City of Carlyle City Council met Dec. 9.
Here is the minutes provided by the council:
The Carlyle City Council was called to order by Mayor Judy Smith, at 7:00 p.m. at the Case Halstead Library, 550 6th Street, Carlyle, IL.
The meeting opened with the Pledge of Allegiance.
Aldermen present were Kent Newkirk, Shannon Petrea, Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, and Logan Speiser.
City employees present were Mark Pingsterhaus, Andy Brackett, Dave Miller, Andy Wennerstrom, Joe Behrman, City Attorney Joe Heiligenstein, City Treasurer Chad Holthaus, and City Clerk Rita Jurgensmeyer.
Others present were Mark Hodapp, Kelly Ross, Bill Leith, Gene VanDorn, Jean VanDorn, and Mike Essington.
A motion was made by Alderman Scott Diekemper and was seconded by Alderman John Hodapp to approve the minutes from the November 25, 2019 regular meeting. The motion was unanimously approved by roll call vote. Aye: Kent Newkirk, Shannon Petrea, Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen and Logan Speiser. Nay: none.
A motion was made by Alderman Don Perez to approve the transfers from General Fund – Fund 1 to Fund 3 – Street and Alley Department for $20,000.00, Fund 4 – Police Department for $50,000.00, Fund 17 Parks for $5,000.00, Fund 18 Playground for $10,000.00, Fund 20 Library for $15,000.00 for a total of $100,000.00 The motion was seconded by Alderman John Hodapp and approved unanimously by roll call vote. Aye: Shannon Petrea, Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, Logan Speiser, and Kent Newkirk. Nay: none.
A motion was made by Alderman Don Perez to approve the treasurer’s report as presented. The motion was seconded by Alderman Scott Diekemper and was approved unanimously by roll call vote. Aye: Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, Logan Speiser, Kent Newkirk, and Shannon Petrea. Nay: none.
Alderman Don Perez made a motion to approve the payment of the claims against the City. The motion was seconded by Alderman John Hodapp. The motion was approved unanimously by roll call vote. Aye: Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, Logan Speiser, Kent Newkirk, and Shannon Petrea. Nay: none.
Alderman Don Perez made a motion to approve a purchase approval for street signs, square posts, and hardware from Newman Traffic Signs for a total of $18,180.94. The motion was seconded by Alderman John Hodapp and was approved unanimously by roll call vote. Aye: John Hodapp, Jeremy Weh, Michael Jansen, Logan Speiser, Kent Newkirk, Shannon Petrea, Scott Diekemper, and Don Perez. Voting nay none.
Shannon Petrea reported that the Citizens for Carlyle Parks thanked everyone for helping with Family Night at the Park. She said that it was a great turnout.
Behrman reported that the Water Department has a hydrant is down at 19th and Kane Streets. They are waiting on parts to repair it. They also removed a fire hydrant on the west side of the old Wal Mart, as requested by the new owners. The Street and Alley Department is still vacuuming leaves.
Mayor Judy Smith reported that the leaf vac is going to run this Saturday. They have run the last two Saturdays to help stay on top of the leaves and will run another Saturday to further help.
In public comments, Bill Leith thanked everyone that helped with the Christmas in Carlyle Parade, fireworks, and the lights in the Park. He said they have done a tremendous job.
Jean VanDorn commented that in Salem a judge spoke on the dangers of cannabis to the brain in anyone younger than 25. She would like the Council to pay attention to someone that understands the dangers of cannabis. Mayor Judy Smith responded that they did have Dr. Deanna Ducomb at the town hall meeting and that she spoke in length about the effects. Dr. Frank Buckingham also spoke concerning the danger to animals.
Mayor Judy Smith then requested everyone should take a trip to the City Park to see the lights. She complimented Kurt Sheathelm on his ideas and construction of displays at the Park.
Mayor Smith is planning on gathering the City employees responsible for the display at the Park and will have someone in a bucket truck taking a picture of them so everyone can know who does the work to put up and maintain the light display.
Mayor Judy Smith then read a proclamation for the Rotary Club in Carlyle proclaiming December 10, 2019 shall be Rotary Tree of Lights Day.
City Administrator Andy Brackett then explained that each year the Council must set the dates and times of the next year’s Council meetings.
Alderman Kent Newkirk made a motion to keep the City Council meeting dates and times the same. The motion was seconded by Alderman Don Perez and it was unanimously approved by roll call vote. Aye: Jeremy Weh, Michael Jansen, Logan Speiser, Kent Newkirk, Shannon Petrea, Scott Diekemper, Don Perez, and John Hodapp. Nay: none.
