City Council - Regular Meeting

You got that there. You got

to run something down. I would like to call to order the Tuesday, February 17th meeting of the Danville City Council. Madam clerk, roll call to establish a quorum, please. Mayor Ricky Williams Jr. present. Vice [snorts] Mayor Eve Lewig, present. Alderman John Cooper here. Doug Arn here. Jalle Jones here. Trisha Teague present. Sher Pickering here. Rick Strie here. Mike Poor present. Mike Kaine. Barry Johnson present. Tom High Totower here. James Pashard, present. Carolyn Doy, present. Ed Butler, present. 13 present.

13 present. Um, at this time, uh, we will have the invocation led by Stephanie Spangler from the Second Church of Christ, uh, followed by the pledge of allegiance, led by Alderman DeToy. Please rise. Let's pray. Heavenly Father, we thank you tonight for these city leaders and for their dedication to service. And Lord, we ask that you would guide these council members in making good decisions tonight. Help them to listen with care, to speak with boldness and to always find common ground.

We ask for your wisdom to fill each member. Would you grant them discernment to solve problems and to distinguish right from wrong? We [snorts] ask that you would guard them from temptation and may they work together in unity to make this city a better place for all. Please guide their decisions to bring prosperity, stability, and peace to our community. In Jesus name we pray. Amen. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you. Thank you both very much. You also have before you this evening the minutes of the February 4th meeting. Is there a motion to approve those? So moved. Second. It's been moved and seconded. Any discussion or debate? All those in favor, please signify by saying I. Any oppose? Same sign. Thank you very much. You also have an agenda for this evening. Is there a motion to approve the agenda? So moved. So moved. Second. Been moved and seconded. Any discussion or debate? [snorts] Seeing none, all those in favor, please signify by saying I. I. Any oppose? Same sign.

Thank you very much. And now for my report. Uh we do not have any pro proclamations or board committee or personnel appointments this evening. Are there any reports of boards, agencies or commissions? All right. Um items of information. Um first uh a bit of uh sadness. If you could please keep corporation counsel Parker and his family in your prayers. Unfortunately, he lost his son Lucas um this past week. So uh please do remember them. and we thank our our uh our assistant corporation council Rich Dalenberg for being here with us this evening. Um a couple of other items. Um want to um to let you know that uh engineering is working on reviews of the most recent um riverfront update that we got and they'll have that for you soon. I know that you'd asked about that older woman Teague. Uh and city hall um new updates. We just got those yesterday. we need to review those and then hopefully be bringing forth some other additional items for your consideration as well. Um just wanted to also uh congratulate Miss Kelly on her new appointment to the Veterans Commission. Um hopefully that'll be a great fit for you as a veteran. I know that you can um you can understand and commiserate some of the things they go to. So wish you the best there.

Madame Clerk, at this time do we have any petitions, communications, or audience comments?

Oh, we do. When I call your name, you please come to the podium. You'll have three minutes to speak. I have Sabrina Kelly regarding community events. Good evening. Um, I just wanted to shout out to a couple of things that I've noticed that are going well in the community. Um, I [snorts] want to appreciate say thank you to Trisha Teague for her town hall. I think it was really really productive and really um a good thing to have and I think I'd like to see that continue in all wards. So I think that's really good. Thank you. Um also I really want to thank the city for helping with um the Chris rule mass transit as a person who did not have transportation for a year and a half. Chris rule mass transit is something that I used. So thank you very much. I really appreciate being able to see um you know the city come together to help all of a million county which I think is amazing. Um, I also want to shout out to the public works county or public works um committee because I saw them out there at midnight. I had an emergency in the middle of the night and I saw them out there at midnight pushing the snow a couple weeks ago. So, I wanted to say thank you for that. I also want to say thank you for um the folks showing up for uh the gun violence prevention events with the youth. uh Chief Yates, the mayor, Trisha Teague, um Ed Butler, and John Cooper. Um I will say that there are some that I consistently do not see. Um and I know that there are some that have uh family obligations and already do things in their wards as uh needed. There are some I consistently do not see though, and I would like to see more of those people come and show up for our youth because they're trying to make a difference. and we [snorts] need leaders to lead them in the right path. Um, the last thing I want to say is that uh [sighs]

while I can appreciate that other countries need our assistance such as the Dominican Republic, those same people are trying to come here to our country for assistance and we're against immigration. Well, Danville is against immigration, immigration, however that works. And uh but we can go to other communities out of the [snorts] country to help them rather than helping us here. So, um I'm not too happy about that, but uh I hope that we can see some of those things happening in Danville versus going overseas. Um also, um the last thing I meant to shout out as well was that I saw that it was the mayor's birthday and so happy belated birthday. And also, I thought it was awesome to see you out in the community for your birthday. I think that's awesome to share that uh share your birthday with the community. So, that's all I've got to say tonight. Thank you.

