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East Central Reporter

Thursday, May 23, 2024

City of Mattoon City Council met Sept. 5

City of Mattoon City Council met Sept. 5.

Here are the minutes provided by the council:

The City Council of the City of Mattoon held a Regular City Council meeting in the Council Chambers of City Hall on September 5, 2023. Mayor Hall presided and called the meeting to order at 6:30 p.m.

Mayor Hall led the Pledge of Allegiance.

The following members of the Council answered roll call physically present in person: YEA Commissioner Jim Closson, YEA Commissioner Dave Cox, YEA Commissioner Sandra Graven, YEA Commissioner David Phipps and YEA Mayor Rick Hall.

Also physically present were City personnel: City Administrator Kyle Gill, City Attorney Daniel C. Jones, Finance Director/Treasurer Beth Wright, Arts & Tourism Director Angelia Burgett, Public Works Director Dean Barber, Fire Chief Jeff Hilligoss, Police Chief Sam Gaines, Code Enforcement Alex Benishek, Information Technology Director Dalton Roberts, and City Clerk Susan O’Brien.

CONSENT AGENDA

Mayor Hall seconded by Commissioner Cox moved to approve the consent agenda consisting of Regular Meeting minutes of August 15, 2023; bills and payroll for the last half of August 2023; payment of the HOME Rehab checks.

Bills and payroll for the last half of August, 2023

General Fund

Payroll $ 580,615.33

Bills $ 210,720.94

Total $ 791,336.27

Hotel Tax Administration

Payroll $ 8,986.24

Bills $ 16,805.37

Total $ 25,791.61

Festival Mgmt Fund 

Bills $ 8,052.73

Total $ 8,052.73

Insurance & Tort Jdgmnt 

Bills $ 5,265.00

Total $ 5,265.00

Midtown TIF Fund 

Bills $ 4,677.60

Total $ 4,677.60

Capital Project Fund 

Bills $ 147,762.64

Total $ 147,762.64

Water Fund

Payroll $ 86,641.73

Bills $ 104,410.53

Total $ 191,052.26

Sewer Fund

Payroll $ 98,852.38

Bills $ 144,132.10

Total $ 242,984.48

Health Insurance Fund

Bills $ 294,478.54

Total $ 294,478.54

Motor Fuel Tax Fund

Bills $ 42,436.27

Total $ 42,436.27

Mayor Hall declared the motion carried by the following omnibus vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

PRESENTATIONS, PETITIONS AND COMMUNICATIONS

This portion of the City Council meeting is reserved for persons who desire to address the Council. The Illinois Open Meetings Act mandates that the City Council may NOT take action on comments received on matters that have not been identified on this agenda, but the Council may direct staff to address the topic or refer the matter for action on the agenda for another meeting. Persons addressing the Council are requested to limit their presentations to three minutes and to avoid repetitious comments. We would also ask you to state your name and address for the record as well as stand when speaking.

Mayor Hall opened the floor for Public comments. Ms. Saleena Fasig of 801 N. 11th Street addressed the Council with regards to her fence and property line. Mayor Hall summarized the issue and stated the issue was being addressed. Commissioner Cox thanked her for attending. Mayor Hall called for further Public comments with no response.

Acknowledging the retirement of Adam Jenkins with 19 years of service with the City at the Police Department on September 07, 2023.

Mayor Hall and Chief Gaines presented Sgt. Adam Jenkins with a retirement plaque and provided accolades for his service.

PUBLIC HEARING – Lake Paradise Pathways Revitalization Project

Mayor Hall opened the Public Hearing for the OSLAD Lake Paradise Pathways Revitalization Project at 6:40 p.m. in the City Hall Council Chambers located at 208 N. 19th Street, Mattoon, Illinois. Manager Benishek explained the Federally-competitive grant, an AmeriCorps service group, the community members approaching the City to have a more safe surroundings at Lake Paradise to the five mile trail, the setback description, trail work and maintenance to better connect the community and future bike trail connection, re-investing, long-range maintenance plan, an overview of the project, National Resources Management Plan in the future, September 15th start date for eight weeks, eight AmeriCorps members who could save an average of $27.00 per hour resulting in a savings of nearly $70,000 in labor to have trails. Mayor Hall opened the floor for questions and noted this was one of many projects to inspire people to live here with things to do and the AmeriCorps members staying at Camp New Hope.

Ms. Saleena Fasig stated her support for the project. Mr. Tom Seip of 3331 W. Lake Paradise Road expressed support for the development and tourism and was concerned for the care of development and safety of people including issues along the roadways; and requested a joint effort with Paradise Township for road maintenance and hiring of an employee to mow. Commissioner Cox inquired if the AmeriCorps members were full-time employees. Manager Benishek noted through the mapping process a permanent request for a full-time person at $1,000 per year was possible and have that person in charge of community volunteers to help. Mayor Hall closed the Public Hearing at 6:54 p.m.

