The regular City Council meeting of Monday, April 21, 2008 was called to order by Mayor Gary W. Manier in the meeting room at the Library at 6:30 p.m.

Present for Roll Call were Aldermen Todd Clanin, Amanda Shipp, Dave Dingledine, Jim Newman, Al Howerter, Don Brubaker, Jim Gee and Bob Brucks.

Also present was City Attorney Kenneth L. Black, City Administrator Bob Morris, City Engineer Ken Newman, Controller Joanie Baxter, Chief of Police Jim Kuchenbecker, P&D Director Jon Oliphant, City Treasurer Bob Gordon, Public Services Manager Bill Bimrose, and City Clerk Carol Moss, Jai Windish. Verna and Vern Smith, Police Officer April Williamson and family, and numerous members of the City of Washington Police Department and Auxiliary, Christy and Pat Webb and members of the press.

Following Roll Call those present stood for the Pledge of Allegiance.

The Agenda was reviewed and Mayor Manier asked that Item V, Mayor, be moved to follow Item XII, Staff Reports. The remainder of the Agenda stood as presented.

Alderman Brucks moved and Alderman Shipp seconded to approve the Consent Agenda of April 21, 2008, as presented. The Consent Agenda included minutes of the April 7, 2008 Council meeting, Bills & Payroll in the amount of $666,726.84, a proclamation proclaiming May 1, 2008 as National Day of Prayer, a proclamation proclaiming the month of May as Motorcycle Awareness Month, and approval of TIF #2 subsidy pay request in the amount of $16, 322 to Tom and Judy Gross for exterior renovations to the Denhart Baking building. 
On roll call the vote was: 
Ayes: 8 Clanin, Brubaker, Dingledine, Howerter, Newman, Gee, Shipp, Brucks 
Nays: 0 
Motion declared carried.

City Clerk Moss administered to Oath of Office to April Williamson, the newest member of the City of Washington Police Department.

Chief of Police Kuchenbecker presented a plaque to retired Auxiliary Captain Vern Smith acknowledging his twenty-eight years plus service to the City of Washington Police Department. Vern stated that he served with five different Chiefs of Police, he has worked with a lot of good people and he is going to miss it all.

Audience Comments - Christy Webb, Owner of Christy's Place, spoke regarding issuance of a Beer Garden license. She stated that about three weeks ago she called City Clerk Moss and asked if she should include her $100.00 Class J license fee along with the renewal of her Class A-2 license fee. She was told that there currently was not a Class J license classification and when she inquired of where all of this stood she was transferred to City Administrator Morris. Morris told her that the ordinance adding a beer garden license classification was still in the draft stages, and that she could not sell alcohol outside. She went on to say that her business has taken quite a hit and she needs that J license in order to open the beer garden. Customers are currently going out onto the deck to smoke and they are taking their drinks with them. This afternoon the Chief of Police came out to their business in regards to alcohol being allowed on the deck, and she said that no one should be approached the way her husband was approached. Every day that she does not have the J license she is losing money, consequently the City is losing money. She went on to say that the City needs to understand how important this license is to her and to her business, and that she expects something to be done about this matter.

City Administrator Morris replied that many months ago he communicated with Mrs. Webb and cautioned her against building the deck because there were serious reservations that her business would even qualify for a beer garden license. It was her choice to go ahead with the construction of the deck. Webb replied that this is the first she has heard that her establishment might not qualify and Morris said that he still has the correspondence that was sent to Webb as well as the aldermen. He said that the ordinance states that the beer garden has to be viewable from three sides. Webb stated that her deck is viewable. Morris asked if there is a service road around the deck and she replied there is. Morris asked if this is something that has just been put in and Webb replied it is not it has been there for 30 years or more. She was referring to the access to the Spurgeon Water Treatment Plant behind the building. Webb stated that it is odd that this is the first that she is hearing about this matter, and Morris reiterated that the concerns were brought to the Webbs' attention prior to their constructing the deck. Webb stated that in their phone conversation Morris told her that patrons could have alcohol on the deck. Morris denied telling her this and said that from now on all correspondence will be done in writing. Morris went on to say that even smoking may not be allowed on the deck where employees will be working. Webb asked if this is state or federal rule and went on to say that it has not been determined that smoking will not be allowed outside. Morris indicated that two independent attorneys have agreed that outside decks are considered places of employment and smoking is prohibited in places of employment. Webb said that she will do what she is told and what the law says. Morris asked Webb if she knows that smoking in her establishment is prohibited and Webb answered she is aware of that. Webb said that she believes that she has been unfairly treated in this matter and Morris replied that she has been treated like all of the other license holders. Webb said that the J license should have been to her a long time ago, she deserves the license so she can do the right thing. She stated that she needs that license. She asked when she could expect something on this and Morris replied that copies of the draft ordinance will be distributed to licensees, the ordinance will then come before the Council on May 5 as a first reading and on May 19 as a second reading and for action. Webb said then she needs to cancel everything that she has planned. Morris said that he has no idea what she has planned, but reiterated that she was sent a very precautionary e-mail cautioning her on proceeding with the construction of the deck, letting her know that the deck might not meet criteria for a beer garden, and that smoking might not be allowed because the business is a place of employment.

