Lincoln, Illinois

September 7, 2010

 

Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln,

IL, on Tuesday, September 7, 2010.

 

Mayor Snyder called the regular City Council Meeting to order at 7:15 p.m. City Clerk Mrs.

Martinek called the roll. There were nine Aldermen present (Alderman Anderson, Alderman

Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman

O’Donohue, Alderman Tibbs, and Alderman Wilmert) and one absent (Alderman Armbrust).

Department Heads present were Police Chief Greenslate, Safety and Building Officer Mr.

Lebegue, Street Superintendent Mr. Jackson, EMC Manager Mr. Tackett, Fire Chief Hulett, and

City Engineer Mr. Mathon. Also present were City Clerk Mrs. Martinek, Mayor Snyder, City

Attorney Mr. Bates, City Treasurer Mr. Conzo, and Recording Secretary Mrs. Riggs.

 

Those present recited the Pledge of Allegiance to the Flag led by Alderman O’Donohue.

 

Presentation from EMC

Mr. Tackett gave a presentation of the upgrade on the South Plant Lift Station.

 

Mayor Snyder thanked everyone involved in the upgrade.

 

Public Participation:

Mayor Snyder read a thank you from Bethany Dzekunskas.

 

Mayor Snyder called for the Consent Agenda by Omnibus Vote:

Approve Minutes of the August 10 Committee as a Whole Meeting and the August 16, 2010

Regular City Council Meeting

Approve payment of bills

Petition by Main Street to close the 100 bock of South Kickapoo on Friday, September 18, 2010

at 1:00 p.m. to Saturday, September 19, 2010 at 10:00 p.m. for the Honest Abe Barbeque Cook-

Off

Petition from the Knights of Columbus to hold a Tootsie-Roll drive on September 17th and 18th,

2010 at the corner of Broadway and McLean

 

Alderman Anderson moved to approve the Consent Agenda as presented with the exception of

pulling one bill payable to the Fire Apparatus Supply in the amount of $752.16 and Alderman

Horn seconded it. Mayor Snyder asked if there was any discussion. City Clerk Mrs. Martinek

called the roll call. There were nine yeas (Alderman Anderson, Alderman Bacon, Alderman

Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue,

Alderman Tibbs, and Alderman Wilmert), zero nays, and one absent (Alderman Armbrust);

motion carried.

 

Approval of any items removed from the Consent Agenda

There were no items removed from the Consent Agenda.

 

Lincoln, Illinois

September 7, 2010; Page 2

 

Petitions

 

Petition by Dan Browning to close Chicago Street between Broadway and Pulaski Street to hold

an auction on Sunday, October 3, 2010

 

Alderman Hoinacki made a motion to approve the petition by Dan Browning to close Chicago

Street between Broadway and Pulaski to hold an auction on Sunday, October 3, 2010 pending

proof of insurance and Alderman Tibbs seconded it. Mayor Snyder asked if there was any

discussion. City Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman

Anderson, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman

Neitzel, Alderman O’Donohue, Alderman Tibbs, and Alderman Wilmert), zero nays, and one

absent (Alderman Armbrust); motion carried.

 

Petition by Jeff Singleton to repair a concrete sidewalk at 615 S. State Street

 

Mr. Jackson said the sidewalk is heaved from a tree and the next one has the same thing.

Alderman Anderson mad a motion to approve and Alderman Wilmert seconded it. Mayor Snyder

asked if there was any discussion. City Clerk Mrs. Martinek called the roll call. There were nine

yeas (Alderman Anderson, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman

Horn, Alderman Neitzel, Alderman O’Donohue, Alderman Tibbs, and Alderman Wilmert), zero

nays, and one absent (Alderman Armbrust); motion carried.

 

Petition by Kyle and Nancy Powley to construct a concrete sidewalk at 619 S. State Street

 

Alderman Anderson made a motion to approve the petition by the Powley’s and Alderman

Wilmert seconded it. Mayor Snyder asked if there was any discussion. Alderman Neitzel

said subject to the discretion of the Street Superintendent. Mr. Jackson said this had been

looked at and he has photos of the brick and they also have papers from a doctor on the medical

condition of the homeowners. Mayor Snyder asked if there was any further discussion. City

Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Anderson, Alderman

Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman

O’Donohue, Alderman Tibbs, and Alderman Wilmert), zero nays, and one absent (Alderman

Armbrust); motion carried.

