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HomeMy WebLinkAbout08-17-2021 Council Meeting MInutes CITY OF CANTON COUNCIL MEETING MINUTES DONALD E EDWARDS WAY TH 50 NORTH 4 AVENUE CANTON IL 08-17-2021 6:30PM A regular meeting of the Canton City Council was held on August 17, 2021 (6:30pm) STAFF IN ATTENDANCE Mayor Kent McDowell, Attorney Chris Jump, City Clerk Diana Pavley-Rock, Treasurer Crystal Wilkinson, Comptroller Beka Schultz, Public Safety Director Richard Fairburn, Street Superintendent Ron Robinson, System Maintenance Superintendent Dash Wilson, Utility Director Joe Carruthers, City Engineer Keith Plavec OTHERS IN ATTENDANCE: MEDIA IN ATTENDANCE: Fulton Democrat, Daily Ledger VIDEO SERVICES JOE GINGER PLEDGE OF ALLEGIANCE OPENED THE MEETING INVOCATION – Mayor Kent McDowell PUBLIC PARTICIPATION –Kelly Vanmiddlesworth attended the meeting via zoom. Kelly explained that she has owned 12 acres on Boat Dock Road for 51 years and opposes the annexation of 603 acres into the City of Canton. If the annexation is passed, her property will be contiguous or touching the City of Canton’s boundaries. Kelly said that she will make sure her property is self- contained and never needing City services. Kelly further explained that she does not want to risk her property rights to shoot a gun, have horses, cows, chickens etc. If her property were to be annexed into the City of Canton, she would then be required to pay the taxes for the city, park district and library. Kelly is asking that the vote on tonight’s meeting be postponed to allow the community to have time to understand what is going on. Once the area is annexed into the city, Kelly explained that all city ordinances and laws will apply. Kelly expressed further that the community needs to have time to ask questions prior to any action taking place. Travis Arnett was also at the meeting and asked to speak regarding the annexation. Travis explained that he has been a current resident of Boat Dock Road since last October. Travis stated that he moved to the lake area because he did not want to be under city jurisdiction. Travis stated that he was opposed to the annexation and would like to find out more about the annexation. Travis said he was informed two days ago from a neighbor and was upset thinking he is a homeowner in the area to be annexed and just found out about the annexation. Mayor McDowell explained to Travis that his property is not within the annexation area and his property would not be under city jurisdiction. Mayor McDowell explained that Travis was misinformed from the neighbor. The city has been very transparent with the annexation and public discussion has taken place since March. Mayor McDowell said he has been on the radio discussing the annexation, the news media has provided coverage in the newspaper and all public meetings are televised. Mayor McDowell further explained that the only area within the annexation area is directly around the lake and no houses are within the area to be annexed. Travis said there are a lot of rumors and was under the impression that his property was being annexed. Mayor McDowell repeated that his property is not being annexed. Attorney Jump explained that a map of the area to be annexed is available at the meeting for anyone wanting to see the exact area of the proposed annexation. Mike Gasparavich attended the meeting via zoom and asked to speak regarding the annexation. Mike said that he had a question regarding the property around the Gasparvich brothers farm that he believes would be annexed into the city. Mayor McDowell stated that area is not being annexed into the city. Mike said that he received a letter from Public Safety Director Richard Fairburn regarding employees wanting to hunt on some of the property along the farm. Engineer Plavec said that property is not part of the annexation agreement. Mike asked if there is going to be a hunting club that borders his property. Mayor McDowell said that the hunting is yet to be determined and does not have anything to do with the annexation that is on tonight’s agenda. Attorney Jump suggested that Mike Gasparavich’s attorney contact him for further discussion regarding hunting. Mayor McDowell stated that he would like to move the Mayor Communications to the beginning of the meeting. MAYOR COMMUNICATION State Representative Mark Luft was at the council meeting to present an award to Mayor Kent McDowell for his leadership during the COVID 19 pandemic. Representative Luft explained that he met Mayor McDowell at the beginning of COVID and worked directly with him through out the pandemic. Mayor McDowell said that he wanted to accept the reward on behalf of all of the department heads and other elected officials that all worked together during the pandemic. It was a team effort from everyone during the pandemic. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin ADDITIONS OR CORRECTIONS TO THE AGENDA . Alderperson Nelson stated that the item under the Negotiations, Grievance and Personnel committee will be discussed in executive session. CONSENT AGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD AUGUST 3, 2021 POLICE REPORT FIRE REPORT PUBLIC WORKS REPORT Motion and second were made by Alderpersons Nelson/West to approve the consent agenda. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. COMMITTEE REPORTS: FINANCE ALDERPERSON ANDRA CHAMBERLIN BILL LIST Alderperson Lingenfelter questioned a bill showing up on the bill list for energy at the WWTP. Treasurer Wilkinson explained that it is a monthly utility bill for the WWTP. Utility Director Joe Carruthers explained that the bill is for the building that houses all of the large pumps and the bill becomes larger during heavy rains or storms. Alderperson Fritz questioned the three different invoices showing up on the bill list for Blueline Tree Service. The three invoices total $30,510.00 which exceeds the mayor’s authority that falls under emergency spending limits. The services took place in June after a storm. Treasurer Wilkinson stated that the mayor’s spending limit during an emergency that is not authorized by Council is $10,000.00. Alderperson Fritz asked why these charges did not come to council for approval prior to authorizing the service. Alderperson Fritz stated that this is the first time he is aware of the city using this company and asked how he found them. Utility Director Joe Carruthers explained that when the storm came on June 18, 2021 the only company that the city could get in contact with was Blueline Tree Service that is owned by the mayor’s son. They were available immediately to come to Canton to start to help with the tree cleanup and removal. The tree service stayed about a week and brought various types of equipment. Joe further stated that he was very happy with the cleanup and how it turned out. There were trees down and power out in various places after the storm. Alderperson Fritz said he is concerned that the mayor exceeded the amount he is authorized to spend in an emergency situation, did not follow the proper bidding process, and hired a family member. Motion and second were made by Alderperson Fritz/Nelson not to pay the bills for Blueline Tree Service until an audit is performed by an outside firm. Attorney Jump said he could have a resolution at the next meet for approval of an audit. Further discussion took place regarding the bidding requirements and the emergency spending procedures. Alderperson Chamberlin explained that she doesn’t understand how a bidding process could take place under an emergency situation and when some people are at home without oxygen because the power is out due to tree damage. Alderperson Fritz explained that you would still need to come to council for approval by holding a special meeting. Alderperson Fritz again expressed concerns about exceeding the spending limits, not going to council and having family members perform the work to get paid. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion failed. Motion and second were made by Alderpersons Chamberlin/West to approve the bill list as presented and to waive the bidding requirements for the tree services performed. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. LEGAL AND ORDINANCE ALDERMAN CRAIG WEST, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE AUTHORIZING AND DIRECTING THE SALE OF CERTAIN PERSONAL PROPERTY OWNED BY THE CITY OF CANTON AND NO LONGER ND NEEDED FOR CITY PURPOSE-1993 FORD F350 (2 READING) ORDINANCE #4247 Council agreed not to waive the reading of the ordinance at the last meeting due to a city employee wanting to purchase the truck. The offer of $800.00 was made by the employee for the purchase of the Ford F350 Motion and second were made by Alderpersons West/Nelson to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE AUTHORIZING A LEASE OF MUNICIPALLY ST OWNED REAL PROPERTY LOCATED AT 24503 E NORTHSHORE DRIVE, CANTON IL (1 READING) ORDINANCE #4248 Attorney Jump explained that this was the home that burned recently so there is additional language that will require the property to be cleaned up within 45 days of execution of the ordinance, otherwise the lease will terminate. Motion and second were made by Alderpersons Nelson/Chamberlin to waive the first reading of the ordinance. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. Motion and second were made by Alderpersons Nelson/Chamberlin to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING A SPECIAL EVENT AND ROAD CLOSURE REQUEST FOR THE CANTON FRIENDSHIP FESTIVAL PARADE TO BE HELD ON SEPTEMBER 18, 2021 RESOLUTION #5329 An application was submitted for the Friendship Festival parade to be held September 18, 2021. A certificate of insurance will be sent to the City Clerk prior to the parade. Motion and second were made by Alderpersons West/Nelson to approve the resolution for the special event and road closure request for the Canton Friendship Festival Parade. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING A SPECIAL EVENT AND ROAD CLOSURE REQUEST FOR THE CHS HOMECOMING PARADE TO BE HELD SEPTEMBER 24, 2021 RESOLUTION #5330 An application was submitted for the Friendship Festival parade to be held September 18, 2021. A certificate of insurance will be sent to the City Clerk prior to the parade. Motion and second were made by Alderpersons West/Hale to approve the resolution for the special event and road closure request for the CHS Homecoming parade to be held September 24, 2021. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE AMENDING TITLE 6, CHAPTER 12 ST (WEAPONS AND FIREARMS) OF THE CANTON MUNICIPAL CODE (1 READING) Attorney Jump explained that if the annexation moves forward tonight, part of the annexation will include Youth Acres. Attorney Jump said he wanted to be proactive by having an ordinance that will allow them to have shooting targets or archery practice at Youth Acres even thought it would be within city limits. The site would be approved by the Chief of Police to make sure it is safe and to make sure the activities comply with all other ordinances and laws. If the activities are school sponsored or for educational purposes it would be covered under the ordinance. NEGOTIATIONS, GRIEVANCE & PERSONNEL ALDERMAN JUSTIN NELSON, CHAIRMAN DISCUSS AND CONSIDER COLLECTIVE NEGOTATING MATTERS BETWEEN THE CITY OF CANTON AND ITS EMPLOYEES AND THEIR REPRESENTATIVES, OR DELIBERATIONS CONCERNING SALARY SCHEDULES FOR ONE OF MORE CLASSES OF EMPLOYEES. COMMUNITY & INDUSTRIAL DEVELOPMENT ALDERPERSON JOHN LOVELL, CHAIRMAN PUBLIC WORKS, WATER & SEWER ALDERPERSON ANGELA LINGENFELTER, CHAIRMAN PUBLIC SAFETY AND TRAFFIC ALDERPERSON ANGELA HALE, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON THE PURCAHSE OF 5.56 MM CARBINES, ACCESSORIES AND TRAINING FOR THE CANTON POLICE DEPARTMENT ORDINANCE #4250 Public Safety Director Richard Fairburn explained that currently the department has a mix of various types of rifles. Some of the rifles are thru a loan program from the military and the inventory requirements are very extensive. The military equipment will be returned as soon as the rifles arrive. The city currently receives $50,000.00 from 911, so the cost would come from that fund. The request incudes the purchase of 12- 5.56 carbines and accessories. Motion and second were made by Alderpersons Hale/Fritz to approve the purchase of the 12- 5.56 carbines, accessories and training for the Canton Police Department up to $22,500.00 from the 911 fund. Attorney Jump will add to the ordinance that the funds will be paid from the 911 fund. ROLL CALL Yes No Absent Alderman Gossett X Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderwoman X Chamberlin Mayor McDowell voted Aye The motion carried. DISCUSS, CONSIDER AND VOTE ON THE PURCHASE OF A POLARIS RANGER XP 1000 6 PASENGER CREW CAB UTILITY VEHICLE FOR THE CANTON POLICE/FIRE DEPARTMENT ORDINANCE #4251 Public Safety Director Richard Fairburn is requesting the purchase of a new Polaris 6 passenger crew cab utility vehicle that includes a rescue bed to be able to transport injured people. The vehicle would be available for both the police and the fire department. The city previously borrowed one from the state mutual aid to have downtown during the cruise in, in the event someone would be injured. The city now has a new trail at the Canton Lake that could create a need to be able to have a vehicle to access the trails. The cost is $24,527.80 for the vehicle and an additional amount for the rescue bed. The utility vehicle would be stored at the fire department. Alderperson Nelson asked if a smaller Utility vehicle would be better. The large