Lincoln, Illinois
February 6, 2012
Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, February 6, 2012.
Mayor Snyder called the regular City Council Meeting to order at 7:00 p.m. Acting City Clerk Mrs. Gehlbach called the roll. There were eight Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert) and two absent (Alderman Busby and Alderman Tibbs). Also present were Fire Chief Miller, EMC Manager Mr. Palmer, Street Superintendent Mr. Jackson, Safety and Building Officer Mr. Lebegue, and Police Chief Greenslate. Also present were City Treasurer Mr. Conzo, City Clerk Mrs. Gehlbach, Mayor Snyder, City Attorney Mr. Bates, and Recording Secretary Mrs. Riggs.
Those present recited the Pledge of Allegiance.
New Business/Communications:
Swearing in of Probationary Fire Fighter
City Attorney Mr. Bates swore in Christopher Perrine as a new firefighter.
Public Participation:
Mr. Pat Moos said he was back for another meeting from December on the property at 1020 Broadway. He did receive a copy of the six page document that was sent to Mr. Drake and he thought everyone here had received it. Basically to follow up on this Mr. Drake came out and put a few pieces of plywood up on the porch and a bundle of shingles. Somehow, five pages of documents of code enforcements, with that being all that he did somehow he is back in code violation. Not quite sure how a building that has been vacant for ten years that the floor joists are rotted to the dirt how does it come back to be in code so where it is safe. He would like to know who inspected it or who is inspecting this and obviously he didn’t think anybody was. He asked Mayor Snyder if he had been personally out and looked at the property.
Mayor Snyder said no hasn’t been because that is the job of the Building and Safety Officer.
Mr. Lebegue said he has been inside the home, the floor joists are not rotted, the floors are intact throughout the structure inside with the exception of the front porch where there was rot and there is not floor joist rotting in that home. He walked through every room of that house. It is not habitable and he would agree with that. There is no electrical, no plumbing, no water, and the home is not being lived in and our current code does not address uninhabitable homes. That is one reason why he is going to address that with some code changes within the next few weeks. The home is not in livable condition and hasn’t been lived as he states for a good number of years and for that reason no one can live in it. He walked throughout the home and there is no ceilings collapsing throughout the house that would have been a clear indication of water coming through that home and that is not the case.
Lincoln, Illinois
February 6, 2012; Page 2
Public Participation “Mr. Moos”
Mr. Lebegue said at least from that standpoint he can’t say that that home is falling down it is not.
Mayor Snyder said to Mr. Lebegue that he had given the Council a memo as to what had been done.
Mr. Lebegue said he did pass out a memo on the 23rd of January explaining what had been done and what the status was and what he was doing in response to that because he saw the lack of what our code has relevant to these types of homes and the language that he was going to be bringing forward will specifically address homes that are being abandoned for a good period of time, set limits on how long they can be left and things of that nature. This is a good example of why it is needed because you have a house here that has sat for a good number of years. We have numerous cases all over the city of the same exact situation. Those are the types of homes that will be addressed with the code changes. Going forth with the code that we have as we stand right now he didn’t believe they would be as successful as we will be in the near future.
Alderman Wilmert said we had him on, if I remember that right, we had him on several violations and then he fixed up.
Mr. Moos said all he has fixed, first of all he didn’t know where Mr. Lebegue was at because obviously the front floor is completely rotted and gone and full of black mold and it is down to the dirt. I’m kind of upset that he’s not telling you the truth guys. I will meet anyone out there tomorrow and we’ll look at it together.
Alderman Neitzel said she had been by his house five times to talk to him.
Mr. Moos said well I work ma’am what you did do was you told my 18 year old son that has no involvement in this that I shouldn’t be mad at Mr. Lebegue because he is doing a good job. He interrupted Alderman Neitzel and said what does that have to do with my kid.
Alderman Neitzel said nothing with his kid he happened to be there. Mr. Moos said we don’t discuss that. Alderman Neitzel said ok alright. Mr. Moos said he works and he ain’t at that property everyday. Alderman Neitzel said she didn’t know that. Mr. Moos said ok so why are we discussing with an 18 year old kid. Alderman Neitzel said your son told me you would be back in a half an hour and I waited for you to come back and you weren’t there. Mr. Moos said you are not inspecting mine you’re inspecting the one next door. Alderman Neitzel said she knew that. Mr. Moos said did you look at the front entrance. Alderman Neitzel said no she did not she was going to wait until she talked to him so he could show her.
