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HomeMy WebLinkAbout12-06-05 City Council Meeting Minutes A regular meeting of the Canton City Council was held on December 6, 2005 in Council th Chambers at 50 North 4 Avenue, Canton, Illinois. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY CITY CLERK NANCY WHITES. Mayor Heinze asked for roll call at 6:30 p.m. Present – Aldermen Jim Hartford, Joe Berardi, Larry Sarff, Craig West, Les Carl, Kevin Meade, Rick Reed. Absent – Alderman Eric Schenck. MINUTES OF NOVEMBER 15, 2005 COUNCIL MEETING. Motion and second by Aldermen West/Sarff, to accept the minutes of November 15, 2005 and placed on file voice vote as presented. The motion carried by , and was unanimous. MINUTES OF NOVEMBER 22, 2005 MECHANICAL COMMITTEE MEETING. Motion and second by Aldermen Hartford/Reed, the minutes of November 22, 2005 be voice vote accepted and placed on file as presented. The motion carried by , and was unanimous. Legal Counsel for Residential TIF on West Maple Subdivision. Mayor Heinze mentioned this was to be executive session and decided to talk about it in open session. Jack Templitz attorney from Peoria, Illinois mentioned that he presented a comprehensive proposal to the City. Jack mentioned that he does not know the total areas the City wants to cover for the terms of responsibility or possibility of establishing a TIF District with TIF District financing. Jack said he was a co-author of the TIF Act and he was the city attorney at that time in Peoria. His first experience of Canton was as the city attorney for Peoria and co counsel in a lawsuit entitled City of Canton v Crouch. Jack said he is a founding member of the Illinois Tax Increment Association, and has been active to most of the amendments to TIF. There has to be a purpose and reason to establish a TIF District. Part of the TIF District aspect is the planning part as well as all statutory things you have to do. You have to examine what are we wanting to accomplish here? What is our goal as far as what we want to see happen? Then you begin to tailor the program to fit what you deem are appropriate goals that you have. It’s establishing a partnership with private sector and development to occur of what you need to do, when to do that, and we would act to protect the City, to help with appropriate provisions in redevelopment agreement that will make sure your not up front with the developer. And to make sure the risk taking that goes on is in the proper place, by designing the whole shoulder to shoulder program to meet those goals. In most situations the developer takes the risk. If the developer pays the increment cost involved that is good. And if the developer fails, and doesn’t perform, he doesn’t get the incremental money, and the city is not at risk. The other question you have to do while dealing with developer is, how much is enough? You want to do enough so the developer makes a reasonable return on their investment. What our proposal will do is to take you from A to Z. We will prepare for you all of the notices, the steps, the various activities you need to do in order from this point to adopting the TIF District, as well as working closely as a advisor. Mark Rothert raised a question on the phone. How do we recover the fees? First you need to adopt a resolution or ordinance that you’re contemplating a TIF. If you do that then any expenses that you have putting a plan together and adopting TIF can be recovered from TIF proceeds. Even if you up-front the money, you know as development occurs you can negotiate with the developer, and you get the recovery of those funds. And second, you ask the developer to fund the cost to put the TIF together, that way your not at risk. Alderman Berardi said he would be looking at the developer to fund the cost. Doug Griffin from the law firm of Miller, Hall & Trigg. Doug said he thinks this is something exciting for the city and they want to be part of it. There are three important players in this 1) Municipality. 2) Developer. 3) School Districts. When you have to install infrastructure of sewer and water, it naturally comes to mind of special service areas and special assessments. They can be layered on top so you can use that tool to 1 City Council meeting 12-06-05 finance that water and sewer cost. Those are bonded proceeds. Inflate your revenues on the TIF to satisfy the debt service obligation on those special service areas, and special assessment bonds over a period of time. You have so many tools in a TIF District and you should achieve maximum benefit to the community, school district and maximum security for your finances. COMMITTEE REPORTS: Public Safety & Traffic. Council Action None. Streets & Garbage. Council Action None. Lake, Buildings & Grounds. Council Action None. Informational. Jones Park Beautification Funds. Alderman Reed suggested to Alderman Carl he thought this should be under the Finance