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HomeMy WebLinkAbout10-01-2013 Council Minutes A regular meeting of the Canton City Council was held on October 1, 2013 at 6:30 pm in the Council Chambers, The Donald E. Edwards Way-50 North 4th Avenue, Canton, Illinois 61520. Aldermen in attendance: Dave Pickel,Jim Nelson, Craig West, Gerald Ellis,John Lovell,Tad Putrich Aldermen absent: Aldermen Justin Nelson,Aldermen Jeremy Pasley Staff in attendance: City Treasurer Kathy Luker, City Attorney Nancy Rabel, Mayor Jeffrey A Fritz, Community Service Director Jason Strandberg, City Clerk Diana Pavley-Rock, Fire Chief Tom Shubert, Police Chief Kent McDowell, City Engineer Keith Plavec, Economic Development Director Missy Towery Media in attendance: Daily Ledger Video Services by Joe Ginger Others in the audience: Bipen Patel (East Side Liquor) Kelly Downs-Dan Carmack (Chubb's) Larry Cohen (CVS), Mike Waller (Hy-Vee) Carol Kuchan, Judy McGinnis, Drew Johnson, Tim Garren, Kevin Williams, Lee Puleo, PLEDGE OF ALLEGIANCE OPENED THE MEETING PUBLIC PARTICIPATION CAROL KUCHAN Carol explained that she served as a liquor commissioner for the City of Canton for more than 20 years. During this time many challenges took place. International Harvester closed and took over 3,000 jobs. Mining problems were happening and downtown businesses were worried about their business. Canton was desperate for new businesses that would provide jobs. During the 1980's when times were the hardest in Canton, several new retail businesses offered to relocate to Canton. Nearly all of these businesses asked to sell packaged liquor. At least two said they would not located in Canton if they did not receive a liquor license. Carol explained that they did some serious soul searching and decided that they would not back down from their principles. We have good reason for limiting the sale of packaged liquors. The Illinois Liquor Control Act states "This act shall be liberally construed that the health, safety and welfare of the people of the State of Illinois shall be protected and the sale of alcohol liquors shall be fostered and promoted by sound and careful control and regulation." They believed they were protecting the health, safety and welfare of the people. Every one of these businesses still came to town and thrived. They felt that there were two important reasons for keeping packaged liquor out of grocery stores, drug stores and gas stations. The first reason is the youth. The second reason is people struggling with alcoholism. The youth have the same right to be on the premises of a grocery store, gas station or convenience store; however they do not have a right to be inside of a packaged liquor store. We all know of youth that have been killed in accidents involving alcohol. Many of these are associated with alcohol that was sold at stores other than packaged liquor stores. If we grant a grocery store a liquor license the City will open the flood gates to every business that has been turned down over the years. Do we really want our kids seeing alcohol in every cooler in town and make it easier for them to get alcohol? The second concern is for recovering alcoholics. We have all known of someone that recovers from alcoholism. The recovering alcoholic goes to a grocery store to buy food, but is tempted with the alcohol that is in the store. Carol asked that the City continue to exercise sound control of the sale of alcohol. DALE BROOKS Dale Brooks explained that over $150,000.00 was paid for each small business that opened their doors. If the expansion of packaged liquor is granted, the large corporations will only have to pay a liquor license fee to start selling alcohol. These small businesses do not have any other source of revenue coming from their business. The larger stores have other sources of revenue—such as flowers, pharmacy, food, restaurant etc. Dale asked that this decision be made by the citizens of Canton in the form of a referendum. JUDY MCGINNIS Judy McGinnis explained that she works at East Side Liquor and has been with the store for 9 years. It has always been the City's best interest to promote small business. If the City opens the liquor license, it will put these small businesses in danger. Small businesses can't compete with large corporations. If the Council thinks the citizens want the expansion, there should be a referendum placed on a ballot. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X CONSENT AGENDA Minutes of Council Meeting held September 17, 2013 Minutes of Mechanical Committee Meeting held September 24, 2013 Motion and second was made by Aldermen Jim Nelson/Putrich to accept the minutes as presented and have the minutes placed on file. The motion carried by voice vote and was unanimous. COMMITTEE REPORTS: PUBLIC SAFETY&TRAFFIC ALDERMAN JIM NELSON, CHAIRMAN POLICE REPORT Motion and second were made by Aldermen Jim Nelson/West to approve the police report and place it on file. The motion carried by voice vote and was unanimous. PURCHASE OF FIREARM EQUIPMENT A request was made by Chief McDowell to purchase firearm equipment that would be paid from the federal forfeiture fund. The equipment would be purchased from Rock River at a total cost of$3,271.00. Motion and second were made by Aldermen Jim Nelson/Pickel to approve the purchase of the firearm equipment from Rock River in the amount of $3,271.00. This would be paid from the federal forfeiture asset fund. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. HIRING OF CROSSING GUARDS Chief McDowell explained the importance of having a crossing Guard at 16th and Ash Street. The City would need to hire an additional crossing guard for this area. Motion and second were made by Aldermen Jim Nelson/Pickel to approve the hiring of the crossing guard for 16th and Ash Street in Canton. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. FIRE REPORT Motion and second were made by Aldermen Jim Nelson/Ellis to approve the fire report. The motion carried by voice vote and was unanimous. SPECIAL EVENT REQUEST FROM THE CANTON TRAVELING BASKETBALL FUNDRAISER Motion and second were made by Aldermen Jim Nelson/Putrich to approve the special event pending receipt of their insurance certificate. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. SPECIAL EVENT REQUEST FROM CANTON MAIN STREET FOR THE ANNUAL MUNCHKIN MASQ. Motion and second were made by Aldermen Jim Nelson/Putrich to approve the special event pending receipt of their insurance certificate. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. SPECIAL EVENT REQUEST FROM CANTON MAIN STREET FOR THE ANNUAL CHRISTMAS WALK Motion and second were made by Aldermen Jim Nelson/Putrich to approve the special event pending receipt of their insurance certificate. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. SPECIAL EVENT REQUEST FROM FULTON COUNTY PINK INC 5K 10K Motion and second were made by Aldermen Jim Nelson/Putrich to approve the special event pending receipt of their insurance certificate. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. SPECIAL EVENT REQUEST FROM THE CANTON FAMILY YMCA FOR THE YMCA TURKEY TROT Motion and second were made by Aldermen Jim Nelson/Putrich to approve the special event pending receipt of their insurance certificate. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. DISCUSS, CONSIDER AND VOTE ON THE REQUEST FROM BIG RACK'S STEAKHOUSE FOR A CLASS B SUPPER CLUB LICENSE. Motion and second were made by Aldermen Jim Nelson/Ellis to allow Alderman Pickel to refrain from voting due to his involvement with the owner Kevin Williams. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. Motion and second were made by Aldermen Jim Nelson/West to approve the request from Big Rack's Steakhouse for a Class B Supper Club license. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel Alderman Jim X Nelson Alderman Putrich X Alderman West _ X The motion carried. DISCUSS. CONSIDER AND VOTE ON THE REQUEST FROM HY-VEE FOR THE EXPANSION OF THE PACKAGED LIQUOR LICENSE. The intent of the request from Hy-Vee for the expansion of the packaged liquor license is to increase the number of license allowed within the City for packaged liquor license. Motion and second were made by Aldermen Jim Nelson/Pickel to add a new class of liquor license that would only be for the sale of beer and wine. All spirits and hard liquor would stay with the three packaged liquor stores. A determination from the City Attorney will be made on what the definition is for spirits, wine and beer. Alderman West asked if this expansion would be for all gas stations and grocery stores. It was determined that the expansion would include the gas stations and grocery stores. The compromise of the beer and wine subclass license would leave the packaged liquor stores with a revenue stream that is not available for the businesses holding the new subclass license. The packaged liquor stores will need to market their products the best that they can to increase their revenue. Mike Waller from Hy-Vee explained that he understands that this is a sensitive subject. Packaged liquor sales are standard in most of their locations. All employees go thru an alcohol and tobacco training program. Hy-Vee is not asking for any funding assistance for their expansion, but rather just asking for a liquor license for an expansion of the current Hy-Vee location. Mike explained that they would have a certified wine specialist and a certified beer specialist on staff to help people in the community with some of their decisions with party planning. Alderman West said he is not in favor of gas stations getting liquor license. The City has numerous gas stations and he feels it would create too many liquor license holders. Alderman Pickel said that he did a survey from the community and found that it was 2-1 in favor of expanding the liquor license. Alderman Pickel read an email that he received from a citizen that was in favor of the liquor license expansion. Alderman Putrich said his survey was 3-1 not in favor of the liquor license expansion. Alderman Putrich explained that years ago when these small businesses came to town to purchase a packaged liquor license, they invested in the business knowing that the packaged liquor license was limited in number. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich X Alderman West X The motion carried. STREETS AND GARBAGE ALDERMAN DAVE PICKEL, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON THE TRAFFIC PATTERN IN THE ALLEY BETWEEN EAST WALNUT AND EAST PINE STREET THAT RUNS FROM SOUTH 8TH TO SOUTH 11TH AVENUE. Keith Plavec discussed the concern with the alley located between East Walnut and East Pine Street that runs from South 8th to South 11th Avenue. The concern from homeowner Tim Garren and Dean Putman that lives near the alley is the speed and the amount of traffic that uses the alley. This is a very long alley and is heavily used by vehicles. City Engineer Keith Plavec suggested placing temporary barricades in the alley to help with the traffic problem. The temporary barricades will be placed in the alley for a two month period to see if it resolves the problem. Motion and second were made by Aldermen Pickel/Lovell to place a temporary barricade in the alley for a couple of months. Alderman Jim Nelson asked who would be liable if someone were to hit the barricade. Attorney Rabel stated that the City would be liable because it is City property. This creates an issue. Alderman Pickel explained that he talked with one of the homeowners (Dean Putman). Dean's door is just footsteps from the alley. If the children were to come out of the house they could easily be hit by traffic coming down the alley. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich X The motion carried. LAKE, BUILDINGS& GROUNDS ALDERMAN JOHN LOVELL, CHAIRMAN TRUE VALUE GARDEN CENTER CHANGE ORDER REQUEST Motion and second were made by Aldermen Pickel/Putrich to allow Alderman Putrich to refrain from voting due to his property being inside of the TIF district. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich Alderman West X The motion carried. Motion and second were made by Aldermen Lovell/Ellis to approve the True Value Garden Center Change order in the amount of$74,981.40 from the TIF 1 funds. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman Putrich Alderman West X The motion carried. PUBLIC WORKS, WATER&SEWER ALDERMAN GERALD ELLIS, CHAIRMAN INVOICE FROM SYNAGRO CENTRAL, LLC FOR WTP SLUDGE REMOVAL AND DISPOSAL IN THE AMOUNT OF $92,273.82 Motion and second was made by Aldermen Ellis/Pickel to approve the invoice from Synagro Central, LLC for WTP Sludge Removal and disposal in the amount of$92,273.82 ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich X The motion carried. APPLICATION FOR PAYMENT NO 3 FROM OTTO BAUM COMPANY INC FOR TRUE VALUE GARDEN CENTER IMPROVEMENTS IN THE AMOUNT OF$17,582.85 Motion and second were made by Aldermen Ellis/West to excuse Alderman Putrich from voting. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich The motion carried. Motion and second was made by Aldermen Ellis/Pickel to approve the application in the amount of$17,582.85 from the TIF fund. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich The motion carried. COMMUNICATIONS FROM MAYOR JEFFREY A FRITZ APPOINTMENT-ZONING BOARD OF APPEALS Mayor Fritz explained that he would like to appoint Alderman David Pickel and Alderman Justin Nelson to the zoning board of appeals. Motion and second was made by Aldermen West/Ellis to approve appointments ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich X The motion carried. APPOINTMENT—LIQUOR COMMISSION Mayor Fritz announced that he would like to appoint Mike Freeman and Doug Mannock to the liquor commission. Motion and second were made by Aldermen Ellis/Lovell to approve the appointments for the liquor commission. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich X The motion carried. BID AND CONTRACT WITH GOOD ENERGY Treasurer Kathy Luker went to Peoria for the bid day with Good Energy. The contract is effective June 2014. The contract was for the residential electricity supply. Good Energy received the contract bid of 4.580 (rate) from June 2014 to June 2016. The bid comes with a match price clause—If Ameren's rate is lower, then Good Energy will match that rate. This rate is lower than what the City is currently paying with Integrys. PRESS RELEASE INFORMATION Mayor Fritz explained that he received a phone call from the Governor's office regarding a press conference held in Peoria. The press conference was regarding the Illinois Jobs now capital program. They announced the release of 5.3 million dollars to the Peoria and Central Illinois area for transportation improvements. Canton was awarded $66,391.00 which is in addition to the Motor Fuel Tax. OLD BUSINESS NEW BUSINESS: A RESOLUTION APPROVING AN AMENDMENT TO A LAKE LOT LEASE BETWEEN THE CITY OF CANTON AND MICHAEL S MANSFIELD AND NANCY CRAWLEY Last Tuesday's committee recommended sending the amendment to the lake lot lease between the City of Canton and Michael S Mansfield and Nancy Crawley to Council as a resolution. This item will need to have a notice of intent to adopt an ordinance posted in the newspaper. Once the notice is posted an ordinance will be presented for approval. Motion and second were made by Aldermen Ellis/Pickel to grant the approval for the notice to be published in the newspaper. The motion carried by voice vote and was unanimous. A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND DENNIS AND MARY THOMPSON #4034 Motion and second were made by Aldermen Ellis/Putrich to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich X The motion carried. AMENDMENT TO LAKELAND PLACE SUBDIVISION FINAL PLAT Motion and second were made by Aldermen Lovell/Ellis to approve the amendment to the Lakeland Place Subdivision Final Plat. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich X The motion carried. ADJOURNMENT Motion and second was made by Aldermen Pickel/West to adjourn and go into executive session for personnel and pending litigation (ILCS 5 120/2 C 1 and C 11). The motion carried by voice vote and was unanimous. ROLL CALL Yes No Absent Alderman Pasley X Alderman Lovell X Alderman Ellis X Alderman Justin X Nelson Alderman Pickel X Alderman Jim X Nelson Alderman West X Alderman Putrich X The motion carried. Mayor Jeffrey A Fritz City Clerk Diana Pavley-Rock