Lincoln, Illinois
October 20, 2008
Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, October 20, 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 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, Police Chief Erlenbush, 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, Deputy City Clerk Mrs. Gehlbach, Mayor Davis-Kavelman, and City Attorney Mr. Bates.
Those present recited the Pledge of Allegiance to the Flag led by Alderman Neitzel.
Mayor Davis-Kavelman called for the Presentation of the Minutes:
Chairman Alderman Anderson said since she was not here that evening I would refer to my Vice Chair. Alderman Neitzel said I would make a motion to approve the Regular Council meeting minutes of 10/06/08 and Alderman Horn seconded it. Mayor Davis-Kavelman asked if there was any discussion on the minutes. 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 then asked for the Presentation of Ordinances and Resolutions:
Proclamation for the 25th Annual Harvest of Talents
Alderman Rohlfs asked City Clerk Ms. Riggs to read the Proclamation for the Harvest of Talents. City Clerk Ms. Riggs read the Proclamation. Alderman Rohlfs made a motion to approve the Proclamation for Harvest day on the 4th Saturday in October to celebrate the 25th Anniversary for Harvest of Talents for World Hunger and Alderman Prather seconded it. Mayor Davis-Kavelman said I did want to congratulate you ladies Pat Snyder and Mrs. Neal you have been involved for many, many years and probably the charter members starting this so I want to thank you very much for dedication and time and wonderful things you do. 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 presented the Proclamation to Pat Snyder and Carolyn Neal.
Lincoln, Illinois
October 20, 2008; Page 2
Ordinance Amending Title 7, Chapter 8 of the City Code of the City of Lincoln, Illinois (sewer use charges) (tabled 10/06/08)
Alderman Rohlfs said I move to take from the table the Ordinance Amending Title 7, Chapter 8 of the City Code of the City of Lincoln, Illinois (sewer use charges) and Alderman Prather 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 Rohlfs said on said ordinance I believe we have read the Committee’s Report. Ms. Riggs said she did not believe so. 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. 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 Rohlfs said I move to waive the second reading and adopt the ordinance as distributed and Alderman Prather seconded it. Mayor Davis-Kavelman asked if there was any discussion on this ordinance. 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.
Ordinance Amending the Billboard Regulations in the City of Lincoln
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. 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 Rohlfs said I move to waive the second reading and adopt the ordinance as distributed and Alderman Prather seconded it. Mayor Davis-Kavelman asked if there was any discussion on this ordinance. Mayor Davis-Kavelman said thank you for all your work on that I appreciate it very much and your committee. 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.
Lincoln, Illinois
October 20, 2008; Page 3
Mayor Davis-Kavelman asked for the Presentation of Petitions:
Petition for 5K Run and 1 mile Fun Run/Walk on Saturday, October 25, beginning at 8:30 a.m. by Nate Bossingham
Alderman Horn said I move to approve the petition for the 5 K Run and mile fun/run walk on Saturday, October 25, by the Lincoln Area YMCA and insurance is on file 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.
Petition for sidewalk at 423 N. Sangamon Street by Keith Cusey (work to be done by and at the expense of the city)
Alderman Hoinacki said I move to approve the sidewalk petition at 423 N. Sangamon Street by Keith Cusey with the final dimensions to be at the discretion of the Street Superintendent with the work done by and at the expense of the city 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 tree removal at 302 10th Street by Ryan Seggelke
Alderman Hoinacki said I move to deny the petition at 302 10th Street for the reason for the removal of the tree and Alderman Rohlfs seconded it. Mayor Davis-Kavelman said any further discussion. Alderman Hoinacki said yes Mr. Jackson has some insight on this. Mr. Jackson said what we are going to do is trim this tree and take a look at the root base and see if we can grind some but until we actually get up into the tree I’m not going to say it is dead dying of disease or dangerous to remove. Mayor Davis-Kavelman asked if there were any other comments. 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 asked for the Presentation of Communications:
City Clerk Ms. Riggs read the Letter from Comcast.
Mayor Davis-Kavelman asked if we had a phone number to contact these people. I do want to mention that anyone who has been calling my number I’m calling you back but they put my number my City Hall number.
Lincoln, Illinois
October 20, 2008; Page 4
Letter from Comcast
Mayor Davis-Kavelman said my Mayor’s office number is 217-735-1612 as Comcast and I am getting quite a few calls on boxes and things. I do want to call them back. I don’t know how to help them.
