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News Title November 6, 2012

City of Litchfield
Regular Meeting Minutes
November 6, 2012


Mayor Thomas F. Jones called the Regular Meeting to order on November 6, 2012 at 6:00 p.m. The Pledge of Allegiance was recited. Present on roll call were Dwayne Gerl, Marilyn Sisson, , Harold Ellinger, Dave Hollo, Tim Hancock, Gary Law, Gene Cailey and Woodrow Street.

Public Participation Applicant Comments:
Four citizens signed up to address the Council
Nancy Hyam representing Holiday Inn Express. She discussed the Tourism Tax
Christa McGraw representing Hampton Inn. She discussed the Tourism Tax
Gary Brandt spoke regarding the annexation procedures followed for the Lake
Residents.
Kent Hoppe signed up to address the Council but did not show up.
In regards to the Lake annexation, City Administrator Ritchie read the Lake Lease agreements between the City and Lease holder regarding annexation. Attorney K. Hantla advised that the proper procedures were followed per statute..

Alderman Ellinger requested the following items be removed from the consent agenda.
Item 2consent to become Old Business 7
Item 3 consent to become Old Business 8
Alderman Street addressed his concerns with the Video Gaming Act Ordinance which was on the consent agenda. He did not ask for the item to be removed.
Dave Kitzmiller addressed the Council on the Belt press item on the consent agenda. Approximately $25,000 was saved on this project.

Alderman Cailey made a motion seconded by Alderman Street to approve the following items on the consent agenda.

Consent Agenda:

• Reading of Minutes
• Report of Departments and City Clerk
• Authorization to Transfer Funds and to Pay Bills
• A motion to approve an Ordinance for Subdivision Regulations for the City of Litchfield which would replace Ordinance Number 2515. (2nd Reading)
• A motion to approve the Montgomery County Animal Control contract with approval for the Mayor to sign agreement.
• A motion to approve a Water Line Service Agreement between the City and Ray and Janice Kellenberger and to authorize the Mayor to sign such Agreement. Additionally, notarized copies of these easements must then be supplied to the City stating that appropriate measures have been taken to completely restrict future access to Mr.Kellenberger’s water service line by others.
• A motion to approve an Ordinance to set the terms and conditions of the Video Gaming Act for the City of Litchfield as adopted by the State of Illinois as outlined in The Video Gaming Act 230 ILCS 40. (1st Reading)
• A motion to approve the Downtown Facade Grant application submitted by Cindi Keeton, for the property located at 201 North State Street for an amount not to exceed $2,500 contingent upon completed application and the Building Department granting final approval of materials used and work completed.
• A motion to direct the Mayor to sign a contract with Laker Petroleum Services of Taylorville to remove a pre 1974 underground storage tank found during a sidewalk replacement program of the Streetscape II for not to exceed $5,000.
• A motion to approve the purchase of two walk in doors at the central station for the sum of $3,800 from Litchfield United Builders, Inc., to replace two existing 3’ X 7’ entry doors.
• A motion to approve an Ordinance declaring Reserve Engine 807, a 1974 Seagraves Pumper Serial #D73342, as surplus property and direct that it be sold at “as is condition” under sealed bid to the highest bidder. (1st Reading)
• A motion to approve the construction of a cabin which will be located at Picnic Area #5, at Lake Lou Yaeger at a cost of $6,000.
• A motion to waive the building permit fee for the new Walton Park Pavilion.
• A motion to approve the purchase of an overhead door for the lake maintenance shed from RP Lumber for a price not to exceed $1,045.95 and to authorize the City Clerk to issue the check.
• A motion to authorize CMT to perform the annual inspection of the Lake Yaeger Dam on a time and expense basis for a price not to exceed $4,200.
• A motion to authorize CMT perform the annual inspection of the Litchfield Lake Dam on time and expense basis for a price not to exceed $3,800.
• A motion to establish a change order board composed of the Mayor, the Alderman in Liaison for the lake (Gary Law), and the City Administrator to approve recommending any changes to the Lake Yaeger Drawdown Gate. The levels of authority required for change order reviews will be as follows: (0-$1,000 – 1 Official’s Approval; $1,001- $3,000 – 2 Officials’ approval, $3,001-$5,000 – 3 Officials’ Approval and $5,001 and above-City Council.
• A motion to approve purchasing a 1993 Ford F250 Truck and the 2000 Trantex Palletized Pavement Marker from the Montgomery County Highway Department for a price of $3,450 and to authorize the City Clerk to issue the check.
• A motion to approve the purchase of two rear tires for the Street Department’s Case Backhoe from Neal Tire for the amount of $1,775.25 and to authorize the City Clerk to issue the check.
• A motion to approve pay request #2 in the amount of $54,393.81 to Baxmeyer Construction Inc., for work completed on the Tyler Avenue Water Main and to authorize the City Clerk to issue the check.
• A motion to approve the replacement of 7 walk-in steel doors and frames, at the Wastewater Treatment Facility from Commercial Door and Hardware Service for a cost of $17,119.39 and to authorize the City Clerk to issue a check for 50% ($8,559.69) upon placing the order and a check for $8,559.70 upon completion.
• A motion to approve the replacement of two 20 KW, explosion proof heaters in the Belt Press Building, at the Wastewater Treatment Facility from A&D Electrical Supply for $7,894.80, plus shipping and to authorize the City Clerk to issue the check.
The Mayor directed a roll call vote on the consent agenda.
Aye: Alderman Sisson, Gerl, Ellinger, Hollo, Hancock, Law, Cailey and Street
Nay: None
Motion carried.

