MINUTES OF THE REGULAR CITY COUNCIL
MEETING HELD MONDAY, JULY 6, 2010
State of Illinois
)
County of McDonough )ss
City of Macomb
)
The Macomb City Council met in a regular session on Tuesday, July 6, 2010 at 7:00 p.m. in
the Council Chambers in City Hall, 232 East Jackson Street, Macomb, IL
PLEDGE
Mayor Wisslead called the meeting to order. The Pledge of Allegiance was led by Lucas Williams
Troop 332 St. Paul’s.
ROLL CALL
City Clerk Melanie Falk called the roll and the following Aldermen answered present: Ryan
Hansen, Ed Lavin, Louis Gilbert, Mike Inman, Dave Dorsett, Tim Lobdell, Clay Hinderliter, Don
Wynn, and Dennis Moon. Nine Aldermen being present. Mayor Wisslead declared a quorum
present for the transaction of business. In addition to the Mayor, City Clerk and Aldermen, City
Administrator Dean Torreson and Legal Counsel Liz Wilhelm were also present.
Items on the consent agenda.
1. Minutes of the Macomb City Council meeting held on Monday June 21, 2010,
Minutes of the Special City Council meeting held on Monday, June 14, 2010 and
Committee of the Whole meeting held on Monday, June 28, 2010.
2.
CONSENT
AGENDA
Approve claims and accounts submitted on May 28, 2010.
Alderman Moon moved, seconded by Alderman Lobdell to dispense with reading of the consent
agenda and adopt the same as published, on question being put, Aldermen Hansen, Lavin,
Gilbert, Inman, Dorsett, Lobdell, Hinderliter, Wynn and Moon being all Aldermen voting “Aye” on
roll call and no “Nay” votes, Mayor Wisslead declared the motion carried.
Legal Counsel Wilhelm presented the following for 2nd reading:
An ordinance to amend Section 13-75 of the Rental Housing Code regarding late fees
and failure to register.
ORDINANCE
NO. 10-19
APPROVED
Alderman Inman moved, seconded by Alderman Dorsett to approve the ordinance, on question
being put, Aldermen Lavin, Gilbert, Inman, Dorsett, Lobdell, Hinderliter, Wynn, Moon and
Hansen being all Aldermen voting “Aye on roll call and no “Nay” votes, Mayor Wisslead declared
the motion carried and the ordinance was approved and became Ordinance No.10-19.
Legal Counsel Wilhelm presented the following ordinance for 2nd reading:
An ordinance annexing certain territory located in McDonough County, Illinois and
located in the Southeast Quarter of Section 29 in Macomb Township McDonough
County, Illinois.
ORDINANCE
NO. 10-20
APPROVED
Alderman Dorsett moved, seconded by Alderman Wynn to approve the ordinance, on question
being put, Aldermen Gilbert, Inman, Dorsett, Lobdell, Hinderliter, Wynn, Moon, Hansen and
Lavin being all Aldermen voting “Aye on roll call and no “Nay” votes, Mayor Wisslead declared the
motion carried and the ordinance was approved and became Ordinance No.10-20.
Legal Counsel Wilhelm presented the following ordinance for 1st reading:
An ordinance to amend the Go West bus stops in the City of Macomb pursuant to Section
15-222 of the Municipal Code.
Legal Counsel Wilhelm presented the following resolution:
A RESOLUTION TO PLACE ON THE NOVEMBER 2, 2010 BALLOT FOR THE
CITIZENS OF MACOMB, ILLINOIS TO VOTE ON THE QUESTION: SHALL THE CITY
OF MACOMB IMPOSE A MUNICIPAL RETAILERS AND SERVICE OCCUPATION TAX
OF 1% ON THE SALE OF TANGIBLE PERSONAL PROPERTY OTHER THAN FOOD
AND MEDICINE PURCHASED AT RETAIL AND SALE OF SERVICE FROM A
RETAILER AS DEFINED IN 65 ILCS 5/8-11.1.3 AND 65 ILCS 5/811-1.4 WITHIN THE
CITY OF MACOMB, ILLINOIS FOR EXPENDITURE ON PUBLIC INFRASTRUCTURE?
