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Home My WebLink About02-19-2019 Council Meeting City of Canton Council Meeting The Donald Edwards Way (Historic Depot) Canton 1161520 Feb 19, 2019 6:30pm A regular meeting of the Canton City Council was held on February 19, 2019 (6:30pm) in the Council Chambers,The Donald E. Edwards Way-50 North 41"Avenue, Canton, Illinois 61520. STAFF IN ATTENDANCE Mayor Kent McDowell, Attorney Curtis Lane, City Clerk Diana Pavley Rock, Treasurer Crystal Wilkinson, Public Safety Director Richard Fairburn, System Maintenance Superintendent Dash Wilson, Street Superintendent Ron Robinson, WWTP Superintendent Joe Carruthers, Comptroller Beka Schultz (Clifton Larson) MEDIA IN ATTENDANCE: Daily Ledger, Fulton Democrat VIDEO SERVICES BY JOE GINGER PLEDGE OF ALLEGIANCE OPENED THE MEETING INVOCATION— Pastor Garnett--Trinity Lutheran Church PUBLIC PARTICIPATION— ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. ADDITIONS OR CORRECTIONS TO THE AGENDA Motion and second were made by Aldermen Nelson/Ryan Mayhew to move the legal and ordinance committee in front of the finance committee agenda. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. CONSENTAGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD FEBRUARY S. 2019 BILL LIST TREASURER'S REPORT Treasurer Wilkinson expressed concerns with the cemetery fund and suggested getting some ideas on how to increase this account. Alderman John Lovell stated that the sidewalk fund currently reflects a balance of$165,000.00 and wanted to know if there are current sidewalk projects in place. Engineer Keith Plavec explained that the City is looking into the area at Main Street (from the hotel) up to Chestnut Street. Several roads are also being considered in the Pine Street and Van Buren Street area for ADA ramps. The City is also looking at the areas around nursing homes, the high-rise and schools for sidewalks. The TIF funds will also be considered when doing various projects that may be TIF eligible. COMPTROLLER'S REPORT DISBURSEMENT REPORT POLICE REPORT FIRE REPORT PUBLIC WORKS REPORT Motion and second were made by Aldermen West/Hale to approve the consent agenda. The motion carried by voice vote and was unanimous. COMMITTEE REPORTS: LEGAL AND ORDINANCE ALDERMAN CRAIG WEST, CHAIRMAN DISCUSS CONSIDER AND VOTE ON AMENDING ORDINANCE RELATIVE TO REGULATION OF SMOKING INDOORS IN PUBLIC PLACES(2ND READING) ORDINANCE#4127 Assistant Principal of the Canton High School (Jay Valencia)was at the meeting to address the problems with smoking (vaping) indoors at the school. Vaping at the high school has reached the level of an epidemic at the school. The FDA also classifies the issues with vaping as an epidemic. Since December 2018 the schools has confiscated over 12 vape tools from students being used at the school. The legal age is 18; however students have been using the vaping products in the school. The Canton High School has reported 28 incidents just this year in vaping. Of the 28 incidents there were 2 freshmen students, 4 sophomore students, 10 junior students and 12 senior students. There were 19 males and 9 female students make up the total for this year. There have been 6 repeat offenders. National data with the National institute of drug abuse shows that between January 2017 and January 2018 the percentage of 12th graders reporting vaping nicotine over the past 30 days during that timeframe has doubled from 11%to 21°%. The 10th grade level also reflected a 50% increase in number of users. The Truth Initiative deemed this the largest 1 year increase of any substance on record. Jay further explained that the discipline measures being taken at the high school does not seem to curtail the use among the students at school. The hope is to be able to get some further support to help stop this epidemic at the school. Mayor McDowell explained that vaping is legal for anyone 18 and over so the City could only issue citations for those 17 and under. If they are 18 and over the only alternative is school discipline. The school has signs posted in the school that vaping is not allowed on school property. Attorney Lane discussed the possibility of adding language in the current ordinance stating that electronic cigarettes at any age is not allowed at the school; however it could be subject to challenge because it is more restrictive than the state statute. Mayor McDowell reached out to other municipalities and found that they have the same definitions of the City--which did not include electronic cigarettes. Attorney Lane explained that he is also concerned about fining minors. That would not be enforceable in the state of Illinois. you cannot enforce a fine on a minor. Attorney Lane said he could amend the current ordinance so it would state that you could not vape or electronically smoke in school; however it could be subject to challenge. Attorney Lane explained that he is not certain that this is the actual answer. Metamora has their school resource officer issue a citation and then they appear in court. If they are 18 or over they would then just fall under the jurisdiction of the school-- and the school discipline. Mayor McDowell suggested amending our current ordinance to prohibit the use of electronic cigarettes on school property. Currently the school has a variety of discipline measures in place for use of electronic cigarettes in school. These disciplinary actions include suspension, community service, educational preventative maintenance homework