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HomeMy WebLinkAbout01-05-2010 Council MinutesA regular meeting of the Canton City Council was held on January 5, 2010 in Council Chambers located at Historic Depot 50 North 4th Avenue, Canton, Illinois. PLEDGE OF ALLEGIANCE OPENED THE MEETING, FOLLOWED BY THE INVOCATION GIVEN BY CITY CLERK NANCY WHITES. Due to the absence of Mayor Kevin R. Meade the City Clerk asked for nominations of a Mayor Pro Tem. Alderman Ellis made the motion to nominate Alderman Sarff to serve as Mayor Pro Tem, and was duly seconded by Alderman Reed. The motion carried by unanimous voice vote. Mayor Pro Tem Alderman Sarff asked for roll call at 6:30 p.m. Aldermen present - Rick Reed, Eric Schenck, Craig West, Larry Sarff, Jorge Rivero, Gerald Ellis, Jim Hartford. Absent -None. Also in attendance -City Clerk Nancy Whites, City Treasurer Aaron Anderson, City Attorney Chrissie Peterson, Police Chief W. Dan Taylor, Fire Chief Bonnie Cremer, Public Works Director Cliff O'Brien, Maurer Stutz Inc - Keith Plavec, City Administrator Jim Snider, Joe Ginger Video Service. In the audience -News Media of Daily Ledger John Froehling, The Democrat Stacey Creasy, Journal Star Kevin Sampler; Kevin Wiehardt from WIRC, and 3 unidentified. CONSENT AGENDA Minutes of Council meeting held December 15, 2009 Minutes of Mechanical Committee held December 22, 2009 Alderman Hartford made the motion to accept the Consent Agenda as presented, and was duly seconded by Alderman Reed. The motion carried by unanimous voice vote. COMMITTEE REPORTS: Public Safety & Traffic -Alderman Jim Hartford 1 Council Action None. Streets & Garbage -Alderman Craig West Council Action None. Lake, Buildings & Grounds -Alderman Rick Reed Council Action None. Public Works, Water & Sewer -Alderman Gerald Ellis Cook Canton Unsuitable Soil reimbursement request Alderman Ellis made the motion to approve payment, and was duly seconded by Alderman Hartford. Discussion -Keith Plavec said this is part of the development agreement in the amount of $34,971.00. Some of this is due to the soil that has material that must be cleared away before footings were being put in. The cost to excavate the material and load into the trucks were not covered by the escrow account. These are developer related costs that are seeking reimbursement. This expense will come from the TIF Account. Roll call. AYES -Aldermen Hartford, Ellis, Rivero, Sarff, West, Schenck, Reed. NAYS -None. 7 AYES 0 NAYS 0 ABSENT. Motion carried. 61 East Side Square -Ameren/CIPS invoice for Electrical Service 59,232 36 Alderman Ellis made the motion to put the transformer on the east side of 15c Avenue rather than have the transformer on the site and, to pay Ameren/CIPS in the amount of $9,232.36, and was duly seconded by Alderman Rivero. Roll call. AYES -Aldermen Reed, Schenck, West, Sarff, Rivero, Ellis, Hartford. NAYS - None. 7 AYES, 0 NAYS, 0 ABSENT. Motion carried. 61 East Side Square -Ameren/CIPS invoice for Gas Main Services $195 00 2 Alderman Ellis made the motion to pay Ameren/CIPS invoice for a gas main at 61 East Side Square in the amount of $195.00 and paid from the TIF Account, and was duly seconded by Alderman Hartford. Roll call. AYES -Aldermen Hartford, Ellis, Rivero, Sarff, West, Schenck, Reed. NAYS -None. 7 AYES, 0 NAYS, 0 ABSENT. Motion carried. 61 East Side Square -Application for payment #3. from Leander Construction Inc. of $57,396.60. Alderman Ellis made the motion the approval of application for payment #3, from Leander Construction Inc. in the amount of $57,396.60 for 61 East Side Square, and was duly seconded by Alderman Rivero. Discussion -Keith Plavec mentioned that this payment makes the project at 24% complete. Roll call. AYES -Aldermen Reed, Schenck, West, Sarff, Rivero, Ellis, Hartford. NAYS - None. 7 AYES, 0 NAYS, 0 ABSENT. Motion carried. Proposed Radial Collector Well -Application for payment #12, from Reynolds Inc. of $459,135.00. Alderman Ellis made the motion for approval of the payment in the amount of $459,135.00 to Reynolds Inc., and was duly seconded by Alderman Hartford. Discussion -Keith Plavec explained this payment will make the project 71% complete. The contractor also received a request to extend the timeline of completion. The flooding earlier in the year forced the work back a couple of months. The new expected date of completion is May/June 2010; and paid from the Bond Account. Roll call. AYES -Aldermen Hartford, Ellis, Rivero, Sarff, West, Schenck, Reed NAYS -None. 7 AYES, 0 NAYS 0 ABSENT. Motion carried. 