Thank you, Miss Kelly. Diana Schult, Danville, regarding semi-truckss. Good evening, Mayor and members of the council. I'm going to pass out either side um a picture because unfortunately there's not a screen for me to show. Okay.

Um, so I live out in uh the area near uh the Sigma facility and I'm looking for some help. Um, Alderman T has very very responsive and last fall and I know talked with uh uh Chief Yates um about uh patrolling out there near uh that facility. Um, unfortunately what happens on a very routine basis is that the semi-truckss park in the southbound lanes of County Road 2100E and they completely block the southbound lanes. Um, they do that for a number of hours um and while they're then once they're allowed to go into the facility. Additionally, some semi-drivers I guess believe that it's okay and then they block the northbound lanes. So they completely block 2100 East Road. Um, so I routinely would take Lynch Road, exit, go south, um, and then go by that facility to go home. So I'm blocked from going home. Additionally, one evening I pulled up thinking that the truck in front of me in the northbound lane would turn into the facility quickly and they didn't, and another semi pulled behind me and completely blocked me in there. Um, this has been going on, I hear, for a number of years. Um, I just moved back to the area a couple years ago. Um, I've tried to work it in a different way, but I'm really really looking for your help to try to um alleviate or eliminate this situation. Um, and and in my opinion, Sigma should help. It shouldn't be uh the police department's role to go out there and have to patrol that all the time. They should have some kind of a system where the drivers stage. I've been told it's stage over at Lynch Road um and Main Street at the truck stop there. I don't know if that's true or not. And additionally, my other concern is what if an emergency vehicle needs to get through there? Um, and I voiced that some time ago before I'd even moved back to the area. And the Lynch Fire Protection District chief at that time said he said he had given up. So, I'm back. I'm in town and I'm going to bring it up every meeting. And I'm not going to give up because it's very, very

frustrating. I don't think you'd like it if you go to go home and you couldn't get home and you got to turn around or you get blocked in by semis. So, um, I'm just looking for some help with this. Thank you very much for hearing me. Thank you. Karen Schil of Danville regarding warehouses.

Good evening, [cough] your [clears throat] honor and uh alder people. I apologize right up front. I'm between cataract surgery and an eyeglass prescription that works. So I hope I can read this [clears throat] and it's a bit stumbly. I don't know if you all saw 60 Minutes uh Sunday. They had a segment on three survivors of Mousin concentration camp. We were there last fall. We heard the story of those three babies that survived the concentration camp. Of the 90,000 people that died at Mousin, only 2,000 were Jews. In our country, we mostly think of the concentration camps were concentrating Jews and exterminating Jews. 90,000 people, 2,000 Jews. When people are dehumanized, anything is justifiable. And the Nazi concentration camps certainly demonstrated the horrors that humans can uh inflict on each other. Why is this relevant today? Customs and Border Protection is dehumanizing immigrants, legal, and those in the process of trying to become legal, people of color, and anyone who raises a concern about their tactics or criticize this administration. You've seen the brutality, you've seen the assaults, you've seen the property damage, you've seen the murders by federal agents of our citizens. There have been 20,000 plus lawsuits for unlawful behaviors. 4,400 of them have been settled and found federal officers are breaking the law. [clears throat]

There are now 68,000 men, women, and children and babies detained.

They have moldy, crappy, or no food. [laughter] They're overcrowded. They have no pe no privacy. They have inadequate sleeping facilities. staff, no access to hygiene and no medical care. People are suffering and dying. And you know that the brutality that occurs in plain sight from federal officers, you can imagine what is happening with no oversight behind closed doors. The CBP is planning 38.3 billion dollars on warehouses [clears throat] to detain more people. Even that process is fraudulent. They just bought a warehouse in Georgia for $128 million. Two years ago, the same warehouse cost 29 million. Now, I'm [clears throat] not arguing about prices. I'm telling you that I find the practice abhorrent as well as fraudulent. The for-profit companies that are running these detention centers only make money if there are people in them. You remember the poem? They came for the Jews and I didn't speak up because I wasn't Jewish and they came for the socialists and I didn't speak up because I wasn't a socialist. And when they came for me, who was left to speak? No. So, they are coming now for immigrants. We have to speak up even if we're not immigrants. They're coming for people of color. and white people need to speak up because this is not okay. Thank

Thank you, Mrs. Shield. I'm sorry your time is Yes. I want to ask you not to buy not to set sell a warehouse or a facility to use as a warehouse to federal agents in this community. Silence is consent. Thanks microphone

Deontay Brooks. Good evening. Thank y'all for listening to me this evening. Got a little bit of hair cold. Tested negative for CO, so I'm okay. [laughter] Um, I used to live on the border. Um, I used to live in Tucson, um, Arizona. The border's always been a concern, but I think we need to focus on things that are primarily Vermilion County. We need jobs. We need better education. That's what we need. I don't live on the border currently. I live in Illinois. Yes. Do we have immigrants in our communities? Yeah. Yeah. Yes, we do. And we need to make sure that they have housing. and we need to make sure they have education. That's where our focus needs to be on. We need to make sure our college is funded. We need to make sure that our schools are funded. What's going on in the border? I can't do on nothing on the federal level, but right here in Vermillion County and right here in Danville and Tilted and our surrounding areas, that's where I think I need we need to keep our focus on so we can take care of our citizens. and I'll leave y'all at that.

