Council Minutes

REGULAR CITY COUNCIL MEETING

Lincoln City Hall,CouncilChambers 700 Broadway Street I Lincoln, Illinois

Monday,August 19,2019 Presiding:

Mayor Seth Goodman

The Regular Meeting of the City Council of Lincoln was called to order by Mayor Seth Goodman at 7 p.m., with proper notice given. City Clerk Peggy Bateman called roll.

Present:

Alderman Tracy Welch, Ward 1

Alderman Steve Parrott, Ward 1

Alderman Sam Downs, Ward 2

Alderman Kathryn Schmidt, Ward 2

Alderman Kevin Bateman, Ward 3

Alderman Ron Keller, Ward 3

Alderman Kathy Horn, Ward 4

Alderman Jeff Hoinacki,Ward 4

Staff Present:

City Administrator Elizabeth Kavelman

City Attorney John Hoblit

City Clerk Peggy Bateman

Treasurer Chuck Conzo

Building and Safety Officer Wes Woodhall

Streets Superintendent Walt Landers

Police Chief Paul Adams

Absent:

Fire Chief Bob Dunovsky

Public Comment:

Mayor Goodman called upon citizens registered to speak. Mr. Bob Meinershagen came forward to share his support for the elimination of the bike path in the 5th Street Road Project.

Consent Agenda by Omnibus Vote: A.Payment of Bills

A.  Payment of Bills

B.   Approval of minutes July 23,2019 Public Hearing

C.   Approval of Mayoral Proclamation,2019-390 declaring the week of September 1,2019 as American Payroll Weekin the City of Lincoln

D.   Approval of request from the Railsplitting Association to use Postville Park and to close various city streets for the Annual Railsplitting Festival from Friday, September 20, 2019 until Monday, September

       23,2019

E.  Approval of request from the Lincoln Park District to use city sidewalks on the square for sidewalk chalk art on Thursday, September 19,2019 from 8:30 a. until 8 p.m.

Alderman Welch made a motion to approve, seconded by Alderman Keller.

Alderman Bateman asked a question about the payment of bills, he wanted an explanation for the purchase of fitness equipment. Chief Adams weighed in saying the city was getting a good deal. Alderman Bateman askedif there was a way to renegotiate the contract with the park district to be on an as-used basis. Chief Adams said the park district fees include the police and fire departments. He said they want healthy officers, and sometimes equipment at the rec center isn't always available to the officers.

Mr. Bateman asked about starting a conversation with the park district, about eliminating the needs for the park district or scale back, in order to save money.

Alderman Keller had follow-up questions about sidewalk chalk art. City Clerk Peggy Bateman weighed in saying some businesses did not want the sidewalk chalk out in front of their business.

Mayor Goodman called for further discussion,there being none, City Clerk Bateman called roll. Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron

Keller, Alderman Kevin Bateman, Alderman Jeff Hoinacki, Alderman Kathryn Schmidt, Alderman Kathy Horn

Nays: (0)

Abstain:(0)

Absent: (0)

Ordinance and Resolution:

A.  Ordinance 2019 900 authorizing the City of Lincoln to borrow funds from the Water Pollution Control Loan program Alderman Hoinacki made a motion to approve, seconded by Alderman Keller. Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman,Alderman Jeff Hoinacki,Alderman Kathryn Schmidt, Alderman Kathy Hom

Nays: (0)

Abstain: (0)

Absent: (0)

B.  Ordinance 2019-901 amending Section 3-7-5 of the City Code, Liquor Regulations

Alderman Parrott made a motion to approve with a few changes, including a section on page one and page two, a clause about an additional $500 for the liquor llcense and reporting requirements.He wantedit to go up to $1,000 without a stair step. He then mentioned leaving the reporting requirements for items in at 30 percent for items other than liquor.

Mr. Hoblit said, Mr. Parrott - other than liquor, did you mean other than gaming? More discussion was had about changing this from, "other than food" to "any sales." He was open to discussion on this, he said.So he was looking for changes in section k, and then changes from food to any sales.

