Lincoln, Illinois

April 21, 2008

Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, April 21, 2008.

Mayor Davis-Kavelman called the regular City Council Meeting to order at 7:15 p.m.  City Clerk Ms. Riggs called the roll.  There were eight Aldermen present (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather (he left at 8:00 p.m.), Alderman Rohlfs, and Alderman Tibbs) and two absent (Alderman Anderson and Alderman Huskins).

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

Mayor Davis-Kavelman called for the Presentation of the Minutes:

Alderman Busby said I move to approve the Regular City Council Meeting Minutes of April 7, 2008 as recorded and Alderman Prather seconded it.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Mayor Davis-Kavelman asked for the Presentation of Petitions:

Petition for the L.C.H.S. Grand March on Saturday, May 3, 2008, by Melody Shew, Grand March Chairman, Main Street Lincoln

Alderman Horn said I move to approve the petition for L.C.H.S. Grand March on Saturday, May 3 and Main Street has the insurance and Alderman Neitzel seconded it. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, and Alderman Tibbs), zero nays, one abstention (Alderman Rohlfs), and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Petition to Block Pekin Street between Hamilton and McLean Streets on Sunday, April 27, 2008 for a special event at Lincoln Christian Church by Pastor Ron Otto (Hours 8:00 a.m. to 2:00 p.m.)

Alderman Horn said I move to approve the petition of the blocking of Pekin Street between Hamilton and McLean on Sunday, April 27, 2008 for Lincoln Christian Church with proof of insurance and Alderman Neitzel seconded it.  Mayor Davis-Kavelman said we do have a gentleman Mr. Ron Otto who is here the petitioner is present.  Alderman Horn asked Mr. Otto to come forward to the microphone please and kind of explain what you're doing and I thought it was quite interesting.

Pastor Otto said I can explain we are having a small car show on our parking lot adjacent to the building there.  It is not adjacent the street splits it. 

Lincoln, Illinois

April 21, 2008; Page 2

Petition to Block Pekin Street between Hamilton and McLean Streets on Sunday, April 27, 2008 for a special event at Lincoln Christian Church by Pastor Ron Otto (Hours 8:00 a.m. to 2:00 p.m.)

Pastor Otto said we're expecting a lot of pedestrian movement, families, and some small children going across there back and forth that day. It's a special car show to wrap up a sermon series I just completed and so we've invited a lot of cars to come over that day and I just thought it would be better if we had that street blocked for safety. 

City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Petition for handicapped sign placement and step maintenance at 1111 Pulaski Street by Virgil and Naomi Pinkley

Alderman Horn said I move to deny the petition of Virgil and Naomi Pinkley of 1111 Pulaski Street for two reasons one because we do not do handicap signs.  Alderman Busby called point of order.  Mayor Davis-Kavelman said make the motion first then we'll come back for discussion.  Mayor Davis-Kavelman said motion has been made.  Alderman Neitzel said she would second it.  Alderman Horn said the first reason is because we do not do handicap signs we can't guarantee that only the petitioners would park by the sign and if they would resubmit their petition the City Engineer and Mr. Jackson would be happy to help them explain to them to write the petition.  City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Petition for the Broadway and McLean Street intersection for Poppy Distribution by American Legion on Saturday, May 24, 2008 from 8:00 a.m. to 12:00 noon by Tecia Hennessey, Chairman

Alderman Horn said I move to approve the sale of poppies by the American Legion on Saturday, May 24, 2008 from 8:00 until noon at the intersection of Broadway and McLean Street with Proof of Insurance and Alderman Neitzel seconded it.  Ms. Riggs said we do have their proof of certificate of insurance.  City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Lincoln, Illinois

April 21, 2008; Page 3

Petition for Alternate Scout Sweep Day by Chad Bennett, if needed

Alderman Tibbs said I move to approve the Alternate Scout Sweep Day.  Mr. Bates asked for what day.  Alderman Tibbs said this is going to be whenever the weather permits, as needed on the petition, if needed and Alderman Armbrust seconded it. Mayor Davis-Kavelman said this is starting this Saturday right then if the weather is not permitting each Saturday until.  Alderman Tibbs said we had scheduled the past two Saturdays and it has rained and it was nasty weather and they are going for this Saturday.  Mayor Davis-Kavelman said this Saturday weather permitting.  City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Mayor Davis-Kavelman asked for the Presentation of Communications:

City Clerk Ms. Riggs said there were no Communications to come before the City Council.

