Galesburg City Council Regular Meeting

7:15 p.m. Public Hearing

Pre-annexation Agreement

City Council Chambers

55 West Tompkins Street, Galesburg, Illinois

August 17, 2009

7:30 p.m.

Call to order by Mayor Salvador Garza.

Roll Call #1: Present: Mayor Salvador Garza, Council Members Ken Goad, W. Wayne Dennis, Russell Fleming, Corine Andersen, Karen Lafferty, Wayne Allen and Mike Lummis, 8. Also present were City Clerk Kelli R. Bennewitz, City Manager Dane Bragg and Corporation Counsel Richard Barber. The Chairman declared quorum present.

The Pledge of Allegiance was recited.

Reverend Robert Eshleman, Harmony Baptist Church, gave the invocation.

Council Member Goad moved, seconded by Council Member Lafferty, to approve minutes of the Regular City Council meeting held on August 3, 2009.

Roll Call #2:

Ayes: Council Members Goad, Dennis, Fleming, Lafferty, Allen, Lummis, and Mayor Garza, 7.

Nays: None

Pass: Council Member Andersen, 1.

Absent: None

Chairman declared motion carried.

CONSENT AGENDA #2009-16

All matters listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion as listed below.

09-2028

Approve Resolution 09-21 to authorize the pre-annexation agreement with Stephen and Elizabeth Benbow to annex their residence at 138 Angling Road. This agreement allows for access to the City’s water service.

09-2029

Approve MFT Resolution for the resurfacing project for Losey Street from Linwood Road to Kings Canyon Boulevard in the amount of $199,000.

09-5012

Receive Investment Schedule as of June 30, 2009. Total investments are reported at $46,145,257. The national three-month T-Bill rate on June 30, 2009, was .19%, while at the same timeframe, the City investments earned an average rate of .756%.

09-8015

Approval and warrants drawn in payment of same.

General Fund	$135,338.39
Motor Fuel Tax Fund	132,421.14
Election Commission Fund	19,615.35
Grants Fund	854.29
City Gas Tax Fund	41,835.97
Special Enforcement Fund	1,048.00
911 Communications Fund	30.00
Foreign Fire Insurance Fund	219.00
Economic Development Fund	22,520.38
Player Fields Cap Improvement Fund	1,725.00
Planning Fund	42,662.09
Computer Replacement Fund	3,258.55
Vehicle Replacement Fund	94,074.92
Water Operations Fund	817,285.04
Refuse Fund	25,120.04
Employee Health Fund	19,515.11
Risk Management Fund	28,830.63
Sanitary Dist Sewer Fund	169,463.58
Total	$1,555,817.48

Council Member Lafferty moved, seconded by Council Member Goad, to approve Consent Agenda 2009-16, omitting agenda item 09-2029. Total Consent Expenditures are $1,754,817.48.

Roll Call #3:

Ayes: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Nays: None

Absent: None

Chairman declared motion carried.

09-2029

A motion was made by Council Member Allen, seconded by Council Member Fleming, to approve MFT Resolution for the resurfacing project for Losey Street from Linwood Road to Kings Canyon Boulevard in the amount of $199,000.

Roll Call #4:

Ayes: None

Nays: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis and Mayor Garza, 8.

Absent: None

Chairman declared motion failed.

PASSAGE OF ORDINANCES AND RESOLUTIONS

09-1016

Ordinance on first reading to amend Appendix V, of Chapter 26 of the Galesburg Municipal Code, to restrict parking on the west side of Silver Street from Main Street to seventy-five feet north.

09-1017

Ordinance on first reading to amend Appendix YY, of Chapter 26 of the Galesburg Municipal Code, to designate the south row of parking in Parking Lot A as two-hour parking.

Mike Kroll applauded the City for instituting the two-hour parking and feels that it should be done in other downtown parking lots and along Main Street. Council Members expressed that enforcement would be the key to the parking limitations.

09-1018

Ordinance on first reading to amend Appendix F, of Chapter 26 of the Galesburg Municipal Code, to replace the existing yield signs on Adams Street at Indiana Avenue with stop signs.

