Lincoln, Illinois
June 1, 2009
Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, June 1, 2009.
Mayor Snyder called the regular City Council Meeting to order at 7:15 p.m. City Clerk Mrs. Martinek called the roll. There were eight Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert) and two absent (Alderman Busby and Alderman Turner).
Mayor Snyder said just a note that Alderman Turner is out of the country on business and Alderman Busby unfortunately was admitted to the hospital today so please keep him in your prayers as well as Kathy Vinyard's family her father passed away yesterday so he just went into hospice and passed away yesterday please keep her family in your thoughts and prayers as well.
Those present recited the Pledge of Allegiance to the Flag led by Alderman Wilmert.
Presentation of Arbor Day Poster Contest Winners
Street Superintendent Mr. Jackson said this year all District 27 schools participated and that Alderman Armbrust could testify that it was hard to judge these posters but this year 1st place goes to Megan Sidens. She gets happy meals, ice cream cones, frosties and of course the big prize, plug that in and listen to all that music and a kickball from DARE. Tiffany Reeves got 2nd place and she gets the same thing as 1st place except you just didn't get the music player. Natalie was 3rd place and got the same as 2nd place. He held up their posters and said they would be out at Culvers for a month.
Mayor Snyder said congratulations girls those were great posters and we appreciate your participating in the contest. I think Alderman Armbrust is right you have to get on those boys and get them to enter and see if you can get some competition there. Those were great.
Mayor Snyder called for the Consent Agenda:
Minutes of the Regular City Council Meeting on 5/18/2009
Petition for Relay for Life to the town on Saturday, June 6, 2009
Petition for Relay for Life to decorate
Petition for the Railsplitter Antique Auto Club to have Kickapoo Street and Broadway Street (around the Logan County Courthouse) closed from 2p.m. to 7 p.m. on June 13, 2009
Claims, Presentations, Readings, References and Reports thereon: Finance, Policy & Procedure, Streets & Alleys, Sewer Treatment, Sewers and Drainage, Police, Ordinance and Zoning, Sanitation, Insurance, Sidewalks, Forestry, Lighting, Fire/Water & ESDA, and Grounds, Buildings & Local Improvements
Lincoln, Illinois
June 1, 2009; Page 2
Consent Agenda
Mayor Snyder asked if there was anything that anyone wanted to remove from the consent agenda.
Alderman Anderson made a motion to approve the Consent Agenda as presented and Alderman Horn seconded it. Mayor Snyder asked if there was any discussion and called on Alderman Armbrust. Alderman Armbrust said did we get the insurance certificate for the American Cancer Society. Mrs. Martinek said no we haven't gotten that yet. Alderman Horn said I will take back my second and asked if they wanted to make it contingent on insurance. Alderman Anderson said yes. Mr. Bates said it was put on the agenda subject to providing appropriate insurance so that would carry through and they would have to provide that before they are allowed to do any thing on the petition that was a condition when it was put on last week so even if you vote on it now and approve it as a consent agenda item it is still up to the Clerk to make sure they post their insurance before they can do what they've asked. Alderman Anderson said then the motion and second can stand. Mayor Snyder asked if there was any further discussion. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried.
Mayor Snyder asked for the Presentation of Petitions:
Petition for sidewalk at 530 South State Street by John DeOrnellas (work to be done by and at the expense of the city)
Alderman Armbrust said I move to table that please and Alderman Wilmert seconded it. Mayor Snyder asked if there was any discussion and said it was a petition dealing with a brick sidewalk and I am going to ask that the sidewalk committee. Alderman Tibbs said can we have discussion on this. Mr. Bates said technically you can't have a discussion on the motion that was made. Mayor Snyder said my fault. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried. Alderman Tibbs said I looked at that sidewalk and I don't. Alderman Neitzel said you can't discuss it. Mayor Snyder said that particular sidewalk I don't think we can discuss it right. Mr. Bates said right. Alderman Tibbs said I'm sorry. Mayor Snyder said I am going to ask if the sidewalk committee would meet to develop some standards and guidelines to bring back to the committee with respect to brick sidewalks. Alderman Armbrust said he would like to have a meeting 20 minutes prior to the meeting Tuesday, June 9, 2009 (6:40 p.m.)
Lincoln, Illinois
June 1, 2009; Page 3
Mayor Snyder asked for the Presentation of Communications:
City Clerk Mrs. Martinek read a letter from Comcast.
