November 16, 2009

Lincoln, Illinois

November 16, 2009

Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, November 16, 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 Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert) and one absent (Alderman Anderson). Also present were Fire Chief Hulett, City Engineer Mr. Mathon, EMC Manager Mr. Tackett, Safety Building and Zoning Officer Mr. Last, and Deputy Police Chief Geriets. Also present were City Clerk Mrs. Martinek, Mayor Snyder, City Attorney Mr. Bates, and Recording Secretary Mrs. Riggs.

Those present recited the Pledge of Allegiance to the Flag led by Alderman Horn.

Mayor Snyder called for the Consent Agenda:

Minutes of the City Council Meeting on 11/02/2009

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 Horn said I move to approve the Consent Agenda and Alderman Neitzel seconded it. Mayor Snyder asked if there was any discussion about the motion and anything anyone wants to see removed from the Consent Agenda. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried.

Mayor Snyder asked for the Presentation of Petitions:

Petition to construct a concrete sidewalk at 208 and 216 3rd St. by Tim Aper (Tabled 11/2/09).

Alderman Armbrust said he would like to go to item 11E so we can vote on that sidewalk replacement policy.

Mayor Snyder asked for New Business:

Replacement policy for brick sidewalks

Alderman Armbrust said I move to adopt the new guidelines for the replacement of brick sidewalks that was read during the November 10 fall committee workshop at Postville Courthouse and Alderman Wilmert seconded it.

Lincoln, Illinois

November 16, 2009; Page 2

Replacement policy for brick sidewalks

Mayor Snyder asked if there was any discussion on this. Just if I could ask a procedural question assuming this passes I apologize for not being there on the discussion on last Tuesday but the petition, we have a petition on the agenda tonight and we have also had some other petitions yet this year previously that we have denied would those be getting back in line or how.

Alderman Armbrust said they can reapply. Everybody has to understand that there is only a certain amount of money to go around we have some brick walks and we also have approved but it took I think a little more discussion than maybe was necessary because our old policy was quite vague on how we decided this. I am hoping this will snug that up a little bit.

Mayor Snyder asked if there was any discussion with this.

Mr. Bates said to follow up with that is there any thought of giving some type of priority to the ones that have been denied as opposed to just handling the one that is on the agenda now.

Alderman Armbrust said no there hasn't. In some cases the ones that were denied not just because they were a brick walk but because they were not what we considered bad enough condition to replace them. I would be glad to look at with anybody that walked it reapply with the understanding that we are limited on what walks we can do, do to budget constraints. We're not separating the brick ones out as the other ones come in we'll look at them. I truly don't have before me the list of those denials but can check back on that if you wish. I believe it is going to be next year before we get to any of these anyway. Do you have a feeling on that sir?

Mr. Bates said I was just wondering approving the latest petition first and then the new policy is particularly equitable. Alderman Armbrust said he has been denied in the past and this is his second time around.

Mayor Snyder said I just know there was an earlier version the petitioner that I think was in Alderman Wilmert's area that I think he talked to about and it may be that the sidewalk was not uncovered at a certain point but I think they had been denied several times previously. Do we have any type, I think in the earlier version of it maybe it's the same one you had given to me there was some guestimates about the number of the length of sidewalk.

Alderman Armbrust said quite honestly due to our budget situation we haven't really but length on there. Originally I thought we would try to work out a portion of money that would be set aside for brick being like setting aside money for sidewalk their future we got away from that. I would still like to look at some of them in the same light and do the whole block if money is available but I don't think that is going to be in the real near future.

Mayor Snyder called on Alderman Busby. Alderman Busby said would you like this put in the policy procedure book.

Lincoln, Illinois

November 16, 2009; Page 3

Replacement policy for brick sidewalks

Alderman Armbrust said it can be we had discussed this with the mayor and I had spoken a little bit on it in the past but thought perhaps it could be filed in the internal procedures in the Street Department but if you feel more comfortable with that we'll put it right in there that's fine.

Alderman Busby said we're redoing the policy and procedure and I don't see a problem with not putting it in there. Alderman Armbrust said that's fine. Mayor Snyder asked if there was any other discussion about the policy. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried.

Mayor Snyder asked for the Presentation of Petitions:

Petition to construct a concrete sidewalk at 208 and 216 3rd St. by Tim Aper (Tabled 11/2/09)

Alderman Armbrust said I would like to remove that from the table please and Alderman Wilmert seconded it. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried. Alderman Armbrust said I move to accept the petition to construct a concrete sidewalk at 208 and 216 3rd Street by Tim Aper the amount of the work to be done to be determined by the Street Superintendent and the expense to be at the City of Lincoln and Alderman Wilmert seconded it. Mayor Snyder asked if there was any discussion. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried.

Mayor Snyder asked for the Presentation of Communications:

There were no Communications to come before the City Council.

Mayor Snyder asked for the Presentation of Bids:

There were no Bids to come before the City Council.

