REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE VILLAGE OF TAMPICO
February 2, 2016, 7:00 PM
Reagan Community Center
Mayor Kristine L. Hill called the Regular Meeting of the Tampico Village Council to order at 7:00 PM.
Commissioners Bruce Hill, Scott Meier and Derrick Maupin were present. Commissioner Phalen Vancil was absent. Also present were, Police Chief Terry Strike. Village Clerk Kathy Leathers recorded the written and audio minutes.
Mayor Hill led those present in the Pledge of Allegiance.
Minutes of the January 19, 2016 Regular Meeting were approved as presented.
Reports of Village Officials
Mayor Hill wanted to remind everyone that Ronald Reagan’s Birthday Party Saturday, February 6, from 10 AM to 4 PM. She said it would be nice if everyone could make it since the ladies put on a nice production.
Local business owner, Bonnie Anderson, spoke to the council about what she considers a major problem. Anderson told them nearby property owners and tenants have been driving through her vacant lot next to her business and now it’s a mess. Anderson stated she has pictures. Mayor Hill told Anderson she understands this is a problem for Anderson but aside from the fence part of it, it’s a civil issue. Anderson said she has been dealing with this for around 10 years and she feels she has been more than fair in trying to take care of it. Anderson said she would like to know how the council feels about her putting up a temporary fence until spring when she can put up a permanent fence.
Mayor Hill told Anderson if the council had a plat, a survey, a signed survey plat so the Zoning Administrator could determine exactly where that property line is. Mayor Hill said the village needs that documentation with a case like this. Anderson told Mayor Hill she could give them documentation. Anderson said first of all she would like to show them, there is no easement. Mayor Hill asked Anderson if the paperwork in front of her had a plat map. Anderson stated she understands what the Mayor means by a plat map, but she knows where her property stakes are and at one time when another resident in the area had her property surveyed, she was shown the property stakes. Anderson said she called county just to make sure it was hers.
Mayor Hill told Anderson she has to understand when you start to get into a civil case and she knows this has been going on for a long time. The Mayor advised Anderson, the village needs documentation before the council can say yes, as a board, you can put a fence here the village needs to have a signed, survey plat. Hill said she is sure Anderson got one when she bought the property. Anderson asked the Mayor if the council does that for everybody. Mayor Hill said no but Anderson has had so many civil problems with the adjoining property owner that she and as a board, does not feel comfortable giving permission to put something somewhere without making sure we’re in the right. Mayor Hill told Anderson it also protects her since if it is not right then she would have to start over at her expense and then she would be upset with the council. Anderson said she understands what the mayor is saying. Anderson said she knows where her property stakes are in the ground that were put in there by surveyors. Anderson said it is also easy to measure it out.
Mayor Hill told Anderson she knew exactly where the pins were on her property but come to find out the neighbor didn’t like where it was at and moved it so that’s why the mayor is saying all this, to protect Anderson and everyone and get that plat to make sure it wasn’t moved.
Anderson asked the council to just hear her out. Anderson said her property is commercial, the bar itself is built on a 50 x 130 lot. In fact, Anderson said, it is two lots and commercial property is allowed to built from property line to property line. Mayor Hill told Anderson the council has gone over this before but this is another issue too. Anderson told the council, the building is 50 x 130 and you can go from the corner of the building over a 125 ft because she has five lots. Anderson said there is no disputing where it is and that’s where the stakes are. Mayor Hill told Anderson she is not comfortable putting it so the person next door can’t use their garage and that was kind of grandfathered. Mayor Hill said that alleyway was there when she was a kid. Anderson said it is not an alley. Mayor Hill said it was a driveway against the house and at one point they used it frequently and it’s always been there. Mayor Hill stated she just hates seeing people argue all the time. Hill told Anderson she understands her yard is getting tore up and that’s not fair either. Commissioner Meier asked Anderson if the stakes were actually in the driveway. Anderson said one is actually in the driveway. She said the front is in the driveway there is only 12-18 inches of that driveway that is on their property and in the back it is on the very edge of the driveway on her side.
Anderson said when she bought the property there was a title search done that says there are no easements so that’s not a question of whose property it is or who uses it. She also said as long as she has owned it, the other property owner has known that it is Anderson’s property. Mayor Hill said that’s what she is saying, too, when Anderson bought the property that was going on and that driveway was there. Anderson said that does not make it not her property. Mayor Hill said Anderson could have had that contingent on her buying of the property so it had to be torn out since it is on her property.
