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East Central Reporter

Tuesday, November 5, 2024

City of Effingham City Council met April 16

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Mayor and City Council | City of Effingham Website

Mayor and City Council | City of Effingham Website

City of Effingham City Council met April 16.

Here are the minutes provided by the council:

1. OPENING

1.1 Mayor Schutzbach Called the Meeting to Order

Time: 5:00

1.2 Roll Call

Present: Mayor Schutzbach and Commissioners Micenheimer, Gillenwater, and Stephens Absent: Commissioner Moeller

1.3 Pledge of Allegiance

2. OMNIBUS VOTE AGENDA

2.1 Regular City Council Meeting Minutes (04/02/2024) - City Clerk Nosbisch

Resolution: Approve

2.2 Ordinance No. 022-2024, An Ordinance Amending Ordinance No. 4-2011 Pollution Discharge Control Ordinance and Ordinance No. 026-2020 Sewer Rates - Public Work Director Heuerman

Resolution: Pass

2.3 Ordinance No. 031-2024, An Ordinance Authorizing the Acquisition of a Temporary Use Permit for Utility Purposes - MBR Jacksonville/Effingham Property, LLC - City Engineer Thoele

Resolution: Pass

2.4 Ordinance No. 032-2024, An Ordinance Authorizing the Acquisition and Offer to Purchase - Andrew Lowell Micenheimer and Emma Brewer Micenheimer - City Engineer Thoele

Resolution: Pass

2.5 Ordinance No. 033-2024, An Ordinance Authorizing the Acquisition of a Temporary Use Permit and the Purchase of an Easement for Utility Purposes - The Roman Catholic Diocese of Springfield - City Engineer Thoele

Resolution: Pass

2.6 Ordinance No 034-2024, An Ordinance Authorizing the Sale and/or Disposal of Personal Property - Deputy City Administrator Presley

Resolution: Pass

2.7 Resolution No. 025-2024, Resolution Authorizing Memorandum of Understanding Between City of Effingham and Effingham Unit #40 Board of Education for School Resource Officer - Police Chief McFarland

Resolution: Adopt

2.8 Resolution No. 035-2024, A Resolution Adopting a Downtown/Southtown Business Area Redevelopment Program Agreement (Integrity Electric & Plumbing, Inc.) - Economic Development Director Hull

Resolution: Adopt

2.9 Bid Tabulation - 2024 Hot & Cold Mix Program - City Engineer Thoele

2.10 Bid Tab - East Jefferson Avenue Drainage Project - City Engineer Thoele

2.11 Bid Tabulation - 2024 Crack and Joint Sealing Program - City Engineer Thoele - City Engineer Thoele

2.12 Bid Tabulation - 2024 Pavement Preservation Program - City Engineer Thoele

2.13 Bid Tabulation - 2024 Hendelmeyer & Blohm Street Improvements - City Engineer Thoele

2.14 Plan Commission Letter of Recommendation - W Squared Rezone - City Planner Koester

2.15 Omnibus Vote Agenda Approval

Resolution: Approve

Motion to approve by Commissioner Gillenwater, second by Commissioner Micenheimer

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

3. PRESENTATIONS

3.1 Citizen Service Citation - Police Chief McFarland

Police Chief McFarland presented Franklin Kirkpatrick and Trevor Mattka with Citizen Service Citations.

4. ORDINANCES/RESOLUTIONS - ACTION ITEMS

4.1 Ordinance No. 027-2024, An Ordinance to Adopt the Annual Operating Budget for the City of Effingham, Illinois, for the Fiscal Year 2025 Beginning May 1, 2024 and Ending April 30, 2025 - City Administrator Miller

City Administrator Miller stated this ordinance establishes the operating budget for fiscal year 2025.

Motion to pass by Commissioner Stephens, second by Commissioner Gillenwater

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.2 Resolution No. 021-2024, A Resolution Establishing a 5-Year Capital Improvement Plan and Maintenance Improvement Plan for the Period of FY25-FY29, Inclusive - City Administrator Miller

City Administrator Miller stated this resolution establishes the Capital Improvement Plan (CIP) and Maintenance Improvement Plan (MIP) for the fiscal year 2025.

Motion to adopt by Commissioner Micenheimer, second by Commissioner Gillenwater

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.3 Resolution No. 030-2024, A Resolution Authorizing Acceptance of Proposal for the 2024 Crack and Joint Sealing Program - City Engineer Thoele

City Engineer Thoele stated this resolution accepts the lowest responsive quote from Denler INC. in the total amount of $44,440 for the 2024 Crack and Joint Sealing Program. Payment for this project will be made from the General Fund.

Motion to adopt by Commissioner Gillenwater, second by Commissioner Micenheimer 

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.4 Resolution No. 031-2024, A Resolution Authorizing Acceptance of a Proposal from Denler INC. for the 2024 Pavement Preservation Program - City Engineer Thoele

City Engineer Thoele stated this resolution accepts the lowest responsive proposal from Denler INC. in the total amount of $382,756 for the 2024 Pavement Preservation Program. Payment for this project will be made from General and Sewer Funds.

