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December 2, 2013

RUSHVILLE CITY COUNCIL MINUTES

1. ROLL CALL & CALL TO ORDER

The Rushville City Council met in the meeting room of the City Hall Building. Upon convening, Mayor Curt Lunt called the roll. Upon ROLL CALL, the following answered present: Council Members: Jeff Albers, Kent Cox, Brad Dutton, Terry Millslagle, Don Schuman, Bill White, and Larry Wilson. The meeting was called to order at 7:00 P.M. Council Member Terry Dodds was absent.

Others present included: Brad Thurman, Superintendent of Operations; and Shelly Akins of The Rushville Times; Sheri Triplett, representing the Pregnancy Resource Center; and Tim Ward.

2. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Curt Lunt.

3. PUBLIC COMMENTS

Sheri Triplett, representing the Pregnancy Resource Center reported she is working with Tim Ward on a fundraising event to be held on May 3, 2014. Triplett stated this event will be a 5K cycle and a one-half (1/2) marathon on the square, so she is asking for permission to use the square. Triplett noted they would like to start on the east side and possibly shut down the intersection from 7:00 a.m. until noon so everyone can get off and return safely. Tim Ward said he would like to have the intersection at Liberty and LaFayette Street’s shut down, but maybe not the entire time.

Ward reported the goal of this fundraiser is to raise money for the Pregnancy Resource Center and draw people to Rushville. Ward noted the runners will stay on the 5K course that is used during the Cornfest, and the marathon will go to Pleasant View and back. Ward said they would like to start and finish at the same spot. Ward stated there will be a vendor fair after the event is over. Ward noted the key is to get people to the square so it will be pretty congested. Council Member, Larry Wilson said LaFayette could be kept to one (1) lane for about three (3) blocks. Mayor Lunt stated he had talked with Triplett about running some other events along with this to make it an all day thing. Ward noted he thought about serving a meal after the cycle and marathon. Consider Reserving Central Park on Saturday, May 3, 2014, for the Pregnancy Resource Center Fundraiser will be placed on the next council agenda.

Ward stated he also thought this could be tied into the Grow Rushville committees. Ward said they were not sure on the date of prom, but they would be out of Central Park before the prom would need it. Council Member, Terry Millslagle noted prom is May 10th. Ward said he will work with Superintendent of Operations, Brad Thurman on the route.

Ward thanked the Mayor and city council for making the Rushville Loop possible and for showing up at the ribbon cutting. Ward noted there were seventy (70) people in attendance and a lot of them are taking advantage of the loop.

Sheri Triplett and Tim Ward left the meeting at 7:10 p.m.

4. BENTON & ASSOCIATES – WATER & SEWER UPDATE

Thurman reported he spoke with Greg Hillis of Benton & Associates, and Rees should start the work on Friday or Monday.

Mayor Lunt stated he signed the contracts for the tank inspections and the sewer plant operator.

5. CONSENT AGENDA

The following Consent Agenda items were presented:

a. Approve the Minutes of the Regular Meeting held November 18, 2013

b. Approve “Claims for Council Approval Dated 12/02/13” & Accept Monthly Reports

c. Approve Following Committee Minutes: 11/14/13 Combine Water, Sewer, Street, & Finance; 11/14/13 Claims & Insurance; and 11/25/13 Ordinance Review

d. Pass & Adopt Ordinance No. 1206, Annual Tax Levy

e. Consider 1st Reading of Ordinance No. 1207, Ordinance Protecting Utilities in Central Park

RUSHVILLE CITY COUNCIL MINUTES, CONT. December 2, 2013

f. Consider Hiring Benton & Associates to do the Survey at the West Memorial Section of the Cemetery at a Cost not to Exceed $3,500

g. Pass & Adopt Resolution No. 1028, General Obligation Bonds

h. Pass & Adopt Resolution No. 1029, Resolution Authorizing the Mayor to Sign Loan Agreement between Scripps Park & 1st Bankers Trust for the Purchase of New Tractor

Millslagle REQUESTED TO HAVE ITEM “E” REMOVED FROM THE CONSENT AGENDA.