Thank you, Mr. Brooks. That's all I have. Thank you. Is there anyone else who wishes to address the council this evening? All right. Thank you very much. You have before you, if there be no objection, since they're pertaining to the same items, unless uh unless uh administrator Kron would advise otherwise, I would uh entertain a motion to take items 8A and 8B together. Item 8 A is an ordinance amending chapter 150.3 of city code for updates to regulations on storage container and dog kennel operator. Item 8B is an ordinance amending chapter 150.10 of city code for update of dog kennel operator and commercial vehicle definitions. Is there a motion in a second to do so? So move. Second.

It's been moved and seconded. Um administrator Kron, would you just please provide a brief overview?

Yeah. Um so these are administrative cleanup items to our zoning code. Um mostly these are problems that have arose through um the litigation pro process either at our municipal level and actually the dog breeders and kennel um amendment that you're seeing here was a um recommendation by the the animal department. one of the deputies um is having a hard time prosecuting due to the lack of clarity in our in our zoning code on kennels in in residential areas. So, they're out there. We got a complaint and this is how we were addressing it. Um the storage container um items, we had a local business that um was um truly suffering um due to the constraint of 30 days. So, we wanted to try to accommodate them to the best of our ability. Um, and with a trade-off. So, 30-day limitation increased to 90 days with a trade-off of they have to be in good condition and and appealing to the eye. Um, and then finally was for the uh definition of commercial vehicles. We have had several of these go through court, I believe, in the past year, and we wanted to become consistent with the rest of municipalities in Illinois. Our original code reads 122,000. We're proposing to bring that down to 10,000 pounds. And yeah, that that summarizes it.

Does anyone have any questions for Yes. Alderman Cooper, what do you consider a temporary storage container? Yeah. Um, so a good definition is either um the my box that you'll see around town or a shipping container is quite common. Uh something that can be temporarily moved very easily. Okay. And its primary purpose is for storage. For storage. Yes. So business can well that's

Alderman Ars mayor just uh on behalf of alderman Johnson myself would like to recognize Connie and Dale Carone the owners of my box and part of the the discussions that we had were some of the uh the things that are coming up and if anybody's done a home improvement project or anything else not much happens in 30 days when you're dealing with contractors and such. So, I appreciate everyone's consideration and and consideration of this. Thank you. Thank you, Alderman. Any further discussion or debate? Roll call vote on items 8A and B, please. Alderman Butler, yes. DTO, yes. Pashard, yes. High Tower, yes. Johnson, yes. Core, yes. Strebing,

yes. Pickering, yes. Teague, yes. Lewig, yes. Jones, yes. Orange, yes. Cooper. Yes. 13. Yes. 13. Yes. The motion carries. Uh item 8 C is an ordinance amending zoning ordinance and accompanying map for 109 South Jefferson Street. Uh is there a motion uh to uh dispense with the reading and for its approval? I'll make the motion. Second. It's been moved and seconded. Is there any discussion or debate? Yes. Alderman. [cough] Just [clears throat] a question as to why um the zoning change.

Yeah. Um, so this is a part of the Long John Silvers redevelopment and there is one final parcel that is not commercially zoned and and that is this 109 Jefferson. It is residentially zoned. Any further discussion or debate? Roll call vote, please. Alderman Deto, yes. Pashard, yes. High Totower. Johnson, yes. Poor, yes. Streing, yes. Pickering, yes. Teague, yes. Lewig, yes. Jones, yes. Arns, yes. Cooper, yes. Butler, yes. 13, yes.

13, yes. The motion carries. Item nine, approval of payrolls. You have before you the payrolls of February 6th and February 13, 2026. Is there a motion to approve those? Second. It's been moved and seconded. Is there any discussion or debate? Roll call vote, please. Alderman Pashard. Yes. High Tower, yes. Johnson, yes. Streing, yes. Poor, yes. Pickering, yes. Teague, yes. Lewig, yes. Jones, yes. Arnes, yes. Cooper, yes. Butler, yes. Toy, yes. 13, yes.

