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Decatur City Council Minutes - May 06, 2013 05:30PM
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On Monday, May 6, 2013, the City Council of the City of Decatur, Illinois, met in Regular Meeting and Study Session at 5:30 p.m. in the Council Chambers, One Gary K. Anderson Plaza, Decatur, Illinois. Mayor Michael T. McElroy presided; together with him being Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe and Dana M. Ray. Seven members were present; none were absent. Mayor McElroy declared a quorum present.
City Manager, Ryan P. McCrady, attended the meeting.
Mayor McElroy led the Pledge of Allegiance to the Flag.
The minutes of the meeting of April 15, 2013, were presented. Councilman Jerry J. Dawson moved the minutes be approved as written; seconded by Councilman Julie Moore-Wolfe, and on call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
There being no unfinished business, the City Clerk administered the oath of office to the newly elected Council members, Jerry J. Dawson, Patrick McDaniel and Julie Moore-Wolfe. Mayor McElroy called for New Business. This being the time set for Proclamations and Recognitions, Joan Meeder read the Proclamation for Older American’s Month; David Bean read the Proclamation for Motorcycle Awareness Month, Julie Carter read the Proclamation for Small Business and Entrepreneur Week, Glenn Livingston read the Proclamation for Decatur Charter School Week and Angie Miller read the Proclamation for National Association of Letter Carriers Food Drive Day.
Ordinance 2013-34, Ordinance Annexing Territory 5425 Rea’s Bridge Road, was presented.
Councilman Pat McDaniel moved the resolution do pass; seconded by Councilman Patrick S. Laegeler.
City Manager McCrady stated the next three items on the agenda are a result of the City’s effort to review the Water Service Agreements that exist. The ordinance before Council meets the standards for annexation and the City Manager and staff recommend approval.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Ordinance 2013-35, Ordinance Annexing Territory 5450 Rea’s Bridge Road, was presented.
Councilman Julie Moore-Wolfe moved the ordinance do pass; seconded by Councilman Dana M. Ray.
City Manager McCrady stated this property is contiguous to the city limits, and staff recommends approval.
Councilman Jerry J. Dawson inquired if everyone on Rea’s Bridge Court could get city water if they wanted it. Keith Alexander, Director of Water Management Services, explained the water main does not run on Rea’s Bridge Court and is on Rea’s Bridge Road. Mr. Alexander said he would check on that for Councilman Dawson. Councilman Jerry J. Dawson advised that it might be cost effective to offer city water to Rea’s Bridge Court. Many of the homes are new and are on wells that may not be efficient. City Manager McCrady advised staff is putting together data for a study session with regard to water service agreements which will come before Council in the very near future. Further, the City Manager stated that in the past Council has given authority for staff to approve Water Service Agreements in the areas where infrastructure already exists. Council will be able to provide feedback and direction to staff after receiving the data.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Ordinance 2013-36, Ordinance Annexing Territory 1777 North Sunnyside Road, was presented.
Councilman Jerry J. Dawson moved the ordinance do pass; seconded by Councilman Larry W. Foster.
The City Manager provided an overview of this item; this is part of a Water Service Agreement. This meets all the requirements for annexation and staff recommends approval.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Resolution 2013-41, Resolution Authorizing Amendment to the Macon County and Decatur Comprehensive Plan, was presented.
Councilman Jerry J. Dawson moved the ordinance do pass; seconded by Councilman Dana M. Ray.
The City Manager provided an overview of this item stating this items 5 through 10 are all related to the potential TIF District at Grand and Route 48 and the Niemann Holdings. This item before Council is relating to the Comprehensive Plan which is the principal planning document put together on a county-wide basis and defines land use in the county. It is important that as a TIF District it is incorporated and the plan be amended.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Ordinance 2013-37, Ordinance of the City of Decatur, Illinois Approving the Grand Avenue Tax Increment Redevelopment Plan, was presented.
Councilman Larry W. Foster moved the resolution do pass; seconded by Councilman Julie Moore-Wolfe.
City Manager McCrady and Billy Tyus, Assistant City Manager, provided an overview of what is necessary to adopt a TIF District. Mr. Tyus explained there are Ordinances that must be adopted, a Plan, a Project Area and TIF Increment Financing has to be adopted as a program. The next three items are necessary when adopting a TIF District.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Ordinance 2013-38, Ordinance of the City of Decatur, Illinois Designating the Grand Avenue Redevelopment Project Area, was presented.
