Lincoln, Illinois

August 17, 2009

Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, August 17, 2009.

Mayor Snyder called the regular City Council Meeting to order at 7:15 p.m.  City Clerk Mrs. Martinek called the roll.  There were nine Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert) and one absent (Alderman Turner).  Also present were Street Superintendent Mr. Jackson, EMC Manager Mr. Tackett, City Engineer Mr. Mathon, Police Chief Erlenbush, Assistant Fire Chief Miller, and Safety and Building Officer Mr. Last.  Also present were City Treasurer Mr. Plotner, City Attorney Mr. Bates, City Clerk Mrs. Martinek, Mayor Snyder, and Recording Secretary Mrs. Riggs.

Those present recited the Pledge of Allegiance to the Flag.

Mayor Snyder called for the Consent Agenda:

Minutes of the Regular City Council Meeting on 8/03/2009

Claims, Presentations, Readings, References and Reports thereon:  Finance, Policy & Procedure, Streets & Alleys, Sewer Treatment, Sewers and Drainage, Police, Ordinance and Zoning, Sanitation, Insurance, Sidewalks, Forestry, Lighting, Fire/Water & ESDA, and Grounds, Buildings & Local Improvements

Alderman Anderson made a motion to approve the Consent Agenda as on the presented agenda and Alderman Horn seconded it.  Mayor Snyder asked if there was any discussion.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried.

Mayor Snyder asked for the Presentation of Petitions:

Petition to permit 2 stop signs at the corner of Willamette Avenue and Sheridan Street (tabled 8/3/09)

Alderman Hoinacki said I move to remove from the table and Alderman Neitzel seconded it. City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried.  Alderman Hoinacki said I move to approve the petition for the 2 stop signs at the corner Willamette and Sheridan and Alderman Tibbs seconded it.  Mayor Snyder said are we clear on where they are at and called on Alderman Busby.  Alderman Busby said do we know if it is a 4 way stop or a two way stop.  Alderman Hoinacki said two way stop two total stop signs.  Alderman Busby said on Willamette or Sheridan. 

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August 17, 2009; Page 2

Petition to permit 2 stop signs at the corner of Willamette Avenue and Sheridan Street (tabled 8/3/09)

Alderman Hoinacki said Sheridan.  Mayor Snyder said the two stop signs are to be on Sheridan Street and asked if there was any other discussion.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

Petition by Lee Figueroa to permit a curb break at 603 Decatur Street

Alderman Hoinacki said I move to approve the petition by Lee Figueroa for a curb break at 603 Decatur Street and Alderman Horn seconded it.  Mayor Snyder asked if there was any discussion on that.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

Petition by Robert Lamm requesting repairs to the curb and gutter at 520 N. Kankakee

Alderman Hoinacki said I move to approve the petition by Robert Lamm for the repairs of the curb and gutter at 520 N. Kankakee and Alderman Horn seconded it.  Mayor Snyder asked if there was any discussion on that.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

Petition by the Chamber of Commerce to revise street closures during the Art and Balloon Festival

Mayor Snyder said I handled this at the workshop meeting and passed out to your places tonight a map that shows the street closures and we discussed these verbally on Tuesday.  Alderman Hoinacki said I move to approve the petition by the Chamber of Commerce for the revised street closings during Art and Balloon Festival and Alderman Horn seconded it.  Mayor Snyder asked if there was any discussion on it.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

Mayor Snyder asked for the Presentation of Communications:

City Clerk Mrs. Martinek read the Resignation by Captain Jeff Singleton.  Alderman Tibbs asked how many years did Mr. Singleton have.  Assistant Fire Chief Miller said 28 years just over that.

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Mayor Snyder asked for the Presentation of Bids:

City Clerk Mrs. Martinek stated that there were no Bids to come before the City Council. 

Mr. Bates said the vote on the stop intersection requires a Resolution so I will get a Resolution ready. 

The Mayor then asked for the Presentation of Ordinances and Resolutions:

Ordinance Amending Title 8, Chapter 10 pertaining to Signs of the City Code of the City of Lincoln (tabled 4/28/09)

Alderman Neitzel said to leave this on the table.

Ordinance for the Sale of Excess Personal Property

Alderman Neitzel asked City Clerk Mrs. Martinek to read the Committee's Report.  City Clerk Mrs. Martinek read the Committee's Report.  Alderman Neitzel said I move to approve the Committee's Report and Alderman Hoinacki seconded it.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried.  Alderman Neitzel asked City Clerk Mrs. Martinek to read the Ordinance.  City Clerk Mrs. Martinek read the Ordinance.  Alderman Neitzel said I move to waive the second reading and approve the Ordinance as read and Alderman Hoinacki seconded it.  Mayor Snyder asked if there was any discussion.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

Presentation of Official Reports:

Oral report was given by City Treasurer Mr. Plotner for August 2009.