Mayor Hill said she just wants people to get along and she feels bad that Anderson is getting her yard torn up too. Mayor Hill said she thinks there is a good way to work this out so everybody can get along and Anderson can still have her fence. Anderson commented it has been done over and over again. Mayor Hill stated she knows the council has gone over this fence issue a few times, too. Anderson said she agrees with the Mayor, but would the mayor like it if she went down and drove through her yard. Mayor Hill said of course not but then when she bought her property and they were already doing it when she pulled in, she had still agreed to buy that property. Mayor Hill said she needed to back up here. The Mayor told Anderson this is a civil issue and she did not want to hurt her, the neighbor or anybody. Anderson asked if she should just do it legal and have a lawyer take care of it. Mayor Hill said she thinks that is best and then the village can work with village permits and make sure everybody is treated fairly. Anderson asked that since she owns the property, that her rights should stand for someone tearing up her property. Anderson asked if they have the right to use her property over her. Mayor Hill told Anderson she thinks there are ways that the lawyers can work it out and then the village can work with them to get the fence in the right place and if it so happens that it doesn’t work out that way, then that’s the way it is. Mayor Hill stated it is not the council’s decision. The council cannot make that decision. Hill said it’s not alright for anyone to drive through anyone’s property, absolutely not. Mayor Hill would like to have all the ducks in a row and make sure the attorneys work it out civilly. Mayor Hill said it’s not the council’s decision.
Chief Strike explained to Anderson what the council was asking her for. He said when she surveys the property she will have a plat. He said that’s all they’re asking her. Commissioner Hill said the council needs to know where the fence is going to go. Anderson said her thing is she shouldn’t have to go spend the $800 to show the council exactly where the property line is. Council members told Anderson it has to be documented somewhere. Commissioner Hill told Anderson when she found that documentation she would be good to go. Mayor Hill said there is a difference between a summary and a certified property. Chief Strike said Anderson’s lender would not have let her buy the property without the documentation so it has to be some place. Mayor Hill told Anderson she does not think she is wrong but the council can’t just say okay, Bonnie said so, so we are going to do this. Anderson asked if the plat would say that when it is not even exact.
Chief Strike stated the council is not denying Anderson, they are just asking her to bring in the information. Mayor Hill said the neighboring property owner is welcome to bring in their information to make sure both match. Mayor Hill said this has been going on a long time and she has been involved in it umpteen times. Mayor Hill said this is what everyone has to do this year is to get it resolved. She said both property owners
bring their side in with the certified paperwork then the council can make a decision so everybody can get along. Mayor Hill said that’s all she is asking. Anderson said she wanted to ask the Mayor and council plain and simply, straight up if she spends all this money on it, is this council going to grant her a fence. Mayor Hill told Anderson she doesn’t see a problem, it might not be in the exact location Anderson expects if a setback is needed. Mayor Hill said she understood what Anderson was saying in regard to commercial property being up to the edge but there is still a maintenance issue. Mayor Hill said she does not see a problem with Anderson having a fence, that is not the issue at all. Mayor Hill said the council wants to do it right and they can’t without the right information. Anderson said she understands that but it has already been done.
Mayor Hill advised council members Commissioner Vancil would be at the next meeting. She said nothing would be done with the fence since it’s not the season for it. She said he meant to get it done earlier, but is has not been done yet.
The council is still waiting to get more information about amending the Village’s Health and Safety Ordinance.
A discussion was held to consider two new members of the Tampico Recreation Board Commissioner Vancil had previously recommended. On a motion by Commissioner Maupin with a second by Commissioner Meier, approval was given to appoint Tracy VanHorn to the Recreation Board. “Yes” votes were Maupin, Hill, Meier and Mayor Hill. The motion carried.
On a motion by Commissioner Meier and a second by Commissioner Hill, approval was given to appoint Chris Thomas to the Tampico Recreation Board. “Yes” votes were Maupin, Hill, Meier and Mayor Hill. The motion carried.
Mayor Hill advised the Emergency Storm Siren Agreement with Tampico Fire Protection District will be finalized next month when the grant administrators can be here.
Discussion was held on the change in the Water / Sewer Ordinance regarding Multi-unit dwelling billing. Commissioner Maupin said the proposed document contained what the council had reviewed at the last meeting. Mayor Hill advised the council to take the chance the next two weeks to review it and see if there is anything they want to bring up for discussion at the next meeting before they move any further with it.
Budget worksheets were handed out to council members with the various department assignments. Mayor Hill said if they have any questions please contact the Village Clerk. Mayor Hill said they have also been provided with project plan sheets so if they see something in their department they would like to suggest being done. Mayor Hill said MFT, (Motor Fuel Tax), money, according to Representative Mike Smiddy, they are hoping those funds are going to stay on the bill the state approved and continue to disperse the MFT money. Mayor Hill encouraged the council to be wise with their choices just in case the state decides not to again.
Council members were given copies of the Illinois Municipal League Legislative Agenda. Clerk Leathers said there are some pretty interesting bits of information in there. She told them the IML is a voice for municipalities around the state.
Bills were ordered paid on a motion by Commissioner Maupin with a second by Commissioner Meier. “Yes” votes were Hill, Meier, Maupin and Mayor Hill. The motion carried.
The meeting adjourned at 7:25 PM. The next regular meeting of the Tampico Village Council will be Tuesday, February 16, 2016 at 7:00 PM in the Reagan Community Center located at 202 W. Second Street.
Kathy A. Leathers
Clerk
Kristine L. Hill
Mayor
MINUTES APPROVED THIS 1st DAY OF MARCH, 2016
**These minutes are not official until signed, dated and sealed by the Village Clerk**