 

Unfinished Business:

 

Petition by Gene Baker for curb and gutter replacement from corner of Clinton and Chicago

Street down East Clinton Street to alley (tabled 5/17/10)

 

Alderman Neitzel said she was going to leave it on the table.

 

Lincoln, Illinois

September 7, 2010; Page 3

 

Revision of Petition Policy (tabled 6/21/2010)

 

Alderman Busby made a motion to remove from the table and Alderman Anderson seconded

it. There were nine yeas (Alderman Anderson, Alderman Bacon, Alderman Busby, Alderman

Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, Alderman Tibbs, and

Alderman Wilmert), zero nays, and one absent (Alderman Armbrust); motion carried. Alderman

Busby said I move to remove this from the agenda item b under unfinished business and

Alderman Anderson seconded it. Mayor Snyder asked if there was any discussion. City Clerk

Mrs. Martinek called the roll call. There were nine yeas (Alderman Anderson, Alderman

Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman

O’Donohue, Alderman Tibbs, and Alderman Wilmert), zero nays, and one absent (Alderman

Armbrust); motion carried.

 

Ordinances and Resolutions:

There were no Ordinances or Resolutions to come before the City Council.

 

Consideration of Bids, Contracts and other Expenditures:

 

Award bid for storage building

 

Alderman Busby said I move the bid from Wilson-Schleder Construction for the 100 X 24

building in the amount of $37,000.00 be approved and Alderman Neitzel seconded it. Mayor

Snyder asked if there was discussion on this. Alderman Neitzel asked Alderman Busby the

reason for not picking the low bid.

 

Alderman Busby said it was about $1,300.00 difference but we are getting a 104 feet

larger building. Now Morton builders cut theirs down to 99 feet and this one goes to 104.

The reason they do that is because you don’t have to cut metal then is the biggest reason.

 

Alderman Neitzel said it would be a bigger building. Alderman Busby said right it would be

a larger building and we get more square footage and it comes out to the exact same price as

the low bid. Mr. Bates asked Alderman Busby what the spec was. Alderman Busby said the

specs were 100 X 24. Mayor Snyder said this is 104 X 24. Alderman Busby said correct. Mr.

Bates said are all the others less than 100. Alderman Busby said the low bid was exactly 100.

Mayor Snyder said there were three bids. Mr. Mathon said a portion of the bid specifications,

actually the addendum issued stated for the bidders to declare any deviations from the building

as specified. Alderman Neitzel asked what he was saying.

 

Mr. Mathon said a 100 X 24 foot building was specified and they were given the notice that if

there were any deviations from any thing in the specifications they were to itemize what any of

those deviations were. They spelled out on the bid sheet that it was a 104 foot long building.

Otherwise, everything else complied with the specifications as listed.

 

Lincoln, Illinois

September 7, 2010; Page 4

 

Award bid for storage building

 

Alderman O’Donohue said if the person that bid the exact amount of the square footage of the

 

building was 100 X 24 and that was the second lowest bid. Alderman Busby said that was the

lowest bid and of the three bids this was the middle bid. Alderman O’Donohue said so if they

bid the same exact size as the person who you are saying we should give it to what would their

price have been? Alderman Busby said the price would have been more. Alderman O’Donohue

said based on. Alderman Busby said the square footage price. Mr. Bates asked if it was bid

square footage or was it a package deal. Alderman Busby said package deal but they could

deviate from the 100 X 24 if stated.

 

Mr. Bates said I understand that but you’re not even giving the opportunity, there was a low

bidder to add 4 feet, how do you know he wouldn’t still be low? You are deviating but not

allowing the other bidders to bid the larger building.

 

Alderman Busby said if you go by square footage this is actually the low bidder, if you go by the

same size buildings. Alderman Wilmert said are we responsible for accepting the low bid. Mr.

Bates said you are obligated to accept the lowest responsible bid and the law does not say that

you have to take the low bid but if there is some reason that you are not taking the lowest bid

there has to be a reason. Alderman Wilmert said it sounds like the reason is that we are getting a

better deal. Alderman O’Donohue said there is no concern that someone is going to come back

and say this was done unfairly by not allowing them to bid this is a different size. Mr. Bates said

there is to me. Alderman O’Donohue said if I was the low bidder I would have an issue. Mr.

Bates said as would I. Alderman Neitzel withdrew her second.