Mr. Moos said you don’t need my permission to look at this if it was me writing it up I would have already written it up.
Lincoln, Illinois
February 6, 2012; Page 3
Public Participation “Mr. Moos”
Mr. Moos said this isn’t new and he has been dealing with this since his dad passed away and he had been dealing with it and this isn’t a new thing. It has been there 10 years rotting. What are we going to do?
Alderman Wilmert said change the code. Alderman Neitzel said change the code.
Mr. Moos said let me read this because this is what you guys gave me. I’m sorry if we are not reading this together but a structure not fit for human occupancy, the structure is unfit for human occupancy whenever the code official finds that such structure is unsafe. He asked if it was unsafe.
Mr. Lebegue said yes it is unsafe but it is not safe according to our code Pat by our criteria, you read each of those criteria it is not unsafe by our current code. Mr. Moos said if you do not have a floor you can walk in you are telling me that is a safe structure. Mr. Lebegue said he will be correcting that and he has until March 1 to correct the front floor on that front porch. Mr. Moos said really this says January 7th.
Mr. Lebegue said he and I have talked about it since that night. He made corrections to the roof and he will move forward.
Mr. Moos said it hasn’t gotten taken care of in ten years and I seriously doubt it will be taken care of again. This is a waste of my time coming up here. It’s sad to see that nobody, you guys are almost on their side. This guy hasn’t paid taxes on ten property and he owes the county $50,000.00 in back taxes and I’m feeling like I’m the one breaking the law. Shouldn’t you be on my side? I am the one putting money back into the city.
Mayor Snyder said we’ve told you, Mr. Lebegue has said the current way our codes are written that with the work that is to be done it would be in compliance with the codes but Mr. Lebegue is working on changes to the codes that will require additional work to be done.
Mr. Moos said the codes are right here, read them. It says lack of maintenance, dilapidated structure I mean does anybody want to go down there with me tomorrow and see if those things aren’t in here. I know you guys have drove by it tell me that them things aren’t in that that structure is fit, obviously if he can’t see the floor is rotted out who is writing the codes. This floor is completely gone, black mold is toxic, if anybody is aware of that. Is that unhealthy? Yes you guys wrote the codes we just need to enforce them. These aren’t things I wrote guys these are things you wrote to me that anybody can read. I don’t get how you guys thought that $60.00 of ply board and a bundle of shingles made a 15 year structure that is basically is falling down up to code.
Mayor Snyder said Mr. Lebegue any response. Mr. Lebegue said no.
Lincoln, Illinois
February 6, 2012; Page 4
Public Participation “Mr. Moos”
Mr. Moos asked if anybody had been by there, anybody looked in the window, is the floor gone. Alderman O’Donohue said the front porch floor has been talked about is rotted. Mr. Moos said it is not a front porch it is the inside of the house this ain’t a porch. Alderman O’Donohue said I use front porch because there is a door behind it. Mr. Moos said there wasn’t. Alderman O’Donohue said it looked like it to him and it is not his property so he didn’t go through the house or anything.
Mr. Moos said he understood that. He guessed he was starting to see the frustration that his father went through with nobody doing nothing and obviously if this is why he never came up here but this is the crap he had to go through and the support he got for serving mail for this city for 33 years. I don’t know if you guys are playing on the right team.
Mayor Snyder said to stand there and say that nothing has been done is inaccurate. Mr. Lebegue has explained that he met with the individual that he gave him a list of things to do. He gave him a deadline to do it and some of those things have been done correct.
Mr. Lebegue said that was correct. Mayor Snyder said a deadline is quickly approaching.
Mr. Moos asked what document they were looking at. Here is the one that I got and on the back page of my document there is a list of all that stuff and that’s where mine says January 7th, 2012. I don’t see anywhere it says March 1.
Mr. Lebegue said he and I have been in contact with one another since that time Mr. Moos. You are not privy to that.
Mr. Moos said he was not going to waste any more of their time he didn’t feel that anybody is supporting anything here. I probably have been approached by 50 people since December either in the grocery store, Wal-Mart, walking down the street, guys this isn’t happening just on Broadway. This person has got 4 buildings in a six block radius, what are two, three or four blocks from the courthouse here. This isn’t just happening to me.
