Lincoln, Illinois

April 19, 2010

Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, April 19, 2010.

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 Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), none absent, and one seat vacant. Also present were City Clerk Mrs. Martinek, Mayor Snyder, and City Attorney Mr. Bates. Department Heads present were EMC Manager Mr. Tackett, Fire Chief Hulett, Deputy Police Chief Geriets, Safety and Building Officer Mr. LeBegue, City Engineer Mr. Mathon, and Street Superintendent Mr. Jackson.

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

Mayor Snyder called for Presentations:

Presentation by Barb Reinwald for Main Street Lincoln regarding the new Saver Cards for downtown and Wanda Rohlfs regarding National Train Day on May 8, 2010

Mayor Snyder called for Public Participation:

Economic Development Director Joel Smiley was there about the budget situation and reminded them about the importance of Economic Development.

Vienna Purdue read a letter that had been given to the City Council regarding the lawnmower run for the Food Pantry.

Mr. Bates said it was his opinion that they could not authorize this event.  He said that Miss Purdue has alluded to some of the new laws in her letter she gave you.  He was concerned that what she said is not what the law says.  The section which she cited it regulates neighborhood vehicles and just so you know you have the authority to regulate neighborhood vehicles.  You also have the authority to regulate golf carts and all terrain vehicles and off highway motorcycles.  Much of what Miss Purdue said is accurate in terms of what you can authorize on streets for those types of vehicles.  A lot of the equipment that she has mentioned is accurate, the miles per hour, regulations about what streets they can cross and what streets they can't cross.  The whole section of 11-14-26.1 which is cited in this letter authorizes this town to regulate neighborhood vehicles. Neighborhood vehicles are defined as a self propelled electronically powered 4 wheel motor vehicle powered with an engine displacement under 1200 cubic centimeters which is obtaining in one mile a speed of more than 20 miles per hour but no more than 25.  There are minimum speeds which you can regulate.  It doesn't fit under any of the all terrain nor the off highway motorcycle it doesn't meet the definition of neighborhood vehicle and it doesn’t meet the definition of a golf cart. It is not correct in what they authorize you to regulate. 

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April 19, 2010; Page 2

Discussion on Lawnmower Run

Mr. Bates said that Deputy Chief Geriets spoke with the State's Attorney and said the same thing he was saying.

There was a discussion about overtime and setting the stations and cones and the party involved in the event pulls them out.

Mayor Snyder asked for the Presentation of Petitions:

Petition for a Lawnmower Run on Saturday, May 15, 2010

Alderman Hoinacki made a motion to table this petition and Alderman Tibbs 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 Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Mayor Snyder called for the Consent Agenda:

A.  Approve Minutes of the 4/05/2010 Regular Council Meeting.

B.  Approve payment of bills for April 2010

C.  Approve petition by the American Legion to distribute Poppies on May 29, 2010 from 8:00 A.M. to 12:00 Noon at the corner of Broadway and McLean.

D. Approve petition by Route 66 heritage Foundation to use Postville Park for the Rte 66 Garage Sale on Saturday June 11th and 12th, 2010.

E. Proclamation proclaiming April 21, 2010 as Arbor Day

Alderman Anderson made a motion to approve the Consent Agenda as presented and Alderman Horn seconded it.  Mayor Snyder asked if there was any discussion.  City Clerk Mrs. Martinek called the roll call.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Mayor Snyder asked for the Presentation of Petitions:

Petition for a stop sign at the corners of Frorer Avenue and Sheridan Street

Alderman Hoinacki said I move to approve the petition for stop signs at the corners Frorer and Sheridan and Alderman Tibbs seconded it.  Mr. Bates asked for a clarification where the stop signs were going.  Mr. Jackson said a 4 way stop is the recommendation and it is warranted of a morning.  Alderman Hoinacki said I would like to amend that to a 4 way stop and Alderman Tibbs seconded it.  It will take an Ordinance or Resolution. 

Lincoln, Illinois

April 19, 2010; Page 3

Petition for a stop sign at the corners of Frorer Avenue and Sheridan Street

Mr. Bates said he would draft that for the next voting meeting.

City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Petition for the LCHS Class of 1990 to hold a 5K run on August 7, 2010

Alderman Hoinacki said I move to table this petition and Alderman Tibbs 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 Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Petition to construct a concrete sidewalk at 221 Oglesby Ave. with work to be done by and at the expense of the city

Alderman Armbrust said I move to approve the petition to construct a concrete sidewalk at 221 Oglesby Ave. with work to be done at the expense of the city with the amount of work to be determined by the Street Superintendent 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 Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Presentation of Official Reports:

City Treasurer Mr. Plotner gave an oral Report for March 2010.