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 she would like to leave this on the table and they would be meeting at 6:15 p.m. on November 24, 2009.

Lincoln, Illinois

November 16, 2009; Page 4

Ordinance Amending Section 3-7-5(D) of the City Code

Alderman Neitzel asked City Clerk Mrs. Martinek to read the Committee’s Report. City Clerk Mrs. Martinek read the Committee’s report. Alderman Neitzel made a motion to accept the Committee’s Report and Alderman Hoinacki seconded it. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried.

Alderman Neitzel said before I make the motion on the ordinance I think we should being that the city doesn’t know what that ordinance is I would like to explain that it involves the wine by the glass and the wine by the bottle at the new facility here in Lincoln. If they drink the wine by the bottle they cannot take it from premises, is that correct.

Mr. Bates said they can't take an open bottle off premises. Alderman Neitzel said so that's what we are amending this ordinance so I would like to make a motion to waive the second reading and accept the Ordinance as read previously and Alderman Hoinacki seconded it. Mayor Snyder asked if there was any discussion.

Mayor Snyder said as Alderman Neitzel said right now we have a liquor license just for wine cellars that only allows the sale of wine by the bottle to be consumed off premises and this amends it to allow wine to be sold by the glass to be consumed on the premises and to be sold by the bottle to be consumed on the premises and as City Attorney Mr. Bates said no open bottles can be taken off the premises. We only have one liquor license that is allowed and this would amend that license for that one liquor license that is available for a class D.

Mr. Bates said they can also still sell wine by the bottle for consumption off the premises. Mayor Snyder said any discussion at all. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried.

Ordinance Amending Ordinances which Established an Enterprise Zone Encompassing Contiguous Portions of the City of Lincoln, the County Of Logan, Sangamon County, Dewitt County and the Village of Elkhart (and all Amendatory Ordinances Thereto).

Lincoln, Illinois

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Alderman Neitzel said I make a motion to waive the reading of this ordinance as it is quite lengthy and it has been distributed among the Alderman so I am going ahead to make the motion that we accept the Ordinance as distributed and Alderman Hoinacki seconded it. Mayor Snyder said any discussion. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried.

Amendment to that Certain 1986, 1987 Enterprise Zone Intergovernmental Agreement between Logan County, the City of Lincoln, Sangamon County, Dewitt County, and the Village of Elkhart and Application to Delete Territory from the Lincoln/Logan County/Dewitt County/ Sangamon County enterprise Zone

Alderman Neitzel said I move to approve those two agreements and authorize the Mayor to execute for the city and Alderman Hoinacki seconded it.

Mayor Snyder asked if there was any discussion. Perhaps we ought to explain this as well all three of these deal with Railsplitter Wind Farm in that certain territory was given when that wind farm was established and it is a little larger now than they need so we are taking territory back from that project. They didn’t need it all so they are taking it back and adding that space to the Enterprise Zone.

City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried.

Presentation of Official Reports:

City Clerk’s Report for October 2009 was handed out.

City Treasurer's Report for October 2009 was handed out. Alderman Busby said he thought the department heads should be given a copy.

Presentation of Special Reports:

Written reports from Department Heads are on file.

Presentation of Unfinished Business:

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

Lincoln, Illinois

November 16, 2009; Page 6

Mayor Snyder asked for New Business:

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

Alderman Turner asked to leave on the table.

Revert to franchise agreement with Ameren-Cilco

Alderman Busby said I move to revert to the franchise agreement with Ameren Cilco with regard to our electricity and Alderman Turner seconded it. Mayor Snyder said do we have discussion.

Alderman Busby said Mayor I don't know if you were filled in on this but we are being charged for electricity for Hamilton Street, Third Street and Kickapoo Street. They offered us $15,000.00 or we could revert back to the franchise agreement at free electricity. I think at the last Tuesday's meeting everybody kind of agreed to go after our free electricity.

Mayor Snyder said I see a lot of nodding heads. Alderman Busby said it is in Mr. Bates' hands now after we pass this.

Mr. Tackett said I got an email late this afternoon from Ameren Cilco where that $15,000.00 is now $16,750.00 give or take a few dollars the $15,000.00 was a round and I just needed to bring that up. Under the 5 accounts that were under the franchise agreement are now cleared up with Ameren Cilco and we are all in agreement with them so all the facts and figures are together for all that but Ameren Cilco did email me today and said it was $16,750.00. The city if they accept that or revert back I just wanted to bring that out.

Mayor Snyder said did that sweeten the pot enough for you. Alderman Busby said no.

Mr. Bates said I thought that was one of the options they presented. I thought it was only going to be in the attorney's office if they had to do an amendment to the franchise agreement. He asked Mr. Tackett if he missed something.

Mr. Tackett said no sir actually the two options were the one thing that I think is that if you go back to the franchise there was no for the past what we paid which was $6,000.00 and some dollars without being reimbursed to the city I think that is what Alderman Busby is talking about.

Alderman Busby said that is what I am talking about.