City Clerk Mrs. Martinek read a thank you from Beth Davis-Kavelman
Mayor Snyder asked for the Presentation of Bids:
City Clerk Mrs. Martinek stated that there were no Bids to come before the City Council.
The Mayor then asked for the Presentation of Ordinances and Resolutions:
Ordinance Amending Title 8, Chapter 10 pertaining to Signs of the City Code of the City of Lincoln (tabled 4/28/09)
Alderman Neitzel said she would like to leave this on the agenda.
Resolution for Maintenance of Streets and Highways by Municipality under the Illinois Highway Code
Alderman Neitzel said we read this last week and made a motion to accept the general maintenance resolution in the amount of $545,919.10 as read and Alderman Hoinacki seconded it. Mayor Snyder said that relates to the motor fuel tax funds and asked if there was any discussion on this. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried.
Presentation of Official Reports:
There were no Official Reports to come before the City Council.
Presentation of Special Reports:
There were no Special Reports to come before the City Council.
Presentation of Unfinished Business:
There was no Unfinished Business to come before the City Council.
Mayor Snyder asked for New Business:
Highway Authority Agreement for Illico Property (tabled 2/2/09)
Alderman Henrichsmeyer asked to leave on the table.
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June 1, 2009; Page 4
Engineering services agreement for upgrades to lift stations (tabled 5/18/09)
Alderman Neitzel said she would like to leave it on the table.
Mr. Bates said I talked to Mr. Bob Tackett a few minutes before the meeting they had made contact with Donohue and associates with some of my concerns as I understood and I think as Mr. Bob Tackett also understood someone from Donohue was going to be in touch with me Thursday, Friday, Saturday and I have not heard from them. I think refreshing my memory from last week's meeting I think the language in the standard terms and conditions under 12 is actually language that I had convinced them to agree to last so I think that is the language with the insurance that was what we negotiated last time. On the indemnification in section 11 as I say they haven't gotten back with us. I don't know if you want to bring it off the table on vote on it, it is entirely up to you. I am sure everyone is anxious to start that work. I suggest an alternative that you either pass it as submitted or we can strike the language out that I find objectionable then we can continue to discuss it.
Alderman Neitzel said I want to remove it from the table and Alderman Henrichsmeyer seconded it. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried.
Alderman Neitzel said I make a motion to approve the engineering services agreement for upgrades to the lift stations subject to the changes made by our attorney. Mr. Bates said that it would be the removal of the second and third paragraphs of the standard terms and conditions. Alderman Neitzel said ok. Alderman Henrichsmeyer seconded it. Mayor Snyder asked if there was any discussion on this. Alderman Wilmert said just for clarification this is for the engineering phase right and the liability associated with that. Mayor Snyder called on Alderman Anderson. Alderman Anderson said I know that you've had issues with the language in the past and asked if this language was in previous. Mr. Bates said I don't have a copy of a prior one but I would say yes. Alderman Anderson said ok. Alderman Wilmert said what kind of a time delay are we talking about if we don't approve this tonight. Someone said two weeks. Mr. Bates said it is two weeks before you have another voting meeting at least. Alderman Neitzel said does everyone like the language the way it is now being that we've used it before the same language subject to. Mayor Snyder asked what the Council's preference was. Alderman Henrichsmeyer said he would withdraw his second. Alderman Neitzel said it's ok with the way it's always been. Mr. Bates asked if they were withdrawing their motion. Alderman Neitzel said yes. Alderman Neitzel said I make a motion to approve the engineering services agreement as presented for upgrades to the lift stations and Alderman Henrichsmeyer seconded it. Alderman Neitzel said do I need an amount on that Mr. Bates. Mr. Bates said yeah probably so. Alderman Neitzel said it's $48,000.00. Mr. Bates said is it not to exceed. Alderman Neitzel said not to exceed $48,000.00. Alderman Henrichsmeyer seconded it. Mayor Snyder asked if there was any discussion.
Lincoln, Illinois
June 1, 2009; Page 5
Engineering services agreement for upgrades to lift stations (tabled 5/18/09)
City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried.
Alderman Wilmert said a follow up to that is maybe we can inform the contractors that the next one might not pass so easily and to be aware of the concerns that we have with that particular clause with the next phase so they will be ready for it the next time it comes and they can make the adjustments that they need to. I don't know if that has to be in a motion or anything or that is just something to consider.
