Lincoln, Illinois

November 3, 2008

Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, November 3, 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 ten Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs) and  none absent.   Also present were Department Heads Fire Chief Hulett, Deputy Police Chief Geriets, City Engineer Mr. Mathon, Safety & Building Officer Mr. Last, 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. 

Mayor Davis-Kavelman said I just want to remind you tomorrow’s voting day please exercise your right your freedom to vote please. 

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

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

Alderman Anderson said I would move to approve the Regular Council meeting minutes of 10/20/08 as presented and Alderman Neitzel seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried.

Mayor Davis-Kavelman asked for the Presentation of Petitions:

Petition for tree removal at 117 Grand Avenue by Troy Dowdy

Alderman Hoinacki said I move to table this petition by Troy Dowdy to have tree removal at 117 Grand Avenue and Alderman Rohlfs seconded it.  City Clerk Ms. Riggs called the roll call.  There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried.

Petition for stump removal at 222 and 216 Sixth Street by Terry and Kathy Henson

Alderman Hoinacki said I also move to table this petition also regarding the tree at 222 and 216 Sixth Street by Terry and Kathy Henson.  Mr. Bates asked tree or stump.  Alderman Hoinacki said I think it’s both really, Mr. Jackson is that correct.  Mr. Jackson said correct stump at 216 and tree at 222.  Alderman Hoinacki said I need to table this at this time and Alderman Rohlfs seconded it.  City Clerk Ms. Riggs called the roll call.  There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried.

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November 3, 2008; Page 2

Mayor Davis-Kavelman asked for the Presentation of Communications:

City Clerk Ms. Riggs read a postcard from Railsplitter Association.

Mayor Davis-Kavelman said I did want to mention that the department heads are going to give their semi annual oral report.  We’ve got that lined up and normally it would be today but we will go another month to give you a little bit more time to get about a 2-3 minute please unless you want to talk a lot go right ahead up to 5 minutes please.  Get what you’ve been doing the last six months. We will do that the first Monday in December at that Council meeting. 

Mayor Davis-Kavelman asked for the Presentation of Bids:

Bids for Outdoor Warning Siren

Alderman Busby said I move the bid from Lincoln Land Communication, Lincoln, Illinois in the amount of $13,824.00 be approved and Alderman Armbrust seconded it.  Mayor Davis-Kavelman said is there any discussion.  Mayor Davis-Kavelman said there were how many bids.  Alderman Busby said two.  Mayor Davis-Kavelman said 2 bids.  Alderman Busby said the other bid was $19,741.00 or almost $6,000.00 more.  Mayor Davis-Kavelman said thank you and this is a Lincoln business.  Alderman Busby said yes.  City Clerk Ms. Riggs called the roll call.  There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried.

The Mayor asked for the Presentation of Ordinances and Resolutions:

Proclamation for 2008 Official City Ornament

Alderman Rohlfs deferred to Alderman Armbrust.  Alderman Armbrust asked City Clerk Ms. Riggs to read the Proclamation.  City Clerk Ms. Riggs read the Proclamation.  Alderman Armbrust said I move to approve the Proclamation as read and Alderman Neitzel seconded it. 

Mayor Davis-Kavelman asked if there was any other discussion.  She said again we want to thank Main Street Lincoln for all it does for our community.  She said our community is one of the finest we have in all of my travels I see around Illinois so we should be proud of our downtown Lincoln. 

City Clerk Ms. Riggs called the roll call.  There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, and Alderman Tibbs), zero nays, one abstention (Alderman Rohlfs), and none absent; motion carried.

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November 3, 2008; Page 3

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

Alderman Anderson made a motion by Roll Call to approve: Finance, Policy & Procedure, Sanitation, Insurance, and Grounds, Buildings & Local Improvements Committees' Reports by roll call and Alderman Neitzel seconded it. Mayor Davis-Kavelman asked if there was any discussion on the bills.  City Clerk Ms. Riggs called the roll call. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried.

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

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

Mayor Davis-Kavelman asked for the Presentation of Special Reports:

Street Superintendent’s Report for September 2008 was handed out. 

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 said we do have some guests in the audience tonight.  Those present were Peggy Brown with the Chamber Office and Leadership Academy, Michael Turner with State Bank of Lincoln and the Leadership Academy, Jim Gibraldi with Muck & Muck Law Firm and Leadership Academy, Nathan Turner, and Frank Shepke with St. Clara’s Manor.  Commissioner Marble was also present. 