PUBLIC HEARING – Proposed Remington Road Redevelopment Project and TIF District

Mayor Hall opened the Public Hearing for the Proposed Remington Road Redevelopment Project and TIF District at 6:54 p.m. in the City Hall Council Chambers located at 208 N. 19th Street, Mattoon, Illinois. Mr. John Brancaglione of PGAV Planners, L.L.C. explained the creation of a Tax Increment Financing District (TIF) including the boundaries, 15 vacant parcels, approximately 160 acres, no new taxes, capture of new property taxes generated after development to finance projects, City’s steps of notices to the Public and property owners on July 7th, qualification of designation for vacant land meeting obsolete platting and property being subject to chronic flooding via the engineer’s report, subdivision of plat had taken place, concept development plan, commercial development on frontage and adjacent quadrants, redevelopment project costs of $35 million eligible to be financed, private funding and public funding and grants, $26 million for roads, water and sewer and stormwater lines, conceptual development plan in the Comprehensive City Plan. Administrator Gill noted all notices went out and everything outlined was up-to-date. Commissioner Closson inquired as to the Public Works improvements of $2.5 million. Mr. Brancaglione explained the District revenues were included in the commercial development with Administrator Gill noting $1.5 million was for roads only. Mayor Hall opened the floor for questions and added this was a big economic project for Mattoon for the next few years a significant change to Mattoon with the potential of 500,000 visitors each year. Mr. Brancaglione added that these projects are very popular and sought after around the country. Administrator Gill called for further public comments with no response. Mayor Hall closed the Public Hearing at 7:06 p.m.

NEW BUSINESS

Commissioner Closson seconded by Commissioner Cox moved to adopt Ordinance No. 2023- 5469, approving the amendment to the municipal code Chapter 98 Reservoir Control, Section 98.100 Campground and Dock Rules and Regulations to update the Lake and Campground rules and regulations.

CITY OF MATTOON, ILLINOIS

ORDINANCE NO. 2023-5469

AN ORDINANCE AMENDING CHAPTER 98 RESERVOIR CONTROL, SECTION 98.100 CAMPGROUND AND DOCK RULES AND REGULATIONS, OF THE CITY OF MATTOON CODE OF ORDINANCES

WHEREAS, the City of Mattoon has previously acknowledged the need for establishing rules and regulations by passing The City of Mattoon Reservoir Control Ordinance; and

WHEREAS, the City by its duly authorized agents or representatives, reserve the rights to enforce said rules and regulations established by the City Council; and

WHEREAS, the rules and regulations may be amended or repealed by the City Council as deemed necessary at its sole discretion; and

WHEREAS, City representatives recommend amending the rules and regulations to Section 98.100 and the attached exhibits; and

WHEREAS, the City Council desire to formalize the recommended amendments to Section 98.100 and Exhibits A and B.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF MATTOON, COLES COUNTY, ILLINOIS, as follows:

Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.

Section 2. Amendments. Chapter 98 RESERVOIR CONTROL, Section 98.100 CAMPGROUND AND DOCK RULES AND REGULATIONS, along with EXHIBIT A and EXHIBIT B, of the Code of Ordinances of the City of Mattoon are hereby repealed and replaced as follows:

Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clause and phrases may be declared unconstitutional.

Section 4. The City Clerk is hereby directed to cause this ordinance to be published in pamphlet form.

Section 5. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 10 days after its publication in pamphlet form as herein provided.

Upon motion by Commissioner Closson_, seconded by Commissioner Cox_, adopted this 5th day of September , 2023, by a roll call vote, as follows:

AYES (Names): Commissioner Closson, Commissioner Cox,______

Commissioner Graven, Commissioner Phipps,____

Mayor Hall________________________________

NAYS (Names): None_____________________________________

ABSENT (Names): None_____________________________________

Approved this 5th day of September , 2023.

/s/Rick Hall______________

Rick Hall, Mayor

City of Mattoon, Illinois

ATTEST: 

/s/Susan J. O'Biren________

Susan J. O’Brien, City Clerk

APPROVED AS TO FORM:

/s/Dan C. Jones __________

Dan C. Jones, City Attorney

Recorded in the Municipality’s Records on 09-05 , 2023

Mayor Hall opened the floor for comments. Administrator Gill noted most of the regulations had been adopted over the years but had not been codified and addressed vague issues; and acknowledged the work of Lake Supervisor John Wurtsbaugh on the document. Commissioner Graven noted #35 had a misspelling of “cleaning”, which was to be corrected.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Mayor Hall seconded by Commissioner Phipps moved to adopt Special Ordinance No. 2023- 1870, approving the re-plat of Lot 4 of the Cross County Mall Outlot Subdivision. Petitioner: Rural King Realty, L.L.C.

CITY OF MATTOON, ILLINOIS

SPECIAL ORDINANCE NO. 2023-1870

AN ORDINANCE APPROVING THE RE-PLAT OF LOT 4 IN CROSS COUNTY MALL OUTLOT SUBDIVISION

WHEREAS, Rural King Realty L.L.C. owners of the following described property:

Lot 4 in Cross County Mall Outlot Subdivision, in the City of Mattoon,

Part of Section 18, T-12-N, R-8-E, 3RD P.M., Lafayette Township, Coles County, Illinois. (PIN 06-0-00661-000)

has caused said premises to be surveyed and subdivided into 2 lots, be granted a re-plating of the subdivision to allow for additional commercial development; and

WHEREAS, said plat of the subdivision to be known as the Cross County Mall Outlot Subdivision, a Commercial Subdivision in the City of Mattoon, Coles County, Illinois has been submitted to the City Council of the City of Mattoon for approval in the manner as by law required, which plat is attached hereto as Exhibit “A” and made a part hereof by reference thereto; and

WHEREAS, it appears from an examination of said plat that the same is in due form as required by law and complies with all rules, regulations, and requirements relative to subdivisions in the City of Mattoon, Illinois, and that by said plat should be approved; and

WHEREAS, the Planning Commission of the City of Mattoon, on August 22, 2023, recommended said re-plat be approved.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF MATTOON, COLES COUNTY, ILLINOIS, as follows:

Section 1. Pursuant to enabling authority, that the re-plat of Lot 4, of Cross County Mall Outlot Subdivision, a Commercial Subdivision in the City of Mattoon, Coles County, Illinois, with a legal description as:

Lot 4 in Cross County Mall Outlot Subdivision, in the City of Mattoon,

Part of Section 18, T-12-N, R-8-E, 3RD P.M., Lafayette Township, Coles County, Illinois. (PIN 06-0-00661-000)

be hereby approved and certificate of such approval be endorsed upon said plat signed by the Mayor and the City Clerk in the manner as provided by law.