13, yes. The motion carries. You also have before you the vouchers payable. Is there a motion to approve those for February 10th and February 17th, 2026? So moved. Second. [snorts] Any discussion or debate? Roll call vote, please. Alderman High Totower, yes. Johnson, yes. Poor, yes. Streing, yes. Pickering, yes. Teague, yes. Lewig, yes. Jones, yes. Arn, yes. Cooper, yes. Butler, yes. Detoy, yes. Pashard, yes. 13. Yes. 13. Yes. The motion carries. At this time, we will uh receive our public works committee report. Chairman Poor.

Thank you, Mayor. [cough] [clears throat] Uh there's no objection like to take 11 A and B together. They both deal with the recent acquisition of um the Danville rural transit buses and B is a agreement for maintaining those buses. So if there's no objection move and ask for approval. No need a second. Second. Questions. Roll call, please. Alderman Johnson. Yes. Poor. Yes. Streing. Yes. Pickering. Yes. Teague. Yes. Ledwig. Yes. [clears throat] Jones. Yes. Arn. Yes. Cooper. Yes. Butler. Yes. Detoy. Yes. Pashard.

Yes. High Tower. Yes. 13. Yes. 13. Yes. Thank you. 11 C is an ordinance authorizing the purchase of real property and amending the fiscal year 2526 fund 310 budget. Move to Spence. Read and ask for approval. I need a second. Second questions. Alderman Arts, [clears throat] maybe it was touched on. I missed it. Uh missed a meeting with public works. Why Why are we buying the vacant lots? Understand the houses.

Yeah. Um the vacant lots most a good majority of them are covered in on within a a block or two block area of the East Main Street corridor. So following the East Main Street corridor plan and trying to keep the area cleaned up and so most of them others um the the sporadic addresses that aren't within the block or two radius are areas where we're seeking either redevelopment or um you infrastructure reduction. Other questions? Orderman Cooper?

And probably a lot of these gonna have to be demoed anyway, I'm sure. Um, is that going to affect what's currently on the list be demoed? Uh, it isn't pushing any of them back. No. Um, most of the demo lists that you'll currently see are condemnation orders. This is, uh, essentially refilling the hopper for the CDBG grant fund. um they need to be city-owned to utilize those dollars. Most of these will qualify for that grant to be demolished. [clears throat] So, no, it will not impact at all the current demolition list. Anyone else? Roll call, please. On 11 C. Alderman Strebing, yes. Pickering, yes.

Teague, yes. Lewig, yes. Jones, yes. Arns, yes. Cooper, yes. Butler, yes. Doy, yes. Fashard, yes. High Tower, yes. Johnson, yes. Poor, yes. 13, yes. 13, yes. Thank you. 11D is a resolution approving an agreement between the city of Danville and Refford Properties LLC. Move to dispense read and ask for your approval. Need a second. Second. Okay. Albert Cooper,

what happened? um out of the sensitive nature of it, I I won't be able to disclose um the finer details, but the current uh developer of the homes was unable to com complete the the buildout of the homes where as you see them sitting now is as far as he was able to take them in his current current circumstances. So, we worked hard with all parties um involved and were able to find a local contractor which is Reffit Properties or Reffit Construction and it is their intent to finish them out all of the way.

And Alderman Cooper, uh they're the ones who constructed the building for us at Friendlytown and uh also um they have a have a strong reputation in the county um for getting things done. Alderman Bernards.

Um, and I anticipated that somewhat. Uh, I guess the the question is is there another agreement that has been approved somewhere else between those parties? Because I guess my question is is are we certain there's no way leans can be placed against these? And I guess I was hoping for some different language. It looks pretty much like the same agreement with the other groups. It seems like we should update it to reflect there's four structures that are already at a certain state. It can't go backwards. It has to go forwards. It just seems like there's some things there that for protection and due diligence.

Yeah. Um and I don't know if assistant corporation council can help me out here. He helped me review on on the transferability of this. Um

is there it contains this? [clears throat] it, Alderman, it has the same u protections against those things that it did with the original developer. And as for your question about a an agreement between the prior developer and the the one who's seeking to take this over, I can't really speak to it, but I think there's probably a court watching over any transfer of assets or liabilities between the two parties. So, I don't think that should be any sort of issue. But again, speaking to the as to whether leans can be placed on the property, I don't I don't think that should be a problem. That's all covered in the contract as it was originally drafted and the the new uh developer is just stepping into the old developer shoes.

I would also note that one of them is under one of the houses is actually under contract and another one is on contingency. [clears throat] Well, I just want to make sure that if there is obviously there's some type of agreement between those two parties and someone has taken over someone else's assets

and not seeing that and not knowing that both of those parties have signed off on our transferring our rights. I just want to make sure that if something happens uh because the language in this agreement suggests that we will make them whole if there is some other problem and I don't want a lean holder or someone else out there. I saw the ability to transfer that not being able to transfer this agreement to another party without our permission. I understand that. Uh, but I think it's a unique situation that we've got homes that are in some stage of construction and I certainly wouldn't want someone to to be able to come in and I'm not suggesting this firm would do that. I don't mean that in any way. No one knows what the future holds. And if there's a lean holder or someone else, whoever, wherever those supplies came from, have not been paid,

these are not public properties in the sense that they can be exempt from leans because they're not for a public purpose and it's not our money. So, I don't know any legal way anyone could stop an individual from placing a lean on these properties if that's where the lumber was bought and used. So, I would [cough] hope that we would [clears throat] at least have lean waiverss from all of their suppliers up to this point and some kind of an agreement between those two parties as to how that is and and if there's a third party mortgage holder or other third party money or court I would think that would be recognized as part of the agreement.

