Lincoln, Illinois
February 17, 2009
Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Tuesday, February 17, 2009.
Mayor Davis-Kavelman called the regular City Council Meeting to order at 7:20 p.m. Acting City Clerk Mrs. Gehlbach 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, EMC Manger Mr. Kitzmiller, City Engineer Mr. Mathon, and Safety and Building Officer Mr. Last. Also present were Acting 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 Hoinacki.
Mayor Davis-Kavelman called for the Presentation of the Minutes:
Alderman Anderson said I would move to approve the Regular Council meeting minutes of 2/02/09 and Alderman Neitzel seconded it. Mayor Davis-Kavelman asked if there was any question about 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.
Mayor Davis-Kavelman asked for the Presentation of Petitions:
Acting City Clerk Mrs. Gehlbach said there were no Petitions to come before the City Council.
Mayor Davis-Kavelman asked for the Presentation of Communications:
Acting City Clerk Mrs. Gehlbach said there were no Communications to come before the City Council.
Mayor Davis-Kavelman asked for the Presentation of Bids:
Acting City Clerk Mrs. Gehlbach said there were no Bids to come before the City Council.
Mayor Davis-Kavelman asked Main Street Lincoln to come forward.
Barb Reinwald, President of Main Street Lincoln said that Mayor Davis-Kavelman is co-chair of the Bicentennial Commission and also present with her was Jackie Baker who is one of the grant administrators. She said on behalf of Main Street Lincoln I would like to present to the City of Lincoln with a print of the Lincoln in Lincoln painting. The original is 58 X 72 acrylic on canvas; it is right now in the Board room at the President's office at Lincoln College. I hope a lot of you have already seen it. It will be displayed in the Heritage Museum at the college and the print that we are giving to the city is #200 the limited edition prints. It was selected to represent the 200th Anniversary of Abraham Lincoln's Birthday. The City of Lincoln was instrumental in establishing the Abraham Lincoln Bicentennial Commission.
Lincoln, Illinois
February 17, 2009; Page 2
Main Street Lincoln Presentation
Mrs. Reinwald said it is only right that a commemorative piece be placed in City Hall. We would like to request that this print be hung in City Hall in Lincoln for visitors to see and appreciate. It is as well an educational endeavor to future visitors to know our Heritage and Legacy with Abraham Lincoln and of course without Alderman Rohlfs writing the grant we would have none of this. We are very, very proud of her and we're proud to present this to you.
Mayor Davis-Kavelman said you did mention that this was one of his last speeches. I guess on behalf of the City of Lincoln we will accept this painting and I don't know where we're going to put it but we'll sure find a special place for it.
Mrs. Reinwald said like I said if you haven't seen the original be sure you do so. You can stand and look at it for a long, long time and still find more and more things to look at.
Alderman Rohlfs said Ms. Baker you might want to tell them about the frame. Ms. Baker said we didn't know what kind of frame the city would like to put it in so this is just a temporary didn't know where you would place it for matching colors so we just did something simple.
Mayor Davis-Kavelman said I appreciate it very much and if people will recall this was a very nice event that day and many, many people came and a lot of school children were there and it was a good educational thing and rewarding experience. Thank you very much.
Mayor Davis-Kavelman asked for New Business:
Decision on the 1999 F250 Truck at the Sewerage Treatment Plant
Alderman Neitzel said I would like to take it off the table please and Alderman Rohlfs seconded it. Acting City Clerk Mrs. Gehlbach called the roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), one abstention (Alderman Busby), zero nays, and none absent; motion carried. Alderman Neitzel said I would like to make a motion that the 1999 F250 Truck at the Sewerage Treatment Plant be sold as excess property. Mr. Bates said we have to do the ordinance first because it is not surplus property until we pass the ordinance.
The Mayor asked for the Presentation of Ordinances and Resolutions:
Approval of Ordinance declaring the Wastewater Treatment Plant F250 Truck as excess property
Alderman Rohlfs asked Acting City Clerk Mrs. Gehlbach to read the Committee's Report.
