Lincoln, Illinois
August 18, 2008
Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, August 18, 2008.
Mayor Davis-Kavelman called the regular City Council Meeting to order at 7:20 p.m. City Clerk Ms. Riggs called the roll. There were nine Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), none absent, and one seat vacant. Also present were Department Heads Fire Chief Hulett, Deputy Police Chief Geriets, City Engineer Mr. Mathon, Safety & Building Officer Mr. Last, EMC Manager Mr. Kitzmiller, and Street and Alley Superintendent Mr. Jackson. Also present were City Treasurer Mr. Plotner, City Clerk Ms. Riggs, Mayor Davis-Kavelman, and City Attorney Mr. Bates.
Those present recited the Pledge of Allegiance to the Flag led by Alderman Prather.
Mayor Davis-Kavelman said it would have been a very good night to have the television running but since it’s not I would ask the City Clerk to make contact with our Comcast. They have an obligation to run this twice a month and I don’t know what the problem was but anyway this would have been nice to have the television working for the people out in the community to watch tonight.
Mayoral Appointment of new Alderman for Ward 1 with Council Approval and Swearing in of said appointment
Mayor Davis-Kavelman said as of right now I’d like to ask for an endorsement for the Mayoral appointment I’m making the new Alderman for Ward 1 to replace former Alderman Benny Huskins. It is with my pleasure if I would get the endorsement from the community City Council I would like to ask that Stuart Churchill be our new Alderman to take that position so I do need a nomination from the floor if you are so moved.
Alderman Neitzel said I make the nomination and Alderman Tibbs seconded it. Mayor Davis-Kavelman asked if there were any comments yes Alderman Busby. Alderman Busby said Mayor we got nothing on it just for your approval is what you’re asking for. Mr. Bates said correct. Alderman Tibbs said we always do that. Mayor Davis-Kavelman said we always do that we can go around the room.
Mr. Bates said I don’t think it’s up to the Mayor to give you any kind of information it’s her appointment. It’s with the advice and consent of the City Council.
Mayor Davis-Kavelman said Alderman Rohlfs. Alderman Rohlfs said can Mr. Churchill make a few comments for us would that be appropriate. Mayor Davis-Kavelman said I don’t know if you can do that. Mr. Bates said no it wouldn’t be.
Mayor Davis-Kavelman said it wouldn’t be at this point. Thank you though that was.
Lincoln, Illinois
August 18, 2008; Page 2
Mayoral Appointment of new Alderman for Ward 1 with Council Approval and Swearing in of said appointment
Mayor Davis-Kavelman said Mr. Churchill’s been in our community for a long time. He’s been a business owner. He’s also had a lot of experience with governmental entities he’s still or he’s retired from the cooperative he was working with electricity so. He’s also on the library board and he’s served his community well. He’s very interested in a lot of issues. She called on Alderman Neitzel.
Alderman Neitzel said I just want to say that I know you have done the checking on this gentleman and you feel he is appropriate for Ward 1 and I would be in favor of it.
Mayor Davis-Kavelman said thank you very much. I do want to mention that we have had quite a few candidates want to apply for that position so I am very glad about that and I would encourage everyone to stay involved with your government so that’s a good thing.
Mr. Bates said did you say he’s on the Lincoln Public Library Board. Mayor Davis-Kavelman said we’ve already checked into that. Alderman Busby said you can’t serve on both.
Mayor Davis-Kavelman said we’ve already checked into that. We’ve got it in writing.
Mr. Bates said from whom. Mayor Davis-Kavelman said from an attorney for the library board. I can’t remember her name at the moment.
Mr. Bates said well I’m not apprised of all the facts and haven’t been asked but those are overlapping taxing districts and there is a potential issue for compatibility for office. I don’t know what the other person said but if it is Mr. Churchill would be deemed as a matter of law to vacate this public library district seat upon being seated on this board just so you know that going in. I was not made aware of that but it is overlapping taxing districts.
Mayor Davis-Kavelman said Mr. Churchill I know we cannot ask him for comments but I can’t remember what the attorney’s name was. I have it in writing the librarian Richard Sumerall.