Ms. Riggs read the number on there of 527-2905.
City Clerk Ms. Riggs read a Letter from Illinois Department of Commerce and Economic Opportunity.
City Clerk Ms. Riggs read a letter from G. Michael Ingles. Alderman Prather made a motion to allow Mayor Davis-Kavelman to write a letter 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.
Fire Chief Hulett to discuss Fire Prevention
Fire Chief Hulett said three issues specifically and some of this information is included in your handouts and monthly report and also attached is a media release which copies will be given to the media tonight. First of all we received a $2,700.00 from Integrity Data of Lincoln, Illinois. This grant is going to be used for software to enhance our training and fire inspection program. I’d like to thank Integrity Data and this was a grant that was voted on by their employees and we were only one of four organizations in the area to receive this grant. Secondly, fire prevention week was last week and didn’t have time to talk about it last week but basically our focus in Lincoln is the month of October is fire prevention month. We do fire prevention year round but our focus this month is fire prevention in the homes. We are going to all the schools targeting kids Pre-K to third grade. We started the month off with a fire safety breakfast at the station firefighters served breakfast to the kids also we took them around through the fire station and gave them tours the apparatus and the station itself. We also taught them a little bit about fire safety. We also worked with Together for Lincoln that’s something that we actually provided them with the detectors for 18 homes for people in need and they visited 81 homes and we provided over 100 batteries for smoke alarms and carbon monoxide for homes in Lincoln. It is my understanding out of those 81 homes those were mostly confined to the City of Lincoln. Secondly we’ve had problems with smoke alarms not being installed in all of the homes or batteries not being checked out and put in all the smoke alarms. The last two structure fires did not have working smoke alarms and over the last two days we checked 9 smoke alarms in occupied homes we’ve only had one working smoke alarm with a battery. That tells me we have a problem so what do we do about this. Where I came from we had a program where routinely on every call whether it be a fire call or emergency medical call with some exceptions we checked the smoke detectors.
Lincoln, Illinois
October 20, 2008; Page 5
Fire Chief Hulett to discuss Fire Prevention
Fire Chief Hulett said if there wasn’t a smoke detector we would install one at no cost and if they needed batteries we put batteries in and we carried these on the fire trucks. Just really one story to you on a medical call we put a smoke detector in three months later this elderly lady had a kitchen fire in the morning and it was because of that smoke detector that we installed on a medical call that she claims that we saved her life. We did reduce the amount of damage, kept the fire small so it also protected the firefighters responding to that alarm so it does work and this is something that we would like to target the senior citizens and people in need would be our priority but eventually my goal is to have a working smoke detector in every level of every home be it an apartment, mobile home, home whether it’s rented or owner occupied that’s something we can do. I’d like to thank it’s not just the fire department we couldn’t do this program we don’t have money in our budget to go out and buy smoke detectors without some assistance from the community. The Lincoln City Firefighters local 3092 has agreed to buy all batteries with the assistance of Ace Hardware. Ace Hardware has agreed to sell the batteries at cost to the city firefighters union. Wal-Mart donated $1,000.00 last month that allows me to buy 200 smoke detectors and those are possibly 200 homes or less that can get smoke detectors in them at no cost. The office of the Illinois State Fire Marshall has provided us with some training there’s also a program called remembering when. It’s a program targeted specifically for senior citizens where we not only talk about fire safety we’ll go in a home and do a fire safety inspection. We’ll help them put smoke alarms in. We’ll help them put batteries in if they need them and I believe in Lincoln that can be a real asset because we do have a senior population that I would hate have people run up and down ladders putting smoke detectors in. Call the fire department if we’re on emergency we’re not going to come out we’ll schedule there is a non emergency call and we’ll come out to your home and check your smoke detector to make sure it’s working and put batteries in it. Speaking of batteries you need to change your batteries twice a year when you change your clocks change your batteries in your smoke detector. We have been promoting that for years but as you can see we still have a problem in Lincoln with people not checking their smoke alarms. The newer homes have wired smoke detectors off the electrical systems but there’s a lot of homes that don’t have that new technology. Thirdly, we’re having problems with leaf burning has just started up and I just wanted to remind everybody that you can only burn on Tuesdays, Thursdays and Saturdays between the hours of 8 and 5. We had two leaf burning incidents today it’s Monday and we asked the people to put them out one created a large amount of smoke in the area. People also have the right to complain about that smoke and if there’s a signed complaint and they’re burning on the legal days that they are allowed to we will have the people put out the leaf burning. There’s also possible fine involved but my concern is having compliance and just have people stop burning. It’s not only a fire issue where we had structure fires start by leaf burning but to me it’s also a health issue with the people with asthma and breathing problems. There are other avenues of getting rid of leaves and I think Mr. Jackson might want to mention as far as the public works we have the Mr. Jackson what can we do with the leaf burning if they don’t want to burn.
