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HomeMy WebLinkAbout07-16-2019 Council Meeting City of Canton Council Meeting The Donald Edwards Way (Historic Depot) Canton 1161520 July 16, 2019 6:30PM A regular meeting of the Council meeting was held on July 16 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, Administrative Assistant Shannon Williamson, Treasurer Crystal Wilkinson, Public Safety Director Richard Fairburn, System Maintenance Superintendent Dash Wilson, Street Superintendent Ron Robinson, City Engineer Keith Plavec, WTP Superintendent Caleb Hale, WWTP Superintendent Michael Courtney MEDIA IN ATTENDANCE: Daily Ledger, Fulton Democrat VIDEO SERVICES BY JOE GINGER PLEDGE OF ALLEGIANCE OPENED THE MEETING INVOCATION- Pastor VanTine 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 CONSENT AGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD JULY 2. 2019 BILL LIST FIRE REPORT PUBLIC WORKS REPORT Motion and second were made by Aldermen West/Lovell to approve the consent agenda The motion carried by voice vote and was unanimous. COMMITTEE REPORTS: FINANCE ALDERMAN RYAN MAYHEW, CHAIRMAN LEGAL AND ORDINANCE ALDERMAN CRAIG WEST, CHAIRMAN DISCUSS AND CONSIDER CHANGES TO THE BURNING REGULATION Alderman West explained that a few citizens discussed the possibility of revising the current burning regulations by allowing burning 7 days a week. This will be brought back to the next agenda as an ordinance. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE AMEDING PROVISIONS 3-7-6 RELATIVE TO SMOKING IN THE CITY OF CANTON, ILLINOIS ORDINANCE#4152 Effective to July 1, 2019 the legislature passed an amendment that changes the legal age from 18 to 21. The City ordinance has ranges for fines. The payment of fines is a contested matter in the courts. It was decided in the State of Illinois that a parent is not liable for a minor's fines. Motion and second were made by Aldermen West/Quin Mayhew to waive the rules for the second reading of the ordinance. The motion carried by voice vote and was unanimous. Motion and second were made by Alderman Craig 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 AN ORDINANCE CREATING ZONING PROVISIONS FOR THE DISTRIBUTION AND SALE OF MEDICAL AND RECREATIONAL CANNABIS IN THE CITY OF CANTON, ILLINOIS When the medical cannabis industry was allowed and permitted under the State of Illinois use act, the City was allowed and authorized to prepare zoning ordinances to regulate and control it. The City has the option to completely outlaw (such as in Morton Illinois) or the City can provide regulations that coincide with the state regulations. The City already has a medical dispensary. Attorney Lane explained that he followed the basic requirements in establishing the ordinance. South of Cook County there will be 30 licenses issued under the new law. Three recreational licenses within the West-Central area can be issued. The proposed ordinance includes the distance allowed from schools/daycares along with the age limit of 21. The marijuana could not be consumed in a public place. A medical or recreational dispensary would not be allowed in a physician office. The City would be able to regulate the days and hours of business. The proposed ordinance is from 7:OOam to 10:OOpm 7 days per week. The ordinance provides the limits on the amounts that can be possessed. Security must be provided at all times on the property. If a person is 21 years of age or older,they could possess 30 grams of cannabis; 500 milligrams of THC in contained and infused products and 5 grams of cannabis concentrate. Non-residents can possess half of the amounts of residents. The proposed ordinance would create a revenue source for the City. The medical dispensary could apply for a recreational license, which would not impact the three license that could be issued. Once the City issues a license, it would be up to the state to determine if a state license would be issued. Alderwoman Hale asked if the City has any information on how legalizing marijuana has impacted the traffic accident rate in different states. Public Safety Director Richard Fairburn explained that every state that he is aware of has suffered problems. Alderman Fritz explained that he would like to see additional information in the ordinance regarding the violations for the actual distributor to sell more than the allowed amount. This would make it more uniform with the requirements set forth in the liquor ordinance. Alderman