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HomeMy WebLinkAbout05-13-08 Clerical Committee Meeting Minutes The Canton City Council Clerical Committee was held on May 13, 2008 in Council th Chambers at the Historic Depot, 50 North 4 Avenue, Canton, Illinois. Mayor Kevin Meade called the meeting order at 6:30 p.m. and explained that the committee did not have a quorum so voting cannot be done. The two aldermen that are present on the committee will refer those issues that need to be for the next council meeting. ATTENDANCE: Aldermen Joe Berardi, Larry Sarff, David Nidiffer, Jason Strandberg, Sonya Lewis. Absent: Aldermen Eric Schenck, Craig West. (No appointment in Ward Three.) Others in attendance: Mayor Kevin Meade, City Clerk Nancy Whites, City Treasurer Kathy Luker, City Attorney Chrissie Peterson, Police Chief Jeff Fritz, Acting Fire Chief was Assistant Fire Chief Dick Grove, Wastewater Treatment Supt. Joe Carruthers, Water Treatment Supt. Greg Pollitt, Street Supt. George Spahn, System Maintenance Supt. Bill Terry, Zoning Officer Keith Plavec, SRPED Executive Director Mark Rothert, Video Services by Joe Ginger. In the audience: Fireman Dan Neptun, Animal Control Officer Dustin Pollitt, Attorney Ihnes, Wiliam Whiteman and son, Chet Phillips, Pete Livers, Diane Carruthers, Ashley Harper, Neil & Jane Williams, Brenda Rothert, news media of John Froehling from the Ledger, and Mark Bixler from WBYS. Alderman Sarff offered to be acting chairman of the Finance Committee. Alderman Sarff relinquish the Finance meeting to Legal & Ordinance committee as several presenters were present. LEGAL & ORDINANCE – ALDERMAN DAVID NIDIFFER, CHAIRMAN Parking Lots – Paving. Keith Plavec said he had two businesses side/side. One applied for a building permit recently, the other property earlier had applied. A year goes by another building goes up. The buildings have to have paved parking lot. Commercial property has a paved lot. What is paved? I cannot answer that. The ordinance is weak in that matter. A lot of inconsistency, and the past is the past. How do you want to proceed? What does paved mean? Also, ADA requirements of so many parking spaces, also handicapped parking. Would like some direction. 1 Alderman Nidiffer commented, if the ordinances are that vague they should be amended. Alderman Sarff said that we should bring those ordinances to our next meeting. Mayor Meade asked if the current building is being expanded? th Neil Williams said that Antiques & More” is on 16 Avenue and has handicapped parking, and the parking follows the city codes. The building was built in 2001. Put up a storage building recently, and was not concerned. The new building was inspected, and I received my occupancy permit. You are looking at two separate issues. I will comply, I would like to know what I have to do, as I want to be legal. Alderman Strandberg said, should bring this to Legal & Ordinance Committee. Alderman Nidiffer commented, that Keith Plavec is doing what he should be doing. Right of Way Ordinance. City Attorney Chrissie Peterson said the ordinance would give the City some control over water and sewer contactors. Will be in final form in two weeks. Alderman Sarff ask if there were comparison of other cities our size? Not yet, Chrissie said, they are not wanting to fix to fit the municipality. th 604 North 11 Avenue – Potential Condemnation. Animal Control/Health Officer Dustin Pollitt spoke about the condition of the home. It is past the point of repair. Last August Rex Still of the Fulton County Health Department took pictures of the home. On the north side of the home the foundation fell in. There are holes in the roof which has caused water damage to the home. The home is worse now than in August of last year as the foundation has deteriorated. Alderman Strandberg commented, that raccoons are in the basement and the yard is over grown with weeds. Fire Inspector Dan Neptun visited the home on April 14, 2008 took pictures of the house. Outside he stated we looked for fire age of the structure and the type of structure. If fire happened it would cause bad exposure of the areas around the home. The roof is damaged, and the City should have the building secured as the foundation is falling in. Keith Plavec said the foundation has been looked at for some time, also the roof, and the entire house. You can see blackness and mold. Someone has done some work on the main floors and also upstairs has shown some work being done. The 2 house is beyond seeing it getting any better. There is a well on the property that is bad. And the Health Department is looking at that. Gordon Christy was at the meeting and said he was the owner of the property. Bought the home for his sister to live in. She had her ideas of the house. Granted it has problems. Want to start working on the roof. Can’t start if going to be steamed rolled. Dislike politics, as it is always number one. Sometimes it gets altered by subtracting, now you don’t have one. I am expressing dislike of this presentation. Mr. Christy said he wanted to take the responsibility back so he can work on the home. I’m asking