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Agenda/Meeting Minutes
Monday, August 02, 2010
6:30 pm MINUTES OF A REGULAR MEETING
MAYOR AND BOARD OF TRUSTEES
FOR THE VILLAGE OF FORSYTH, IL Held at the Village Hall
July 19, 2010 Call to Order
Mayor Harold Gilbert called the meeting to order at 6:30 p.m. Pledge of Allegiance Roll Call
Upon call of the roll, the following Trustees were physically present: Morr, Hubbard, Reed, Rasho, Allsup. Absent: Johnson. Also Physically Present
Chuck Hunsinger, Darrell Woolums, Larry Coloni, Rhonda Stewart, Heather Kimmons, Charlyn Brautigam, Kathy Mizer, Deputy Rodgers, Brad Folsom, Steve Chase, Bryan Bell, Bud Wise. Adoption of Consent Agenda
** Consideration of items listed on the Consent Agenda under the omnibus vote designation:
1. Approval of Minutes of the Regular Village Board meeting held July 6, 2010.
2. Approval of Bills presented for payment, July 15, and 19, 2010. **Invoices are always available for review upon request.
3. Approval of Treasurer’s Report, June 2010. Trustee Hubbard moved, and Trustee Reed seconded, to approve the Consent Agenda, as presented. Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried by omnibus vote. Public Comment
No comments were made by the public. Mayor Gilbert commented that he spoke to a good friend recently about things going on in the Village, whether good or things that could possibly be improved upon. He was reminded during the discussion that the appointment made recently to the Decatur Area Convention and Visitors Bureau (DACVB) on behalf of the Village, was not brought before the Village Board for approval. Mayor Gilbert explained that following the resignation of Jimmy Peck from the DACVB due to health concerns in April, he talked with the Village Clerk about different people that may be interested in filling the position. Kevin Breheny was contacted and after discussing the matter with him, Kevin accepted the position. Mayor Gilbert stated that in the future, he would be diligent in trying to provide more information to the Board concerning this type of appointment. He apologized to the Board for his lack of communication concerning this matter. Trustee Rasho thanked the Mayor for his comments, but asked that discussion on this item be tabled. He asked that it be placed on the next meeting agenda to allow Trustees to think about how future appointments to various organizations or groups are made. Trustee Rasho suggested Staff provide Trustees with a list of the different organizations or groups the Village is part of or is represented by, and then establish a process for how appointments are made to each one. Trustee Rasho stated that in his opinion, fixing the process now will only benefit future Boards. The entire Board should be made aware of the different organizations the Village is part of, and, what the process is for appointing members to each organization.
LAW ENFORCEMENT—
Deputy Marcus Rodgers was in attendance to comment on recent activity in the Village officers have responded to. He mentioned that it has been a very busy month. Deputy Rodgers reported that three officers will be attending bike patrol school and noted that once each one has successfully completed the training, they will be state certified. The bikes allow officers to access areas where vehicles may not be able to go. ENGINEER’S REPORT—
Engineer Chuck Hunsinger was asked about the status of easement concerning the Oreana Water Line Extension Project. The Village has obtained two. Chuck was also asked what the risk potential was for the Village if the project continues to be delayed. Chuck replied that the Village has obligated funding for the water line extension, and added that he does believe the Village of Oreana will complete it. It is just going to take some time for them to do so. VILLAGE ADMINISTRATOR’S REPORT —
Village Administrator Heather Kimmons provided Trustees with a written report outlining items she has been working on or the status of ongoing projects in the Village. Any action items for the Board to consider have been listed under either ‘Old Business” or New Business”. OLD BUSINESS: Approval of Ordinance No. 797 - Variance for 1210 Raptor Lane
Trustee Rasho moved, and Trustee Hubbard seconded, to approve Ordinance No. 797 An ordinance approving the zoning variance for 1210 Raptor Lane. The ordinance allows the property owner to exceed the maximum allowable foundation height by six inches as outlined in the Owner’s Declaration for the Grayhawk Subdivision. Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried.
Approval of Ordinance No. 798 – Special Use Permit for Sears
Trustee Hubbard moved, and Trustee Rasho seconded, to approve Ordinance No. 798 an ordinance approving the Special Use Permit for Sears Store located in Hickory Point Mall. The ordinance allows the display seasonal merchandise on the sidewalk outside the store during the period of March through October on an annual basis (Section 5.5 B (11). Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried. Approval of Ordinance No. 799 – Special Use Permit
for MAC’s Convenience Store
Trustee Allsup moved, and Trustee Rasho seconded, to approve Ordinance No. 799 An ordinance approving the Special Use Permit for the Mac’s Convenience Store located at 1315 Koester Drive. The ordinance allows the store to display an ice machine on a permanent basis. Section 5.5 B (11). Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried. Approval of Ordinance No. 800 – Special Use Permit for Menards
Trustee Hubbard moved, and Trustee Allsup seconded, to approve Ordinance No. 800 an ordinance approving the Special Use Permit for the Menards Store located at 533 Market Drive. The ordinance allows the store to maintain a display of propane cylinders, seasonal merchandise and landscaping blocks at the store outside of the garden area on an annual basis. Section 5.5 B (11). Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried. Amendment to the Community Activities and Events Advisory Committee Charter
Trustee Allsup moved, and Trustee Rasho seconded, to approve the amendment to the Community Activities and Events Advisory Committee Charter. The Mayor and Board of Trustees approved adding two members to this committee to serve three-year terms. The committee will now consist of nine (9) members, one of whom shall be a Village Trustee serving as the chair. Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried.
