City of Kewanee City Council met Dec. 19.
Here is the minutes provided by the council:
The City Council met in Council Chambers at 7:00 PM with the Mayor calling the meeting to order and the following answering to roll call:
Steve Faber Council Member
Chris Colomer Council Member
Michael Yaklich Council Member
Michael Komnick Council Member
Gary Moore Mayor
News media present was as follows:
Mike Helenthal Star Courier
Sean Kernan WKEI
The Pledge of Allegiance was said.
Mayor Moore asked for a moment of silence for our troops still fighting overseas.
Mayor Moore explained that the next items were placed on the consent agenda and were considered to be routine in nature to be passed as a whole with one vote of the Council. Mayor Moore requested that any member of the Council or the audience wishing to have an item removed from the consent agenda for individual consideration to make the request and the item would be removed and considered following the approval of the remaining consent items. The consent agenda included minutes from the December 9th, 2019 Council Meeting, payroll for the pay period ending December 7th, 2019 in the amount of $212,020.95, reports from Police and Community Development. A motion made by Council Member Colomer and seconded by Council Member Faber. Roll call showed 5 ayes, no nays. The motion passed.
Bills submitted for approval totaling $182,493.58 were approved on a motion made by Council Member Komnick and seconded by Council Member Faber. Yaklich had a question on the Viaduct status. City Manager Bradley stated that the Viaduct is now open and stated that the work is complete. Yaklich asked what the final number was and CM Bradley stated he was not sure and would get him that final number. Yaklich asked about the Demo Bid that had no bids and wanted to verify that we would have to pay and publicize this again. City Clerk Jones stated that was correct and that new Bid opening would be January 8th. Yaklich asked about the actuary that was hired for the police and fire pensions. CM Bradley stated that we do have an actuary and Nyert is the one that we went through. Yaklich wanted to know about the previous actuary and was concerned about his certification. At the time that the actuary was working for the City he was certified and when it came time to use him again we needed to look elsewhere due to his certifications be not valid. Roll call showed 5 ayes, no nays. The motion passed.
CITIZEN PARTICIPATION
Mayor Moore then asked if anyone wished to speak regarding a non-agenda item.
• Andy Koehler stepped up to say thank you to Keith for his professionalism on working with him on his building. Koehler asked if there was any grant money available to help with the roof if his neighbor bought the property? His nephew is up from Florida and here helping now. Keith stated that he would get that information to him.
NEW BUSINESS
• Presentation by Mark McKinnis in regards to the Chamber of Commerce. His main purpose was to reiterate shopping local and how important this is to keep the local businesses and the local stores here with their doors open.
• A Resolution #5195 was presented to authorize the City Manager Bradley to enter into an agreement with Michlig Energy for the Fuel bid for the City of Kewanee. Motion made by Council Member Faber and seconded made by Council Member Colomer. Faber stated he was surprised about the difference in the bids. The gas last year was $.10 more than this year. Roll call showed 5 ayes, no nays. The motion passed.
• Council Member Yaklich stated he has a point of order at this time. He stated that he spoke with the State Senator and two stated attorneys’ offices. He stated that there is an ordinance that is missing. It has the opt out ordinate and according to his information that he has received.this ordinance must be covered before moving forward. This is also the ordinance that allows the council to share their knowledge in the seminars and work studies that they have done. It gives everyone an opportunity to voice his or her decision. He recommended that we table C, D, E, F & G until the next meeting. Justin stated that he disagrees in his assessment on how it HAS to happen. If at this point any council members choose to vote no.that is opting out. That we have the ability and the right to move forward. Yaklich then stated that Justin Raver has recused himself due to him having clients that are in the market to have a dispensary. Yaklich also stated he has no confidence in the ordinances that have been prepared due to the past. Therefore, as have spoken with Senator Weaver feels the first ordinance should be opt in or opt out ordinance. Mayor Moore stated in his opinion the information that Yaklich has brought is “opinion” and that the attorney’s businesses that he represents have no bearing and that Mayor Moore stated his mind would not be changed at this point and that we will proceed. Yaklich objected.Mayor Moore indicated that the objection was duly noted.