permission to start on the roof. Alderman Sarff ask Mr. Christy if he had a structural engineer look at the house? Mr. Christy said the house was built in 1865. Alderman Sarff said he was not opposed to health department issues, weeds and tall grass, they can be taken care of. How much money do you pour into it? If we would go along with extension of time line, council may ask you for a certified professional engineer to look at the house, before we go any further. Mr. Christy said there are two lots there. There is 2,000 square feet on one floor and he is looking at $100,000 to rehab the house. Alderman Strandberg said to Mr. Christy, he understands your frustration with the City Council, but the house is a danger to the neighborhood. Alderman Nidiffer ask Alderman Sarff could send to council to extend the time line for repairs? Alderman Sarff said possible willingness to work with Mr. Christy on time frame for assessment of professional engineer to Mechanical Committee. Keith Plavec will send a letter to Mr. Christy. Mayor Meade said, he has heard of this situation before, work on agreement, some work and some don’t. The foundation is very bad. Mr. Christy said the roof is bad, he can come back in one week or the next two weeks. Alderman Berardi commented that if not back in two weeks, would recommend demolition. Mr. Christy said my most valuable possession is my word. If the roof is not fixed by winter I will demolish the house. Alderman Berardi mentioned of another residence having a garage in bad state of th repair and that it was in the 400 Block of 11 Avenue. The garage is about to fall in. Dustin Pollitt mentioned that a hole is in the foundation. Owner not taken any steps to correct, as he has put clear plastic on the roof. 3 Water Pre-Annexation with Ray & Emily Cleer. City Engineer Keith Plavec said the property is on Middle Park Road. There is no water main agreement on this lot. Any future subdivision should be reviewed to have no more problems. Outdoor Eatery Facilities. City Attorney Chrissie Peterson mentioned there could be a more formal process. She suggested a very simple permit for sidewalk eatery permit. Chrissie said she had an insurance company bringing up for safety concerns. Has to have cleanliness, and no music allowed unless approved by council. Completely removal which requires all ADA guidelines, selling of beer outside, and sidewalk use permit. Will have ordinance for next week. Alderman Nidiffer ask, can’t sell liquor on city sidewalk? Chrissie said she talked to the insurance person, and if the liquor license holder gets sued, the City will be named in the suit. We need an indemnity clause that is strong. City Attorney Chrissie Peterson mentioned that the public body is to review closed sessions. It is time to do that. Chet Phillips, member of Planning & Zoning. Chet mentioned of what he heard last week at the Council meeting. I examined your answers. You talked about U-Haul Trailers. I heard said, “because they were parked there!” Not because they are there! Petition was passed around to sway people. The owner found out not rezoned and did the right thing. Now they have to jump through hoops. Chet said, discussed at the council meeting - Alderman Berardi had said, “Were not here to solve Mr. Whiteman’s problems.” You are elected to do just that. Former Mayor Heinze had said, those U-Hauls are packed up against that house. The lawyer for Mr. Whiteman had said the property is over burden. The city attorney was trying to differentiate to let you draw your own conclusions. I totally disagree. The business is a business. How can you differentiate? I don’t see how you can now say can’t have a business there. Mr. Whiteman, “what he must be thinking!” “What a welcome back to Canton.” City Attorney Chrissie Peterson said we can spend some time researching the information on what businesses was there before. 4 Alderman Nidiffer asked if Mr. Whiteman could do the detail work? Chrissie Peterson said that would be a light non conforming use and no rezoning needs to be done. Alderman Nidiffer said the U-Haul trailers are not under conforming use? Chrissie Peterson answered, what reason are you changing your mind? Some form of business been there some length of time. Zoning Officer Keith Plavec said it has been a continued use of the property for a long time. First a gas station, they had sales and rental, and a automotive shop. It is no longer a non conforming use. William Whiteman said been sales have been there for years. Gas station sold stuff and also automotive sold car parts. He presented a petition signed of 27 names the first time, now, 18 have ask their names to be taken off the petition. Only 2 property owners are disputing. The lawyer had brought up traffic conditions. Bill said this is a main street, there will be traffic. Alderman Sarff asked Keith Plavec if other businesses on the street are zoned for business. Keith said they were. Alderman Meade asked if current U-hauls were off the site, could he keep the business there? Chrissie answered, this would still be a business run out of there, with the fiscal use of