Lincoln, Illinois

November 16, 2009; Page 7

Revert to franchise agreement with Ameren-Cilco

Mr. Bates said I just wanted to be on the same page. You are looking for someone to pay that then.

Alderman Busby said I don't care if it is Mid America or Ameren. Mr. Tackett said with that option revert back to the franchise or Ameren Cilco offered that $16,000.00 some odd dollars amend the franchise.

Waive bidding process and purchase CSO Monitoring Equipment from ELAN Technologies

Alderman Busby said I move to waive the bidding of CSO Monitoring Equipment and accept the low quote from ELAN Technologies for $37,100.00 and Alderman Neitzel seconded it. Mayor Snyder asked if there was any discussion about this. Alderman Busby said we had two quotes one from Gas Quota Associates for $39,750.00 and then from ELAN for $37,100.00. We also looked into renting it and for 90 days it was $20,000.00 and it is a possibility that we cannot get the tests done in a 90 day period so this is why I made the motion. Alderman Turner said each of the events from what I recall have to be at least 10 days apart and have to have 6 of them and the fact that we would only have the equipment for 90 days and it actually falling in that was pretty slim. Alderman Hoinacki said I also think that probably the public should know that this, Mr. Tackett correct me on this, this is an EPA mandated thing we have to do and the EPA is not providing any money for this. Mr. Tackett said exactly sir. Alderman Hoinacki said this money is budgeted already. Mr. Tackett said yes. Mayor Snyder said any more discussion.

Reimbursement of mileage for Workman's compensation claim

Alderman Turner said as you all recall we talked about this last Tuesday but just a quick recap this is in regards to a Worker's comp bill that we got about a month ago from the Street Department where we had sent the individual by ambulance to Springfield Hospital. He was then assigned to a Worker's comp specialist in Springfield and had filed for mileage reimbursement back and forth. What I had done was pulled the bill originally and did some more research and got all the paperwork the emergency room release and the doctor's appoints that were scheduled by the worker's comp specialist that had sent him to the Springfield doctor. Since it seemed to be in the area of some contention had it put on the agenda to vote on it. With that in mind I would move that we would reimburse for the mileage of the worker's comp claim that happened on September 16, 2009 I was under the impression because we sent him to that doctor out of town and he did not go on his own will and it is about $200.00.

Lincoln, Illinois

November 16, 2009; Page 8

Reimbursement of mileage for Workman's compensation claim

Mayor Snyder said we have a motion do we have a second. It doesn't look like there is a second so the motion dies for the lack of a second. He called on Alderman Busby.

Alderman Busby said I move to deny the reimbursement for mileage for this individual and Alderman Armbrust seconded it. Mayor Snyder asked if there was discussion and called on Alderman Wilmert. Alderman Wilmert said do you need to do that since the motion to reimburse just failed.

Mr. Bates said it is a bill in the claims. Can I try and clarify a couple of things that have been said? I don't know any of the facts in this case but I don't think we, meaning the City of Lincoln, sent this individual anywhere. Medical people may have transported him somewhere at his request or at their discretion but we as a city did not do that, I don't believe. At least normally that wouldn't happen.

Alderman Turner said it depends on who you talk to.

Mr. Bates said ok but typically we as a city don't control where health care is provided and workers compensation specialist it would have had to have been some special condition and I just want to clarify and that doesn't mean that the workman's compensation specialist. We as a city have workers compensation insurance and our insurance is to deal with workers compensation matters that arise. If this person was transferred locally and they transferred him to Springfield some medical person made that decision or this patient made this decision. I am assuming that the city did not make this decision. We don't make a decision whether or not it is a compensable claim or not. These things are decided by people other than us.

Mayor Snyder said questions or comments on this. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), one nay (Alderman Turner), and one absent (Alderman Anderson); motion carried.

Mayor Snyder said I just got a couple of announcements. At your place you have a copy of a Proclamation that Main Street has requested that I sign. It is for the annual official city ornament and they would like for me to sign that and it is part of the deal with the business to provide the ornament and I wanted to be sure you saw a copy of that and let you know that I am going to be signing that. It came in too late for our consideration for this meeting. The official ornament this year is actually the first Logan County Courthouse in Lincoln.

Mayor Snyder said downstairs we have Toys for Tots receptacle. Any new or wrapped toys can be placed in the container downstairs and will be made available for the Toys for Tots program for this holiday season.

Lincoln, Illinois

November 16, 2009; Page 9

Mayor Snyder said our next workshop meeting we will be on the road again. Next Tuesday night the 24th at the Rural Fire Station and there is an Ordinance Committee meeting at 6:00 p.m.

Alderman Armbrust said is there a chance that we will have amplification there. It was a little tough at the courthouse.

Alderman Busby made a motion to adjourn and Alderman Armbrust seconded it. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Anderson); motion carried.

The City Council Meeting was adjourned at 7:48 p.m.

Respectfully Submitted By:

Risa Riggs

Recording Secretary

November 16, 2009

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