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News Title June 4, 2013 Minutes

City of Litchfield
Regular City Council Meeting Minutes
June 4, 2013

Mayor Steven Dougherty called the regular meeting to order on June 4, 2013 at 6 p.m. the Pledge of allegiance was recited. Present on roll call vote were Dwayne Gerl, Marilyn Sisson, Dave Hollo, Harold Ellinger, Bob Ostendorf, Tim Hancock, Woodrow Street and Ray Kellenberger

Appointment:
Mayor Dougherty made a motion seconded by Alderman Hancock to appoint Denise Meier Lueker and Brian Hollo to Fire Pension Board. Terms to expire May, 2016.
The Mayor called for a voice vote, motion carried.

Correspondence:
Declaration of Property Interest, Alderman Robert Ostendorf
Declaration of Property Interest Mayor Steven Dougherty.

Consent Agenda:
Alderman Street made a motion seconded by Alderman Ellinger to approve the following items on the consent agenda:
• Reading of Minutes
• Report of Departments and City Clerk
• Authorization to Transfer Funds and to Pay Bills
• A motion to approve the Downtown Façade Grant application submitted by Richard Blatter for the property located at 219 West Union for an amount not to exceed $2,500 contingent upon the Building Department granting final approval of materials used and work completed and to authorize the City Clerk to issue a check.
• A motion to approve the purchase of a shaft mounted speed reducer from Illinois electric Works for $5,907.60, plus shipping, for the Oxidation Ditch at the Wastewater Treatment Facility.
• A motion to approve an Ordinance Establishing Prevailing Wage Rates as required by the State of Illinois. (2nd Reading)
The Mayor directed a roll call vote to approve the items on the consent agenda.
Aye: Alderman Gerl, Sisson, Hollo, Ellinger, Ostendorf, Hancock, Street, Kellenberger
Nay: None
Motion carried.

Old Business:

Mayor Dougherty made a motion seconded by Alderman Hollo to award a contract for electrical services in Library Park to install permanent receptacles for vendor use on the south side of the Park not to exceed $19,903.00. Alderman Hollo advised the Council that 7 Companies were asked to bid but only one bid was submitted.
The Mayor directed a voice vote, motion carried.

Mayor Dougherty made a motion seconded by Alderman Street to accept the Plan Commission’s Report of Advisory Findings and Recommendations from the Public Hearing on the matter of Latter Rain Ministries, Inc.
The Mayor directed a voice vote, motion carried.

Mayor Dougherty made a motion seconded by Alderman Hollo to amend the City of Litchfield’s Zoning Ordinance #2831, Appendix B, Schedule of Permitted Uses and Accessory Uses, Prohibited Uses, Special Uses under C-2 General Commercial Zoning District, Special Use column and insert: “Commercial, Private or Public, Education, Training and Conference Facility
The Mayor directed a roll call vote.
Aye: Alderman Sisson, Gerl, Hollo, Ellinger, Ostendorf, Hancock, Street, and Kellenberger
Nay: None
Motion carried.

Mayor Dougherty made a motion seconded by Alderman Gerl to amend the City of Litchfield Zoning Ordinance #2831, Section 150.007, Definitions to include “Commercial, Private or Public, Education, Training and Conference Facility”. (Full definition attached)
The Mayor directed a roll call vote.
Aye: Alderman Sisson, Gerl, Hollo, Ellinger, Ostendorf, Hancock, Street, and Kellenberger
Nay: None
Motion carried

Mayor Dougherty made a motion seconded by Alderman Hancock to approve final construction payment #7 in the amount of $12,724.15 to Korte & Luitjohan, Inc., contingent upon completion of punchlist items and receipt of close out documentation.
The Mayor directed a voice vote, motion carried.

Alderman Hancock made a motion seconded by Alderman Gerl to table until the next Council meeting any discussion with possible motion regarding Equestrian Campground Bid documents.
The Mayor directed a voice vote, motion carried.

