Regular Board Meeting of 22 May 2006
MINUTES OF THE REGULAR BOARD MEETING OF 22 MAY 2006 06C-0201 – CALL TO ORDER Mayor Tom Brusch called the regular meeting to order at 6:30 p.m. in the Board Chambers at 312½ North Main Street on 22 May 2006. 06C-0202 – ROLL CALL Upon roll call the following members were present: Greene, Lincoln, McCoy, Murdock, Murphy, O’Keefe and Brusch 06C-0203 – ESTABLISHMENT OF QUORUM Mayor Brusch announced a quorum of Board members present to conduct city business. 06C-0204 – REPORTS OF STANDING COMMITTEES Garbage Committee – Greene reported a meeting was held on Monday. The committee visited restaurants. A follow up letter will be sent to some directing them to clean up their area. 06C-0205– PUBLIC COMMENTS Mike Hillard, Tri-State Tours – Hillard reported on a compromise agreement that his company has reached with some of the concerned citizens with regard to his trolley operation. The compromise is that they will change their routing which will exclude Hill Street, Lafayette Street rd and 3 Street. Hillard believes there is a need for the Council to look at putting together a comprehensive program that deals with issues that are far more important with regard to structural integrity. He also felt they should be realistic about the size and weight of the trolley. Rick Pariser, High Street – Pariser advised he has talked with Hillard over the past two weeks. He urged the Council to move ahead and resolve the problem. Pariser feels the compromise is a step in the right direction. They have agreed on two broken issues, one being the routing which would also exclude High Street and, secondly, Hillard has agreed next year to implement smaller trolleys that are comparable to what we had experienced in town. Pariser recommended the formation of a committee with some definite input. CONSENT AGENDA 06CA-10 06C-0206– APPROVAL OF MINUTES FROM THE REGULAR CITY COUNCIL MEETING OF MAY 8, 2006 AND THE EXECUTIVE SESSION MINUTES FROM APRIL 24, 2006 06C-0207 – ACCEPTANCE OF APRIL 2006 FINANCIAL REPORT 06C-0208 – APPROVAL OF 2006-07 EMPLOYEE COMPENSATION 06C-0209– APPROVAL OF BUDGETED PURCHASE OF 2007 END LOADER 06C-0210 – APPROVAL OF BUDGETED PURCHASE OF 2007 DUMP TRUCK 06C-0211 – APPROVAL OF BUDGETED PURCHASE OF REMOTE RADIO READ UNITS FOR WATER METERS 06C-0212 – APPROVAL OF REQUEST BY THE GALENA ART AND RECREATION CENTER TO CONDUCT A “WILD ABOUT WHEELS” EVENT AT REC PARK ON FRIDAY, JUNE 18, FROM 4:00 P.M. TO 7:00 P.M.
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Regular Board Meeting of 22 May 2006
06C-0213 – APPROVAL OF APPOINTMENT OF TERRY RENNER AS CHAIRPERSON OF THE ZONING BOARD OF APPEALS, AUGUST 1, 2006 TO JULY 31, 2011 Motion: McCoy moved, seconded by O’Keefe, to approve Consent Agenda 06CA-010. Discussion: Roll Call: None AYES: Lincoln, McCoy, Murdock, Murphy, O’Keefe, Greene, Brusch NAYS: None ABSENT: None The motion carried. UNFINISHED BUSINESS 06C-0190 – DISCUSSION AND POSSIBLE ACTION ON INSTALLATION OF A FENCE ON THE NORTH END OF THE WEST SIDE FLOOD LEVEE Staff recommended studying a compromise that would run a fence between the two property owner’s garages. The cost of that is estimated at $660. Moran advised staff is uncertain about where the actual City right-of-way is so if Council moves forward with that approach, staff would need to conference with the two property owner’s to get their permission. Motion: Murdock moved, seconded by O’Keefe, to deny the request.