WHEREAS, the City Council of the City of Macomb, McDonough County, Illinois has decided to
place on the November 2, 2010 ballot for the citizens of Macomb, Illinois to vote on the following
question:
SHALL THE CITY OF MACOMB IMPOSE A MUNICIPAL RETAILERS AND SERVICE
OCCUPATION TAX 1% ON THE SALE OF TANGIBLE PERSONAL PROPERTY OTHER THAN
FOOD AND MEDICINE PURCHASED AT RETAIL AND SALE OF SERVICE FROM A
RETAILERS AS DEFINED IN 65 ILCS 5/8-11.13 AND 65 ILCS 5/8-11-1.4 WITHIN THE CITY OF
MACOMB, ILLINOIS FOR EXPENDITURE ON PUBLIC INFRASTRUCTURE?
WHEREAS, if a majority of those voting on the question on the November 2, 2010 ballot vote in
favor of it, the sales tax of 1% shall be imposed; and
City Council Minutes
July 6, 2010
Page 2
WHEREAS, on November 5, 2002, a majority of those voting on the original question of whether
or not to impose a sales tax voted in favor of it; and
WHEREAS, on November 7, 2006, a majority of those voting on the original question of whether
to extend the sales tax or not to voted in favor of the sales tax and removed the repeal date.
WHEREAS, the Council has determined that it is in the best interests of the City for this question
to be voted upon by the citizens of the City; and
WHEREAS, the Council does find and determine that existing City funds are not sufficient to
provide funds to pay the cost of repair, maintenance, improvement and expansion of the City’s
public infrastructure system; and
WHEREAS, the Citizen’s of Macomb, visitors and the people of the surrounding communities all
benefit from the use of the City’s public infrastructure; and
WHEREAS, the City finds and determines that it is in the best interests of the City to generate
additional revenues through sales tax, rather than increased real property taxes so that non union
citizens are required to share the City’s financial burden; and
WHEREAS, the Council is authorized to impose a tax upon all persons engaged in the business
of selling tangible personal property at retail in the municipality at the rate of 1% of the gross
receipts from such sales made in the course of such business, such tax commonly known as the
Municipal Retailer’s Occupation Tax (65 ILCS 5/8-11-1.3).
WHEREAS, the Council is also authorized to impose a tax upon all persons engaged, in such
municipality, in the business of making sales of service at the rate of 1% of the selling price of all
tangible personal property transferred by such serviceman either in the form of tangible personal
property or in the form of real estate as an incident to a sale of service, such tax commonly
known as the Municipal Service Occupation Tax (65 ILCS 5/8-11-1.4).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MACOMB,
MCDONOUGH COUNTY, ILLINOIS AS FOLLOWS:
Section 1. Incorporation of Preamble. The preamble which appears above is incorporated into
this section to the same extent and effect as if set forth in full verbatim.
Section 2. A Majority Vote. A majority vote of Council shall pass this resolution.
Section 3. City Clerk to Certify. The City Clerk shall certify the question as required under 10
ILCS 5/28 et seq. and forward such documentation as is necessary to the County Clerk for
placement of the question on the November 2, 2010 ballot prior to August 30, 2010.
Section 4. Publication of Resolution. The City Clerk shall publish a copy of this resolution
immediately after its passage and approval in The Voice.
Section 5. Effective Date. The Resolution shall be effective immediately upon its passage and
approval.
Alderman Dorsett moved, seconded by Alderman Lobdell to adopt the resolution.
RESOLUTION
AMENDED
Alderman Lobdell moved, seconded by Alderman Hinderliter to amend the wording to increase
the Municipal Retailers and Service Occupation Tax from ½ of 1% to 1%, on question
being put, Aldermen Inman, Dorsett, Lobdell, Hinderliter, Wynn, Moon, Hansen, Lavin and
Gilbert being all Aldermen voting “Aye” on roll call and no “Nay” votes, Mayor Wisslead declared
the motion carried.
