Lincoln, Illinois

November 2, 2009

Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, November 2, 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 Bacon, Alderman Busby, Alderman Hoinacki, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert) and one absent (Alderman Horn). Also present were Department Heads Police Chief Erlenbush, Assistant Fire Chief Miller, EMC Manger Mr. Tackett, City Engineer Mr. Mathon, Safety Building Officer Mr. Last, and Street and Alley Superintendent Mr. Jackson.  Also present were 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 led by Alderman Neitzel.

Mayor Snyder called for the Consent Agenda:

Minutes of the City Council Meeting on 10/19/2009

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

Mayor Snyder asked for New Business:

Lease for Lincoln Futbol Club with details to be determined

Mayor Snyder said we have Dr. Hauter and Rick Zimmer here from the soccer club.  He called on Alderman Tibbs.

Lincoln, Illinois

November 2, 2009; Page 2

Lease for Lincoln Futbol Club with details to be determined

Alderman Tibbs said I move that the City Attorney and the Mayor proceed to negotiate a lease with the Lincoln Futbol Club to govern the development of 27 acres of land known as Wal-Mart excess property and into a soccer complex with such lease to include the following provisions 1) description of the permit use of the land, in other words the construction and operation of soccer fields and uses related to such field; 2) the termination of the lease if the lease fails to operate within a specific time or ceases at any time to operate the soccer fields; 3) the tenants responsibility to pay all utilities; 4) the tenants responsibility to comply with all drainage laws; 5) the right of either party to terminate the agreement upon mutually acceptable length of notice; 6) the tenants obligation to carry liability insurance and name the city as a named insured; 7) rent for the land set at a minimum of $1.00 per year; 8) the length of the lease to be no longer than five years and 9) such as other terms and provisions that would be considered customary in such leases.  Mayor Snyder said we have a motion.  Alderman Anderson said I would like to second but I believe under number 2 since this is recorded I think Alderman Tibbs meant tenant fails to operate not lease fails to operate.  Alderman Tibbs said I did mean that.  Alderman Anderson seconded the motion.  Mayor Snyder said discussion on this and he called on Alderman Busby.  Alderman Busby said I notice here it says a dollar a year I think we should at least get the real estate taxes out of it.  Alderman Wilmert said it says as a minimum right the amount is still to be determined. 

Mayor Snyder said yes the motion was a minimum of $1.00 so there would be some exchange of funds but that would be determined in whatever would be worked out in the lease so it could be.  What you are saying Alderman Busby is that if there were say a private taxable entity that owned the land what the city tax would be on that land as it sits.   

Alderman Busby said we pay tax on it now.  Mayor Snyder said because it is not a governmental we aren't holding for a governmental purpose and asked if anyone knew what that amount was.  Alderman Busby said about $400.00 a year.  Mayor Snyder said so there is an outlay of it would be a continuing city expense.  Alderman Busby said right I assume it would be since it is going to be leased to a non government entity.  Mr. Bates said we will have to look into that I didn't know we were paying taxes on it.  Alderman Busby said yes.  Mr. Bates said I would assume that is because we haven't filed for an exemption.  Alderman Busby said we pay tax down by the sewer land too. 

Mayor Snyder said that is something that we can look into that and asked for other discussion.  Soccer club is there anything you would like to add this evening. 

Mr. Zimmer said I don't think so.  Mayor Snyder said thanks for coming.  City Clerk Mrs. Martinek called the roll call.  There were seven yeas (Alderman Anderson, Alderman Bacon,  Alderman Hoinacki, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), two nays (Alderman Armbrust and Alderman Busby), and one absent (Alderman Horn); motion carried.

Lincoln, Illinois

November 2, 2009; Page 3

Mayor Snyder asked for the Presentation of Petitions:

Petition for lower part of curb at 1633 Rutledge Dr. by Evelyn Newton

Alderman Turner said I move to accept the petition for the low curb at 1633 Rutledge Drive by Evelyn Newton and Alderman Armbrust seconded it.  Mayor Snyder said discussion.  Alderman Turner said this is just that part of town the curb is kind of curb down and there is a piece that is no more than two foot long right at the end of her driveway that is missing so there is a giant pothole there that she has to drive through each day.  Mayor Snyder said any further discussion on that.  City Clerk Mrs. Martinek called the roll call.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Horn); motion carried.

Petition to repair/replace concrete sidewalk on Sherman Street at Washington-Monroe School by Patrick Doolin

Alderman Armbrust said I move to accept the petition for the repair of the sidewalk on Sherman Street by Washington-Monroe and Alderman Wilmert seconded it.  Mayor Snyder said discussion.  Alderman Armbrust said it's a piece meal repair it’s not serious enough for the entire walk.  Mayor Snyder said the parts that need it.  Alderman Neitzel said Alderman Armbrust is that a liability issue in any way.  Alderman Armbrust said there is always a liability if it's broken.  Alderman Neitzel said it's that bad.  Alderman Turner said yeah it's pretty cracked up and there are 2 sections that are busted out.  Mr. Bates said could we possibly add to the motion and second will permit it since it is piece meal that the final portion of the work will be at the discretion of the Street Superintendent.  Alderman Armbrust said they could do that and Alderman Wilmert said there is a potential that it all won't get done. Alderman Turner said yeah it doesn’t all need to be done there are just a couple of pieces are real busted up.  Alderman Wilmert said he would amend.  Mayor Snyder said the petition itself talks about the existing sidewalk along North Sherman so it was rather open ended and without this clarification it could take it to mean that it is the whole block of sidewalk but it is just the portions that are determined to be not in compliance with our usual guidelines.  Mayor Snyder said any further discussion. City Clerk Mrs. Martinek called the roll call.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Horn); motion carried.

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November 2, 2009; Page 4

Petition to construct a concrete sidewalk at 208 and 216 3rd Street by Tim Aper

Alderman Armbrust said I would like to place that on the table and Alderman Wilmert seconded it. City Clerk Mrs. Martinek called the roll call.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and one absent (Alderman Horn); motion carried.

Mayor Snyder asked for the Presentation of Communications:

City Clerk Mrs. Martinek read a letter from Ivan Crawford.

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.

Presentation of Official Reports:

Statement of Conditions from State Bank of Lincoln as of September 2009 is on file.

Presentation of Special Reports:

There were no Special Reports to come before the City Council. 

Presentation of Unfinished Business:

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

Mayor Snyder asked for New Business:

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

Alderman Turner asked to leave on the table.

Mayor Snyder said let me just announce and say two things. I passed out to everyone this information from the Attorney General's office this letter that I received about the Freedom of information act meetings and the open meetings act. 

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November 2, 2009; Page 5

Mayor Snyder said also I had received a communication that I had copied in the Street Superintendent, the Police Chief and the Fire Chief about the High School's desire to close the intersection of Clinton and McLean Street I gave you a copy of that.  It came too late for us to get it at the last workshop and too late to get on this agenda but the high school I think it's the media communications class along with the National Honor Society they are filming some type of like an accident video and they want to close this intersection from 9 to 11 this coming Thursday so they can do it and it is a part of a thing that they got some grant money from State Farm and then they are going to enter it into some kind of a competition and it could result in being part of a nationwide campaign. 

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

The City Council Meeting was adjourned at 7:33 p.m.

Respectfully Submitted By:

Risa Riggs

Recording Secretary