Carbondale Reporter

City of Murphysboro City Council met Feb. 12.

Here is the minutes provided by the council:

Mayor Stephens called the meeting to order at 6:02 p.m. and lead the council in prayer. Following the invocation, Mayor Stephens led the council in the Pledge of Allegiance to the flag. Mayor Stephens then directed City Clerk Hunziker to call the roll. The roll was called with the following:

Present:Jance Curry-Witzman, Russell Brown, Herb Voss, Gary McComb, John Erbes, Dan Bratton, Mike Bastien, Gloria Campos, W.J. Pittman

Absent:Barb Hughes

Mayor Stephens swore in Patrolman Timothy Bishop.

The council then reviewed the minutes from the previous meeting.

Alderman Bratton requested the following correction: Page 2, Budget & Finance under New Business, in the next to last sentence, change “…return on the water.” to “…return on the sewer…”.

Motion: To approve the minutes of the January 22, 2019, council meeting. All aldermen received a copy of the minutes, for their review, prior to the meeting.

Motion by Alderman McComb

Second by Alderman Brown

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Alderman Bratton inquired as to:

#746 page 5 Greater Egyptian – we pay annually? No, up for renewal, this is the city’s 1/3 of the cost for renewal. Alderman Erbes asked for how many years? If approved, for 20 years.

#746 page 7 Two bills for sewer main repair? Go to the developer? Yes.

#746 page 7 James – clean the shooting range? Had not been cleaned in a long time, will be paid out of the range.

Alderman Campos inquired as to:

#746 page 3 Brown Electric? Claim has been made, will be reimbursed.

#746 page 2 Reset cables? Overhead door in the shop, belt wore out.

Mayor Stephens stated that the city puts up ballards by the traffic lights, if there are other sites that need them, put them up for protection.

Motion: To approve the accounts payable, register #745 & #746 through February 12, 2019, accounts receivable through January 31, 2019, and payroll through January 31, 2019. All Aldermen received a copy of the accounts payable, accounts receivable and payroll for their review, prior to the meeting.

Motion by Alderman Bratton

Second by Alderman McComb

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Mayor Stephens then recognized Superintendent Chris Grode:

Superintendent Grode stated that next Wednesday, February 20, at 6:00 p.m. in the High School Library, there will be a meeting to discuss the use of the County Facility Sales Tax. He would like input from the city leaders. Currently they have completed the new High School auditorium and entry way and installed an elevator at the Middle School. Alderman Bratton asked if the money can be spent on the facilities only? Yes. Such as a new scoreboard for the football field? Superintendent Grode stated the High School needs a new track and press box, so that would go along with that. Alderman Bratton then asked if additional property could be purchased with these funds? Superintendent Grode replied he does not think so, that would have to go to a referendum.

COMMITTEE/COMMISSION REPORTS

Alderman Pittman opened discussion for Budget & Finance related items.

Old Business: Nothing at this time.

New Business:

Financial Reports prepared and presented by Scott Evans, Budget Officer: The Balance Sheet as of 12/31/18 showed a decrease in debt of approximately $900,000 and a slight decrease in equities. The Income Statement as of 12/31/18 showed a General Fund surplus, deficit in Motor Fuel due to the Overlay Project and a deficit in the Water/Sewer fund, which is a little concerning and will be looking at that very closely in the next couple of months. Mayor Stephens asked if it could be attributed to passing the ordinance to pass on the amount from the Kincaid increases and that was only recently enacted? Mr. Evans stated that ordinance was as of January 1st. Alderman Pittman asked if there was a large increase in depreciation, with the sewer and water plant? Yes, for a full year.

Consideration of Transfer of Funds for Investment at Raymond James: Mr. Evans stated that in an effort to get better rates of return, he would like to buy higher yield CD’s. Would like to do $300,000 that is in the General Fund, can do an in-house transfer. Alderman Bratton asked if it is out of the General Fund? Yes. He then stated it could be used to pay off the outstanding loans. Mayor Stephens asked if the local bank would protest such a transfer? Mr. Evans stated we still have a lot of money at the various local banks. Alderman Pittman asked if this is funds already at First Mid? Yes.

Motion: To transfer $300,000 of funds for investment at Raymond James.