Lincoln, Illinois
October 20, 2008; Page 6
Fire Chief Hulett to discuss Fire Prevention
Mr. Jackson said tomorrow I will finish the final draft and get it to everyone but I do believe it’s the 30th when the landfill starts opening up everyday except Sundays through Thanksgiving. Then I’ve got the schedule that I will give out tomorrow on the pickup of the bagged leaves the biodegradable bags by Ward just like we did last year also. There are numerous contractors that have ads out that they will suck your leaves up or rake your yard. We’re asking that you don’t burn them out there in the street because that causes the street sweepers to catch fire. We usually have that happen once a year.
Fire Chief Hulett said thanks Mr. Jackson the important thing is to use common sense on windy days please do not burn. You’re supposed to burn 50 feet from any structure and you’re supposed to have a water source and don’t leave them unattended. Once you’ve started leaves burning a lot of times people go back in the house and that’s when we start having problems with fire calls and leaf burning spreading to structures. That’s all I have any.
Alderman Rohlfs said is that information available on the website so someone wants to go to the website they can get all of that information Mr. Jackson from you. Mr. Jackson said my information isn’t yet because I haven’t put it out yet. Fire Chief Hulett said we can put that’s a good idea I mean I can get a copy of the ordinance on the website either that or get another press release next week to explain the burning ordinance. Alderman Rohlfs said probably both would be good if we can. Fire Chief Hulett said this is different than recreational fires we still allow wiener roasts and you need to call in to the fire department ahead of time and have it out by 11 at night again if people complain about your burning on a frequent basis or too close to a structure or past 11 at night if they call the fire department we come out and have it extinguished. Alderman Rohlfs said you have a website for the fire department correct. Fire Chief Hulett said yes we’ll put this on the fire department website and come out with a press release on this also.
Mayor Davis-Kavelman said thank you Chief for a good report. Would you add just state one more time those three days per week that are allowed.
Fire Chief Hulett said between now and March 31 you can burn on Tuesdays, Thursdays and Saturdays from 8:00 a.m. to 5:00 p.m. after April 1 it changes as far as the time you can burn one hour later.
Alderman Prather said Mayor there’s one thing about that though even if you are within regulation if there is a complaint of somebody annoyed of smoke it can be asked to be taken out. Like somebody’s neighbor with asthma or some serious problem just because you’re within the ordinance doesn’t mean they can’t come and ask you to put it out.
Mayor Davis-Kavelman said I did want to ask our we have an item here our Christmas parade in the city will be Thursday, December 4 at 7:00 p.m. in our historic downtown Main Street Lincoln is the sponsor of all this.
Lincoln, Illinois
October 20, 2008; Page 7
Mayor Davis-Kavelman said we’ve always had one alderman be the chair person and Alderman Tibbs has been it for quite a few years and so this we have discussed it and we want to pass it on to another Alderman to do it and since we have a new alderman on Council and I thought you might want to do that Alderman Henrichsmeyer. Alderman Henrichsmeyer said sure.
Mayor Davis-Kavelman said it’s an honor its nice Alderman Tibbs has already to clue you in on things and she is just a wealth of information on candy and things we provide if you don’t mind I will pass this on down to you. The one thing I would ask though if you would agree to be the chair person.
Alderman Henrichsmeyer said yes.
Mayor Davis-Kavelman said the one thing I would request this year we just had a little hodge podge over the last couple of years is that we all ride in one structure or we all walk or walk and some ride but we somehow get scattered every different direction. It was a little different last year. Would you coordinate that so we either all get on a flat bed or something like that.
Alderman Rohlfs said the theme is Christmas at our house so it’s got to look like City Hall.