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 Ordinances and Resolutions:

Proclamation for Poppy Days

Alderman Rohlfs asked City Clerk Ms. Riggs to read the Proclamation for Poppy Days.  City Clerk Ms. Riggs read the Proclamation.  Alderman Rohlfs said I move to adopt May 23 and 24th as Poppy Days for 2008 and Alderman Prather seconded it.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Ordinance Amending Section 9-5-15 of the City Code of the City of Lincoln Pertaining to Parking on Campus View Drive

Alderman Rohlfs asked for the City Clerk to read the Committee's Report.  City Clerk Ms. Riggs read the Committee's Report.  Alderman Rohlfs made a motion to accept the Committee's Report and Alderman Prather seconded it.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.  Alderman Rohlfs said I move to waive the second reading of the Ordinance and to adopt it as read last Tuesday.  City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Lincoln, Illinois

April 21, 2008; Page 4

Ordinance Amending the Alley and Gutter Cleaning Regulations of the City of Lincoln Title Eight Chapter 3 Section 8

Alderman Rohlfs asked for the City Clerk to read the Committee's Report.  City Clerk Ms. Riggs read the Committee's Report.  Alderman Rohlfs made a motion to accept the Committee's Report and Alderman Prather seconded it.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.  Alderman Rohlfs said I move to waive the second reading of the Ordinance and to accept the Ordinance as read last Tuesday and Alderman Prather seconded it.  Alderman Neitzel said I think we ought beings we're on the air I think we ought to tell the public why we are amending the alley and the gutter cleaning regulations so they understand the works of the City of Lincoln.  Alderman Rohlfs said I believe the fees that we charge also have been changed somewhat to so Mr. Bates. 

Mr. Bates said why don't I just read the paragraph of enacting the ordinance.  He said it should be the duty of everyone owning or occupying any lot or parcel of land adjoining any public or private alley in the city to keep the same clean and unoffensive condition and also keep the gutters in front, behind or beside the premises owned or occupied by him or under his control free from filth or other offensive matters including but not limited to landscape waste or leaves that may prevent the free flow of water therein.  No property owner, occupant or any other person shall place, rake, or blow any leaves or landscape waste in any of the public street gutters adjoining their property, owned, occupied or which person is working for hire or as a volunteer.  A violation of the provisions of this section shall result in a fine of not less than $50.00 and not more than $400.00 for each offense.  The purpose as related to me is to keep the gutters clean so the storm sewers don't back up and it is not overloaded and clog the sewerage system of the City of Lincoln.    

Alderman Rohlfs said which has been a problem. Mr. Bates said it has in fact.  City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.

Ordinance Amending the Enterprise Zone

Alderman Rohlfs asked City Clerk Ms. Riggs to read the Committee's Report.  City Clerk Ms. Riggs read the Committee's Report.  Alderman Rohlfs made a motion to accept the Committee's Report and Alderman Prather seconded it.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried. 

Lincoln, Illinois

April 21, 2008; Page 5

Ordinance Amending the Enterprise Zone

Alderman Rohlfs said I move to approve the Ordinance Amending Enterprise Zone as submitted side letter on real estate taxes the side letter providing for $5,000.00 annual Enterprise Zone administrative fee if Railsplitter does not commence construction within 36 months they will petition to amend Enterprise Zone to remove for removal from their project land from the Enterprise as presented to the Council and Alderman Prather seconded it. 

Mr. Bates said I have to clarify one I just have to comment.  Mr. Bill Whitlock is here this evening and we've had numerous discussions since the last meeting and I have seen tonight the proposed letter on the annual administrative Enterprise Zone administration fee to the city and it does provide for a payment of $5,000.00.  I would like to point out that that particular payment only comes to pass if the Enterprise Zone is amended, if the State of Illinois approves the amendment and if they are issued a sales tax exemption by the Zone Administrator for the Lincoln/Logan Enterprise Zone and all of those things have to be approval of Railsplitter then they will make a payment to the city and they will do so annually.  It does also say that if the project ceases to exist before the expiration of the 30 day period their obligation to pay also ceases to exist.

Mayor Davis-Kavelman asked if there was any further discussion on this issue.  To clarify this again this is the Railsplitter Wind Farm we are talking about.