assignment. The revised ordinance would prohibit the use of electronic cigarettes on school property. Motion and second were made by Aldermen West/Nelson to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. DISCUSS. CONSIDER AND VOTE ON 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 THE DISTRIBUTION TO AFFECTED TAXING DISTRICTS ON A PRO RATA BASIS FOR TAX YEAR 2017 PAYABLE 2018 (2ND READING) ORDINANCE#4128 The surplus amount is $18,220.76 to be distributed to the Fulton County Treasurer for distribution to the affected taxing districts. Motion and second were made by Aldermen West/Ryan Mahew to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich Abstain Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. DISCUSS.CONSIDER AND VOTE ON A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF CANTON AND BRENDA NUTTALL, D/S/A BLOOMING CRAZY RESOLUTION #5178 The lease agreement between the City of Canton and Brenda Nuttall, D/B/A Blooming Crazy is for$10.00 per month. There were no changes made from the previous lease. Motion and second were made by Aldermen West/Hale to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. DISCUSS. CONSIDER AND VOTE ON AMENDING ORDINANCES RELATIVE TO NO PARKING AREAS f2ND READING)ORDINANCE#4129 Attorney Lane explained that the revision includes adding South 6th Avenue on the West side from Hickory to Cherry Street. (No Parking) The revision also includes the South side of Hickory Street between South 6th Avenue and South 5th Avenue. (No Parking) Motion and second were made by Aldermen West/Hale to approve the amended ordinance and place it on file. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. DISCUSS CONSIDER AND VOTE ON BID RESULTS FOR THE DEMOLITION OF PROPERTY AT 250 EAST ASH STREET This was discussed at the last meeting . The bids were opened at the last meeting and are currently being reviewed. A hearing is currently scheduled for February 25, 2019. Attorney Lane will be meeting with this owner to try to obtain permission for the demolition. The bids can be opened for acceptance for 90 days. This will be tabled until the next council meeting DISCUSS.CONSIDER AND VOTE ON AN ORDINANCE DECLARING SURPLUS REVENUE IN THE CANTON 2-ROUTE 9/CHESTNUT STREETTIF DISTRICT SPECIALTAX ALLOCATION FUND AND AUTHORIZING PAYMENT OF THAT SURPLUS REVENUE TO THE FULTON COUNTY TREASURER FOR DISTRIBUTION TO AFFECTED TAXING DISTRICTS ON A PRO-RATA BASIS FOR TAX YEAR 2017 PAYABLE 2018(1st READING)ORDINANCE#4130 The total surplus amount of the payment to the Fulton County Treasurer is approximately $175,000.00. Motion and second were made by Aldermen Nelson/Ryan Mayhew to waive the rules for the 2nd reading of the ordinance. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. Motion and second were made by Aldermen West/Nelson to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich ABSTAIN Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. DISCUSS. CONSIDER AND VOTE ON MAINTAINING REPRESENTATION WITH ARENT FOX LLP FOR BALAGNA/BATTERTON VS UNITED STATES Attorney Lane explained that the federal government has taken a portion of the City of Canton's property which is the Rail to Trail program. On May 6, 2014 the prior administration made the determination to hire the firm Arent Fox LLP to handle this. AT the time they decided to use Arent Fox there was a firm in St Louis. The City has been notified by the attorney handling the case that Arent Fox LLP in the St. Louis location closed. The City originally hired a person named "Thor". The City was notified about the closure of Arent Fox. Arent Fox is still opened in Washington DC. The City has a signed agreement with Arent Fox. If the City decided to move the file to another law firm (regardless of where they are located), the City is bound by the initial agreement and they will still get proceeds if the City is paid. The City would essentially received less money for the public taking of the public property that the City has loss of benefit for. Attorney Lane recommends staying with the original law firm that has handled the case file. The case file is still with Arent Fox. Motion and second were made by Aldermen West/Quin Mayhew to stay with Arent Fox. ROLL CALL yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. DISCUSS. CONSIDER AND VOTE ON WHETHER TO MAINTAIN CITY OF CANTON VS DAN TAYLOR LITIGATION Attorney Lane explained that the first round between the City of Canton VS Dan Taylor was to amend the original complaint that was filed several years ago. The Judge who ruled on this entered an order, but then withdrew the order and then requested further submission by the City's attorney. Under the prior administration the City hired Clark Baird and Association out of Chicago. The original quote to the City was approximately$18,000.00. After several months of procedural motions the court has indicated that if the City wants to progress, the City is not able to amend the original law suit. The judge said that if the City wants to do anything it would be under a new lawsuit. Attorney Lane explained that he is concerned with the expenditures involved with the lawsuit. The original attempt was to save the taxpayers' money with a pension based upon a higher figure that what the City believed was correct. Attorney further explained that due to the increasing cost associated with the lawsuit, it doesn't seem logical to proceed. Attorney Lane said he believes that the pension board incorrectly calculated Dan Taylor's pension amounts because