Webb ended her comments by telling Morris and the Council that they should just go ahead and do exactly what has been done for years.

Donna Hoskins, representing A.B.A.T.E., a Brotherhood Aimed Toward Education, arrived at the meeting and Mayor Manier presented her with a signed Proclamation proclaiming May as Motorcycle Awareness Month

A Resolution for participation in the State of Illinois Federal Surplus Property Program was read, by title only, by City Attorney Black. Alderman Dingledine moved and Alderman Howerter seconded to adopt the resolution as read. Alderman Howerter pointed out that he has been in this program for quite awhile and there is a lot of good surplus property out there, and there is also some junk. Purchases have to be made quickly because the good items do not last. 
On roll call the vote was: 
Ayes: 8 Brubaker, Brucks, Clanin, Gee, Newman, Shipp, Howerter, Dingledine 
Nays: 0 
Motion declared carried.

City Attorney Black read, by title only, a Resolution declaring one 2001 Ford Crown Victoria Police Interceptor Squad Car as "Surplus Property", Alderman Brubaker moved and Alderman Brucks seconded to adopt the Resolution as read. 
On roll call the vote was: 
Ayes: 8 Shipp, Newman, Howerter, Gee, Dingledine, Clanin, Brucks, Brubaker 
Nays: 0 
Motion declared carried.

City Attorney Black read, by title only, a Resolution supporting the Illinois Transportation Enhancements Program Grant Request. Alderman Howerter moved and Alderman Clanin seconded to adopt the Resolution as read. 
On roll call the vote was: 
Ayes: 8 Newman, Gee, Brucks, Shipp, Brubaker, Dingledine, Clanin, Howerter 
Nays: 0 
Motion declared carried.

City Attorney Black read a resolution, by title only, accepting a flood easement from Margaret S. Roper and William L. Roper, co-trustees of the Margaret S. Roper Trust and William L. Roper, as trustee of the Roy Roper Marital Trust. The easement is necessary for improvements to WWT Plant #2. Alderman Dingledine moved and Alderman Brucks seconded to adopt the resolution as read. 
On roll call the vote was: 
Ayes: 8 Gee, Clanin, Howerter, Shipp, Newman, Brubaker, Brucks, Dingledine 
Nays: 0 
Motion declared carried.

City Attorney Black read, by title only, second reading of an ordinance adopting a budget for corporate purposes for the fiscal year beginning May 1, 2008 and ending April 30, 2009, and approving certain amendments to the FY07-08 Budget. Alderman Gee moved and Alderman Shipp seconded to adopt the ordinance as read. Alderman Gee thanked City Administrator Morris and Controller Baxter for all of the work they have done on this budget, and went on to say that he is very pleased to see that money is being put into capital projects. The Mayor and other Aldermen agreed. 
On roll call the vote was: 
Ayes: 8 Dingledine, Clanin, Brucks, Brubaker, Howerter, Newman, Shipp, Gee 
Nays: 0 
Motion declared carried.

City Attorney Black provided second reading, by title only, of an ordinance authorizing the sale of one 2001 Ford Crown Victoria Police Interceptor squad car declared as "surplus property". Alderman Howerter moved and Alderman Brubaker seconded to adopt the ordinance as read. 
On roll call the vote was: 
Ayes: 8 Brucks, Newman, Dingledine, Gee, Clanin, Shipp, Brubaker, Howerter 
Nays: 0 
Motion declared carried.

Second reading of an ordinance was read, by title only, by City Attorney Black, authorizing the Mayor and City Clerk to enter into an Intergovernmental Agreement with the Washington Volunteer Fire Department and Rescue Squad Inc., for fire protection services and for ambulance and emergency medical services. Alderman Shipp moved and Alderman Brucks seconded to adopt the ordinance as read. 
On roll call the vote was: 
Ayes: 8 Howerter, Gee, Newman, Brubaker, Clanin, Dingledine, Brucks, Shipp 
Nays: 0 
Motion declared carried.

City Attorney Black read, by title only, second reading of an ordinance authorizing the Mayor and City Clerk to enter into an Intergovernmental Agreement with the Washington Volunteer Fire Department and Rescue Squad, Inc., establishing compensation for fire/rescue service and compensation for ambulance service for the fiscal year beginning May 1, 2008 and ending April 30, 2009. Alderman Brubaker moved and Alderman Clanin seconded to adopt the ordinance as read. 
On roll call the vote was: 
Ayes: 8 Gee, Howerter, Dingledine, Newman, Brucks, Shipp, Clanin, Brubaker 
Nays: 0 
Motion declared carried.

