Minutes of the Regular Meeting

December 9, 2004

Mayor John L. Dunkirk called the Regular Meeting to order December 9, 2004 at 7:00 P.M. Present on roll call were Bob Bertolis, Greg Beiermann, Fred Jones, David Schwab, Harold Lankutis, William Cornman, Gene Cailey and William Dees. Absent: None.

A motion was made by Bertolis seconded by Lankutis to approve the following items on the consent agenda: Minutes of the November 4, 2004 Regular Meeting, Minutes of the November 10, 2004 Adjourned Meeting, Minutes of the November 29, 2004 Special Meeting, the Building Inspector’s Report for November showing 8 permits issued with an ICC Value of $446,900.00 and Fees Collected of $1,554.38, the Fire Dept’s Report for November showing 11 full alarms, 14 still alarms, 3 rescue calls & 118 ambulance calls, EMC monthly report, CMT monthly report, the Water Plant’s November Report showing 33,624,000 gallons treated with a daily average of 1,085,000 gallons, the County Ambulance Report showing Account Receivable the end of October 2004 of $387,413.27 and at the end of November 2004 $393,644.57, the City Ambulance Report for November showing receipts of $22,300.94, disbursements of $42,652.75 and an operating loss of $20,351.81, the City Clerk’s Report for November 2004 showing Gross Cash Receipts $661,672.56, Net Cash Receipts (excluding fund transfers) $526,729.94, Net Cash Disbursements (excluding fund transfers & including payroll) $855,553.05, November Payrolls $251,211.50 and Water Revenue for November $96,531.49, a motion to authorize the Mayor and City Clerk to issue warrants totaling $990,459.67, a motion to authorize the transfer of $400,000.00 from Sales Tax to Corporate, a motion to authorize the transfer of $25,000.00 from Sales Tax to Lake Operations, Fire Protection Applications from Steve & Cathy Graul and Ron & Karen Lawrence, the Police Department’s Report for November showing fines collected $10,401.82, 204 citations issued to 165 individuals, 44 accidents handled, 53.25 hours worked by the Auxiliary, 6 dogs picked up, 0 cats picked up, $15.00 in dog fines paid, $5.00 in parking fines paid, 2818 incident calls received with 104 calls completed, 195 warning tickets issued, 2 verbal warnings issued, 260 racial profiling web entries, 6 code hearing cases heard and 56 ordinance violation notices issued, a motion to approve the second reading of Ordinance No. 3082 annexing Kelly White, a motion to approve the second reading of Ordinance No 3083 the Annual Tax Levy, a motion to approve the second reading of Ordinance No 3084 amending the Enterprise Zone Intergovernmental Agreement, a motion to approve the second reading of Ordinance No 3085 for the placement of stop signs on Clark Street in both the east and west bound directions at the intersections of Illinois Avenue and Maple Street, a motion to approve the second reading of Ordinance No 3086 prohibiting U-turns on Corvette Drive, a motion to approve the purchase of six sets of firefighting turn out gear from Mac’s Fire and Safety for $5,664.00 including shipping and lettering, a motion to approve the following 4 variances (1) to allow a three point turning area in lieu of a cul-de-sac at the end of the street, (2) to allow the backyard drainage swales to be less than the required slope of .5% and to have concrete flow line, (3) to allow the rear-yard swale along the north property line to be longer than 600 feet and (4) to not require storm sewers to be provided in the subdivision to the City’s Subdivision Ordinance for Freedom Place Subdivision, 2nd Addition, a motion to approve the first reading of an ordinance amending the Zoning Ordinance to allow Adult Entertainment and other establishments in the Industrial Zone as Permitted Uses, a motion to approve the first reading of an ordinance amending the Zoning Ordinance to allow residential on the upper floors in buildings in the downtown as a permitted use, a motion to approve the contracting of Inform Pro for branding service and design and printing of a one-page fact sheet marketing piece in an amount not to exceed $3,672.00, a motion to initiate the annexation process for Terry Plummer, Carl Hampton, Bart Rogers, Cardell Boyce and Robert Wieck by calling for a hearing at the January 3, 2005 meeting of the City Council, a motion to approve the first reading of an Ordinance adopting the Municipal Code, a motion to set the official 2005 meeting dates for the City Council, a motion to approve Resolution No. 22-04 amending the Personnel Manual implementing a revised Travel Policy, a motion to approve Resolution No. 23-04 endorsing the application to participate in the National Scenic Byways Program supported by the Federal Highway Administration, a motion to direct the staff to receive proposals for the cleaning of the Northwest and South Side drainage ditches, a motion to approve a "Street Repair Policy", a motion to initiate negotiations with Horner & Shifrin for the design of the Route 16 Sewer Project, a motion to approve a change order on the Library Renovation Project reducing the contract by $10,095.00 and a motion to accept an easement for single use only to Glenn Bishop for access to his property near the Lake. On roll call voting aye were Bertolis, Jones, Schwab, Lankutis, Cornman, Cailey and Dees. Naye: Beiermann. Motion carried.