Alderman Armbrust said there are a few close to him. Mr. Moos said there are actually two on Broadway and one on Pulaski. Alderman O’Donohue said he owns 18 properties in Lincoln. Mr. Moos said he was just telling them about the people that have approached him and said they are having the same issue thanks for at least saying something. Mayor Snyder believed that Mr. Lebegue has said and the Council has heard him a couple of times.
Mr. Moos said what scares him that Mr. Lebegue thinks that that building is back up in code and he didn’t see the whole floor joists are rotted. I don’t think they are going to make a lot of progress the way we are going. This isn’t personal toward you this is business.
Lincoln, Illinois
February 6, 2012; Page 5
Public Participation “Mr. Moos”
Alderman Neitzel said did you hear Mr. Lebegue said that he wants to change the codes. Mr. Moos said the codes don’t need to be changed. Alderman Neitzel said he says it does. Mr. Moos said what needs to be changed about a structure that is unfit that is um health hazards, the structure not maintained and cleaned. Mr. Lebegue said the problem with those is they are quoted from the building code that we do not use right at the current time. Mr. Moos said ok.
Mr. Lebegue said that is why Mr. Moos that is why we are changing everything. If you would have given me a moment the other day I could have told you that.
Mr. Moos said what building code are we off then do we have one currently. Mr. Lebegue said currently the code goes back to 1986. Alderman O’Donohue said Mr. Moos you called me today and I talked you and you told me to look online and told me you know. Mr. Moos said that is where he got it. Alderman O’Donohue said that’s where I got it. Mr. Moos said if someone was legally looking at this that is where you would go right.
Alderman O’Donohue said it was the Sterling Codifiers and the confusing thing the Codifiers do talk about the BOCA code in quite a few ordinances. It doesn’t appear that we actually use BOCA code as a standard.
Mr. Moos said it is on your website.
Alderman O’Donohue said I understand it is in there but what I am trying to explain is that if you were to read it you would think we are following the BOCA codes to the letter in some cases. You can read whatever you want I thought we were following the BOCA codes as he was reading it but as you get down into some of the others we are not following the BOCA codes and we have our own ordinances that supersede the BOCA codes. The BOCA codes don’t apply to this and they don’t apply to that. It is extremely confusing and there is not a well.
Mr. Bates said he thought the problem was with the BOCA code and the city code does adopt the BOCA code as the official code of the city. The BOCA code does not have any enforcement provisions and our code lacks the enforcement provisions to be able to do something when it violates the code. Is that correct?
Mr. Lebegue said that is correct as it stands right now.
Mr. Bates said the problem they run in court is yes there may be a lot of BOCA violations right now but the BOCA code doesn’t give us any ability enforce those violations and until we get something in the code that gives us the ability to enforce those things in the BOCA code we don’t have any legal recourse against guys like this which is one of the areas that is going to be adopted in the code so we can then say ok here is the BOCA violations which you have a list of. Now we can enforce those when people are violating them.
Lincoln, Illinois
February 6, 2012; Page 6
Public Participation “Mr. Moos”
Mr. Bates said our code gives us nuisances which doesn’t define this as a nuisance. Then it gets us into the dangerous buildings which we talked about before where we have to get a demolition order. So until Mr. Lebegue can get something worked into the code making all the BOCA violations actionable by us we can’t enforce it. That is one of the major areas that is going to be incorporated in the code. Once we get the teeth of enforcement for the BOCA violations then we can do something.
Alderman O’Donohue said would it be unreasonable to set a time frame. Mr. Bates said he thought Mr. Lebegue said he was coming on the 24th.
Mr. Lebegue said he was working on them now. He is simultaneously working on the building codes as well as this code change.
Alderman O’Donohue said that’s fine can we, he knew that Mr. Moos was not the only person concerned about this and other people are concerned about this and this has been something that is 20 years in the making. I disagree that he has done nothing. He thought he had done stuff and he has gone and looked and done those things and disagreed with him.
Mr. Moos understood that he never went and looked at. His concern was that they are not looking at the same things.
Mr. Lebegue said they were. He saw the front floor.
Mr. Moos the day after the guy put the roof on there is a hole that the cats come out of. I could walk within and show you two more holes in the foundation, a hole in the roof that he just put in there and he sells oil. If you want to walk tomorrow call him and they can go do this. I don’t want you calling down on what I see and I don’t doubt what you see, if we walk together maybe we can see it together.