Mr. Churchill was saying something from his seat. Mayor Davis-Kavelman said come to the podium please.
Alderman Prather said why can’t he comment if we’ve got a motion and a second. Mayor Davis-Kavelman said he can’t comment can he. Mr. Bates said he can answer or respond to a question. Mayor Davis-Kavelman said you have to come to the podium sir.
Lincoln, Illinois
August 18, 2008; Page 3
Mayoral Appointment of new Alderman for Ward 1 with Council Approval and Swearing in of said appointment
Mr. Churchill said we received an email from the Rolling Prairie Library which the Lincoln Public Library District is a member and they said there would be no conflict. I disagree slightly with Mr. Bates that it’s an overlapping tax district because the Lincoln Public Library is a separate taxing entity.
Mr. Bates said it overlaps with the same taxing boundaries as the City of Lincoln. Mr. Churchill said ok yes. Mr. Bates said they are overlapping. Mr. Churchill said in certain areas right so if there is a conflict I will keep my seat on the Lincoln Public Library District just so you understand that. Mr. Bates said just so you understand if it is an incompatible position. Mr. Churchill said ok. Mr. Bates said the law in Illinois is the minute you are swore in to take this seat. Mr. Churchill said ok. Mr. Bates said you immediately by operation of the law have vacated your library position. Mr. Churchill said ok. Mr. Bates said I don’t know because I don’t have all the facts. Mr. Churchill said yeah ok well maybe. Mr. Bates said there is clearly an issue there of potential of incompatibility when you have two taxing districts and you’re sitting on two different taxing districts. Mr. Churchill said ok I see what you’re saying alright yea. Mayor Davis-Kavelman said I was going from what we received from the attorney who knew the law. Mr. Bates said I don’t know that it was an attorney or Rolling Prairie’s Library District. Mr. Churchill said yeah, I don’t know if it was an attorney either. Mayor Davis-Kavelman said it was an attorney from that. Mr. Churchill said ok I don’t recall I have it at home on my email but I don’t have it with me. Mayor Davis-Kavelman said do we want to table this for two weeks or do we.
Mr. Bates said I have not near enough information to have an opinion here. I didn’t know it was an issue.
Alderman Neitzel said do you want us to withdraw our motions. Mayor Davis-Kavelman said I don’t know I’m sorry for this inconvenience for everyone I don’t know, I don’t know. Alderman Busby said I move to table and Alderman Rohlfs seconded it. Mayor Davis-Kavelman said ok we’ll table. Alderman Neitzel said you can do it without. Mayor Davis-Kavelman said ok roll call please. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried. Mayor Davis-Kavelman said we will be bringing this up two weeks from now or whenever the next meeting is and said it would be on the second Tuesday the 2nd. Mr. Bates said do you have the material he sent. Mayor Davis-Kavelman said he emailed it to me. Mr. Bates said can you send it to me at This email address is being protected from spambots. You need JavaScript enabled to view it..
Lincoln, Illinois
August 18, 2008; Page 4
Presentation to Cutler-Hammer a/k/a Eaton Corporation
Mayor Davis-Kavelman said I wanted to do this on television so people could see what we had going on, on Friday and I wasn’t able to make that and Alderman Armbrust did that. At this time I would like to the representative here from Cutler Hammer and Alderman Armbrust would you go up to the podium with me for a moment please. I won’t read all of this but Alderman Armbrust did a wonderful job on Friday delivering this message on behalf of all the City Council members. It’s just saying Whereas, Cutler-Hammer a/k/a Eaton Corporation opened its doors in Lincoln, Illinois 50 years ago with a new trend setting and innovative manufacturing firm of breakers, metering devices and other electrical power distribution devices. When it is produced it shipped its first breaker on May 18, 1958. You did have a family fun day then on Friday as well as a nice presentation by Alderman Armbrust on behalf of the City Council so this is the original copy and we will give it to you and you are going to receive a key to the city and we thank you so much for Eaton’s partnership with our community all these years.
