De Immigrant Windmill

City Council Minutes January 19, 2015

JANUARY 19, 2015

Mayor Russell called the meeting to order at 5:30 PM and directed the city clerk to call the roll. On roll call Ald. Barb Mask, Gene Field, Margaret Crosthwaite, Dan Nederhoff, Sue Van Kampen, Wes Letcher and Mike Van Zuiden answered “present.” Ald. Howard Van Zuiden was absent. Also in attendance were Ed Cannon- City Administrator, Bill Shirk – City Attorney, Melissa Wiebenga- Tourism/Community Services Director, Dan Clark- Public Works Director, Clink Kettler– Zoning Officer, James Rhoades- Chief of Police, and Amanda Fosdick- City Treasurer.

The pledge of allegiance was recited. No invocation was given.

There was no communication from visitors

First on the agenda, Mayor Russell asked if there were any questions on the last regular meeting minutes or the meeting continuation minutes. Ald. Mask said that Ald. Van Zuiden should be referred to in the last regular council meeting minutes as “Mayor Pro-tem” since Mayor Russell was absent. Ald. Field motioned, seconded by Ald. Crosthwaite to approve the January 5, 2015 regular council meeting minutes and January 12, 2015 continuation meeting minutes. Roll call vote/ 7 yes, 1 absent/ motion carried.

Next Mayor Russell asked if there were any questions on the bill list. With no questions, Ald. Letcher motioned, seconded by Ald. Mike Van Zuiden to approve the bill list. Roll call vote/ 7 yes, 1 absent/ motion carried.

Then Mayor Russell asked if anyone had questions on the Treasurer’s Report. Ald. Mask asked what the $147,198 under Economic Development Fund meant. Mayor Russell explained a loan was taken out a few years ago with the intention to sell properties throughout the city. The money was to be used for studies and research in that process. Mayor Russell also commented on how the city has 6-7 months in reserves. He said the city is in good shape and will be able to invest some money into one or more Mapping project that would have a good return on investment. City Treasurer Fosdick explained the % Variance of Expenditures to Budget graph is a bit skewed because they closed a fund and added a new one. Ald. Letcher motioned, seconded by Ald. Nederhoff to approve the Treasurer’s Report. Roll call vote/ 7 yes, 1 absent/ motion carried.

Next, Goal 3 group from the Mapping Committee was invited to share their goals for Riverfront Development. The group was represented by group members: Bob Whitten, Travis Ray, and Stacy Gates. The group shared their goal statement, “Fulton’s gorgeous location on the Mississippi River has been developed into a major draw for the community. Families enjoy walks, bike rides, and picnics along the waterfront. The river itself is widely used for festivals, events, and many boaters dock near the windmill in Fulton to enjoy the city.” Possible strategies the group shared were: Riverfront amphitheater by the windmill, municipal boat dock near the windmill, a river taxi, a restaurant with access/view to the river, and festivals & events on the dike. The group is currently working with the Dutch Days Committee to have a Concert Fundraiser for the Amphitheater immediately following the Dutch Days parade.

The first item for consideration was approving Ordinance 1521. Recent changes to the Illinois Open Meetings Act require government bodies to establish written rules to allow public comment at every public meeting. This ordinance grants the City Council authority to establish or amend the rules by majority vote. Ald. Mask motioned, seconded by Ald. Crosthwaite to approve Ordinance 1521, Creating rules for Citizen Participation at Public Meetings. Roll call vote/ 7 yes, 1 absent/ motion carried.

Second, Ald. Crosthwaite motioned, seconded by Ald. Van Kampen to approve the rules for citizen participation at all Fulton Public Meetings. These rules proscribe the procedures for 3 separate times the public would be allowed to participate during meetings: 1) public comment time on agenda, 2) during discussion of an agenda time, and 3) during a public hearing. The rules will be posted in the Council Chambers and on the city website. Roll call vote/ 7 yes, 1 absent/ motion carried.

Third, Public Works Director, Dan Clark explained that a bearing failure has taken out a pump at the waste water treatment facility. Public Works received two quotes: $13,887 to replace the pump, and $8,101.53 to repair (plus freight) from Electric Pump. PW Director Clark recommends repairing the existing pump using Fund 55 (Water/Sewer Depreciation). Ald. Mask motioned, seconded by Ald. Mike Van Zuiden to approve pump repair using Fund 55. Roll call vote/ 7 yes, 1 absent/ motion carried.