The second was made by Alderman Schmidt. City Clerk Peggy Bateman said the licenses go into effect in May. Mr. Hoblit said the ordinance would take effect January 1.Alderman Bateman asked if it passes with percentages, would they let it be up to the liquor commission to determine if they meet that requirement. He said if we leave it in there, there's no mention about who to turn receipts into, or the timeframe. City Administrator Kavelman said they are to be turned into the City Clerk's Office. Mrs. Bateman said she wanted this in writing.

Mr.Bateman said receipts were never collected.He wanted a procedure in writing, what they are required to do, etc. And a date that they had to turn in the receipts - no later than such established date. He called for definitive language,and the timeline for when they have to turn items in. He needed this information before he would be a, "Yes," vote on this. City Administrator Kavelman weighed in on past practice and process.

Mr. Bateman said if it was in writing, then they could point to it. She said it would be in there as required. It would be a requirement. Mr. Rick Hoefle of the Liquor Commission came forward. He said the rules were simple, if you don't turn in your receipts, you don't get your license. He said no receipts, no approval.

Alderman Welch weighed in saying it was not wise for the city to get into the business of telling people how they can and cannot spend their money. He would be a, "No" vote and said they would have to make an amendment to the motion. He did not like the language about the 30 percent. He said we'd have to amend it now as it was not on the agenda, so he said you'd have to make an amendment to the motion.

Alderman Bateman wanted to make a second amendment, he wanted to make a motion to also remove the 30 percent, but he wanted to follow on Alderman Parrott's idea, but changing the fee.

Mr. Hoblit said, why don't you rescind the motionthat's onthe floor and then all the amendments could be rolled into one. Mr. Hoblit thought everyone would be on board. Mr. Welch then cited Robert's Rules of Order. Mr. Bateman said if he got a seconded,and they voted on it and it passed, then they would vote on Mr. Parrott's motion would fail and then they would vote on it as amended.

More discussion ensued, some [inaudible] comments made by Mr. Hoefle.

Mr. Parrott then weighed in on previous practice of not following the ordinance, he said shame on us. He said if they cannot make 30 percent off of something other than gaming ...then trailed off. Mr.

Welch asked why is video gaming the one? Orisit just the one in front of us right now?

Mr. Hoblit said the one that has the motion and the second, and it should be the one thatis voted on now.Then they can vote on the other at the juncture as well.

Yeas: (3) Alderman Steve Parrott, Alderman Kathryn Schmidt, Alderman Sam Downs

Nays: (5) Alderman Tracy Welch, Alderman Ron Keller, Alderman Kathy Horn, Alderman Kevin Bateman,Alderman Jeff Hoinacki

Abstain:(0)

Absent: (0)

Alderman Bateman made a motion to remove the fee stair step and amend the fee rate, seconded by Alderman Parrott. Alderman Hoinacki wanted to ensure they were voting on the stair step or the 30 percent being out. Starting in 2021 at the higher rate. Mr. Hoblit weighed in.

City Clerk Peggy Bateman wanted clarification, Mr. Hoblit said they were removing the stair step and making it a flat $1,000 - this was section k deleted.

Yeas: (5) Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman, Alderman Kathy Horn

Nays: (3) Alderman Steve Parrott, Alderman Kathy Schmidt, Alderman Jeff Hoinacki

Abstain: (0)

Absent: (0)

Mr. Hoblit said there was another motion that needed to be addressed - it was the ordinance as amended, he either needed to resubmit a new draft, or it needed to pass as amended.

Alderman Bateman made a motion to pass the ordinance as amended, Alderman Parrott wanted to table it, but it was then seconded by Alderman Welch.

Yeas: (4) Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman

Nays: (4) Alderman Steve Parrott, Alderman Kathy Schmidt, Alderman Jeff Hoinacki,Alderman Kathy Horn

Abstain: (0)

Absent: (0)

There being a tie, Mayor Goodman had the vote and made the vote in favor of passingit as it read.Mr. Hoblit weighed in. Mayor Goodman voted, "Yes."

C. Ordinance approving the sale of property to Illinois American Water Company

Mr. John Hoblit explained that this was a real-estate transaction.He asked that this not be voted on at this time. Alderman Bateman asked if they motion to table it, or do they just make a motion to removeit from the agenda all together.