Mr. Joe Blankley said thank you very much.
Mayor Davis-Kavelman asked Alderman Armbrust if he’d like to say something. You worked at Eaton I don’t know was it 30 some years, 40 some years. Why don’t you say some, a few brief words if you would please.
Alderman Armbrust said I’m looking for the spot you just put me in. Basically, as I relayed it to the employees present on Friday. Each and everyone of them that leaves their work day job and goes home and donates time, talent and money to various charities, projects in our community or in their own they are the ones that make the luster the shine on Eaton Corporation.
Mayor Davis-Kavelman said yes they do. Alderman Armbrust said that was all he had to say. Mayor Davis-Kavelman said why don’t you state your name.
My name is Joe Blankley and I’m filling in for our plant manager who could not make it tonight. I’m the Manufacturing Manager at the facility and like Alderman Armbrust I have over 40 years in but a couple of different facilities. I really wan to thank the City Council the City of Lincoln for all of their support with the plant. The plant doesn’t get 50 years without having some dedicated hardworking people out on that shop floor and the people of Lincoln sure fill that bill. Thank you very much.
Mayor Davis-Kavelman said thank you Mr. Blankley.
Lincoln, Illinois
August 18, 2008; Page 5
Mayor Davis-Kavelman called for the Presentation of the Minutes:
Alderman Neitzel said I make a motion to approve the Regular Council meeting minutes of 08/04/08 and Alderman Horn seconded it. Mayor Davis-Kavelman asked if there was any discussion on the minutes. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Mayor Davis-Kavelman asked for the Presentation of Petitions:
Petition for the replacement of a sign at Zion Lutheran School by Richard “Ivan” Ray (tabled 8/4/08)
Alderman Rohlfs said to leave this on the table.
Petition for the placement of No Parking signs on the Northeast side of Latham Place by David and Linda Harmon and others
Alderman Horn said she would defer to Alderman Rohlfs. Alderman Rohlfs said since we have an ordinance coming to the floor Mr. Bates do we need this petition acted upon. Mr. Bates said yes. Alderman Rohlfs said would the City Clerk please read the petition. City Clerk Ms. Riggs said I read the petition at last week’s workshop. Alderman Rohlfs said so all we need is a motion to accept the petition. Alderman Rohlfs said I move to approve the petition for the placement of No Parking signs on the Northeast side of Latham Place that was given by David and Linda Harmon and others and Alderman Neitzel seconded it. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
The Mayor then asked for the Presentation of Ordinances and Resolutions:
Ordinance Amending Section 9-5-15 of the City Code of the City of Lincoln Pertaining to parking on the Northeast side of Latham Place
Alderman Rohlfs asked City Clerk Ms. Riggs to read the Committee’s Report. City Clerk Ms. Riggs read the Committee’s Report. Alderman Rohlfs said I move to accept the Committee’s Report and Alderman Prather seconded it. Mayor Davis-Kavelman asked if there was any discussion. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried. Alderman Rohlfs said would the City Clerk please read the Ordinance pertaining to Amending Section 9-5-15 of the City Code of the City of Lincoln Pertaining to parking on the Northeast side of Latham Place.