Lankutis Oversight Committee:

The committee recommends that we extend the services of Farr Associates for the Library Renovation project at a cost of $4,000.00 plus reimbursable expenses such as travel, copy and mailing expenses. Motion carried.

The committee recommends that we retain Philip Environmental Services for Lead Paint Abatement for the Library Renovation Project with an estimated cost of $17,400.00. On roll call voting aye were Beiermann, Jones, Schwab, Lankutis, Cornman, Cailey, Dees and Bertolis. Naye: None. Motion carried.

The committee recommends that we retain Young’s Roofing at a cost of $13,360.00 for the replacement of the Street Shed roof with a balance of $8,041.40 coming from the contingency Account. On roll call voting aye were Jones, Schwab, Lankutis, Cornman, Cailey, Dees, Bertolis and Beiermann. Naye: None. Motion carried.

Cornman Oversight Committee:

The Committee recommends that we approve the second reading of an Ordinance rezoning property at 421 E. Union Avenue from the current zoning of (C-2) General Commercial to (S-1) Single Family Residential contingent that documentation be provided to the City indicating the completed purchase of the property. City Administrator Bob Knabel advised the Council that the petitioner is not purchasing the property. On roll call voting aye were: None. Naye: Schwab, Lankutis, Cornman, Cailey, Dees, Bertolis, Beiermann and Jones. Motion failed.

The committee recommends that we approve the City’s membership in the Montgomery County Economic Development Corporation with the membership to be reviewed and renewed annually as it provides benefit to the City. On roll call voting aye were Lankutis, Cornman, Cailey, Dees, and Jones. Naye: Bertolis, Beiermann and Schwab. Motion carried.

A motion was made by Cornman seconded by Jones to grant a $69,000.00 subsidy for the construction of Freedom Place, 2nd Addition after construction is complete and to rescind prior action of the Council that waived Building Permit Fees and Sewer Tap Fees. On roll call voting aye were Cornman, Cailey, Dees, Jones and Lankutis. Naye: Bertolis, Beiermann and Schwab. Motion carried.

The committee recommends that we approve Resolution No 24-04 setting the salary range for the Street and Lake Superintendent positions. On roll call voting aye were Cailey, Dees, Bertolis, Jones, Schwab, Lankutis and Cornman. Naye: Beiermann. Motion carried.

The committee recommends that we approve a contract with Craig Parrish for promotional services in conjunction with the 2nd Annual Route 66 Classic Car Festival for an amount not to exceed $8,000.00. Motion carried.

The committee recommends that we approve the second reading of Ordinance No 3087 adopting the Municipal Code. On roll call voting aye were Dees, Bertolis, Beiermann, Jones, Schwab, Lankutis, Cornman and Cailey. Naye: None. Motion carried.

The committee recommends that we approve the Final Plat of the Prairie Place Home 2nd Addition subject to the Zoning Board’s approval of the zoning change from MF to S-2. Also, the Planning Commission recommends that a berm or other visual barriers be built along the west end of the proposed Walnut Street. On roll call voting aye were Bertolis, Beiermann, Jones, Schwab, Lankutis, Cornman, Cailey and Dees. Naye: None. Motion carried.

New Business:

A discussion was held concerning the Revolving Loan for Worksaver Inc in the amount of $110,000.00. Paperwork will be forthcoming.

A discussion was held concerning the 2nd Mortgage for the Spec Building Property. More information will be given at the Adjourned Meeting.

A discussion was held concerning the mailing of the City Newsletter quarterly in 2005. Authorization is needed for the City Clerk to write the check each quarter.

Alderman Lankutis requested that the City Administrator bring information on a Public Works Director to the adjourned meeting.

A motion was made by Beiermann seconded by Lankutis to adjourn at 7:25 P.M. until December 16, 2004 at 5:30 P.M. Motion carried.

Approved,

John L. Dunkirk Jr., Mayor

Attest: Marilyn S Hartke, City Clerk