City Attorney Black provided second reading, by title only, of an ordinance authorizing the Mayor and City Clerk to enter into an Intergovernmental Agreement for ambulance and fire suppression services with the Washington Volunteer Fire Department and Rescue Squad, Inc., Northern Tazewell Fire Protection District and Northern Tazewell Fire and Rescue Squad. Alderman Howerter moved and Alderman Brucks seconded to adopt the ordinance as read. 
On roll call the vote was: 
Ayes: 8 Brubaker, Clanin, Shipp, Newman, Dingledine, Gee, Brucks, Howerter 
Nays: 0 
Motion declared carried.

City Attorney Black provided first readings of an ordinance establishing compensation for the Mayor, Aldermen, City Clerk and City Treasurer of the City of Washington, Tazewell County, Illinois, effective May 1, 2009; an ordinance amending the Code of Ordinances of the City of Washington, Illinois by amending Section 117.003 of Chapter 117 entitled "Motel Tax"; and an ordinance amending the Personnel Manual of the City of Washington, Tazewell County, Illinois regarding compensatory time. All three ordinances will be presented for second reading and for action on the May 5, 2008 City Council agenda.

City Administrator Morris requested Council approval of the FY08-09 Pay Plan as stated on a memo dated April 21, 2008. Approval will be effective May 1, 2008. Alderman Clanin moved and Alderman Brubaker seconded. 
On roll call the vote was: 
Ayes: 8 Brucks, Newman, Howerter, Dingledine, Shipp, Gee, Brubaker, Clanin 
Nays: 0 
Motion declared carried.

City Administrator Morris requested Council approval to purchase a 2008 Chevy Trailblazer from Uftring's for the Public Services Manager at a cost of $19,987.00. By purchasing a SUV it can also be used by the Police Department during snow emergencies. Alderman Howerter moved and Alderman Brubaker seconded to authorize the purchase as requested. 
On roll call the vote was: 
Ayes: 8 Shipp, Newman, Gee, Dingledine, Clanin, Brucks, Brubaker, Howerter 
Nays: 0 
Motion declared carried.

City Engineer Newman requested Council authorization to enter into a contract with Foth Infrastructure & Environmental LLC for design engineering services for reaction basin replacement at Water Treatment Plant #1 in an amount of $19,750.00. Alderman Dingledine moved and Alderman Brucks seconded to authorize entering into the contract as requested. 
On roll call the vote was: 
Ayes: 8 Clanin, Gee, Howerter, Newman, Shipp, Brubaker, Brucks, Dingledine 
Nays: 0 
Motion declared carried.

City Engineer Newman requested Council to award the bid for the 2008 spray patching to Midwest Asphalt Repair Inc., in an amount of $64,700.00, the bid for seal coat to R.A. Cullinan Inc. in the amount of $177,762.90 and the bid for mill and overlay to R.A. Cullinan Inc., in the amount of $199,942.70. He also requested that the Mayor and City Clerk be directed to execute the contract documents and that the Illinois Department of Transportation, Bureau of Local Roads be requested to concur with the bid awards. Alderman Brucks moved and Alderman Howerter seconded to award the bids as requested, that the Mayor and Clerk be directed to sign contract documents and that IDOT Bureau of Roads be requested to concur with the bid awards. 
On roll call the vote was: 
Ayes: 8 Dingledine, Clanin, Brubaker, Gee, Newman, Shipp, Howerter, Brucks 
Nays: 0 
Motion declared carried.

Mayor Manier read a letter from Alderman Amanda Shipp resigning as Ward IV Alderman effective April 21, 2008. Mayor Manier accepted the resignation and presented a plaque to Alderman Shipp recognizing her service to the City of Washington. Alderman Shipp stated that she regrets leaving Washington and the Council which was not in her plans a year ago when she ran for alderman. Her fiancé is located in Indianapolis and she will be moving there the beginning of May.

Mayor Manier thanked Public Services Manager Bimrose and the Public Services crew for the recent work done to the bank of the creek that flows under Candlewood Bridge. The bridge is on the National Historic Register but because of the brush and trees it was not really visible, and Mayor Manier desired an area from which the bridge could be seen. The Public Services crew cleared the area of brush and trees and worked the bank down and sowed grass, which now makes a very nice area for citizens to get a good look at the beautiful architecture of the old bridge.

Aldermen's Comments - Alderman Brubaker said that it is his opinion that there is a need, someplace in the City, for skate boarding. Mayor Manier agreed and said maybe there can be discussion with the park district about this.

At 7:42 p.m. Alderman Newman moved and Alderman Brucks seconded to move into Executive Session for the purpose of discussing the purchase or lease of real property for the use of the public body per 5ILCS 120/2(c)(5) of the Illinois Open Meetings Act, and for the purpose of deliberations concerning the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body per 5ILCS 120/2(c)(1) of the Illinois Open Meetings Act. 
On roll call the vote was: 
Ayes: 8 Howerter, Gee, Clanin, Dingledine, Shipp, Brubaker, Brucks, Newman 
Nays: 0 
Motion declared carried.

Mayor Manier stated that the Executive Session will convene immediately after photographs are taken of city officials.

At 9:09 p.m. the Council returned to open session and Alderman Brubaker moved and Alderman Shipp seconded to adjourn. Motion carried unanimously by voice vote.