Section 2. This ordinance shall be deemed published as of the day of its adoption and approval by the City Council.

Section 3. This ordinance shall be effective upon its approval as provided by law.

Section 4. The City Clerk shall make and record a duly certified copy of this ordinance with the Clerk and Recorder’s Office of Coles County, Illinois.

Upon motion by Mayor Hall seconded by Commissioner Phipps_, adopted this 5th day of September , 2023, by a roll call vote, as follows:

AYES (Names): Commissioner Closson, Commissioner Cox,______

Commissioner Graven, Commissioner Phipps,____

Mayor Hall________________________________

NAYS (Names): None_____________________________________

ABSENT (Names): None_____________________________________

Approved this 5th day of September , 2023.

/s/Rick Hall______________________

Rick Hall, Mayor

City of Mattoon, Coles County, Illinois

ATTEST: 

/s/Susan J. O'Biren________

Susan J. O’Brien, City Clerk

APPROVED AS TO FORM:

/s/Dan C. Jones __________

Dan C. Jones, City Attorney

Recorded in the Municipality’s Records on 09-05, 2023.

Mayor Hall opened the floor for comments. Administrator Gill noted the location of Lot 4 as the front outlot area; described area which was subdividing into two lots with no easements; and announced the final plat.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Mayor Hall seconded by Commissioner Cox moved to adopt Special Ordinance No. 2023-1871, approving the Final Plat and rezoning of Emerald Acres Subdivision. Petitioners: AJMA Holdings LLC, Speer RE Holdings LLC, & Mattoon Sports Complex Inc.

CITY OF MATTOON, ILLINOIS

SPECIAL ORDINANCE NO. 2023-1871

AN ORDINANCE APPROVING THE FINAL PLAT OF EMERALD ACRES SUBDIVISION

WHEREAS, AJMA Holdings LLC, Speer RE Holdings LLC, & Mattoon Sports Complex Inc 501c(3), owners of the following described property:

Part of the South Half of Section 17 and part of the Southwest Quarter of Section 16 and part of the Northwest Quarter of Section 21 and part of the Northeast Quarter of Section 20, all in Township 12 North, Range 8 East of the Third Principal Meridian, Coles County, Illinois, being more particularly described as:

Beginning at the Southeast comer of the Southwest Quarter of said Section 17; thence South 88 degrees 25 minutes 35 seconds West (Assumed Bearings) - 879.57 feet on the South line of the Southwest Quarter of said Section 17; thence North 00 degrees 08 minutes 55 seconds West- 14.62 feet on the extension of the Easterly Right-of-Way line of Dettro Drive to the Northerly Right-of-Way line of Country Club Road; thence North 88 degrees 37 minutes 34 seconds East-345.51 feet (recorded as 345.60 feet) on said Northerly Right-of-Way line; thence North 01 degrees 15 minutes 08 seconds West-5.00 feet on said Northerly Right-of-Way line; thence North 88 degrees 12 minutes 50 seconds East-59.14 feet on said Northerly Right-of-Way line; thence North 00 degrees 05 minutes 31 seconds West-527.04 feet on the East line of a parcel of land described io Special Warranty Deed Document Number 201600766233 recorded io the Coles County Recorder's Office; thence South 88 degrees 35 minutes 41 seconds West-432.79 feet to the Easterly Right-of-Way line of Dettro Drive; thence North 08 degrees 23 minutes 46 seconds West-662.99 feet on said Easterly Right-of-Way line; thence North 89 degrees 45 minutes 18 seconds East-528.45 feet; thence North 00 degrees 05 minutes 31 seconds West-150.57 feet on the East line of a parcel of land described in Special Warranty Deed Document Number 2016007 66233 recorded in the Coles County Recorder's Office to the South line of Block Sixteen of McFall/Swords Commercial/Residential Development Phase I; thence South 89 degrees 44 minutes 25 seconds West- 21.16 feet (recorded as 23.49 feet) on said South line; thence North 00 degrees 10 minutes 43 seconds West-175.00 feet on the East line of Lot 5 in Block Sixteen of McFall/Swords Commercial/Residential Development Phase I; thence North 89 degrees 44 minutes 25 seconds East-811.50 feet on the Southerly Right-of-Way line of Remington Road; thence North 00 degrees 23 minutes 53 seconds West-60.00 feet to the Southwest comer of Outlot A in Block 2 of McFall/Swords Commercial/Residential Development Phase II; thence North 89 degrees 45 minutes 02 seconds East -914.35 feet (recorded as 914.18 feet) on the South line of Block 2 of said McFall/Swords Commercial/Residential Development Phase II; thence North 00 degrees O1 minutes 23 seconds East-1068.68 feet (recorded as 1068.64 feet) on the East line of said Phase II; thence South 85 degrees 35 minutes 36 seconds East-423.12 feet on the Southerly Right-of Way line of Illinois Route 16; thence South 77 degrees 25 minutes 51 seconds East-225.61 feet on said Southerly Right-of-Way line; thence South 46 degrees 55 minutes 11 seconds East-240.52 feet on said Southerly Right-of-Way line, also being the Westerly Right-of-Way line of F.A.I. Route 57; thence South 27 degrees 35 minutes 13 seconds East-243.66 feet on said Westerly Right-of-Way line; thence South 36 degrees 42 minutes 58 seconds East-165.08 feet on said Westerly Right-of-Way line; thence South 70 degrees 41 minutes 03 seconds East-294.36 feet on said Westerly Right-of-Way line; thence South 41 degrees 11 minutes 48 seconds East-175.25 feet on said Westerly Right-of-Way line; thence South 00 degrees 48 minutes O1 seconds West-415.98 feet on said Westerly Right-of-Way line; thence North 88 degrees 46 minutes 13 seconds East-45.55 feet on said Westerly Right-of-Way line; thence South 03 degrees 22 minutes 37 seconds East-319.26 feet on said Westerly Right-of-Way line; thence South 01 degrees 34 minutes 55 seconds East-1893.70 feet on said Westerly Right-of Way line; thence South 88 degrees 39 minutes 41 seconds West-136.83 feet to the East line of the Northeast Quarter of said Section 20; thence South 00 degrees 34 minutes 28 seconds West -125.00 feet on said East line; thence South 88 degrees 41 minutes 20 seconds West-1316.23 feet to the West line of the Northeast Quarter of the Northeast Quarter of said Section 20; thence North 00 degrees 33 minutes 23 seconds East-998.39 feet on said West line; thence South 88 degrees 36 minutes 26 seconds West-36.87 feet on the South line of the Southeast Quarter of said Section 17; thence North 00 degrees 24 minutes 10 seconds West-338.02 feet (recorded as 337.91 feet); thence South 88 degrees 32 minutes 09 seconds West-914.71 feet; thence South 00 degrees 03 minutes 28 seconds West 336.94 feet on the West line of a parcel of land described in Warranty Deed Document Number 201000722683 recorded in the Coles County Recorder's Office; thence South 88 degrees 36 minutes 26 seconds West-362.34 feet on the South line of the Southeast Quarter of said Section 17 to the Point of Beginning. has caused said premises to be surveyed and subdivided into 16 lots, be granted rezoning in accordance to the zoning requested on the platted lots of the subdivision. Lots 1-8 be granted rezoning to C3, Service Commercial District, Lots 9 & 10 be granted rezoning to R1-Single Family Residential District with a Special Use on Lot 9 for outdoor athletic fields, Lot 11 to remain C1 Commercial District and Lots 12-16 be granted rezoning to C3, Service Commercial District shown on the plat submitted to the City Council for approval in accordance with the Statute of the State of Illinois in such made and provided; and