Committee. Alderman Carl said that would be all right with him. Alderman Berardi mentioned that he thinks this is the wrong committee and should come under his committee of Public Works, Water & Sewer. Alderman Berardi mentioned that his committee is over Jones Park. City Attorney Jim Elson was asked by Alderman Berardi to comment on this. Jim Elson responded that the Public Works Department does maintain Jones Park and Joe is correct, that should be under his committee. Alderman Reed said then it would be under Public Works, Water & Sewer Committee. Public Works, Water & Sewer. Council Action None. Restrictive Convenance. Alderman Berardi would like to have this issue addressed as people are parking on terraces and not driveways. In my ward we are going to address this issue. Most of the places where this is done are rental property. Alderman Berardi said he wants to know who is responsible? City Attorney Jim Elson remarked that the city has this covered by ordinance. The police have ticketed offenders. Alderman Berardi said since we have the ordinance then it needs to be enforced. Credit Cards. Alderman Berardi commented that there are 55 credit cards issued to employees. What are the rules, policy, etc? Mayor Heinze mentioned to each person that has a credit card, the card is locked up when not in use, and we have a good paper trail. Alderman Berardi thought this was ridiculous. Mayor Heinze said to Alderman Berardi, why don’t you study it? Alderman Berardi agreed. 2 City Council meeting 12-06-05 New Water Customers. Alderman Berardi said that someone is looking at developing a small subdivision with 20 lots and plan on advertising the lots having city water. No one should have water unless they annex to the city in his opinion. City Money – Private Organization. Alderman Berardi said the City has talked about giving $5,000 for beautification of Jones Park. The City should not be giving out funds to a private company. The city has ordinances for the Canton Pride Commission and the Betterment Commission whose purpose is beautification of private/public property. Alderman Hartford mentioned to Alderman Berardi, you have brought up items that are to be discussed under the committee’s. You are doing committee work at the council meeting. Alderman Hartford ask if any one else felt that way? Mayor Heinze said he did! City Attorney Jim Elson gave an overview of what took place on city court day Friday December 2. The total in fines for the day was $1,500 with a total of about 180 cases. Most people in Canton does not know how much the Depot is being used. 1.Last house on left from the back road to St. David was ordered by the judge to clean up the yard to satisfaction of Zoning Officer Clark Wilson, and before January 6, 2006, or be fined $100 per day. 2.The Police Department found the salesman selling vaccum sweepers without a permit, and he pled guilty. 3.The West Locust property that has been called “junk yard” was ordered to be th down to 2 vehicles by January 6 or will be fined $100 a day. 4.Trailers in the Enterprise Park. The attorney for Don Inmon is to with draw from the case. Found out through the insurance company there are only titles to 9 of the trailers. 5.Problem concerning water customer who is the landlord in a trailer court. The landlord takes the funds for their water usage from the people and then did not pay the city. The City will be suing the landlord. nd 6.On December 2 the court gave an order to demolish a house at 352 West Spruce. The owner has not shown in court. The city will seek personal liability, demolition, and attorney fees. 7.Memo from City Attorney Jim Elson on the Hotel/Motel Tax use is as follows…Over the past six months, several questions have arisen concerning requests to use hotel/motel tax revenues for various purposes. To attempt to clarify the matter I have obtained: 1.The legislative history of the law, 2.Attempted amendments which failed, and, 3.Advice from two authorities on municipal law with whom I have served on the Local Government Law Section of the Illinois State Bar Association. The law is clear. Hotel & Motel Tax revenues may be used in a narrowly defined area. within They must be used the municipality solely to promote “tourism and conventions…to attract nonresident overnight visitors”. The law once was worded “conventions and other special events” to attract non residents to the municipality, however, the words, “and other special events” were removed by an amendment in 1983. In reviewing the possible legal and thus permitted uses of the funds derived from this tax, the city is limited to use of the funds 1)only within the community and 2) to promote overnight stays by promoting conventions and tourism. It occurs to me that the city currently pays dues to tourism councils. These would seem to be legitimate expenses along with any dues paid to the Canton Area Chamber of Commerce and the Spoon River Scenic Drive as all promote tourism and attract overnight visitors. Although it is not legally permissible to use any of the city’s general funds for fireworks on July 4, it would seem that the fireworks show might promote 3 City Council meeting 12-06-05 overnight stays in Canton. The issue is debatable as to other events within the city, for example the Cruise-In and the annual Friendship Festival. 