Motion to adopt by Commissioner Stephens, second by Commissioner Gillenwater

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.5 Resolution No. 032-2024, A Resolution Accepting Proposal for 2024 Hot & Cold Mix Program - City Engineer Thoele

City Engineer Thoele stated this resolution accepts the lowest responsive proposal from Effingham Asphalt in the total amount of $48,125 for the 2024 Hot & Cold Mix Program. Payment for this project will be funded by the General Fund.

Motion to adopt by Commissioner Micenheimer, second by Commissioner Stephens

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.6 Resolution No. 033-2024, A Resolution Accepting Proposal for the East Jefferson Avenue Drainage Project - City Engineer Thoele

City Engineer Thoele stated this resolution accepts the lowest responsive proposal from Groundworks Contracting INC. in the total amount of $184,603 for the East Jefferson Avenue Drainage Project. Payment for this project will be made from the General Fund.

Motion to adopt by Commissioner Gillenwater, second by Commissioner Micenheimer

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.7 Resolution No. 034-2024, A Resolution Authorizing Acceptance of a Proposal from Esker & Walker for 2024 Hendelmeyer & Blohm Street Improvements - City Engineer Thoele

City Engineer Thoele stated this resolution accepts the lowest responsive proposal from Esker & Walker in the total amount of $316,422.24 for the 2024 Hendelmeyer & Blohm Street Improvements Project. Payment for this project will be made from South Banker Business District and General Funds.

Motion to adopt by Commissioner Micenheimer, second by Commissioner Stephens

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.8 Resolution No. 036-2024, A Resolution Appointing Members to the Tourism Advisory Board of the City of Effingham, Illinois - Mayor Schutzbach

Mayor Schutzbach stated this resolution appoints Patty Greene, Julie Clark, Katie Koester, Arpit Shah, and Kim Jansen to the Tourism Advisory Board with their three-year terms to expire on May 1, 2027.

Motion to adopt by Commissioner Gillenwater, second by Commissioner Micenheimer

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.9 Resolution No. 037-2024, A Resolution Appointing a Member to the Police Pension Board of Trustees of the City of Effingham, Illinois - Mayor Schutzbach

Mayor Schutzbach stated this resolution appoints Steve Miller to the Police Pension Board of Trustees with his two-year term to expire on May 1, 2026.

Motion to adopt by Commissioner Stephens, second by Commissioner Micenheimer

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.10 Resolution No. 038-2024, A Resolution Appointing a Member to the Fire Pension Board of Trustees of the City of Effingham, Illinois - Mayor Schutzbach

Mayor Schutzbach stated this resolution appoints John Richards to the Fire Pension Board of Trustees with his three-year term to expire on April 30, 2027.

Motion to adopt by Commissioner Gillenwater, second by Commissioner Micenheimer

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.11 Resolution No. 039-2024, A Resolution Appointing a Member to the Human Relations Commission of the City of Effingham, Illinois - Mayor Schutzbach

Mayor Schutzbach stated this resolution appoints Steve Miller to the Human Relations Commission with his three-year term to expire on May 1, 2027.

Motion to adopt by Commissioner Gillenwater, second by Commissioner Stephens

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.12 Resolution No. 040-2024, A Resolution Appointing a Member to the Board of Fire and Police Commission of the City of Effingham, Illinois - Mayor Schutzbach Mayor Schutzbach stated

Mayor Schutzbach stated this resolution appoints Jim Wolters to the Board of Fire and Police Commission with his three-year term to expire on May 1, 2027.

Motion to adopt by Commissioner Micenheimer, second by Commissioner Stephens

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

4.13 Resolution No. 041-2024, A Resolution Appointing Members to the Ethics Commission of the City of Effingham, Illinois - Mayor Schutzbach

Mayor Schutzbach stated this resolution appoints Austin Hayes, Christo Schultz, and Brandon Weber to the Ethics Commission with their two-year terms to expire on May 1, 2026.

Motion to adopt by Commissioner Gillenwater, second by Commissioner Stephens

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Stephens

5. OTHER ACTION ITEMS

5.1 Bills and Requisitions

A. Payroll Check Register dated 04/05/2024 $ 329,982.66

B. Check Register dated 04/16/2024 $ 817,046.62

Motion to approve by Commissioner Micenheimer, second by Commissioner Gillenwater

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Gillenwater, Micenheimer, and Moeller

6. DISCUSSION

6.1 Ordinance No. 035-2024, An Ordinance Amending Ordinance Nos. 88-2003, 3-2005, 22- 2008, 28-2009, 76-2010, 40-2012, 51-2015, 61-2016, 90-2017, 40-2019, 037-2020, 031-2021, 028-2022, and 020-2023 Ordinances Adopting a Downtown/Southtown Business Area Redevelopment Program Policy - Economic Development Specialist Althoff

Economic Development Specialist Althoff stated this ordinance renews the Downtown/Southtown Business Area Redevelopment Program.

There were no objections to bring this item back to a future City Council Meeting.