Motion by Alderman Bratton

Second by Alderman Campos

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Status of Project Reimbursement: Alderman Bratton asked if the city has been reimbursed? Mayor Stephens stated he has spoken to Ryan Rawson, who has filed a claim with his insurance. Suspect that it will be denied then will have to make the request of the developer. The taxpayers deserve to be reimbursed but it is a balancing act. The hotel bids are due in this week. Does the council want to set a deadline? Alderman Erbes asked if the city has billed Koppeis? Yes, for approximately $150,000. Alderman Bratton asked when it was sent. It was sent at the end of November, he would like a complete bill. The final bill was sent after the first of the year. Alderman Pittman stated it has only been approximately 30 days. Alderman Bastien added that it does take some time. Alderman Bratton stated he would like the city to be paid before they start building, the beginning of April. Alderman Campos suggested we wait until they hear back from their insurance, then give them 60 days. Alderman Pittman added we need to keep the communication open. Alderman Voss stated he likes that it is on the agenda and would like to keep it on as a reminder. Mayor Stephens stated that the developer has stated he will make sure we are taken care of. Alderman Erbes stated he would like a breakdown of what has been billed. Mayor Stephens thanked Ms. Ripley and Mr. Lee for keeping such good records.

No public comment.

Alderman McComb opened discussion for Building & Grounds related items.

Old Business:

Discussion regarding garbage disposal vehicles: Nothing at this time. Will put on the agenda again in a couple of months. Alderman Erbes asked if we can solicit proposals without bids? Alderman Bastien stated that he has received mixed feelings on this issue from his constituents. Alderman McComb stated this will give everyone a chance to talk to people in their wards. Alderman Erbes stated and to see if anyone is interested. Alderman Campos suggested putting a note on the water bill asking people if they like the idea? Alderman Bastien suggested public hearing? Mayor Stephens stated that both are good ideas, to gauge public opinion, maybe vote on the city’s website and have a public hearing. Alderman Bratton asked if there has been any interest in bidding? Alderman Voss stated will need to be careful how it is phrased. Does like the idea of a public meeting, it can be a complex issue. Alderman McComb stated the bid before was for five years, broken down by year. Can leave the pick-up in the alley or where ever it is now.

New Business:

Discussion regarding the Sewer Line on South 20th Street: Alderman McComb stated it starts at the first alleyway on the left past Spruce going south. If we lose it, it will go straight to the sewer plant. The pipe is in bad shape, would like to give Mr. Sheffer permission to get bids. Mayor Stephens added that South 20th Street needs to be fixed but not until the sewer is fixed, support doing that. Alderman McComb stated need to find out the cost to blacktop and milled down after the sewer line fixed. Alderman Bratton asked the size? Eighteen inch line.

Motion: To proceed with Blankenship getting bid specification for replacing the sewer line with the company responsible for compaction.

Motion by Alderman Bratton

Second by Alderman Bastien

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Mr. Sheffer stated that they typically do a cost estimate first, it does not need an EPA permit. Will want to advertise to get bids. Need a cost estimate? Alderman McComb stated no, get bids has to be done. Mayor Stephens agreed that we need to do it, would like to see cost estimate first. Mr. Sheffer stated he will have a cost estimate at the next meeting. Mayor Stephens stated he would like to know the general cost before bids. Alderman Erbes stated that it makes sense to get cost estimate first. Alderman Bratton added it has to be fixed. Mayor Stephens asked the impact of where we pay for it out of? Mr. Sheffer stated that with an EPA loan, would not be considered until next year. Alderman Pittman stated put out proposal for bids and get a cost estimate. Mr. Sheffer stated it is 30-45 days for the bid process. Alderman Voss stated see the information then start the bid process? Alderman Bratton stated can do a phone poll, have in the past.

Motion: To amend the previous motion to include putting out the project for bid.

Motion by Alderman Bratton

Second by Alderman Bastien

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Public comment: Mr. Mitch Murphy asked if the sewer line is a straight line? Mr. Lee replied that this one is not a candidate for that. Mr. Sheffer added that it is a very old line.