City Clerk’s Report for March 2010 is on file.

Presentation of Special Reports:

Written reports from Department Heads were submitted in writing are on file.

Mayor Snyder asked for the Consideration of Bids:

Award Bid for 2010 Brainard Branch Maintenance at bridges

Alderman Busby said I move to award the bid work on Brainard Branch Maintenance at bridges to Harold Goodman Excavating for the amount of $12,750.00 and Alderman Neitzel seconded it.  Mayor Snyder said the funds from these come from the sewer. 

Lincoln, Illinois

April 19, 2010; Page 4

Award Bid for 2010 Brainard Branch Maintenance at bridges

Alderman Busby said they were the only bidder.  City Clerk Mrs. Martinek called the roll call.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Unfinished Business

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.

Ordinances and Resolutions

Resolution 2010-218 approving working budget for FY 2010-2011

Mr. Bates said it would remain on the agenda and the meeting will be adjourned. 

Mayor Snyder asked for New Business/Communications:

Proposal for audit of cable franchise fee revenues by Azavar, Inc.

Alderman Anderson said I move to approve the proposal by Azavar, Inc. for audit of a cable franchise with Comcast and Alderman Horn seconded it.  Alderman Anderson said I know Mr. Bates and the Mayor and I had a phone meeting with them on Friday and Attorney Bates did clarify some areas of concerns and I know they have had a number of things back and forth. 

Mr. Bates said he made some changes after our meeting which I got either late Friday or early Saturday and they didn’t really touch on everything you and I and the mayor had talked about so I revised the agreement Saturday and emailed it off to him on Saturday with the things that I wanted changed and he wrote me back early this morning and he accepted all of my changes except he made one addition where I had called for them basically adjusting annually the way he had talked about with new accounts that had been added and I said they would do that annually and he inserted the language or as permitted by law.  He said that there is new legislation and if it passes they may only be able to access to that information every two or three years.  He had some concern on the disclaimer in Section 6 of the contract and asked that it be removed and they said it would be a deal breaker if it wasn’t in it.  I made another attempt to have some of it removed and came back and said if it is not in there in its entirety we’re not doing it.  I will tell you that I don’t agree with or recommend Section 6 entitled disclaimer and with the exception of that I think we have it as best as we can get to. 

Lincoln, Illinois

April 19, 2010; Page 5

Proposal for audit of cable franchise fee revenues by Azavar, Inc.

City Clerk Mrs. Martinek called the roll call.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Contract between EMC and the City of Lincoln

Alderman Busby said I move the amendment No. 2 to the agreement the contract operations of engineering service to the City of Lincoln be approved and the Mayor give approval of signature and Alderman Neitzel 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 Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Approve Health and Dental Insurance with Blue Cross

Alderman Bacon said I move to approve the health and dental insurance with Blue Cross/Blue Shield of Illinois for the City of Illinois effective 5/1/10 as presented and Alderman Horn seconded it. 

Mayor Snyder said it is a 1 year renewal but do have the possibility if there were agreements with the unions to revise the insurance coverage we do have the option of terminating this and going with the other one with the exception of a 90 day window at the end of this one year period.  It is an increase of 33% for health and 33.41% for dental. 

City Clerk Mrs. Martinek called the roll call.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

City Facility lighting upgrades

Alderman Tibbs said I move to authorize the Mayor and City Engineer to submit for BLI Lighting for lighting improvements at City Hall and the wastewater treatment plant facility not to exceed $32,200.00 and Alderman Anderson seconded it.  Alderman Neitzel said being that we are doing the wastewater too can we take the lighting until we get it out of the sewerage treatment.  Alderman Anderson said you can take part of it for those buildings from the sewerage.  Alderman Tibbs said half of that is coming out of the sewer line and the other half is coming out of buildings and grounds.  Alderman Anderson said when we get the rebates back it would go into whichever departments it came out of. 

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April 19, 2010; Page 6

City Facility lighting upgrades

Mr. Mathon said the grant agreement will be submitted by this Thursday and there is approximately a week turn around time for DCCO to process it and at that time we will be notified whether we are awarded that grant or not.  If we are that money is set aside specifically for the city at which time they issue us a notice to proceed.  Only after receipt of notice that money is there waiting for us.  We execute the agreement to have the work performed.

Alderman Tibbs said this is coming off this year's money.  This is a great opportunity for the city to get this upgrade and lighting and save quite a bit of money.  Down the road we will not be able to have florescent lighting.  If we don't go with this opportunity right now down the line it could be 2 to 3 times more. 