Alderman Neitzel said are you referring to the engineering. Alderman Wilmert said yes. Mayor Snyder said something I couldn't hear. Mr. Bates said I've already told them before but they don't seem to care.
Changing Stimulus money for street overlay projects
Mayor Snyder said this was something that, Alderman Henrichsmeyer would you like me to explain it. Alderman Henrichsmeyer said sure, go ahead.
Mayor Snyder said this was something that we discussed on Tuesday evening with regards to the Broadway Street project and the alternatives that were laid out for us by the engineer, Lisa Kramer from Hanson. We had talked the other evening about possibly swapping the Broadway blocks for the College Street blocks from 8th to 11th and then the blocks on Kickapoo Street. There's been a concern voiced about the Kickapoo Street blocks and that they might need to go earlier rather than wait for the federal stimulus package to come through and Mr. Mathon you can correct me if I am wrong with the timing here but for the federal stimulus program the project would be let next spring with the work to be done by, is it September.
Mr. Mathon said that is correct. We would be looking at a letting date no later than March 10 or 15th, the first letting date in March with a completion date prior to the end of September.
Mayor Snyder said so that is the timeline for any streets that are done according that we use the federal stimulus dollars we applied for that is the timeline for that. I talked to Mr. Mathon a bit about the concern about Kickapoo Street we do have there is another street that is also available to swap out and that would be the blocks on State Street and you'll have to remind me of the particular blocks questions.
Mr. Mathon said south State Street starting at 4th and running down to West Kickapoo is a stretch that runs in front of the old state school.
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June 1, 2009; Page 6
Changing Stimulus money for street overlay projects
Mayor Snyder said what Mr. Mathon and I had talked about well Mr. Mathon why don't you explain in terms of letting IDOT know about the blocks if we were to swap.
Mr. Mathon said as far as a street substitution the 2 streets that we had discussed previously College and Kickapoo Street would be the same operation done to them as what was proposed for Broadway Street and the same operation done to them as Broadway Street with mill and overlay project. South Street is a concrete pavement and painted a little differently in terms of preparation plans and getting approval for them. Just because of the, I'll call it the strings the stimulus money as far as needing to have approval from IDOT prior to getting into the work on them what I had suggested in my conversation with the Mayor is that we include all three of those streets College, Kickapoo and State Street in a new submission to the state as a replacement for one Broadway Street project. As we get a little more involved in finding out from the state that yes that State Street will qualify for it we could just tell them that we're going to remove the Kickapoo Street segment if in the other case if something would happen in the review process that caused the South Street not to qualify we would still be able to utilize all of those funds that available to us in the segments.
Mayor Snyder asked if anyone had any questions about that. Mr. Mathon said I don't think that it would cause a problem that there would be any issues in doing South State Street but just out of caution that is the way I would propose it. Mayor Snyder asked Mr. Plotner if he had a comment to make.
Mr. Plotner said I have a little bit of concern about this basically because it if I understand it then I didn't get the balance sheet as to what you are swapping and so forth but it would seem to me that you would put one of these three streets back at least a year before being worked on this summer or into the fall. It wouldn’t be done until next year. Do I not understand that correctly would that be right?
Mayor Snyder said the blocks that are done with stimulus dollars would be next year. Let in the spring and then done sometime between March and September so right now the way the Council had passed it previously it was only Broadway street section that is part of the federal stimulus dollars projects but the issue that had been brought up that possibly swapping that out so we could explore the other alternatives with regard to the Broadway Street blocks.
Mr. Plotner said the only concern that I have is that when we pass the non home rule tax some time ago we promised the people that we would work on streets and it seems like now we have a list of streets to work on and we have a swap out of those streets. Some of those really need some work and we have the money we have the non home rule money in hand to do that work the stimulus money we do not have in hand we think maybe spring whatever you gave there but it is not in our hands.