WHEREAS, said plat of the subdivision to be known as Emerald Acres Subdivision, a Commercial and Residential Subdivision in the City of Mattoon, Coles County , Illinois has been submitted to the City Council of the City of Mattoon for approval in the manner as by law required, which plat is attached hereto as Exhibit “A” and made a part hereof by reference thereto; and

WHEREAS, it appears from an examination of said plat that the same is in due form as required by law and complies with all rules, regulations, and requirements relative to subdivisions and zoning in the City of Mattoon, Illinois, and that by said plat should be approved; and

WHEREAS, the Planning Commission of the City of Mattoon, on August 22, 2023, recommended said plat, rezoning and special use be approved.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF MATTOON, COLES COUNTY, ILLINOIS, as follows:

Section 1. Pursuant to enabling authority, that the plat, of Emerald Acres Subdivision, a Commercial and Residential Subdivision in the City of Mattoon, Coles County, Illinois, legally described as:

Part of the South Half of Section 17 and part of the Southwest Quarter of Section 16 and part of the Northwest Quarter of Section 21 and part of the Northeast Quarter of Section 20, all in Township 12 North, Range 8 East of the Third Principal Meridian, Coles County, Illinois, being more particularly described as:

Beginning at the Southeast comer of the Southwest Quarter of said Section 17; thence South 88 degrees 25 minutes 35 seconds West (Assumed Bearings) - 879.57 feet on the South line of the Southwest Quarter of said Section 17; thence North 00 degrees 08 minutes 55 seconds West- 14.62 feet on the extension of the Easterly Right-of-Way line of Dettro Drive to the Northerly Right-of-Way line of Country Club Road; thence North 88 degrees 37 minutes 34 seconds East-345.51 feet (recorded as 345.60 feet) on said Northerly Right-of-Way line; thence North 01 degrees 15 minutes 08 seconds West-5.00 feet on said Northerly Right-of-Way line; thence North 88 degrees 12 minutes 50 seconds East-59.14 feet on said Northerly Right-of-Way line; thence North 00 degrees 05 minutes 31 seconds West-527.04 feet on the East line of a parcel of land described io Special Warranty Deed Document Number 201600766233 recorded io the Coles County Recorder's Office; thence South 88 degrees 35 minutes 41 seconds West-432.79 feet to the Easterly Right-of-Way line of Dettro Drive; thence North 08 degrees 23 minutes 46 seconds West-662.99 feet on said Easterly Right-of-Way line; thence North 89 degrees 45 minutes 18 seconds East-528.45 feet; thence North 00 degrees 05 minutes 31 seconds West-150.57 feet on the East line of a parcel of land described in Special Warranty Deed Document Number 2016007 66233 recorded in the Coles County Recorder's Office to the South line of Block Sixteen of McFall/Swords Commercial/Residential Development Phase I; thence South 89 degrees 44 minutes 25 seconds West- 21.16 feet (recorded as 23.49 feet) on said South line; thence North 00 degrees 10 minutes 43 seconds West-175.00 feet on the East line of Lot 5 in Block Sixteen of McFall/Swords Commercial/Residential Development Phase I; thence North 89 degrees 44 minutes 25 seconds East-811.50 feet on the Southerly Right-of-Way line of Remington Road; thence North 00 degrees 23 minutes 53 seconds West-60.00 feet to the Southwest comer of Outlot A in Block 2 of McFall/Swords Commercial/Residential Development Phase II; thence North 89 degrees 45 minutes 02 seconds East -914.35 feet (recorded as 914.18 feet) on the South line of Block 2 of said McFall/Swords Commercial/Residential Development Phase II; thence North 00 degrees O1 minutes 23 seconds East-1068.68 feet (recorded as 1068.64 feet) on the East line of said Phase II; thence South 85 degrees 35 minutes 36 seconds East-423.12 feet on the Southerly Right-of- Way line of Illinois Route 16; thence South 77 degrees 25 minutes 51 seconds East-225.61 feet on said Southerly Right-of Way line; thence South 46 degrees 55 minutes 11 seconds East-240.52 feet on said Southerly Right of-Way line, also being the Westerly Right-of-Way line of F.A.I. Route 57; thence South 27 degrees 35 minutes 13 seconds East-243.66 feet on said Westerly Right-of-Way line; thence South 36 degrees 42 minutes 58 seconds East-165.08 feet on said Westerly Right-of-Way line; thence South 70 degrees 