Councilman Patrick S. Laegeler moved the resolution do pass; seconded by Councilman Jerry J. Dawson.
The City Manager provided an overview of this item stating this is one of several steps needed in order to move forward with the Grand Avenue/Route 48 development.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Ordinance 2013-39, Ordinance of the City of Decatur, Illinois Adopting Tax Increment Financing for the Grand Avenue Redevelopment Project Area, was presented.
Councilman Jerry J. Dawson moved the ordinance do pass; seconded by Councilman Patrick S. Laegeler.
The City Manager advised this is the next step in moving forward with the TIF District.
Councilman Larry W. Foster stated this is one of the more exciting developments in the west-end and hopefully it will spur additional development.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. Councilman Patrick McDaniel abstained from voting. The Mayor declared the motion carried.
Ordinance 2013-40, Ordinance Rezoning Property 1100 Blocks of West Grand and West Leafland Avenues and the 1200 Block of North Oakland Avenue, was presented.
Councilman Julie Moore-Wolfe moved the ordinance do pass; seconded by Councilman Patrick S. Laegeler.
The City Manager provided an overview of this item stating this item is related to the same project. The petitioner is requesting to rezone from R-3 Single Family Residence and B-1 Neighborhood Shopping District to a B-2 Commercial District to allow for construction of the supermarket. Staff recommends approval and the Plan Commission voted 9 – 0 to recommend approval at their January meeting.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, and Dana M. Ray voted aye. The Mayor Pro Tem, Patrick S. Laegeler, declared the motion carried.
Resolution 2013-42, Resolution Authorizing Grand Avenue TIF Redevelopment Agreement Niemann Holding, LLC, was presented.
Councilman Jerry J. Dawson moved the resolution do pass; seconded by Councilman Larry W. Foster.
City Manager McCrady stated this is an agreement between the City and Niemann Holdings to construct a County Market at Grand and Route 48. This is nearly a fifteen million dollar project. Staff recommends approval of this item.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Ordinance 2013-41, Ordinance Amending B-2 Planned Unit Development District 3910 West Main Street Victorian Woods Senior Living Center, was presented.
Councilman Pat McDaniel moved the resolution do pass; seconded by Councilman Patrick S. Laegeler.
City Manager McCrady advised this Ordinance is an adjustment to the plan development of a project that already exists across from Scovill Golf Course on Main Street. The size of the shed which stores equipment needs to be changed. Staff recommends approval. Plan Commission approved this unanimously at their April 4th meeting.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Resolution to Accept Bid and Authorizing the Execution of a Contract for the Decatur Municipal Services Center Generator Replacement was presented.
Councilman Jerry J. Dawson moved the resolution do pass; seconded by Councilman Dana M. Ray.
City Manager McCrady stated the bid specifications need to be written in a better way to provide a better service and product to the tax payers. He further requested a motion to reject the bids be made. Wendy L. Morthland, Corporation Counsel, advised there need not be a motion to reject; only a no vote would be needed. The City Manager asked that the bids be rejected. He instructed Council an Aye vote would accept the bids and the Resolution would pass, a No vote would reject the bids and the Resolution would not pass.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted no. The Mayor declared the motion rejected.
Resolution 2013-43, Resolution Authorizing the Purchase of Two Wheelchair Accessible Mini-Vans, was presented.
Councilman Patrick S. Laegeler moved the resolution do pass; seconded by Councilman Jerry J. Dawson.
City Manager McCrady state the two Mini-Vans would be used to service customers through the Decatur Transit System. The current Mini-Vans have over 250,000 miles on them. We have funds through the Transit Fund to make the purchase and staff recommends approval.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
Mayor McElroy called for Consent Calendar Items A – G be approved by Omnibus Vote and asked if anyone from Council wanted an item removed. The Clerk read items A - G, Councilman Larry W. Foster moved that the items presented be approved; and on call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried for items A - G.
A. Approval of Minutes from Boards and Commissions;
B. Resolution 2013-44, Resolution Approving Appointments to City Boards and Commissions;
C. Ordinance 2013-42, Amending City Code – Chapter 34 – Traffic and Parking;
D. Ordinance 2013-43, Authorizing the Installation of a Yield Sign at the Intersection of East Mueller Avenue and North 40th Street Facing North 40th Street;
E. Resolution 2013-45, Resolution Accepting Low Bidders for Street Materials, Public Works;
F. Resolution 2013-46, Resolution Authorizing Execution of Laboratory Professional Services Agreement with PDC Laboratories, Inc.