Fritz would also like to see the same provision for the Mayor to hold a hearing for violations as set forth with the liquor hearings. Attorney Lane said he is asking for some direction on the amounts to list as a licensing fee. Alderman Fritz suggested charging a percentage of the amount required for the state license--- charging 10%of the state amount. Attorney Lane will revise the ordinance and bring it back to the next meeting. DISCUSS, CONSIDER AND VOTE ON LEASE/AMEREN Attorney Lane said he was contacted by Ameren about a lease agreement that was executed on June 3, 2003. The City leased an area that was approved under a governmental program. The City has salt stored on the property owned by Ameren. The other parcel is through Big Creek. The City provided the funds for doors for the building where the salt is stored. The current lease is until 2023. Ameren is wanting to sell both parcels. Attorney Lane explained that he is waiting on final confirmation from Ameren on the cost and a few other items. Attorney Lane will continue discussions with Ameren and bring further information back to the next council meeting. 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 THE OLD SIESTA HOTEL SITE AND DEVELOPMENT At the last council meeting Alderman Fritz asked that the City check references with Royal Hospitality. The references received were attached to the packet along with photos of an incomplete hotel at the Joliet Illinois location. Attorney Lane said he would not suggest moving forward. The Joliet project has been going on for over 2 years and is still not complete. Engineer Plavec said he reached out to three different people to check references, but only made contact with one of the references. Engineer Plavec also contacted the communities they are in. One of the contacts was American Build System and spoke to Scott Turby (Vice President.) Scott said that they are very good payers and had worked with their project manager in the past. He said the building was very structurally sound compared to other projects they worked on. He said that they move at their own pace. Engineer Plavec reached out to another community in Northern Illinois. They had not heard of this group yet. Engineer Plavec spoke with their Chief Building Official in Shorewood (which is where the other hotel is located). They received their first building permit in February 2018 and said the work began in 30 days. The permits expired in February 2019. They applied and received a new permit. It has not been closed in yet, so no inspection has taken place. The official said the manager does good work and they pay well, but they move at their own pace. Attorney Lane explained that they were suppose to have the project finished in 15 months and the City has already declared default. Engineer Plavec explained that he looked into a performance bond and due to the cost,the developer denied receiving a bond. Alderman Lovell said that the references show that they pay well and they do good work. If the City cuts ties with the developer at this point, the City may not ever get a new developer to come in to develop on this site, and at least at this point a new hotel could be at the location. Alderman Ryan Mayhew expressed concerns about the possibility of the developer starting the project, but not finishing it. Alderman Fritz agreed with Alderman Lovell about the possibility of not getting a new developer, and the City should take a chance with proceeding with the current developer. Motion and second were made by Aldermen West/Ryan Mayhew to deny the addendum 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 Attorney Lane suggested emailing him with the suggested revisions and this will be brought back to the next council meeting for further discussion. DISCUSS CONSIDER AND VOTE ON POSSIBLE PURCHASE OF 352 WEST PINE STREET INVOLVING TAX SALE WITH FULTON COUNTY Attorney Lane explained that the City could do an in-house demolition but discovered that the property is currently involved in a tax sale with Fulton County. Currently the County owns the property as a trustee. Attorney Lane spoke to the attorney handling it for Fulton County. He offered to sell it to the City for$750.00. The City would need to determine if they want to buy a lot after the garage is torn down. An auction is scheduled for July 19, 2019. The main focus is the garage that sits on the property since it is leaning against a neighbor's property. The City will wait