6.2 Resolution No. 026-2024, A Resolution Authorizing Renewal of the City's Group Health Insurance Agreements - Deputy City Administrator Presley

Deputy City Administrator Presley stated this resolution authorizes the City to renew agreements with the Intergovernmental Personnel Benefit Cooperative (IPBC) and Weis Insurance for health insurance plans to be utilized by the City's employees.

There were no objections to bring this item back to a future City Council Meeting.

6.3 Resolution No. 028-2024, A Resolution Authorizing a Monetary Contribution to Effingham City/County Committee on Aging - City Administrator Miller

City Administrator Miller stated Effingham City/County Committee on Aging (ECCOA) is requesting $25,000 to assist with financial and service gaps.

There were no objections to bring this item back to a future City Council Meeting.

6.4 Resolution No. 029-2024, A Resolution Granting Permission to Allow a Portion of Streets to be Temporarily Closed for the New Life Church Block Party on July 7, 2024 - Tourism Director Thoele

Tourism Director Thoele stated this resolution grants permission to close city streets for a block party on July 7, 2024.

There were no objections to bring this item back to a future City Council Meeting.

6.5 Resolution No. 042-2024, A Resolution Adopting Housing Redevelopment Program Policy (FY 2025) - Economic Development Specialist Althoff

Economic Development Specialist Althoff stated this resolution renews the TIF Housing Redevelopment Program for FY 2025.

There were no objections to bring this item back to a future City Council Meeting.

6.6 An Ordinance Vacating and Releasing a Portion of a Public Utility Easement - 1021 N. Henrietta Street - City Planner Koester

City Planner Koester stated the petitioner is proposing to construct an accessory building in the rear yard. The easements are unoccupied and are not needed for future utilities.

There were no objections to bring this item back to a future City Council Meeting.

6.7 An Ordinance to Deny Amending the Zoning Ordinance of the City of Effingham - W Squared Properties, LLC - R-2 Single-Family Residence District to R-3B Two and Three Family Dwelling District - 909 W. St. Anthony Avenue - City Planner Koester

City Planner Koester stated the Plan Commission reviewed additional testimony provided at the April 9 meeting with a 4-3 vote to recommend denial of the petition to rezone from R-2 to R-3B. The Plan Commission Letters of Recommendation from the March 12 and April 9 meetings are attached.

Four speaker's cards were submitted regarding this item:

Amy Hibden submitted a speaker's card in support of denying the rezoning. Brad Hibden submitted a speaker's card in support of denying the rezoning. Bryan Wenthe submitted a speaker's card in support of the rezoning.

Jason Wrone submitted a speaker's card in support of the rezoning.

This item will be brought back to a future City Council Meeting.

6.8 Andes Health Mart Pharmacy Subdivision - City Planner Koester

City Planner Koester stated the Plan Commission reviewed the plat and recommended approval by the City Council upon the approval of IDOT, submission of plats with required signatures, certificate of platting, and filing fees.

There were no objections to bring this item back to a future City Council Meeting. 6.9 Zoning Ordinance Text Amendment - Wind Energy Systems - City Planner Koester

City Planner Koester stated the proposed amendment will provide regulations to limit the bulk and height of the systems and address aesthetics, safety issues with alternate energy sources for buildings and with ice shedding, height restrictions near Effingham County Regional Airport, preserve and maintain property value, noise, and shadow flicker considerations. The draft currently would not allow Service Area Tower-Mounted Systems (a large tower providing energy for a group of buildings and different parcels) and would not allow Utility Tower Mounted Systems - Wind Farms.

7. QUARTERLY REPORTS

8. ANNOUNCEMENTS/COMMISSIONER COMMENTS

8.1 Reports from Commissioners

8.2 Reports from Staff - City Administrator Miller; Deputy City Administrator Presley; Public Works Director Heuerman; Economic Development Director Hull; Fire Chief Yochum; Police Chief McFarland; City Engineer Thoele; Tourism Director Thoele; City Treasurer Polk; City Clerk Nosbisch

8.3 Public Participation

Gary Reed submitted a speaker's card to address the migrant crisis.

Brad Hibden submitted a speaker's card to address issues with fiber optic companies.

9. RECESS IN EXECUTIVE SESSION

9.1 Recess into Executive Session For the purpose of consideration of the following subjects, pursuant to 5 ILCS 120/2 (c); Personnel- Section 2 (c) (1); Collective Bargaining- Section 2 (c) (2); Purchase or Lease of Real Estate - Section 2 (c) (5); Sale or Lease of Property - Section 2 (c) (6); Litigation - Section 2 (c) (11); and Review of Executive Session Minutes - Section 2 (c) (21). (If the Council desires to recess into executive session, the Council shall specifically indicate the desired topic of discussion for public record.)

9.2 Roll Call

10. ADJOURNMENT

10.1 Adjournment

Time: 6:18 PM

Motion to adjourn by Commissioner Micenheimer, second by Commissioner Stephens

Final Resolution: Motion Carried. 4-0

Yea: Mayor Schutzbach and Commissioners Moeller, Gillenwater, and Micenheimer

https://go.boarddocs.com/il/voeil/Board.nsf/files/D4WM2F591E23/$file/April%2016%2C%202024.pdf