Lincoln, Illinois
February 17, 2009; Page 3
Approval of Ordinance declaring the Wastewater Treatment Plant F250 Truck as excess property
City Attorney Mr. Bates said the Committee's Report would be something to the effect of an ordinance entitling the ordinance authorizing sale of excess personal property having been referred to in and considered by the Ordinance Committee as recommended by the Ordinance Committee. 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 would the Acting City Clerk please read the Ordinance. Mr. Bates read the Ordinance. Alderman Rohlfs said I move to waive the second reading of the Ordinance and to adopt Ordinance declaring the Wastewater Treatment Plant F250 Truck as excess personal property as read and Alderman Prather seconded it. Mayor Davis-Kavelman said is there any discussion regarding this. Acting City Clerk Mrs. Gehlbach 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 New Business:
Decision on the 1999 F250 Truck at the Sewerage Treatment Plant
Alderman Neitzel said I make a motion that the 1999 F250 truck at the sewerage treatment plant be sold as excess property as outlined in the ordinance previously read. Mr. Bates said we need the date the bids are going to come back and I understood from Mr. Kitzmiller that there was going to be a minimum bid. Alderman Neitzel said with a minimum bid requirement of $3,500.00 and it must be received back March 10, 2009 at 5:00 p.m. in the Clerk's office and Alderman Prather seconded it. Mayor Davis-Kavelman said is there any discussion on this issue. Alderman Neitzel said I would just like to say the reason the truck is being excess property after review of the truck and the money involved the Council decided to replace the truck instead of repair the truck. Acting City Clerk Mrs. Gehlbach 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 and Alleys, Sewer Treatment Plant and Sewers and Drainage, Police, Ordinance and Zoning, Sidewalks, Forestry & Lighting, Fire/Water & ESDA, and Grounds, Buildings & Local Improvements Committees' Reports by roll call as presented and Alderman Neitzel seconded it.
Lincoln, Illinois
February 17, 2009; Page 4
Mayor Davis-Kavelman asked if there was any discussion on the bills. Acting City Clerk Mrs. Gehlbach 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’s Report for January, 2009 was handed out.
City Treasurer's Report for January, 2009 was handed out.
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, Engineering Department’s Report, Police Department's Report, and Fire Department’s Report) are on file.
Mayor Davis-Kavelman asked for the Presentation of Unfinished Business:
Acting City Clerk Mrs. Gehlbach said there was no Unfinished Business to come before the City Council.
Mayor Davis-Kavelman asked for New Business:
Approval of Highway Authority Agreement for Illico Property (tabled 2/2/09)
Alderman Armbrust said he would like to leave that on the table.
Permission to seek bids for farm lease on the Wal-Mart excess property
Alderman Tibbs said I move to approve to go out for bids for farm lease property on the Wal-Mart excess property the bids need to be in by the 10th of March at 5:00 p.m. and Alderman Henrichsmeyer seconded it. Mayor Davis-Kavelman asked if there was any discussion on this issue. Acting City Clerk Mrs. Gehlbach 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.
Motion to seek bids for a 2009 F150 Truck for the Wastewater Treatment Plant
Alderman Neitzel said I make a motion to seek bids for a 2009 F150 Truck for the wastewater treatment plant with the bids to come back on March 10, 2009 at 5:00 p.m. and Alderman Rohlfs seconded it. Mayor Davis-Kavelman said is there any further discussion on this issue.
Lincoln, Illinois
February 17, 2009; Page 5
Motion to seek bids for a 2009 F150 Truck for the Wastewater Treatment Plant
Acting City Clerk Mrs. Gehlbach 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.
