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HomeMy WebLinkAbout11-18-2014 Council MinutesCity of Canton Council Meeting The Donald Edwards Way (Historic Depot) Canton 11 61520 11 -18 -2014 6:30pm A regular meeting of the Canton City Council was held on November 18, 2014 (6:30pm) in the Council Chambers, The Donald E. Edwards Way -50 North 4th Avenue, Canton, Illinois 61520. STAFF IN ATTENDANCE Mayor Jeffrey Fritz, Attorney Nancy Rabel, City Clerk Diana Pavley -Rock, Treasurer Kathy Luker, Police Chief Kent McDowell, Fire Chief Tom Shubert, Community Service Director Jason Strandberg, Comptroller Caty Campbell, WTP Superintendent Greg Pollitt, City Engineer Keith Plavec, Zoning Director John Kunski MEDIA IN ATTENDANCE: Daily Ledger, Fulton Democrat VIDEO SERVICES BY JOE GINGER PLEDGE OF ALLEGIANCE OPENED THE MEETING. INVOCATION- Alderman Gerald Ellis PUBLIC PARTICIPATION- Eric Little was at the meeting to encourage the council to enter into an agreement with ITV3. ITV3 is a sister company of Family Video. They are currently building a brand new communications networking system that will be 100% fiber optic and will provide internet, television and phone service. There is currently only one company in Canton that can provide all three services. The company that currently provides this is Comcast. Comcast has a monopoly by default. The residents in Canton need to have a choice. ITV3 has launched the fiber optic network in Morton, North Pekin, Bartonville and East Peoria. Offers are currently in place with Dunlap and Tremont. ITV3 requires between 40 -50% of households to sign up for at least one service before they begin laying the fiber optic cable. To help incentivize the residents they are offering a free 1 gigabit internet connection to the schools- which is worth over $100,000 per year. They are also offering a free 50 mbps internet connection to the library, free internet, providing networking and cable TV to all villages /cities. Benefits of ITV3 and fiber optic include: ITV3 has not raised its prices since 2009 -- where Comcast raise their prices every year. Industry statistics show that for every 1000 homes that are passed by a fiber optic network- 30 home based jobs are created. Studies have shown that fiber optic to the homes can increase housing values by as much as $5,000.00. It also makes the community a more attractive place to work, live and start a business. The approximate cost to lay the fiber optic to the City is one million dollars. In order to lay this fiber optic cable they would need 40 -50% of the households in Canton to sign up for at least one service. The request is to have the City Council pursue a franchise agreement with ITV3 so the citizens in Canton can have more of a choice. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X CONSENT AGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD NOVEMBER 4, 2014 POLICE REPORT FIRE REPORT BILL LIST The total amount of the bills being presented for payment total $615,130.31. This total reflects a final bill for 61 East Side Square power marketing. The City recently sold 61 East Side Square, so there will be no additional bills to pay for power or property taxes. TREASURER'S REPORT Page One of the Treasurer's Report reflects the co- mingled cash at $775,811.64. The unrestricted cash in the general fund is $450,662.07. The budget comparison report reflects an amount over 50% in the fund revenues because of the Ameren Franchise in the amount of $131,000.00 and the property tax money received. The City is currently at 57.4 %. This is great to be higher than the 50% average based on the number of months we are in for the fiscal year. The expenses for the month of October reflect three payrolls, administrative costs, Springbrook Costs, the generator repair and two new vehicles in the police department. The fire department had overtime costs. This caused the amount to exceed 50% YTD. The street department had operating supplies for salt for the upcoming winter season. Also reported in the street department was the street sweeping costs which caused this figure to be over 50% YTD. Building and Grounds had work completed to the elevator that raised this total. The water and sewer funds were all under 50% except for water administration- which was due to the Springbrook costs incurred during the month of October. The Treasurer's report contained information in TIF 1, TIF 2 and the bond funds. The government funds to date is at 101.83 %. This reflects that the City has received more than what was levied for taxes. TIF 1 is at 99.96% received. TIF 2 is at 88.77% received. A -Z is due for the loan payment from July 2014 - November 2014. Motion and second were made by Aldermen West / Putrich to approve the consent agenda and place it on file. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. COMMITTEE REPORTS: PUBLIC SAFETY & TRAFFIC ALDERMAN JIM NELSON, CHAIRMAN STREETS AND GARBAGE ALDERMAN DAVE PICKEL, CHAIRMAN IDOT 2015 PAPERWORK: MUNICIPAL ESTIMATE OF MAINTENANCE COSTS: FORMAL CONTRACT PROPOSAL; MAINTENANCE ENGINEERING TO BE PERFORMED BY CONSULTING ENGINEER The City will be spending a large amount of the MFT dollars next year on the 1st Avenue and the ADA ramps along with the mill and overlay. The Ash Street and 12th Avenue project is also planned for next year. Two of these projects have federal funds. Part of the work will be completed at the cemetery. The 2015 municipal estimate of maintenance costs include mill and HMA overlay, seal coat, spray patch and engineering costs. The total cost is $310,687.88. Motion and second were made by Aldermen Pickel /Jim Nelson to approve the IDOT 2015 paperwork. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. RESOLUTION FOR MAINTENANCE OF STREETS & HIGHWAYS & REQUEST FOR EXPENDITURE /AUTHORIZATION Resolution # 4090 The resolution will authorized the City of Canton to appropriate $310,000.00 of motor fuel tax funds for the purpose of maintaining streets and highways under the provisions of the Illinois Highway code from January 1, 2015 - December 31, 2015. Motion and second were made by Aldermen Pickel /Jim Nelson to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. DISCUSS AND CONSIDER THE HANDICAP PARKING ON SOUTH 1ST AVENUE The ordinance for handicap parking on South 1st Avenue was originally in the City code back in 2009 when the ordinance was passed. The Council decided later to vacate the handicap parking and remove the ordinance from the Code. Currently there are handicap parking spaces marked at this area, but there is not anything in the code to enforce it. Attorney Rabel explained that the Council would need to decide if they want to leave the handicap parking spaces and create a new ordinance to put it back in the code so it could be enforced. Motion and second were made by Aldermen Pickel /Hale to draft a new ordinance to have handicap parking on the South side of 1st Avenue. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. DISCUSS AND CONSIDER HANDICAP PARKING AT 61 EAST SIDE SQUARE Attorney Rabel explained that the current agreement with Advanced Rehab states that they would have a handicap parking space in the front of the building. Advanced Rehab has not approached the City regarding the handicap parking; however they planned to open their business by the end of the year. Discussion: Engineer Keith Plavec explained that if you have a handicap parking space in the middle of a block, the curb would need to be altered to allow access from the handicap parking space up to the sidewalk. Currently there is an ADA ramp just on the North Side of Scrapbook Dreams and the side of the Alley. Advanced Rehab also has a handicap space in their back parking lot. They currently have three handicap parking spaces in less than 200 feet. This could increase to four by utilizing an additional space in their own parking lot. Alderman Dave Pickel thought it would be best if Advanced Rehab would have the additional handicap parking space in their own parking lot. Having this space in their own lot would ensure that the space is being utilized by one of their clients. If the handicap parking space was in the front of the business, it could be utilized by anyone going to any of the businesses on the square. There was no action taken on this item. LAKE, BUILDINGS & GROUNDS ALDERMAN JOHN LOVELL, CHAIRMAN PUBLIC WORKS, WATER & SEWER ALDERMAN GERALD ELLIS, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON THE PURCHASE AND INSTALLATION OF A NEW HEATER FOR THE WTP The heater is needed in conjunction with the installation of the new lime feeder system project. The location of some of the new lime equipment will need to be kept heated because of the humidity and cold air condensation. The low proposal was in the amount of $2,300.00 which is budgeted from the water /wastewater bonding funds. Motion and second were made by Aldermen Ellis /Pickel to approve the purchase and installation of a new heater for the WTP in the amount of $2300.00 from the bond funds. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. DISCUSS UTILITY BILLING POLICY Community Service Director Jason Strandberg is continuing to work on a draft utility billing policy. As the draft policy is being prepared all suggestions and comments are being taken into consideration for the policy. A draft policy will be brought back to the next Council meeting. APPLICATION FOR PAYMENT NO 1 FOR THE WTP LIME SLAKER IMPROVEMENTS IN THE AMOUNT OF $3,505.50 This project consists of furnishing and installing the lime slaker unit, lime conveyor system, gravity diverter valve, two way adjustable flow splitter and construct an elevated walkway around the lime slaker unit. This project will provide a backup to the current lime slaker unit. The lag time for getting the equipment in is actually shorter than what was anticipated. Once the equipment is in, the installing time is not expected to be relatively short. Motion and second were made by Aldermen Ellis /Justin Nelson to approve the application for payment No 1 for the WTP lime slaker improvements in the amount of $3,505.50 from the bond funds. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. FINANCE ALDERMAN JUSTIN NELSON DISCUSS CONSIDER AND VOTE ON FIRST NONPROFIT GROUPS PROPOSAL FOR UNEMPLOYMENT INSURANCE SERVICES. Comptroller Caty Campbell explained that she is exploring the possibility of gaining information regarding the cities unemployment insurance services. A quote will be brought back to see if it will be a cost savings to the City. LEGAL AND ORDINANCE ALDERMAN CRAIG WEST DISCUSS, CONSIDER AND VOTE ON A NEW CLASS OF LICENSE FOR A WINE BAR At the last Council meeting Chris Smith was at the meeting explaining that she would like to open a wine bar on Main Street in Canton. Discussion: Alderman Pickel explained that he did not feel like Chris had a very good plan in place. Chris was not able to answer various questions regarding her business plan. A new license could be reconsidered if a solid business plan was proposed. Aldermen Jim Nelson explained that he did not feel the business could be profitable as a wine bar at the location proposed. It is Alderman Jim Nelson's belief that the intent is to have gaming machines inside the establishment. If the Council would decide to expand the license for the wine bar it is his belief that it would open the door for many other establishments to want a wine bar license and bring in additional gaming machines. Alderman Jim Nelson explained that he would strongly oppose the expansion with gaming machines. Alderman Pickel said he would see an advantage of the expanded license for a wine bar with gaming machines. Gaming machines brings a substantial profit to the community that could be used for additional sidewalk improvements. City Clerk Diana Pavley -Rock explained that she spoke to Chris Smith regarding her intentions for the wine bar. Chris stated that it is her intention to have gaming machines within the business. This item will be tabled. ENGINE BRAKING FROM SEMI TRUCKS Attorney Rabel explained that the department of transportation does not put up engine braking signs; however the City could put signs up at our expense. An estimate was received for a 30X36 inch sign at a price of $70.00 each. The City currently has a noise ordinance that could be amended to include engine braking. It was recommended to have signs at West Locust, East Linn and South 5th Avenue by Chief Kent McDowell. The unnecessary noise ordinance could be amended with (engine braking) listed. Motion and second were made by Aldermen West /Justin Nelson to purchase the three signs for the recommended areas. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. DISCUSS CONSIDER AND VOTE ON A RESOLUTION ADOPTING THE 1000 HOURLY STANDARD FOR IMRF PARTICIPATION #4091 The City previously passed a resolution allowing for a 600 hourly standard for IMRF participation. Municipalities are allowed to select between a 600 hourly standard or a 1000 hourly standard for IMRF participation. If the City hires anyone on a part-time basis and anticipates that the employee will work more than 600 hours in a 12 month period, they are required to participate in the IMRF program. The employee pays 4.5% of their gross wages and the City pays a current rate of 13.56 %. City Clerk Diana Pavley -Rock suggested raising the hourly standard from 600 hours to 1000 hours. Typically employees hired part -time receives a lower rate of pay and it could be more beneficial for them to be able to have the money on their paycheck, rather than paying into a retirement system that they may not use for long term retirement planning. The City would also benefit by not paying the employer portion for part time employees. City Treasurer Kathy Luker agreed that this would be a great cost savings for the City. Motion and second were made by Aldermen West /Pickel to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. DISCUSS CONSIDER AND VOTE ON A RESOLUTION APPROVING AN ENGAGEMENT LETTER WITH ICE MILLER LEGAL COUNSEL AND THE CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID ENGAGEMENT LETTER ON BEHALF OF THE CITY OF CANTON, ILLINOIS. The engagement letter is in connection with the issuance of certain securities in the form of bonds, the City entered into a continuing disclosure undertaking agreement. The agreements contain certain disclosure requirements of the City including- disclosure of annual financial statements which contain an update of certain information about the City and notices of the occurrence of reportable events. Discussion: Comptroller Caty Campbell explained that Ice Miller failed to complete certain filing requirements. The propose engagement letter would allow Ice Miller to complete these tasks that previously had not been completed at a fee. Alderman Tad Putrich expressed that if it was the fault of Ice Miller, they should complete the work without any additional charges. Alderman Justin Nelson asked if Comptroller Caty Campbell would feel confident in completing the duties. Caty Campbell said she would feel confident in doing so and will make sure the work is completed. No motion made. DISCUSS. CONSIDER AND VOTE ON AN ORDINANCE APPROVING AND AUTHORIZING THE SECOND AMENDMENT TO A REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON AND COOK CANTON REAL ESTATE LLC. (1St Reading) DISCUSS THE STRUCTURE AND DUTIES OF THE PLANNING AND ZONING COMMISSION Recently there has been some discussion regarding the structure and the duties of the planning and zoning commission. During the month of September there was