3~d Avenue Extension Main Work -application for pavment #1, from Laverdiere Inc. of $289,716.48. Alderman Ellis made the motion for approval of 3~d Avenue Extension Main Work application for payment #1, from Leander Construction Inc. in the amount of $289,716.48, and was duly seconded by Alderman Rivero. Discussion -The roadway as requested by Cook goes all the way to the entrance. The remaining items include sidewalks along both sides that will be finished in the spring. This will be paid for by an IDOT grant, EDA grant, and a DCEO grant. The funding will be split appropriately between the agencies to seek reimbursement. This is phase one of the project -and this is from Elm Street to 580 feet south, to meet Cook's expectation. Phase Two will run from 580 feet south to Maple Street, then 3 from Maple Street-from 3rd Avenue to 5t" Avenue. This is anticipated to be put out for bid in January. Roll call. AYES -Aldermen Reed, Schenck, West, Sarff, Rivero, Ellis Hartford. NAYS -None. 7 AYES, 0 NAYS, 0 ABSENT. Motion carried. WTP Lime Slaker -Extra Work Order 5629.62 from Bond Account. Alderman Ellis made the motion for approval of WTP Lime Slaker -Extra Work Order in the amount of $629.62, paid from Bond account and paid to Leander Construction Inc., and was duly seconded by Alderman Hartford. Discussion - Keith Plavec mentioned the paint was peeling off of the equipment. The supplier was contacted, and the items need to be re-painted. This is an extra expense that was not part of the original contract with Leander. The supplier will be contacted for reimbursement. Roll call. AYES -Aldermen Hartford, Ellis, Rivero, Sarff, West, Schenck, Reed. NAYS -None. 7 AYES, 0 NAYS 0 ABSENT. Motion carried. COMMUNCATIONS FROM THE MAYOR - Parkins Ban durine snow. Mayor Pro Tem Alderman Sarff mentioned that when the city has three inches or more of snow cars are to be cleared from parking on the streets within 12 hours. Roofine Ordinance in effect 1-1-10. Mayor Pro Tem Alderman Sarff stated that the applications can be obtained from the City Clerk's office and Maurer Stutz Inc. office. Mayor Pro Tem Alderman Sarff then read a letter on behalf of Mayor Kevin R. Meade - Dear Chamber Members, As some of you know, the City currently has a vacancy for alderman in Ward 1. In December, Dave Picket expressed his interest in filling the vacant position and 1 have discussed that possibility with him, but I have not yet appointed anyone to that position. Just after Christmas, Dave Picket received an anonymous letter that I have attached to this a-mail. As you 4 can see the letter purports to come from a group called "Citizens against Racism" but is unsigned. According to Dave, the return address was listed as City Hall. Nobody from the "Citizens against Racism" group has ever contacted me, my staff, or any other members of the City Council. Nobody from the "Citizens against Racism" group has ever requested a meeting, a discussion, or publically identified themselves as an individual concerned with issues of racism and discrimination. The fact that "Citizens against Racism" chooses to remain anonymous, uses a fake return mailing address and fails to identify any contact information to reach out to this "group" leads me to believe they are only interested in cowardly threats to groups or individuals that legally and factually have nothing to do with the EEOC claim pending against the City. To my knowledge no employee or official of the City has received this kind of letter. Since this letter was sent, 1 have received a call from Deb Sposter one of the speakers at the recent Committee meeting where the 2006 EEOC claim filed by Rusty Graham was discussed. Deb assured me that she had no knowledge of the letter and distanced herself from the threats. 