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News Title March 1, 2011

City of Litchfield
City Council
Minutes of Regular Meeting
March 1, 1011


Mayor Thomas F. Jones called the Regular Meeting to order on March 1, 2011 at 7:00 p.m. The pledge of allegiance was recited. Present on roll call vote were Gary Wise, Marilyn Sisson, Pat Timmons, Harold Ellinger, Gary Law, Bob Ostendorf, Bill Dees and Gene Cailey.

Mayor Jones asked for a motion to approve the appointments of Brian Hollo to fill the unexpired term on the Police Pension Board and the appointment of Terry Plummer to fill the unexpired term on the Police and Fire Commission.
Alderman Ellinger made the motion, seconded by Alderman Timmons.
The Mayor called for a voice vote, motion carried on the appointments.

Alderman Sisson asked to be recognized and wanted to thank Ambulance personnel, Curt Glover and Chris Handshy on the excellent work they did when her neighbour called for the ambulance.

Alderman Dees seconded by Alderman Law made a motion to accept 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

Other Items as Assigned:

A motion to approve an ordinance declaring certain dive equipment as surplus and allow that surplus equipment to be traded in for new equipment. (2nd Reading)
A motion to approve an Ordinance Annexing Real Estate into the City of Litchfield, Montgomery County, Illinois, contingent upon property being purchased by Mike and Marijane Zimmerman. (2nd Reading)
A motion to approve a Resolution of Support for Environmental Site Remediation of
Contamination Located in the Village of DePue and Surrounding Areas.
A motion to approve an ordinance annexing a parcel on Yaeger Lake Trail with a legal description being part of the northwest quarter of Section 35 in township 9 north, range 5 west of the third principal meridian in Montgomery County, Illinois. (1st Reading)
A motion to approve an Ordinance amendment to the City Code changing Section 111.39
to change Class E (Restaurant) License Outdoor Selling Requirements. (1st Reading)
A motion to purchase a bumper harness for the CSO pick-up truck from D&S Sales for a
cost of $6,700.
A motion to accept total bid amount of $176,980.03 for Motor Fuel Tax Program and to authorize the Mayor to sign the documents necessary to award the construction contract
in accordance with IDOT requirements.
A motion to approve the bid from Moniger Excavating Co for $184,230.80 for Jackson Street Reconstruction and to authorize the Mayor to sign the documents necessary to award the construction contract in accordance with IDOT requirements.
A motion to authorize the advertisement for bids of water treatment chemicals for the
upcoming year.
A motion to approve the emergency replacement of the automatic bar screen’s braking system and motor at the Wastewater Treatment Facility from Vulcan Industries, Inc., for a cost not to exceed $4,733.63.
A motion to approve payment to Commercial Door and Hardware Service for a cost not to exceed $9,365.55 for the replacement of 5 walk-in, steel doors at the Wastewater
Treatment Plant.

The Mayor directed the City clerk to call a roll call vote:
Aye: Alderman Wise, Sisson, Timmons, Ellinger, Law, Ostendorf, Dees and
Cailey
Nay: None
Motion Carried

Old Business

Alderman Timmons made a motion seconded by Alderman Dees to approve the First Amendment to Agreement for the Treatment of Leachate between the Litchfield Landfill and the City of Litchfield. City Administrator Ritchie requested we approve the document without the word suggested (reference to suggested parameters and suggested surcharges.)
Alderman Timmons, seconded by Alderman Dees made a motion to amend the motion to take out the words suggested in the document.
The Mayor directed a voice vote on the amendment to the original motion, motion carried.
Alderman Ostendorf asked why we are lowering the rates for leachate? Dave Kitzmiller from EMC explained the reductions and if we do not reduce, we will lose contract.
Alderman Timmons made a motion seconded by Alderman Dees to approve the amended motion to approve the first Amendment to Agreement for the Treatment of Leachate between the Litchfield Landfill and the City of Litchfield with the removal of the word suggested.
The Mayor directed a voice vote on the amended motion, motion carried.