Lincoln, Illinois
August 18, 2008; Page 6
Ordinance Amending Section 9-5-15 of the City Code of the City of Lincoln Pertaining to parking on the Northeast side of Latham Place
City Clerk Ms. Riggs read the Ordinance. Alderman Rohlfs said I move to waive the second reading and adopt the Ordinance as read and Alderman Prather seconded it. Mayor Davis-Kavelman said is there any discussion on this issue. Mayor Davis-Kavelman asked if there was any discussion. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Mayor Davis-Kavelman asked for the Presentation of Petitions:
Petition for a crosswalk to be painted in front of Northwest School across 11th Street and handheld stop sign by Nancy Rosenbery, Principal
Alderman Horn said I move to approve the Petition for a crosswalk to be painted in front of Northwest School across 11th Street and handheld stop sign by Nancy Rosenbery, the Principal of Northwest School and Alderman Prather seconded it. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Petition for tree removal at 728 N. Chicago Street by April Davenport
Alderman Hoinacki said I move to approve the tree removal petition at 728 N. Chicago Street by April Davenport with the final work to be at the discretion of the Street Superintendent and Alderman Rohlfs seconded it. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Petition for tree removal at the corner of Elliot and Wyatt Avenue by Roger Alsup
Alderman Hoinacki said I move to approve the tree removal request petition at 724 Wyatt Avenue by Roger Alsup with the final work to be at the discretion of the Street Superintendent and Alderman Rohlfs seconded it. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Lincoln, Illinois
August 18, 2008; Page 7
Petition for sidewalk at 302 Peoria Street by Joy Gray, previously approved as 302 Park Place (work to be done by and at the expense of the city)
Alderman Hoinacki said I move to approve sidewalk petition at 302 Peoria Street by Joy Gray with the work to be done at city expense. Mr. Bates said could we make note in that motion that it was incorrectly previously approved as 302 Park Place. Alderman Hoinacki said yes that was an error previously approved address was 302 Park Place and it should have been 302 Peoria Street and Alderman Busby seconded it. Mayor Davis-Kavelman asked if there was any further discussion. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Mayor Davis-Kavelman asked for the Presentation of Communications:
Mayor Davis-Kavelman said she would just like a moment for Alderman Hoinacki to discuss this weekend’s.
Alderman Hoinacki said this weekend is the Art and Balloon Festival and I welcome everyone to come out and enjoy at the airport the Balloons and downtown with the festivities the Art Fair and hope we have good weather and a good turnout. Mayor Davis-Kavelman said and look for the blue.
Alderman Hoinacki said look for the blue dragon the city sponsored balloon is the blue dragon and this gentleman is coming from New Mexico I believe. The farthest distance I think for any of the balloons this year.
Alderman Busby said do you need help. Mayor Davis-Kavelman said do you need some help. Alderman Hoinacki said I will be any help will be appreciated as far as crewing contact me and I will put a rope in your hand.
Mayor Davis-Kavelman asked Alderman Tibbs to please comment. Alderman Tibbs said on the Historical Homes commission. Mayor Davis-Kavelman said yes please.
Alderman Tibbs said it is one of the important commissions that the mayor has started or established and it is the Historic Homes Commission that started in 2002. For every two years or thereafter we had the historical homes here in Lincoln during the Art and Balloon Fest on display. This year however we have the historic houses of worship tour. This tour is on Saturday the 23rd from 1 until 4 and tickets are available at the Lincoln Public Library, the Lincoln Christian Church or the First United Methodist Church. Everyone is welcome a guided tour will be there and I just wanted to say that the motto of this commission, which I feel is very important is to protect, preserve and increase public awareness of our local treasures here in Lincoln. Thank you Mayor.
Lincoln, Illinois
August 18, 2008; Page 8
Mayor Davis-Kavelman said thank you, thank you very much. Alderman Tibbs serves as that commissions liaison to the City Council so thank you. We will be doing 8 churches as you said.
Alderman Tibbs said I did have the list of the churches however there still are some that could be joining us so I didn’t elaborate unless you want me to say the ones that we have so far. There are still a couple out yet.
Mayor Davis-Kavelman said if you want to real quick.
Alderman Tibbs said ok I’ll just go across it because you know it’s really going to be nice on your ticket of course every church will have a little sign and direction how to get there and you’ll have a tour of this historic church. We have some very, very old churches here in town and one is the Allen Chapel the other if you can remember back approximately 6 years that is now on the historical. We have the Allen Chapel, Holy Family Church, Trinity Episcopal, First Presbyterian, Lincoln Christian Church, Zion Lutheran, First Methodist and Cumberland Presbyterian and so those are the churches right now and we have the possibility of some others.
Mayor Davis-Kavelman asked for the Presentation of Bids:
City Clerk Ms. Riggs said there were no Bids to come before the City Council.