Alderman Wilmert said will it cover the full amount of the expenditure and how much are we on the hook for.  Mr. Mathon said it covers approximately half.  Alderman Anderson said approximately half of the total expenditure as far as the way we allocate it part of it would go under the sewer budget and part of it would come from the general fund. 

Alderman Busby asked what line they were going to take this from.  He asked if Alderman Tibbs realized that we were almost broke.

Mayor Snyder said correct me if I am wrong but the total cost is about $16,600.00 and the rebate could be $8,200.00.  Mr. Mathon said that was correct.  Mayor Snyder said the wastewater would be $15,500.00 and the rebate there would be $9,900.00.  Mr. Mathon said yes.  Mayor Snyder said we aren't including the street department, the maintenance facility or Kickapoo Street garage.  Mr. Mathon said that was correct we removed those from consideration partially out of cost and a question of what will go on with those.  Alderman Armbrust said as far as the money we will save in City Hall will be zero because we pay no utilities, we have 8 years to go and we're going to spend money that is darn scarce and the only one gaining is the utility company.  Alderman Tibbs said it was brought to our attention that the expense could more than double what we have been offered today to change this now than to wait 2-3 years down the line when they are say no more florescent lighting then we will be stuck with a much larger bill and that is why we are jumping to this now.  Alderman Anderson said we don't budget now so there is no savings but at some point we will be budgeting in for that cost for the electricity for those five properties that are waived right now and at some point we will have to bite the bullet and refit all these lights and that would be at 100% our cost vs. doing it ahead of the game and actually getting some help with it.  Alderman Busby said I believe the cost for electricity for City Hall is approximately $1,800.00 per month.  Alderman Anderson said they would be cutting a check from this fiscal year and if we don't get it then we will void the check. Mr. Plotner said remember the general fund right now.   City Clerk Mrs. Martinek called the roll call.  There were six yeas (Alderman Anderson, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, and Alderman Tibbs), three nays (Alderman Armbrust, Alderman Busby, and Alderman Wilmert), none absent, and one seat vacant; motion carried. 

Lincoln, Illinois

April 19, 2010; Page 7

Amend Appropriations Ordinance

Mayoral Appointments

Mayor Snyder said he had passed out the Mayoral appointments that he would ask their concurrence on.  The first is on the Civil Service Commission for Dave Huffman of 2350 Railsplitter Avenue to replace the late Cliff Sullivan.  The second is to replace two members on the City of Lincoln ethics commission with Jim Grimaldi of 304 Lincoln Avenue to replace Tom Funk who at the time was an attorney and is now a Judge and can no longer serve and appoint Rebecca Van Nydeggen of 307 N. Kickapoo Street to replace Curtis Sutterfield and he believed the ethics commission meets as needed.  Alderman Anderson said I move to approve the mayor's appointments to Civil Service Commission and the Ethics Commission and Alderman Horn 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 Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried. 

Public Announcements

Mayor Snyder congratulated Alderman Horn on her honor from Kroger's.

Mr. Jackson said 1:00 p.m. Wednesday on the corner of Pekin and N. Kickapoo it will be the planting of the Arbor Day Tree.  It will be replacing the tree at the park that the county had to cut down. 

Alderman Anderson said remind everyone we are meeting Thursday at 5:00 p.m. for more budget discussions but would also like to put a tentative meeting for Saturday at 8:00 a.m. for the 48 hour notice and hoping to cancel. 

Mayor Snyder said with two announcements for Saturday evening Main Street had already mentioned the car cruise in from 5:00 p.m. to 9:00 p.m. and he had passed out at their place the benefit for Nate Stuckey a young man who is battling leukemia and is this Saturday from 3:00 - 8:00 p.m. at the High School. 

Alderman Hoinacki made a motion to go into Executive Session under 5 ILCS 120/2(c)(3) appoint public official and Alderman Anderson 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 Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, none absent, and one seat vacant; motion carried.  The meeting adjourned to Executive Session at 8:29 p.m.

The meeting returned to regular Session at 9:18 p.m. 

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April 19, 2010; Page 8

City Clerk Mrs. Martinek called the Roll.  There were nine Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), none absent, and one seat vacant. Also present were Mayor Snyder, City Clerk Mrs. Martinek and Recording Secretary Mrs. Riggs.

Alderman Busby said I move that this meeting adjourn to April 27, 2010 at 7:00 p.m. and Alderman Armbrust seconded it.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and none absent, and one seat vacant; motion carried. 

The City Council Meeting was adjourned at 9:18 p.m.

Respectfully Submitted By: Risa Riggs, Recording Secretary