8.City Attorney Jim Elson said he has been advised by the Police Chief Donald Edwards that the officers are enforcing the terrace parking. 9.Election laws from the city code say that any sign regardless of content, cannot be displayed more than 30 days prior to the event. Alderman West ask for the city attorney to define “terrace!” Jim answered it is approximate 5 feet from the edge of the sidewalk to the street. No sidewalk otherwise it is from the street edge to the sidewalk edge closer to the street. COMMUNICATIONS FROM MAYOR HEINZE. Salvation Army Captain David Bump. Captain David Bump thanked the council members for the ‘ringing of the bells.’ As he said we know so many of the citizens. He also provided for each of the council members a disc of the Salvation Army Brass Band. David offered his appreciation to those who took the time out of their busy lives to help another by ‘ringing the bells.’ Selling of former City Building at 210 East Chestnut Street. City Attorney Jim Elson th mentioned that when we announced selling of the former city building on November 20, the next day Mark Rothert had a visitor. The visitor claimed he did not have a notice. But was told by Mark that he was called. Have received a contract from David Bruketta with a $1,000 check for a down payment, and will close on January lst with the balance of $38,000. He has agreed to honor the time capsule that is buried in the front yard. The city records stored may remain at a reasonable time. Alderman Berardi wanted to know if any restrictions applied? City Attorney Jim Elson said the only thing applicable is being on the National Historic Registrar. Alderman Sarff felt it would behove us to get the records out before the change of ownership. Motion and second by Aldermen Meade/West, to sell the former City Building located at 210 E. Chestnut Street to David Bruketta for $39,000. Discussion. Alderman Carl wants the funds applied to the heating/air conditioning unit for City Hall at 2 North Main. Motion and second concurred. Roll call. AYES – Aldermen Reed, Meade, Carl, West, Sarff, Berardi, Hartford. NAYS – None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. OLD BUSINESS: None. NEW BUSINESS: ORDINANCE – ABATING ALL OF THE BOND LEVY FOR THE 2005-2006 FISCAL YEAR ($1,150,000 PRINCIPAL AMOUNT ALTERNATE REVENUE BONDS SERIES 2002). First reading, read by title. City Treasurer Kathy Luker explained the reason to abate, if we did not, we would have to levy taxes. Rather than levy taxes, we charged the consumer. ORDINANCE – AMENDING TITLE 5, CHAPTER 1, SECTION 1, OF THE CANTON MUNICIPAL CODE, THE NUMBER OF AUTHORIZED FIREFIGHTERS FOR THE CITY OF CANTON FIRE DEPARTMENT. First reading, read by title. Alderman Meade wants this ordinance to go to the Legal & Ordinance Committee for language clarification. ORDINANCE – LEVYING AND ASSESSING TAXES FOR CORPORATE PURPOSES OF THE CITY OF CANTON, FOR THE FISCAL YEAR BEGINNING MAY 1, 2005, ENDING APRIL 30, 2006. First reading, read by title. 4 City Council meeting 12-06-05 City Treasurer Kathy Luker mentioned this is the actual Tax Levy for property taxes in Canton. And this is the amount to levy against. Alderman Meade asked how this compares to last year? City Treasurer Kathy Luker commented that it is slightly lower as we have to stay under 105% and we’re less than the previous years tax levy amount. ORDINANCE – ABATING ALL OF THE BOND LEVY FOR THE 2005-2006 FISCAL YEAR ($26,430,000 PRINCIPAL AMOUNT ALTERNATE REVENUE BONDS SERIES 2005). First reading, read by title. City Treasurer Kathy Luker commented that this is the most current Bond in October we passed the ordinance that charges the water consumers and surrounding communities who use our water and sewer. If we did not abate this, we would have to levy taxes. This is done so we won’t be charged additional property taxes. RESOLUTION – COUNCIL RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT ASSISTANCE PROGRAM GRANT. First Motion reading, read by title. and second by Aldermen Meade/Reed, the resolution be adopted. Roll call. AYES – Aldermen Hartford, Berardi, Sarff, West, Carl, Meade, Reed. NAYS – None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Resolution being # 3739. Motion Adjournment. and second by Aldermen Hartford/Reed, to adjourn. The motion voice vote carried by , and was unanimous. The regular scheduled council meeting adjourned at 7:38 p.m. ______________________________ Nancy Whites, City Clerk APPROVED: __________________________________ Rodney W. Heinze, Mayor 5