 

Alderman Wilmert seconded the motion for discussion. Can we allow the low bidder to

redo? Was this a unique feature that was made out of metal? What are the comparisons?

 

Alderman Busby said when they were going through the bids what they did was try to figure out

what the square footage cost would be. That is where they came up with this being the same

price if you were to get the smaller building.

 

Alderman O’Donohue said if they would go ahead with the recommendation of Alderman

Busby as the low bidder for the original size what is the option for the low bidder.

 

Mr. Bates said they can question the validity of the bidding process when they bid according to

specs and then there was a bid accepted that was not technically in accordance and there was an

opportunity to deviate. They can deviate and one of them did at 99 you said and you chose not

to take that because it wasn’t a 100 foot building or maybe it was higher and that eliminated that

pretty quick. I guess my bottom line concern is that you have a low bidder who bid as spec and

you are recommending taking a higher bidder that bid more square footage but the lower bidder

never had an opportunity to say that his price was the same for 104 feet or 100 because of the

cuts.

Lincoln, Illinois

September 7, 2010; Page 5

 

Award bid for storage building

 

Mr. Bates said I think if he is a disgruntled bidder he may try and take some action to contest the

validity of the acceptance of the bid. He had not reason to believe he would but he didn’t know

anything about it and this was the first he had heard about it.

 

Alderman Wilmert said what is the point of having a deviation in there if you can’t allow a little

room 99, 104 you know and have some ability to even make a decision without fear of vendor

coming back.

 

Mr. Bates said he was not saying it is not an improper bid. The 104 is not an improper bid

because he deviated and he said he deviated so it is a proper bid. It doesn’t happen to be the low

bid.

 

Alderman Tibbs said they have the right to accept or deny any of the bids. Mr. Bates said it

said they had the right to reject any and all bids. Mr. Mathon said yes. Mayor Snyder asked if

there was any further discussion. City Clerk Mrs. Martinek called the roll call. There were five

yeas (Alderman Anderson, Alderman Busby, Alderman Horn, Alderman Tibbs, and Alderman

Wilmert), four nays (Alderman Bacon, Alderman Hoinacki, Alderman Neitzel, and Alderman

O’Donohue), and one absent (Alderman Armbrust); motion carried.

 

New Business/Communications:

 

Transfer $9,000.00 from line item 02-08-06-8420 to 02-08-06-5202

 

Alderman Horn said I move to approve and Alderman Anderson seconded it. Mayor Snyder

said this was moving some dollars from the training line into a maintenance/repair line and that

is what all those numbers do and asked if there were any questions or comments on this. City

Clerk Mrs. Martinek called the roll call. There were nine yeas (Alderman Anderson, Alderman

Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman

O’Donohue, Alderman Tibbs, and Alderman Wilmert), zero nays, and one absent (Alderman

Armbrust); motion carried.

 

Reject bid for a poured wall

 

Alderman Busby said I move the bid from Mark Gates be denied on the poured wall for the

sewer plant and Alderman Neitzel seconded it. Mayor Snyder asked if there was any discussion.

Alderman Busby said this in case someone forgot what was said last week the reason that we

are denying it was because there was no bid bond along with the bid. City Clerk Mrs. Martinek

called the roll call. There were nine yeas (Alderman Anderson, Alderman Bacon, Alderman

Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue,

Alderman Tibbs, and Alderman Wilmert), zero nays, and one absent (Alderman Armbrust);

motion carried.

Lincoln, Illinois

September 7, 2010; Page 6

 

Permission to rebid for a poured wall

 

Alderman Busby said I move we go out for bids for the cement work poured wall with bids

being returned to City Hall by September 28, 2010 at 5:00 p.m. and Alderman Neitzel seconded

it. Mayor Snyder asked if there was any discussion. City Clerk Mrs. Martinek called the

roll call. There were nine yeas (Alderman Anderson, Alderman Bacon, Alderman Busby,

Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, Alderman

 

Tibbs, and Alderman Wilmert), zero nays, and one absent (Alderman Armbrust); motion carried.

 

Request from Civil Service Commission

 

Mayor Snyder said that was placed on the agenda at his request as a precautionary. Civil Service

Commission met last Thursday evening and the matter that may have required the retention of

legal services has been resolved so there is no need for this request and asked for someone to

make a motion to remove this from the agenda.