Fourth, Mayor Russell asked for the Council to discuss their options in regard to the Zajicek development. Mr. Zajicek and his attorney presented modifications to the development agreement on January 5, 2015. Ald. Mask asked the three visitors what they think of the situation. All three visitors were local business owners who are neighbors to Mr. Zajicek’s building. They asked the council what their decision was. Ald. Mike Van Zuiden said he disagrees with making any changes to the agreement, Ald. Mask felt the same way. Ald. Mask said he made no attempt to come back to the Council and ask to make changes in the earlier stages and she stressed the location is especially important because of future development. Ald. Van Kampen also agreed with Ald. Mike Van Zuiden and said they should stick to the contract. Ald. Field said the whole thing has been going on too long and that they need to take action to respect the other business owners neighboring Mr. Zajicek. City Attorney Shirk advised the Council to get it on the next agenda, vote, and then give Mr. Zajicek the opportunity to remedy the building. If he is unable or unwilling to remedy the building and abide their contract then the Council does have until November 4, 2015 to buy back the property for $32,365. City Administrator Canon wanted to point out that no one ever stopped him from construction, he just stopped once he received the letter from Administrator Cannon back in August. Ald. Van Zuiden said he feels like the Council has given him nearly five months now to remedy the building, but instead has stopped construction and asked the Council to change their contract. It was also brought up that Mr. Zajicek has a large pit on his property that he was illegally dumping construction debris into. The police department sent him a letter saying it needed to be cleaned up. Visitor, Mike Ottens said the pit is a safety hazard as he’s seen kids playing near. Visitor, Randy Boonstra, asked the Council why Mr. Zajicek’s building didn’t have the same set back as the other building next to them. Mayor Russell said it wasn’t something they considered or thought they’d have to specify. He suggested the Council have some sort of rules in place for building setback for future developers. Jerry Starbuck, owner of Starbuck Machinery, is the next door neighbor to Mr. Zajicek’s property. Mr. Starbuck said he brought a plan to the council for his building and built the exact plan he showed the council. When he asked the city to buy his land he was told there would not be storage units in the Industrial Center and the building next to him has 32 garage doors on it. He asked that the Council make a decision soon. Mayor Russell thanked the visitors for coming and the Aldermen for good discussion.

As for old business, visitor Randy Boonstra asked if the agenda has been put on the website yet. Administrator Cannon said he will ask Tammy to email it to Melissa the Friday before a meeting to be posted online.

Mayor Russell reported that its time to check the city auditors. Administrator Cannon said the city has been using the same company for the last 17 years.

City Administrator Cannon had nothing to report.

PW Director Clark said they have until the end of February to get the sewer cleaning done. However they do have until June to collect surveys for the grant needed to pay for sewer repairs.

Chief of Police, Rhoades summarized his written report and also mentioned they are working together with the schools to find out a better way for traffic flow at the elementary and middle schools.

Melissa Wiebenga, Tourism/Community Services Director, reviewed upcoming events at the RFCC and also that she will be on “Paula Sands Live” next Tuesday to talk about the RFCC.

Ald. Van Kampen said they are going to proceed with getting a lease agreement with Doug and Kevin for the Marina. They have a minimal list of things they want addressed before they rent the building. Ald. Van Kampen will bring the agreement to the Council for them to review and approve.

Ald. Mask reported the Mapping Committee will have a meeting Wednesday night at the RFCC with all five goal committees. She also reported that the Drives Building Exploration group met January 9th. January 17th Dave Vogel gave a tour of the Drives building to about twenty people. She said there is a lot of interest in this project from the community. Lastly, Ald. Mask handed out forms to the Aldermen for City Administrator Cannon’s annual performance review.

Ald. Van Kampen asked PW Director Clark if the city could put gravel down on 16th Place. He explained that it’s private property and the city doesn’t maintain that road. Ald. Field suggested sending the resident a letter explaining why the city doesn’t maintain the road.

A motion was made by Ald. Mask, seconded by Ald. Nederhoff to discuss personnel. Roll call vote/ 7 yes, 1 absent / motion carried. Council went into closed session at 7:05 PM.

Ald. Mask motioned, seconded by Ald. Van Kampen to return to main session. Roll call vote/ 7 yes, 1 absent / motion carried. Council returned to main session at 7:20 PM.

Ald. Mask shared that she spoke with someone in the General Assembly and Governor Rauner doesn’t want the cultivation centers so it could be delayed. The process is complete and the decisions are made they just haven’t been released.

With no further business, Ald. Field moved, seconded by Ald. Crosthwaite to adjourn. With voice agreement, the meeting adjourned at 7:27 PM.

Minutes recorded by,

Jackie Wilkin
Fulton City Clerk