41 minutes 03 seconds East-294.36 feet on said Westerly Right-of-Way line; thence South 41 degrees 11 minutes 48 seconds East-175.25 feet on said Westerly Right-of-Way line; thence South 00 degrees 48 minutes O1 seconds West-415.98 feet on said Westerly Right-of-Way line; thence North 88 degrees 46 minutes 13 seconds East-45.55 feet on said Westerly Right-of-Way line; thence South 03 degrees 22 minutes 37 seconds East-319.26 feet on said Westerly Right-of-Way line; thence South 01 degrees 34 minutes 55 seconds East-1893.70 feet on said Westerly Right-of-Way line; thence South 88 degrees 39 minutes 41 seconds West-136.83 feet to the East line of the Northeast Quarter ofsaid Section 20; thence South 00 degrees 34 minutes 28 seconds West -125.00 feet on said East line; thence South 88 degrees 41 minutes 20 seconds West-1316.23 feet to the West line of the Northeast Quarter of the Northeast Quarter of said Section 20; thence North 00 degrees 33 minutes 23 seconds East-998.39 feet on said West line; thence South 88 degrees 36 minutes 26 seconds West-36.87 feet on the South line of the Southeast Quarter of said Section 17; thence North 00 degrees 24 minutes 10 seconds West-338.02 feet (recorded as 337.91 feet); thence South 88 degrees 32 minutes 09 seconds West-914.71 feet; thence South 00 degrees 03 minutes 28 seconds West-336.94 feet on the West line of a parcel of land described in Warranty Deed Document Number 201000722683 recorded in the Coles County Recorder's Office; thence South 88 degrees 36 minutes 26 seconds West-362.34 feet on the South line of the Southeast Quarter of said Section 17 to the Point of Beginning.

PINs: 06-0-00587-003; 06-0-00559-007; 06-0-00587-001; 06-0-00559-002; 06-0-05122-000; 06-0-05123- 000; 06-0-05124-000; 06-0-05125-000; 06-0-05126-000; 06-0-05127-000; 06-0-05128-000; 06-0-05129- 000; 06-0-00562-000; 06-0-00715-000; 06-0-00715-001; 06-0-00510-002; 06-0-00763-004.

be hereby approved and certificate of such approval be endorsed upon said plat signed by the Mayor and the City Clerk in the manner as provided by law.

Section 2. This ordinance shall be deemed published as of the day of its adoption and approval by the City Council.

Section 3. This ordinance shall be effective upon its approval as provided by law.

Section 4. The City Clerk shall make and record a duly certified copy of this ordinance with the Clerk and Recorder’s Office of Coles County, Illinois.

Upon motion by Mayor Hall seconded by Commissioner Cox_, adopted this 5th day of September , 2023, by a roll call vote, as follows:

AYES (Names): Commissioner Closson, Commissioner Cox,______

Commissioner Graven, Commissioner Phipps,_____

Mayor Hall_________________________________

NAYS (Names): None______________________________________

ABSENT (Names): None______________________________________

Approved this 5th day of September , 2023.

/s/Rick Hall______________________

Rick Hall, Mayor

City of Mattoon, Coles County, Illinois

ATTEST: 

/s/Susan J. O'Biren________

Susan J. O’Brien, City Clerk

APPROVED AS TO FORM:

/s/Dan C. Jones __________

Dan C. Jones, City Attorney

Recorded in the Municipality’s Records on 09-05, 2023.

Mayor Hall opened the floor for questions/comments. Administrator Gill explained the process of TIF where the final plat had be in place before designation of a TIF, the minor changes and rezonings to C-3 for proper zoning resulting in a good plat.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Mayor Hall Seconded by Commissioner Cox moved to adopt Special Ordinance No. 2023-1872, approving the Special Use for the construction and operation of outdoor sports fields located in Emerald Acres. Petitioners: AJMA Holdings LLC, Speer RE Holdings LLC, & Mattoon Sports Complex Inc.

CITY OF MATTOON, ILLINOIS

SPECIAL ORDINANCE NO. 2023-1872

AN ORDINANCE GRANTING A SPECIAL USE FOR CONSTRUCTION AND OPERATION OF OUTDOOR SPORTS FIELDS

WHEREAS, AJMA Holdings L.L.C., Speer RE Holdings L.L.C., and Mattoon Sports Complex, Inc., Non-Profit are co-petitioners or owners of approximately eighty-six (86) acres southeast of the intersection of Remington Road and Swords Drive (Lot 9 of Emerald Acres subdivision). Mattoon Sports Complex, Inc., has filed a Petition with the City Clerk’s office of the City of Mattoon, requesting that said premises be granted a special use to for construction and operation of outdoor sports fields.