vehicle could be difficult to move up and down hills and on narrow trails. Motion and second were made by Alderpersons Hale/Linfenfelter to approve the purchase of the Polaris Ranger XP 1000 6 passenger crew cab utility vehicle for the Canton Police/Fire department and to be paid from the 911 fund not to exceed $27,877.80 plus necessary fees/tax. Discussion: Alderperson Nelson asked if the city just purchased a utility vehicle for the water plant that could be used on the trails. Alderperson Nelson said that it seems like every year the city is trying to have enough money to purchase police vehicles. Alderperson Nelson said he is concerned with spending this much money on a vehicle that will not be used near as often as a police car. Alderperson Nelson said he does not believe this is a wise purchase and would rather see the money spent on a new police vehicle. Alderwoman Lingenfelter said that she recalled a conversation when the city authorized the purchase of the utility vehicle for the lake and asking if a rescue bed would be needed on that vehicle. At the time Director Fairburn said that would be the responsibility of Copperas Creek, but that would only cover up to the annexation. Alderperson Fritz said he doesn’t recall a time that required a utility vehicle for a rescue need or where the city could not get to someone. It might be nice to have, but the need has not been demonstrated. Director Fairburn explained that in public safety, the city needs to be prepared for a lot of things that might or might not happen. Director Fairburn further explained that these purchases are things that he has determined to be needed within the police and fire department. The City has the 911 funds that are available for the expenditures. Alderperson Nelson asked when the city is going to start to put money back to start to replace fire engines instead of buying aging trucks that only last a few years. ROLL CALL Yes No Absent Alderman Gossett X Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderwoman X Chamberlin Mayor McDowell voted Aye The motion carried. DISCUSS, CONSIDER AND VOTE ON THE PURCHASE OF HARDWARE AND SOFTWARE FOR IN CAR CITATION/ACCIDENT REPORTING FROM TYLER TECHNOLOGIES FOR THE CANTON POLICE DEPARTMENT ORDINANCE #4252 Director Fairburn explained that this is an in-car package that will allow the officers to produce traffic citations and accident reports that will print out in the car so they can give them directly to the people at the scene of the crash. Springfield has been using this system for about a year and the officers like the software. Currently all of the reports are handwritten, so it will also save time. The cost is $39,485.00. Most of this cost is a one- time fee for the hardware that goes in the cars. There is a $6,000.00-$7,000.00 annual fee. The current balance in the 911 fund is approximately $87,000.00, but the city will get another $50,000.00 next week. Motion and second were made by Alderpersons Hale/Nelson to approve the purchase of the hardware and software for the in- car citation/accident reporting from Tyler Technologies for the Canton Police Department. ROLL CALL Yes No Absent Alderman Gossett X Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderwoman X Chamberlin Mayor McDowell voted Aye The motion carried. STREETS AND GARBAGE ALDERPERSON JEFF FRITZ, CHAIRMAN LAKE, BUILDINGS AND GROUNDS ALDERPERSON GREG GOSSETT, CHAIRMAN nd DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE ANNEXING CANTON LAKE (2 READING) ORDINANCE #4253 Attorney Jump explained that the area being annexed is owned by the city of Canton and have no homes or residents within the annexation area. The annexation does not include the potential parcels that will be bid. If the bids are approved a similar vote would take place to formally annex those. The area being annexed is uninhabited, unincorporated and owned by the city. The city sent out notice to all of the trustees of Canton Township, Orion Township, the highway commissioners of the Orion and Canton Township, supervisors of Canton and Orion Township, Clerks of the Canton and Orion Township, all of the members of the Parlin Ingersoll Library District and Coppers Creek Fire District If the ordinance is adopted, Attorney Jump will need to send notice to the US Post Office and the election authorities. Based upon the statute the area would fall into the adjoining ward because the population is not being substantially increased by the annexation. This area would fall into ward 4. The only building inside the annexation area