Wilson MOVED TO APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF ITEM “E”. Millslagle SECONDED, AND THE MOTION CARRIED WITH AN ALL “YEA” ROLL CALL VOTE AS FOLLOWS: 7 YEAS – Albers, Cox, Dutton Millslagle, Schuman, White, & Wilson; 0 NAYS; 1 ABSENT – Dodds.

6. ITEMS TO BE REMOVED FROM CONSENT AGENDA – IF APPLICABLE

Millslagle asked if the snowflakes were going to have to be moved next year with the ordinance protecting the utilities in Central Park, and Thurman said no, the snowflakes are okay where they are located.

Millslagle MOVED TO APPROVE ITEM “E”, 1ST READING OF ORDINANCE NO. 1207, ORDINANCE PROTECTING UTILITIES IN CENTRAL PARK. Wilson SECONDED, AND THE MOTION CARRIED WITH AN ALL “YEA” ROLL CALL VOTE AS FOLLOWS: 7 YEAS – Albers, Cox, Dutton, Millslagle, Schuman, White, & Wilson; 0 NAYS; 1 ABSENT – Dodds.

Council Member, Terry Dodds arrived at 7:15 p.m.

7. DISCUSS & CONSIDER SPECIAL EVENT LICENSE EVENT FOR CHASERS TAP

Mayor Lunt reported Chasers Tap has requested a Special Event license for the following dates: December 15, 2013 – Employee/Customer Appreciation Day; January 5, 2014 – NFL Football Wild Card Game; January 12, 2014 – NFL Football Division Playoff Game; January 19, 2014 – NFL Football AFC & NFC Championship Game; and February 2, 2014 – Super Bowl Sunday.

Wilson MOVED TO APPROVE THE SPECIAL EVENT LICENSES FOR CHASERS TAP FOR DECEMBER 15, 2013, JANUARY 5, 2014, JANUARY 12, 2014, JANUARY 19, 2014, AND FEBRUARY 2, 2014. Dutton SECONDED.

Council Member, Jeff Albers stated December 15th is not a special event, but just an employee/customer appreciation. Council Member, Brad Dutton said it would be a day where none of the employees were working. Dutton noted he is looking thru Chasers eyes where this would be a day for her employees.

AFTER DISCUSSION, THE MOTION CARRIED WITH THE FOLLOWING ROLL CALL VOTE: 4 YEAS – Cox, Dutton, Schuman, & Wilson; 4 NAYS – Albers, Dodds, Millslagle, & White; 0 ABSENT. THE TIE VOTE WAS BROKE BY MAYOR LUNT VOTING YEA.

8. DISCUSS & CONSIDER PAYMENT TO WESTERN ILLINOIS REGIONAL COUNCIL

Mayor Lunt reported this bill was for the e-waste that is located at the city shed. Mayor Lunt stated he spoke with a gentleman the other day that is interested in putting in a bid to do this same thing, but he is not sure the gentleman can give the same services. Wilson asked if this amount was shared with the county and school, and Millslagle said the council went through this last year for about two (2) months. Council Member, Kent Cox noted this is for city residents only, and Mayor Lunt stated we all know there are more than just city residents that use this service.

Mayor Lunt said the gentleman he talked to was a local man but he is not sure that he can do the paint. Thurman asked if this gentleman had a place for citizens to take the e-waste to, and Mayor Lunt thought the city shed would be the drop off location. Council Member, Terry Dodds stated he feels the city needs a written contract with the gentleman if that is the decision the city goes with. Albers wondered if the city was getting the money from the citizens using the e-waste service since Western Illinois Regional Council was charging the city to pick up stuff and make money off of it. A short discussion followed. No action was taken and this item will be added to the next council agenda.