So, I just I don't know how big of a hurry this is to get it pushed through. I understand they've been sitting for a little bit. Unfortunately, it's not the best construction season right now, but it just seems like with these already in process, you know, our our own document references two houses. There's already four there. And they all four have to get done. Yeah. And so that that was my question.

Yep. And it's it's very valid. Um we've been working through that exact thing on this. Now, I know it doesn't say it in this contractually right here. Um and I won't speak for the developer that this would be transferring to. I don't think he would have an issue of signing some legal language of transfer is null and void if there are any leans that come up in the title search. But I will tell you for comfort tonight is that the lean waiverss have been signed over on this on the these four properties. So you'll have comfort knowing that. Um I don't know if you can put it in tonight that there can be language added to this contract in regards to these lean waiverss. I don't know if that's feasible. Um,

well, if we have the lean waivers, I mean, I think that would satis that satisfy. Honestly, I'm not an attorney, so I I you know, lean waiverss are good for materials, that's great. But if there was labor involved, I I just don't know enough about it to offer an intelligent thought. I just I've seen messes come from when these get moved and and everything hasn't been Yeah. clarified. We all want to see see the same end result. No question. It It is unfortunate. He mentioned timeline. Um, after consideration tonight, they were they were intending to close on this. I just want to make that transparently known.

And and for clarification, close on what? Uh, the acquisition of the four homes from the other party. Correct. With with the knowledge that we have the lean waiverss, I would recommend that we that we move forward. That's a vote. chairman if if acceptable. Do we know how much those total? Do we have an amount? No, I can't I don't have that tonight. No,

there is a motion and a second on the floor. Also something could go wrong in a transfer or what have you. I I just I just know there's four partially finished buildings there and unfortunately we've seen when sometimes when buildings change hands and I do not have any concern with this entity but if someone gets in there and steals everything and there happened to be a lean on something we weren't aware of and that's was there an affidavit sign that that was in total all leans that could exist?

No. Well, the bottom line is the city has protection either way it goes if we if they don't fulfill the obligations and the property returns to us if we so choose to take it. So, I mean there's there's that which also protects the city of Danville as well. Does it with the language in the end where we will cure and remedy any title issues because that's what this would be was it? They said we would cure an we cured and remediating tiny tiny issues before we transferred the property over to them. That's what I'm saying is we can't cure an issue we didn't create.

Well, the the contract also says that the developer agrees to indemnify the city and hold them harmless from any sort of malfeasants basically. And and this new developer would be stepping into the contract and taking over that obligation. T I think that Alderman Arns um does present some valid questions in my question. I think actually it's probably for Alderman Arns. What would make [clears throat] what would make this um I I don't want to say make you comfortable, but I can't come up with better language. Um

I I guess what I would have hoped for was something where they have acknowledged to us in writing that they are aware of all factors and agree and accept those. the the new developer the new developer

and I don't know how stuff was paid for I don't know if all everything you see down there has already been paid for and we have all the lean waiverss like I said if there was something [clears throat] of an affidavit that stated there can be no existence of other lean waiverss because we haven't used any other suppliers or no other vendors then it would seem that aspect of its The things that Alderman Arns has brought up do give me pause. Um, again, I also concur with him. I'm not an attorney, so I don't know what the remedy is or would be or should be. Um, [snorts] where did you see the language on the two houses? I've been looking for that.

That's the uh in the first where's Okay. So, not in the actual contract, but in the act in the recollection. Oh, you're you're correct. Yeah.

Okay. Um, so yeah, I can concur that there's the things that he brought that uh Alderman Arn brought up does cause me um some discomfort, but I do not know what I cannot suggest um a resolution that that would make me more comfortable. I don't have any suggestions there on language. [snorts] I remember.

Yes. also concurred with uh you know with Doug too and within the language if it doesn't fall through and then we retrieve the homes and then there is a a lean or a lawsuit uh in dealing with workers or or dealing with uh the materials will we be liable [snorts] for that as well? No.

