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Friday, May 17, 2024

City of Jacksonville City Council met Oct. 10

City of Jacksonville City Council met Oct. 10.

Here are the minutes provided by the council:

Members of the public have the option to attend the in-person City Council meeting or watch the live City Council meeting via live video located on the City of Jacksonville’s website www.jacksonvilleil.gov

The Jacksonville City Council Meeting was called to order at 6:40 p.m. by Mayor Andy Ezard in the Council Chambers of the Municipal Building. The meeting was publicly announced by posting and by written notice to the local newspaper and radio stations.

ROLL CALL: The following answered present: Aldermen Don Cook, Kent Hannant, Brett Henry, Joe Lockman, Lori Large Oldenettel, Alison Rubin de Celis, Aaron Scott, Darcella Speed, Mary Watts, Eren Williams; Mayor Andy Ezard; City Attorney Dan Beard; City Clerk Skip Bradshaw. A quorum was declared.

MINUTES: Motion was made by Watts, seconded by Henry, to approve the September 25, 2023 Minutes as presented in advance. By voice vote, motion carried.

PETITIONS: No discussion.

COMMUNICATIONS: No discussion.

CLAIMS: Motion was made by Oldenettel, seconded by Speed, to pay claims when funds are available. By voice vote, motion carried.

MAYOR’S REPORT: No discussion.

CITY ATTORNEY’S REPORT:

1. Second reading of an Ordinance amending the Jacksonville Municipal Code, Chapter 3 Alcoholic Beverages, Article II. Retail Sale, Division 2. Licenses, Section 3-64 Location; change of location; limitations on number issued – increase Class A, AA, B, BB, C, CC, Club and Bowling Alley licenses by one, total 48. (New application for The Corner Deli, LLC, Class A). Motion was made by Henry, seconded by Lockman, to accept the second reading of the ordinance. CA Beard read the ordinance as proposed.

2023-O-022 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an ordinance AMENDING THE JACKSONVILLE MUNICIPAL CODE, CHAPTER 3 ALCOHOLIC BEVERAGES, ARTICLE II RETAIL SALE, DIVISION 2 LICENSES, SECTION 3-64 LOCATION; CHANGE OF LOCATION; LIMITATIONS ON NUMBER ISSUED – (Increase Class A, AA, B, BB, C, CC, Club & Bowling Alley Licenses by one, total 49), is hereby approved.

Mayor Ezard asked for discussion and there was none.

ROLL CALL: 9 Yeas; 0 Nays; 1 Abstain (Hannant)

Motion carried 9-0-1.

2. Second reading of an Ordinance amending the Jacksonville Municipal Code, Chapter 3 Alcoholic Beverages, Article I. In General, Division 2. Licenses, Section 3-61 Classes, terms hours and fees. Motion was made by Williams, seconded by Henry, to accept the second reading of the ordinance. CA Beard read the ordinance as proposed.

2023-O-023 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an ordinance AMENDING THE JACKSONVILLE MUNICIPAL CODE, CHAPTER 3 ALCOHOLIC BEVERAGES, ARTICLE II. RETAIL SALE, DIVISION 2 LICENSES, SECTION 3-61 CLASSES, TERMS, HOURS AND FEES – (Removing the prohibition on grocery stores from holding Class BB licenses), is hereby approved.

This ordinance change only applies to grocery stores, it does not affect convenience stores which remain prohibited from selling alcoholic liquor.

Tradition has been that if there is a license available in a classification and it has been applied for, the Mayor has the authority to grant that license without having Council approval. County Market will be surrendering their license with the closing of their store, which Hy-Vee will be applying for. Mayor Ezard will then reissue the surrendered license to Hy-Vee. An ordinance amendment is needed if the Council wishes to review each application prior to issuing a license. The City has a maximum of 44 A through D licenses that can be issued, an additional 16 licenses available for the sale of alcohol in addition to food, and then a couple various licenses for a total of 66 licenses available. Past practice has been to eliminate tavern licenses as they are surrendered so the Council would have the opportunity to vote on any new taverns opening in town.

Several local liquor store owners spoke against this change, asking the Council to reconsider approving this request, because there are already many liquor stores available for patrons in town; allowing grocery stores to sell alcoholic liquor takes business away from independent liquor stores; and because the potential exists for independent liquor stores to close due to the loss of customers and income which will put many people out of a job. Ald. Oldenettel feels this change will happen at some point, and suggested business owners devise a plan to compensate for lost revenue as opposed to closing their stores. General discussion ensued.