RUSHVILLE CITY COUNCIL MINUTES, CONT. December 2, 2013

9. DISCUSS & CONSIDER ENTERING INTO A CONTRACT TO REPAIR THE SIDEWALK IN THE 100 BLOCK OF EAST CLINTON

Thurman reported this was discussed at the last council meeting and he had a ballpark figure, but he has not had a chance to talk with Petie Hamm of G M Sipes Construction. Thurman said there was some talk about the city removing some of the material. No action was taken and this item will be added to the next council agenda.

10. DISCUSS & CONSIDER REMOVAL OF TREES IN THE CEMETERY BY BOEHM’S LAWN & GARDEN

Cemetery Committee Chairman, Terry Dodds reported the committee met this past week. Dodds noted there was not a quorum, so those present discussed the One Thousand Four Hundred Dollar ($1,400) estimate from Boehm’s Lawn & Garden for removing some trees and replacing another one. Dodds said the new tree would cost Two Hundred Dollars ($200). Dodds stated since the meeting, the wind storm came through and knocked down one of the pine trees leaving the stump. Dodds said the cemetery guys took the stump down to make if feasible. Dodds noted Boehm’s added the stump into their bid making it a total of One Thousand Four Hundred Fifty Dollars ($1,450). Millslagle asked if that estimate included all the trees and a new tree, and Dodds said yes. Thurman stated this estimate was with the city doing the clean up, and Dodds said Boehm’s are only felling the trees and replacing the one (1), and the city will do the rest.

Wilson MOVED TO APPROVE HAVING BOEHM’S LAWN & GARDEN REMOVE TREES IN THE CEMETERY AND REPLACE ONE (1) TREE AT A COST NOT TO EXCEED ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($1,450). Albers SECONDED, AND THE MOTION CARRIED WITH AN ALL “YEA” ROLL CALL VOTE AS FOLLOWS: 8 YEAS – Albers, Cox, Dodds, Dutton, Millslagle, Schuman, White, & Wilson; 0 NAYS; 0 ABSENT.

11. DISCUSS CHARGING FEES FOR COMMERCIAL USE OF CITY DUMP

Dutton reported the Ordinance Committee met and after that he had spoke with City Attorney, Charlie Burton regarding this issue. Dutton stated it was the general consensus of the committee that there should be a fee to use the city dump for trees, limbs, brush, etc. for those using it to conduct business. Dutton said Attorney Burton thought it would be a good idea to have only one (1) key.

Dutton noted the committee talked about a tree service company wanting to use the dump will have to purchase a blanket permit and then every time they want to utilize the dump, they will have to pay a fee per trip. Dutton stated this is only for trees, limbs, grass clippings, brush, etc. Dutton noted the committee started with three (3) different types of permits depending on the sizes, then got it down to two (2).

Dutton reported he likes everything about this because the city is not singling out any one (1) company. Dutton stated the city will not get rich on this either, but it will help the city maintain the dump. Dutton said there will be guidelines and those having permits will be signing off on the guidelines. Dutton noted this is just about a fair way that he could come up with. Wilson stated it costs the city about Six Thousand Dollars ($6,000) per year to maintain the dump and he thinks the city needs to recoup some of that because right now we are subsidizing others business.

Mayor Lunt said he will get with Attorney Burton to get this put in contract form. Albers wanted to make sure there was something in there where the people understood the brush, limbs, etc. were to come from city residents only and nothing from outside the city limits. Mayor Lunt noted it does say city residents only. Dutton said the only reason it might not be is if we had something catastrophic come through. Discuss & Consider Ordinance to Charge Fees for Commercial Use of the City Dump will be placed on the next council agenda.

12. DISCUSS STORM WATER DRAINAGE ON MASON STREET

Millslagle reported he is not sure where the library will drain when it rains, and Thurman said it will drain to the south side of Mason Street. Dodds stated he thought there was supposed to be a retention pond so they could reuse their own water. Thurman noted there is a retention wall down there but he is not sure how much it will hold. A discussion followed. Mayor Lunt stated the council might have to revisit this after the construction is completed and we get a rain.