he did not attain 20 years with the City of Canton. Attorney Lane said the City has the option of refilling a lawsuit that has been pending for several years; however Attorney Lane said he is not sure this would be in the best interest of the City due to the cost associated with proceeding with the lawsuit. The City is spending money on attorney fees and the pension board is also spending money on attorney fees--which are both ultimately paid by the taxpayers. Alderman Lovell expressed concerns with not continuing on with the lawsuit and said he believes the City should continue forward with the lawsuit. Alderman Lovell said he believes that Dan Taylor did not have the 20 years of required service with the City for the pension. Alderwoman Lingenfelter also agreed that the City should continue with the lawsuit. The City should not send a message out to other City employees that they do not need to work the 20 years to receive a pension. Alderman Ryan Mayhew feels that he is afraid that the City will spend more taxpayers dollars than what is being lost with the over calculation of the pension amount. Mayor McDowell said that he is pleased with the fact that the pension board has been put on notice that this has not been properly done for several years. The City would not be guaranteed that they would win even if they do move forward with the lawsuit. Mayor McDowell said he does believe the system is fixed and the pensions are now being certified by the City like they should be. Alderwoman Lingenfelter asked who was tracking the amount of money that was being spent on the lawsuit and if the law firm was contacted when it went over the projected amount. Alderman Lovell asked if the City has a dollar amount that the City would save if the lawsuit was won compared to the cost of the legal fees with the lawsuit. Attorney Lane explained that he does not have this figure. Motion and second were made by Aldermen West/Nelson to drop the litigation against Dan Taylor. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew Mayor McDowell voted YES to break the tie. The motion carried. FINANCE ALDERMAN RYAN MAYHEW, CHAIRMAN DISCUSS,CONSIDER AND VOTE ON A METER SOFTWARE UPGRADE AND READING EQUIPMENT FROM MIDWEST METER INC. Alderman Ryan Mayhew explained that this software will allow the City to read both the meter heads. The cost is $12,000.00 and is a budgeted expense. The software maintenance is $1500.00 annually. Motion and second were made by Aldermen Ryan Mayhew/Quin Mayhew to approve the expense in the amount of$12000.00 ROLL CALL yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. NEGOTIATIONS, GRIEVANCE AND PERSONNEL ALDERMAN JUSTIN NELSON,CHAIRMAN COMMUNITY& INDUSTRIAL DEVELOPMENT ALDERMAN JOHN LOVELL,CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A CLASS F SPECIAL EVENT LIQUOR LICENSE BY ST. MARY'S CHURCH TO BE HELD ON MARCH 2, 2019 AT ST. MARY'S PARISH HALL FROM 6:30PM-11:OOPM A request was submitted by St Mary's church for a trivia night to be held March 2, 2019. Motion and second were made by Aldermen Lovell/Hale to approve the Class F liquor license to be held March 2, 2019 at St. Mary's parish hall. ROLL CALL yes No Absent Alderman Quin X Mayhew Alderwoman X Ungenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. PUBLIC WORKS, WATER AND SEWER ALDERWOMAN ANGIE LINGENFELTER,CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT WITH MAURER STUTZ RESOLUTION#5179 The City is asking Maurer and Stutz to put together a bid document for engineering services for the Anderson lift station. The first phase would be for the engineering work and would go into the 2018/2019 budget. Once this work is completed the City would go out for bids in the 2019/2010 budget. Motion and second were made by Aldermen Lingenfelter/Putrich to approve the resolution for the agreement for the services and bid provided by Maurer and Stutz. ROLL CALL Yes No Absent Alderman Quin X Mayhew Aldemoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. PUBLIC SAFETY AND TRAFFIC ALDERWOMAN ANGELA HALE STREETS AND GARBAGE ALDERMAN QUINN MAYHEW, CHAIRMAN LAKE, BUILDINGS AND GROUNDS ALDERMAN TAD PUTRICH, CHAIRMAN DISCUSS, COSIDER AND VOTE ON THE BIDS FOR THE PURCHASE AND INSTALLATION OF THE BOAT DOCK AT CANTON LAKE The City received three bids. City Clerk Diana Pavley Rock opened the three bids at the meeting. G & H Marine Inc (Decatur Illinois) Bid Amount $62,494.00 Superior Seawall (Illinois City, Illinois) Bid Amount $88,900.00 1LS Marine Inc (Springfield Illinois) Bid Amount $49,468.00 Alderman Putrich said this item will be tabled until the next meeting to allow for the review of the bids. ROLL CALL Yes No Absent Alderman Quin X Mayhew Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. MAYOR COMMUNICATION Mayor McDowell discussed the garbage totes and the possibility of mandating the totes within the City limits. The totes clean up the garbage within the City. The new garbage trucks are equipped with the lifts that automatically picks up the totes and dumps them into the trucks. The use of the totes with the new trucks also helps reduce the claims with workers compensation for injuries that occur from manually lifting garbage cans. The totes are guaranteed for 10 years and are cost effective. OLD BUSINESS NEW BUSINESS ADJOURNMENT MOTION and second were made by Aldermen Nelson/Quin Mayhew to adjourn without the need of executive session: The motion carried by voice vote and was unanimous. Diana Pavley-Rock, City Clerk Kent McDowell-Mayor