Council Meeting October 12, 2009

Council Chambers:

ROLL CALL: The City Council of Lincoln Center convened in regular session at 7:30 p.m. with Mayor Glenn M. Stegman presiding. Councilmembers present: D. Leon Kingan, Gwen Knight, Joel Mahin, and Arletta R. Morse. Councilmember absent: Jack D. Crispin, Jr. Officials present: Clerk Rose M. Gourley, Attorney Daniel D. Metz. Also present: Superintendent Jesse C. Meyer.

VISITORS: Others in attendance for all or portions of the meeting: Steven McReynolds, Chadd Blackwood, Mark Johnson, and Dawn Harlow.

MINUTES: Minutes of the September 14, 2009, regular meeting were approved as written.

PAYROLL VOUCHER: Payroll Voucher No. 09-09, for September wages and salaries in the amount of $50,930.50 was presented. A motion by Mahin, seconded by Morse, to approve said Payroll Voucher, carried.

ACCOUNTS PAYABLE: Accounts Payable lists were reviewed. Invoices prepaid in September totaled $448.34. Unpaid invoices received to date totaled $135,320.09. Upon motion by Morse, seconded by Mahin, all invoices in the amount of $135,768.43 were approved for payment.

DELINQ. ACCNTS: The Governing Body reviewed a list of eleven delinquent utility accounts totaling $2,329.39.

NHRV PLAN: Lincoln County Clerk Dawn Harlow pointed out that the City’s current Neighborhood Revitalization Plan had some areas which needed to be addressed. In particular, Part 6 (C) of the Plan provided that “attached” garages were not eligible for rebate. This was a deviation from previous City NHRV Plans, and separation of values for attached garages was problematic. Another deviation was in the Interlocal Agreement. It had been previously determined by all parties that the administration of the Plan was more efficient when handled at the County level. The City’s current Plan provided for administration back at the City level. Clerk Gourley advised these provisions had been inadvertently inserted in the Plan, and the City’s intent, in these two particular areas, was to continue the same provisions existing in the previous Plan. There followed a motion by Mahin, seconded by Morse, that the City’s Neighborhood Revitalization Plan and Interlocal Agreement be amended to reflect the two “technicalities” noted. Motion carried. Another problem Clerk Harlow reported was that the “Attachment B” Listing of Owners of Record in the Neighborhood Revitalization Area referred to the information being available from the Lincoln County Appraiser. The programs used in the Lincoln County Appraiser’s office at the present time did not keep historical value changes, making this a difficult task for them. No solution to this problem was readily apparent.

County Clerk Harlow advised the Lincoln County Commissioners had approved the purchase of Neighborhood Revitalization software. Lincoln County was prepared to bear the initial cost of the software, implementation and training fees. She asked the City, however, to consider assisting with the annual support/maintenance cost. Her suggestion was that the City of Lincoln Center contribute a 35% share of the annual maintenance charges. Mahin moved to pay 35% of the annual maintenance, as suggested, seconded by Morse. Motion carried. (The City’s share this year would be $350.00.)

HEAVY EQUIPMENT: Chadd Blackwood, Murphy Tractor & Equipment Co. and Mark A. Johnson, Sellers Equipment, presented proposals for a new loader for the City. Each was given an opportunity to elaborate on their written proposals and to explain the various options available. Dave Divilbiss, The Victor L. Phillips Co., was unable to be present but had also provided a written proposal for a new Case loader. In addition to the loader options, Murphy Tractor also quoted a new John Deere motor grader and an almost new John Deere backhoe, and Sellers quoted a new JCB backhoe. Mayor Stegman and Superintendent Meyer provided comments regarding the equipment they had been able to view or operate and made recommendations for optional equipment. Questions from the Council were fielded by both sales representatives. Warranty and resale issues were considered. Following further discussion, Mahin moved to purchase a new 2009 John Deere 444K Loader with factory, dealer and “buy back” options included for $97,000.00, and to purchase a new 2009 John Deere 670G Motor Grader for $151,000.00 from Murphy Tractor & Equipment Co. Motion seconded by Knight, carried. The backhoe purchase was tabled.

Council Meeting Minutes – October 12, 2009 – Page 2

HEALTH REIMB. ARR.: Upon motion by Morse, seconded by Mahin, the City of Lincoln Center Health Reimbursement Arrangement, effective August 1, 2009, was approved and adopted and City Clerk Gourley was authorized to sign all associated documents. Included in those documents were the Certificate of Adopting Resolution, Adoption Agreement for Health Reimbursement Arrangement, and the Plan Sponsor Certification.

WATER WELL PROJECT: City Attorney Metz had received a corrected easement description for the Lincoln Well Field from Stuart Porter, Schwab-Eaton Project Engineer. He therefore had prepared a “CORRECTION ADDENDUM TO RESOLUTION NO. 09-06” and a “CORRECTION ADDENDUM TO LEASE INCLUDING GRANTS OF PERMANENT AND TEMPORARY EASEMENTS AND OPTION TO PURCHASE,” to incorporate the corrected legal description of the property leased from John Gabelmann. Upon motion by Knight, seconded by Mahin, the Mayor and Clerk were authorized to execute both Correction Addendums.

POWER PLANT: It was noted that Sunflower Electric was to make a site visit to the Lincoln Power Plant on Tuesday, and Ted Bunn was continuing work on the engines.

PERSONNEL: The resignation of Maintenance Worker Cody Rathbun, effective October 1, 2009, was noted. Due to the lighter winter work load, Superintendent Meyer suggested the position be left open until spring.

NUISANCES: The Abatement of Nuisances Report was reviewed. City Attorney Metz reported five nuisance cases had been filed in Municipal Court, one of which pre-dated the notices on the report.

ADJOURN: There being no further business, Mahin moved to adjourn. Motion seconded by Knight, carried. Council adjourned at 9:30 p.m.

/s/ Rose M. Gourley

City Clerk