• An Ordinance #3988 amending the municipal code imposing municipal cannabis retailer’s tax. Motion made by Council Member Komnick and seconded by Council Member Faber. Yaklich stated he objects stating that we have not said we are opting in or out. This ordinance has no validity and we should not be voting on it. Mayor Moore indicated that the objection was duly noted. Roll call showed 4 ayes, 1 nays. The motion passed.
• An Ordinance #3989 amending section 155.003 and declaring that this will be in full force. Motion made by Colomer seconded by Faber. Yaklich objects stating this is a threshold issue and this should not be discussed until an opt in or opt out. Mayor Moore indicated that the objection was duly noted. CM Bradley then stated that on October 15th 2019, this question was brought to the council members attention and at that time a question was asked of the council what their opinion was in regards to cannabis. Would the council like the CM and Attorney move forward with getting information to bring back to the council? Or was this a hard pass and no additional time or information would need to be collected. At that time, the council asked and requested that more information be gathered to make a better and educated decision. Yaklich stated that at that time that the Attorney Justin Raver put together a meeting at the High School and whether due to his personal clients or that he cannot run a meeting or tell time, that this environment turned into a bully session and council members have tried hard to be anti-bullying. The meeting that was held next where a doctor presented the negative effects of marijuana and our city manager on work time gathered information on the positives of marijuana. To him that is egregious and that the city manager was using city time and money to put together a presentation. The meeting was ran by Bi-state who promised that they would have the information from the meeting by the next day and no one has received nothing to make an educated decision. Yaklich stated he could not speak to the city attorney due to him recusing himself with conflict of interest. Yaklich stated that is why he has to go outside to get his information. Minimum set backs are 750 feet and the council was told and shown on other models the shortest distance was ranging from 250 to 1500 feet. Yaklich stated this was premature. CM Bradley stated on the bubble maps there were set backs shown that Yaklich was in accurate. A participant stepped to let the council know that this dispensary id needed. Her health is bad and the only thing that helps is Marijuana. She stated that the council should be concerned with the people in this town need this. She just wants the relief. Yaklich asked if she had a medical marijuana card. She stated no it was too expensive. Yaklich stated he empathizes with her. Mayor Moore stated this is not the time to have this argument. Mayor Moore asked for roll call. Roll call showed 4 ayes, 1 nays. The motion passed.
• An Ordinance # 3990 amending section 155.068 special use and declaring this in full force. Motion made by Faber seconded by Komnick. Yaklich stated same objection and has serious concern about the set back of 750ft and that it should be higher. Mayor Moore stated after looking at the maps he would lean more to 1000ft. Colomer agreed that the 1000 ft. might be a better fit. Komnick and Faber were content with the 750 ft. Komnick wanted to make sure we are not hurting the option on a business coming. Yaklich stated he was not an eloquent speaker, nobody disagreed. He is concerned about the children in the community. The school sent a letter from the school is not in favor. Yaklich stated he is more concerned about the kids in our community. Faber made a statement.do you really think the kids are not getting it now? Faber stated it’s not up to us to control this.it’s out there.but the parents are responsible to take care of their kids. Colomer stated he has young kids.and actually what he fears more is the prescription drugs. Drug overdose that we hear and tainted drugs are what is out there killing our youth. Komnick asked about the gas station across from the school.it sells alcohol. is that too close?. They should be treated the same way. Yaklich stated that Colorado shows that the gangs will be an issue. Yaklich stated that the gangs are already here and that years back they removed all the gangs’ symbols. This fight was a huge effort 25 years ago. Colomer stated that we are naive if we think the gangs are not here. Mayor Moore’s stated that the gangs getting better under control due to the housing getting more strict. Faber asked Chief Ainley what his thoughts are on this. Are they ready for the new law? Kewanee’s man power is on the lower side but they still hit it every day. The drugs and prescription drugs have been here for years. Colomer asked Chief the largest battle. Chief stated it was meth, and cannabis has taken a second priority. Cannabis is 2 weeks out and we have put together information to handle this. We have even went as far as sending 2 officer to phlebotomy class to help with the chain of custody. However, even in the youth, meth is that largest battle. Colomer made the point that price is an issue and with the dispensary cost, it is not a readily available to everyone. If they want weed, they will find it. Colomer stated he is scared to death for his kids but feels that his job to make sure his parenting teaches the right and wrongs. Motion was rescinded by Council Member Komnick and seconded by Faber. Council Member Colomer then made a motion to amend and change the ordinance to read 1000 ft set back. Seconded by Council Member Yaklich. Roll call shows 3 ayes and 2 Nays. To amend. Motion to approve amended Ordinance made by Council Member Colomer and seconded by Council Member Yaklich. Roll call showed 3 ayes and 2 nays. Motion passed.