Mayor Davis-Kavelman asked for New Business:

Sanitary Sewer Easement Agreement with Lincoln Towne Center LLC (tabled 10/20/08)

Alderman Neitzel said I want to take it off the table please and Alderman Rohlfs seconded it.  City Clerk Ms. Riggs called the roll call. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried.  Alderman Anderson left the Council Chambers.  Alderman Neitzel said I make a motion to accept Sanitary Sewer Easement Agreement with Lincoln Towne Center LLC.  Mr. Bates said before that’s seconded it needs to be also the license agreement and authorize the Mayor to sign it.  Alderman Neitzel said include that in my motion and Alderman Rohlfs seconded it.  Mayor Davis-Kavelman said is there any further discussion and called on Alderman Neitzel.  Alderman Neitzel said I just wanted to say Mr. Bates our attorney has worked with Lincoln Towne Center and has got everything in agreement so we can now accept the sewer as part of the Lincoln sewer system so we’re ready to go with accepting the sewer.

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November 3, 2008; Page 4

Sanitary Sewer Easement Agreement with Lincoln Towne Center LLC (tabled 10/20/08)

Mayor Davis-Kavelman said Mr. Shepke’s in the back and do you have anything you need to add to this.  Mr. Shepke said no.  Mr. Bates said I need to hit a couple of high points here.  Mayor Davis-Kavelman said ok go ahead. 

Mr. Bates said the way this is actually going to transpire is the Mayor would be authorized to sign the license agreement.  The license agreement is the document that exists between Lincoln Towne Center LLC and St. Clara’s Manor. That is the agreement that indicates and provides what St. Clara’s Manor is going to do to bring the sewer up to the specifications required by the city.  That will include an extension is it 8 inch Mr. Mathon 8 inch from St. Clara’s property to the existing sewer? 

Mr. Mathon said 10 inch line.  Mr. Bates said they are going to install a ten (10) inch line from the St. Clara’s Manor property behind the old Wal-Mart through the grassy area between Kroger’s and the old Wal-Mart store down to where it will connect to the existing sewer line and will then connect diagonally through the parking lot of the old Wal-Mart store in a northwesterly direction then North out to where it connects in the street on Route 10. Once St. Clara’s has done that work then the city will enter into the sanitary sewer easement agreement with Lincoln Towne Center LLC so the first agreement is the license agreement and the only reason the city is signing that is to agree that once the work is done and Mr. Mathon inspects it and Mr. Kitzmiller inspects it and accepts it then and only then will the sewer easement actually be executed so we’re down the road a little bit before we actually sign the sewer easement but it is an exhibit to the license agreement by signing the license agreement the city is agreeing to take the sewer over basically once Mr. Mathon and Mr. Kitzmiller said it’s ok. 

Alderman Neitzel said thank you.  Alderman Rohlfs said is there any cost up front then for us to do the 10 inch pipe or is that.

Mr. Bates said there is no cost to the City of Lincoln whatsoever.  Now there is to St. Clara’s Manor but there is not to the city.  Could the record reflect that Alderman Anderson left the room before this discussion occurred she serves on the board at St. Clara’s Manor?  Does anyone have any questions about the sanitary sewer agreement or the license agreement?

Mayor Davis-Kavelman said thank you again for your work on that.  She called for the question. 

City Clerk Ms. Riggs called the roll call. There were nine yeas (Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and one absent (Alderman Anderson); motion carried.   

Alderman Anderson returned to the Council Chambers.

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November 3, 2008; Page 5

Approval to go out for Property and Liability Insurance

Alderman Prather said I make a motion that we go out for bids for the property and liability insurance for the city and Alderman Horn seconded it.  Mayor Davis-Kavelman asked if there was any discussion on this issue.  City Clerk Ms. Riggs called the roll call.  There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried. 

Approval for Logan Street Railroad Crossing Improvement and authorization for Mayor to be the designated agent and executor of agreement

Alderman Armbrust said I move that we enter into the stipulated agreement 1367 for the improvement of Logan Street Rail Crossing and Illinois Central Railroad in Lincoln, Illinois and that the mayor be designated agent and executor of the agreement and Alderman Tibbs seconded it.  Mayor Davis-Kavelman asked if there was any discussion on this issue, City Engineer or anyone have any input.  City Clerk Ms. Riggs called the roll call.  There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried. 

Resolution for the use of MFT funds for the Logan Street Railroad Crossing Improvement

Alderman Rohlfs said would the City Clerk please read the Resolution.  City Clerk Ms. Riggs read the Resolution.  Alderman Rohlfs said I move to adopt the Resolution for the use of Motor Fuel Tax funds in the amount of $16,042.00 for the Logan Street Railroad Crossing Improvement and Alderman Prather seconded it.  Mayor Davis-Kavelman asked if there was any discussion.  City Clerk Ms. Riggs called the roll call.  There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried. 

Alderman Prather made a motion to adjourn and Alderman Prather seconded it.  There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried. 

The City Council Meeting was adjourned at 7:40 p.m.

Respectfully Submitted By:

Risa Riggs

Minutes as recorded in this document were approved by a vote of the City Council on November 17, 2008.  Melanie J. Riggs, City Clerk