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Home My WebLink About05-16-2017 Council Meeting Minutes City of Canton Council Meeting The Donald Edwards Way (Historic Depot) Canton II 61520 05-16-2017 6:3Opm A regular meeting of the Canton City Council was held on May 16, 2017 (6:30pm) in the Council Chambers,The Donald E. Edwards Way-50 North 4th Avenue, Canton, Illinois 61520. STAFF IN ATTENDANCE Mayor Kent McDowell, City Attorney Curtis Lane, City Clerk Diana Pavley-Rock, Treasurer Crystal Wilkinson, Fire Chief Tom Shubert, WWTP Superintendent Joe Carruthers, WTP Superintendent Greg Pollitt, Interim System Maintenance Supervisor Dash Wilson, Interim Street Supervisor Cole Atchley, Lou Ann Armstrong-Clifton Larson MEDIA IN ATTENDANCE: Daily Ledger, Fulton Democrat VIDEO SERVICES BY JOE GINGER PLEDGE OF ALLEGIANCE OPENED THE MEETING - INVOCATION-Mayor McDowell PUBLIC PARTICIPATION- Pete Hosch representing Hy-Vee corporate office was at the meeting for public participation. Pete explained that Hy-Vee submitted a liquor license application for a package liquor license. Pete was at the meeting to address the item on the agenda that would reduce the number of package liquor license available in the City from three license down to 2 license. Pete explained that he feels that this action comes after they submitted their application for an open package liquor license. Pete explained that Hy-Vee is still exploring ideas for making changes to the existing location ( for the ingress and egress requirements) or if a new location would considered. Pete explained that the store was opened in 1989 and just a few years ago Hy-Vee made a major investment in the store that has been a great addition to the community. Hy-Vee added additional employees and they continue to make investments in the community. Pete said he believes this action tonight treats Hy-Vee as something different that a citizen. He is not sure if it is because of the "corporate" in front of citizen or if it is because Hy Vee will bring the consumer something that they want. Pete said it is not his preference to have limits on any type of business classification within a community. Pete said Hy Vee is applying for one of the three open license and would further encouraging opening the license to all businesses. Pete explained that they want to compete with other businesses and be provided the same opportunity that other citizens (corporate or otherwise) are offered within the community. Pete said he understands that they way the ordinance is written today would require building modifications. Hy Vee is exploring this opportunity. This may be an opportunity to look for other retail space to accommodate the use. Pete said that they have been in the community for 28 years and made a major investment in the community but needs to have the ability to have product selection. Pete further explained that at the 11th hour a compromise was made to put the limitation on spirit sales and to limit those license. Hy-Vee expects and hopes the City will provide the opportunity to apply for an open license or open it up to all businesses. Pete said he feels the rules are being changed as they go and they do not feel they are being treated fairly. Bipen Patel was also at the meeting for public participation. Bipen explained that he is the owner of Eastside Liquor and has been in business in Canton for 16 years. Bipen explained that after the City created the beer and wine license for the various businesses in town to be able to sell the beer and wine it caused one of the establishments in town to close and go out of business. Bipen said the City is losing $60,000.00-$70,000.00 in tax revenue by allowing these locations to sell the beer and wine. Bipen said that Hy-Vee is a corporation and does not care what it does to the local business owners. Hy-Vee is able to sell groceries, but the liquor store only has a limit number of items they can sell. Bipen said that he is asking the Council to restrict the number of packaged liquor store license to 2 within the City limits. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderman X Lingenfelter _ Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Jump X Alderman Mayhew X ADDITIONS OR CORRECTIONS TO THE AGENDA Alderman Jump explained that he has one correction to be made to the minutes from the May 2, 2017 (2nd meeting). The minutes have Alderman Chris Jump as being absent and abstaining. This should be corrected. Mayor McDowell asked to amend the agenda so executive session could take place prior to the meeting. Motion and second were made by Alderman Nelson/Mayhew to adjourn into executive session for: 5ILCS 120/2 (c) 11, (c) 2, (c) 5 The motion carried by voice vote and was unanimous. City of Canton Re-convened Council Meeting The Donald Edwards Way (Historic Depot) Canton II 61520 05-16-2017 CONSENT AGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD MAY 2, 2017 BILL LIST TREASURER'S REPORT MONTHLY DISBURSEMENT REPORT GREENWOOD CEMETERY REPORT POLICE REPORT FIRE REPORT APPROVAL OF THE CONSENT AGENDA FROM THE MAY 2, 2017 (1ST MEETING1 Motion and second were made by Aldermen Lovell/Hale to approve the consent agenda. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Jump X Alderman Mayhew X The motion carried. COMMITTEE REPORTS: FINANCE ALDERMAN RYAN MAYHEW- LEGAL AND ORDINANCE ALDERMAN CRAIG WEST, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND RICK AND PAULA GALL RESOLUTION #5108 Interim System Maintenance Supervisor Dash Wilson explained that the pre annexation agreement is to allow people that does not live inside the City limits to gain access to City water. This property is on West Vine past the West Gate subdivision. This area currently gets their services from Double Cluck Farms. An agreement was reached that a water meter and vault should be on their property. A meter and vault would also be placed down at the water main on West Vine. The reason for the two meters is because there is a lot of pipe between the two areas. Having two meters will make sure both meters read exactly the same each time. if the two meters do not read the same each time it would indicate a water leak on their line and the City could contact the owners so they can repair the line. MOTION and second were made by Aldermen West/Nelson to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Jump X Alderman Mayhew X The motion carried. DISCUSS, CONSIDER AND VOTE ON AMENDING SECTION 3-8-11 (LICENSE RESTRICTIONS), SUB- SECTION A (TAVERN LICENSE 1 OF THE CANTON MUNICIPAL CODE. The current ordinance restricts Class A liquor license to 9 within the City limits. The City is currently only using 8 Class A liquor license. Mayor McDowell explained that it appears that the community is not able to support 9 businesses with Class A liquor license. Each time the Class A liquor license is sold -the business seems to close within a short amount of time. Alderman Lovell said he does not see the need to get rid of the 9th license. If someone did want to re-open the business it could bring additional revenue to the City. Alderman Lovell said he would be a no vote. MOTION and second were made by Aldermen Nelson/West to amend section 3-8-11 (License Restrictions), Sub Section A (Tavern License) of the Canton Municipal Code to change from 9 license to 8 license. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Jump Abstain Alderman Mayhew X The motion carried. DISCUSS, CONSIDER AND VOTE ON AMENDING SECTION 3-8-11 (LICENSE RESTRICTIONS) SUB- SECTION C(PACKAGE STORE LICENSE)OF THE CANTON MUNICIPAL CODE. The current ordinance restricts Class E liquor license to three within the City. The proposal would limit the number to two license within the City. The City currently has two packaged liquor stores within the City opened for business. Attorney Lane explained packaged store license requires a special outside ingress and egress. Attorney Lane further explained that Hy Vee has applied for a Class E liquor license, but he does not feel they qualify for the license because they do not have a separate ingress and egress in their current building. MOTION and second were made by Aldermen Nelson/West to amend section 3-8-11 (license restrictions) Sub-Section C (Package Store License) of the Canton Municipal Code from three license down to two license within the City. DISCUSSION: Alderman Lovell asked what process is currently in place if the City has one available license and 3-4 different applicants are received. Mayor McDowell explained that the liquor commission would make the determination based upon qualifications. Attorney Curtis Lane explained again that the basic point is who is qualified. Attorney Lane said there would not be a recommendation if the applicant is not qualified. Alderman Lovell said that if someone wanted to purchase the old D & D Drive Thru liquor store someone could apply for the packaged liquor license as a qualified applicant. Alderman Lovell said he does not want to be a party of favoritism. Either the City wants to lower the number of license or keep the current number. The City should not come back six months later after this ordinance is amended to lower the number of license available and then change it again to increase the number of license available. Alderman Nelson explained that the City previously had three packaged liquor stores in town. When the City created the new Class H liquor license so the gas stations and other stores could sell beer and wine- this put one of the packaged liquor stores out of business. The City already ran one business out of town and if they allow Hy Vee to start selling packaged liquor it will run the other two businesses out of town too. The owners of these businesses are citizens of Canton and they depend upon their businesses. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Jump Abstain Alderman Mayhew X The motion carried. NEGOTIATIONS, GRIEVANCE& PERSONNEL ALDERMAN CHRIS JUMP, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON FIRE FIGHTERS LOCAL 1897, I.A.F.F..A.F.F.I,AFL/CIO AND AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. MOTION and second were made by Aldermen Jump/Mayhew to authorize and direct the Mayor and the City Clerk to execute and deliver the agreement on behalf of the City of Canton, Illinois. DISCUSSION: ROLL CALL Yes No Absent Alderman Justin X Nelson Alderman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Jump X Alderman Mayhew X The motion failed. Mayor McDowell explained that the City will go back into negotiations with the fire union to discuss their contract. COMMUNITY AND INDUSTRIAL DEVELOPMENT ALDERMAN JOHN LOVELL, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A ONE DAY SPECIAL EVENT FOR THE CANTON ELKS CLUB The Elks Club is having a large graduation party and they would like to have an area outside with a designated area that people could take alcohol outside. This event will not have any street closures. Attorney Lane explained that special events need to be approved at least 30 days prior to the event. MOTION and second were made by Aldermen Lovell/Nelson to approve the event to take place in the Elks parking lot on May 21, 2017. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Jump Abstain Alderman Mayhew X The motion carried. PUBLIC WORKS, WATER AND SEWER ALDERWOMAN ANGIE LINGENFELTER, CHAIRMAN PUBLIC SAFETY AND TRAFFIC ALDERWOMAN ANGELA HALE, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON REPLACING SIGNS AND TIME LIMITS FOR THE DOWNTOWN PARKING. Prior discussion took place regarding the inconsistencies in the downtown area for parking. Interim supervisor Cole Atchley explained that one of the main concerns that he is aware of is the parking situation on South Main Street. The parking in the downtown is causing some of the overflow to back up on South Main Street between Pine and Elm Street. Currently there is two hour parking posted on Elm Street between White Court and First Avenue. The only other posted parking in the downtown area is three hour parking around Jones Park. The rest of the downtown area does not have any posted signs for parking. The entire downtown previously had two hour parking posted, but this was changed when the downtown lighting project started. The Council at that time wanted to have a trial period to determine what would be best for the City. Mayor McDowell further explained that the City will need to have something in place before the winter. Once it begins snowing, vehicles are either towed from the downtown area or they have tickets issued for parking in the downtown area overnight. Some of the issues come from residents in the downtown area or guests of the residents parking in front of the businesses for longer periods of time. It would be best if the residents would park in the City parking lots instead of in front of the businesses. Alderman Putrich said that we are aware that some of the downtown has 2 hour parking and some of the downtown has three hour parking. The downtown area all needs to be consistent. This ordinance will be reviewed for changes that will be brought back for consideration. This item will be tabled. STREETS AND GARBAGE ALDERMAN JUSTIN NELSON, CHAIRMAN LAKES, BUILDINGS AND GROUNDS ALDERMAN TAD PUTRICH, CHAIRMAN MAYOR COMMUNICATION Mayor McDowell reminded everyone that this is Police Memorial week. (May 15-May 20, 2017) A proclamation was sent this week for the National Nursing Home week. Poppy Days for VFW will be this weekend. OLD BUSINESS NEW BUSINESS ADJOURNMENT MOTION and second were made by Aldermen lump/Nelson to adjourn for the purpose of: Personnel 5ILCS 120/2 (c) 1 ROLL CALL Yes No Absent Alderman Justin X Nelson Alderman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Jump X Alderman Mayhew X The motion carried. No action took place after executive session. Diana Pavley-Rock, City Clerk Kent McDowell, Mayor