is the water treatment plant building. The people that are adjacent are still in the county and have all of their rights as citizens of the county. These individuals will not be paying city taxes. If the City decides to sell the parcels within the Old Beach Addition that property would need to be annexed- and would be the only lots annexed into the city. The township will not lose any funding other than some MFT funds because the city would be taking over some of the roadways. Engineer Plavec and Superintendent Ron Robinson met with the roadway commissioner today to discuss this. The county indicated that it is approximately $1500.00 per mile. Orion Township will lose approximately 3500 feet, which would be approximately $1100.00. If the City were to sell and annex this property and homes were developed on it- the tax revenue that Orion Township would receive is more money than what they would have lost with their MFT dollars. Motion and second were made by Alderpersons Gossett/Lingenfelter to approve the ordinance annexing Canton Lake. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE AUTHORIZING THE SALE OF ALL OR PARTS OF LOTS 12-20 OF OLD BEACH ADDITION SUBDIVISION AND REJECTING REMAINING BIDS ORDINANCE #4254 Attorney Jump explained that the ordinance authorizing the sale of all or parts of lot 12-20 of Old Beach Addition Subdivision would also include language to reject any remaining bids. Copies of the bids were available at the meeting for review. John Davis was present at the meeting to answer any questions and Royce Jones was in attendance via zoom. Attorney Jump discussed the difference between the proposals submitted by John Davis and Royce Jones. John Davis addressed the council. John explained that he is proposing 5 homes. Two of the homes would be approximately 2000 square feet and the other three would be 2500 square feet with lake access and boat dock. The underbrush would be cut down so a nice view would be available. John further explained that he has been working with Attorney Jump on the covenants. If voted on, John would continue to work with the city on the development. Further discussion took place regarding the number of lot individuals could purchase. John further explained that his proposal includes 5 lots. Alderman Lovell asked additional questions regarding the number of homes developed on the lots. John further stated that for clarification he is proposing 5 homes. Attorney Jump explained that if there are any undeveloped lots after 5 years, the city can buy them back for the price they paid for them. The proposed ordinance will have amounts and names filled in when the vote is taken. Several attachments will need to be attached to the ordinance. A short recess took place to determine if executive session could take place to further discuss. After the short recess for Attorney Jump to review the exemptions for executive session, the council returned to open session. Attorney Jump said it would not be an exception to go into executive session. Attorney Jump explained that if the city did not do the bidding process, the city could have deemed this surplus land, have it appraised and sell it for at least 80% of the appraisal. The city decided previously to allow for the bidding process. Motion and second were made by Alderpersons Gossett/Hale to authorize the sale of all of parts of lots 12-20 of Old Beach Addition Subdivision to the John and Gloria Davis Land Trust in the amount of $26,000.00 subject to conditions of the real estate sales agreement. Attorney Jump said he can bring back the final version prior to closing. ROLL CALL Yes No Absent Alderman Gossett X Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderwoman X Chamberlin Mayor McDowell voted Aye The motion carried. DISCUSS, CONSIDER AND VOTE TO REJECT ALL BIDS FOR THE SALE OF ALL OR PART OF LOTS 12-20 OF OLD BEACH ADDITIONS SUBDIVISION Attorney Jump explained that this item can be stricken from the agenda. MAYOR COMMUNICATION OLD BUSINESS NEW BUSINESS . ADJOURNMENT MOTION and second were made by Alderpersons Nelson/West to adjourn into executive session for: 5 ILCS 120/2 C2 No action will be taken after the executive session. ROLL CALL Yes No Absent Alderperson Gossett X Alderperson X Lingenfelter Alderperson Fritz X Alderperson Hale X Alderperson West X Alderperson Lovell X Alderperson Nelson X Alderperson X Chamberlin The motion carried. ________________________________________________ Mayor Kent McDowell ________________________________________________ City Clerk Diana Pavley Rock