Mayor Judy Smith then spoke about a holiday light display credit program. She said that in previous years a holiday light display contest was held. The same people won every year. She felt that a $25.00 credit on customers’ utility bill would get more people to decorate than having a contest. They would have to fill out a form stating that they have at least ten strands of lights or lighted features. Mayor Smith will then check the address of anyone that has turned in a form. If the appropriate amount of lights is found, the customer will receive a $25.00 credit on their utility bill. The forms will be available at City Hall.
Alderman Michael Jansen made a motion for a $25.00 utility bill credit to anyone that has at least 10 strands of lights or lighted features. The motion was seconded by Alderman Don Perez and was approved unanimously by roll call vote. Aye: Michael Jansen, Logan Speiser, Kent Newkirk, Shannon Petrea, Scott Diekemper, Don Perez, John Hodapp, and Jeremy Weh. Nay: none.
A discussion was then held concerning business licenses. Mayor Judy Smith explained that it will be on a volunteer basis for businesses to submit their information to City Hall to be displayed on the City website. This will also be beneficial to the Police Department.
City Administrator Andy Brackett said that EDC discussed a “Find me on Fairfax” pop up shop program. He said that the Economic Development Committee has been exploring the idea of renting the property at 957 Fairfax Street to use as a Pop-Up Shop for aspiring small businesses in Carlyle. This short-term agreement would allow businesses to test their retail potential in Carlyle without taking on a large financial burden. The rental term can be anywhere between 5-60 days. The goal is to find small businesses that can be successful in downtown Carlyle and hopefully have these businesses move into an open location. Andy further explained that they are still working on some of the logistics but basically the City would be renting the property for a year and subletting it to businesses that would like to test their retail ability.
Mayor Judy Smith also explained that the owner of the building, Todd Dempsey, agreed that if it is not working out that he would let the City out of lease.
Mayor Smith said that she spoke with other municipalities that are currently doing this and that they have not had any problems.
City Attorney Joe Heiligenstein said that his biggest concern is liability, but he will check to see what will work best to protect the City.
City Administrator Andy Brackett explained some sample ordinances concerning cannabis tax and cannabis prohibition. The sample ordinances are from IML.
City Attorney Joe Heiligenstein explained that the City will need to decide on how they would like to handle the legalized cannabis in Carlyle. The options are to allow dispensaries and add up to a 3 percent tax, to prohibit any dispensaries, or to put it on the ballot for an advisory referendum.
City Attorney Joe Heiligenstein explained that the city would also have to have a zoning public hearing to amend the zoning code to allow cannabis businesses as a special use in B1, B2 and I1 districts if they will allow cannabis businesses in the City.
Alderman Logan Speiser made a motion to send this to the Zoning Board to amend the zoning code to allow cannabis businesses as a special use in B1, B2 and I1 districts. The motion was seconded by Alderman Kent Newkirk. Aye: Logan Speiser, Kent Newkirk, Shannon Petrea, Don Perez, and Jeremy Weh. Voting Nay Scott Diekemper, John Hodapp and Michael Jansen.
Attorney Joe Heiligenstein explained that the City has received some correspondence from a law firm in February 2019 concerning copyright infringement. He did reach out to them in February and did not hear from them until recently. He does believe that litigation is probable and would like a motion to go into executive session under 5 ILCS 120/2(c)(11) Litigation so the council can advise him to proceed.
At 7:38 p.m. a motion was made by Alderman Don Perez to go into executive session to discuss litigation. The motion was seconded by Alderman John Hodapp and unanimously approved by roll call vote. Aye: Kent Newkirk, Shannon Petrea, Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, and Logan Speiser. Nay: none.
At 7:45 p.m. the Council returned to open session.
Mayor Judy Smith explained that Council is going to ask City attorney Joe Heiligenstein to investigate a probable copyright infringement case.
City Attorney Joe Heiligenstein stated that it involves some images on the website.
The next item on the agenda was to cancel the second regular City Council meeting in December, but due to business that needs to be done the Council will need to hold the second December meeting.
At 7:48 p.m. Alderman Don Perez made a motion to adjourn. The motion was seconded by Alderman Scott Diekemper and was unanimously approved by roll call vote. Aye: Scott Diekemper, Don Perez, John Hodapp, Michael Jansen, Logan Speiser, Kent Newkirk, and Shannon Petrea. Nay: none.
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