City of Murphysboro City Council Met March 23.
Here is the minutes provided by the council:
The Murphysboro, Illinois, City Council met in regular session, pursuant to its ordinances. Mayor Stephens called the meeting to order at 6:04 p.m. and invited Alderman Hughes to 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: Barb Hughes, Jance Curry-Witzman, Russell Brown, William Pierson, Gary McComb, John Erbes, Dan Bratton, Mike Bastien, Gloria Campos, W.J. Pittman
Absent:
Special Recognition: Mayor Stephens recognized Darrin Mills and John Spradling for their commendable and courageous actions on February 15 upon seeing a house fire while snow plowing. They raised the alarm and took action to check the home, whose residents were home asleep, enabling them to escape the fire.
The council then reviewed the minutes from the previous meeting.
Motion: To approve the minutes of the March 9, 2021, council meeting. All aldermen received a copy of the minutes, for their review, prior to the meeting.
| Motion by Alderman Bratton | Second by Alderman Hughes |
Motion Carried
Alderman Bratton inquired as to:
#142 page 7 Summit Environment? Police & Fire Department building.
Alderman Campos inquired as to:
#139 page 1? Small business grant.
Motion: To approve the accounts payable register #139, 142 &143, through March 23, 2021. All aldermen received a copy of the accounts payable, prior to the meeting.
| Motion by Alderman McComb | Second by Alderman Hughes |
Motion Carried
COMMITTEE/COMMISSION REPORTS
Alderman Pittman opened discussion for Budget & Finance related items.
Old Business:
Discussion regarding Regulations and Zoning of Adult Use Cannabis Establishments: Alderman Pittman stated need to decide three things, the first should it be permit or special use. Alderman Campos stated she is against it being near a school, need to protect our children. Mayor Stephens stated special use will have to go before the Zoning Board of Appeals. Alderman Bratton asked if allowed in residential area? Alderman Pittman stated no, only where we looked at previously. Alderman Pierson stated only eligible area is Route 13 towards Carbondale or Industrial Park, not Walnut Street, had read not within 1500 feet of a residential area. Attorney Blake stated there are no footage requirements right now, only specifics are they cannot be within 1500 feet of each other. Alderman Pittman stated should include distance from school in the ordinance. Mayor Stephens stated alcohol is 100 feet from church or school, think 1000 feet is good and a special use permit provides another level of scrutiny. Alderman Bratton stated he is still against it, kids will still find it, just like alcohol. Think it is all about the money. Alderman Pittman stated could figure out the structure for an ordinance to be drawn up by the attorneys. Alderman Campos stated drug-free zone is 1000 feet from schools, park, etc. Alderman Hughes asked what the three things are that need to be decided. Alderman Pittman stated the first is permit or special use, he is okay with special use, more oversight and would be decided on an individual basis. Attorney Blake stated Industrial, B2 and B1 Commercial except Walnut Street from 9th to 22nd and one block north and south of. Alderman Bastien stated should be special use and 1000 feet from school, etc. Need to include Sheriff and Police Departments. Mayor Stephens stated it is in residential area so should be okay. Alderman Pittman stated very limited areas. Alderman Bratton stated how many can there be? Mayor Stephens stated Fairview Heights limited it to one so can limit that. Alderman Campos asked about cost? Mayor Stephens stated we can charge anywhere from $0 to $15,000. Alderman Pittman stated had discussed with the mayor, possibly $1000. Mayor Stephens stated initial should be more and then have a renewal fee. Alderman Pittman stated the second item is to put in protections for churches and schools, 1000 feet from them? Mayor Stephens stated need to be consistent. Alderman Hughes stated need to be the same for churches and schools. Mayor Stephens stated he is personally not a supporter of this, conflicted because the Referendum vote was two-thirds for it. Attorney Blake stated need to address all types. Right now prohibition will end May 12. Alderman Erbes stated would like to see a map of where it will be allowed. Alderman Bastien stated include daycares. Alderman Erbes asked if we can prohibit it? Attorney Blake stated not a medical marijuana dispensary, this is adult use. Alderman Erbes stated do not want to create a zone that makes it impractical. Alderman Pierson asked how many voted on the referendum. Do not feel we should allow it. Mayor Stephens stated if someone wants to put a prohibition on the agenda they can do so. Alderman Pittman stated the third item to decide is permit fees. Alderman Hughes asked what the proposed ordinance says. Attorney Blake stated it is very basic, fee for Adult Dispensary $1500 and $250 for all others. Alderman Campos stated that on the referendum 1832 voted yes and 1101 voted no. Alderman Pierson asked if can later prohibit sales? Attorney Blake stated yes.