Mayor Davis-Kavelman asked for the Presentation of Bids:
Bids for Street Patching – Various locations
Alderman Neitzel said we received three bids the recommendation of the City Engineer to go with awarding the 2008 patching to the low bidder of $49,770.56 to Professional Pavement Maintenance in Lincoln. Alderman Neitzel said I make the motion to accept the awarding of that bid to them and Alderman Anderson seconded it. Mayor Davis-Kavelman asked if there was any discussion. Alderman Neitzel said in going through that I just want to say that we received three bids from G.M. Sykes of Rushville in the amount of $71,060.00 and also from Illinois Valley Paving Company of Springfield in the amount of $62,526.51 and then from our hometown Lincoln, Illinois of Professional Maintenance in the amount of $49,770.56 as chairman of the Sewer Committee I am just happy that we are able to award that to a Lincoln business. Mayor Davis-Kavelman called on Alderman Busby. Alderman Busby said did that include the two bonds or just the one. Mr. Mathon said at the time the bid specifications were prepared we were unaware of the performance bond. Mr. Bates said the payment bond. Mr. Mathon said sorry payment bond. Mr. Bates said probably in reality that situation doesn’t apply because we won’t have sub they are going to do it themselves that’s more involved when you have a sub. Mayor Davis-Kavelman said we’ll know next time. Mr. Mathon said I’m in the process of trying to gather the information to get that incorporated to the standard bid specs for the future. Alderman Busby said thank you. Mayor Davis-Kavelman said any other and called on Alderman Prather. Alderman Prather said I just want to compliment our engineer the bid came in only $45.56 from his original estimate.
Lincoln, Illinois
October 20, 2008; Page 8
Bids for Street Patching – Various locations
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 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, 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 Neitzel seconded it. Mayor Davis-Kavelman asked if there was any discussion on the claims. 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 Treasurer Mr. Plotner gave an Oral Report for September, 2008.
City Treasurer Mr. Plotner gave an Oral Report for his Annual Report for April 30, 2008.
City Treasurer Mr. Plotner gave an Oral Report on the Lincoln Police and Firemen’s Pension Investments as of October 1, 2008.
State Bank of Lincoln Statement of Conditions for September 30, 2008 is on file.
Mayor Davis-Kavelman asked for the Presentation of Special Reports:
The written reports by the department heads (Lincoln Police Department report for September 2008, Engineering Report for August 2008, Fire Department’s Report for September 2008, and Operation’s Report for the Sewerage Treatment Plant for September 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
October 20, 2008; Page 9
Mayor Davis-Kavelman asked for New Business:
Decision with respect to volunteers doing work for the City
Alderman Rohlfs said I move to take this from the table please and Alderman Henrichsmeyer 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 Rohlfs said we were a little unsure of how this got tabled we thought it came from the street department but were not sure I do know that Alderman Henrichsmeyer has some comments that he would like to make on the issue. I think we were kind of on a general discussion about the coverage of people who were doing volunteer work for the city as far as our insurance was concerned.
Mayor Davis-Kavelman said we need a motion first. Alderman Henrichsmeyer said I can make a motion to approve and Alderman Rohlfs seconded it. Mayor Davis-Kavelman said ok now we can open this for discussion she called on Alderman Henrichsmeyer.
Alderman Henrichsmeyer said we had some discussions with an attorney in Chicago at the Municipal League Conference and we asked him about volunteer liability and municipalities and he told us a couple of different things. One of them was that they have waivers that are enforceable if you don’t have a volunteer’s endorsement on your workers comp policy. We did some research with our insurance agent and it turns out two things one seems different than what I remember one is that we do have coverage for volunteers in our general liability coverage which would indicate that we have some reduced risk there. As far as on workman’s comp we do have a volunteer’s endorsement and cannot remove it. That’s just the way it works with our workman’s comp policy program and all municipalities that participate that’s the same way they can’t remove it. It sounds like to me that we do have reduced risks and we can allow volunteers to do work in the city. We covered both from the liability and worker’s comp perspective and the only thing that’s different is we can’t use the waivers because of the way our insurance is set up but we do have coverage for volunteers.
Mayor Davis-Kavelman said any comments from the Council. Alderman Rohlfs said does that fall under any kind of technical name. Alderman Henrichsmeyer said it is called the volunteer’s endorsement on the workman’s comp policy. Mayor Davis-Kavelman said to Mr. Bates is that how you see that too? Mr. Bates said I have no idea I’m going on what he said I mean we had a discussion about it today and done some investigation on it and I haven’t talked to the people but I tend to believe it’s not accurate.