BIDS, PETITIONS, AND COMMUNICATIONS

09-3047

Bids received from AEH Construction, Inc. (Galesburg) and Laverdiere Construction, Inc. (Macomb, IL) for the Amtrak Depot parking lot expansion and connecting the existing two parking lots in front of the depot. Council Member Goad moved, seconded by Council Member Andersen, to approve the bid from AEH Construction, Inc. in the amount of $78,076.85. This project is being funded by a capital grant that is eighty percent federal funding and twenty percent State Toll Revenue Credits. There is no local match.

Roll Call #5:

Ayes: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Nays: None

Absent: None

Chairman declared motion carried.

09-3048

A motion was made by Council Member Allen, seconded by Council Member Lafferty, to approve the sole bid from Gunther Construction Company in the amount of $194,999.23 for the resurfacing of Losey Street from Linwood Road to Kings Canyon Boulevard.

Roll Call #6:

Ayes: None

Nays: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Absent: None

Chairman declared motion failed.

09-3049

Bids received from McGladrey & Pullen, LLP (Davenport, IA) and Clifton Gunderson, LLP (Peoria, IL) to perform the independent auditing services for the City’s annual financial audit for the fiscal year ending December 31, 2009, through December 31, 2013. It is the recommendation of Administration to accept the bid from McGladrey & Pullen, LLP, in the amount of $259,630. A motion was made by Council Member Fleming, seconded by Council Member Goad, to approve the proposal submitted by Clifton Gunderson, LLP, in the amount of $258,850 for a five-year period with an estimated 480 hours for the audit.

Roll Call #7:

Ayes: Council Members Goad, Dennis, Fleming, and Allen, 4.

Nays: Council Members Andersen, Lafferty, and Lummis, 3.

Absent: None

Chairman declared motion carried.

Judy Kelley, 659 East South Street, addressed the Council concerning two Rottweiler dogs that are living in the vacant home next door to her. She reported that they are lunging at the fence and scaring her and her grandchildren. Council Member Dennis reported that he talked to the owner, as well as a police officer and the Animal Control officer regarding cages for the dogs. It was noted that the house is uninhabited and that the owner is making repairs to the home. Sherman Kelley, 659 East South Street, and Carl and Diane Hooven, 257 South Pearl Street, also addressed the Council regarding the dogs.

Lynn Burton, 1252 Day Street, spoke to the Council regarding her past involvement with the Humane Society. It is her opinion that the dogs are not being cared for properly and therefore the owners should receive a citation for negligence or cruelty to animals.

Lomac Payton, 545 West South Street, announced that the Phase II portion of the tree plantings on West South Street would begin on Saturday. He encouraged Knox College students and other volunteers to participate.

CITY MANAGER’S REPORT

A. The City’s e-Pay water billing payment system has started offering water account information on-line. To kick off this new service, the City is offering a one-time $5 credit to customers that sign up to receive their utility bill by e-statement.

B. Traffic Advisory Committee report from the meeting held August 6, 2009.

C. Exterior Property Improvement Committee report from the meeting held August 11, 2009.

D. Approve Special Events Application for use of Lake Storey by Galesburg Sr. and Jr. High Schools for cross country meets on September 5, September 15, September 19 and October 6 and October 24, 2009.

E. Approve Special Events Application for use of Standish Park by Special Touch Ministry for a Disability Awareness Day on October 10, 2009.

F. Approve Special Events Application for use of the Galesburg Airport by Driving Dynamics for a Driving Program on September 18, 2009.

Council Member Ken Goad asked that dates be added to the EPIC report showing when properties were first added to the report.

MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.)

09-4062

Council Member Lafferty moved, seconded by Council Member Lummis, to remove agenda item 09-4062 from the table.

Roll Call #8:

Ayes: Council Members Goad, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 6.

Nays: Council Members Dennis and Fleming, 2.

Absent: None

Chairman declared motion carried.

09-4062

Council Member Lummis moved, seconded by Council Member Lafferty, to approve the restated and amended Airport Lease with Jet Air, Inc. for a portion of the airport facilities. The lease payment will decrease under this new agreement and the gross receipts payment to the City of two percent on certain items will be removed. The fuel flowage fee will increase and Jet Air, Inc. will continue to pay all utilities and property taxes. The estimated annual revenue is $28,000 to $35,000.