U-Haul trucks. If Whiteman runs only the car detailing, no need to rezone. It then becomes a legal non conforming use, stays in line of automotive use. William Whiteman said you don’t need another empty building! I fixed up the building when I bought it. Alderman Nidiffer said he went and looked at the property, it is very clean looking. Alderman Berardi said we have been facing zoning issues since 2002 on that property, and we are solving some of those tonight. Since we give property away, Bill you work with Mark Rothert so you can keep your business. Alderman Berardi said let’s lay over and have him come back. Alderman Sarff asked if title search has to be done? Chrissie answered, not necessarily, but should be! Alderman Sarff said that Alderman Berardi has a opinion compromise. Alderman Sarff asked, isn’t there something in between? Chrissie said not an occupancy permit even. Alderman Sarff said, we have these things all around that are not used for very strict use, and it loses its ability to be used for business. 5 Alderman Nidiffer said the Comprehensive Plan called for this as residential. Let’s reserve any further comments and save for next week’s meeting, and send on to council. William Whiteman commented that Alderman Berardi wants to come up with something, but if the property is not zoned B-2 the property is worthless. Ordinance Whiteman Rezoning 128 East Linn Street. This issue is the same as above. Liquor Ordinance for Insurance Bonds. City Attorney Chrissie Peterson said that several of the liquor license holders brought under 3-10-10 have to purchase a surety Liquor License $500 bond. She checked around and never has the city made a claim on any of those surety liquor bonds. One of the liquor license holders has ask City Clerk Nancy Whites to hold a $500 check. Chrissie said this makes good sense. Alderman Sarff said send to council. (No quorum to vote.) The Legal & Ordinance Committee & Community & Industrial Development Committee adjourned at 8:43 p.m. COMMUNITY & INDUSTRIAL DEVELOPMENT – DAVID NIDIFFER, CHAIRMAN SRPED Services Agreement. SRPED Executive Director talked about the services agreement. Budgeted is $85,000 from May 1, 2008 until April 30, 2009. 90 day termination written notice by certified mail, which shall contain the party’ intention to terminate and shall also include the effective date of such termination. If terminated, the City agrees to pay SRPED the hourly rates for all services rendered. In addition, SRPED will, within ten (10) days, return all equipment including the office furniture, computer technology and any appropriate passwords. The total budget includes both restricted and general funds as follows: FUND AMOUNT International Harvester TIF $30,000.00 Industrial Park TIF $ 5,000.00 6 Hotel/Motel Tax $ 5,000.00 General Fund $45,000.00 Mark Rothert wants $45,000 paid now as he has to pay for his employee. And the office furniture was not on loan, was given as part of agreement. Alderman Berardi ask Mark how many times Vandewalle & Associates have been here? Mark answered, once. Mark than gave his update. Sent in for ITEC of $1 million dollars, sent to IDOT. Firm up retail development possibly. Main Street program in May in Jones Park. Streetscape ongoing, finished up with design guidelines for building on square. Work Force and Family Housing in town, consider Canton great market for that. State of Illinois has Israel Manufacturing in Illinois looking at best deal can get. Still working with Kevin Williams for Big Racks Restaurant in IH site. Randolph Building ownership should be wrapped up this week end. Maid-rite on the way. Was notified Mark is now Professional Economic Developer. Upcoming date of stake holder meeting with Port Authority at the Grand Room. Will send all a notice of when. Main Street State Program will have training at Wallace Park on May 28 & 29. Alderman Berardi said he ask City Clerk Nancy Whites by the Freedom Act for copies of e-mails been sent to Vandewalle & Associates. And City Attorney Chrissie sent him that the e-mail copies are denied. What he has now are very vague and there are no names on them. I cannot track what Vandewalle & Associates are doing. They are not providing information to the City like they should. I have ask the Attorney General’s office to look at this information for those dates I have on the e-mails. Alderman Nidiffer said, it is fair to ask the City Attorney Chrissie Peterson to comment on that. Chrissie said that Alderman Berardi was not denied e-mail information. He would have to ask those who send out e-mails to Vandewalle & Associates. Alderman Berardi said he wants the city to provide the information as he requested it from the city. Chrissie said she would summarize the request. Not knowing what day they read their e-mail, I could spend hours on this. 7 Alderman Berardi said that is not his responsibility to seek the information for others. I want our city responses, and I want those people involved to response. Alderman Nidiffer ask what e-mails? Alderman Berardi said those that Chrissie sent to Keith Plavec. I go to the city clerk. Chrissie said she