WHEREAS, said premises is appropriately zoned for the use of such a purpose; and

WHEREAS, the Petition for the special use was the subject of a public hearing before the Planning and Zoning Commission for the City of Mattoon, Coles County, Illinois, and following that Public Hearing, the Commission considered the facts and the relevant ordinances and thereafter recommended to the City Council that the requested special use permit be granted; and

WHEREAS the City Council for the City of Mattoon, Coles County, Illinois, deems that it would be in the public interest to approve the special use permit to allow the construction and operation of outdoor sports fields.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF MATTOON, COLES COUNTY, ILLINOIS, as follows:

Section 1. Pursuant to enabling authority provided at Section §159.05 of the Mattoon Code of Ordinances, the property legally described as aforesaid, be granted a special use to for construction and operation of outdoor sports fields.

(Portions of PINs: 06-0-00559-002; 06-0-00562-000; 06-0-00715-000; 06-0-00715-001; 06-0-00510-002; and 06-0-00763-004)

Section 2. This ordinance shall be deemed published as of the day of its adoption and approval by the City Council.

Section 3. This ordinance shall be effective upon its approval as provided by law.

Section 4. The City Clerk shall make and record a duly certified copy of this ordinance with the Clerk and Recorder’s Office of Coles County, Illinois.

Upon motion by Mayor Hall , seconded by Commissioner Cox__, adopted this 5th day of September , 2023, by a roll call vote, as follows:

AYES (Names): Commissioner Closson, Commissioner Cox, ______

Commissioner Graven, Commissioner Phipps,_____

Mayor Hall_________________________________

NAYS (Names): None______________________________________

ABSENT (Names): None______________________________________

Approved this 5th day of September , 2023.

/s/Rick Hall______________________

Rick Hall, Mayor

City of Mattoon, Coles County, Illinois

ATTEST: 

/s/Susan J. O'Biren________

Susan J. O’Brien, City Clerk

APPROVED AS TO FORM:

/s/Dan C. Jones __________

Dan C. Jones, City Attorney

Recorded in the Municipality’s Records on 09-05, 2023.

Administrator Gill explained outdoor fields required a special use, depicted by Lot 9 of the plat, due to residential zoning.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Commissioner Closson seconded by Commissioner Graven moved to adopt Special Ordinance No. 2023-1873, granting a vacation of an alley located adjacent to 100 and 200 Blocks of Charleston Avenue. Petitioner: St. John’s Lutheran Church

CITY OF MATTOON, ILLINOIS

SPECIAL ORDINANCE NO. 2023-1873

AN ORDINANCE VACATING AN ALLEY FROM 1ST TO 3RD STREET NORTH OF CHARLESTON AVENUE AND SOUTH OF BROADWAY AVENUE IN THE CITY OF MATTOON, COLES COUNTY, ILLINOIS

WHEREAS, Attorney Lee E. Waite, II, for ST. JOHN’S LUTHERAN SCHOOL, presented a Petition to the City Clerk to vacate an alley lying north of Charleston Avenue and south of Broadway Avenue between 1st Street and 3rd Street, adjacent to Parcel Numbers 06-0-03111-000, 06-0-03111-000, and 06-0-03112- 000, which Petition requests that said alley be vacated by the City of Mattoon, Coles County, Illinois; and,

WHEREAS, petitioner is the owner of Lots One (1) through Twelve (12) in Block Three (3) and Lots One (1) through Twelve (12) in Block Four (4) in Lumpkin Heights Subdivision in the City of Mattoon, Coles County, Illinois; and,

WHEREAS, a map of the alley to be vacated is attached hereto and incorporated herein as Exhibit “A”; and,

WHEREAS, a Public Hearing on said vacation was held before the Mattoon Planning and Zoning Commission on August 22, 2023; and,

WHEREAS, said Petition was recommended for approval by the Mattoon Planning and Zoning Commission at said Public Hearing on August 22, 2023; and

WHEREAS, the City Council of the City of Mattoon, Coles County, Illinois, has determined, that the public interest will be served by vacating said alley so as to relieve the public from further burden and responsibility of maintaining the public right-of-way.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF MATTOON, COLES COUNTY, A MUNICIPAL CORPORATION, as follows:

Section 1. Pursuant to enabling authority provided at Section §159.05 of the Mattoon Code of Ordinances, the alley legally described as follows, shall be vacated.

All that part of the alley running East and West through Block 4 of Lumpkin Heights Subdivision (as shown on plat recorded in plat book 3, page 73 at the Coles County Recorder’s Office) commencing at the East right-of-way line of 3rd Street and terminating at the West right-of-way line of 2nd Street; also all of the alley running East and West through Block 3 of said Lumpkin Heights Subdivision commencing at the East right-of-way line of 2nd Street and terminating at the West right-of-way line of 1st Street.

Section 2. This ordinance shall be deemed published as of the day of its adoption and approval by the City Council.

Section 3. This ordinance shall be effective immediately after St. John’s Lutheran Church has tendered to the City of Mattoon an amount equivalent to the appraisal of the fair market value of the vacated premises and payment of all costs associated with said vacation.

Section 4. St. John’s Lutheran Church, after having made the entire payment of the appraised value and the costs associated with this vacation, shall be and is vested with title to the vacated alley as legally described above.

Section 5. Upon becoming effective, the City Clerk shall make and record a duly certified copy of this ordinance with the Clerk and Recorder’s Office of Coles County, Illinois.

Upon motion by Commissioner Closson , seconded by Commissioner Graven_, adopted this 5th day of September , 2023, by a roll call vote, as follows:

AYES (Names): Commissioner Closson, Commissioner Cox,______

Commissioner Graven, Commissioner Phipps, ____

Mayor Hall_________________________________

NAYS (Names): None______________________________________

ABSENT (Names): None______________________________________

Approved this 5th day of September , 2023.