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June 1, 2009; Page 7
Changing Stimulus money for street overlay projects
Mr. Plotner said we have $517,600 some dollars last year when we worked on the stop lights then excess what have you out by Sysco we still haven't received from the state but their budgeting problems and so forth I am kind of wondering whether or not the state is going to come up with any money to fund anything else. We budgeted $1,150,000.00 for the tax, the street tax list that we have not counting Broadway out of the non home rule and we budgeted an additional $78,000.00 toward the Broadway Street project out of the non home rule. Those things are in hand and we can get those streets done but if we delay things and we delay some streets in order to get Broadway taken care of. I don't know how critical the bicycle path is and I'm not blindsiding Mayor Snyder because I talked to him about this and maybe that is real critical and maybe again that's another two grants that we are looking at or possibly trying to get one from natural resources and somewhere else well are those two grants going to be available or are the state going to stop those now. I think we need to give a little concern to that. That is my ideas you are the ones that make the decisions but anyway as far as the cash balance in that non home rule at the end of the year it was $1,234,000.00 and since that time we have taken in another $51,600.00 and we're due to get about $620,000.00 more this year in non home rule revenue. Just some thoughts on that when I first saw this one I was kind of excited about this list of streets to be done particularly when I saw Kickapoo on there because it has been done three or four times and it is still isn't right so maybe we'll get it right this time not you the people that did it. Hopefully we can get someone else to put it on there. College street wasn't a swap out I guess but the one thing was throwing the dust and so forth between 5th and 8th and you said you were going to go ahead with that.
Mayor Snyder said just the Kickapoo Street by including the State Street blocks and the proposal we’re going to send to IDOT and if that is approved and we don’t have any issues with that I mean we could go ahead and do the Kickapoo Street blocks yet this year. Mr. Plotner said all the way out you mean. Mayor Snyder said yeah with the, that’s why we added when I talked to Mr. Mathon about adding some other alternative so that we could tackle the Kickapoo Street blocks with the non home rule sales tax portion. Alderman Henrichsmeyer said so the bad portions of College are done right away and Kickapoo Street hopefully is done right away in the hopes that South State Street qualifies. Mayor Snyder said right. Mr. Plotner said and to be done yet this summer, right.
Mayor Snyder said yes, correct. He asked Mr. Mathon when we would know or get some word back from IDOT with regard to what blocks would qualify is that basically at our end when we determine the cost that we’re doing.
Mr. Mathon said that would be based on their review of the information we sent in to them of the proposed scope of work that is going to be done on the segments. Mr. Bates asked how long that would be. Mr. Mathon said I do not have an exact time frame or how long that would take but if it’s either going to qualify or it’s not. Mr. Bates asked if there would be time to do Kickapoo yet this year. Mr. Mathon said correct it would be. Mayor Snyder asked if there were any questions.
Lincoln, Illinois
June 1, 2009; Page 8
Changing Stimulus money for street overlay projects
Alderman Armbrust said early on I mean a couple of months ago or longer when we started talking about this I thought we had a drop dead cut off date on this stimulus money and have that program going and never was it mentioned that it could be next year. It wasn’t mentioned next June or July we had to have our ducks in a row to spend that money. My question we’re not taking a chance shuffling this losing money. This has happened before maybe before it was only $25,000.00 but we didn’t get our paperwork in.
Mayor Snyder asked Mr. Mathon if he could address that question.
Mr. Mathon said what my discussions from IDOT have resulted in is the date that had been distributed in the memo that I had mentioned previously for the May 1 date it was not as much of a drop dead date as it was they needed to have information for IDOT to pass it along to federal DOT to the federal level so there was evidence that there was work being done to progress towards having everything done in the time frames that are required. What IDOT’s internal deadlines are there’s a list for the March bidding date. There is a timeline that works backwards up until the first deadline for right away I believe it is a right of way certification is July 25th so before there is even a deadline with IDOT with as far as having the project related deadline for a particular segment of road it’s not until almost the end of July.
Alderman Armbrust said thank you.
Mayor Snyder asked if there were any more questions.
Mr. Mathon said just one additional comment Mr. Plotner had mentioned the possibility of money being there and not being there in terms of stimulus money it is handled the same as our federal aid dollars are with the projects that are under the federal aid program the city receives the invoice through IDOT for the percentage of the project that is the local municipality’s responsibility the balance of that that comes from the federal monies the city never it’s never distributed to us it goes directly to the contractor so it’s money that is already there in an account basically in an account with our name on it that is held by the federal government that on a request to draw from the Illinois Department of Transportation is dispersed to the contractor.
Alderman Henrichsmeyer said what you are saying is we never get a bill for the money promised by the federal government that goes to the contractor or you know what I mean. The government gets billed we don’t get billed.
Mr. Mathon said correct. We only get billed for the percentage of it that is speculated in the agreement in the contract and the bidding documents as being ours.
Alderman Henrichsmeyer said the contractor might not get paid by the government but we don’t have to worry about that.