Council Member Lummis asked about Jet Air’s right to transfer or assign all or any portion of its rights to any third party. Harrell Timmons, Jet Air, stated that the statement refers to the possible merging or selling of the FBO to another. He also stated that it has been in the contract since 1969.

Mike Kroll, 1180 North Prairie Street, addressed the Council regarding agenda items 09-4062 and 09-4063, saying that they were hard to separate. He suggested that the Council re-think the way they contract the airport and stated that the biggest weakness of the lease was that the benefits are solely given to Jet Air and the City takes all the responsibility. He also stated that the airport should be treated as a single entity and that proposals should have been entertained so that the City could more successfully profit from its use.

Randy Lynch, AFSCME staff representative, reminded the Council that the work being done at the airport is at the control of the City. He warned the Council not to cut an employee position in order to band-aid the budget due to the economy. He is against paying Jet Air personnel $57,000 and $500 per month for expenses and still keep the City responsible for assistance in snow removal, equipment, etc.

Harrell Timmons replied that the $500 per month is reimbursement funds for runway lights, taxi lights, weed spray, etc. Timmons also noted that the economy is bad for the airport business and he wants to save Jet Air jobs. They are headquartered in Galesburg, but do business worldwide. He reported that as little as two percent of their profits coming from Galesburg ($900,000 per year payroll). He currently employs twenty people in high-tech positions and eleven in part-time positions.

Council Member Allen stated that Jet Air also serves as the FBO for the Burlington and Iowa City, Iowa, airports. Mr. Timmons explained that Iowa City receives four times the traffic as Galesburg. Council Member Lummis indicated that he had talked to several pilots and they are satisfied with Jet Air.

Roll Call #9:

Ayes: Council Members Andersen, Allen and Lummis, 3.

Nays: Council Members Goad, Dennis, Fleming, Lafferty, and Mayor Garza, 5.

Absent: None

Chairman declared motion failed.

09-4063

Council Member Lafferty moved, seconded by Council Member Dennis, to remove agenda item 09-4063 from the table.

Roll Call #10:

Ayes: Council Members Goad, Dennis, Lafferty, Allen, Lummis, and Mayor Garza, 6.

Nays: Council Members Fleming and Andersen, 2.

Absent: None

Chairman declared motion carried.

09-4063

Council Member Lafferty moved, seconded by Council Member Lummis, to approve the Airport Manager’s Agreement with Jet Air, Inc. to manage and maintain the Galesburg Municipal Airport. The City proposes to reduce operating costs and provide for efficient management of the Airport facility by eliminating the current Maintenance Worker position upon retirement of the current employee. The City will reduce net operating costs by approximately $30,000 annually. This agreement is for one year with automatic renewals and can be terminated upon ninety days of written notice.

Council Member Lafferty confirmed that she is not in favor of the manager’s agreement with Jet Air due to the excellent work the City’s current maintenance staff does at the airport. She reiterated that not only would the position of the maintenance worker be lost, but the seasonal employees as well. She expressed that the airport belongs to the City and should be maintained by City employees.

Randy Lynch, AFSCME staff representative, noted that the current City maintenance worker at the airport has always done an excellent job. He also stated that our employees have respect for the City’s equipment and that may not be the case with a Jet Air employee.

Roll Call #11:

Ayes: Council Members Andersen, Allen and Lummis, 3.

Nays: Council Members Goad, Dennis, Fleming, Lafferty, and Mayor Garza, 5.

Absent: None

Chairman declared motion failed.

09-4068

Council Member Allen moved, seconded by Council Member Goad, to approve the donation agreement with Galesburg Joint Venture II/Indevco for three parcels in the 1200 block of West Carl Sandburg Drive. Two of the parcels would be incorporated into the Inbinder Park property. The third parcel would be retained by the City for future development.

Roll Call #12:

Ayes: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Nays: None

Absent: None

Chairman declared motion carried.