Motion: To Approve Adult Use Cannabis Dispensaries only, to be allowed in Highway Business, Community Business and Industrial Zones excluding one block north and one block south of the 900 to 2200 Block of Walnut Street. Also would not be allowed within 1000 feet of schools, churches and daycares. Initial license fee of $3500 and $1500 renewal fee in subsequent years.
Motion by Alderman Hughes Second by Alderman Erbes
Mayor Stephens called for a roll call vote.
Yeas: Alderman Hughes, Alderman Curry-Witzman, Alderman Brown, Alderman McComb, Alderman Erbes, Alderman Bastien, Alderman Campos, Alderman Pittman
Nays: Alderman Pierson, Alderman Bratton
Motion Carried
New Business:
Presentation of Financial Reports by Scott Evans, Budget Officer: Mr. Evans stated this has been the best March for the State Income Tax Report. Tax deadline has been moved to May 17, will see a spike in June, next two months may be lower. For the General fund Operating Expenses vs. Budget, are running under budget due to not having a three-month payroll yet, waiting on contract ratifications but mainly due to the $300,000 grant received.
Presentation by Bruce Wallace regarding Energy Aggregation Agreement: Mr. Wallace stated the current agreement with AEP energy expires in May. Is seeing increases on a weekly basis, municipal aggregation was done last fall. Presented 12-24-36 month offerings. Homefield was the lowest. Alderman Pittman stated he would expect a longer term to be lower but if we go with 12 months, it may be more after a year. Alderman Erbes asked if he thought the rates will be going higher? Mr. Wallace stated over time it looks like it will be going up, would suggest the longer term.
Motion: To Approve the Energy Aggregation Agreement with Homefield Energy for 36 months.
Motion by Alderman Erbes Second by Alderman Campos
Mayor Stephens called for a voice vote. All were in favor except Alderman Bratton.
Motion Carried
No public comment.
Alderman McComb opened discussion for Building & Grounds related items.
Old Business: Nothing at this time.
New Business:
Opening and Consideration of Cemetery Maintenance Bids: Mayor Stephens stated two bids were received. Changed the bidding requirements to submit one bid to mow both cemeteries for twelve months. The first bid was from C. David Mason for $37,800.00. The second bid was from Randall Garth McBride for $35,700.00. Alderman Pierson asked about mowing experience. Mayor Stephens stated Mr. McBride has three references. Alderman Pierson stated no cemetery mowing references. Alderman McComb stated put it out to be re-bid to get more bids, can give 30 day notice. Alderman Pierson asked what will be done if we run out of money? Mayor Stephens stated can appropriate more money, will recommend David Mason, a city employee, know he is dependable and reliable. Alderman Bratton asked if it is for one year? Yes. Alderman McComb asked if the bid amount was per year? Yes. Spread out over twelve months? Yes. Not going to run out of money. Alderman Hughes stated her concern is hiring an employee. Alderman Pierson asked if we can legally hire an employee? Attorney Blake stated an employee can do it legally. Alderman Campos asked if Mr. Mason has a certificate of liability? Mr. Mason stated he can get one. Alderman McComb told Mr. Mason he will go with him the first time, there are a few that mow their own and show you where the pile of dirt is.
Motion: To Approve the Cemetery Maintenance Bid from C. David Mason for the amount of $37,800.
Motion by Alderman Pittman Second by Alderman Bastien
Mayor Stephens called for a roll call vote.
Yeas: Alderman Curry-Witzman, Alderman Pierson, Alderman McComb, Alderman Erbes, Alderman Bratton, Alderman Bastien, Alderman Campos, Alderman Pittman
Nays: Alderman Hughes, Alderman Brown
Motion Carried
No public comment.
Alderman Erbes opened discussion for Community Relations Committee related items.
Old Business: Nothing at this time.
New Business: Nothing at this time.
No public comment.
Alderman Bastien opened discussion for Public Improvement related items.
Old business: Nothing at this time.
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 the Wastewater Treatment Plant Road: Mayor Stephens stated we just finished the WWTP road, no formal name, it has been requested that we rename it to Stewart Lane after Jim Stewart, who was the primary driving force behind the new plant being built and keeping the old plant running. Alderman Pierson added that he is also a driving force in our community.
Motion: To Approve the Renaming of the WWTP Road to Stewart Lane.
Motion by Alderman Bratton Second by Alderman McComb
Mayor Stephens called for a voice vote. All were in favor.