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June 1, 2009; Page 9
Changing Stimulus money for street overlay projects
Mr. Bates said we get billed by the contractor. It is a contract with us and we get billed but the money comes from the feds but it is to us. The feds and the state don’t pay but we do. We sign the contract.
Mayor Snyder said I don’t know if we ever get the federal dollars. Mr. Bates said no, don’t get the federal dollars. Mayor Snyder said so they are paying in our name. Mr. Bates said they are paying in our name but if they default and don’t pay I think the contract is with the City of Lincoln IDOT or is it with everybody.
Mr. Mathon said I believe everybody is a party to it. I believe all the groups are a party to it.
Mayor Snyder said IDOT lets the contract right. Mr. Mathon said correct. Mayor Snyder said ok so the issue is do we want to swap out the blocks on Broadway for the other blocks that were mentioned here this evening College Street from 8th to 11th, State Street from 4th to West Kickapoo, and/or Kickapoo from Pekin to Keokuk. Alderman Wilmert said in way of summary so that we can use the federal dollars for those streets you just mentioned. Mayor Snyder said right. Alderman Wilmert said save the non home rule stuff for Broadway so we can get it started sooner presumably, right and have more flexibility for this. Mayor Snyder said to explore the alternative. Alderman Wilmert said the down side was proposed or brought up in terms if we wait for those streets because the fed money or may not necessarily be the case to get sooner is what I heard right. Alderman Henrichsmeyer said one the concern is Kickapoo Street is an extra just in case but ideally State Street gets approved and we do Kickapoo Street immediately.
Mayor Snyder said right good tag team summary there. He asked what the Council’s preference would be in regard to this.
Alderman Henrichsmeyer said I move to swap the Broadway sections with College Street from 8th to 11th, South State Street from 4th to West Kickapoo and/or Kickapoo Street from Pekin to Keokuk federal stimulus money and Alderman Hoinacki seconded it.
Mayor Snyder asked if there was any further discussion. Alderman Neitzel said one other question ok if we don’t get the grants then are we still going to use the home rule for the Broadway. Mayor Snyder said the Broadway overlay yes. The whole issue with regard to that bike path alternative would be contingent upon the state funding the grants us applying for and receiving the grants and we’re not even talking about that at this point. He said Mr. Mathon the question came up with regard to do any of the alternatives for Broadway increase the engineering costs that we are going to be incurring.
Mr. Mathon said yes it likely will but I don’t know to what extent at this point because I haven’t discussed that topic with the engineers in regard to the additional work that would require for Broadway Street.
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June 1, 2009; Page 10
Changing Stimulus money for street overlay projects
Alderman Henrichsmeyer said if we do go that route that would indicate that there is at least a promise of grant money when we made that step perhaps to render that. Mayor Snyder ok, are there any more questions. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried.
Access Agreement for City Street Department property
Mayor Snyder said I am going to defer to the City Attorney on that one and we added that one to the agenda this evening so that Attorney Bates could introduce the topic to us this evening. We will have further opportunity to discuss it at the workshop on the 9th and then hopefully be in a position where we could vote on it on the meeting on the 15th.
Mr. Bates said I hope everyone got a copy of that I emailed it to everyone. Also when I sent this out to the Mayor, Mr. Mathon and Mr. Jackson and to Alderman Tibbs I did a little bit of a summary in an email that I will share with you. This topic originally came up last October in a meeting with Mayor Davis-Kavelman and her office and Mr. Mathon and Mr. Jackson I can’t remember if you were there too. The subject is the fact that at some point in time and I was trying to find the summary there was what was called a manufactured gas plant located on the site that is currently the Street and Alley Department. A manufactured gas plant was I suspect in this case was one operated by coal and it manufactured gas. That is pure and simple what it did. I think if my recollection is correct I think one entity or another or individuals operated that manufactured gas plant until about 1935 I believe it has been known in other places in the state and in the country where there was manufactured gas plants that there has been some environmental concerns left behind that have never been addressed and throughout the states some utility companies that are essentially successors in interest to the utilities or the companies that last operated or manufactured the gas plant have been the parties that have addressed what if any environmental concerns there may be at this site. In October and I’m not sure but I think this came up previously in the city there was nothing ever done by the utilities at that time but in October we sat down in a meeting with representatives from Commonwealth Edison and Nicor gas company and they made the request at that time to be given permission to do an environmental study of the Street and Alley Department. The upshot of that meeting was that they were going to draft a proposed access agreement which would be the agreement between the city and the utility companies it would allow them through their contractors to do a full and complete and comprehensive environmental assessment and investigation. It was sometime in February when I got the first draft of the agreement and I saw some concerns on behalf of the city in that agreement and I corresponded with the gas companies about my concerns through various emails we ultimately arranged to have a conference call with the attorney in New York for the utilities and myself, the utility company representatives in I believe April 27 we had a conference call.
