City of Carlyle City Council met Nov. 12.
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.
The meeting opened with the Pledge of Allegiance.
Aldermen present were Kent Newkirk, Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, and Logan Speiser. Alderman Shannon Petrea was absent.
City employees present were Mark Pingsterhaus, Andy Brackett, Dave Miller, Andy Wennerstrom, Jeff Miller, Joe Behrman, City Attorney Joe Heiligenstein, City Treasurer Chad Holthaus and City Clerk Rita Jurgensmeyer.
present were Kelly Ross, Mark Hodapp, Eric Nave, David Koch, Timothy Bickner, and Mike Essington.
A motion was made by Alderman Scott Diekemper and was seconded by Alderman Jeremy Weh to approve the minutes from the October 28, 2019 regular meeting. The motion was unanimously approved by roll call vote. Aye: Kent Newkirk, Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, and Logan Speiser. Nay: none.
A motion was made by Alderman Don Perez and was seconded by Alderman Scott Diekemper to approve the Treasurer’s Report. The motion was unanimously approved by roll call vote. Aye: Scott Diekemper, Don Perez, John Hodapp Jeremy Weh, Michael Jansen, Logan Speiser, and Kent Newkirk. 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 Scott Diekemper. Nay: none.
Joe Behrman reported that the Street and Alley Department was supposed to start leaf vacuuming today but because of the weather they were unable to do it. He hopes to start in a couple of days after it thaws.
In public comments, Timothy Bickner spoke in favor of legalized recreational cannabis. He said that he was addicted to opioids and with the help of medical marijuana he has been clean for about seven months. He also spoke of the taxes collected stating that it will be a benefit to the City.
Mike Essington then spoke. He questioned the status of the sports complex and if the Council will decide by May. He then asked about the travel plaza and if it is going to be completed.
Mayor Judy Smith informed everyone that there will be a grand opening of the No Jack, It’s a Jill Thing Boutique on November 15th at noon. She encouraged everyone to visit the new shop.
Mayor Smith said that she talked to Jeff Taylor today and the judging of the Ugly Sweater Contest will be on December 20th.
Mayor Smith announced that the park would be lit on the Friday after Thanksgiving after the Christmas in Carlyle parade. In the following week, the park will be shut on one night for two to three hours for a videographer to come in and video the park. The date will be advertised.
Mayor Judy Smith informed the council that Wilson Lappe wants to be reappointed to the Zoning Board.
Alderman Kent Newkirk made a motion to reappoint Wilson Lappe to Zoning Board. The motion was seconded by Alderman Don Perez and was unanimously approved by roll call vote. Aye: John Hodapp, Jeremy Weh, Michael Jansen, Logan Speiser, Kent Newkirk, Scott Diekemper, and Don Perez. Nay: none.
Mayor Judy Smith stated that Duane Nordike’s term on the Zoning Board is up and she would like to replace him with Scott Rakers.
Alderman John Hodapp made a motion to appoint Scott Rakers to the Zoning Board. The motion was seconded by Alderman Scott Diekemper and was unanimously approved by roll call vote. Aye: Jeremy Weh, Michael Jansen, Logan Speiser, Kent Newkirk, Scott Diekemper, Don Perez, and John Hodapp. Nay: none.
City Administrator Andy Brackett explained that Russell Bittle would like to extend his lease for the property at 910 Franklin Street to June of 2021. Mr. Bittle is trying to get a dealer’s license and in order to do that he needs to extend his lease to June of 2021. This was discussed at the Finance Committee meeting and the Committee recommended the lease be extended.
Alderman Kent Newkirk made a motion to extend the lease with Russell Bittle for the property at 910 Franklin Street until June of 2021. The motion was seconded by Alderman Jeremy Weh and it was approved unanimously by roll call vote. Aye: Michael Jansen, Logan Speiser, Kent Newkirk, Scott Diekemper, Don Perez, John Hodapp and Jeremy Weh. Nay: none.
City Administrator Andy Brackett explained that every year after the fiscal year report is done a meeting of the TIF Joint Review Board needs to be scheduled. The meeting this year is scheduled for December 3, 2019 at 10:00 a.m. at City Hall.