City Clerk’s Report for August 2009 is on file.

Presentation of Special Reports:

Written reports by Department Heads have been submitted. 

Presentation of Unfinished Business:

There was no Unfinished Business to come before the City Council.

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Mayor Snyder asked for New Business:

Highway Authority Agreement for Illico Property (tabled 2/2/09)

Alderman Hoinacki asked to leave on the table.

Hiring of 2 new firefighters

Alderman Horn said I would like to clarify that is one new firefighter and I move to approve the hiring of one new firefighter to replace Jeff Singleton and Alderman Neitzel seconded it.  Mayor Snyder said I think as the Chief outlined we have basically some training that we need to get the new firefighter in on.  Alderman Horn said the U of I. Assistant Chief Miller said that is correct this firefighter needs to be hired and we need to get him some gear so we can get him started at the State Fire Academy on the 13th of September. City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

Refund part of sewerage bill in the amount of $1,389.63 for property at 1025 N. Monroe

Alderman Busby said I move to go into Executive Session pursuance to Illinois State Statute 5 ILCS 120/2(c)(11) for possible litigation.  Mr. Bates said before that is seconded that needs to be under 2 (c)(11)  of the open meetings act of the State of Illinois pending probable or imminent litigation and asked Alderman Busby if that was what he wanted to do.  Alderman Busby said yes.  Alderman Anderson seconded the motion.  Mr. Bates said might I suggest you withdraw this motion and second at this point and pass this agenda item for a moment and then come back with a single motion because there is going to be 2 matters for Executive Session.  Alderman Busby withdrew his motion and Alderman Anderson withdrew her second. 

Sewer Acceptance for Castle Manor Subdivision

Alderman Busby said I move for approval of Castle Manor's partial sewer system and Alderman Neitzel seconded it.  Mr. Mathon said I was going to clarify that if they want to refer to that as Runs 1 and 2 of their sewer improvements.  Alderman Busby said we will add that into the motion then run 1 and run 2 and Alderman Neitzel said she would accept that.  Mr. Bates said do we have a written easement.  Mr. Mathon said yes we do.  Mr. Bates said with the new leg too I assume we did over the original over the old Wal-Mart parking lot.  Mr. Mathon said that's the portion that's being accepted is what runs through that parking lot and the existing in the newly dedicated easement from Lincoln Town Center.  Mr. Bates said my question is how did they dedicate the easement because we didn't have a plat or anything from them on which there was a dedication.  Mr. Mathon said there was a separate easement voted on by the Council and I don't have the date that was done.  Mr. Bates said that is by way of a grant of the owners of Lincoln Town Center to the City of Lincoln for the entire length of the sewer across their property. 

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Sewer Acceptance for Castle Manor Subdivision

Mr. Mathon said that is correct. Mr. Bates said for maintenance repair.  Mr. Mathon said that is correct it contains the leg of the sewer existing that has not been changed and the two newly constructed legs that tie in the rest of Castle Manor Subdivision into the rest of the city's system.  Mr. Bates said has that been recorded already I mean where is the original I haven't seen it.  Mr. Mathon said I would have to pull my file in my office I assumed that was one that had been recorded.  Mr. Bates said I just want to make sure we have a written easement that we will accept.  Mr. Mathon said pending the Resolution of it is something.  Mr. Bates said you could modify it even further to subject to having a proper written easement in hand signed by the owners in recordable form already recorded.  Alderman Busby said so moved.  Mr. Bates the second will accept that.  Alderman Neitzel said yes.  Alderman Busby said I don't know if it has been recorded or not either.  Mr. Bates said I'm sorry Mr. Mathon I didn't have time to call you today.  Mr. Mathon said that's alright.  Mayor Snyder said any other discussion on this clear as mud.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

Mayoral Appointment for Ward 1

Mayor Snyder said that is one I will request we include in the closed session discussion and then we will come back to that perhaps after the executive session. 

Mayoral Appointments for Boards and Commissions

Mayor Snyder said I passed out to you at your place tonight one appointment that will need your approval we have a vacancy on the Zoning Board of Appeals so I am appointing and asking for you confirmation of Rick Zimmer of 216 Park Place to be a member of the Zoning Board of Appeals with a term expiring May 1, 2010.  Alderman Anderson said I would move to approve the appointment of Rick Zimmer to the Zoning Board of Appeals and Alderman Horn seconded it.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

Mayor Snyder said the other two appointments are just simply to let you know we are just kind of swapping around some Aldermen here.  Alderman Turner I am appointing to the Logan County Regional Planning Commission to take the place of Alderman Armbrust and Alderman Tibbs I am appointing to the Board of Main Street Lincoln to replace Alderman Hoinacki just so everyone's aware of that.

