City Council Minutes - July 23, 2007
By Marilyn A. Herbeck
Aug 14, 2007, 10:25

MINUTES OF THE REGULAR MEETING OF THE STAUNTON CITY COUNCIL, HELD IN THE PUBLIC WORKS BUILDING, 920 N. EASTON, STAUNTON, ILLINOIS ON MONDAY, JULY 23, 2007.

I. CALL TO ORDER:

Mayor Fred Stein called the Staunton City Council Meeting to order at 7:00 P.M. on Monday, July 23, 2007.

II. PLEDGE OF ALLEGIANCE:

Mayor Stein led the Pledge of Allegiance to the Flag.

III. ROLL CALL:

Clerk Herbeck called roll with the following persons
PRESENT: Councilmembers Bart Yakos, James Sloan, Nelson Grman, Bronson Painter, Robert Schwandner and Fred Lotter. Mayor Fred Stein, City Treasurer Erin Cavanaugh, City Clerk Marilyn Herbeck, Attorney Philip Lading, Chief Bob Mertz and Public Works Director Hank Fey were noted as being present.
EXCUSED: Councilmember Craig Neuhaus UNEXCUSED: Councilmember Randy Brown

IV. CONSENT AGENDA:

Councilmember Grman questioned which fund to charge expenses for Rib Cook Off. During Council approval of the expenses it was not indicated which fund to charge. With this being an on-going expense it will be paid out of Tourism and a line item will be established for next year.

Councilmember Grman questioned the employee’s name being included in the second paragraph of Unfinished Business in the Minutes of July 9, 2007. He stated that employee names are not to be in the minutes and he wanted to know why he was not given a copy of the employee notice. Mayor Stein gave no reason why the Council did not receive a copy of the notice. Mayor Stein indicated the reason he presented the notice is because the employee changed the payroll past practice procedure on her own, without Council approval, and did not notify the Department Head. He explained that the intention of the notice is to avoid unnecessary grievances and attorney expenses in the future.

Councilmember Grman moved, seconded by Councilmember Yakos to accept amended consent agenda with that item removed from the minutes with no further mention of it.

In an effort to correct the minutes accurately, Clerk Herbeck read the motion out loud and asked for clairification of the meaning of the motion. She was informed that the motion would remove the second paragraph of Unfinished Business. She reminded the Council that the minutes depict what actually took place in the meeting and questioned why the Council would remove the second paragraph in Unfinished Business from the minutes when it states what “actually” occurred. She recommended changing the motion to be more specific on what should be amended. Councilmember Painter suggested making a motion to remove the employee’s name from the paragraph.

Councilmember Yakos moved, seconded by Councilmember Grman to rescind the previous motion.

Roll Call Vote -
AYES: Sloan, Grman, Painter, Schwandner, Lotter, Yakos
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

Councilmember Painter moved, seconded by Councilmember Grman to amend the minutes to delete the name of employee mentioned in second paragraph of Unfinished Business.

Roll Call Vote –
AYES: Sloan, Grman, Painter, Schwandner, Lotter, Yakos
NAYS: None
AYES: Brown, Neuhaus
Motion declared carried.

Councilmember Schwandner moved, seconded by Councilmember Painter to approve Consent Agenda with the following items as amended:

Minutes
Regular Meeting – July 9, 2007 (as amended in motion above)
Executive Session - None
Collector’s Report
Personal Property Replacement Tax $3,201.29 (July)
M.F.T. Allotment $10,650.92 (June)
Sales Tax $43,832.16 (April)
Telecommunications Tax $13,563.84 (April)
State of IL – 80% Grant Reimb – Pay Req 2 Main Street Engineering $7,688.66
State of IL – 80% Grant Reimb – Pay Req 3 Main Street Engineering $35,538.48
Applications
None
Claims
July 23, 2007
Business Licenses Issued
None
Roll Call Vote -
AYES: Grman, Painter, Schwandner, Lotter, Yakos, Sloan
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.





V. GUESTS

Councilmember Schwandner moved, seconded by Councilmember Painter to suspend regular order of business to hear from Guests. All present voting aye, motion declared carried.

Mike Smith was present to request the City to verify the placement of the Alco fence next to his property. He reminded that the Zoning Board of Appeals and the City Council approved the re-zoning of that property based on the contingency of installing a fence along the east and west lot lines. He reported that the fence does not run the full length of the property and leaves open 5 parking spaces that are adjacent to his property. He expressed concern with lights, trash and driving through his property by the Alco customers. Mr. Smith explained that he is here today because he was told to work with the Zoning Administrator and the other property owner at a previous meeting but is having problems getting his calls returned. Mr. Smith is not satisfied with how far back from the road the fence has been installed and wants to see it extended further along the lot line. Several Councilmembers stated that it was necessary to keep the fence back that far due to State of Illinois right of way easements. Council indicated that they would check into it.

