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HomeMy WebLinkAbout08-20-2019 Council Minutes City of Canton Council Meeting The Donald Edwards Way (Historic Depot) Canton 11 61520 August 20, 2019 6:30PM A regular meeting of the Council meeting was held on August 20, 2019 (6:30) in the Council Chambers,The Donald E. Edwards Way-50 North 4th Avenue, Canton, Illinois 61520. STAFF IN ATTENDANCE Mayor Kent McDowell, Attorney Curtis Lane, City Clerk Diana Pavley Rock, Treasurer Crystal Wilkinson, Street Superintendent Ron Robinson, City Engineer Keith Plavec MEDIA IN ATTENDANCE: Daily Ledger, Fulton Democrat VIDEO SERVICES BY JOE GINGER PLEDGE OF ALLEGIANCE OPENED THE MEETING INVOCATION- Wesley United Methodist Church PUBLIC PARTICIPATION ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. ADDITIONS OR CORRECTIONS TO THE AGENDA Mayor McDowell will move part of his communication to the beginning of the meeting. Item #9 under legal and ordinance is a duplicate and will be removed. CONSENT AGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD AUGUST 6, 2019 BILL LIST GREENWOOD CEMTERY REPORT POLICE REPORT FIRE REPORT PUBLIC WORKS REPORT Motion and second were made by Aldermen Nelson/Fritz to approve the consent agenda The motion carried by voice vote and was unanimous. MAYOR COMMUNICATION PROCLAMATION Mayor McDowell gave a proclamation for the addiction and overdose awareness. August 31, 2019 is being named as the International overdose awareness day. The proclamation promotes participation in the 5th annual addiction and overdose awareness walk to be held on Saturday, August 31, 2019 from 1:00-3:OOpm at Wallace Park. Sue Tisdale spoke at the meeting regarding the addiction and overdose awareness campaign. Sue encouraged the council to help bring resources into the City for those that are struggling with addiction. COMMITTEE REPORTS: I I FINANCE ALDERMAN RYAN MAYHEW, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON WAIVING THE BUIDING PERMIT FEE FOR HABITAT FOR HUMANITY'S NEW CONSTRUCTION OF A HOME BY CANTON HIGH SCHOOL BUILDING TRADE STUDENTS i i A request was made to waive the fee for the building permit fee for the Habitat for Humanity home being built by the Canton High School Building Trade students. This will result in a loss of revenue in the amount of$403.00. Motion and second were made by Alderman Ryan Mayhew/Quin Mayhew to waive the building permit fee. i ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. Y LEGAL AND ORDINANCE ALDERMAN CRAIG WEST, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON THE CITY OF CANTON MUNICIPAL CANNABIS RETAILERS' OCCUPATION TAX ORDINANCE (2ND READING) ORDINANCE#4156 The proposed ordinance will allow the city to tax 3% on top of the original sales tax for the City. This will be the highest amount allowed to be taxed under the statute. Motion and second were made by Alderman West/Ryan Mayhew to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew' Alderman Ryan X Mayhew The motion carried. DISCUSS AND CONSIDER PURCHASE OF LEASED PROPERTY FROM AMEREN ILLINOIS ON WEST SIDE OF TOWN Attorney Lane has been talking to Nathan Briggs at Ameren. Ameren is still going through the appropriate channels to allow for the sale to occur. The sale will be for a nominal fee. The insurance is wanting to know if the City owns the structures on the property. Ameren is wanting a certificate of liability insurance. This will be brought back to a future council meeting for further discussion. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE REDEVELOPEMENT PLAN AND PROJECTS FOR THE CANTON TAX INCREMENT FINANCING DISTRICT 3 (2ND READING) ORDINANCE#4157 This ordinance is for the Midamerica National Bank expansion. Motion and second were made by Alderman West/Lovell to approve the ordinance and place it on file. ROLL CALL Yes No Absent, Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE DESIGNATING THE AMENDED REDEVELOPMENT PROJECT AREA FOR THE FIRST AMENDMENT TO THE CANTON TAX INCREMENT FINANCING DISTRICT 3 (2ND READING) ORDINANCE#4158 The ordinance is for the Midamerica National Bank expansion. Motion and second were made by Alderman West/Nelson to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS. CONSIDER AND VOTE ON AN ORDINANCE ADOPTING THE TAX INCREMENT ALLOCATION FINANCING FOR THE FIRST AMENDMENT TO CANTON TAX INCREMENT FINANCING DISTRICT 3 (2ND READING). ORDINANCE#4159 Motion and second were made by Alderman West/Lingenfelter to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON AND BILLY'S TAP INC. (2ND READING) ORDINANCE#4160 Motion and second were made by Alderman West/Quin Mayhew to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE REZONING PROPERTY ON 100 WEST ELM STREET FROM A B-1 ZONING CLASSIFICATION TO A B-2 ZONING CLASSIFICATION (1St Reading) ORDINANCE#4161 This item has been to the Planning and Zoning Committee without any objections. Since the building will be taller in size this was presented to the zoning committee to review building plans. Motion and second were made by Alderman Nelson/Lingenfelter to waive the rules for the second reading. The motion carried by voice vote and was unanimous. Motion and second were made by Aldermen West/Ryan Mayhew to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS,CONSIDER AND VOTE ON A RESOLUTION APPROVING A LETTER OF UNDERSTANDING BETWEEN CANTON UNION SCHOOL DISTRICT#66 AND THE CITY OF CANTON REGARDING THE SCHOOL LIAISON OFFICER) RESOLUTION#5203 The City has an annual agreement with the school district to provide the school with the liaison officer. Motion and second were made by Alderman West/Fritz to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE APPROVING AND AUTHORIZING THE EXEUCTION OF A FIRST AMENDMENT TO THE TAX INCREMENT FINANCING (TIF) DISTRICT REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AND STINAUER FAMILY DENTISTRY INC Us"READING) DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A TIF DISTRICT REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON AND BIG CAT'S BOWL LLC-CANTON 1 DOWNTOWN/5TH AVENUE TAX INCREMENT FINANCING DISTRICT Mayor McDowell explained that Jason and Emily will be opening a.restaurant at the building previously as a Thai restaurant and the agreement being proposed will be used for the purpose of the new business. DISCUSS, CONSIDER AND VOTE ON A POSSIBLE ADDENDUM TO THE REAL ESTATE SALE AGREEMENT WITH THE CITY OF CANTON AND ROYAL HOSPITALITY, LLC RELATIVE TO OLD SIESTA HOTEL SITE AND DEVELOPMENT OF SAME Attorney Lane explained that the proposed changes to the real estate sale agreement are being sent out for review and consideration. The revisions include the ones requested by the City as well as revisions requested by Royal Hospitality. Royal Hospitality is currently in default of the redevelopment agreement and also the original agreement through the City that was entered into several years ago. One of the last requested revisions made by Royal Hospitality was asking for credit from their original purchase price if they were to default again. They technically purchased the lot for $25,000.00. If they start preparing a structure, but then stop-they didn't want that to be taken into account for the appraisal. They also wanted a credit through the $25,000.00. Attorney Lane further explained that there would be no consequence of default with this proposal. Royal Hospitality agreed to remove this provision. If Royal Hospitality were to default again,they would have to re-buy the property again—and then you would be in the same position again. Alderman Lovell explained that he is concerned with their financing. During a meeting at the City building Royal Hospitality came to the City with an unsigned letter that was not on any bank letter head about financing for the project. Attorney Lane did not accept the letter since it was not signed or on any appropriate letter head. Attorney Lane said that the City does not have any proof that they actually have financing. The current building permit will expire in October. Motion and second were made by Alderman West/Nelson to approve the addendum to the agreement. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion failed. Attorney Lane explained that the next step would be having Attorney Jump deed the property back to the City because they are in default. DISCUSS. CONSIDER AND VOTE ON POSSIBLE LITIGATION TO DEMOLISH THE RESIDENCE LOCATED AT 261 FULTON PLACE BELIEVED TO BE OWNED BY ROBERT T WATTS The property is falling in and has a pending permit for construction that was to be done some time ago. The City has been wanting to get this property torn down and now has the funds to do so. The City will do a title search and if a new owner is found an unsafe notice will be sent out. Motion and second were made by Alderman West/Quin Mayhew to move forward with the possible litigation on the property. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON A TEMPORARY REVOCATION OF THE ORDINANCE INVOLVING THE PUBLIC SAFETY BENEFIT ACT(PSEBA) ORDINANCE#4093) PASSED JANUARY 2, 2018 AND NEGOTIATIONS WITH FIRE UNION WITH SAME. ORDINANCE 4162 The City passed the ordinance in January 2018. The PSEBA is the line of duty catastrophic injuries benefit. The City had to pass the ordinance via law-however the ordinance does have a request for information relative to the application procedure. A request was made to bargain over the agreement. Attorney Lane said he is proposing that the City temporarily vacate the ordinance while the City works on it with the union. Attorney Jump will engage in the negotiations with the union. The City does still have the statutory obligation to provide the benefit in the event anything would happen to one of the employees. Motion and second were made by Alderman West/Hale to allow for the temporary revocation of the ordinance that is on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE AUTHORIZING, DIRECTING AND SETTING THE DATE FOR THE ONLINE PUBLIC AUCTION OF CERTAIN PERSONAL PROPERTY OWNED BY THE CITY OF CANTON AND NO LONGER NEEDED FOR THE PURPOSE TO BE HELD SEPTEMBER 8-SEPTEMBER 15. 2019 BY GORSUCH AUCTION ORDINANCE#4163 The City will hold an auction for items no longer needed for City purpose. The auction will be held online by Gorsuch Auction. Motion and second were made by Alderman Nelson/Lingenfelter to waive the rules for the second reading. Motion and second were made by Aldermen West/Hale to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. NEGOTIATIONS, GRIEVANCE & PERSONNEL ALDERMAN JUSTIN NELSON, CHAIRMAN COMMUNITY& INDUSTRIAL DEVELOPMENT ALDERMAN JOHN LOVELL, CHAIRMAN PUBLIC WORKS, WATER AND SEWER ALDERWOMAN ANGIE LINGENFELTER, CHAIRMAN PUBLIC SAFETY AND TRAFFIC ALDERWOMAN ANGELA HALE STREETS AND GARBAGE ALDERMAN JEFF FRITZ, CHAIRMAN LAKE, BUILDINGS AND GROUNDS ALDERMAN QUIN MAYHEW MAYOR COMMUNICATION RESIGNATION OF ATTORNEY CURTIS LANE Mayor McDowell explained that Attorney Curtis Lane will be resigning as City Attorney. Curtis was appointed to the position of Judge. Attorney Lane thanked everyone for the opportunity to serve the community. He was very happy to serve and work with everyone during his term as City Attorney. Mayor McDowell presented Attorney Lane with a plaque and thanked him for his service to the City. APPOINTMENT OF BARNHART,TINSMAN & LANE THROUGH CHRIS JUMP RESOLUTION #5204 Motion and second were made by Aldermen West/Ryan Mayhew to approve the appointment. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. Motion and second were made by Aldermen Hale/Lingenfelter to approve the agreement The motion carried by voice vote and was unanimous. OLD BUSINESS NEW BUSINESS ADJOURNMENT Motion and second were made by Aldermen Nelson/Lovell to adjourn without the need for executive session. The motion carried by voice vote and was unanimous. Mayor Kent McDowell City Clerk Diana Pavley- Rock