Recognized Scott Strack, Dan McClure and Ted Rose: Mr. Strack stated that we now have an Illinois State High School Clay Target team, twenty kids have signed up. They have to limit it to twenty kids because there is only a single track facility. They can recruit down to 6th grade. They do not have the facilities needed for this. He had a discussion with Mayor Stephens and Chief Ellermeyer regarding developing a trap field at the existing range. All coaches and volunteers are certified and have their own insurance. The kids have to pass the hunter safety course. Alderman Campos asked if the Chief was ok with the idea? Yes, feels it is a good idea. Alderman Campos asked if they need special equipment? Mr. Strack replied yes, they have to build a trap house, release, etc. There is some grant money available to develop this, may be able to have the High School Building Trades class help with the concrete and building work. Alderman Bastien stated he thinks it is a great idea and asked how does their insurance work with the city’s? Mr. Strack stated it covers everyone. Mayor Stephens then asked for Attorney Heller’s opinion. Attorney Heller stated that they will need an indemnity clause since it is city land, will check if $2 million is enough. Mr. Strack stated that safety is their number one priority, explained the kids have been told they have 2 strikes. This has been around since 2001 with no accidents. Attorney Heller asked the cost to build? Mr. Strack stated the thrower is $7800, the release $1800, a little concrete and a trap house. The season is nine weeks and the cost is $200 per student. Alderman Bratton asked if this is a school function? Mr. Strack replied yes, it was approved by the School Board, they can letter in it and all will participate, unlike other sports. Alderman Campos asked if any other schools practice at their police range? Mr. Strack stated the other schools use Sparta or Rend Lake. Alderman Erbes asked about parking. Chief Ellermeyer stated he and Mr. Mills are looking at that. Alderman Bastien asked if the Mayor could email the Mayor’s Association and ask about using the range on city property? Yes. Attorney Heller stated they will have an indemnity agreement with the school. Superintendent Grode stated that they are hitting a demographic of kids that are not in anything else. Mr. Strack stated they are non-traditional athletes.

Alderman Erbes opened discussion for Community Relations Committee related items.

Old Business: Nothing at this time.

New Business:

Consideration of Application for 5K – Saturday, June 1st for Relay For Life:

Motion: To grant the application for 5K on Saturday, June 1st for Relay For Life.

Motion by Alderman Bratton

Second by Alderman McComb

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Consideration of Request by Murphysboro Cruise Nights for Street Closures and Personnel Assistance: Mr. Josh Sayer stated it will be for the same streets they have always used. Would also like the use of the fire hydrant in July for water fights like there used to be at the Apple Festival. He has spoken to Chief McBride and it seems like he is on board. Asked if for one month could close down a small portion of Walnut Street. That is a state route. Mayor Stephens stated we can close it, there is a process to go through. Mr. Sayer stated it would only be from 5:00 pm to 9:00 pm, from 11th Street to 13th street. Mayor Stephens responded that due to the truck detour, would want to consider closing most of Walnut. Alderman Erbes is concerned with the water fights in case of injury who is liable? Charlie stated he does not recall any injuries. Mr. Sayer stated that Aison has teamed up with them, they will be having some visitors from Japan and they like all things related to fire trucks. He will table the closure of Walnut Street for now.

Motion: To grant the request of the Murphysboro Cruise Nights for the street closures, personnel assistance and the water fights, April through September.

Motion by Alderman Campos

Second by Alderman Bastien

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Consideration of Request by Molly’s Pub for street closures:

Motion: To approve the request by Molly’s Pub for street closures from Walnut back to Locust on March 16th.

Motion by Alderman Pittman

Second by Alderman Campos

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Consideration of Request by Rachel Ensor for street closures for Oak Street Art Fair:

Motion: To approve Request by Rachel Ensor for street closures for the Oak Street Art Fair on April 27, 2019.

Motion by Alderman Bratton

Second by Alderman Campos

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

No public comment.

Alderman Bastien opened discussion for Public Improvement related items.

Old business:

Discussion regarding condition of property at 102 North 10th Street: Alderman Bastien stated the windows are now boarded up. Mr. Mitch Murphy stated he has had to wait until his grandpa’s estate was taken care of. It is now in Mitch’s name. Windows have been purchased and it is getting fixed up. The electric is new and up to code. The outside still looks rough. Alderman Bastien asked if the windows could be covered with white paper until the inside is cleaned up? Mr. Murphy stated yes. Mayor Stephens asked what the concept was for what they were wanting to do with the building? Mr. Murphy stated his grandpa originally wanted to put apartments upstairs and a business on the first floor. Alderman McComb stated that two blocks over is the Laclede Building and there is also the Old Depot, both need something done with them. Alderman Bastien stated he will have that put on the next agenda.

New business: Nothing at this time.

No public comment

Alderman Bratton opened discussion for Public Works related items.

Old business: Nothing at this time.