Discussion: Murdock felt if the City starts putting fences up for private individuals, the City would be opening up a can of worms. The sidewalk and steps have been installed. Murphy felt the Council needs to remember these properties didn’t have a problem until the sidewalk and steps were installed. It was his feeling since the City of Galena put it there, these people have a legitimate complaint. He felt at the very least the City should look at the proposal of the fence and meet with the two property owners. Greene agreed with Murphy. The City did put the sidewalk there and they have had problems with people on their deck. He felt the City should work with the property owner. AYES: McCoy, Murdock, O’Keefe, Lincoln, Brusch NAYS: Murphy, Greene ABSENT: None The motion carried. NEW BUSINESS Mayor Brusch requested that item 06C-0226 be moved up on the agenda to allow the Building Inspector to make his presentation. 06C-0226 – DISCUSSION OF FIRST YEAR OF RENTAL HOUSE INSPECTION PROGRAM Duff Stewart, Building Inspector, presented a summary of the first year of Residential Rental Housing Inspections. Stewart reported the following statistics:
Roll Call:
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Regular Board Meeting of 22 May 2006
Total Units Registered Units Inspected st Units Issued Certificates – 1 Inspection Units Failed nd Units Issued Certificates – 2 Inspection nd Units needing 2 Inspection 229 87 62 25 9 16
Stewart noted they have inspected 38 percent of the units. There are 16 units that need to be reinspected of which five have been scheduled for Thursday, May 25. If those re-inspections comply, it will bring them to 33 percent in compliance. Income from registrations totaled $2,475 with costs of inspections at $492. Stewart advised Mark Elder felt major problems were at a minimum considering the complex mix of tenants, landlords and inspection personnel. Most corrections to the inspections were relatively easy to address; smoke detector batteries, clearing exit hallways and general repairs. All were taken care of in a timely fashion. Stewart advised they will wrap up the remaining re-inspections where notification by letter is required. The second year of inspections will again target 33 percent or more of the remaining units. Adjustments to the system will be made as required, which is primarily protocol and communication. Stewarts feels the triangle between the Building Department, Housing Authority and the Fire Department is very solid and functioning effectively. He recommended the Council continue to run the program for a few years. 06C-0215 – DISCUSSION OF PROPOSED PURCHASE OF ALLIANT ENERGY’S GALENA SYSTEM BY JO CARROLL ENERGY Pat Kelly, Regional Director of Customer Operations, with Alliant Energy, along with Rick Knipfer, Vice Present of Jo-Carroll Energy gave a presentation on the proposed purchase of Alliant Energy’s Galena System by Jo-Carroll Energy. O’Keefe questioned Jo Carroll Energy’s decision to choose not to participate in Customer Choice. As a cooperative Jo Carroll would not be required to participate. Knipfer advised they would participate if a customer class would request it. McCoy questioned if they have met with the local industry such as Lemfco or Westwick Foundry. Knipfer advised they have held a series of meetings with the Alliant Energy Industrial customers. Murdock questioned what the City’s rights are to file suit against the merger. Knipfer stated his understanding is that there has already been a petition to intervene at the commission. He advised the City of Galena is free to pursue that any way they see fit. Murdock felt if there is no gain with the suit, why should the City spend money to do it. Murdock advised he also has concerns with complaints he has gotten that Jo Carroll Energy’s service is terrible. He has concerns with what the citizens of Galena are going to get out of this thing. Knipfer advised there is a basic difference between a rural system and a more urban system in the sense that Alliant Energy has in Galena. In comparison of the two systems, Jo Carroll has about 6500 people on about 1200 miles of line vs. 13000 people on 500 miles of line for Alliant Energy. The services are a lot closer together and a lot easier to troubleshoot. With a rural system it takes longer because there are more miles to patrol and different things to do to try to isolate the problem.