Motion Carried
Update on IEPA funding Nomination for Water Tower Repairs: Mr. Sheffer stated the city filed last year for water tanks and water main repairs. Is a twenty-year loan, 1% interest, 50% loan forgiveness up to $400,000. Cost is $740,000 to repair two tanks, $825,000 funding request in case the costs go up. Mayor Stephens stated had a couple of leaks at the 17th Street water tank in the last six months, urgency is becoming more clear. Mr. Evans then spoke as to the monthly cost. Mayor Stephens stated he thought the loan forgiveness was guaranteed. Mr. Sheffer stated it is, should see the money next January/February, will be 50%. Alderman Erbes asked how does it work? Mr. Sheffer stated they issue the loan agreement and it will be stated in there, will then reduce the payment.
Motion: To Authorize Mr. Sheffer to go forward with the application process.
Motion by Alderman Bratton Second by Alderman Pittman
Mayor Stephens called for a voice vote. All were in favor.
Motion Carried
Consider Change of Approved Terms for R.O.W. Acquisition for 7th Street Project: Mr. Sheffer stated received certification that ROW has been approved. IDOT will send in for final approval. Attorney Blake stated the acquisition of Ellis property had two conditions: 1. Permission to inquire with the IRS regarding taxes owed 1999-2001, and 2. Sign Recapture Agreement if the IRS had a valid tax lien they will reimburse the city any amount they have to pay. Mr. Ellis has signed the first and the IRS showed no taxes owed, no valid liens. Mr. Ellis refused to sign the recapture agreement so suggest council make a motion to amend those terms and not require the recapture agreement be signed. Mayor Stephens stated he would recommend it, very low exposure.
Motion: To Approve the Change of Approved Terms for R.O.W. Acquisition for the 7th Street Project.
Motion by Alderman Bratton Second by Alderman Pierson
Mayor Stephens called for a voice vote. All were in favor.
Motion Carried
No public comment.
Alderman Brown opened discussion for Public Safety related items.
Old business:
Discussion regarding Allowing Chickens: Mayor Stephens gave a recap of the previous resident’s request that they would like to have hens and fresh eggs, to reconsider allowing them in town. Carbondale issued twenty permits total for coops. It was $25/year and $10 annually. I support it. Alderman McComb stated she lives on Peanut Hill, dead end road, if the neighbors don’t mind, can see certain areas allowing it, if the surrounding neighbors sign off on it, don’t have a problem with it. Alderman Bratton stated thinks we are opening a Pandora’s Box. Alderman Erbes stated she mentioned things like inspecting coops, don’t think have animal control to take care of. Alderman McComb stated draft an ordinance and if the neighbors sign off on it, can allow it? Alderman Pittman asked what if it is a renter not the home owner, who do we go to? Mayor Stephens stated Carbondale has rural residential based on lot size, etc., allow coop permits in those areas. Alderman Pittman stated we could make those restrictions without zoning. Alderman Curry-Witzman stated if we vote yes to keep it, will need to come up with something. Mayor Stephens stated can re-visit if more support for it.
Motion: To re-affirm the current stance/ordinance not allowing chickens in town.
Motion by Alderman Bratton Second by Alderman Bastien
Mayor Stephens called for a roll call vote.
Yeas: Alderman Hughes, Alderman Curry-Witzman, Alderman Brown, Alderman Bratton, Alderman Bastien
Nays: Alderman Pierson, Alderman McComb, Alderman Erbes, Alderman Campos, Alderman Pittman
Abstain: Mayor Stephen
Motion Tied
New business:
Consider Repeal of Ordinance Requiring Face Coverings: Mayor Stephens stated in August, 2020, the city adopted the ordinance for places of public accommodations, would be warned and/or fined if not wearing a mask. Several states have repealed their mask ordinance. Numbers have declined greatly and there is a large number of vaccinations. Ordinance says it expires when we reach Phase 5 or no cases. Alderman Pittman asked if any calls have been received? Chief Ellermeyer stated there were some early on but no one would sign a complaint and go to court. Alderman Campos stated two new cases on March 21, 2021. There is a mandate by the Governor, signs at schools and restaurants. City ordinance is redundant. Will never have zero cases, it’s a virus. Everybody knows the rules, we have a vaccine available. Businesses have been hurt to the point of no return. We owe it to our community to move back to a sense of normalcy. Mayor Stephens stated it would really be removing the potential for punishment. Would support this. Alderman Erbes stated our ordinance didn’t destroy businesses. Alderman Pierson stated the reason numbers are down is because of vaccinations, masks, social distancing, should still wear masks. Mayor Stephens stated June 3 is the date it will expire if the Governor doesn’t renew it.