/s/Rick Hall______________________

Rick Hall, Mayor

City of Mattoon, Coles County, Illinois

ATTEST: 

/s/Susan J. O'Biren________

Susan J. O’Brien, City Clerk

APPROVED AS TO FORM:

/s/Dan C. Jones __________

Dan C. Jones, City Attorney

Recorded in the Municipality’s Records on 09-05, 2023.

Mayor Hall opened the floor for comments. Commissioner Graven questioned the map’s vacation. Attorney Lee Waite for the Petitioner noted only the alley was being vacated. Administrator Gill announced the Planning Commission approved and recommended all of the aforementioned items. [Mr. Brancaglione left the meeting.]

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Commissioner Phipps seconded by Commissioner Closson moved to adopt Resolution No. 2023- 3261, authorizing the grant agreement between the State of Illinois Department of Commerce and Economic Opportunity and the City of Mattoon in the amount of $525,000 for the Broadway Avenue Streetscaping Project from 16th Street to 14th Street through the Rebuild Illinois, Main Street & Downtown Grant Program; and authorizing the mayor and city clerk to sign all documents for the Project. (Phipps) 21-421007

CITY OF MATTOON, ILLINOIS

RESOLUTION NO. 2023-3261

A RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF MATTOON AND THE STATE OF ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY FOR THE BROADWAY AVENUE STREETSCAPING PROJECT FROM 16TH STREET TO 14TH STREET

WHEREAS, the City of Mattoon is preparing for the construction of Streetscaping Improvements on Broadway Avenue from 16th Street to 14th Street; and

WHEREAS, the Streetscaping Improvements include ADA Compliant Sidewalks & Ramps, ADA Compliant Parking Spaces, Brick Pavers, Landscaping, and Ornamental Street Lighting; and

WHEREAS, the estimated cost of said Streetscaping Improvements is $1,050,000.00; and

WHEREAS, the City of Mattoon has secured a grant in the amount of $525,000.00 for said Streetscaping Improvements from the State of Illinois, Department of Commerce and Economic Opportunity (DCEO); and

WHEREAS, the specific source of the funding is known as the Rebuild Illinois, Main Street & Downtown Grant Program; and

WHEREAS, a Location Map for said Streetscaping Improvements is attached as Exhibit ‘X’; and

WHEREAS, the terms and conditions of the proposed $525,000.00 grant are detailed in a Grant Agreement between the City of Mattoon and the State of Illinois, Department of Commerce and Economic Opportunity, attached as Exhibit ‘Y’; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mattoon, Coles County, Illinois, that the Agreement attached as Exhibit ‘Y’ between the City of Mattoon and the State of Illinois, Department of Commerce and Economic Opportunity, be approved, and that the Mayor and the City Clerk be authorized to sign the document.

Upon motion by Commissioner Phipps , seconded by Commissioner Closson , adopted this 5th day of September , 2023, by a roll call vote, as follows:

AYES (Names): Commissioner Closson, Commissioner Cox,

Commissioner Graven, Commissioner Phipps,

Mayor Hall____________________________

NAYS (Names): None_________________________________

ABSENT (Names): None_________________________________

Approved this 5th day of September , 2023.

/s/Rick Hall

Rick Hall, Mayor

City of Mattoon, Coles County, Illinois

ATTEST: 

/s/Susan J. O'Biren________

Susan J. O’Brien, City Clerk

APPROVED AS TO FORM:

/s/Dan C. Jones __________

Dan C. Jones, City Attorney

Recorded in the Municipality’s Records on ___________________09-05_, 2023.

Mayor Hall opened the floor for questions/comments. Director Barber announced the last two blocks of the Streetscaping project with all of the work to be completed this year. Mayor Hall noted the big deal for downtown, a lot of changes and an active area which was very important.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Commissioner Phipps seconded by Commissioner Closson moved to approve Council Decision Request 2023-2405, authorizing the employment of Zoey Campanella as an Engineering Technician with a salary of $62,400 for the Public Works Department effective September 11, 2023, pending passage of a background check and drug screening.

Mayor Hall opened the floor for comments. Director Barber noted both people were the most talented with Mr. Miller having HVAC mechanical to focus on the Treatment Plants and Ms. Campanella to focus on the construction work with Engineering Supervisor Dan McClain for the Public Works documentation, landscaping and streets projects. Mayor Hall noted both were replacing employees we had lost.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Commissioner Phipps seconded by Commissioner Cox moved to approve Council Decision Request 2023-2406, authorizing the employment of Travis Miller as an Engineering Technician with a salary of $62,400 for the Public Works Department effective September 11, 2023, pending passage of a background check and drug screening. (Phipps)

Mayor Hall opened the floor for comments. Commissioner Phipps stated his excitement of having two qualified people.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Commissioner Phipps seconded by Commissioner Cox moved to approve Council Decision Request 2023-2407, awarding the bid in the amount of $318,394.52 from Fuller-Wente, Inc. and approving Change Order #1 of a reduction in the amount of $41,627.30 for the US-45 Water Main Project. 22-00341-01-WM

Mayor Hall opened the floor for comments/questions with no response.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Commissioner Phipps seconded by Commissioner Closson moved to approve Council Decision Request 2023-2408, awarding the bid in the amount of $29,532.50 from Varsity Striping for the 2023 MFT Striping Contract for various streets. 23-00000-01-GM

Mayor Hall opened the floor for comments. Mayor Hall noted maps were available to indicate where the striping would occur. Mayor Hall and Director Barber discussed the striping of Broadway Avenue and handicapped spots.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Commissioner Phipps noted the striping bid was $10,000 under budget.