G. Ordinance 2013-44, Ordinance Authorizing Consumption of Alcoholic Liquor Community Event – Lock Stock & barrel/Oakwood Business Association
This being the time set aside for Appearance of Citizens, Roland Cook advised he is involved with the Shining Light Program. This program is to help stop the violence and provide the youth in our community with something to do. The program is currently active and is successful. Mr. Cook advised he is working on obtaining a not-for-profit status for the program. This is a year around program and he will return to Council with a status of this program.
This being the time set aside for other business, Councilman Pat McDaniel inquired as to the status of the trolley contract with the Federal government. Paul McChancy, Mass Transit Administrator, advised the trolley is considered one of our buses according to the FTA. Both trolleys are in operation on routes. Councilman Larry W. Foster inquired as to the status of the Sandcreek Bridge. Richard Marley, Public Works Director, advised there was a sewer pipe problem, but it is finally connected. By-pass pumping was done last Friday and work can proceed on the main bridge. The hurdles that slowed progress down in the winter months have passed. The contractor is on schedule and work should be complete October 10.
Councilman Patrick S. Laegeler moved the Council recess to Study Session; seconded by Councilman Larry W. Foster for Radio System Replacement for Public Works, Water Management, Public Transit and the Macon County Emergency Management Agency.
On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the motion carried.
The City has a radio system that is not specifically used by Police and Fire, but can serve as a back-up service for them. Repair parts are hard to come by for the current system and when there was a lightning strike last year, it became apparent the City needed to review how this system operates. City agencies, the Fire Department and Police Department need to be able to exchange information if certain emergencies occur. The current system also serves the Macon County Emergency Management Services for out-door sirens. This is a very important piece of equipment. The City needs to consider whether it is feasible to invest our own money and operate with a “City owned” system and bring it up to standards or enter into the StarCom 21 radio system which is used by the Fire Department and Police Department. City Manager McCrady and Richard Marley, Public Works Director, advised it may be possible to bring this item before Council May 20 or June 3. At this time, Mr. Marley, Public Works Director, advised City Manager McCrady has extensive first-hand knowledge and experience in managing and purchasing radio systems having done this when he was employed by Sangamon County. A few years ago, Mr. Marley became aware of the fragile condition of our radio system. It is an old system no longer supported by the manufacturer and parts are difficult to come by. Mr. Marley explained the options to consider: 1) Mototurbo is a radio for use on small campuses or hospital setting, low in cost, but just does not possess capacity or the power to meet the needs of the City; 2) The City does own a radio tower that is in good shape, and could be used. The City could replace the current radio system with the same type of trunked radio system like the one we currently have. It would be maintainable, but is not a viable solution because it does not possess the inter-operability we need it to have with the public safety agencies in the state; 3) The City could build a Project 25 compliant radio system like Champaign County rather than subscribe to StarCom. This is a more expensive option. It does provide a seamless backup system for the Fire and Police Departments; 4) Another option would be to do nothing and maintain our existing system. This option is not a viable option because of lack of parts; and 5) The City could go with a StarCom21 System, where Motorola would provide management of the radio system operations or maintenance. Mr. Marley advised after evaluation and discussions, it appears subscribing to StarCom is the best option. StarCom provides state wide coverage and seamless connection with Police and Fire in the case of an emergency event, and the cost of implementation would be over a number of years. The City would own the radios that are mounted in the trucks, but would not own the system. Further, he stated StarCom has its advantages in that the City would not be responsible or will not be faced with a failing radio system or be faced with having to come up with a large capital expenditure to replace the system because we do not own it. The City will pay a user fee on a monthly basis. Mr. Marley stated Dave Lander of Motorola was in the audience and would be happy to answer any questions. The Police and Fire Chiefs recommend this option. Another advantage with going to the StarCom System is that it requires less staff time to operate and maintain the system. The manner in which the system can be acquired is the portables, mobiles and desk units would need to be replaced, which will be a fairly significant capital expenditure and a lease-purchase arrangement could spread the cost over 3, 7, 10 years which is reasonable. The advantage of a lease-purchase is that the lease is paid in arrears. The first payment would be due in the next fiscal year and the City would be able to plan for that expenditure. The other expense is the monthly operating expense which is $36.00 per radio. That expense occurs for the life of the system and pays for the capital cost of putting