13. COUNCIL MEMBER & OFFICIAL’S REPORTS

Water Committee Chairman, Kent Cox called for a Water Committee meeting on December 16th, at 6:30 p.m., to Consider Leak Adjustments and Update on the Piping at Hilltop.

RUSHVILLE CITY COUNCIL MINUTES, CONT. December 2, 2013

Superintendent of Operations, Brad Thurman reported the sound system has been started again. Thurman noted some of the speakers are up. Thurman said they told him they would be in town to start work today and they were.

Thurman also reported the LED lights on the big tree are a very nice improvement. Thurman stated it has taken quite a bit of strain off of the electrical supply in Central Park. Mayor Lunt noted it looks nice too.

Mayor Curt Lunt reported he received a letter from Joe Sullivan of the USDA office on September 19th wanting the dam report on the maintenance, operations, and emergency action plan. Mayor Lunt said from there he alerted Wilson on this and they both decided to ask ESDA Director, Richard Utter for help. Mayor Lunt noted before getting with Utter, he got a call from Paul Mauer telling him not to do anything until he hears back from him. Mayor Lunt stated he got another letter last week telling him this has to be done, and it has to be done by December 13th. Mayor Lunt reported he called Mauer today and was told the operations and maintenance was done for the year, but the emergency action plan is something new. Mayor Lunt stated this plan is a study on what would happen if the dam broke and water went to the valley.

Mayor Lunt noted the city is a Class 2, which is an intermediate dam that will not hurt any homes, but the study needs to be done and could cause the city to go to a Class 1 dam. Mayor Lunt stated he talked with Sullivan and asked him who would do this type of study and he said an engineer would have to do it. Mayor Lunt said he called Bill Sleeman of Benton & Associates because he has done Jacksonville’s, and another community’s study. Mayor Lunt reported Benton’s can do the study for Three Thousand Five Hundred Dollars ($3,500). Approve Benton & Associates to do the Dam Study at a Cost Not to Exceed Three Thousand Five Hundred Dollars ($3,500) on the next council agenda.

Mayor Lunt stated he called Hutchison Engineering regarding any grant money for the restoration of LaFayette Street. Mayor Lunt noted there are some IDAP grants out there and there is a good possibility the city could get the grant. Mayor Lunt said Jim Burke of Hutchison’s will run some numbers and then Mayor Lunt will get back with him. Mayor Lunt noted this would be an 80/20 grant.

Mayor Lunt stated we would be looking at losing a certain amount of brick. Cox said the intersections would probably be concrete like they are on the square. Mayor Lunt noted he thought a way to stretch the bricks would be to make the flag by the curbs three feet (3’) instead of twelve feet (12’). Mayor Lunt said he also thought of just having the driving lanes brick.

Mayor Lunt reported he has made several phone calls and e-mails with Sternberg on the banner poles and he is not very happy with them. Mayor Lunt said he sent them a picture of how we have made it work and they said that looks like how they would fix them. Mayor Lunt stated if they cannot fix the problem, he does not want to purchase street signs from them. Mayor Lunt said they guarantee their workmanship for five (5) years, so he sent them a copy of the diagram that we had from the engineers. Mayor Lunt noted he is still fighting and will continue to fight.

Mayor Lunt also reported he saw where the liquor licenses were discussed at the Ordinance Review Committee meeting last week. Dutton stated he talked with Attorney Burton to see about amending some of the ordinances we have, doing away with the Special Event license for those having a tavern license, and adding an ordinance where taverns can be open seven (7) days a week for a price. Dutton said Attorney Burton said that did not need to be done by ordinance because the liquor commissioner can do it.