Alderman Timmons made a motion to amend Zoning Ordinance #2831 and allow “non-
Commercial recreational uses and clubs” as a permitted special use in a district zoned (C-
2) Community Business.
Before a second could be made, Attorney Hantla asked to speak. An agreement has
been worked out on this property and he would like to request the motion be changed to
read as follows:
A motion to amend Ordinance #2831 to change the zoning to RS for the real estate
located at 402 East Edwards Street, Litchfield, Montgomery County, Illinois, to allow a
non-commercial recreational club subject to reversal back to C-2 in the event the real
estate is transferred, conveyed, or sold. (1st reading)
Attorney Hantla explained this is not for the entire C-2 area; this is only for the owner of
this property.
Alderman Timmons, seconded by Alderman Dees made the above recommended motion.
The Mayor directed a roll call vote:
Aye: Alderman Wise, Sisson, Timmons, Ellinger, Law, Ostendorf, Dees and Cailey
Nay: None
Motion Carried.

Item #3 under Old Business was removed due to the change in motion in Old Business
#2.

Alderman Timmons made a motion, seconded by Alderman Cailey to approve an Intergovernmental Agreement for the Emergency Repair Program with the State of Illinois for the Walton Park Bridge project, contingent upon City Attorney approval.
The Mayor directed a roll call vote:
Aye: Alderman Wise, Sisson, Timmons, Ellinger, Law, Ostendorf Dees, and Cailey
Nay: None
Motion Carried.

Alderman Timmons made a motion seconded by Alderman Cailey to approve an engineering agreement with Crawford, Murphy & Tilly for the Jackson Street Reconstruction project for a cost not to exceed $20,562.
The Mayor directed a roll call vote:
Aye: Alderman Wise, Sisson, Timmons, Ellinger, Law, Ostendorf, Dees, and Cailey
Nay: None
Motion Carried.

Alderman Timmons made a motion seconded by Alderman Dees to approve an engineering agreement with Crawford, Murphy & Tilly for asphalt density testing of the State Street overlay project for a cost not to exceed $2,219.13.
The Mayor directed a voice vote, motion carried.

Alderman Timmons made a motion seconded by Alderman Ellinger to approve an Ordinance Supplementing and Amending the Enterprise Zone Intergovernmental Agreement by and among the County of Montgomery, Illinois, the Cities of Hillsboro, Litchfield, Coffeen, Nokomis and Witt and the Villages of Schram City, Taylor Springs, Coalton, Irving and Raymond, Illinois which is the Montgomery County Enterprise Zone. Contingent up approval of City Attorney (2nd Reading). City Attorney Hantla advised they did not want the unanimous voting procedure which was presented at the last Council meeting regarding this agreement. He spoke with Alan Mayer at DECO and he advised the vote should be majority but not necessarily unanimous. The Montgomery County Enterprise Zone is amending its bylaws to majority control. If majority agrees, the remainder must consent to action.
Alderman Dees, seconded by Alderman Ellinger asked the motion read legal review of City Attorney.
The Mayor directed a voice vote on amending the motion to add legal review of City Attorney, motion carried.

Alderman Dees made a motion seconded by Alderman Ellinger to the amended motion.
The Mayor directed a roll call vote:
Aye: Alderman Wise, Sisson, Timmons, Ellinger, Law, Osttendorf Dees and Cailey
Nay: None
Motion Carried.

The following item was added to New Business

Alderman Timmons made a motion seconded by Alderman Dees to approve a motion to
amend Ordinance #2831 to change the zoning to RS for the real estate located at 402 East
Edwards Street, Litchfield, Montgomery County, Illinois, to allow a non-commercial
recreational club subject to reversal back to C-2 in the event the real estate is transferred,
conveyed, or sold. (2nd reading)
The Mayor directed a roll call vote:
Aye: Alderman Wise, Sisson, Timmons, Ellinger, Law, Dees and Cailey
Nay: Ostendorf
Motion Carried.

City Administrator Ritchie gave an update on the following projects:
Walton Park
Smoke & Fire Detector Program
Membrane Filter
Trip to Washington

Alderman Ellinger made a motion seconded by Alderman Timmons to adjourn the regular meeting.
The Mayor called for a voice vote, motion carried.
The meeting adjourned at 7:30 p.m


Attest: Approved:





Denise M. Lueker Thomas F. Jones
City Clerk Mayor