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Regular Board Meeting of 22 May 2006
Jo Carroll has been higher in cost because they have fewer people to spread the same costs over and due to power costs. Once the rate freeze goes off, Jo Carroll projects approximately a 19 percent increase. Greene questioned if Jo Carroll has any plans in the future of generating their own electricity. Knipfer advised they have several projects in the works about generating their own electricity. Of the four projects being discussed, there is at least one located in each county served. Whether or not Jo Carroll has a service center in Galena will depend on who comes over from Alliant Energy as employees to Jo Carroll. Lincoln questioned what the process is with the Illinois Commerce Commission. Knipfer advised they have filed their case and initial testimony with the commission. The Commission then asks questions through a series of data requests. They will then file their testimony. Jo Carroll is in the process of asking them questions and will file their rebuttal testimony on June 5, 2006. Hearings will be held August 8-10, 2006 in Springfield. At that time both sides will argue their position and briefs to get filed. Lincoln questioned if the City, as an intervener, has the ability to view this testimony. Knipfer advised as an intervener the City has the right to view the testimony through the Illinois Commerce Commission website. Some information is filed as confidential and not all intervener’s are allowed to see that confidential information. Moran questioned what would happen once the 3 year agreement to purchase electricity through Alliant for the current Alliant Energey territory expires. Knipfer advised they would extend that contract if it is still attractive. The bottom line is they will try to get the best deal they can for their members. 06C-0216 – DISCUSSION OF REVIEW OF VEHICLE STANDARDS FOR THE TOUR OPERATORS ORDINANCE O’Keefe felt in order to be fair to all of the tour operators as well as the public, the City needs to set some standards for size and weight guidelines for vehicles for the future. He recommended staff, along with input from the public, develop some weight and guidelines that are acceptable to the public. He felt the vehicles should be approved prior to the vehicles being purchased. O’Keefe feels it should also be set forth on how people should adhere to the ADA guidelines. He feels it is important that what is being licensed in the City of Galena should meet the ADA guidelines as set forth by the state. Greene agreed it would be good to have a group of citizens, staff and operators form a committee to take a look at what is available, what is needed and what the weight restrictions should be. He felt if the City is going to do it, it should be done right with input from the citizens. Brusch agreed and felt anyone interested in serving on the committee should notify Mark Moran. Murphy disagreed. He felt the old trolley ordinance did set size, weight and standards. He felt the public was happy with the ordinance until the ordinance got changed. Murdock noted the ordinance was changed a year ago. He didn’t think it was fair to change everything after a year. He agreed with ADA guidelines the trolleys need to be bigger. He was in favor of forming a committee to look at this thing and getting tour operator and public opinions to try to get this resolved. Council agreed to direct staff to form a committee to look at the standards. O’Keefe felt a timeline should be established.
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Regular Board Meeting of 22 May 2006
06C-0217 – DISCUSSION OF REQUEST BY JACK’S CARRIAGE COMPANY TO STAGE IN TWO SPACES IN LOADING ZONE ACROSS FROM MARKET HOUSE FROM 5:00 P.M. TO 10:00 P.M. Council was opposed to allowing special parking. 06C-0218 – MONTHLY REPORT FROM THE ENVIRONMENTAL MANAGEMENT CORP. (EMC) Saylor reported the following items: The new water tower is full of water again following a minor leak. Old pressure system is still functional and was a good backup to have in place. There are a couple of plugs leaking in the bottom of the tank, however, it is not worth the consequences of what it would take to repair. Well #5 is up and running. There are not leaks in the piping. The gates and everything have been replaced. The well pump has been lowered 60 feet deeper than what it was and rebuilt the well pump. Utilizing the same pump and same horsepower, we are not able to pump 1100 to 1150 gallons per minute vs. 750 gallons per minute we were doing before. With the three wells we have the capacity to pump over 4 million gallons of water per day. We need to take the tank at Well #5 out of service to install cathodic protection. The cost estimate will be approximately $200,000 to paint, repair and bring the tank up to standards. He will have more information within the next month or so. Moran advised he has been anticipating the expense for Well #5 for the last few years. He feels the water fund will be able to absorb it without any additional rate increase and without an actual loan. 06C-0219 – DISCUSSION AND POSSIBLE ACTION ON REFERRING NEW OUTDOOR KITCHEN DUCTING ON 317 NORTH MAIN STREET TO THE HISTORIC DISTRICT ADVISORY BOARD FOR REVIEW Motion: Greene moved, seconded by O’Keefe, to table this until the time that he comes back with what his plans are to do with it. 06C-0220 – DISCUSSION AND POSSIBLE ACTION ON AN APPLICATION (ZONING CAL. NO. 06PD-01) BY WAYNE FELLENZER, 1003 N. DIVISION ST., TO REZONE 2.77 ACRES OF LAND ZONED AGRICULTURAL TO A PLANNED UNIT DEVELOPMENT (PUD) Motion: McCoy moved, seconded by Murdock, to approve the recommendation of the Zoning Board to rezone 2.77 acres of land zoned Agricultural to a Planned Unit Development (PUD) Discussion: McCoy feels the Zoning Board has worked hard on this. He felt it was time the City takes action. O’Keefe made the following amendment to the motion: Amended Motion: O’Keefe moved, seconded by Murphy, to amend the motion so that the PUD is approved except that in the high density unit lot number 2 the number of units be reduced from 12 to 8.
