City Council

 

The regular meeting was called to order at 7:00 p.m. by Mayor Gary Graham who led the Council in “The Pledge of Allegiance.”

 

Philip Goodwin, City Clerk, called the roll:  Gene McCoskey, excused; Richie Meile, present; Jerry Albrecht, excused; Robert Kueker, present; Jerry Mouser, present; Kevin Hagarty, present; Herb Roach, present; Matthew Smallheer, present; Michael Bennett, present; Courtney Marsh, present; Ray Holden, present; Ned Drolet, present; David Cozad, present; Harlan Gerrish, present.  A quorum was declared present.

 

APPROVAL OF MINUTES:  Mayor Graham asked for approval of the minutes.  Motion was made by K. Hagarty and seconded by J. Mouser to approve the minutes of November 16, 2015.  All ayes.  Motion carried.

 

PUBLIC HEARING – At 7:01 p.m., Mayor Graham opened the public hearing for the annexation agreement with Clarence Robb and Reta Phillips for approximately 44.54 acres located at 10458, 10464, and 10470 Rieder Road, Lebanon, 04-23.0-400-007; 04-23.0-400-010; and 04-23.0-400-011.  He called three times for public input, but no one came forward.  He closed the hearing at 7:02 p.m.

 

RESIDENTS:  Mayor Graham asked if anyone wished to come forward to speak to the Council.

 

John Drolet questioned the levy change, as there is a 240% raise above what was discussed at the committee meeting.  He asked that the staff go over some points before he asked questions.

 

W. Denton responded that the reason was that we did not know the all of the discussion about the property tax freeze and time frames. We did not have text of the proposed bill. We want to ensure that the service level stays in-tact.  There is uncertainty with the State, as there is a proposed property tax freeze.  The police pension, IMRF, fire department, ambulance and Social Security come from the property tax.  We want the flexibility.  The plan is to be able to pay tax on these areas. Across the State, other municipalities have talked about increasing the levy and then abating back in March the money that we were going to use for that year.  This was a decision of local control for our community.  We have a great bond rating, as we have a good cushion. Our bonds are so marketable, as we are able to pay off the bonds, as it is based on the property tax. We have really low rates. As a non-home rule city, the maximum ceiling is 2.3., but we are able to be more flexible. Our intention is to collect the same amount of money that was proposed at the committee meeting.  In March, we will get the final EAV numbers from the County. We plan to abate back, so the results will be virtually the same.

 

Mayor Graham asked how much we went down this year because of the new law.  S. Evans replied the law affected the VA, they get 100% exemption which is $18.5 million dollars less in EAV. Our EAV goes up every year, so it did balance the others out.  It will be two million instead of $20 million dollars.  The IMRF, Social Security, and Library were increased per law.

 

W. Denton said the intention is to give the Council the ability to plan ahead for the future.  We do not know what the State is going to do.  Mayor Graham asked who would make the final decision, and W. Denton replied that the Council will make the final decision on how much they want to abate.

 

H. Roach said that one of the proposals from the State had exemptions.  He said this is the highest tax rate in twenty years.  W. Denton said the County determines what the rate is, as it depends on what the EAV is, but it is not the highest.

 

R. Kueker asked what the abatement entails.  W. Denton said people will apply for tax appeals and have hearings.  In March we will get the numbers, and we will get the option to amend how much money we want in the assessment.  The County puts a 4% collection increase each year, and we always waive it.  R. Kueker said this was a short time period to review.  W. Denton replied that it is, but when we saw the bills posted that it was extended to the end of January, we thought if we wait, there will not be enough time.

 

Mayor Graham added it is an insurance policy, as it is his job to look down the road to the future.  The State released money today, however.

 

J. Mouser asked what would happen if we do not do anything.  W. Denton said we would have to see what the freeze will be and plan accordingly.  Mayor Graham said we do have cost increases.  We have held our rate for over twenty years.  We will be fine, as we are at the lower end. There will be some level of services lowered if there is a freeze.

 

D. Cozad asked if it is being raised 240%, as John Drolet mentioned. S. Evans replied that it is a 142% increase from last year to this year.  It was maxed at .3.

 

Mayor Graham reopened the resident portion of the agenda.

 

J. Drolet responded that the .3 increase goes against every fund. The bond payments are exempt, as the debt was already incurred.  He said over the last five years, our levy has essentially stayed the same, so why raise the levy.

 

Ron Zelms also spoke against raising the tax levy.  He asked the Council to only consider the motion out of the November 23^rd committee meeting. As a home rule entity, the City is not subject to any statutory tax rate limits.

 

Charlie Pitts said he was impressed with the forward thinking of the City, but would like the Council to review the numbers before making a decision.