RESOLUTION
ADOPTED
AS AMENDED
NO. 2010-11
Alderman Dorsett moved, seconded by Alderman Lobdell to adopt the resolution as amended, on
question being put, Aldermen Dorsett, Lobdell, Hinderliter, Wynn, Moon, Hansen, Lavin, Gilbert
and Inman being all Aldermen voting “Aye” on roll call and no “Nay” votes, Mayor Wisslead
declared the motion carried and the resolution was adopted and became Resolution No. 2010-11.
NW WATER MAIN
REPLACEMENT BID
PHASE II DENTON GUNTHER
Alderman Inman moved, seconded by Alderman Gilbert to award the bid for the Northeast
Water Main replacement, Phase II to Denton Gunther Underground, Inc. in the amount of
$346, 800.10, on question being put, Aldermen Lobdell, Hinderliter, Wynn, Moon, Hansen, Lavin,
Gilbert, Inman, and Dorsett being all Aldermen voting “Aye” on roll call and no “Nay” votes, Mayor
Wisslead declared the motion carried.
WALTON AVE SOUTH Alderman Inman moved, seconded by Alderman Lobdell to approve the purchase of property
PURCHASE PROP.
from the Sterling and Jerry Davis families in the amount of $70,000.00 for Walton Avenue South
Extension, on question being put, Aldermen Hinderliter, Wynn, Moon, Hansen, Lavin,
Gilbert, Inman, Dorsett and Lobdell being all Aldermen voting “Aye” on roll call and no “Nay”
votes, Mayor Wisslead declared the motion carried.
DAVIS LICENSE &
PROPERTY MAINT.
AGREEMENT
Alderman Dorsett moved, seconded by Alderman Lavin to approve the License and Property
Maintenance agreement with Sterling Davis, Julie Davis and Jerry Davis, on question being put,
on question being put, Aldermen Wynn, Moon, Hansen, Lavin, Gilbert, Inman, Dorsett, Lobdell,
and Hinderliter being all Aldermen voting “Aye” on roll call and no “Nay” votes, Mayor Wisslead
declared the motion carried.
E GRANT STREET
RIGHT-OF-WAY
Alderman Inman moved, seconded by Alderman Lavin to accept the right-of-way from Eloise
Lowderman along East Grant Street, on question being put, Aldermen Moon, Hansen, Lavin,
Gilbert, Inman, Dorsett, Lobdell, Hinderliter and Wynn being all Aldermen voting “Aye” on roll
Call, and no “Nay” votes, Mayor Wisslead declared the motion carried.
Legal Counsel Wilhelm presented the following ordinance for 1st reading:
An ordinance to amend Chapter 15 of the Municipal Code of Macomb, Illinois to
amend the location of stop signs at the intersection of Ward Street and Piper Street.
City Council Minutes
July 6, 2010
Page 3
Legal Counsel Wilhelm presented the following ordinance for 1st reading:
An ordinance authorizing the sale of certain personal property (vehicles and equipment)
Owned by the City of Macomb.
Legal Counsel Wilhelm presented the following ordinance for 1st reading:
An ordinance to create Section 17-606, 17-816, 17-817, 17-818, 17-819, 17-820, 17-854
and Unified Development Code to create the R-3A Limited Multiple Family residential
Zoning District.
Legal Counsel Wilhelm presented the following ordinance for 1st reading:
An ordinance to amend Section 17-42 Definitions to redefine the definition of family
within the Unified Development Code.
Legal Counsel Wilhelm presented the following ordinance for 1st reading:
An ordinance to amend Section 17-841 of the Unified Development Code to edit
The Adams Street Mixed Use Zoning District.
Legal Counsel Wilhelm presented the following ordinance for 1st reading:
An ordinance to amend Appendix A Use Matrix to create the R-3A Limited Multiple
Family Residential Zoning District Use Matrix.