is not the only person on the Management Team. Alderman Berardi, I ask by city form to provide to an alderman when I made that request. I gave the form to Nancy. Chrissie said, the e-mail should have come back to you, saying you contact them. Mark Rothert said he was uncomfortable doing the summary’s from Vandewalle & Associates, and I could use my time better. Alderman Sarff said, for Mark to continue for now to do the summary’s. Billy’s Tap. City Attorney Chrissie Peterson mentioned about the structure that is being built has some concerns as what was proposed to council. The only issue is whether the structure has a floor? Alderman Nidiffer said how quick can the structure be removed? Does look different than I remember. The bigger issue, is whether it could be moved? Clif O’Brien’s memo said it would take two hours to be removed. Ashley Harper owner of Billy’s Tap said the structure is not finished yet. Alderman Sarff asked about the sidewalk that is there? City Attorney Chrissie Peterson mentioned about the planters that are there also and said we can talk about this later. The company putting in the structure mentioned that it will take a week to finish. They mentioned they were brought here to build this structure. We are building on the site of 600 square feet. A fork lift can get under and then be brought back in order to move it. It’s being built in 4 sections. Mayor Meade said don’t need approval from council as consensus meets original definition. Alderman Sarff asked if building permit needed? Keith Plavec said requires fence permit. Deck not enclosed so does not need permit. Alderman Berardi said every time someone comes here, they are told something else. Alderman Strandberg said to accept Clif O’Brien recommendation, looks good. 8 FINANCE – ALDERMAN LARRY SARFF, ACTING CHAIRMAN BILLS. Refer to council meeting. (No quorum for vote.) TREASURER’S REPORT. City Treasurer Kathy Luker mentioned that the Revenues are over the Expenditures by $457,240.36. Transferred the negative balance of the former Health Care of self funding to the Administrative Account. This is a onetime process. Refer to council. (No quorum to vote.) BUDGET REPORT. City Treasurer Kathy Luker explained the revenues are quite close. I try to be conservative. General Government at 78.9% Police 96.4% Fire 94.0% Street 96.1% Garbage 62.6% Building & Grounds 106.0% Contingency 0.0% TOTAL 92.0% Refer to council. (No quorum to vote.) ENGINE 2 NEEDS 4 TIRES FROM K.C. SALES. Assistant Chief Dick Grove said that the Canton Fie Department’s, Engine 2 rear drive tires need to be replaced. KC Sales can provide the tires at state bid. The cost of these four tires is $1,590.80. Refer to council. ( No quorum to vote.) LIGHTING UPGRADE BALLAST & LAMP SYSTEM. Assistant Chief Dick Grove said the Canton Fire Department has received notification of a grant award from Illinois Clean Energy Community Foundation. The grant in the amount of $3,635 is for updating the ballast and lamp systems within the fire department. 9 The entire cost of the materials to complete this update is $4,693.12. The installation will be completed by the Public Works Department. According to the quote from Galesburg Electric the update has the potential of saving 7,272 watts annually. This saving is based on every light burning continually. Refer to council. (No quorum to vote.) WWTP IMPROVEMENT OF SECONDARY CLARIFIER #1 FOR REHABILITATION BID TABULATION. City Engineer Keith Plavec mentioned this is for the Wastewater Treatment Plant Improvements for the West Side STP Facility Secondary Clarifier No. 1 Rehabilitation. The amount is $279,000.00. Refer to council. (No quorum to vote.) ILLINOIS ROUTE 78/9 ROADWAY & TRAFFIC SIGNAL IMPROVEMENTS. City Engineer Keith Plavec mentioned that on April 29, 2008, Public Works Director Clif O’Brien and I met with representatives from the Illinois Department of Transportation (IDOT). The meeting was set up at the request of IDOT and was concerning Illinois Route 78/9. Representatives from IDOT explained that they have compiled a list of intersections with crashed/accidents. They broke this list down further and focused on intersections that were in the top 5% for crashes. The City of Canton with the intersection of Illinois Route 78/9 was included in the top 5% list along with approximately 19 other locations in the State of Illinois. Crash date was presented from 2001 to 2007 and consisted of the following: 174 crashes 75 of the crashes resulted in injury 40% of the crashes were from turning 28% of the crashes were due to angle The major changes that are proposed include the following: *Reduction of driving lanes from five to three (new roadway profile would be th similar to 5 Avenue and what is being proposed for the Illinois Route 78 Improvements from the High School to Wal-Mart) *Proposed wider drive lanes with bike lanes on each side. *Larger radius returns *Entrance relocations/modifications 10 *Traffic signals are removed from within the intersection and located outside of the intersection of Illinois Route 78/9. The following roadway improvements are planned: ? Avenue A to