Mayor Dougherty made a motion seconded by Alderman Gerl to extend contract date with Haier Plumbing and Heating to July 1, 2013 to complete Water Main Replacement connecting Lake Lou Yaeger and the Water Treatment Facility across Ernst Field. Discussion with possible motion regarding Contractor paying for extra engineering work to complete the project.
Property owner Harvey Ernst spoke. He feels as if he has been uninformed on the project and advised Council the contractor was going out of the easement limits. CMT Labelle responded to questions regarding the project and advised he had been informing Paul Ernst. The Council discussed the easement violation and the subsequent damage to the Ernst drainage tile. Mayor Dougherty advised Mr. Ernst that he would address all his concerns and questions regarding the project. City Attorney Hantla advised the contractor is responsible for damage outside of the easement. Questions were posed to CMT by Council regarding who is responsible for their extra engineering charges due to the contractor errors. Attorney Hanta stated again, contractor liable for all damages.
Mayor Dougherty directed a voice vote, motion carried.

New Business:

Mayor Dougherty made a motion seconded by Alderman Ostendorf 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 Hollo, Ostendorf, Hancock, Street and Kellenberger
Nay: Alderman Sisson, Gerl and Ellinger
Motion carried.

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

Mayor Dougherty made a motion seconded by Alderman Hancock to approve a wage scale of minimum wage to $11.00 per hour for Lake part-time employees and to allow the Lake Superintendent to set individual wages based on years of service and evaluations.
Alderman Ellinger asked to amend to motion to give a 3% raise to returning employees and all new employees would receive minimum wage. Alderman Hollo seconded the amendment Department Head Cadwell stated he would like the flexibility to change salaries every year. Council agreed that Cadwell should come to ask Council every year for any increases.
Mayor Dougherty asked for a voice vote to amend the motion as stated above, motion carried.
Mayor Dougherty then asked for a voice vote on the motion as amended which approved a 3% raise for returning Lake Employees and minimum wage for new employees. Motion carried.

Mayor Dougherty made a motion seconded by Alderman Gerl to change the Finance Meetings and the City Council Meetings to 7:00 p.m. each month. Alderman Hancock seconded by Alderman Sisson asked to amend the motion to read 6 p.m. council meetings and 7 p.m. committee meetings.
The Mayor directed a roll call vote.
Aye: Alderman Gerl, Sisson, Ellinger and Hancock
Nay: Alderman Hollo, Ostendorf, Street and Kellenberger
Mayor Dougherty abstained, motion failed.
Alderman Street then made a motion to amend the original motion to start meetings, the committee and council, at 6:30 p.m. Alderman Ostendorf seconded the amendment
The Mayor directed a voice vote to amend the motion to 6:30 pm meeting times, motion carried.
The Mayor directed a voice vote on the motion as amended, motion carried.

Mayor Dougherty made a motion seconded by Alderman Hancock to approve an Ordinance Establishing a Firemen’s Pension Fund for the City of Litchfield, Illinois. (1st Reading) Alderman Hancock, seconded by Alderman Ellinger asked to amend the motion to read “amend the Ordinance pertaining to the Fire Pension Fund”.
The Mayor directed a voice vote to amend the motion, motion carried.

The Mayor directed a voice vote on the original motion as amended, motion carried.


Executive Session

Alderman Ellinger seconded by Alderman Hancock made a motion to enter into executive session, as allowed under the Illinois Open Meetings Act, as found in Chapter 5 of the Illinois Compiled Statutes, Section 120, to address these certain and restricted items:

“The appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body…” (5ILCS 120/2(2)(C)(1).
The Mayor directed a roll call vote to enter into executive session.
Aye: Alderman Gerl, Sisson, Hollo, Ellinger, Ostendorf, Hancock Street, and Kellenberger
Nay: None
Motion carried.
Executive session was entered into at 7 p.m.

New Business:

Mayor Dougherty called the regular meeting back in session at 7:55 p.m.

Public Participation Applicant Comments:

Affordable Gas & Electric explained their service and asked to be on the next Council agenda
Ken Nimmons spoke regarding the importance of the City Administrator position

Alderman Hancock made a motion seconded by Alderman Ostendorf to direct the City Clerk to begin the process of advertising for the position of City Administrator with the City
Mayor directed a roll call vote.
Aye: Alderman Gerl, Sisson, Ellinger, Ostendorf, Hancock and Kellenberger
Nay: Alderman Hollo and Street
Motion carried.

Alderman Hancock made a motion seconded by Alderman Ellinger to adjourn the regular meeting
The Mayor directed a voice vote, motion carried.
The Regular meeting of the Litchfield City Council adjourned at 8 p.m.

Attest: Approved:




Denise M. Lueker Steven F. Dougherty
City Clerk Mayor