Councilmember Yakos moved, seconded by Councilmember Painter to return to the regular order of business. All present voting aye, motion declared carried.

VI. CORRESPONDENCE:

Laura Deininger sent correspondence to request reimbursement of $45 towing fee that she incurred due to her vehicle being parked on the parade route for the 4th of July Parade. Councilmember Sloan indicated that a similar request was denied at the last meeting. The Fire Department posted “No parking” signs at Noon and she parked there at 2 p.m. He checked with Bishop Motors and was told that he tells his customers to park their cars in his lot across the street when they leave them for service. Councilmember Sloan moved, seconded by Councilmember Lotter to not reimburse towing fees. All present voting aye, motion declared carried.

VII. CITY CLERK'S REPORT:

Nothing to report.

VIII. TREASURER'S REPORT:

Nothing to report.

IX. ATTORNEY'S REPORT:

Nothing reported.







X. COMMITTEE REPORTS:
UTILITIES (LOTTER) -

Councilmember Lotter moved, seconded by Councilmember Schwandner to approve Change Order No. 1 – Alaska Street Waterline Project increasing the amount by $875.00 (addition of valve box stabilizers).

Roll Call Vote –
AYES: Painter, Schwandner, Lotter, Yakos, Sloan, Grman
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

Councilmember Lotter moved, seconded by Councilmember Schwandner to approve use of Plastic Radio Read Meter Lids for Main Street Service Lines to protect radio read antennas.

Roll Call Vote –
AYES: Schwandner, Lotter, Yakos, Sloan, Grman, Painter
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

Rodney Potts of Crawford & Associates presented the Council with 3 different Engineering Estimates and Maps to consider for the 8” Water Main Extension to East Main Street.

Councilmember Lotter moved, seconded by Councilmember Schwandner to retain Crawford & Associates Engineering Services for East Main 8” Water Extension with scope of project to be determined at later date.

Roll Call Vote –
AYES: Lotter, Yakos, Sloan, Grman, Painter, Schwandner
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

A Utility Committee Meeting is scheduled for Monday, July 30th at 6 p.m. to discuss water main options.

Councilmember Lotter moved, seconded by Councilmember Schwandner to approve Change Order No. 3 - Emerald Glen Infrastructure Grant Project decreasing the amount by $9,766.50 (adjustment of contract quantities to match actual quantities installed for all contract items).

Roll Call Vote –
AYES: Yakos, Sloan, Grman, Painter, Schwandner, Lotter
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.
Councilmember Lotter moved, seconded by Councilmember Yakos to approve Payment of L & L Excavating Invoice #4 in the amount of $11,748.70 for Emerald Glen CDAP Grant Reimbursement.

Roll Call Vote –
AYES: Yakos, Sloan, Grman, Painter, Schwandner, Lotter
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

Utility Chairman Lotter informed that he was contacted on the afternoon before the Tour de Donut by Phil McDowell of D-N-P Plumbing to look at a water main repair that was necessary on East Montgomery Street. Councilmembers Grman and Yakos were also present and they all three signed off on an agreement to authorize D-N-P Plumbing to make the repair with costs not to exceed $999. Phil McDowell verbally quoted the cost at approximately $300-$500 to make repair to the saddle. Lotter was later contacted by McDowell and informed that there were actually 2 saddles that were broken. Pictures were taken and the repair was verified. Lotter stated that he assumed the previous authorization not to exceed $999 would be more than enough to cover both repairs since he was originally quoted $300-$500 because even if it doubled, it should be sufficient to cover both repairs. The City was surprised when they received an invoice in the amount of $1,651.00 for the repair.

Councilmember Lotter moved, seconded by Councilmember Painter to approve payment to D-N-P Plumbing for sewer repair at 714 E. Montgomery in the amount of $999 as agreed upon during the project per attached authorization.

Roll Call Vote-
AYES: Sloan, Grman, Painter, Schwandner, Lotter, Yakos
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

Councilmember Lotter & Grman informed that they were at IDOT in Springfield last week for another reason and ran into Russ Militello and his boss. They had a discussion with them on the East Main Street Jurisdictional Transfer. Everyone agreed that an overlay on the roadway was not going to hold up and the drainage problem needs to be solved. IDOT informed that they would be willing to work with the City on the drainage. IDOT is willing to sit down with the Council, Engineers and Attorneys and work out an agreement that would be acceptable to everyone and would satisfy all concerns. Grman and Lotter both stated that IDOT seemed very willing to work with the City. Grman stated that IDOT suggested that the City schedule a meeting with the citizens that live along the roadway to get their input in solving the drainage issue.

Lotter informed that the last 1/10th of the roadway was not going to receive any improvements under the last proposal for the jurisdictional transfer but that it could be negotiable. The exact improvements will need to be specified to IDOT for consideration. At this time, Councilmember Lotter requested Councilmembers to review Resolution #2007-28 which was prepared by Attorney Lading at his request.