• An Ordinance #3991 amending section 155.070 & 155.071 special use declaring that this be in full force. Motion made by Council Member Faber seconded by Council Member Komnick. Yaklich asked for a 1000 ft be set for set back. Colomer stated we need to be consistent and stay with 1000 ft. Faber rescinded his motion and Komnick withdrew the second. Mayor asked for a motion to amend to 1000ft set back. Motion made by Yaklich and seconded by Colomer. Roll call showed 3 ayes and 2 nays. Amended #3991 Motion made by Yaklich and seconded by Colomer. Roll call showed 3 ayes and 2 nays. Motion Passed
• An Ordinance # 3992 amending section 155.070 and 155.071 and be in full force. Motion made by Council Member Yaklich and seconded by Council Member Colomer. Yaklich asked to amend to 1000 ft as done in previous ordinances. Roll call 3 ayes and 2 nays. Amended ordinance #3992 Motion to approve made by Council Member Colomer and seconded by Council Member Yaklich. Roll call shows 3 ayes and 2 nays. Motion Passed.
• An Ordinance # 3993 Establish the annual tax levy for 2019 payable in 2020. Motion made by Colomer and seconded by Council Member Komnick. Yaklich stated we received a tentative ordinance in November and this one shows that we are jockeying accounts around to pay for the police and fire pension. Yaklich stated we are underfunding other accounts in the city. Yaklich stated that errors in accounting and projecting are being covered up. As a council, we can’t say no to this and we have no choice but we do have a choice in demanding better performance for the people that are in charge. The staff was told to get it right 3 years ago. 2 years ago we had an issue with the audit.council demanded the same thing. There are bad things and He’s airing dirty laundry tonight. We are not doing as good a job as we are supposed to. Roll call 5 ayes and no Nays. Motion passed.
COUNCIL COMMUNICATIONS:
• Council Member Faber just wanted to wish everyone a Merry Christmas
• Council Member Colomer wanted to emphasize what a big decision Cannabis has been and he has personally considered allot the last 2 weeks. This decision was not made lightly. I ran on a platform to bring new businesses to town and this is a unique business. I do have worries with my own children but I want the community to know that I listened.
• Council Member Komnick wanted to echo the same sentiment.this decision was not made on a whim. We have all put a lot of effort in to this and did our homework and I feel this is the best decision that we can make at this time. The decisions that were made tonight we have control over. Also wanted to congratulate Landon on his retirement and all the promotions and have a great holiday.
• Council Member Yaklich we received today as we sat down from the school district. Yaklich read letter aloud.
• Mayor Moore stated he has spent the last 32 years battling drugs and does not feel that the dispensaries are going to be the issue. He would like to thank everyone that attended the forums and the Salvation Army for a great concert they held. Happy Holidays.
ANNOUNCEMENTS:
Adjourn:
Motion made by Council Member Faber and seconded by Council Member Colomer. 8:29 Roll call showed 5 ayes and no nays. Motion Passed
http://cms5.revize.com/revize/kewanee/COUNCIL%20MEETING%20MINUTES%2019-24%2012-19-2019.pdf
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