New business:

Discussion regarding flooding at 802 Somerset Street: Correct street address is 809 Somerset, not 802. Recognized homeowner Casey Tanner: She has lived there two years, there is no drain there, it backs up in the yard and goes into the basement. The neighbors have the same issue. Also the water is pushing in her retaining wall. Attorney Heller asked if it is plugging up in the North? Mr. Mills stated that Bost did some leveling, ditches ran east and west. Checked it out today. The issue is going north is flat, no way to lower it, it goes back to the High School. Mayor Stephens stated the city needs to pursue legal action against Charlie Ruble, a lot of issues go back to that issue. Attorney Heller asked eminent domain? Does not know if we have a legal issue. Asked if he has done something to create it? Mayor Stephens stated he will not allow access. Attorney Heller asked do we think we have eminent domain? Alderman McComb asked if Mr. Ruble is responsible for the ditch? It is the county’s. Mayor Stephens stated need long narrow stretch for access. Attorney Heller stated need to sit down and get oriented. We do have the power to compel him to give us what we need – easement possibly. Alderman McComb stated he has the tape of the aerial view. Mayor Stephens stated he will meet with Attorney Heller. Ms. Tanner then stated she has three sump pumps, this has happened before, she cannot put anything in the basement. Alderman Voss asked if statements from residents are needed? Attorney Heller stated need to be told at council meetings.

Consideration of Groundwater Ordinance: Attorney Heller asked to table until the next meeting, the ordinance needs to be cleaned up a little. Alderman Pittman commented on the wording “this supersedes anything on file”. Table until next meeting.

Consideration of declaring old street signs as surplus property: Mayor Stephens stated there are 100+ old signs, he has a list. If there are people interested in buying the old signs, maybe that money could be donated to the Food Pantry or something. They take up a lot of space. Alderman Bratton suggested putting something on the marquee. Mr. Clove stated he would give $50 for them.

Motion: To declare the old street signs as surplus property.

Motion by Alderman McComb

Second by Alderman Pittman

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Discussion regarding Annexation: Alderman Bratton stated if we annex more, funds received are based on population, maybe form a committee. Attorney Heller stated there are a lot of things that go into an annexation. Wal-Mart was a specific goal. There are several areas for annexation, for example Route 127 North, Harrison, New Hill, Wolf Hill, Country Club to the river, Stave Mill Road. Would also need to determine what infrastructure is needed. Have to have >50% of landowners and >50% of registered voters for it first. You have to politically change their minds. The costs are big – legal fees, sewers, etc. There are a lot of people to talk to and petitions to get signed. Need to develop a plan. Mr. Sheffer stated he has some information on cost, will get it out. Attorney Heller stated you will have to show them what they will get out of it. Mr. Evans stated currently the city receives $145 per census person per year – there are four taxes the city gets by census count. If a business is annexed, would get sales tax. Attorney Heller stated to start with a committee, put together options. Mr. Evans stated there are two focuses: mass annexation and voluntary annexation? Attorney Heller stated it has to be contiguous. Alderman Bratton stated he would like to see the North side of the road from the airport to the west, be annexed. Attorney Heller stated that would mean the lift station would be involved. Stated he would like to know how much sales tax is generated by the used car lot. Mr. Evans stated tax on cars is different, just 6-1/4%. The only way to know is to petition the owner to authorize us to look at their records. Alderman Bastien asked if he was talked to at the time of Wal-Mart? Attorney Heller replied yes and they did not want to. The lift station was involved, was costly. Alderman Pittman asked how long is the process, could it be done in time for the next census? Attorney Heller stated identify the biggest population, might be able to get that done. Mr. Evans stated that the community can appeal a census but it is costly.

No public comment:

Alderman Brown opened discussion for Public Safety related items.

Old business: Nothing at this time.

New business: Nothing at this time.

No public comment.

Mayor Stephens opened discussion for Personnel related items.

Old business: Nothing at this time.

New business: Nothing at this time.

No public comment.

MAYOR’S REPORT

Angelo Fiorino spoke to the council: The Chamber is getting ready for St. Patrick’s Day festivities. They are also looking into Coffee with the Mayor, to help get information out in front of the people.

Consideration of Approval of Liquor License for Martel’s Pizza: Mayor Stephens asked if Mr. Rushing would like to speak to the council, he stated he had presented everything at the last meeting, unless there were any questions.

Motion: To approve the Liquor License for Martel’s Pizza.

Motion by Alderman Pittman

Second by Alderman Campos

Mayor Stephens called for a voice vote. All were in favor except Alderman Curry-Witzman.