Lincoln, Illinois
October 20, 2008; Page 10
Mayor Davis-Kavelman said this goes back to, wasn’t it we were going to paint the 3rd Street Garage or something the volunteers were going to one weekend was coming in to do some very good things for the community. She asked for any other comments and called on Alderman Rohlfs.
Alderman Rohlfs said I did a little checking into this also basically because it spurred some interest as far as Main Street and volunteer coverage and there is coverage through our policy so volunteers for Main Street are working we do have coverage for those individuals.
Mr. Bates said Alderman Henrichsmeyer and I talked about a couple of times was that the matter of reducing our risk and exposure. He and I both thought when this first came up when the churches were doing the big volunteer weekend we thought our agent had told us we had no liability coverage for volunteers under our general liability policy how did we miss that I thought that is what Larry had told us.
Alderman Prather said that’s what he said. Ms. Riggs said he did further checking and found out we do have a volunteer’s endorsement on our general liability or he took it back to Houston Casualty.
Mr. Bates said it’s a matter of limiting our exposure if we have two avenues of potential coverage one being the general liability and one being workman’s comp I told Alderman Henrichsmeyer this afternoon it kind of limits our liability at that point to whatever our deductibles are if we did have a claim whatever those deductibles are would be the extent of our exposure assuming that we have coverage. The workman’s comp is a little bit different because if they fell in the worker’s endorsement volunteers. The comp insurance companies will get money back from us somehow I mean you pay on employees wages if they cover a non employed person under a volunteer waiver somehow they are going to get money from us. I don’t know what the fine print says and how they are going to do it. Clearly if you have two levels of protection for the city it would seem to me that some program could be established for volunteer efforts to the city we didn’t get to the point of talking about details but it seems like it would be an organized operation that there is a coordinator or something if you are going to have volunteer people instead of just having people unilaterally coming in and doing things that you don’t know are happening or so forth. That’s the policy.
Mayor Davis-Kavelman said so is this a moot point for what we had going on that weekend or is this general work yet to be done yet this year. We have a motion on the floor and called on Alderman Busby.
Alderman Busby said I believe the group coordinators of that program of the church group are planning another one and maybe even two next year so there is probably one going to be in the spring and one in the fall. Mayor Davis-Kavelman called on Alderman Anderson.
Lincoln, Illinois
October 20, 2008; Page 11
Decision with respect to volunteers doing work for the City
Alderman Anderson said I don’t think it’s a moot point we’ve gone to the effort to check this out I think now is the time to deal with it before another opportunity comes up or a group wants to do something and take a little ownership in the city I think if we deal with it now then we’re ahead of the game. Mayor Davis-Kavelman said I just want to clarify that it was just the last weekend we had tabled it and it passed and crossed over on each other. 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.
Sanitary Sewer Easement Agreement with Lincoln Towne Center LLC
Alderman Neitzel said before I make my motion Mr. Bates has some information regarding that easement.
Mr. Bates said well I needed to bring you a little bit up to date on a little bit of this so you will be aware of what's going on. We talked about it last Tuesday and follow up discussions between myself and the attorney for Lincoln Towne Center and you'll recall this is the proposed easement out at the old Wal-Mart/Kroger property that St. Clara's Manor wants to hook up to and then the city will takeover the easement. There was some follow up one of the points of contention was the relocation of that if you will recall the Lincoln Towne Center wanted the right to relocate that easement. If they wanted to move it we clarified that if they move it, it has to be at their expense which it was that way all along. We've also clarified I suggested that it had to be gravity flow as it is now. They came back and said well we don't want to be pinned down and make it gravity flow but what we will say is if it's not gravity flow we will put in a lift station at our expense. After we put in a lift station it will be the city's lift station so that has now been incorporated into the agreement there's also discussion if you will remember that we were indemnifying them if they did not have insurance coverage for a liability and we have now refined that a little bit and it does require them to maintain general liability insurance with limits at least $2M at all times including the easement parts. That policy will be carried as they deem appropriate but they have to maintain the insurance so our only exposure to them for liability is if it's not a covered event then we have to cover them also. I had every intention; well let me back up a minute. This is actually two agreement process there is another agreement which is called a license agreement which the city was originally a party to between St. Clara's Manor and Lincoln Towne Center LLC and that provides that St. Clara's Manor is going to do certain work and provide certain evidence to the city that the work they've done meet all of our specifications before we take over the sewer and that license agreement requires them to do that. We are signing or it's proposed that we will sign that license agreement we have no obligation under that license agreement all we're signing it for is to say once St. Clara's does the work and the sewer meets the standards as determined by Mr. Mathon and Mr. Kitzmiller.