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Mayor Snyder said before I take a motion to go into Executive Session I have just a couple of announcements.  On behalf of the City I just want to thank the Together for Lincoln Volunteers for their work on the Kickapoo Street garage.  They wrapped up painting of that garage on Saturday and if you haven't been by drive by even in the alley.  It looks nice. 

Mayor Snyder said just a reminder that this Wednesday evening the Chamber of Commerce is hosting a town hall meeting regarding the prison layoffs and that will be at 6:30 at the K of C, Wednesday, 19th so please show up to show your support.

Mayor Snyder said also another informational item this Friday, August 21 Congressman Aaron Schock will be at the safety complex to present a check to the city for the $25,000.00 security grant and that will be at 1:30 on this Friday the 21st at the safety complex.

Mayor Snyder said also the giveaway for the Balloon Fest for the city benefits.  He said Alderman Hoinacki had taken care of getting our boxes around and we have giveaway forms here at City Hall, the library annex and at the Chamber Office.  Encourage anyone you know to get entered into that. Anyone who lives in Lincoln is eligible if you are over 18.  We will have the drawing next Tuesday night the 25th we will do that at 5:30 before we have our workshop meeting. 

Alderman Wilmert said I wanted to break the news that we received good news from the state regarding our VTOP program for funds for bringing broadband to Lincoln in terms of fiber.  As the actual letter was addressed to the mayor I will let him give his take on that exactly.  You have the numbers out of how many and I thought that was kind of interesting and I wanted him to be the one to tell you.

Mayor Snyder said we got the grant submitted for the broadband program and it was all submitted on Friday.  They had such a big response to it that the system, the federal governments computer system crashed so they gave them an extra week to get everything in.  We had all of ours in on Friday 156 page application. We did apply though for a 10% matching grant with the state and we were one of ten projects in Illinois that got a funding commitment from the State of Illinois for 10% so that is contingent upon us getting the federal dollars.  We requested $1.9M from the federal government and that is for the total package so the state commitment that we took was even though they told us we got 10% commitment it only somehow ended up being $170,000.00 so I guess that is state math.  We were very pleased that we were one of only 10 projects in Illinois that got a state commitment.  We should hear in October if we have made the second round so that's continuing on and Alderman Wilmert worked very hard on that. 

Alderman Wilmert said so did the mayor.   

Alderman Anderson said I have a question do we need to separate motions or can they be incorporated into one. 

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Mr. Bates said one motion as I understand it they need to be under section 2 (c) (3) for the appointment of a public official and section 2 (c) (11) for probable or imminent litigation. 

Alderman Anderson said I move to go into Executive Session under 5 ILCS 120/2(c)(3) for appointment or removal of public official and under 120/2 (c) (11) probable or imminent litigation and Alderman Busby seconded it.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried.  The meeting adjourned to Executive Session at 7:45 p.m.

The meeting returned to regular Session at 8:12 p.m.  City Clerk Mrs. Martinek called the Roll.  There were eight Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried.  Also present were City Clerk Mrs. Martinek, City Attorney Mr. Bates, Mayor Snyder, and City Recording Secretary Mrs. Riggs. 

Refund part of sewerage bill in the amount of $1,389.63 for property at 1025 N. Monroe

Alderman Busby said I move for approval to refund $1,389.63 to Mrs. Ade for back sewer bills and have her and Mrs. Miller sign a waiver by them and anyone else who pursues a lawsuit regarding this problem.  Mayor Snyder said we have a motion to that effect do we have a second.  There not being a second so the motion failed for lack of the second. 

Mayoral Appointment for Ward 1

Mayor Snyder said I would like to lay the following name before the Council and ask for your confirmation of this individual to fill the vacancy in Ward 1 and that individual is Stacy M. Bacon. She resides at 115 McDivitt Avenue. She was born and raised in Lincoln. She is an executive secretary at the Lincoln Correctional Center where she has worked for over 20 years and is also a licensed realtor.  She is the wife of Rick Bacon who is a Chief Deputy at the Logan County Sheriff's Department and they have one son Brandon.  I interviewed several candidates and I would like to lay Stacy's name before the Council for your consideration. 

Alderman Anderson said I would move to approve the Mayoral Appointment of Stacy Bacon for the Ward 1 vacancy and Alderman Horn seconded it.  Mayor Snyder said any discussion.  City Clerk Mrs. Martinek called the roll call.  There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, one absent (Alderman Turner), and one seat vacant; motion carried. 

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Alderman Busby made a motion to adjourn and Alderman Neitzel seconded it.  There were seven yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Tibbs, and Alderman Wilmert), zero nays, and three absent (Alderman Henrichsmeyer, Alderman Neitzel, and Alderman Turner); motion carried. 

The City Council Meeting was adjourned at 8:30 p.m.

Respectfully Submitted By:

Risa Riggs