Mayor Lunt asked what the committee and council were thinking regarding fees, hours, etc. Mayor Lunt noted this would be an addendum to the Class A license and there will still only be three (3) available, the license holders can chose which class they wish to purchase. Dutton noted Attorney Burton does not want to do away with the Special Event license because it can be used for Cornfest, etc.

Dutton stated he does not feel taverns should be open before noon on Sundays in respect of religious beliefs and they should be closed by 10:00 p.m. Mayor Lunt asked if everyone agreed with the opening hour being noon, and Millslagle said he does not agree, and thinks if they can be open on Sunday, it should not be until 1:00 p.m. A discussion followed regarding increasing the costs of liquor licenses. Consensus of the council was to increase the licenses to the following:

Class A – Tavern – from $1,000 to $1,500

Class A2 – Tavern (7 days per week) - $2,500

Class B – Package – from $600 to $900

Class C – Beer & Wine – from $350 to $500

Class D – Club Room – from $50 to $500

Class E – Supper Club – from $800 to $1,000

Class F – Golf Course – from $350 to $500

Council Member, Don Schuman said he does not feel the golf course license should be raised because they struggle to make it anyway. Cox stated the city cannot discriminate by not raising their own license. Albers noted he feels very strong about the Club room being raised to Five Hundred Dollars

RUSHVILLE CITY COUNCIL MINUTES, CONT. December 2, 2013

($500). Dutton stated he does think the Club license is proportionately fair and if anyone wanted to scream discriminations that would be it. Albers noted the Moose is the only Club license and they do serve food to the public on the weekends, and Schuman said just Friday nights.

Mayor Lunt reported the class A2 license holders could be open every Sunday but they do not have to be. Mayor Lunt stated the council had run Chasers Tap and The Toad Stool through a trial period on the Special Event license and wondered if the Class A2 license would go to everyone that applied. Dutton said it should be especially since the city has not had any problems with anyone having a Special Event license so there should not be any reason not to allow them to purchase the Class A2 license. Dutton noted if problems arise, then their license can be taken away. Mayor Lunt stated all of the prices and the new Class A2 will be effective May 1st. A discussion followed regarding not allowing anyone other than employees into the establishment until noon.

Albers wondered if the council wanted to look into raising the Music & Amusement Device licenses now also. Mayor Lunt said it did not matter to him, but asked if the council wanted to look at the price of the Special Event license while we were looking, and Wilson noted this was just put in last year and thinks it should be left alone. A discussion followed regarding the video gaming machines.

Mayor Lunt reported he would like to adjourn to executive session to discuss possible litigation – 5 ILCS 120/2 (c)(11).

Cox MOVED TO ADJOURN TO CLOSED SESSION TO DISCUSS LITIGATION – 5 ILCS 120/2 (c)(11). Dodds SECONDED, AND THE MOTION CARRIED WITH AN ALL “YEA” ROLL CALL VOTE AS FOLLOWS: 8 YEAS – Albers, Cox, Dodds, Dutton, Millslagle, Schuman, White, & Wilson; 0 NAYS; 0 ABSENT. OPEN SESSION STOOD ADJOURNED TO CLOSED SESSION AT 8:12 P.M.

RETURN TO OPEN SESSION

Open Session reconvened at 8:24 p.m. with the following present: Mayor Curt Lunt; Council Members – Albers, Cox, Dodds, Dutton, Millslagle, Schuman, White, & Wilson.

14. ADJOURN

Dodds MOVED TO ADJOURN. White SECONDED, AND THE MOTION CARRIED WITH AN ALL “YEA” ROLL CALL VOTE AS FOLLOWS: 8 YEAS – Albers, Cox, Dodds, Dutton, Millslagle, Schuman, White, & Wilson; 0 NAYS; 0 ABSENT. THE MEETING STOOD ADJOURNED ACCORDINGLY AT 8:25 P.M.

Minutes submitted by,

Curt Lunt, Mayor

_______________________

Date Minutes Approved

f:\winword\council\minutes\13-12-02

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