 

Terry Lysakowski questioned the amount each taxpayer pays for the Parks.  He also asked about Green Mount Road improvements.  Mayor Graham offered for him to come to his office to go over the numbers.

 

 

Clerk’s Report:  P. Goodwin did not have a report.

 

Mayor’s Report:   Mayor Graham had nothing to report.

 

 

Motion by D. Cozad and seconded by H. Gerrish to consider Resolution items 1 – 13 under the Omnibus Agreement.  All ayes.  Motion carried.

 

Mayor Graham read the resolutions.

 

Item 1 - Resolution authorizing the Director of Public Works/City Engineer – Jeff Taylor or Administrative Assistant to the Director of Public Works – Heide Bell to sign Illinois Department of Transportation (IDOT) Motor Fuel Tax (MFT) documentation needed for annual MFT General Maintenance or Road Projects

 

Item 2 - Resolution authorizing the Mayor to sign an Illinois Department of Transportation (IDOT) local agency agreement for Federal Participation for the construction of a roundabout at the intersection of Milburn School Road at Simmons Road & Fairwood Hills Road in the amount of $786,000, Section 12-00059-04-PV

 

Item 3 -  Resolution authorizing the Mayor to execute an agreement with SCI Engineering, Inc. for the material testing related to the Milburn School Road at Simmons Road/Fairwood Hills Road Roundabout Project (Section 12-00059-04-PV) in an amount of $6,588.40

 

Item 4 -  Resolution authorizing the Mayor to sign an Illinois Department of Transportation (IDOT) Local Agency agreement for Federal participation for the improvements at the intersection of West Highway 50 and Old Collinsville Road, as well as authorizing the City Clerk to execute an IDOT resolution form approving the use of Local Motor Fuel Tax (MFT) Funds in the amount of $67,000 for support of project, section 14-00067-00-PV

 

Item 5 -  Resolution authorizing the Mayor to execute an agreement with Rhutasel & Associates, Inc. for the construction staking and material testing for the Exit 14 Interchange improvements Section 10-00062-00-LS in an amount of $5,000

 

Item 6 - Resolution authorizing the Mayor to execute an agreement with Rhutasel & Associates, Inc. for the construction staking related to the West Highway 50 congestion improvements, Section 06-00058-00-PV in an amount of $12,600

 

Item 7 – Resolution authorizing the Mayor to execute an agreement with SCI Engineering, Inc. for the material testing related to the West Highway 50 congestion improvements, Section 06-00058-00-PV in an amount of $4,548

 

Item 8 – Resolution authorizing the Mayor to execute an agreement with Oates Associates, Inc. for the Southview Subdivision (Rebecca Area) drainage rehabilitation project construction services in the amount of $12,000

 

Item 9 – Resolution authorizing the Mayor to execute an agreement with George L. Crawford & Associates (d/b/a CBB) for the design of the North Green Mount Road at Central Park Drive improvements (Section 15-00071-00-PV) in an amount not to exceed $114,642.80

 

Item 10 – Resolution authorizing the Mayor to sign an Illinois Department of Transportation (IDOT) Local Agency agreement for Federal participation for the N. Green Mount Road at Central Park Drive improvements, as well as authorizing the City Clerk to execute an IDOT resolution form approving use of local Motor Fuel Tax (MFT) funds in the amount of $114,750 for support of the project, Section 15-00071-00-PV

 

Item 11 – Resolution authorizing the Mayor to execute a Local Agency Agreement for Jurisdictional Transfer for 3,379 feet of North Green Mount Road

 

Item 12 – Resolution approving and accepting a subdivision of land to be known as the Kurtz Farm Estates

 

Item 13 – Resolution authorizing the Mayor to sign annexation agreements with Reta C. Phillips and Clarence E. Robb for 10458, 10464 & 10470 Rieder Road

 

Motion by D. Cozad and seconded by J. Mouser to approve Resolution items 1 – 13 under the previous Omnibus agreement.

 

ROLL CALL: Meile, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 12; Nos – 0.  Motion carried.

 

 

 

 

Motion by J. Mouser and seconded by D. Cozad to consider on 1^st Reading, Ordinance items 14 -16 under the Omnibus Agreement.  All ayes. Motion carried.

 

J. Mouser read the following ordinances:

 

Item 14 -  Ord. amending Ord. 623, Zoning, for 399 North Seven Hills Road

 

Item 15 – Ord. amending Ord. 623, Zoning, development known as Stone Bridge Estates located in the previously approved Stone Bridge Master Development Plan

 

Item 16 - Ord. amending Ord. 623, Zoning, development known as Academy Sports located at 1574 West Highway 50

 

Motion by J. Mouser and seconded by M. Bennett to approve on 1^st Reading, Ordinances, items 14 – 16, under the previous Omnibus Agreement.

 

ROLL CALL: Meile, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 12; Nos – 0.  Motion carried.