City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried. 

Resolution Adopting Working Budget

Alderman Rohlfs said I move to table the Resolution Adopting the Working Budget and Alderman Prather seconded it.  City Clerk Ms. Riggs called the Roll Call.  There were six yeas (Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), two nays (Alderman Armbrust and Alderman Busby), and two absent (Alderman Anderson and Alderman Huskins); motion carried.  Mr. Bates said can we back up a minute here you moved to table that.  Mayor Davis-Kavelman said yeah we moved to table it.  Alderman Rohlfs said to the Adjourned meeting.  Mayor Davis-Kavelman said you moved to table it.  Alderman Rohlfs said I moved to table it.  Mr. Bates said I'm not sure you can take something off the table at an adjourned meeting and put it on the table at the same meeting.  Mr. Bates said I don't think you can take it off the table at the same meeting you put it on.  Alderman Prather said it's already on the agenda you can take it off at any time.  Mayor Davis-Kavelman said can she defer it to the Adjourned meeting.  Alderman Prather said there isn't any other way to have it on the agenda if you don't have it on there. 

Lincoln, Illinois

April 21, 2008; Page 6

Resolution Adopting Working Budget

Alderman Busby said it is an extended meeting though an Adjourned meeting is an extended meeting and it is not a new meeting.  Mayor Davis-Kavelman said it is a continuation.  Mr. Bates said I am trying to think how we've done that in the past.  Mayor Davis-Kavelman said normally it's not been on here that's why I was amazed to see it on here.  Mr. Bates said I would be much more comfortable if you would move to rescind that motion and just defer action on that matter at the Adjourned meeting. Mayor Davis-Kavelman said do you want to rescind your second.  Mr. Bates said you would move to rescind the motion that was made.  Alderman Rohlfs said to rescind the motion to table and Alderman Prather said I agree.  Alderman Prather said will it include both the next two on the one motion.  Mr. Bates said not on this particular motion the next thing wasn't tabled.  Alderman Prather said right I've got you.  Mr. Bates said you need to do this first.  Alderman Rohlfs said now I need to move to defer it to.  Mr. Bates said no.  Mayor Davis-Kavelman said we need to vote on the motion to rescind.  City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried. 

Alderman Rohlfs said we will be deferring the action on adopting of the working budget to the adjourned meeting on Tuesday, April 29 at 7:00 p.m.

The Mayor then asked for the Presentation of Claims, Presentations, Reading, Reference and Reports Thereon:

Alderman Busby made a motion by Roll Call to approve as presented: Finance, Policy & Procedure, Streets and Alleys, Sewer Treatment Plant, Sewers & Drainage, Police, Ordinance and Zoning, Sidewalks, Forestry and Lighting, Fire/Water and ESDA, and Grounds, Buildings & Local Improvements Committees' Reports by roll call and Alderman Prather seconded it. City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried. 

Mayor Davis-Kavelman then asked for the Presentation of Official Reports:

City Treasurer Mr. Plotner gave an oral Report for March 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 March, 2008, Police Department report for March, 2008, Street Superintendent's Report for March 2008, Engineering Report for February 2008, and Summary of Building Permits for March 2008) are on file.

State Bank of Lincoln Statement of Conditions as of March 31, 2008 is on file.

Lincoln, Illinois

April 21, 2008; Page 7

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.

Mayor Davis-Kavelman asked for New Business:

Appointment to the Abraham Lincoln Bicentennial Commission

Mayor Davis-Kavelman said we're still leaving that on the table. 

Approval of renewal of Property/Casualty Insurance for Fiscal Year 2008/2009

Alderman Horn said I move to approve the approval of the renewal of Property/Casualty Insurance for Fiscal Year 2008/2009 it went down from $109,334.00 to $109,331.00 and Alderman Neitzel seconded it. Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried. 

Approval of Easement Agreement with the Heaths, with authorization for Mayor to sign documents

Alderman Armbrust said I recommend the Approval of Easement Agreement with the Heaths on North Sherman with the authorization for Mayor to sign the documents and Alderman Tibbs seconded it.  Mayor Davis-Kavelman asked if there was any discussion regarding this situation.  Alderman Armbrust said basically it is reminder this was an agreement we had with these folks that helped us push through the Sherman Street project and we are allowing them to put a fence up on a small piece of city property and for that they helped us out with our construction out there by going along with it.  Mayor Davis-Kavelman said thank you very much and thank you for working on it everyone involved City Attorney Mr. Bates and City Engineer Mr. Mathon.  Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried. 