Lincoln, Illinois
October 20, 2008; Page 12
Sanitary Sewer Easement Agreement with Lincoln Towne Center LLC
Mr. Bates said we will enter into this sanitary sewer easement agreement which will be attached to that license agreement as an exhibit but by signing the license agreement we are agreeing to enter into this sewer easement agreement after all the work is done. Now I had every intention of coming tonight and asking Alderman Neitzel's committee to recommend approval when the Council approved this. I today got some Plats of Survey one of the easement itself and one is a survey of the entire shopping area there has been some questions come up as a result of that that I do not believe are in any way insurmountable. There are some things that Mr. Mathon, Mr. Kitzmiller and I collectively need to look into it to make sure that what we're saying planning here is going to work. The three of us met once today and we've talked several times since then. We've had a lot of conversations and I have no doubt this can come back up next Tuesday and can get voted on in two weeks but it's not quite ready. The agreement in principal is done and I think meets the specifications that the city gave me. I guess you probably need a motion to approve and move to table or table it now whichever you want to do.
Alderman Neitzel said I think we'll table it I will make a motion to table the sanitary sewer easement agreement with Lincoln Towne Center LLC and Alderman Anderson 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.
Approval of 5th Street Road Sanitary Sewer Agreement
Alderman Neitzel said I will make a motion for the approval of the 5th Street Road sanitary sewer agreement with Hanson Engineering do we have a figure on that. Mr. Mathon said $24,500.00. Alderman Neitzel said $24,500.00 and Alderman Anderson seconded it. Mayor Davis-Kavelman said $24,500 for Hanson Engineers and asked if there was any discussion on this. 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 to go out for bids for 2 new police vehicles
Alderman Horn said I move to approve to go out for bids for two new police vehicles bids to be back on the 10th of November and Alderman Busby 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.
Lincoln, Illinois
October 20, 2008; Page 13
City Website
Alderman Rohlfs said we had a website committee meeting on Friday basically it was to announce that our new website was up and have a copy in the Courier here tonight and I think everybody had the opportunity to see the new home page of the website the address is in there so we do hope that everyone will take the opportunity to take a look at the website and see how they can navigate it and the information they have on that.
Mayor Davis-Kavelman said the address is. Alderman Rohlfs said cityoflincoln-il.gov. Mr. Bates said is there a way to get the upcoming meeting schedule or just a certain time. Mayor Davis-Kavelman said it's on there. Mr. Bates said it just went to the November 3 meeting is all that I can get to. Ms. Riggs said right I will forward them the meeting and meeting dates for the year. Mayor Davis-Kavelman said thank you so much thank you for your work on that the committee and everyone else who had any input.
Mayor Davis-Kavelman said Alderman Busby. Alderman Busby said I believe this should be taken off the agenda. Alderman Henrichsmeyer said I move to take it off the agenda and Alderman Hoinacki 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.
Set Trick or Treat Hours
Alderman Busby said I move to set the Halloween hours on October 31, 2008 from 5 - 8 in the evening and Alderman Prather seconded it. Mayor Davis-Kavelman said is there any discussion and if you don't want them at your house don't turn your light on and said to have a safe one everyone please. 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 said I did want to mention that we have guests present. We have Nathan Turner and Mr. Marble back here.
Ms. Riggs said just one quick announcement you will notice on your meeting notice that the first committee workshop of November it will be held on Monday, November 10 because Tuesday, November 11 is a holiday so you will have three Monday meetings in a row.
Alderman Tibbs said we are going to have trick or treating with the Mayor and what at the hours.
Lincoln, Illinois
October 20, 2008; Page 14
Mayor Davis-Kavelman said this Saturday we are going to have trick or treating with the Mayor at 10:30 a.m. from City Hall from the parking lot. She said anyone that would like to come it just keeps getting bigger and bigger.
Alderman Prather made a motion to adjourn and Alderman Horn 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 8:40 p.m.
Respectfully Submitted By:
Risa Riggs
Minutes as recorded in this document approved by a vote of the City Council on November 3, 2008.
Melanie J. Riggs, City Clerk
City of Lincoln