Tyler Power from Hy-Vee advised that they are hoping to have the new store open by the end of October. There will be approximately 125 employees at this location, 50 full time employees which is an increase of 20 full time employees over the previous owner, and 75 part time employees which is an increase of 35 part time employees over the previous owner. He noted that over $50,000 worth of food was donated to the local food bank, and they sponsored the Fun-Fest and Oktoberfest celebrations. If this change is approved, Hy-Vee would dedicate less than 1% of their total square footage to spirits-based alcohol. He feels that by being allowed to sell alcoholic liquor, they are creating a better shopping experience, and it creates competition within the marketplace, ultimately benefiting the consumer. He thanked the Council for their consideration.

Ald. Rubin de Celis would be in favor of tabling this item for further discussion, and asked if there are any alternative solutions to this problem that would benefit everyone involved, or look at ways to support our small business owners while still welcoming these bigger operations. She is concerned that if this is opened up for Hy-Vee, it will open up the flood gates for every big box store to come to town. CA Beard explained that if this item is tabled, there can be no more discussion on the matter. There are some municipalities that have allowed grocery stores to sell alcoholic liquor based upon the size of the store. With regard to gaming as a way of increasing revenue for the individual store owners, the City does not limit the number of licenses available except for gaming parlors, which is limited to two. CA Beard suggested tailoring the requirements on gaming licenses so that the majority of income is generated from the sale of alcohol in order to reduced the number of new liquor stores that have less square footage for liquor, and then ask for gaming in order to get around the restriction for gaming parlors. It was suggested to limit the amount of dedicated floor space for all stores that sell liquor.

Ald. Oldenettel asked if the ordinance should be amended to limit the allowable square footage. CA Beard feels there is not enough information to determine what that limit would be, and suggested that if this request is approved, make an ordinance amendment at a later date once that number is determined. General discussion ensued.

Motion was made by Oldenettel, seconded by Rubin de Celis, to Table this request.

ROLL CALL: 4 Yeas (Hannant, Oldenettel, Rubin de Celis, Speed)

5 Nays (Cook, Henry, Lockman, Scott, Williams)

1 Abstain (Watts)

Motion to Table this request failed 4-5-1.

CA Beard asked the Council to determine the square footage they wish to allow so that it can be put on the October 23rd Agenda as an amendment to the ordinance. He suggested not separating beer and wine from liquor due to the difficulty in enforcing that requirement.

Mayor Ezard asked for further discussion and there was none.

ROLL CALL: 5 Yeas (Cook, Henry, Lockman, Scott, Williams)

3 Nays (Oldenettel, Rubin de Celis, Speed)

2 Abstain (Hannant, Watts)

Motion to accept the second reading of the ordinance carried 5-3-2.

CITY CLERK’S REPORT:

1. Community Development Department Report – September 30, 2023

2. City Clerk’s Cash Receipts Report – September 30, 2023

3. City Clerk’s General Fund – Budget Report – September 30, 2023

4. City Clerk’s General Fund – Revenue Analysis Report – September 30, 2023 5. Resolution authorizing the Mayor and City Clerk to sign a contract for the City of Jacksonville electric supply when the rates are best. Motion was made by Cook, seconded by Lockman, to accept the resolution. CA Beard read the resolution as proposed.

2023-R-145 Be it resolved by the City Council of the City of Jacksonville, Morgan County, Illinois, that a resolution AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A CONTRACT FOR THE CITY OF JACKSONVILLE ELECTRIC SUPPLY WHEN RATES ARE BEST – (City of Jacksonville Facilities only), is hereby approved.

Mayor Ezard asked for discussion and there was none.

ROLL CALL: 10 Yeas; 0 Nays

Motion carried 10-0.

CC Bradshaw will advise the Council of the rates when a contract has been entered into.

6. Resolution authorizing renewal of agreement with the Board of Commissioners of Morgan County regarding the Morgan County Animal Control Program. This item has been pulled from the Agenda.

PUBLIC COMMENT: No discussion.

CONSENT AGENDA

CONSENT AGENDA: (Items addressed under the Consent Agenda are routine or are brought forward at the direction of the Council and are enacted with one motion. If discussions were desired, that item would be removed from the Consent Agenda and considered separately under the Committee Reports.)