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Access Agreement for City Street Department property
Mr. Bates said we talked about my concerns in the agreement and what I would like to see changed in the agreement and then we again had a flurry of activity in late May about the terms and provisions of the agreement and I then received what they hope is the final draft of an agreement last Wednesday morning. It did not come in time to bring it with me Tuesday night which is why I didn’t bring it up Tuesday night but it was in my email on Wednesday morning. The agreement you have before you is the product of discussions I have had with the attorney for the utilities and the utilities with some input from Mr. Mathon and Mr. Jackson as to what is going to happen. Now let me be clear this is not an agreement that says they are going to clean up some type of environmental contamination or environmental concerns at the site. This is strictly an agreement to allow them through their contractors to do an assessment and an investigation. Step 2 in this process is after they have done their investigation if there are environmental concerns they will then come back to us to attempt to reach an agreement pursuant to which they will remediate that site. Now this can run the whole gamete here this can be this investigation could ultimately show us there are no concerns it could show us we have significant environmental concerns and it has to be remediated it could be the point where they say we need to move. It could be to the point where they say we can work around you being there there’s no health concerns we can remediate without you moving but all of that is the topic of a subject for another day if and when we get to that point all this talks about is getting it enrolled in a state program getting the environmental assessment done and then finding out what is there. I have some reasonable hope that there’s nothing if you will remember a couple of years ago we entered into an agreement with U. S. Cellular before they sunk their tower base they had to do some analysis to some degree at the site and they didn’t have any concerns and they put their tower up. I don’t want to raise a red flag here I don’t want to tell people we have a badly contaminated site we don’t know that. We believe we don’t but that’s why we’re doing it. He showed a book and said this book is the company that is going to do the testing and the analysis for Commonwealth Edison and for Nicor and this is their plan and this is what they are going to do. He said Mr. Mathon has had this for I don’t know a couple of months. Mr. Jackson has seen it I have seen it and anybody that wants to see it. It’s got some interesting reading it because it’s got a lot of maps from what was there years ago, what was done and who owned it what the history of the site was and so forth. I am comfortable in saying to you that I think that this access agreement accomplishes the purpose of granting permission to the utilities to have access to the site to do a comprehensive environmental analysis.
Alderman Tibbs said should we move forward and take this to the workshop or should we vote on this this evening.
Mr. Bates said let me hasten to add I am not pushing this and I know the Mayor wasn’t and Alderman Tibbs isn’t.
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June 1, 2009; Page 12
Access Agreement for City Street Department property
Mr. Bates said as luck would have it I’m not going to be here on the 9th and I won’t be here to answer questions but I plan on Mr. Blinn Bates being here that night but Alderman Tibbs thought it was best that I at least broached this subject with you tonight and be here to answer any questions which was the whole idea in getting you the agreement in advance to have you be able to look at it and formulate any questions that you might have. I haven’t gotten any pressure from Commonwealth Edison or Nicor to get this done today, tomorrow or the next day and I’m not pushing it. It is certainly not my intention to bring this to a voting meeting and not go to workshop. It is strictly as a matter of accommodation.
Alderman Henrichsmeyer said lets go ahead and pass it. Alderman Tibbs said actually this is step one for the city and after we find out about the testing then we’ll go from there. Mr. Bates said it is either step one or the only step. Alderman Wilmert said do we have a choice Alderman Henrichsmeyer said I don’t see a problem with it. Alderman Wilmert said they’re checking it out because they feel they might be liable because they now have interest in it are they are probably liable if something like that exists, right. Mr. Bates said yes. Alderman Wilmert said as the assigns and interests of the prior company.
Mr. Bates said yes and we broached that subject briefly and I asked them questions like, why do we want to get into this? This site is not unknown to the Illinois Environmental Protection Agency. This and many other sites across the state and across the country are the former sites of manufactured gas plants. It’s simply a matter of they haven’t gotten to this subject yet. My vision is if we say to Commonwealth Edison or Nicor no thanks we’re not interested we don’t want to have a site analysis done they are going to go to the IEPA and say hey we tried and Lincoln won’t let us do it and the next letter we get is going to be from IEPA saying ok guys they wanted to do it you wouldn’t let them now you’re going to do it at your expense. That’s how I look at it.