He then made a motion to remove it from the agenda, seconded by Alderman Welch. Mayor Goodman called for further discussion,there being none, City Clerk Bateman called roll.

Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman,Alderman Jeff Hoinacki,Alderman Kathryn Schmidt, Alderman Kathy Hom

Nays: (0) Abstain:

(0) Absent: (0)

Reports:

  1. City Treasurer's Report for July, 2019

City Treasurer Chuck Conzo said the composite account balance and general revenue fund are up from last month. He said this process will continue now through November. He mentioned work needing to be done on the sewer and lift station.He said the expectation is that receipts will pay off the loan that the council authorized earlier in the evening.

He then touched on investments, he said they struggled for a long time to get above $10 million.The fire pension fund is also up from where it was at the end of June. He then hit on the downward trend in the stock market, but he saidit has been going up again.He said historically there are often declines in the month of August. He said it's a month that tends to be turbulent.

He then touched on the replacement tax. He said this year has been better,they're about $20,000 ahead of where the city was one year ago.

He also touched on the Non-Home Rule Sales Tax, and he said he hoped the trend with it continued, including with the Sales State Use Tax. He then said the State Income Tax receipts were up significantly. He said unemployment was down, even in Illinois.He said more people are working and paying income tax.

He said the Motor Fuel Tax, you see a decline there over a year ago, he said those are from receipts in June. He said then the state saw a gasoline tax. He said if that continues the city could continue to see a decline In that revenue.

He said it waslogical to assume that the closing of the glass factory may have made an impact. He said the city may need to keep an eye on this in the future.

B.  City Clerks Report for July, 2019 

City Clerk Bateman began to touch on sewer receipts for the $354,408.45 in sewer receipts. No payment was received from either prison in the month of July.

C.  Department Head Reports for July, 2019 

These reports are either on file or will be shortly.

New Business/Communications:

A. Approval of the hiring a new Police Officer from the Police & Fire Commission list 

Alderman Keller made a motion to approve, seconded by Alderman Horn. Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman, Alderman Jeff Hoinacki, Alderman Kathryn Schmidt, Alderman Kathy Horn

Nays: (0)

Abstain: (0)

Absent: (0) 

B .Approval of the appointment of Firefighter James Cosby to the position of Fire Inspector 

Alderman made a motion to approve, seconded by Alderman Welch. Mr. Bateman made the second. Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman, Alderman Jeff Hoinacki, Alderman Kathryn Schmidt, Alderman Kathy Horn

Nays: (0)

Abstain: (0)

Absent: (0)

C.  Advise and consent to the appointment of Jonathan Parker to the Historic Preservation Commission

Alderman Welch made a motion to approve, seconded by Alderman Keller. Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas:(8) Alderman Steve Parrott,Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman,Alderman Jeff Hoinacki, Alderman Kathryn Schmidt,Alderman Kathy Horn

Nays: (0)

Abstain:(0)

Absent:(0)

D. Approval of the placement of a Referendum to abolish the Civil Service Commission on the March 17, 2020 election

Mr. Hoblit wanted to table the item.

Alderman Keller made a motion to table it, seconded by Alderman Bateman.Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman, Alderman Jeff Hoinacki, Alderman Kathryn Schmidt, Alderman Kathy Horn

Nays: (0)

Abstain:(0)

Absent: (0)

E. Approval of ETSB/9-1-1 Intergovernmental Agreement between Logan County and the City of Lincoln

Alderman Bateman made a motion to approve, seconded by Alderman Welch.

Police Chief Adams said there are still some blanks left open on the contract. He said most of the language refers to 9-1-1, whereas this is an agreement just for the dispatching services. He asked if the council had the updated version, or not.

Alderman Bateman rescinded his motion, Alderman Welch rescinded his second.

Alderman Bateman then made a motion to table the item, seconded by Alderman Welch. Mr.Hoblit said he would speak with the states attorney to expedite and finalize the contract. Alderman Bateman confirmed this would give the city attorney two weeks.

Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman,Alderman Jeff Hoinacki,Alderman Kathryn Schmidt, Alderman Kathy Horn

Nays: (0)

Abstain:(0)

Absent: (0)

F.  Approval Of Television Franchise Agreement betweenthe City of Lincoln and Comcast of Ill., Ind., Ohio, LLC for a period of 10 years beginning September 1,2019

Alderman Bateman said he saidlast week that he would be voting, "No."