09-4069

Council Member Goad moved, seconded by Council Member Andersen, to approve the Revolving Loan to Gerald Weaver (Weaver Mainstreet Center) in the amount of $37,250, which is conditional upon receiving other sources of funding, term of ten years at an interest rate of three percent. The City is to be named as an additional insured and Mr. Weaver must offer a personal guarantee.

Roll Call #13:

Ayes: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Nays: None

Absent: None

Chairman declared motion carried.

09-4070

Council Member Goad moved, seconded by Council Member Dennis, to approve the façade grant to Gerald Weaver (Weaver Mainstreet Center) in the amount of $27,500 for the rehabilitation of the commercial building at 235 East Main Street. The request is in excess of the current grant provisions of $20,000 and is contingent upon the matched grant from the Galesburg Downtown Council. Funds will be reimbursed from the TIF IV Fund to the Economic Development Fund.

Roll Call #14:

Ayes: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Nays: None

Absent: None

Chairman declared motion carried.

09-2030

Council Member Goad moved, seconded by Council Member Lafferty, to approve Resolution 09-22 to allow the use of TIF IV funds to reimburse the Economic Development Fund for the façade grant expenses at 235 East Main Street in the amount of $27,500.

Roll Call #15:

Ayes: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Nays: None

Absent: None

Chairman declared motion carried.

TOWN BUSINESS

Council Member Lummis moved, seconded by Council Member Lafferty, that the City Council sit as the Town Board. The motion carried by Voice Vote.

09-9015

Trustee Lafferty moved, seconded by Trustee Dennis, to approve Town bills and warrants be drawn in payment of same.

Fund Title	Amount
Town Fund	$11,189.69
General Assistance Fund	11,944.93
IMRF Fund	2,225.46
Liability Fund	180.92
Total	$25,541.00

Roll Call #16:

Ayes: Trustees Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Nays: None

Absent: None

Chairman declared motion carried.

Trustee Lummis moved, seconded by Trustee Lafferty, that the Town Board resume sitting as the City Council. The motion carried by voice vote.

STATEMENTS BY COUNCIL OF GENERAL CONCERN

Council Member Lafferty inquired about the large hole on a residential lot on Monroe Street (second house off Losey Street). Community Development Director Parkin and Council Member Allen stated that it was the basement of a recently demolished house. Director Parkin will have an inspector make an inquiry to the owner of when the job should be complete.

Council Member Andersen reminded the community that Knox College students would be returning soon. She also noted the upcoming Stearman Fly-In, which always brings many visitors.

Council Member Fleming stated his concern over inspectors taking pictures of items other than what they are inspecting. He feels this is an invasion of privacy and that the inspectors need to be given direction to not view other violations.

Council Member Goad thanked Lacky Monuments for reinstalling the plaque on the rock near the Pavilion at Lake Storey. The plaque has been missing and recently found, which details the history of the Santa Fe Railway and the City of Galesburg.

Council Member Lummis reiterated Council Member Fleming’s remarks on the pictures taken by the City’s inspectors. He also inquired about getting a sign that banned cell phones in Council Chambers during meetings.

Council Member Allen reported that he and his wife, Millie, recently had the privilege of traveling around the State as judges for the Governor’s Hometown Award. He met many mayors and council members and had the opportunity to see many great Illinois communities. He thanked the organizers of the Heritage Days Festival for their recent celebration and encouraged people to attend the Stearman Fly-In.

Mayor Garza reminded citizens of the River-2-River Cruise on Friday, August 21^st, and the upcoming Art-in-the-Park. The Peoria Chiefs will also be holding their “Galesburg Community Day.” He thanked the organizers of Heritage Days and enjoyed being part of the Union Army during the festival.

There being no further business, Council Member Dennis moved, seconded by Council Member Fleming, that the regular meeting adjourn at 10:10 p.m.

Roll Call #17:

Ayes: Council Members Goad, Dennis, Fleming, Andersen, Lafferty, Allen, Lummis, and Mayor Garza, 8.

Nays: None

Absent: None

Chairman declared motion carried.

Salvador Garza, Mayor

Kelli R. Bennewitz, City Clerk