 

Alderman Busby made the motion and Alderman Neitzel seconded it. Mayor Snyder asked if

there was any discussion. City Clerk Mrs. Martinek called the roll call. There were nine yeas

(Alderman Anderson, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn,

Alderman Neitzel, Alderman O’Donohue, Alderman Tibbs, and Alderman Wilmert), zero nays,

and one absent (Alderman Armbrust); motion carried.

 

Public Announcements

Comcast Evaluation

 

Mayor Snyder said he wanted to mention briefly that he had a meeting this afternoon with

Libby Stein from Comcast with regard to follow up of our Comcast evaluation session. He

mentioned a few things they discussed and said they were still in discussion and will bring

further information back. The following items were resolved: Volume differences, business

class internet, and camera issue. The franchise agreement talks about a subscriber survey but

they point to a state law that says they only have to give a report to the Illinois Attorney General

and Mr. Bates is looking into that. The city does have the right pursuant to federal regulations

to regulate their fees as they relate to basic services now basic services are 2-24 they say and

there is a federal regulation that sets up a formula each year with a maximum permitted rate for

those basic services and we are a regulated community meaning that we had chosen to regulate

the rates if they ever go above that federal specified maximum rate we could direct them to

lower their rates for the basic service and that is the extent to our regulating rates. There are

applications on the FCC website if they ever wish to pursue that. They told him they would be

willing to do some technology forums or technology workshops. He asked them to get them

a description of what they are going to do telling us what they are going to provide in terms of

some people can understand how the new equipment works. He brought up to them again about

not having a local number they told him the call centers in central Illinois and it makes more

sense for them to handle the call volume through the call centers.

Lincoln, Illinois

September 7, 2010; Page 7

 

Comcast Evaluation

 

Mayor Snyder said he told them that he wanted a written response because it was pretty similar

to the answer that we got the other night at the evaluation session. They are getting written

responses as to why they don’t feel they are able to provide a local number for people to call and

get the office here in Lincoln. They did express a concern about the call volume and the number

of staff they have at the local office and to handle that appropriately. They said they are willing

to tape the Tuesday night meetings but in order for them to do that they need a letter from the

City requesting them to do that and then they would be willing to have a discussion with CITV

 

about their willingness to their making time available. When he was talking with Alderman

Anderson before the meeting she brought up the good point that we need to continue to ask for

that second channel available since CITV is a local business and having a second channel where

we could have not only governmental access but educational access would be important and they

would put that in the letter as well. Comcast also requested a letter from the city that states that

we held the evaluation session and that they are in full compliance with the franchise agreement.

He said he thought he was willing to write a letter to say that we did the first part, we held the

evaluation session but whether they are in compliance with each jot and tiddle of the franchise

agreement was the purpose of the evaluation session. He said he would be happy to write a letter

telling the corporate office that we had an evaluation session but not do the second part. That

was the just of the meeting that he with the Comcast representative.

 

Consideration of Bids, Contracts and other Expenditures

 

Award bid for storage building

 

Mayor Snyder said City Attorney Mr. Bates informs him that the approval of that motion

requires a majority of the elected Council and we only have 9 members present so we had a

majority of those present but we didn’t have a majority of those present and he thought the

Mayor only voted in the case of a tie. Mr. Bates said you are going to have to vote in this case

because it requires a majority of those elected and the expenditure of the money requires a vote

on the majority of those elected so it takes 6 votes to pass that motion. Mayor Snyder voted yeah

on the measure bringing the vote to 6 yeas, 4 nays and one absent; motion carried.

 

Public Announcements

 

Mayor Snyder wished Alderman Anderson a Happy Birthday this Saturday.

 

Mayor Snyder said it was also the 9th Anniversary of September 11, 2001.

 

Mayor Snyder said he would not be here next week at the workshop meeting and that Alderman

Busby would be running that in his absence.

 

Lincoln, Illinois

September 7, 2010; Page 8

 

Alderman Busby made a motion to adjourn the meeting and Alderman Anderson seconded

the motion. There were nine yeas (Alderman Anderson, Alderman Bacon, Alderman Busby,

Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, Alderman

Tibbs, and Alderman Wilmert), zero nays, and one absent (Alderman Armbrust); motion carried.

 

The City Council Meeting was adjourned at 8:04 p.m.

Respectfully Submitted By:

 

Risa Riggs

Recording Secretary