a telecommunications tower that was brought before the planning and zoning commission that was turned down by the commission. There was some discussion by some of the Council members wanting to know how the structure works between the commission and the Council. John Kunksi (Planning and Zoning Director) explained that within the last year the Council passed an ordinance that combined the planning and zoning commission and the zoning board of appeals. The City now has what is referred to as the joint planning and zoning commission. The commission is made up of 15 members that is appointed by the Mayor and approved by the Council. Three of the members on the commission are Council members. Some of the duties served by the commission are approval of plats and subdivisions, hearings, re- zonings and annexations. The commission makes a preliminary review and then makes a recommendation to the Council. This happens on everything with the exception of variances. The final decision on variances is made by the commission. The ordinances gives criteria if a variance is acceptable or not. During the process there is an open public meeting. The public can weigh in on if they are opposed to the variance. The final decision is then left up to the planning and zoning commission. In the recent case with the cell phone tower, the current ordinance does not have a criteria. It just states that cell phone towers be in a B -2, 11, or a 12 zone district. When you go to those districts, it does not give any criteria for those types of towers. When the company came forward asking for a variance in height- the commission felt they could not make any determination because there was not anything to measure it against. The commission then came to the Council asking for a moratorium until the commission could come up with the language and the criteria to deal with the cell towers. The commission is currently working on the language and will bring it back to the Council. The Council will be able to weigh in on the ordinance and make any modifications at that time. Community Service Director Jason Strandberg explained that the commission did exactly what they were suppose to do. Zoning Director John Kunski further explained that coming to Council could cause a delay in the construction process if everyone had to come to Council. Since there is a set criteria it would not be necessary to come back to Council. If one was denied- it could be changed in the appeal process to comeback to the Council. The appeal process is currently within the circuit court process. Attorney Rabel said the Council needs to determine if the Council wants to change how the appeal process works in our ordinance system. The review act states that once a determination is made it then goes to the circuit court. Currently the process starts at the joint planning and zoning commission directly to the circuit court for appeals. If the Council wanted to change this, it could start at the joint planning and zoning commission, then go to the Council and at that point it would go to the circuit court system. This would basically create one more step internally before it was sent to the circuit court. This will be on the next council agenda for further discussion. COMMUNITY AND INDUSTRIAL DEVELOPMENT ALDERMAN TAD PUTRICH DISCUSS, CONSIDER AND VOTE ON THE SPECIAL EVENT REQUEST FOR THE SANTA PARADE AND THE SANTA HOUSE SPONSORED BY THE CANTON JUNIOR WOMEN'S CLUB A request was submitted from the Canton Junior Women's Club for the annual Santa parade and the Santa house. The Santa house will be setup on November 24, 2014 and will be located at the CEFCU parking lot until December 25, 2014. Motion and second were made by Aldermen Pickel /Justin Nelson to approve the request subject to receipt of the certificate of insurance. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. DISCUSS CONSIDER AND VOTE ON A RESOLUTION FOR TEMPORARY CLOSURE OF A STATE MAINTAINED ROADWAY FOR A PUBLIC EVENT. RESOLUTION # 4092 A resolution for temporary closure of a state maintained roadway for a public event was requested by the Canton Junior Women's club for the annual Santa parade that will be held on November 29, 2014. The closure will include route 9/78 at the intersection of East Locust Street and North First Avenue. Motion and second were made by Aldermen Justin Nelson /Hale to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. NEGOTIATIONS, GRIEVANCE & PERSONNEL ALDERWOMAN HALE COMMUNICATIONS FROM MAYOR JEFFREY FRITZ Mayor Fritz reminded everyone that Saturday, November 29, 2014 is Small Business Saturday. Everyone is encouraged to support the event while kicking off the holiday shopping season. OLD BUSINESS NEW BUSINESS ADJOURNMENT Motion and second were made by Aldermen Justin Nelson /Picket to adjourn into executive session for the purpose of: Pending litigation and business matters. 51LCS 12012 C5, C6, and C11. ROLL CALL Yes No Absent Alderman Jerry Ellis X Alderman Justin Nelson X Alderman John Lovell X Alderwoman Angela Hale X Alderman Craig West X Alderman Tad Putrich X Alderman Dave Pickel X Alderman Jim Nelson X The motion carried. Diana Pavley -Rock, City Clerk Jeffrey A. Fritz, Mayor