1 am concerned with the tone and threats of the attached letter and wanted to make you aware of the situation in case the threats are carried out or if you receive similar letters. Although we certainly respect free speech and an individuals' right to coordinate a picket, I am concerned that our business community may wrongly be targeted for what 1 can only assume are personal vendettas against myself and Police Chief Dan Taylor. This is an unprecedented time for the business community in Canton with rebuilding and job creation. 1 want to assure the business community that we take threats against any of our business owners seriously. 1 will continue to work with you to foster growth and development and continued economic recovery in the City of Canton. With the opening of Graham Hospital's new clinic, Cook Canton and downtown revitalization, (fully expect 2010 to be a historic year for the business community and all of Canton. 5 If you have any questions or want to discuss this matter, please let me know, 1 am always willing to sit down and discuss issues affecting our community. Thanks for all you are doing to make Canton better and for your leadership in our community. Kevin R. Meade Mayor Mayor Pro Tem Alderman Sarff then read the letter received by Dave Picket. The letter is as follows: December 26, 2009 Dear Mr. Picket. This letter is to assure you that your pending appointment to the Canton City Council as an Alderman for the first ward and a confident of Jim Hartford will be contested as the first step in bringing equality to "All" the citizens of Canton. Meade doesn't need any more Hartford's. The racial confrontation regarding Dan Taylor has not yet started and you will be asked immediately what your stance is on this issue. All of the Aldermen and business people of Canton will be asked to confront the underlying problems of Kevin Meade and Dan Taylor with their lies and contradictions that have persisted since the race issue with Taylor has risen. The Citizens Group is going to picket the Aldermen's homes and businesses, their supporter's homes and businesses, to accomplish what should have been accomplished years ago. As a new appointed Alderman you will be asked to make a statement. Kevin Meade, Dan Taylor and Jim Hartford cannot wait long enough for this to go away. 6 The other Aldermen will have the same opportunity to comment on where they stand on the race issue and whether it is to a Citizens Group ar to the Media. No one is going away. Citizens against Racism. OLD BUSINESS: ORDINANCE -AMENDING THE FISCAL YEAR 2009/2010 MUNICIPAL BUDGET ESTABLISHED BY ORDINANCE 1974, AND DECLARING THAT THIS RESOLUTION SHALL BE IN FULL FORCE IMMEDIATELY. Second reading and read by title. Alderman Schenck made the motion the ordinance be placed on its passage as amended, and was duly seconded by Alderman West. (Amendment on page 4 under ESDA Salary shows amended amount as $5,500 and should be $6,000.00.) Roll call. AYES -Aldermen Reed, Schenck, West, Sarff, Rivero, Ellis, Hartford. NAYS -None. 7 AYES, 0 NAYS, 0 ABSENT. Motion carried. Ordinance being number 1199. NEW BUSINESS: AGREEMENT - WIRC TECHNICAL SERVICES AGREEMENT -CDAP HOUSING REHAB GRANT. First reading and was read by title. Alderman Schenck made the motion the agreement be adopted, and was duly seconded by Alderman Ellis. The motion carried by unanimous voice vote. Agreement being #3912. RESOLUTION -COMMITTING LOCAL FUNDS CDAP HOUSING REHAB GRANT. Alderman Reed made the motion to adopt the resolution, and was duly seconded by Alderman Schenck. Roll call. AYES -Aldermen Hartford, Ellis, Rivero, Sarff, West, Schenck, Reed. NAYS -None. 7 AYES, 0 NAYS, 0 ABSENT. Motion carried. Resolution