Old Business:

Discussion of a building analysis report provided by CMT on the structural integrity of the Buzzard’s Roost Building located at 109 West Ryder Street followed by possible action that once the property is acquired, to demolish the property for a price not to exceed $25,000 and to proceed with the demolition process of the property. Attorney K. Hantla does not believe the owner of the property has the money to fix up the property if the City pursues legal action against him. The building is unsafe and several avenues have been pursued to get the building repaired. Building Inspector Wright stated the usual procedure is to demo the building then put a lien on the property. The City rarely recovers the money on a lien. He recommends the City acquire buy the property . Attorney Hantla advised if we have the property in the City name the city has the obligation to keep it safe. Alderman Hancock advised he would like to see the demoliation project funded by the TIF fund. Alderman Ellinger recommended we table the motion until next meeting. Police Chief Wilkinson was called upon to give his assessment of the building. He advised Council the building is unsafe and with the upcoming weather it will get a lot worse.
Alderman Cailey made a motion seconded by Alderman Sisson that the City of Litchfield acquire the property at 109 West Ryder if the County will release all tax liens
The Mayor directed a voice vote, motion carried.

Alderman Law made a motion seconded by Alderman Hancock that we raise the Hotel Operator’s Occupation Tax 1% with ½ of the 1% going to the Route 66 Museum and Welcome Center for a period of 5 years.
Discussion was held regarding the communications with the Hotels affected by the tax, the Tourism Advisory Committee meeting schedule and role in the Tourism Department. Alderman Law asked that the tax be done as soon as possible so the museum can get up and running. Economic Development director Flannery advised that per statute we can not just give the museum the funds, it has to be a reimbursable expense. Alderman Hancock clarified with Museum President Martha Jackson that no funds given by the City are to be used for construction cost of the building.
Alderman Hancock, seconded by Alderman Law, asked to amend the original motion to approve $20,000 now in reimbursable expense to the Route 66 Museum and Welcome Center and implement the ½ of 1% tax on May 1, 2013 to be used for qualified purchases only.
Mayor Jones asked for a roll call vote to amend the original motion
Aye: Alderman Gerl, Hollo, Hancock, Law, Cailey, and Street
Nay: Alderman Sisson and Ellinger
Motion to amend the motion carried.
The Mayor then directed a vote on the motion as amended which states the Route 66 Museum and Welcome Center will provide reimbursable expenses up to $20,000 this year and will obtain ½ of the 1% raise in the Hotel Tax for a period of 4 years starting on May 1, 2013.
Aye: Aldermn Sisson, Gerl, Hollo, Hancock, Law, Cailey, Street
Nay: Alderman Ellinger
Motion Carried.

Alderman Cailey made a motion seconded by Alderman Hancock to recommend a change order for a contract time extension of 3 weeks from December 5, 2012 to December 26, 2012.
The Mayor directed a voice vote, motion carried.

CMT Engineer Ted LaBelle to provided additional information for a Change Order request for additional programming on the computers for the plant operation.
LaBelle recommends a $5000 change order be approved now so the project can begin as programming changes are needed. These changes were not included in the orginal bid but now they are required by the EPA. This is chargeable to the EPA loan. Alderman Hancock expressed his displeasure with receiving important documents from CMT just prior to the meetings leaving the Council with no time to study the information. Labelle apologized and explained the reason for the delay. Alderman Law made a motion seconded by Alderman Hollo to approve the change order for $5000 for additional programming on the computers for the plant operation.
The Mayor directed a voice vote, motion carried.

Alderman Cailey made a motion seconded by Alderman Law to reject all bids received at the October 31st bid opening for the removal of the sludge from the east lagoon with an alternate bid for cleaning of the west lagoon and receive new bids for the December Council meeting.
The Mayor directed a voice vote, motion carried.

Alderman Cailey made a motion seconded by Alderman Hancock to approve pay request #1 in the amount of $52,940 to KRB Excavation, Inc., for work completed with the Municipal Stormwater Management Improvements and to authorize the City Clerk to issue the check.
The Mayor directed a roll call vote.
Aye: Alderman Sisson, Gerl, Ellinger, Hollo, Hancock, Law, Cailey and Street
Nay: None
Motion carried.

Alderman Cailey made a motion seconded by Alderman Law to approve an Ordinance Annexing Territory into the City of Litchfield, Montgomery County, Illinois. (2nd Reading)
The Mayor directed a roll call vote.
Aye: Alderman Hollo, Law, Cailey, and Street
Nay: Alderman Sisson, Gerl, Ellinger and Hancock
The Mayor was called upon to vote to break the tie, he voted aye, Motion Carried.

Alderman Cailey made a motion seconded by Alderman Law to approve an Ordinance Annexing Territory into the City of Litchfield, Montgomery County, Illinois. (1st Reading)
The Mayor directed a roll call vote,
Aye: Alderman Sisson, Hollo, Law, Cailey and Street
Nay: Alderman Gerl, Ellinger and Hancock
Motion carried.

New Business:

Tom Franzen of Scheller Insurance addressed the Council regarding insurance and risk management considerations with action to follow approving renewals of property/inland marine insurance, casualty coverage insurance and workers compensation insurance.
Alderman Law made a motion seconded by Alderman Cailey to approve the renewals of the insurance.
The Mayor directed a voice vote, motion carried.

Alderman Ellinger seconded by Alderman Law voted to table a motion until the December Council meeting to approve bids for the purchase of 314 South Brown, 336 South Douglas, 338 South Douglas and 704 East Columbia due to lack of adequate time of notice for bids.
The Mayor directed a voice vote, motion carried.

Executive session was cancelled. With no further business, Alderman Ellinger made a motion seconded by Alderman Gerl to adjourn the Regular meeting. The Mayor directed a voice vote, motion carried. The meeting adjourned at 7:35 p.m.

Attest: Approve




Denise M. Lueker Thomas F. Jones
City Clerk Mayor