Commissioner Phipps seconded by Commissioner Cox moved to approve Council Decision Request 2023-2409, awarding the bid in the amount of $60,380.00 from IMCO Utility Supply for 20 fire hydrants for the sports complex area.

Mayor Hall opened the floor for comments/questions. Director Barber noted furnishing fire hydrants to contractors results in uniformity.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Mayor Hall seconded by Commissioner Graven moved to approve Council Decision Request 2023-2410, approving Change Order #1 in the amount of $2,125 from Grant Western Abatement, Inc. for the City Hall Lead-Based Paint Remediation Project to include asbestos wrap.

Administrator Gill described the areas where asbestos wrap was applied in the basement.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Mayor Hall seconded by Commissioner Phipps moved to approve Council Decision Request 2023-2411, authorizing a successor three-year term engagement with Dimond Brothers to serve as the City of Mattoon’s “broker of record” for property, casualty and workers compensation, property and casualty insurance; and authorizing the mayor to sign the Insurance Services Agreement.

Administrator Gill noted a good working relationship with Dimond Brothers, who competitively sought other insurers, flat costs, well worth going with them last year, and hope of a continuance. Mayor Hall commented positively on Dimond Brothers.

Mayor Hall declared the motion carried by the following vote: ABSTAIN Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Mayor Hall seconded by Closson approve Council Decision Request 2023-2412, authorizing the employment of Seth Kline as an Assistant Information Technology Director with a salary of $60,000 in the Computer Information Services Department effective September 11, 2023, pending passage of a background check and drug screening.

Mayor Hall opened the floor for comments. Administrator Gill provided a background for Mr. Kline. Director Roberts described Mr. Kline as the candidate with experience, which should be a big help.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

Commissioner Graven seconded by Commissioner Cox moved to approve Council Decision Request 2023-2413, approving the water and sewer billing adjustments in the total amount of $5,717.06 ($2,174.28 and $3,542.78) on behalf of St. James Place Housing, L.L.C. located at 609 Marion Avenue.

Mayor Hall opened the floor for comments. Treasurer and Director Wright explained their back to-back water bills in excess of $15,000 for the trailer park.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA Mayor Hall.

DEPARTMENT REPORTS:

CITY ADMINISTRATOR noted preparation of agenda items and meetings with Clerk O’Brien, Director Barber and Director Roberts for interviews. Mayor Hall opened the floor for questions with no response.

CITY ATTORNEY announced a Quakenbush hearing on Thursday where the Judge will have photos taken and the City can attend. Mayor Hall noted the long, ongoing issue with Mr. Quakenbush.

CITY CLERK noted first round of interviews, personnel and insurance issues; otherwise, business as usual. Mayor Hall opened the floor for questions with no response.

FINANCE distributed and reviewed the July Financial Report including revenues/expenditures, surplus; announced the second installment of property taxes received; Revenue Tracking through August, unrestricted cash, auditors’ questions, Annual TIF reports, and local debt recovery sharing looked promising to collect bad debts. Mayor Hall opened the floor for questions with no response.

PUBLIC WORKS updated Council on Todd Fuller completing the bike trail, Howell Asphalt completing street resurfacing, Howell Asphalt on the Pickleball surface with striping after 30 days of good weather, and Bartels Construction on sidewalk work on Lafayette Avenue. Mayor Hall opened the floor for questions with no response.

FIRE reported on calls for service, two structure fires, issues with Best Western hotel alarm system with the issuing of citations in the near future, hospital alarm issues, schools’ annual timed fire drills, and completed lead abatement project. Mayor Hall opened the floor for question with no response.

POLICE reported on calls for service and 43 arrests. Mayor Hall opened the floor for questions. Mr. Samuel Mazard of Mattoon inquired whether arrests were increasing or decreasing with Chief Gaines stating about the same.

ARTS AND TOURISM updated Council on Lightworks, Heritage Park displays, walk through concept, lights on Downtown buildings, and Mattoon Arts Council’s presentation by Temple Grandin at Lake Land College on October 12 with a new outlook on teaching students about creative careers.

COMMUNITY DEVELOPMENT updated Council on a revised TIF application on Broadway Avenue, housing needs assessment, GIS survey with Lake Land College interns to canvas parcels in the community, meeting with CCRP-DC about housing, Lake Paradise, OSLAD with Supervisor Wurtsbaugh and Grant Writer Whitney Carnes on the project development plan. Mayor Hall inquired about kayaks with Manager Benishek explained the delay with staff for the tech position. Ms. Fasig inquired about cameras at the Lake Paradise campground with Manager Benishek stating maybe in the long run. Mr. Mazard inquired about the community survey and how citizens can get involved with Manager Benishek stating flyers with QR codes were available in the vestibule for anyone to share.

COMMENTS BY THE COUNCIL

Commissioner Closson announced trying to put together a Friends of Lake Paradise group, happy Pickleball people, and Parks/Lakes/Cemetery Superintendent Kurt Stretch to begin setting up for Lightworks October 1st. Commissioners Cox, Graven and Phipps had no further comments except to thank those in attendance. Mayor Hall thanked the Department Heads and Commissioners for the accomplishments and working as a good team.

Commissioner Closson seconded by Commissioner Cox moved to adjourn at 7:42 p.m.

Mayor Hall declared the motion carried by the following vote: YEA Commissioner Closson, YEA Commissioner Cox, YEA Commissioner Graven, YEA Commissioner Phipps, YEA

https://mattoon.illinois.gov/download/city-council-meeting-2023_09_05/

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