until after the auction to see if anyone purchases the property before a decision is made. This will be brought back to the next council meeting for further discussion. NEGOTIATIONS, GRIEVANCE & PERSONNEL ALDERMAN JUSTIN NELSON, CHAIRMAN COMMUNITY& INDUSTRIAL DEVELOPMENT ALDERMAN JOHN LOVELL, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A SPECIAL EVENT REQUEST FOR THE HERITAGE DAYS ANTIQUE AND COLLECTIBLE SHOW TO BE HELD AUGUST 10, 2019 An application was submitted for the Heritage Days Antique and Collectible Show to be held in Jones Park. No road closure was requested for the event. Motion and second were made by Aldermen Lovell/Hale to approve the special event request for the Heritage Days Antique and Collectible Show to be held August 10, 2019. 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 CLASS F SPECIAL EVENT LIQUOR LICENSE FOR ST. MARY'S CATHOLIC CHURCH FOR THEIR ANNUAL FESTIVAL TO BE HELD AUGUST 7. 2019 A request was submitted by St. Mary's Catholic Church for their annual festival to be held August 7, 2019. Motion and second were made by Aldermen Lovell/Nelson to approve the Class F Special Event Liquor License for St. Mary's Catholic Church for their annual festival to be held August 7, 2019. Attorney Lane stated that he wanted to be certain that a certificate of insurance 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 A SPECIAL EVENT AND ROAD CLOSURE FOR THE DEPUTY CHISUM MEMORIAL FUND TO BE HELD AUGUST 10, 2019 AT BREW N CUE A request was submitted by Brew N Cue for the Deputy Chisum Memorial Fund to be held August 10, 2019 and includes a road closure from Van Buren to 1St Avenue. The certificate of insurance will be submitted after approval. Motion and second were made by Aldermen Lovell/Ryan Mayhew to approve the special event and road closure for Deputy Chisum memorial fund to be held August 10, 2019 at Brew N Cue pending receipt of liability insurance. 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. PUBLIC WORKS, WATER AND SEWER ALDERWOMAN ANGIE LINGENFELTER, CHAIRMAN PUBLIC SAFETY AND TRAFFIC ALDERWOMAN ANGELA HALE STREETS AND GARBAGE ALDERMAN JEFF FRITZ,CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING AN EXTENSION AGREEMENT WITH TAZEWELL COUNTY LANDFILL, INC. D/B/A INDIAN CREEK LANDFILL RESOLUTION #5197 On April 1, 2014 the City entered into an agreement with Tazewell County Landfill Inc for the disposal of residential solid waste. The agreement allowed for the extension of two-five-year extensions under the pricing schedule. Previously the City used Waste Management for the disposal of residential solid waste and was paying$40.00 per ton. The City put this out for a formal bid at that time and Indian Creek Landfill came in and bid $30.00 per ton. Waste Management bid was$38.00 per ton. The price increased in May 2019 to $37.97 per ton. It is the recommendation of Engineer Plavec to continue with Indian Creek Landfill. Motion and second were made by Aldermen Fritz/Hale to extend the agreement with Tazewell County Landfill Inc D/B/A Indian Creek Landfill for the disposal of residential solid waste. 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. LAKE, BUILDINGS AND GROUNDS ALDERMAN QUIN MAYHEW DISCUSS, CONSIDER AND VOTE ON AGING A/C UNIT AT THE CANTON FIRE DEPARTMENT The fire department building A/C unit was originally installed in 1995 and has been experiencing some problems. The City received a bid from GM Mechanical. One option is to repair the air conditioning unit for$1350.00,or replace the older unit at a price of$8,400.00 for a more energy efficient unit. There are some concerns about repairing the older unit and the probability of continued problems. The fire department has two other units that are currently in working condition. Due to the duct work at the fire department,they are unable to get one large unit for the building. The unit that needs repaired or replaced is in the sleeping and living areas of the department. The City has funds in the capital fund at the fire department. Motion and second were made by Aldermen Quin Mayhew/West to purchase the new unit from GM Mechanical in the amount of$8400.00. 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. MAYOR COMMUNICATION Mayor McDowell encouraged everyone to go to Canton Lake to see the improvements being made at the lake. OLD BUSINESS NEW BUSINESS ADJOURNMENT Motion and second were made by Aldermen Nelson/Lingenfelter 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