Is this incorporation? No, no, it it would have to be by the city's choice to recapture the property. So, we wouldn't be recapturing a property with a lean on it at that time. Now, we would still have the headache of of having homes that are not finished, but we would likely still have that regardless in this in this situation. No, the city would not be liable for taking a property and having a lean that had has a lean filed against it. But for if I can or chairman, I'm sorry. Uh but for clarification, if if there's a lean on it from a prior owner when we go to transfer it, we don't have a clean title. Correct. Yeah. Then we have we do we

and then we have to cure that. Yeah. Now, that doesn't mean we have to pay it. But if the first party's not willing to pay it, somebody's got to clean it. Yeah. Or or it stays as [clears throat] an unproductive property. Correct. Cooper, after hearing the concerns, Logan, I mean, what's your suggestion? You deal with this a lot. What would you do to remedy remedy this?

I would I would rely on our corporation council. Um, I believe that he feels comfortable proceeding with limited liability. Um, I think if you're asking for my opinion, which I believe you have, is is what I just stated is if these homes do not truly get completed, we have a problem regardless. Um, we have four freshly constructed homes that are sitting vacant. Now, they will go through the um the the uh lean and tax cleaning process like all of our unproductive properties in the city of Danville through the Vermillion County trustee process unless those taxes are redeemed by somebody else. So, they will get cleaned eventually. It just takes years like all the rest of the unproductive properties. It takes four years for that to happen. What if we tabled this for two weeks? Would that what would would that kill it or

Yeah, that that would be detrimental to the project. They're wanting to kill it. Yeah, they're wanting to to to finish this acquisition by hopefully this Friday.

And then my understanding just in the language that if there is a title issue then the city bears the cost of cleaning the titles. Correct. The am I misunderstanding what 4B says? The city shall provide the developer with title commitments issued by a recognized title company within Verman County and the city shall bear all cost of issuing each such title commitment. So that was on the initial assistant corporation council. You're going to say something. No, I was going to wait until Oh, sorry. Yeah. Sorry. That was on the initial transfer and I would I would shoot it to you.

Look at it. Look at it this way. If there are leans to be put on that property, they're going to go on there regardless of how you vote tonight, one way or the other. You've got a developer that's ready to take it over and finish out the project. And the end goal for that developer is to sell those property to someone else. They will not be able to transfer those properties to anyone else without those leans being paid one way or the other. So, that's not going to get sent back down to the city. If it comes to where those leans are causing us problems again, which I I don't anticipate, then we've got there's some other problem that's that's compounding there as well.

So eventually those if there are leans, they'll get taken care of by either a bonafide purchaser of of the property once it's completed or by the developer themselves because they're going to want to make that property uh marketable with free free and clear title.

Section So section B says the city shall convey all parcels of this agreement by quick claim deed free and clear of any leans and encumbrances. To the extent any such leans or encumbrances exist on any one or more of said parcels, the city shall at its cost and expense take such actions as are necessary in order to remove any such leans or encumbrances. So understanding what you just said that if somebody decides to put a lean on the property then those leans will get cured. But if but the language here that goes to the developer says that it's our responsibility and it's our cost and not the cost and that the money is not coming from the sale because that's what the language of our contract says. So what would keep the developer from saying that it's our responsibility if there is a lean especially since that's our contract

that's how I interpreted it as well concern and then it goes on to give 45 days and 21 days in terms of resolutions. This is in D city obligations item number four be um well there's two B's. It's the second B. [sighs] So the first thing that I read was in the first B and then the second thing I read was in the second B. Logan, am I correct? Th those parcels have already been conveyed to the developer.

Correct. All of this language was to deal with any leans or incumbrances that were on the property when they were in the city's possession. They are no longer in the city's possession. Correct. They are in the possession of the developers. Yes. So all of that language doesn't apply anymore because all of that has already been done as part of the city's obligations. All arms. If they've been already conveyed to the existing developer, we need to take any action the original. We have a clause. Yeah, we have a clause in the prior redevelopment agreement that states it cannot be conveyed without city approval.

If you've already conveyed it, there's nothing that's no longer relevant. I'll reread it. It's It says that if they try to convey it to anyone else that we have to approve it. either they have to fulfill the obligation or we if they want to convey it to someone else alderman then we have then you have to approve it that's why that's why it's coming before you this evening ha um under assignment

and I and and that's understandable but I would think the agreement would read differently and we would have removed these responsibilities of us correcting titles and that would be the sole responsibility of the existing developer we're simply approving the fact that they've changed ownership because if we've already conveyed it to the other owner, we should not be incurring liability with the new owner. Well, the assignment of the contract is the contract as a whole. Those other those other parts were already in there, but they've become moot now. I mean, you're correct. We could have taken those those out, but it it shouldn't make any difference in the overall

assistant corporation council. What could we we could actually someone could make an amendment to strike that provision from the contract and then if it's seconded we could amend the contra amend it and then approve it as amended so that that is not that language isn't there anymore. I don't I don't think that would change any of the the rest of the contract Logan. Oh yeah I'll take his advice on this one. Okay, holds. I'm not opposed to that. No, I mean, do you want amend do you want to make feels that is adequate? I'm I'm still somewhat concerned, but I I'm not I I recognize we all want the thing to move forward and get fixed.