Permission to go out for bids for City Hall roof
Alderman Tibbs said I move to approve to go out for bids for the City Hall roof all bids to be in no later than March 10th at 5:00 p.m. and Alderman Henrichsmeyer seconded it. Mr. Bates asked if they could do that by then I don’t know how long it takes to get those out and how long it takes to calculate everything. Alderman Tibbs said I had some discussion with the Clerk today and I thought that everything was ready to go. Mr. Bates asked about Mr. Shattuck I mean have you talked to him about what day he wants to have it back. Alderman Tibbs said yes. Mr. Mathon said I had a discussion with him this afternoon regarding that and he felt that by the 10th was plenty of time for contractors to prepare that. Mayor Davis-Kavelman said good job Alderman Tibbs. Alderman Tibbs said thank you mayor. Mayor Davis-Kavelman asked if there was any further discussion regarding the City Hall roof. Alderman Busby said where will you place these ads. Mr. Mathon said the advertisement will run in the Courier and by contacts that Mr. Shattuck has said he would meet with and make sure that the contractors that they have done business with or I've worked on projects with have it and it will also be listed with fwdodge the plans will be available through a clearing house. Acting City Clerk Mrs. Gehlbach 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.
Decision on Mayoral position benefits package
Alderman Anderson said I would move to approve a change to the Policy and Procedures manual eliminating benefits including life, dental and health for the mayoral position. Mr. Bates said effective when. Alderman Anderson said it would be effective with the new fiscal year May 1, 2009 and Alderman Prather seconded it. Mr. Bates said you are mayor until the first Monday, May 4, 2009. Mayor Davis-Kavelman said what happens between May 1 and 4 if I break a leg. Alderman Busby said don't get sick. Mayor Davis-Kavelman said I'm just asking if that's what the Council wants that's what we'll do. Alderman Rohlfs said is that timeline we have to do it on the first day of the month. Alderman Anderson said well I don't know if it should be reworded that it would be when the new mayor takes. Mr. Bates said I think you're trying to make a motion so that it is not available for the newly seated mayor. Alderman Anderson said correct.
Mr. Bates said I really don't think you can and I'm not taking sides here but I don't really think you can take that away from the existing mayor. The existing mayor actually holds office until the new mayor is sworn in.
Lincoln, Illinois
February 17, 2009; Page 6
Decision on Mayoral position benefits package
Alderman Anderson said that's the intent. Alderman Prather said I will retract my second. Mr. Bates said you are going to amend that effective as of the beginning of the term with the new mayor. Alderman Prather said I would second that. Mayor Davis-Kavelman said thank you for that and asked if there were any further questions. Alderman Neitzel said I just want to say this that the City Council has talked about this and the consideration given that being that the mayor's position is a part time not a full time is the reason that we have withdrawn that benefit so I just want to say that that's what we're using as our rationale. Acting City Clerk Mrs. Gehlbach 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.
Decision on seal coating at Logan County Fairgrounds
Alderman Tibbs said I move to approve the decision on seal coating at Logan County Fairgrounds and Alderman Henrichsmeyer seconded it. Mayor Davis-Kavelman said any discussion. Alderman Armbrust said I want everyone to understand that I will abstain on voting on this because I have been involved with the fairgrounds for about 50 years and I want no appearance of a conflict. Alderman Rohlfs said we might want to discuss this while we on television given the fact that Mr. Jackson has done this previously and it is something that does not take much time for the city to move into the fairgrounds and perform that seal coat. Alderman Prather said I would also like to mention that this is something that is done about every 8 years and they reimburse the city for all expenses about a day and a half or day and a quarter of manpower and it's a professional courtesy more or less. Mr. Bates said is there a written request for this. Alderman Prather said no it's oral I believe. Mr. Bates said is part of that request was it that they pay all the expenses of the city. Alderman Prather said yeah. Mayor Davis-Kavelman said yes that is. Mr. Mathon said I believe the Street Superintendent received the request and I didn't clarify that with him when I spoke to him today I thought the request was that the city provide the labor and that they would provide the materials. Mr. Bates said is that the basis of your motion that they are going to reimburse us for all materials. Alderman Tibbs said exactly and that was also discussed in the workshop. Alderman Armbrust said I understood I was with Mr. Jackson when some of this was talked about and I understood they were paying labor. Alderman Prather said they pay labor too they always have. Mayor Davis-Kavelman said it is just something nice we do for the fairgrounds. Mr. Bates said so they are going to reimburse all the expense. Acting City Clerk Mrs. Gehlbach called the roll call. There were nine yeas (Alderman Anderson, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), one abstention (Alderman Armbrust), zero nays, and none absent; motion carried.