up towers, transmitters, maintenance and operation of the system. Motorola has provided a very enticing offer if delivery of the radios is before the end of June. They would waive the first 9 months of air time to the City at no cost to the City. The free air time would start when the radio system is up and operational. Jim Root of the Macon County Emergency Management Agency, advised Mr. Marley he would need 15 radios, but believes he has another viable system and would not put them on the StarCom system. In the event the City agrees to enter into a Motorola StarCom multi-year agreement (9 year agreement), this will result in a 10% reduction of monthly air charges. The StarCom system has been reliable and the inter-operability is an advantage. Mayor McElroy requested a list of up-coming necessary expenses instead of operating on a crisis basis. Mayor McElroy would like to know of the items prior to the “crisis” mode. City Manager McCrady advised staff has been looking at the radio system issue for the last 18 months. Mayor McElroy asked what other potentially large expenditures the City may be looking at or other equipment that may need to be replaced. He said it would be helpful for not only this Council, but future Councils to know what is coming down the line as far as equipment that needs replaced or system that need to be redone. Councilman Pat McDaniel reiterated it would help Council to know of necessary major expenses coming down the road prior to having a Goals Study Session. City Manager McCrady advised Council goals consisted of the police station, water supply, sanitary sewer and storm water issues. Two and half of those are solved: police station, water supply, and sanitary sewer. The storm water issue is still unresolved. In the budget process, the equipment replacement fund has been and will be discussed. The City has not been and is not replacing equipment as it should be doing. Mr. McCrady advised he will look for “other sleeping giants”. Mayor McElroy added that the City needs to look at demolitions as well. Councilman Larry W. Foster inquired about spreading the cost of the StarCom System over a number of years and advised he was in favor of it, but wanted to know what the cost would be. Mr. Marley advised the cost would be shared among departments and the general operating fund. The number of units required for the City would be 140 mobile radio, 74 portable radios, and 13 desk units. The total cost for the capital outlay for the radios is $1.25 million dollars. Councilman Jerry Dawson advised the current system is a 800 MHz system and the City owns the system. Mr. Marley confirmed the City owns several licenses and the City would need to relinquish two of the licenses. Councilman Dawson expressed concern about “putting all our eggs in one basket” with StarCom. He suggested it might make more sense to redo the 800 system to have a back-up system. Police Chief Todd Walker advised there is rarely a problem with the StarCom System and, if there was, they would use the 800 MHz system. Councilman Larry W. Foster requested an overview of the agreements. Dave Lander of Motorola advised Motorola offers a 3, 5 or 7 year agreement. The lease term for the mobile portable radio is 7 years, which is the life span of the radio, before it would need to be replaced. If the City is notified by Motorola of their intent to cancel a product, Motorola will provide service for parts for 7 years after that. The radios recommended are in their first year of introduction. In addition, he stated the City would never give up the frequency, the City is still the holder of the licenses and would never give those to Motorola or to the State of Illinois. City Manager McCrady stated that at this time the City is not in an emergency situation, but that something does need to be done. With regard to putting all our eggs in one basket with StarCom, the reliability has exceeded the City Manager’s expectations. Councilman Pat McDaniel inquired if there were any grants available. The City Manager and Mr. Marley advised they have looked into grants, however, none are available because this is not seen as public safety activities. In addition, Richard Marley advised the radios for Macon County Emergency Management Service are used for storm spotters. Councilman Patrick S. Laegeler inquired about what type of tie-in is with the county. Mr. Marley advised the Sheriff is on the StarCom System, as well as all public safety agencies, local police in surrounding areas and rural fire departments. That is an advantage to the StarCom System; the City does not have to do anything to be able to communicate with other agencies in an emergency event. The details of how that communication between other agencies occurs will be worked out and is a minor detail. Motorola builds “talk groups” and for agencies that are not on the StarCom System there would need to be a standard operating procedure in order to use the system. There is some flexibility to the StarCom system. Councilman Julie Moore-Wolfe inquired as to how much time it would take to get the system operating. Dave Landers of Motorola advised it would take 30-60 days after the infrastructure is in place, if all goes smoothly.
There being no further business, Councilman Patrick S. Laegeler moved the meeting be adjourned; seconded by Councilman Julie Moore-Wolfe. On call of the roll, Councilmen Jerry J. Dawson, Larry W. Foster, Patrick S. Laegeler, Pat McDaniel, Julie Moore-Wolfe, Dana M. Ray and Mayor McElroy voted aye. The Mayor declared the meeting adjourned at 6:50p.m.
Approved May 20, 2013
Linda M. Swartz
City Clerk