First Avenue – Resurface Roadway ? First Avenue to Fifth Avenue – Microsurface ? Locust Street to Spruce Street – Microsurface The estimated construction cost for this project is $1.0 million. The City’s portion of the project would be in regards to the traffic signals at the intersection legs. IDOT representatives estimated that it could cost the City up to $12,500 to complete this work at Avenue A, First Avenue and Illinois Route 78/9. IDOT representatives stated that they would like to submit this project for federal safety funds and need to determine if the City will support the project. At this time, the project appears to easily meet the cost/benefit analysis and if supported by the City could be constructed in 2010, depending upon funding. The City of Canton is currently competing with two other communities that have preliminary planning completed by IDOT. The sooner the City of Canton is comfortable with the proposed improvements and submits a letter of support to IDOT, the greater chance the City has at obtaining funding and completing this project. Keith and Clif are in support of this project. TESKS has offered us to send the plans to them. We will do that to see if fits in their proposed plan. Refer to council. (No quorum to vote.) IMRF LOAN INFORMATION ON EARLY RETIREMENT 2002. City Treasurer Kathy Luker mentioned that the City of Canton offered an Early Retirement Incentive on June 24, 2002. This window remained open until June 24, 2003. This window offered people with 20 years of service and minimum age 50 to retire and purchase additional 5 years of service (we also enhanced their age by 5 years if needed). 11 Currently your balance due on the ERI incentive is $228,659.13. This balance of unfunded liability is charged 7.5% interest on the unpaid balance each year in January (based on December balance). Payments to IMRF ERI are incorporated in your monthly rate. Currently your monthly rate is 10.18% and of that 1.46% is for the ERI repayment. The City passed a resolution to amortise the ERI payments over 19 years and you currently have 7 years left to pay. (rates have a two year lag from the end of the ERI window.) Kathy wants to go to a financial institution to borrow to pay this off. Alderman Sarff said it sounds like a good idea. Refer to council. (No quorum to vote.) $26,430,000 GO BONDS (ALTERNATE REVENUE SOURCE) SERIES 2005. City Treasurer Kathy Luker said this is just informational. Chapman & Cutler letter states – Section 148(f) of the Internal Code of 1986 provides generally that an issuer of tax-exempt bonds must pay to the United States the excess of the amount earned on all “non purpose investments” made with “gross proceeds” of an issue of tax-exempt bonds over the amount which would have been earned if such non purpose investments had been invested at a rate equal to the yield on the issue, plus any income attributable to the Excess. Based solely on the information and assumptions referred to above, it is our opinion that the Excess on the Designated Funds during the Computation Period accrued in an amount approximately equal to $294,633.74 and that such determination has been made in accordance with Section 148(f) of the Code and the applicable regulations promulgated or proposed thereunder. However, no rebate payment is required to be made until 60 days after October 20, 2010, or is earlier, the date the Bonds are paid in full, and only to the extent that a payment is owed as of that date. The Finance Committee adjourned at 9:16 p.m. NEGOTIATIONS, GRIEVANCE & PERSONNEL – ALDERMAN LARRY SARFF, CHAIRMAN ORDINANCE FOR SALARY INCREASES FOR NON-UNION EMPLOYEES. 12 Mayor Meade said this has not been talked about. We budgeted 4% of what the salaries were previously. Next week will have an ordinance of what the increases should be. Alderman Sarff said don’t see reason for 90% increase for fire chief, which is up to same level as police chief. Had a study done before and police chief does more. Feel 4% be more in line. Alderman Berardi mentioned that he would have a rough time with these salary increases as industry only gives 3%. Not consistent straight across the board. I’m not for anyone receiving more than 4%. Alderman Sarff said the raises are to line up with union contract for Clerical workers. The department heads are not out of line where I work. Alderman Strandberg commented that the Deputy Clerk has added on new software program, taken on the Wellness Program and has done a lot with Human Resource. She has assumed more job duties. Refer to council. (No quorum to vote.) The Clerical Committee adjourned at 9:20 p.m. EXECUTIVE SESSION – NEGOTIATIONS, GRIEVANCE & PERSONNEL – PERSONNEL, FIRE AND PUBLIC WORKS CONTRACT. The Clerical Committee convened into executive session at 9:16 p.m. The Clerical Committee reconvened in open session at 10:29 p.m. Alderman Strandberg made the motion to adjourn. Was duly seconded by Alderman Nidiffer. The motion carried by voice vote, and was unanimous. ADJOURN There being no further business, Mayor Meade adjourned the meeting at 10:30 p.m. Recording Secretary, 13 Nancy Whites, City Clerk 14