Those paragraphs I if they were removed since those were city's um obligations prior to the transfer to the developer originally and we've already done that. I don't think we've got any further obligations underneath those particular paragraphs because it it does say in that it's obligations regarding parcels, right? The parcels already been transferred. So,

correct. I would so move to amend uh the agreement to strike all references to city responsibilities as it relates to curing any leans or insufficient title. Second. And so that would be under F. B. In the events of default where it eliminates by the city, right? Yes, I defer to council. Okay. I mean, I was just

we if just the way that Alderman Arin's motioned it, that would remove it from anywhere. So, if if it happens to be in any other location, it would be removed, too. So, I think that the the motion Okay. has been the motion has been made to amend 11D striking any responsibility of the city um in the language of the of the new contract been moved and seconded. Um need a roll call please. Just for clarity this is on the amendment to strike strike those only. It's not for the total agreement. Alderman Butler. Yes. Detoy. [sighs] Yes. Pashard.

Yes. High Tower. Yes. Johnson. Yes. Okaane. Poor. Yes. Streing. Yes. Pickering. Yes. Teague. Yes. Lewig. Yes. Jones. Yes. Arnes. Yes. Cooper. Yes. 13. Yes. 13. Yes. The amendment passes. We'll now vote on 11D amended. I need a um Do we need a motion to second? No. Uh roll call, please. Alderman Pickering, yes. Teague, yes. Ledwig, yes. Jones, yes. Arns, yes. Cooper, yes. Butler, yes. The Toy? Yes. Pashard? Yes. High Tower? Yes. Johnson? Yes. Yes.

Streing? Yes. 13? Yes. 13? Yes. Thank you. 11E is a resolution approving a supplemental resolution appropriating MFD funds. Move dispenser reading and ask for your approval. Need a second. Second. Questions. Okay. Roll call, please. Alderman Teague, yes. Lewig, yes. Jones, yes. Arns, yes. Cooper, yes. Butler, yes. Detoy, yes. Pashard, yes. High Tower, yes. Johnson, yes. Poor yes. Streing. Yes. Pickering. Yes. 13. Yes. 13. Yes. Thank you. Uh mayor, uh there are no items of information. So that concludes our report.

Thank you, Chairman Poor. At this time, we will receive our public services committee report. Chairman Streaming. Oh, glad to be back. Glad to have you back. Uh don't really have anything for tonight except uh February 24th, we will meet here in these chambers at 6 PM. I don't know if anybody from the committee has any items from information or do you have anything for us this evening dear? No, nothing. Okay. Any information? That concludes our report. Mayor, thank you, Chairman Shing. Um, any items of information for the good of the cause?

Yes, Alderman Teague. Um, I just want to um comment on Miss Schult um the situation that she brought up as it relates to the trucks and um Sigma. Um last fall when she initially contacted me, I was in regular communication with Chief Yates on this issue. Um um and it was it went on for quite some time and I know Chief Yates did take action on multiple occasions um to resolve this and we thought it was resolved but obviously it's not complete or it's it's back. Um, but there were multiple times when um either I heard from her or I just drove out there myself. And I know that's always um the pattern that I had seen was it's always after a specific time of day. Um I can't remember now cuz it's it's been a while. I can't remember the the time, but there were times that I would leave here, leave a meeting, and then drive out there to see if there were trucks um parked. Um and so and I know that I went out there at least four, five, six times um just to spot check. And then there were times that I was immediately like texting chief and safely pulled over on the side of the road texting chief [laughter] from the car pictures of of what I saw. So this is a major concern and my and also my understanding from I believe it was from Chief Yates was that there have already been instances where emergency responders could not get through because the road had been blocked. So it's not just speculation that there could be a instance that has already occurred. Um and so it's definitely an issue worth resolving and I look forward to hearing whatever the resolution is. um

for once and for all. Thank you chief and I will reach out and we'll if I may on that chief

this is this is a continual maintenance issue. A lot of the problems are I was under I had the belief that many of these drivers are the same drivers uh that this is within a regular route after we escalated that all the way up to I believe the site manager um and we've had problems with you know one time is a dispatch issue is a me messaging issue we take enforcement action it clears it up for a bit it's just a constant maintenance that we have to maintain while the conversation was there's no doubt in my mind that it's not uh legitimately going on right now while she was speaking in front of uh y'all in public comment you know I sent out a email to our command staff we're going to have to address this again report back to me by such and such date with with where we're at so I get it I understand it uh it's not something that you give up on and I guess it's just constantly you just maintain it just like anything else because you're constantly having a new rotation of drivers, you're having new rotation of dispatchers, you're have new rotation of, you know, maybe uh supervisors. So, it's just a constant maintenance that we have to maintain.