Mayor Snyder called on Mr. Jackson.
Mr. Jackson said I know when Mr. Mathon and I met with them in my office here six weeks ago or so we were trying to put a time frame together when they can get in there and it was the last two weeks of June was the best time for them because school is out summer school programs haven’t started and baseball cage hasn’t started behind. In my opinion if we can get it approved tonight that would help.
Alderman Horn said it’s a no brainer.
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June 1, 2009; Page 13
Access Agreement for City Street Department property
Alderman Tibbs said I would like to make a motion to approve this access agreement and authorize the Mayor to sign it and Alderman Henrichsmeyer seconded it. Mayor Snyder asked if there was any further discussion about this. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried.
Mayoral Appointment of Department Head
Mayor Snyder said he would skip for this evening but I would like to request an Executive Session at the end of when we conclude our subtenant business here.
Mayor Appointments to Boards and Commissions
Civil Service Commission
Mayor Snyder said I’ve got some appointments here this evening. The first one will be to be a member of the Civil Service Commission. I would like to appoint Keith Leesman to replace Chuck Conzo who has resigned.
Alderman Anderson said I move to approve the appointment of Keith Leesman to the Civil Service Commission and Alderman Horn seconded it. Mayor Snyder asked if there was any discussion. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried.
Firemen’s Pension Board of Trustees
Mayor Snyder said I understand the Mayor’s position doesn’t automatically become a member of the Firemen’s Pension Board of Trustees when the Mayor switches so I guess I am appointing myself to replace former Mayor Davis-Kavelman. Mr. Bates said it doesn’t take a vote because it is statutorily provided.
Economic Development Partnership
Mayor Snyder said the next one. Mr. Bates said to the best of my knowledge this doesn’t take approval either but maybe I missed something.
Mayor Snyder said the City has as I understand it has five appointments to the board of the Economic Development Partnership. Alderman Horn is on there currently and will continue, Derek Crane is on there currently and will continue, Rick Hamm is on there currently and will continue, a prior one where whoever is in the Mayor’s chair actually is a member of the board.
Lincoln, Illinois
June 1, 2009; Page 14
Economic Development Partnership
Mayor Snyder said Mr. Plotner was a member of the board but has chosen to step down from that so I want to appoint Glenda Allison to take Mr. Plotner’s seat on the Economic Development Partnership. It is just an informational item so you’d be aware of that.
Mayor Snyder asked if there was any further business to come before the Council this evening, any substantive business. He called on Alderman Armbrust.
Alderman Armbrust said thank you Mayor I wanted to make sure everybody was aware that the landfill will be closed until June 17th so remember that before you show up with a truck full of waste to go out there.
Mayor Snyder said that is for the purpose of the company getting all of the brush mulched up. I happened to drive by there today it’s kind of fun to watch. They have a huge machine and it chews it up and spits it back up in the semi truck. He asked Mr. Jackson how many they loaded up today.
Mr. Jackson said today was 11 and their semi trailers are bigger than most. Mr. Bates said did they sign the change that I made. Mr. Jackson said yes I’ve got it in my office. Alderman Tibbs said do we sell that mulch or do we give that mulch away. Mayor Snyder said it was part of the agreement. Mr. Jackson said we are giving it to them that we’re not paying like before it used to cost us $23,000.00. Mayor Snyder said so the landfill will be closed until June 17.
Mayor Snyder called on Mr. Mathon.
Mr. Mathon said he just wanted to remind anyone that would be coming up for business at City Hall over the next couple of weeks they are starting on the roof tomorrow morning weather permitting at 6:00 a.m. They will be starting right out this side of the building on the parking lot side above the canopied entrance. They will make every reasonable accommodation that they can for parking and pedestrian access but we just ask that you cooperate with us while they are doing the work.
Mayor Snyder called on Alderman Tibbs. Alderman Tibbs said I received a letter from Historical Preservation that all the material, color etc has all passed through.
Mayor Snyder said Alderman Tibbs has been working feverishly in the attic. He said Mrs. Martinek and Mrs. Gehlbach from the Clerk’s office have been working on the storage room downstairs. We’re just going to have all kinds of room to store all kinds of things now.