FINANCE/IT/PERSONNEL:

2023-R-147 Resolution AUTHORIZING VARIOUS PAYMENTS FROM THE CAPITAL IMPROVEMENT FUND FOR CERTAIN IMPROVEMENT PROJECTS – $75,005.34 (American Environmental - $1,390; Bio Tron - $5,571; Custom Structures, Inc. - $14,000; Hutchison Engineering – $430; Hutchison Engineering - $537.50; Hutchison Engineering - $537.50; IRC - $32,660.34; Liebold Irrigation, Inc. - $4,305; Scott Bros. Electric - $15,574)

2023-R-148 Resolution AUTHORIZING PAYMENTS FROM THE GENERAL FUND FOR SERVICES RENDERED - $5,866.05

(Bellatti, Fay, Bellatti & Beard, LLP - $4,321.05 (City Attorney); Bellatti, Fay, Bellatti & Beard, LLP - $1,545 (Administrative Adjudication – Asst. City Attorney)

PARKS & LAKES: No discussion.

PLANNING & PUBLIC WORKS:

2023-R-149 Resolution AUTHORIZING ASSIGNMENT OF LIEN TO TWO RIVERS LAND BANK (320 Farrell Street)

2023-R-150 Resolution ACCEPTING GRANT FROM THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY’S STRONG COMMUNITIES PROGRAM – ROUND 2 – ($562,000)

PUBLIC PROTECTION: No discussion.

SPECIAL STUDIES: No discussion.

UTILITY:

2023-R-151 Resolution AUTHORIZING WAIVER OF ADVERTISEMENT FOR BIDS; AND ACCEPTANCE OF PROPOSAL FROM E.L. PRUITT CO. FOR THE MANHOLE REHAB PROJECT – (No to exceed $90,699)

2023-R-152 Resolution AUTHORIZING PAYMENT TO L.W. ROULAND TRUCKING SERVICE, INC. RE: CONSTRUCTION SERVICES FOR THE RAW WATER TRANSMISSION MAIN SURGE SUPPRESSION AT RANNEY WELLS PROJECT FROM THE WATERWORKS & SEWERAGE PROJECTS FUND – (Not to exceed $270,369.18)

2023-R-153 Resolution AUTHORIZING PAYMENT TO PLOCHER CONSTRUCTION COMPANY, INC. RE: CONSTRUCTION SERVICES FOR THE WASTEWATER TREATMENT PLANT PHASE 1 IMPROVEMENTS-HEADWORKS PROJECT FROM THE WATERWORKS & SEWERAGE PROJECTS FUND – (Not to exceed $292,782.60 – Construction services rendered from September 1, 2023 through September 30, 2023)

2023-R-154 Resolution AUTHORIZING VARIOUS PAYMENTS FROM THE WATERWORKS & SEWERAGE PROJECTS FUND FOR CERTAIN IMPROVEMENT PROJECTS - $98,840.23

(Benton & Associates, Inc. - $10,325; Benton & Associates, Inc. - $6,078.60; Benton & Associates, Inc. - $12,950; Benton & Associates, Inc. - $36,575.09; Benton & Associates, Inc. - $3,778.88; Benton & Associates, Inc. - $5,840; Benton & Associates, Inc. - $6,380.16; Benton & Associates, Inc. - $1,912.50; Gano Electric - $15,000)

Motion was made by Watts, seconded by Henry, to accept the Consent Agenda. Mayor Ezard asked for discussion or if there were any additional items to be pulled from the Consent Agenda for further discussion and there were none.

ROLL CALL: 10 Yeas; 0 Nays

Motion carried 10-0.

COMMITTEE REPORTS

FINANCE/IT/PERSONNEL: No discussion.

PARKS & LAKES: No discussion.

PLANNING & PUBLIC WORKS:

1. First Reading of an Ordinance amending the Jacksonville Zoning map for property located at 1000 and 1002 Hardin Avenue from M-1 to R-3. Motion was made by Scott, seconded by Watts, to accept the first reading of the ordinance. CA Beard read the ordinance as proposed.

2023-O-024 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an Ordinance AMENDING THE JACKSONVILLE ZONING MAP FOR PROPERTY LOCATED AT 1000 AND 1002 HARDIN AVENUE FROM M-1 (Light Industrial District) to R-3 (One Family Dwelling District), is hereby approved.

Mayor Ezard asked for discussion and there was none.

ROLL CALL: 10 Yeas; 0 Nays

Motion carried 10-0.

PUBLIC PROTECTION: No discussion.

SPECIAL STUDIES: No discussion.

UTILITY: No discussion.

OLD BUSINESS: No discussion.

NEW BUSINESS: No discussion.

ADJOURNMENT: With no further discussion, motion was made by Lockman, seconded by Henry, to adjourn the meeting at 7:50 p.m.

http://cms6.revize.com/revize/jacksonvilleil/city_government/city_council/Agendas_Minutes/2023%20Minutes/Council%20Minutes%2010.10.23%20~%20Rescheduled%20from%2010.09.23.pdf

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