withdraw of funds from the CD. Dan Bender from Clifton Larson said the funds from Ipava State Bank were already used. MOTION and second were made by Aldermen Justin Nelson/Putrich to approve the transfer of funds. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West X The motion carried. AN APPLICATION FOR PAYMENT NO 1 FOR 2015 MFT GENERAL MAINTENANCE FROM ADVANCED ASPHALT IN THE AMOUNT OF $213.111.53 MOTION and second were made by Aldermen Justin Nelson/Lovell to approve the payment in the amount of$213,111.53 for Advanced Asphalt. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. LEGAL AND ORDINANCE ALDERMAN CRAIG WEST, CHAIRMAN- A RESOLUTION APPROVING THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND COUNTY OF FULTON, ILLINOIS AND DIRECTING THE MAYOR OR HIS DESIGNEE AND THE CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON. ILLINOIS -- ESTABLISHING THE CANTON-FULTON COUNTY ENTERPRISE ZONE. #5029 Attorney Rabel explained that this is an extension of the agreement that was entered into last year when the City finalized the legal description for the enterprise zone. A few parcels were in the village of Banner. It was the understanding at that time that they would not need to be included in the agreement because they were not a governing body. The State notified the City that they would need to be included in the agreement since it is a municipality. They would be a voting entity just like all of the other taxing bodies. Attorney Rabel said she is hopeful that the Governor will certify it by January 1, 2016 MOTION and second were made by Aldermen Justin Nelson/Putrich to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. AN ORDINANCE DECLARING SURPLUS REVENUE IN THE CANTON 1 DOWNTOWN/5TH AVENUE TIF DISTRICT SPECIAL TAX ALLOCATION FUND AND AUTHORIZING PAYMENT OF THAT SURPLUS REVENUE TO THE FULTON COUNTY TREASURER FOR DISTRIBUTION TO THE AFFECTED TAXING DISTRICTS ON A PRO RATA BASIS FOR TAX YEAR 2014 PAYABLE 2015. 1ST READING. COMMUNITY& INDUSTRIAL DEVELOPMENT ALDERMAN TAD PUTRICH, CHAIRMAN A RESOLUTION FOR TEMPORARY CLOSURE OF A STATE MAINTAINED ROADWAY FOR A PUBLIC EVENT (SANTA PARADE) TO BE HELD ON SATURDAY, NOVEMBER 28 2015 BETWEEN 10:OOAM -10:30AM.#5030 MOTION and second were made by Aldermen Putrich/Justin Nelson to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. NEGOTIATIONS, GRIEVANCE & PERSONNEL ALDERMAN JUSTIN NELSON, CHAIRMAN PUBLIC SAFETY&TRAFFIC ALDERWOMAN ANGELA HALE, CHAIRMAN STREETS AND GARBAGE ALDERMAN RYAN MAYHEW, CHAIRMAN LAKE, BUILDING AND GROUNDS ALDERMAN JOHN LOVELL, CHAIRMAN PUBLIC WORKS, WATER&SEWER ALDERMAN GERALD ELLIS, CHAIRMAN COMMUNICATION FROM MAYOR JEFFREY FRITZ The high school Key Club will trick or treat for Unicef on October 27, 2015 from 5:00-7:OOpm. The students will be going door to door asking for donations to benefit the International Children's Aid Organization. Students will have identification on them. Unicef has been a worldwide children's organization for over 60 years. The Key Club is part of the Canton Kiwanis Club Service Organization. OLD BUSINESS AN ORDINANCE AUTHORIZING THE LEASE OF MUNICIPALLY OWNED REAL PROPERTY LOCATED AT 24531 EAST NORTHSHORE DRIVE CANTON. (2ND READING)#4010 MOTION and second were made by Aldermen Justin Nelson/Ellis to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew x Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. AN ORDINANCE AUTHORIZING THE LEASE OF MUNICIPALLY OWNED REAL PROPERTY LOCATED AT 24510 EAST NORTHSHORE DRIVE IN CANTON. (2ND READING)#4011 MOTION and second were made by Aldermen Justin Nelson/Mayhew to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. AN ORDINANCE AMENDING TITLE 10(ZONING REGULATIONS) CHAPTER 15 GENERAL PROVISIONS SECTION 15 (ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS (2ND READING) #4012 MOTION and second were made by Aldermen Justin Nelson/Hale to approve the ordinance and place it on file. DISCUSSION: Alderman Putrich said he was at a meeting with some of the local realtors. The realtors explained to him that some of the small City lots in the older part of downtown would not be able to have a house rebuilt if it burned because it does not meet the dimension requirements. Alderman Putrich asked if this would prohibit someone from purchasing a lot to have a garage built. Attorney Rabel said there was an issue with someone that came into town because their lot is not the appropriate size to rebuild. They were instructed by the director of planning and zoning to seek a variance which would be valid for one year. If a neighbor wanted to purchase the lot they would need to go to the courthouse to merge the lot so it would then be considered one lot and the primary structure would already be there. They would not be able to build another structure that was two times larger than their primary structure. Attorney Rabel said this ordinance does not have anything to do with the realtors comments. What was brought to Attorney Rabel and Zoning Director Kunski's attention is the rebuilding of another home on the lot. The insurance company is saying that if the house burns down-they can't rebuild the same structure. They would not be able to build a home because our definition of lot size is different. Some of the lots under our code are grandfathered in. Once that structure is gone, they would not meet the lot requirements. They would need to come in and seek a variance. Attorney Rabel further explained that this basically says that you can't build a garage and let it sit for six years and then build a house. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. AN ORDINANCE AMENDING TITLE 10 (ZONING REGULATIONS) CHAPTER 12 (1-2 HEAVY INDUSTRIAL DISTRICT) SECTION 3 (SPECIAL USE EXCEPTIONS) OF THE CITY OF CANTON MUNICIPAL CODE. (2ND READING)#4013 MOTION and second were made by Aldermen Justin Nelson/Putrich to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderwoman Hale X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Mayhew X Alderman Jim Nelson X Alderman Putrich X Alderman West Mayor Pro-Tem The motion carried. NEW BUSINESS ADJOURNMENT Motion and second were made by Aldermen Justin Nelson/Lovell to adjourn without the need for executive session. The motion carried by voice vote and was unanimous. Diana Pavley-Rock, City Clerk Jeffrey A. Fritz, Mayor