Waiving of Aldermen's pay for the Adjourned Meeting of April 29, 2008

Alderman Busby said I move any Alderman voting agree to waive their pay for the Adjourned meeting of April 29th and those voting no will receive pay and anyone absent from the meeting April 21 may waive or not to waive their pay with a written statement to the City Clerk and Alderman Prather seconded it.  Mayor Davis-Kavelman asked if there was any discussion.  Alderman Busby said the reason made a little longer than usual because we are going to have a roll call vote on this a yes or a no but there are two absent and an absent vote is a no vote so they have the right to contact Ms. Riggs and say they want to waive their pay. 

Lincoln, Illinois

April 21, 2008; Page 8

Waiving of Aldermen's pay for the Adjourned Meeting of April 29, 2008

Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried. 

Mr. Bates asked Alderman Tibbs if before this meeting is adjourned if you would add another item to the agenda and it would be the Cash Rent Lease for the Wal-Mart for the April 29 Adjourned meeting.  Would you be willing to do that?

Alderman Tibbs said sure.  Mr. Bates said I'm assuming someone's going to make a motion to adjourn this before you are done.  Alderman Tibbs said do you want to do this before.  Mr. Bates said just as long as it gets on the agenda and if you say so Ms. Riggs will have it on there.  Alderman Tibbs said ok have it on there go ahead and add it. 

Alderman Armbrust made a motion to go into Executive Session under 5 ILCS 120/2(c) (1) to discuss employee hiring and Alderman Prather seconded it. City Clerk Ms. Riggs called the Roll Call.  There were eight yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and two absent (Alderman Anderson and Alderman Huskins); motion carried.  The meeting dismissed to Executive Session at 7:48 p.m.

The meeting returned to Regular Session at 9:36 p.m.  Ms. Riggs called the roll call.  There were seven present (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Rohlfs, and Alderman Tibbs), zero nays, and three absent (Alderman Anderson, Alderman Huskins, and Alderman Prather); motion carried. 

Alderman Tibbs said I would like to have a meeting on the 29th at 6:30 with Building and Grounds Committee and also to include Fire and Police Committee's. Mr. Shattuck will be here to give everyone a good idea of what we're doing here at City Hall.  We'll have everything mapped out for you and we'll give you an opportunity to ask questions. 

Ms. Riggs said I have one comment to that in open session.  I had to call the Police Chief this morning because somebody was in Mr. Last's face this morning.  Was going you keep out of my business.  I happened to be taking the mail in and I immediately went to Doris' desk and called Police Chief Erlenbush and he had three police officers there within 2 minutes on an ordinance violation.

Mayor Davis-Kavelman asked if they escorted him out or her out. 

Lincoln, Illinois

April 21, 2008; Page 9

Ms. Riggs said him and their attitudes changed as soon as the police showed up.  Mr. Last did not know where how the police came over there and as soon as they left he asked how they got here.  I told him because I called but this guy was saying you stay out of my business.

Mayor Davis-Kavelman said very good thank you for doing that.  Alderman Tibbs said because there are great questions on materials that we have hired Mr. Shattuck for that reason.  Ms. Rigs said this was a perfect example.  Alderman Tibbs said Mr. Tim Aper is going to be present who along with Mr. Last and also our Police Chief so they can discuss.  Mayor Davis-Kavelman said you do know we only have thirty minutes because we are going, isn't it 7:00 we go into the adjourned meeting so he'll only have thirty minutes that night to talk.  Alderman Tibbs said yes we know that and I doubt we would need that.  Alderman Busby said even if they do he could wait until after the regular and it is a Tuesday night Committee meeting too. 

Alderman Busby said I move for approval to adjourn the meeting of April 21, 2008 to April 29, 2008 at 7:00 p.m. and Alderman Neitzel seconded it.  City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Rohlfs, and Alderman Tibbs) and three absent (Alderman Anderson, Alderman Huskins, and Alderman Prather (he left at 8:00 p.m.)).

The City Council Meeting was adjourned at 9:40 p.m.

Respectfully Submitted By:

Risa Riggs

Minutes as recorded in this document approved by vote of City Council on May 5, 2008.

Melanie J. Riggs, City Clerk