Motion Carried

Update on Mobile Ranch Mobile Home Park: Mayor Stephens has spoken with the new manager, met with him Saturday. They discussed the various issues concerning the trailer park. Will meet with the different departments and with them to address the particular problem properties. Alderman Pittman asked if this was a new manager? Mayor Stephen answered yes, he has a construction background.

Update on the settlement agreement regarding the Brown Shoe Factory Property: Attorney Heller stated pushing for closure, have not gotten the better estimate yet. He told her lawyer it may be set for demolition court. Mrs. Hohman is prepared to go with Rawson if she cannot get a commitment by the 22nd. Attorney Blake is preparing the paperwork. Mayor Stephens stated he prefers to set for trial. Attorney Heller stated that could be done by May or maybe quicker. Mayor Stephens stated he is no longer concerned with recouping anything, we have worked with them for a long time. If we set it for trial, will it motivate them? Can we walk back from it? Attorney Heller replied that we can walk back. Mayor Stephens stated he does not want to go to trial but that may be the strongest motivator. Attorney Heller stated you do not want to become owners of an environmental mess. Alderman Bratton asked if we take it to court and can take it down, are we exposed? Attorney Heller stated not until the work is done. If we get the order for demolition, contract for the backhoe, anything that is released, we are liable for. Alderman Bratton then stated he preferred to wait the ten days. Mayor Stephens stated he is trying to explore all avenues. Alderman Pittman asked if the demolition order is processed, can we then sue the property owner for the cost? Attorney Heller answered yes, it is different from getting a mortgage on the properties. Alderman Voss stated that this is the first time we have had a date, give it until the next meeting. Alderman McComb stated that we do not want to own this property, there is the potential asbestos issue. Alderman Pittman then asked if going to trial will push them the other way? Mayor Stephens stated we will wait the ten days.

Motion: To go into executive session at 8:18 pm to discuss minutes of meetings lawfully closed under the Act 5 ILCS 120/2(c)(16) either for purposes of approval by the body of the minutes or semi-annual review of the minutes as required by the Act.

Motion by Alderman McCombSecond by Alderman Bastien

Yeas: Alderman Curry-Witzman, Alderman Brown, Alderman Voss, Alderman McComb, Alderman Erbes, Alderman Bratton, Alderman Bastien, Alderman Campos, Alderman Pittman

Nays: None

Absent: Alderman Hughes

Motion Carried

Motion: To come out of executive session at 8:33 p.m.

Motion by Alderman BastienSecond by Alderman Erbes

Yeas: Alderman Curry-Witzman, Alderman Brown, Alderman Voss, Alderman McComb, Alderman Erbes, Alderman Bratton, Alderman Bastien, Alderman Campos, Alderman Pittman

Nays:None

Absent: Alderman Hughes

Motion Carried

Motion: To release the Executive Session Minutes of 2/27/2018 and 12/27/2018 and continue to hold the rest of the Executive Session Minutes.

Motion by Alderman McComb

Second by Alderman Bratton

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Motion Ca

ALDERMEN ANNOUNCEMENTS/REQUESTS

Barb HughesAbsent

Jance Curry-Witzman Nothing

Russell Brown Nothing

Herb VossWould like to be on the Annexation Committee.

Gary McComb Nothing

John ErbesAsked about fixing potholes on Walnut Street? That would be the responsibility of IDOT. Mayor Stephens stated he will write a Letter of Resolution to IDOT and copy Representative Terri Bryant concerning getting the entire length of Walnut Street resurfaced.

Dan BrattonJim Stewart is in Springfield at the Operator of the Year awards.

Mike BastienWould like to be on the Annexation Committee.

Gloria CamposThe streets by Penn Aluminum? They are State. Mayor Stephens will include it and Watson Road with his Resolution to IDOT.

W. J. PittmanReminded everyone about the Comprehension Plan meeting Wednesday. Mayor Stephens stated he would send out a text reminder.

Gina HunzikerBrian Schuman is picking up a lot of trash around town. Chief McBride found the person who had fallen at St. Andrew’s Sunday and provided assistance.

DEPARTMENT HEAD ANNOUNCEMENTS/REQUESTS

Ed Heller Nothing

Sandra Ripley Nothing

Harold Sheffer Nothing

CharlieNothing

Jamie Ellermeyer Nothing

Scott Evans Nothing

Tim Lee Nothing

Darrin MillsHave been patching the streets. This year is by far the worst. Also glad the council is passing on the cost of the dumpster for cleaning up yards.

Motion: To adjourn

Motion by Alderman McComb

Second by Alderman Bratton

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Meeting adjourned at 8:42 p.m.

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