Legal Counsel Wilhelm presented the following ordinance for 1st reading:
An ordinance to amend Appendix B Bulk Matrix to edit the Adams Street Mixed Use
Zoning District Bulk Matrix Criteria and create the R-3A Limited Multiple Family
Residential Zoning District Bulk Matrix Criteria.
PLAT – TWO LOT
SUBDIVISION
E CARROLL &
N DUDLEY
TABLED
Alderman Dorsett moved, seconded by Alderman Wynn to table the two lot subdivision at
the corner of East Carroll and North Dudley Streets until July 19, 2010, on question
being put, Aldermen Hansen, Lavin, Gilbert, Inman, Dorsett, Lobdell, Hinderliter, Wynn and
Moon being all Aldermen voting “Aye” on roll call, and no “Nay” votes, Mayor Wisslead declared
the motion carried.
Legal Counsel Wilhelm presented the following resolution:
A RESOLUTION FOR IMPROVEMENT BY THE MUNICIPALITY
UNDER THE ILLINOIS HIGHWAY CODE.
BE IT RESOLVED, by the Council of the City of Macomb, Illinois that the following described
Street(s) be improved under the Illinois Highway Code:
Railroad crossing closures on Madison, Campbell and Clay Streets.
BE IT FURTHER RESOLVED,
1. That the proposed improvement shall consist of pouring concrete ballards, reflective signage,
shrubbery and flower plantings. $1000 was reimbursed to the City of Macomb Beautiful for the
flower plantings and shall be constructed - wide and be designated as Section 05-00490-00RR.
2. That there is hereby appropriated the no sum of Twenty-Seven Thousand Five Hundred Forty
and 55/100*** Dollars ($27, 540.55) for the improvement of said section from the municipality’s
allotment of Motor Fuel Tax Funds.
3. That work shall be done by City labor; and
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of
this resolution to the district office of the Department of Transportation.
RESOLUTION
ADOPTED
NO. 2010-12
Alderman Dorsett moved, seconded by Alderman Lavin to adopt the resolution, all Aldermen
voted “Aye” and no “Nay” votes, Mayor Wisslead declared the motion carried and the resolution
was adopted and became Resolution No. 2010-12.
RESIGNATION
CHARLES F. LAIRD
PLANNING COMM.
Alderman Inman moved, seconded by Alderman Moon to accept the resignation from Charles
F. Laird from the Macomb Planning Commission with regret, all Aldermen voted “Aye” and no
“Nay” votes, Mayor Wisslead declared the motion carried.
EXECUTIVE
SESSION
Alderman Lobdell moved, seconded by Alderman Moon to adjourn into executive session for
the purpose of a) Appointment, employment, compensation, discipline, performance or
Dismissal of an employee of the public body or legal counsel for the public body, pursuant
to sec. 2©(1) of the Open Meetings Act b) collective bargaining matters between the public
body and it’s employees or representatives, or deliberations concerning salary schedules for one
or more classes of employees, pursuant to Sec.2(c)(2) of the Open Meetings Act, Aldermen
Lavin, Gilbert, Inman, Dorsett, Lobdell, Hinderliter, Wynn, Moon and Hansen, being all Aldermen
voting “Aye” on roll call and no “Nay” votes, Mayor Wisslead declared the motion carried and they
adjourned into executive session at 7:24 p.m.
City Council Minutes
July 6, 2010
Page 4
OPEN
SESSION
Alderman Lobdell moved, seconded by Alderman Dorsett to adjourn back into open session, all
Aldermen voted “Aye”, Mayor Wisslead declared the motion carried and they adjourned back into
open session at 7:44 p.m.
COUNCIL
ADJOURNMENT
There being no further business to come before the Council, Alderman Lavin moved, seconded
by Alderman Moon to adjourn, all Aldermen voted “Aye” and Mayor Wisslead declared the
motion carried and they adjourned at 7:45 p.m.
_____________________________________
CITY CLERK