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Regular Board Meeting of 22 May 2006
Discussion: O’Keefe advised the biggest complaints he has received about the proposal is from the neighbors regarding density. He felt it would be much more palatable to the neighbors if the density on the second lot would be lower. Amended Motion Roll Call:
AYES: O’Keefe, Greene, Lincoln, Murphy NAYS: McCoy, Murdock, Brusch ABSENT: None The motion carried.
Discussion: Murdock pointed out this would be housing that is affordable. He was unsure the contractor could afford to put in all the streets, curbs and gutters if the Council cuts back what has been proposed by Zoning. Murdock felt the Zoning Board has spent a lot of time on this and he was concerned with going against what they have done. McCoy agreed. Roll Call: AYES: Murphy, O’Keefe, Greene, Lincoln, McCoy, Murdock, Brusch NAYS: None ABSENT: None The motion carried. 06C-0221 – DISCUSSION AND POSSIBLE ACTION ON ZONING CAL. NO. 06A-01, A REQUEST BY THE CITY OF GALENA TO AMEND THE TEXT OF ARTICLE 0 AND ARTICLE 4 OF THE ZONING ORDINANCE TO MODIFY THE DEFINITIONS AND REGULATIONS FOR BED AND BREAKFASTS AND SMALL INNS Motion: O’Keefe moved, seconded by McCoy, to recommend to the Zoning Board that they hold a separate Public Hearing on downtown lodging as they have indicated in their response and table the text amendment until such time as they report back their recommendations. Discussion: Cox advised the Zoning Board has asked that he communicate to the City Council that they are enthusiastic about doing what has been proposed, however, they are asking the Council to approve these text amendments because they believe they are not connected to the issue that they would be dealing with when they dealt across the board with the downtown accommodations. McCoy stated he feels there are some benefits for small inns on downtown Main Street. He noted there are a lot of Main Street buildings that have floors that are vacant. O’Keefe stated he doesn’t disagree, however, he feels things should be equal in the way it is set up. Roll Call: AYES: Greene, Lincoln, McCoy, Murdock, Murphy, O’Keefe NAYS: Brusch ABSENT: None The motion carried. 06C-0222 – DISCUSSION AND POSSIBLE ACTION ON ZONING CAL. NO. 06A-02, A REQUEST BY THE CITY OF GALENA FOR A TEXT AMENDMENT TO ARTICLE 9 TO ALLOW ALL APPEALS TO GO TO THE CITY COUNCIL Cox advised the State authorizing statute says that the final decision maker with regard to variances can be either the Zoning Board or the Municipal Authorities. With regard to appeals of decisions by the Zoning Administrator, the statute does not incorporate the language or Municipal
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Regular Board Meeting of 22 May 2006
Authorities. Cox advised under the current law it would not be appropriate to amend the ordinance to say that appeals of decisions by the Zoning Administrator would come to the City Council, which this would bring about. Motion: O’Keefe moved, seconded by Murdock, to accept the recommendation of the Zoning Board with respect to both matters. Discussion: None Roll Call: AYES: Lincoln, McCoy, Murdock, Murphy, O’Keefe, Greene, Brusch NAYS: None ABSENT: None The motion carried. 06C-0223 – DISCUSSION AND POSSIBLE ACTION ON REQUEST BY THE GALENA AREA CHAMBER OF COMMERCE FOR A STREET CLOSURE PERMIT TO CONDUCT A STREET DANCE AT THE GREEN STREET PLAZA ON SATURDAY, SEPTEMBER 2 FROM NOON TO 10:00 P.M. Motion: Murdock moved, seconded by Greene, to approve the request, 06C-0223, for closure of nd Green Street Plaza on Saturday, September 2 from noon to 10:00 p.m. Discussion: The dance will be held on Labor Day weekend. Roll Call: AYES: McCoy, Murdock, O’Keefe, Greene, Lincoln, Brusch NAYS: Murphy ABSENT: None The motion carried. 06C-0224 – DISCUSSION ON SCHEDULING EDUCATIONAL PRESENTATION ON HOME RULE Council was in favor of additional education on Home Rule. Council directed staff to look into scheduling something. Brusch advised a committee has studied Home Rule and their report is available for anyone who would like to see it. Brusch noted he had made a promise that he would not support home rule, however, he isn’t opposed to the public getting more information about it. 06C-0225 – DISCUSSION OF POSSIBLE BEER KEG REGISTRATION ORDINANCE TO DETER UNDERAGE DRINKING Council was in favor of an ordinance. 06C-0227 – DISCUSSION AND POSSIBLE ACTION ON WEED SPRAYING CONTRACT Motion: Murdock moved, seconded by Lincoln, to approve the weed spraying contract, 06C0227. Discussion: Greene questioned if the City has anyone licensed to spray. Moran advised we do not have anyone licensed. Public Works is still learning the ropes in the whole landscape managing including mowing. Moran felt at this time it is still a little bit too much to take on. Murdock questioned for $1,000 is it worth paying to have someone certified. Greene felt in the long run it would save the City money.