Lincoln, Illinois
February 17, 2009; Page 7
Vote of recommendation to the Logan County Republican Central Committee for Acting City Clerk, Susan Gehlbach, for City Clerk candidacy in the General Election 04/07/09
Mayor Davis-Kavelman said I know we need a motion on that but in the meantime we have a change so how do we approach that. Alderman Prather said take it off the agenda. Mayor Davis-Kavelman said it is a moot point I guess right now. Mr. Bates said if it is a moot point then there needs to be a motion to remove it from the agenda. Alderman Prather said I would like to make a motion that item 12H be removed from the agenda and Alderman Anderson seconded it. Alderman Prather said does she need to be voted as Acting.
Mr. Bates said I need to clarify what's going on here because Mrs. Gehlbach is not the City Clerk at this point she is performing the duties of the City Clerk as Deputy Clerk and until such time as she has been formally appointed if she is appointed to fill the vacancy that exists in that office right now for the unexpired term which is done by the mayor with the advice and consent of the Council so that has not legally happened at this point. She is performing the duties of Deputy Clerk.
Mayor Davis-Kavelman said you told me last week we didn’t have to do that. Mr. Bates said no I said you didn't have to accept the resignation it didn't have to be voted on the resignation. Mayor Davis-Kavelman said we should have had this on the agenda then to go ahead. Alderman Prather said I think it can be included with this. Mr. Bates said no. Alderman Prather said it will have to go in the next time huh. Alderman Tibbs said it was discussed. Mayor Davis-Kavelman said we definitely want her to be the acting city clerk. Mr. Bates said it is a mayoral appointment under the advice and consent of the City Council. Alderman Prather said it will have to be on next time. Mayor Davis-Kavelman said that is not what I understood so alright I do apologize if that's what we're doing I thought that was. Mr. Bates said no, you asked me about the resignation if the Council had to vote on it and I said no if you had accepted it. Mayor Davis-Kavelman said I asked about the acting. Mr. Bates said it has to be voted on by the Council.
Mayor Davis-Kavelman said I would have done that last week ok. I don’t know if I need to call a special meeting to do that or she can just continue then we go.
Alderman Prather said mayor excuse me in the absence of the Clerk she takes over the position as clerk because she is a Deputy Clerk so therefore now since we don't have a clerk she is the clerk. Mayor Davis-Kavelman said right I understand that but I just thought we pretty well had this figured out but I guess we didn't. Acting City Clerk Mrs. Gehlbach 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 put this on the agenda for Monday, March 2, 2009 to ask for the advice and consent of the Council to name Susan Gehlbach as Acting City Clerk.
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February 17, 2009; Page 8
Alderman Prather said could that also be included in the agenda that she be paid Clerk's pay retroactive. Mayor Davis-Kavelman said yes. Alderman Prather said can that be a part of it please.
Mayor Davis-Kavelman asked if there was anything further to come before the City Council. She called on Alderman Anderson.
Alderman Anderson said one item that was pointed out that I think we probably aught to clarify is on the benefits that we are eliminating for mayoral position is a savings to the city just under $8,000.00 a year at the current insurance levels.
Mayor Davis-Kavelman called on Alderman Neitzel.
Alderman Neitzel said I have one questions being that we are on television. Has Mrs. Gehlbach declined to run as the City Clerk?
Mayor Davis-Kavelman said as of this morning she said yes ask her, she would like to remain as Deputy. Mrs. Gehlbach said as Deputy I would like to be able to still continue working and as the Deputy Clerk. Alderman Neitzel said I just thought it was fair to the people of Lincoln who wonder what's going on. Mayor Davis-Kavelman said absolutely. Alderman Neitzel said we just say that on television. Mayor Davis-Kavelman said we wish we could tell everyone what's going on but we can't. Alderman Neitzel said I know but this we can tell them.
Alderman Prather made a motion to adjourn 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.
The City Council Meeting was adjourned at 7:47 p.m.
Respectfully Submitted By:
Risa Riggs
Recording Secretary
City of Lincoln