Mr. Lebegue said that was fine. Mr. Moos said he was willing to do that.
Alderman Anderson said she thought what Alderman O’Donohue was trying to get at Mr. Moos that Mr. Lebegue said you are working on this and that you were going to bring it. Mr. Lebegue said right the code changes for the city code I want to try and get adopted by the end of this month so we’ll have something stronger within the city code. Alderman Anderson said do you have a timeline. Mr. Lebegue said the other probably within another month. Alderman Anderson said we would expect to have something that we can vote on by the end of the month. Mr. Lebegue said that is correct. Mr. Bates said once we have something we can enforce then we can take him to court and then we don’t have to go try to demolish the property and pay the expenses of demolition but take him to court for violating code. Mr. Lebegue said correct. Mr. Bates said right now there is nothing in the city code that we can take him to court.
Lincoln, Illinois
February 6, 2012; Page 7
Public Participation “Mr. Moos”
Alderman Armbrust asked Mr. Lebegue what level BOCA code as his understanding there have been updates. Are you looking at the latest one?
Mr. Lebegue said the BOCA ceased to exist a number of years ago and it is now called the International Council and their latest code is 2012. That is what is being worked on and will be brought forth. There will be numerous amendments to that for the local amendments relative to certain aspects and that is what we will be using the most up to date code there is on the market.
Alderman O’Donohue said so can I use the timelines for the end of the month and say that we will have them the 28th City Council workshop meeting.
Mr. Lebegue said that would be his guess or the changes to the city code not the building yet because he still had more codes to go through. He is looking probably another month or two before he brings forth the building. He said if they get the city code stuff that would help.
Alderman O’Donohue said the city is what we need for enforcement. Mr. Lebegue said that is correct. Alderman O’Donohue said this is not unreasonable to say that we would have this by the March 5th meeting. Mr. Lebegue said it would be easily done. Mr. Bates said it has to be put in Ordinance.
Mr. Moos said do I understand this correctly that we really don’t have code under structure right now. Mr. Bates said we have code that will let us get into court in this type of circumstance other than seeking to demolish if it is an abandoned and unsafe structure.
Mr. Moos said I am just trying to educate myself. Let’s say the building down here the old depot. The roof is gone deteriorating there is no code for that it is just an unsafe structure. It can’t be forcefully.
Mr. Bates said unless we can pull it in under the nuisance provisions of the code which is what we have tried to do for a number of years. We have gotten derailed in that attempt with some decisions so we are no longer able to do that. What we have been doing as a measure of not having to go through a demolition action and we are no longer able to get that accomplished now we have a code that says the BOCA violations are violations we can just upon that basis which is what we are going to get. We have been using the nuisance provisions for a number.
Mr. Moos said the answer to my question then is there really isn’t a code that you guys can force right now. Mr. Bates said there is in terms of demolition but the city cannot afford to do that.
Mr. Moos said if that doesn’t happen then basically these buildings can sit here for another ten years and I can’t do anything about nor can anybody else. Obviously that is what has happened the last ten years.
Lincoln, Illinois
February 6, 2012; Page 8
Public Participation “Mr. Moos”
Mr. Bates said no that’s not what’s happening. Mr. Moos said ok then why are the ones that are already at that condemned list not being condemned. Mr. Bates said there is no condemn list. Mr. Moos asked why there were stickers on houses. Mr. Bates said he didn’t know about that and what had been taken place.
Mr. Moos said the one on 1320 Broadway has a condemn sticker. He said it was in their office because when he was there last year it was on your desk. He was told because they thought they had 1020 but it was mixed up with 1320. The one on 1320 was supposed to have been condemned the one next to me nothing. That is why I am getting confused why we are condemning some and don’t have a code to reinforce the others.
Mr. Bates said they don’t have any condemning authority in his office so he didn’t know what he was talking about. It was probably one of the ones that we were trying to address by nuisance.
Mr. Lebegue said it was and were basically told they couldn’t advance it.
Alderman O’Donohue said all the laws at the state and federal level are designed for the benefit of the owner of the property. Mr. Moos said obviously. Alderman O’Donohue said homeowners rights have always trumped he meant for the most part the city’s rights.