And I'll also add there there is clear signage on both sides of the road. So, it's not that putting signs up or something like that would resolve this issue because the signage is already present.

Absolutely right. I I can attest that we put signs up at least three or four times. This has been going on for 15 to 20 years. Uh, one thing that I I would suggest perhaps engineering take a look at. I I could never get agreement in that realm, but it'd be a lot better for everybody if we would just let them stage on the main drag and not let them turn the corner and get onto the south road. You know, there's some areas where there's pulloffs where it was designed for new entrances and things of that nature. My history was it was typically 10 to 15 trucks and there's space out there to stage them where you still have turning lanes and other things to get them by, but then if they turn that corner and go to the road south, they should get nailed with tickets. And we put signs up and the signs would get torn down. So, I mean, this this dance been going on for 15 plus years. Thank you. Um to Yes, I'll

I know for a fact this was addressed about three three and a half years ago. Uh there were a lot of trucks parked all up and down there throwing their garbage out and doing all kinds of things and um I I know our department was on it and and uh it's just an ongoing thing that's I don't I'm not sure there really is a good solution because of changes of people and and people who uh drive. It's um it's it's a it's a dangerous situation and um I know those who uh work at uh Fibertch, well, it was Fibert. Um would have a hard time getting to work and um I I know that uh Chief was on that and uh I'm sure that's about the time all the signs went up and uh it seemed like it got better.

Didn't you think, Chief? for a while it got it got better and you know and I I did the same thing drive drive drive out of an evening to see and there was a lot more than 10 or 15 trucks there was you know they'd be sleeping there you know so it is a situation that needs to be solved but I'm not real sure if it's solvable we'll find a way we'll find a way any other items

I had one I know some times ago I brought up an issue about my concern of having invocations at this meeting but not having them at other meetings. I've not heard formally any response to that request or that idea and and I would like to have a response to it one way or another. Alderman abs I will look into it more uh I will look into it formally just from my quick recollection. I believe the ordinance spells out the how our meetings are structured. So, I do believe we would probably have to change an ordinance to change how it's structured, but um we will uh we'll have corporation council look into that and we'll get back to you officially. Thank you.

Yes, sir. Absolutely. Um there's one item of information that I that I forgot to uh mention to you earlier. Uh another bit of sadness for those of you who knew him. Um Dave Schrader passed away this past week. Um he was a longtime leader of the Danville Municipal Band, the Vermillion Festival Chorus. Um man, he was one of our accompanists when I was in high school. That man has done so much for music in this community uh for a long long time and he will be sorely missed and our our thoughts and our hearts and prayers are with those who loved him. So I wanted to make sure that I thank you uh chairman for uh reminding me of that. Also uh one item of

the visitation's Friday 9 to 11. Okay. Trinity Lutheran and then uh the mass do uh celebration is at 11:00 Friday.

Thank you. Thank you. Um also I wanted to clarify there was a comment made earlier by one of the audience members about that we're not that we're not for immigration in Danville and that couldn't be further from the truth. In fact, uh we've supported immigration with Bisco Fan and others. Legal immigration absolutely we support uh many of our finest community members, physicians, uh business owners and others who have contributed in many ways to this community are have come here lawfully and we absolutely support that. So to say that we don't support immigration is absolutely false. Um and also to to say you know these officers went overseas and did this and that and the other. These officers took their own vacation time and own personal leave time and used their own money to go and help build things. This was not a city initiative. This was not a city payment in any way. So I would think that we commend people for doing work not only here and around but around the country. And I also happen to know that these officers have done help build things here like Habitat for Humanity and things like that. So I just want to be clear that this was not city funding that was going to to help uh with work overseas. Although I'm certainly honored and proud of the good work in the way that our um that our officers represented this community. Um I apologize we do have need for uh what I hope will be a brief uh close session. At this time I would entertain a motion to section 2C1 to discuss specific employees and section 2C2 to discuss collective bargaining matters and salary schedules. Is there a motion to do so?

So moved. Second. Second. It's been moved and seconded. Um, roll call vote, please. Alderman Butler. [snorts] You called my name. [laughter] Yes. Detoy. Yes. Fashard. Yes. High Tower. Yes. Johnson. Yes. Core. Yes. Streing. Yes. Hickory. Yes. Teague. Yes. Lewig. Yes. Jones. Yes. Cooper 12. Yes. We are adjourned to open s to close session. There will be no action taken afterwards. Social was saying no.

Half an hour left ripping off people like [laughter] gas.

All right. I would entertain a motion to return to open session. I'll make the motion. Is there a second? Uh, all those in favor please signify by saying I. I. Any oppose? Same sign. Having satisfied the agenda, I would entertain a motion to adjurnn. So move. Second. Second. All those in favor, please signify by saying I. Any opposed? All right, we are adjourned. Have a great night every