Councilmember Lotter moved, seconded by Councilmember Grman to adopt Resolution #2007-28 East Main Street Repairs.

Roll Call Vote –
AYES: Grman, Painter, Schwandner, Lotter, Yakos, Sloan
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

STREET (YAKOS) –

Councilmember Yakos questioned Tracy Kelsey of Heneghan & Associates about starting the Watermain Replacement Project on Main Street as soon as possible so that it will be done for the Parade and Tour de Donut next July. Tracy reminded that the Council had requested the watermain replacement and roadway improvements to be grouped as one project in order to save money by tearing up the road once - instead of twice. She informed that adding the box culvert repair and various other issues have caused the delay. Tracy requested a meeting with the City to discuss some final details of the project. A Utility/Street Committee Meeting is scheduled for Monday, July 30th at 6 p.m. to discuss final details.

FINANCE & PERSONNEL (BROWN) -

Nothing to report.

PARK & CIVIC IMPROVEMENT (SCHWANDNER) -

Nothing to report.

PUBLIC HEALTH & SAFETY (SLOAN) -

Nothing to report.

TOURISM & ANNEXATION (GRMAN) -

Councilmember Grman reported that he received numerous appreciative comments for the City’s help and financial support of the Tour de Donut and Rib Cook Off.

PUBLIC GROUNDS (NEUHAUS) -

Nothing to report.

JUDICIARY (PAINTER) -

Councilmember Painter moved, seconded by Councilmember Lotter to Waive the 1st Reading of Ordinance #1433 – Leopold Agreement (DAF System – Water Treatment Plant).



Roll Call Vote –
AYES: Painter, Schwandner, Lotter, Yakos, Sloan, Grman
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

Councilmember Painter moved, seconded by Councilmember Lotter to adopt Ordinance #1433 – Leopold Agreement (DAF System – Water Treatment Plant).

Roll Call Vote –
AYES: Schwandner, Lotter, Yakos, Sloan, Grman, Painter
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

1st Reading Ordinance #1434 – Re-Zone Lewis Property at 929 S. Best from R-1 to C-1
1st Reading Ordinance #1435 – Re-Zone Stein Property at 611-617 W. North from R-1 to R-2

XI. UNFINISHED BUSINESS:

Mayor Stein complained about the way the Council made their decision when the East Main Street Jurisdictional Transfer issue was voted on. Mayor Stein informed that he gave a copy to the three new Councilmembers at the Orientation Meeting and explained that it was an important issue that they would have to make a decision on at a later date. He was disappointed that none of the three newest Aldermen asked any questions but felt informed enough to vote against the proposal. One Councilmember did ask him if he was for or against the proposal prior to the meeting that it was being voted on. Councilmember Painter explained that he had made the decision to vote against the proposal based on the problems that he saw in the proposal. Councilmember Lotter stated that he thought it was a take it or leave it proposal.

Yakos questioned why the Council did not get a copy of the IDOT letter when he received it back in January. Clerk Herbeck presented the Official Minutes of the February 12, 2007 City Council Meeting which included the letter from IDOT in Correspondence. The minutes read “IDOT sent a Letter of Intent for the Jurisdictional Transfer of Main Street. Correspondence placed on file. Letter will be discussed in Executive Session.” Clerk Herbeck presented a copy of the Executive Session Minutes of February 12, 2007 to the City Council for their reference. Clerk Herbeck reinforced that everyone received a copy of the letter at the February 12th Meeting as a copy was attached to the agenda.

Mayor Stein reminded that he was criticized by Councilmember Grman for making a phone call to IDOT without the Council’s permission but questioned why two Councilmembers had a meeting with IDOT without anybody’s knowledge.

It was questioned why the letter was discussed in Executive Session in May and not discussed in Regular Session. Mayor Stein replied that he thought that the new Councilmembers would be more willing to ask questions and address their concerns in a closed meeting about such an important issue.

More personal accusations flew and old arguments were rehashed between Mayor Stein, Councilmember Yakos and Councilmember Grman.

XII. NEW BUSINESS:

No New Business was presented.

XIII. EXECUTIVE SESSION:

Councilmember Painter moved, seconded by Councilmember Sloan, to go into Executive Session to discuss Personnel.

Roll Call Vote -
AYES: Lotter, Yakos, Sloan, Grman, Painter, Schwandner
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

Councilmember Painter moved, seconded by Councilmember Sloan, to return to the Regular Order of Business.

Roll Call Vote -
AYES: Sloan, Grman, Painter, Schwandner, Lotter, Yakos
NAYS: None
ABSENT: Brown, Neuhaus
Motion declared carried.

XIV. MOTIONS FROM EXECUTIVE SESSION:

No motions were made.

XV. ADJOURNMENT:

With no further business to discuss, Councilmember Lotter moved, seconded by Councilmember Painter to adjourn at 9:20 P.M. All present voting aye, motion declared carried.

Prepared by:



Marilyn A. Herbeck
City Clerk







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