Mr. Bates said the main recourse historically to this type of situation is the demolition action as we have talked about many, many times. In fact when the cities were a little more able to pay the expenses of demolition that is what we did. He remembered doing it under Pete Andrews in 1985 they did demolition.
Mr. Moos said get him back. Mr. Bates said it is not him it’s the money. Mr. Moos said apparently he knew how to get the money. Mr. Bates said they had money then.
Alderman O’Donohue said they also didn’t have to deal with the asbestos abatement laws that have come into existence since then and we have to have it clean from an asbestos point of view. It is not just a matter of $10,000.00 knock down a building here we would knock down buildings if that was as simple as it was. Asbestos abatement can be $20,000.00 to $30,000.00.
Mr. Moos said he was just telling them that it is taking down the property value and he is not the only one that is concerned in that block. There are four elderly people that every time they see him pull up are you getting anywhere this is crazy. How can they not see this deteriorate in front of their eyes? Mr. Bates said believe it or not you are getting somewhere. Mr. Moos said he didn’t like coming up here and being confrontational but it seems like that’s the only way. Mr. Bates said there has been a lot going on since you were last here. Mr. Moos said he appreciated that. Mr. Bates said it is going to get done. Mr. Moos said he had people coming up to him and saying they have the same issues next to him.
Lincoln, Illinois
February 6, 2012; Page 9
Public Participation “Mr. Moos”
Mayor Snyder said there are issues in every municipality across the country with abandoned properties. We’re not alone here he meant that Mr. Lebegue fights weekly with banks trying to find who the owners are of these properties. It is particularly bad because the grass grows we cut the grass and they have to pay for it and we are trying to find out who owns the property. The banks are not cooperative in that effort and sometimes it is somewhere on a coast. Municipalities all across the country are fighting this battle with abandoned properties and we’re trying to attack it the best way that we can. He knew that Mr. Lebegue’s office has been actively pursuing different routes and it is frustrating for all of us but it has not gone unnoticed and it’s not a problem that we are taking lightly.
Alderman O’Donohue said for now as I understand it Mr. Lebegue you and Mr. Moos have agreed to meet tomorrow sometime. In addition to that the teeth that we are talking about the teeth in the city ordinances you are going to get around the 28th of February to go over.
Mr. Lebegue said he would have the material for them and would probably be sending it out Thursday of this week for you to review for discussion next week but then after that it is just a matter just deciding what course we want to take, what language you want to incorporate and we go from there.
Mr. Bates said we have to put it in ordinance form. Mr. Lebegue said the first meeting in March is probably the best time frame. Mr. Moos said how did we, I mean you wrote this up and gave it to him and he fixed them what you did worked you just didn’t write enough in there to fix. Mr. Lebegue said there is a reason why because we can’t enforce like our attorney explained to you.
Mr. Moos said that is not necessarily true Mr. Lebegue I keep hearing what we can’t do, obviously it worked. We wrote up and sent him.
Alderman Wilmert said the two enforceable things. Mr. Moos said we didn’t make him do any of this and we sent him a documentation that said this needed to be fixed and he did fix just the roof. Alderman Wilmert said he fixed just enough to get by and still be in compliance is that correct so we are changing it, get it. Mr. Moos said no, he didn’t get it because it is in here that he didn’t fix it but he’s ok. Alderman Wilmert said that’s right legally. Mayor Snyder asked if there were any other questions we have a game plan. Mr. Moos said thanks.
Lincoln, Illinois
February 6, 2012; Page 10
New Business/Communications:
Approval to proceed with jurisdictional transfer of IDOT roadway near Four Corners Lube
Mayor Snyder said they had a memo before them from Mr. Mathon regarding Hickox Drive right-of-way. This actually came up since our workshop meeting we had back in January to talk about agenda items. He explained the issue and believed he might have sent out an email about this. There was an encroachment involving IDOT right-of-way with regard to the Four Corners Lube which Rick Farney was here and is the owner of that. He has poured a pad and a portion of the pad extends out into the right-of-way that the State of Illinois has on that frontage road that runs in front of Four Corners Lube. He wouldn’t say that it is actually in the roadway but it is in the right-of-way and he thought there was some confusion on where exactly the property line was and where the right-of-way went. There was a meeting last Thursday morning out at Mr. Farney’s facility with engineers from IDOT as well as permitting folks from IDOT, Representative Brauer was there, and Mr. Mathon and he were there with regard to the City.