being # 3913. RESOLUTION - OF SUPPORT CDAP HOUSING REHAB GRANT. First reading and read by title. Alderman Ellis made the motion the resolution be adopted, and was duly seconded by Alderman Reed. The motion carried by unanimous voice vote. Resolution being #3914. RESOLUTION -APPROVING THE RELEASE OF EXECUTIVE SESSION MINUTES. First reading and read by title. Alderman West made the motion the resolution be adopted, and was duly seconded by Alderman Hartford. Motion carried by unanimous voice vote. Resolution being #3915. ORDINANCE - RE-ZONING CERTAIN PROPERTY OF RHONDA WILCOX IN R-1 ZONING CONFIGURATION. First reading and read by title. Alderman Hartford made the motion to suspend the rules by passing the ordinance on first reading, and was duly seconded by Alderman Reed. Discussion -Keith said I think the main issue is the City would be fine if the property would just stay the same, and would be no problem at all about the house being zoned I-!. The problem is back again to that one case which the commission did work with this home owner to try to get them and let them rebuild on the site. But now certain banks are saying if this house burnt down and it's industrial. In their opinion they have based on one previous case. They feel that now the house went to zero value and banks are not willing to take that risk, but put out a loan and it burn's down, where is the equity? Received a note from City Clerk Nancy Whites that Rhonda is asking for her ordinance to be passed on first reading so she can sell her home, as she has a buyer. Why do we have to rezone this property? And what can we do to help the property owner? Alderman Schenck commented that R-4 zoning does not help us either. City Attorney Chrissie Peterson stated the situation the city has had on old W. Locust for many years is a good example of why single family residential in I-1 zoning are not a good mix. We have to consistently receive complaints about the property that surrounds those residential homes and eventually if we're going to start rezoning residential in the industrial zoning we may be well creating the same scenario again. You're going to have to have a owner move into a home not realizing the zoning around as industrial, which they could very well realize unsightly things you don't want to see in the back yard. Roll call. AYES -Aldermen Aldermen Reed, Schenck, West, Ellis, Hartford. NAYS - Aldermen Sarff, Rivero. 5 AYES, 2 NAYS, 0 ABSENT. Motion carried. Alderman Reed made the motion to place the ordinance on its passage, and was duly seconded by Alderman Hartford. Discussion -Alderman Schenck said he plans on voting against the ordinance as this might give them a chance to come back with something else. Roll call. AYES -Aldermen West, Ellis, Hartford. NAYS -Reed, Schenck, Sarff, Rivero. 3 AYES, 4 NAYS, 0 ABSENT. Motion defeated. 8 City Administrator 1im Snider mentioned that a check was received from Minimum/Maxi Risk Management in the amount of $70,253.37. They said they would send one and they did. EXECUTIVE SESSION - TO DISCUSS - "THE PURCHASE OF REAL PROPERTY FOR THE USE OF THE PUBLIC BODY, INCLUDING DISCUSSION OF WHETHER A PARTICULAR PARCEL SHOULD BE ACQUIRED" PURSUANT TO 5 ILCS 120/2(C)(5); AND, PENDING LITIGATION. Alderman West made the motion to go in to executive session to discuss The purchase of real property for the use of the public body, including discussion of whether a particular parcel should be acquired" pursuant to 5 ILCS 120/2(C)(5); and, Pending Litigation, and was duly seconded by Alderman Hartford. The motion carried by unanimous voice vote. The regular session of the Canton City Council convened for executive session at p.m. 7:08 p.m. The executive session adjourned in open session at p.m.7:35 p.m. ADJOURN Being no further business to conduct Alderman West made the motion to adjourn, and was duly seconded by Alderman Hartford. The motion carried by unanimous voice vote. L,, Nancy kites, City Clerk APPROVED: Larry Sarff, Alderman and Pro Tem, Mayor 9