Mr. Hoblit said it was not ripe for discussion at this time. Someone needed to make a motion.

Alderman Welch made a motion to approve, seconded by Alderman Parrott. He then said he would not be voting for something more than three years. He said what if there are problems 10 years from now. He said three years max, but he would like to see two years.

A representative from Comcast came forward, saying they would do less than 10 years, but it would need to be around eight years. She said they have done less than 1O with some communities, but Comcast would be willing to do eight years.

Alderman Keller said he was inclined to agree with Alderman Bateman. He said he did not know why it would be advantageous for Comcast to want an agreement of sorts in a time when telecommunications is an ever-changing market.

She rebutted saying that Comcast is the number one cable provider, and that it would continue as Comcast wants to be the leader in innovation.

Alderman Schmidt said they needed to have an opt-out clause for service, or there needs to be a store for people to be able to go to. Mrs. Schmidt said it has not been a good service in our city.The representative weighed in saying she had not heard about downed lines. Alderman Schmidt asked who customers can contact for downed lines. People can call the 1-800 number or items can be referred to the representative who can then send customers down an escalated process.

Alderman Sam Downs said he did call the 1-800 number several times. He said he did not get an issue resolved until going into a store in Decatur-Forsyth and talk to a person in person. The representative said when they did have an office, they did not have a lot of foot traffic. She said it did not make sense to keep the overhead going as it would have to be passed onto customers.

Alderman Welch said he reached out to the representative, (Libby) last week. He said he understands where Comcast decided to take the stance with eight years. He believed at a minimum, Comcast should reinstate the drop box on Kickapoo Street. He mentioned the elderly population who is not capable of driving or is tech savvy. He said that would be the least they could do.

He said the letter with the 1-800 number is sent out annually. She said the last one was sent out around December 2018. He said this was something that could be published. He also wanted to share that this

is a non-exclusive contract, so Comcast does not have the same rights as the city has with Area Disposal. He said the council should take this into consideration. He said long-term agreements are a hard pill to follow, but he said losing a $200,000 revenue stream wouldn't be good for the city.

Mr. Welch said he spoke with Lincoln College and Mr. John Malone, they wrote a white paper, he did not know what it means if they would or wouldn't vote on it tonight. But he wanted to share it with the City Administrator.

Alderman Bateman said he wanted to stick to three years or fudge to five years. He mentioned the numerous phone calls everyone receives. He said they only hear about the horrible customer service.

He said he notices these things because of all the horrible complaints, and downed lined. He said sometimes lines never get buried.

He said he had a real problem with the form of answering a question, saying it did not help the situation at all.

She said the emergency operations number is what is not supposed to be distributed.

City Attorney John Hoblit said there is a channel that Lincoln College uses. He said in the new agreement, the televised meeting was eliminated. He said Comcast was trying to get out of providing this service. He wanted to knowif that was still the position of Comcast.

She said right now there is a three-way agreement between Comcast, the city and Lincoln College. Comcast provides the channel capacity, the channel was transferred to them years ago, so they could manage the workload of that. Her recommendation to Mr. Welch was to bring in a Lincoln College student in to shoot the meetings. Right now they have a contractor doing the work. She said the agreement between Comcast and Lincoln College will need to be renewed.

Comcast provides the channel capacity. Lincoln College manages the operations for Comcast. It expires September 1,2019. City Administrator Kavelman weighed in.Then the representative said this was listed under section eight. But the three-way agreement is a separate agreement with Lincoln College.

Alderman Welch wanted to elaborate a little on a couple of items. He said the council needed to review the document before doing anything.

Mr. Welch said it did not sound like their staffing would be able to meet the needs of the city's broadcasts. He said they have a list the City of Lincoln in regard to the equipment, quality of equipment and the quality of the feed. They want the channel upgraded to HD. He said it's important that everyone understands what is in the contract. He said unless we can work on these issues, they might not be inclined to sign the agreement. He said it did not sound like they were ready to vote onit. He wanted to know where Comcast would stand. The representative weighed in, saying that Comcast liked working with communities in order to come to an agreement.