Motion: To Keep the Ordinance Requiring Face Coverings.
Motion by Alderman McComb Second by Alderman Pierson
Mayor Stephens called for a roll call vote.
Yeas: Alderman Hughes, Alderman Curry-Witzman, Alderman Brown, Alderman Pierson, Alderman McComb, Alderman Erbes, Alderman Bratton, Alderman Bastien,
Nays: Alderman Campos, Alderman Pittman
Motion Carried
Public comment: Emily Moore stated the fungal spore Alderman Hughes referenced is in caves also, in soil, not just chicken coops, far less likely with small flocks. There have been studies done in large cities. Carbondale limits it to six, composting the waste, prohibits slaughter, requires vet care, appropriate disposal of dead animals and registry of owners. Suggests education of people getting permits, could have someone from SIU do an education piece, they are a great resource. Kids could participate in 4H with chickens. It deserves more research and she would be happy to do so. Mayor Stephens asked Ms. Moore to email him her information and he will share it with council members. Ms. Moore urged the council to reconsider. Could also share excess eggs with the Food Pantry. Carbondale does have a stipulation that you can’t be able to smell them from the property line. Alderman Campos asked that it be put on the agenda for the next meeting.
Alderman Hughes opened discussion for Personnel related items.
Old business: Nothing at this time.
New business: Nothing at this time.
No public comment.
MAYOR’S REPORT
Walk of Fame Update: Working with Angie Kiel and the Jackson County Health Department, to help create walkable and bike paths. Angie is working on a grant proposal, inlay gold apples in various places with community notables names.
Retaining Wall at 5th & Walnut Street: Working on this. Tech Assistance Grant how the wall could be rebuilt. Alderman Pittman asked if another mural could be put on it? Mayor Stephens stated another suggestion was for a metal Welcome to Murphysboro sign with back lighting and put in a usable sidewalk.
Consideration and Approval of Appointment of Aaron Barnett to the Historic Preservation Commission: Tabled, have not been able to meet with Mr. Barnett yet.
Committee Chairs: Planning on reshuffling those, let him know if anyone is interested in any.
ALDERMEN ANNOUNCEMENTS/REQUESTS
Barb Hughes Nothing
Jance Curry-Witzman Nothing
Russell Brown Nothing
William Pierson Nothing
Gary McComb Nothing
John Erbes Nothing
Dan Bratton Nothing
Mike Bastien Nothing
Gloria Campos Nothing
W. J. Pittman Nothing
DEPARTMENT HEAD ANNOUNCEMENTS/REQUESTS
Richard Blake Nothing
Leslie Mulholland Nothing
Scott Evans Nothing
Harold Sheffer Nothing
Steve McBride Nothing
Jamie Ellermeyer Nothing
Eric Kennedy Absent
Tim Lee Nothing
Brian Manwaring Nothing
Darrin Mills Nothing
Pat Gladson Nothing
Katharine Volle: Nothing
Leandra Bryant Nothing
Motion: To go into executive session at 8:08 pm for Act 5 ILCS 120/2(c)(2) meetings on collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees and for Act 5 ILCS 120/2(c)(11) meetings held to discuss litigation when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting .
Motion by Alderman McComb Second by Alderman Pittman
Yeas: Alderman Hughes, Alderman Curry-Witzman, Alderman Brown, Alderman Pierson, Alderman McComb, Alderman Erbes, alderman Bratton, Alderman Bastien, Alderman Campos, Alderman Pittman
Nays: None
Motion Carried
Motion: To come out of executive session at 8:20 p.m.
Motion by Alderman Hughes Second by Alderman Campos
Yeas: Alderman Hughes, Alderman Curry-Witzman, Alderman Brown, Alderman Pierson, Alderman McComb, Alderman Erbes, Alderman Bratton, Alderman Bastien, Alderman Campos, Alderman Pittman
Nays: None
Motion Carried
Motion: To resume regular council meeting 8:20 p.m.
Motion by Alderman McComb Second by Alderman Erbes
Mayor Stephens called for a voice vote. All were in favor.
Motion Carried
Motion: To Approve the FOP Bargaining Agreement as presented.
Motion by Alderman McComb Second by Alderman Bastien
Mayor Stephens called for a voice vote. All were in favor.
Motion Carried
Motion: To adjourn.
| Motion by Alderman McComb | Second by Alderman Brown |
Motion Carried
Meeting adjourned at 8:21 p.m.
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