Mayor Snyder called on Mr. Plotner. Mr. Plotner said do we have to have the money to pay this roof contractor before long Mr. Mathon. Mr. Mathon said they are allowed to make progress payments yes.
Lincoln, Illinois
June 1, 2009; Page 15
Mr. Plotner said do we go ahead and do I borrow the money or does the Mayor borrow the money. Mr. Bates said Mayor you just need to contact Steve Aughenbaugh I sent him everything and it should be ready to go.
Mayor Snyder asked if there was anything else for open session. He called on Alderman Horn.
Alderman Horn said yes I’ve had several people ask me why there’s been nothing done to clean up the mess from the fire at the Simonson building. I wondered if there was a reason.
Mayor Snyder said I don’t know Mr. Last do you know anything.
Mr. Last said the first of May Mr. Simonson said next week it would be gone. He was having trouble with the EPA they were going to take two loads out and then it was going to be gone. That was the first of May and here it is the first of June.
Mr. Bates asked if he had talked to him. Mr. Last said I haven’t talked to him since. Alderman Horn said the people that were asking were because we have so many festivals and things coming up downtown they really thought it was important that we get on it.
Mr. Bates said I don’t know if it is public knowledge but he was ready to go with that but IEPA shut him down and tried to fine him because he began moving it without having it checked first so they stopped him and I guess it was May 1 he got the approval and he think he had three people giving him bid. I don’t know what’s happened since May 1 but I know up until May 1 EPA had shut him down.
Mr. Last said I will contact him tomorrow and see what is going on. Mayor Snyder said if you could do that and let the Council know that would be great anything else for open session.
Alderman Anderson said I move to go into Executive Session under 5 ILCS 120/2(c)(1) to employee hiring and compensation and Alderman Neitzel seconded it. City Clerk Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried. The meeting adjourned to Executive Session at 8:10 p.m.
The meeting returned to regular Session at 9:02 p.m. City Clerk Mrs. Martinek called the Roll. There were eight Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Turner); motion carried. Also present were Mayor Snyder and City Clerk Mrs. Martinek.
Lincoln, Illinois
June 1, 2009; Page 16
Mayor Snyder said just one more thing I had a meeting today at 1:00. Everybody else has left so you guys will get the detail. Had a meeting today with Carolyn Brown Hodge who is the Governor's Deputy Chief of Staff. This was in regard to LDC it was a very good meeting she was there until 1:30 last night but she still met with me at 1:00 she was very cordial. She really didn't have much of a clue about what was going on with LDC she didn't know it had been closed for seven years. She said seven years really it's been sitting there vacant for seven years. I said oh yeah they built four brand new buildings and outfitted them and they are sitting there vacant and she thought that was almost criminal that they had been sitting there so she promised me that she would do two things. She would get a hold of the Department of Human Services and she would ask them what their plans were for the property when she finds that out she is going to have a conversation with the Governor to see if he has any plans for the property then she's going to get back to me with the contact with the Department of Human Services so we can continue this ball rolling. She also gave me the Governor's contact on broadband issues so if we were to explore the possibility of tapping into fiber cable that runs along the highway or along the tracks. She offered him as a technical resource for us to explore that so I thought it was a very positive meeting she is from Paris. In Paris they had a closed work camp that the city ended up buying for a dollar and they are turning it into something for their school districts and she was very excited about that because it was reuse of state property and said I don't see why we can't do something similar in Lincoln. She is from Paris and she is the Deputy Chief of Staff for Governor Quinn. It was a very good meeting.
Alderman Armbrust said what's going on with the state school. Mayor Snyder said that was the State Police they were doing weapons of mass destruction training or something like that. Alderman Armbrust said I thought maybe you were having a cookout or something to get some use out of that place.
Mayor Snyder said I pitched my open house idea about letting interested parties come and take a look and she liked that. I said you know we might want to run our cameras down the sewer lines just to make sure they are still in good shape and she said it sounded like a good idea to her anyway a very good meeting.
Alderman Neitzel said anyway we moved forward.
Alderman Neitzel made a motion to adjourn and Alderman Wilmert seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Henrichsmeyer, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Tibbs, Alderman Turner, and Alderman Wilmert), zero nays, and none absent; motion carried.
The City Council Meeting was adjourned at 9:05 p.m.
Respectfully Submitted By:
Risa Riggs
City of Lincoln