Mr. Welch asked what is Comcast's position on a three to five-year contract. She said she would have to take that back. City Administrator Kavelman asked what kind of time period would Comcast continue to provide services. The representative said that Comcast had no desire to pull out of the City of Lincoln.

Comcast has a non-exclusive agreement now with the city.Comcast would operate under the current agreement although it might expire. Alderman Schmidt asked what at state certificate is and how it worked. The representative said they would prefer to reach an agreement locally.

Alderman Parrott said they should go ahead and vote and then wanted to know what the difference is. Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas: (0)

Nays: (7) Alderman Steve Parrott, Alderman Sam Downs, Alderman Tracy Welch, Alderman Kevin Bateman, Alderman Jeff Hoinacki, Alderman Kathryn Schmidt, Alderman Kathy Horn

Abstain:(1) Alderman Ron Keller

Absent: (0)

G. Approval of three-way agreement between the City of Lincoln,Lincoln College and Comcast to provide public broadcast service to the Channel 5 Public Broadcast Station for four City Council meetings per month

Alderman Bateman made a motion to table this until they received an agreement with Comcast, seconded by Alderman Schmidt. The Comcast representative made comment, however it was inaudible. Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas: (7) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Kevin Bateman,Alderman Jeff Hoinacki,Alderman Kathryn Schmidt, Alderman Kathy Hom

Nays: (0)

Abstain: (1) Alderman Ron Keller

Absent:(0)

H. Approval of the removal of the bike path from the design of the City's portion of the Fifth Street Road Project

Alderman Keller made a motion to approve, seconded by Alderman Hom. Mayor Goodman called for further discussion, there being none, City Clerk Bateman called roll.

Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman,Alderman Jeff Hoinacki, Alderman Kathryn Schmidt,Alderman Kathy Hom

Nays: (0)

 Abstain:(0)

Absent: (0)

City Administrator Kavelman suggested that Alderman Schmidt should have abstained from the vote as she is a property owner.

Announcements:

  • Next week's meeting will be at 6 p.m.
  • Alderman Bateman said these people are coming from out of state
  • Alderman Welch said in the interest of time, they might table the COW items that are not priority for the next meeting
  • Mr. Landers mentioned scarification and oil and chip projects, he said drivers should be a on the lookout for no parking signs
  • Third Fridays Downtown Lincoln and the Balloons Over 66 weekend willtake place starting August 23, at 5:30 p.m.- followed by the glow event on Saturday evening at 8 p.m.

Executive Session - 2(c) 11Potential Litigation:

There being no further business to cover on the agenda, Alderman Welch made a motion to enter into executive session under 2(c) 11 Potential Litigation.Alderman Keller seconded it. City Clerk Peggy Bateman called roll.

 

Yeas: (8) Alderman Steve Parrott, Alderman Tracy Welch, Alderman Sam Downs, Alderman Ron Keller, Alderman Kevin Bateman, Alderman Jeff Hoinacki, Alderman Kathryn Schmidt, Alderman Kathy Horn

Nays: (0)

Abstain: (0)

Absent: (0)

Mayor Goodman recessed the Regular City Council Meeting in oraer to enter into executive session. The council recessed at 8:14 p.m. There would not be any future city business.

Return from Executive Session ยท2(c) 11Potential Litigation and Adjournment:

The council returned from Executive Session at 9:10, roll call was taken.

Present:

Alderman Tracy Welch Alderman Steve Parrott Alderman Sam Downs Alderman Kevin Bateman Alderman Ron Keller Alderman Kathy Hom Alderman Jeff Hoinacki Alderman Kathryn Schmidt

Then Alderman Keller made a motion to adjourn, seconded by Alderman Weich. The council adjourned at 9:11 p.m.

Respectfully Submitted By:

Alex Williams, Recording Secretary

 

CORONAVIRUS (COVID-19)

Information is available on the following sites:
Logan County Current Statistics

Memorial Health System  - Includes daily statistics for MHS and a COVID-19 Risk Screening

Local Business Resources
Logan County Department of Public Health
Illinois Department of Public Health (IDPH)
Centers of Disease Control and Prevention (CDC)

 

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