The Mayor then asked for the Presentation of Claims, Presentations, Reading, Reference and Reports Thereon:
Alderman Neitzel made a motion by Roll Call to approve: Finance, Policy & Procedure, Streets & Alleys, Sewer Treatment Plant, Sewers & Drainage, Police, Ordinance and Zoning, Sidewalks, Forestry, Lighting, Fire/Water & ESDA, and Grounds, Buildings & Local Improvements Committees' Reports by roll call and Alderman Horn seconded it. Mayor Davis-Kavelman asked if there was any discussion on the claims. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Mayor Davis-Kavelman then asked for the Presentation of Official Reports:
City Treasurer Mr. Plotner gave an Oral Report for July, 2008.
Mayor Davis-Kavelman asked for the Presentation of Special Reports:
The written reports by the department heads (Operation’s Report for the Sewerage Treatment Plant for July 2008, Street Superintendent's Report for July 2008, Fire Department’s Report for July 2008, Summary of Building Permits for July 2008, Engineering Report for June 2008, and Police Department report for July 2008) are on file.
Mayor Davis-Kavelman asked for the Presentation of Unfinished Business:
City Clerk Ms. Riggs said there was no Unfinished Business to come before the City Council.
Lincoln, Illinois
August 18, 2008; Page 9
Mayor Davis-Kavelman asked for New Business:
Jetting sewers at government facilities (tabled 08/04/08)
Alderman Neitzel said yes we’re going to leave this on the table, thank you.
Approval to Change Order 1 for the South plant Force Main Replacement Project – Extending substantial completion and Project Completion dates and increase in contract price by $5,485.00 for the existing pier removal
Alderman Neitzel said I want to make a motion for the approval of the Change Order 1 for the South plant Force Main Replacement Project – Extending the substantial completion and the Project Completion dates and increase in contract price by $5,485.00 for the existing pier removal which was not put into the bid at the time. Mr. Bates said before there is a second can we say how long the substantial completion date is. Alderman Neitzel said the date is October. Mr. Kitzmiller said substantial completion is September and the Project Completion is October 14. Mr. Bates said is that a part of the motion. Alderman Neitzel said that’s part of the motion. Alderman Anderson seconded it. Alderman Neitzel said thank Mr. Bates. Mayor Davis-Kavelman asked if there was any discussion on this South plant Force Main Project. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Approval of Mayfair Lift Station Force Main Repairs Cost – Not to exceed $14,948.00 and to waive the bidding process
Alderman Neitzel said I want to make a motion for the Approval of Mayfair Lift Station Force Main Repairs Cost – Not to exceed $14,948.00 and to waive the bidding process and Alderman Anderson seconded it. Mayor Davis-Kavelman asked if there was any discussion on this issue the Mayfair Lift Station Force Main. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried.
Mayor Davis-Kavelman asked if there was anything further to come before the City Council. We are going into Executive Session. She called on Alderman Busby.
Lincoln, Illinois
August 18, 2008; Page 10
Alderman Busby made a motion to go into Executive Session under 5 ILCS 120/2(c)(2) to discuss collective bargaining 5 ILCS 120/2(c)(11) to discuss pending litigation and Alderman Rohlfs seconded it. City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent, and one seat vacant; motion carried. The meeting was adjourned to Executive Session at 7:55 p.m. Mayor Davis-Kavelman said I don’t believe we anticipate any type of action after these two executive sessions.
The meeting returned to regular Session at 8:10 p.m. City Clerk Ms. Riggs called the roll call. There were nine Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), none absent and one seat vacant.
Lincoln, Illinois
August 18, 2008; Page 11
Alderman Busby made a motion to adjourn and Alderman Neitzel seconded it. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Rohlfs, and Alderman Tibbs), zero nays, one absent (Alderman Prather), and one seat vacant; motion carried.
The City Council Meeting was adjourned at 8:10 p.m.
Respectfully Submitted By:
Risa Riggs
Minutes as recorded in this document approved by vote of the City Council on September 2, 2008
Melanie J. Riggs, City Clerk
City of Lincoln