Weaver Road Bridge Repair
Village Administrator Heather Kimmons referred to the letter and bid information received from SKS Engineers, Inc. concerning the Weaver Road Bridge repair project. The Village opened bids for this project on July 15, 2010. Heather mentioned that although the Village anticipated possibly receiving as many as four bid proposals for the project, only was received. The bid came from Halverson Construction from Springfield, Illinois in the amount of $173,650. Heather stated that the bid price was within the amount budgeted for this project and recommended the Board award a contract to Halverson Construction for this repair of the Weaver Road Bridge. Following a brief discussion Trustee Morr moved, and Trustee Rasho seconded to award a contract to Halverson Construction in the amount of $173,650 for the Weaver Road Bridge repair project, contingent upon work on this project being delayed until the work on the Stevens Creek Bridge along County Highway 20, east of Hundley Road is open permanently to traffic. Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried. NEW BUSINESS Zoning Board of Appeals Report
o Variance for Hickory Point Mall
In the absence of the chair for the Zoning Board of Appeals (ZBA), member Carel ‘Bud” Wise volunteered to present the report on behalf of the ZBA. Bud explained that the owners of Hickory Point Mall are asking for approval to take the necessary steps to upgrade the parking lot lighting for the mall to current standards. He described the existing lights and poles as being approximately 25 years old and noted that they leave a lot of dark areas throughout the parking lot. Bud mentioned that the new lights will bring the mall parking lot lighting to a level that provides a safe and energy efficient environment for the center. The new lights focus the light downward instead of outward. This should eliminate some of the dark areas that are present with the existing lights. Three variances being requested are:
1. To exceed the current lighting standard of “average maintained illumination between one (1) and three (3) foot candles”. The proposed parking lot lighting design will provide an average maintained light level of 4.4 foot candles with a more energy efficient light fixture than the existing “cobra head” fixtures.
2. To allow spillage from the new lights onto the Fairfield Inn property. The light poles will be lowered and shields placed on the fixtures to direct the lighting downward. There will be light spillover off of the mall property, but the light level goes below .5 before reaching Valerian Drive or McDonald Avenue and any of the homes in that area.
3. To allow spillage from the new lights onto the Homewood Suites property. The poles will be lowered and shields placed on the light poles as well, but the spillover extends into the parking field of the Fairfield Inn and the grassed parcel adjacent to the Homewood Suites. Bud mentioned that copies of the design plans were sent to the two hotel properties and noted that both returned a letter to the Village expressing their support of the new lights. Neither business expressed any opposition to the proposed lights. Bud reported that the ZBA voted unanimously to recommend approval of the variances requested. Trustee Morr asked that if the Board does approve this petition, and for whatever reason received a complaint concerning the lighting levels, are there shields that can be added to address the complaints. Brad Folsom replied that yes, additional shields could be used to further restrict the lighting level. Trustee Morr moved, and Trustee Allsup seconded, to accept the recommendation from the Zoning Board of Appeals and grant the three variances requested. The variances include: 1. To exceed the current lighting standard of “average maintained illumination between one (1) and three (3) foot candles”. The parking lot lighting design will provide an average maintained light level of 4.4 foot candles with a more energy efficient light fixture than the existing “cobra head” fixtures.
2. To allow spillage from the new lights onto the Fairfield Inn property. The light poles will be lowered and shields placed on the fixtures to direct the lighting downward. There will be light spillover off of the mall property, but the light level goes below .5 before reaching Valerian Drive or McDonald Avenue and any of the homes in that area.
3. To allow spillage from the new lights onto the Homewood Suites property. The poles will be lowered and shields placed on the light poles as well, but the spillover extends into the parking field of the Fairfield Inn and the grassed parcel adjacent to the Homewood Suites.
Section 5.5 (B) (7) (a) (b).
Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried. Approval of Temporary Outdoor Display Permit – Circle K
Trustee Morr moved, and Trustee Hubbard seconded, to approve the Temporary Outdoor Display Permit for the Circle K Convenience Store located at 1315 Koester Drive. Approval allows the business to display and sell bottled water outside of the store from now through September 30, 2010. Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried. Ordinance No. 796, Amending Section 110.01,
Outdoor Merchandise Displays and Advertising
Trustee Allsup moved, and Trustee Morr seconded, to approve Ordinance No. 796, Amending Section 110.01 Outdoor Merchandise Displays. The amendment allows the Village Administrator to review and at her discretion approve outdoor displays or advertising permits without Board approval. Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried. Village Administrator Heather Kimmons mentioned that in the event she has a question or concern about any permit submitted, the request would be presented to the Board for consideration and approval. Expansion of or Addition of Alternates to Advisory Committees
Village Administrator Heather Kimmons mentioned that when the Board discussed and approved expanding the Activities and Events Committee, some of the Trustees stated they would also like to add alternates to their advisory committees. The alternates would attend meetings and participate to the extent that the participation of one or both was needed to establish a quorum for that meeting. Heather reported that Trustee Morr has expressed an interest in adding two alternates to the Parks and Recreation Committee. Trustee Hubbard moved, and Trustee Rasho seconded, to approve adding two alternates to the Parks and Recreation Committee. Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried.
Contract to Purchase Energy
Village Administrator Heather Kimmons asked that this item be tabled until the next regular meeting to allow a little more time to review the proposals submitted and to ensure that any recommendation presented to the Board in her opinion, is the best one for the Village. Trustees agreed and Mayor Gilbert asked that this item be placed on the next regular meeting agenda. Approval of Ameren/IP – Village License Agreement
Village Administrator Heather Kimmons referred to a proposed agreement between the Village of Forsyth and Ameren/IP. She mentioned that Attorney Darrell Woolums has reviewed the document and added that in her opinion, is self explanatory. The agreement allows Ameren/IP to relocate the utility line along Smith Street onto the former Illinois Central Railroad right-of-way as described in the license. Heather recommended the agreement be approved. Trustee Rasho moved, and Trustee Morr seconded, to approve the agreement between the Village and Ameren/IP, and authorize the Mayor to sign the document. Upon a call of the roll, the vote was: Yeas: 5—Morr, Hubbard, Reed, Rasho, Allsup.
Nays: 0—None.
Absent: 1—Johnson.
Motion declared carried. Trip Hazard Removal
Public Works Director Larry Coloni provided Trustees with information from “Safe Step”, the Trip Hazard Removal Specialist for the Board to review. He explained that company representatives came to Forsyth last week to demonstrate the process they use for eliminating sidewalk trip hazards. Larry encouraged Trustees to view the work performed by Safe Step at the west entrance to the library. He stated that he was impressed with the way the sidewalk looks once the work has been completed. Larry commented that he does not feel any action is needed by the Board since sidewalk repairs are part of the operating budget, but did want Trustees to be aware of the work planned. He explained that he would like to contract with the company to come in and address some of the sidewalk issues in the Forsyth Park Estates Subdivision and see how it goes. Based on the total cost for the repairs in this area, Larry stated that he would like to incorporate the cost for repairs in other subdivisions into next year’s budget. Request for Packaged Liquor License for Non-Restaurant (Phillips 66 Station)
Mayor Gilbert referred to a letter submitted to the Village concerning an interest in selling packaged liquor at one of the Village’s two gas stations. He explained that although the Village has a “Class C” Liquor License, it prohibits selling packaged liquor at a gas station. Mayor Gilbert expressed his hope that the Board would maintain its existing ordinance concerning this issue and not consider making any changes to it. Village Administrator Heather Kimmons stated that she placed this item on the agenda in order to gauge the Board’s interest/opinions on this issue. She mentioned that she has reviewed Forsyth’s Liquor Ordinance and believes that it is possible to add another license class. The restrictions on a new class would be determined by the Board. Trustees discussed this issue at length. There was a consensus from Trustees to ask the Village Administrator to evaluate the existing ordinances and present options to the Board to consider relating to the sale of alcohol at filling stations. Illinois Municipal League Annual Conference Attendance
Village Administrator Heather Kimmons reported that she placed this item on the agenda for Board discussion and potential action. She commented that it has been brought to her attention that not all of the elected officials may be in favor of anyone going this year. Heather asked for input on how she should proceed. She mentioned that it appears that the average cost per person to attend the conference in the past is $800 per person. Trustees agreed that it is a small price to pay for what is learned from the conference. Trustee Rasho stated that he attended the conference last year and noted that he found the conference to be an excellent learning experience. He mentioned that he plans to attend again this year and encouraged everyone to attend. It is money well spent. Heather mentioned that she should like the Board to consider allowing Kim Stahulak to go this year. She explained that Kim is the first person people see when they come into Village Hall. Trustees agreed that if anyone wants to go to the conference this year, they should fill out their registration form as soon as possible to allow time to process the registration fee. Adjournment
Trustee Rasho moved, and Trustee Hubbard seconded, that the meeting be adjourned. The meeting was adjourned at 7:58 p.m. by voice vote. By: Village Clerk |