 

Motion by M. Bennett and seconded by H. Gerrish to consider on 1^st Reading, item 17, an Ordinance providing for the Annual Levy for the fiscal year commencing on the first day of May 1, 2015 and ending on the thirtieth day of April 2016.

 

M. Bennett asked D. Funk if the agenda item should be what the committee approved or the amended version, but he understood we did not have all of the information prior to the committee meeting.  D. Funk replied that it should be on what the committee voted on.  Mayor Graham replied he would have preferred that both be on the agenda.

 

Motion by M. Bennett and seconded by M. Smallheer to amend the Ordinance as depicted in Attachment A from committee approving the levy amount.

 

ROLL CALL: Meile, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, no; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 11; Nos – 1.  Motion carried.

 

Motion by M. Bennett and seconded by M. Smallheer to approve the Ordinance as depicted in Attachment A from committee approving the $6,576,030 levy amount, as amended.

 

ROLL CALL: Meile, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, no; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 11; Nos – 1.  Motion carried.

 

 

Motion by J. Mouser and seconded by H. Gerrish to consider on 2nd Reading, Ordinance Items 18 – 21 under the Omnibus Agreement.  All ayes. Motion carried.

 

J. Mouser read the following Ordinances:

 

Item 18, an Ordinance declaring certain vehicles and equipment as surplus property pursuant to 65 ILCS 5/11-76-4.

 

Item 19, an Ordinance amending Chapter 78, Schedule I, No Parking Zones regarding Hilltop Lane.

 

Item 20, an ordinance authorizing a first amendment to the Communications Site Lease Agreement between the City and SBA Steel, LLC for the purpose of authorizing a sublease to Verizon Wireless LLC.

 

Item 21, an ordinance amending and supplementing Ordinance 3890, which provided for the issuance of General Obligation Bonds, Series 2015 and providing for a levy of taxes to pay the principal of and interest on such bonds, and related matters

 

Motion by J. Mouser and seconded by M. Bennett to approve on 2nd Reading, Ordinance Items 18 – 21 under the previous Omnibus Agreement.

 

ROLL CALL: Meile, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 12; Nos – 0.  Motion carried.

 

 

Community Development:  Motion by M. Bennett and seconded by J. Mouser to approve the Special Event request from Syberg’s to hold a Kruz 4 Kids Stuff the Trailer on December 10 – December 13, 2015 at specified times.  All ayes.  Motion carried.

 

J. Mouser said the next meeting will be December 14th at 6:00 p.m. at the Public Safety Building.

 

Public Works: Motion by D. Cozad and seconded by J. Mouser to approve the purchase of a pre-treatment and deicing sprayer from Woody’s Municipal Supply in the amount of $10,159.

 

ROLL CALL: Meile, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 12; Nos – 0.  Motion carried.

 

D. Cozad stated the next meeting will be held December 28th at 7:00 p.m. at the Public Safety Building.

 

M. Bennett asked D. Funk about a good neighbor ordinance.  He said a homeowner has to pay for a tree removal on his property that is actually owned by the neighbor.  The neighbor refused to pay for the removal because his insurance company did not cover it.  He asked if we should pass something that would require the owner to pay for it.  D. Funk responded that he did not think we could enforce it.  M. Bennett asked him to research it.

 

Finance/Administration:  M. Bennett said they met prior to this meeting.  Motion by M. Bennett and seconded by J. Mouser to approve Warrant #338 in the amount of $3,406,452.73.

 

ROLL CALL: Meile, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 12; Nos – 0.  Motion carried.

 

Parks and Environment:  R. Holden said they will possibly meet Monday, December 14th at 5:30 p.m. at the Public Safety Building.

 

Public Safety:  C. Marsh said that they will meet next Monday at 5:00 p.m. at the Public Safety Building.

 

EXECUTIVE SESSION:  Mayor Graham announced they would go into closed session to discuss the setting of a price for sale or lease of property.  Motion by M. Bennett and seconded by J. Mouser to go into closed session.

 

ROLL CALL: Meile, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 12; Nos – 0.  Motion carried.

 

Council went into closed session at 8:05 p.m. and returned at 8:17 p.m.

 

Motion by M. Bennett and seconded by R. Kueker to authorize the Mayor to send out a request for proposals for the old City Hall property.  All ayes.  Motion carried.

 

ADJOURNMENT:  Motion by M. Bennett and seconded by R. Holden to adjourn.  All ayes.  Motion carried.

 

The meeting was adjourned at 8:18 p.m.

 

Submitted by,

 

 

 

__________________________

Philip A. Goodwin

City Clerk                                                                                                       

                                                                                                                               

Minutes recorded by

Maryanne Fair, Deputy City Clerk

Proper notice having been duly given