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Regular Board Meeting of 22 May 2006
Roll Call:
AYES: Murdock, Murphy, O’Keefe, Greene, Lincoln, McCoy, Brusch NAYS: None ABSENT: None The motion carried.
06C-0228 – PRESENTATION OF MAYORAL VETO OF DECISION TO BORROW FUNDS FOR FIRE DEPARTMENT ADDITION Mayor Brusch made his presentation of the veto of the decision to borrow funds for the Fire Department addition. 06C-0229– WARRANTS Motion: Murdock moved, seconded by O’Keefe, to approve the Warrants, 06C-0229. Discussion: None Roll Call: AYES: Murphy, O’Keefe, Greene, Lincoln, McCoy, Murdock, Brusch NAYS: None ABSENT: None The motion carried. 06C-0230 – ALDERPERSONS’ COMMENTS Smoking Ban - O’Keefe pointed out, according to the Telegraph Herald, more than 19 cities in the State of Illinois have now adopted no smoking bans in bars, restaurants and public places including Chicago and Springfield. Since we are the third largest tourism destination after Chicago and Springfield, O’Keefe felt maybe we should be thinking about it. It is pending in 40 other communities in the State of Illinois. Hush Report – O’Keefe made the observation that the Council got a D- from the Hush Report. He felt those left to be rated will probably get an F to balance out to get to the D-. Officer Barklow – Greene commended Officer Barklow for his assistance with the semi truck having problems on the Highway. Veto – Murdock advised he would be out of town for the next meeting and questioned if the could make a conference call to vote on the Veto. Cox advised he would check into it. 06C-0231– CITY ADMINISTRATOR’S REPORT Thank you – Moran thanked the Police Department and the Public Works Department for the work they did on the Triathalon. They did a great job coordinating that event along with the CVB and the volunteers that put their time into it. 06C-0232 – MAYOR’S REPORT Commendation – Mayor Brusch commended Mark Moran for participating in the Triathalon. He agreed the CVB did an excellent job. They had 1,400 entrants.
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Regular Board Meeting of 22 May 2006
Officer Keith Brandel – Mayor Brusch commended Officer Keith Brandel. By use of the defribulator, Officer Brandel was able to save a man who was having a heart attack. Rec Park Lights – Mayor Brusch thanked Bob Komiskey from Alliant Utilities, who has volunteered some time out at Rec Park on the lights. Tire Collection – Brusch announced there will be a tire collection held on June 20 and 21 in Elizabeth. Former Mayor Bob Buehler – Mayor Brusch announced former Mayor Bob Buehler, passed away early this morning. He turned 103 on April 1. 06C-0233 – MOTION FOR EXECUTIVE SESSION Motion: O’Keefe moved, seconded by Murdock to recess to Executive Session to discuss the following: Employee Hiring, Firing, Compensation, Discipline and Performance, Section 2 (c) (1) Pending, Probable or Imminent Litigation, Section 2 (c) (11) Review of Executive Session Minutes, Section 2 (c) (21)
Discussion: None. Roll Call: AYES: O’Keefe, Greene, Lincoln, McCoy, Murdock, Brusch NAYS: None ABSENT: None The motion carried. The meeting recessed at 8:06 P.M. The meeting reconvened at 9:05 P.M. 06C-0234– ADJOURNMENT Motion: O’Keefe moved, seconded by Murphy to adjourn. Roll Call: AYES: O’Keefe, Greene, Lincoln, McCoy, Murdock, Brusch NAYS: None ABSENT: None The motion carried. The meeting adjourned at 9:05 P.M. Respectfully submitted,
Mary Beth Hyde City Clerk
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