A motion was made by Alderman Jeremy Weh and was seconded by Alderman John Hodapp to approve a resolution convening a meeting of the TIF Review Board on December 3, 2019. The motion was unanimously approved by roll call vote. Aye: Logan Speiser, Kent Newkirk, Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh and Michael Jansen. Nay: none.
City Administrator Andy Brackett said that at the last council meeting the terms for the TIF agreement with Gerhard Properties was brought before the Council where the terms were accepted.
Alderman Kent Newkirk made a motion to approve the ordinance authorizing a TIF financing agreement with Gerhard Properties. The motion was seconded by Alderman Don Perez and was unanimously approved by roll call vote. Aye: Kent Newkirk, Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, and Logan Speiser. Nay: none.
Mayor Judy Smith explained that in the last six months to a year discussion was held concerning work needing done on the streets at the Fish Hatchery and Krebs Hill Subdivision. City Administrator Andy Brackett said this has gone through the Street and Alley Committee. Alderman Kent Newkirk asked for clarification that this task order is just for Krebs Hill Subdivision. City Administrator Andy Brackett explained that this is just for Krebs Hill subdivision and that they have the engineering done for the Lake Vista and Valley View replacement. They will be going out for bids on that project in February of 2020. Alderman John Hodapp said they are hoping to get some state financing. They were told that state money will be released to help with one of these projects.
Alderman John Hodapp made a motion to approve the task order from H. M. & G. for work on Krebs Hill Subdivision. The motion was seconded by Alderman Jeremy Weh and was approved unanimously by roll call vote. Aye: Scott Diekemper, Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, Logan Speiser, and Kent Newkirk. Nay: none.
City Administrator Andy Brackett led the discussion and provided a Power Point on the state legalization of recreational cannabis. He explained that a month ago the Police and Employee Concerns Committees held a meeting discussing how the City would handle the legalization of recreational cannabis effective January 1, 2020. He explained what the City can and cannot do and what direction the City would like to take.
City Attorney Joe Heiligenstein said that the City should be concerned about two things. First is zoning and second the personnel manual. He also stated that the City can either pass an ordinance that prohibits facilities that sell recreational cannabis, or they can have zoning in place to allow for the dispensaries. It is his opinion that if a dispensary would want to come into the City of Carlyle it would need a special use permit. If the City does allow it, they would want to pass an ordinance for the 3 percent tax that can be added to all sales. In respect to the personnel manual recreational cannabis should be treated the same as alcohol. If you have reasonable cause that they are under the influence of cannabis, the City could require testing. He also stated that if an employee has a CDL license they are under the zero-tolerance classification. Chief of Police Mark Pingsterhaus said that a trailer bill will be voted on tomorrow and some of what has been discussed could change.
City Administrator Andy Brackett said that there are a lot of gray areas concerning the employment side. From the City side a decision must be made whether to allow recreational cannabis or not and if you do you would need to have the zoning in place. Andy Brackett also said that the Council would need to consider what they would allow in the City such as dispensaries, cultivation centers, craft growers, processors, and infusers.
City Administrator Andy Brackett said that they have another option. They can put an advisory referendum on the ballot for the next election. This would be non-binding. Alderman John Hodapp asked if this would be a cost to the City. Andy Brackett said that the only cost would be publishing it in the paper. He thought that the County may have to incur that cost. Discussion was held as to what election they would like to put it on, the spring or the fall.
Alderman Don Perez suggested a town hall meeting. Alderman Kent Newkirk said that everything he has received from residents is for it. He also stated that Carlyle is a tourist destination and it may be beneficial to the City to allow it. He pointed out that if the City controls it, the product would not have the contamination that it has on the black market.
Mayor Judy Smith said that it is going to be legal regardless if the City allows it or not and that the City would benefit from the revenue. She also said that everyone she has talked to is for it.
Alderman Kent Newkirk said he feels that the City should open it up to all avenues because in addition to the revenue, it would produce jobs.
At 7:38 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: Don Perez, John Hodapp, Jeremy Weh, Michael Jansen, Logan Speiser, Kent Newkirk, and Scott Diekemper. Nay: none.
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