City Clerk Mrs. Gehlbach passed out the memo from Mr. Mathon.
Mayor Snyder said what they had originally talked about was doing a jurisdictional transfer of the right-of-way from IDOT to the city. The city would vacate the right-of-way to Mr. Farney but that option wasn’t workable because a jurisdictional transfer from the state is conditioned upon the continued use of the right-of-way for roadway purpose. Another option to try and alleviate this situation is that portion of the frontage road could be declared excess property by the state which would then allow Mr. Farney to purchase it from the state. The time frame for IDOT to go through the process is about 18 months. Mr. Farney has the pad poured and wants to expand his business and doesn’t want to let it sit there for another 18 months. We basically discussed an option where we might be able to marry the two of those together to allow something to happen a little quicker. A resolution that is mentioned here in the memo would involve these things: Mr. Farney would request that his property be annexed by the city, right now the only portion of that pad is in the city and the rest of his property is in the county. This resolution that we would like to proceed with would involve Mr. Farney requesting his property be annexed by the city. IDOT would then provide the city with an estimated dollar amount for accepting the jurisdictional transfer that Hickox Drive way and IDOT does that. They provide dollars to local government any time there is a jurisdictional transfer, then upon acceptance of the jurisdictional transfer the city would be able to grant a conditional permit to Mr. Farney for the right-of-way encroachment for that portion that extends on the right-of-way. When we accept the jurisdictional transfer the city would be responsible for maintenance of that frontage road. To my eyes it’s not in too bad of shape. Mr. Farney would also pursue a declaration by IDOT that the right-of-way in question be considered excess property so that it actually could be vacated perhaps 18 months down the road and then he could actually acquire that and he would actually own that portion of the right-of-way that would be vacated.
Lincoln, Illinois
February 6, 2012; Page 11
Approval to proceed with jurisdictional transfer of IDOT roadway near Four Corners Lube
Mayor Snyder said it is kind of the combination of the two, jurisdictional transfer that would allow us to issue a conditional permit to construct the building but then also the pursuit of the excess property declaration so he would eventually end up with the property once that jumps through all the hoops that IDOT would require.
Alderman Neitzel said would we be responsible for the snow removal on that. Mayor Snyder said they would with the jurisdictional transfer we would. Alderman Neitzel said any mowing involved.
Mayor Snyder said he guessed there would be mowing out there. We are going to be assuming the mowing of the little portion down and in front of the hospital.
Mr. Jackson said correct it would be roughly 250 feet South of Stahlhut Drive and it would be everything now North that they would be mowing.
Mayor Snyder said the city had received a grant to purchase trees for the tree grant we got and part of those trees, had a discussion with IDOT about planting those trees out in front of the hospital property there and the state right of way and the State landscape architect said if we wanted to plant the trees there then we had to take over the responsibility to mow it. This would involve us mowing that portion as well.
Mr. Bates said we cannot annex anything without a survey. We have to have a description. I don’t understand the step about how we can grant a conditional permit when we don’t own the ground even if we annex the property in we have to transfer the jurisdiction because the city doesn’t own the ground. How can we grant a conditional permit on something we don’t own it.
Mayor Snyder said as they understand it they have the jurisdictional authority after the transfer is made then to grant the conditional permit of that the portion that extends out into the right-of-way. He asked Mr. Farney if he wanted to address the Council with anything that I have missed here.
Mr. Farney said he did own Four Corners Lube and what he would really like to do is buy a 50 X 75 piece of land from you for his expansion. He would like to get it put into the city which he thought was only fair like they had talked that might be a viable situation. As it is right now he is out of ground and his business has grown in six years to where he needs more space, luckily. He did make a mistake and built on state property, no doubt about it.
Mr. Bates asked what the cost to move the pad was. Mr. Farney said a lot and he had no where to go. Mr. Bates said you can’t go to the West. Mayor Snyder said it is actually to the corner of the building. Mr. Farney said he can’t go south because there was a water line put in in 1895 or something so I can’t cross that. Mr. Bates said the city can’t sell you what we don’t own.
Lincoln, Illinois
February 6, 2012; Page 12
Approval to proceed with jurisdictional transfer of IDOT roadway near Four Corners Lube
Mayor Snyder said what he is talking about is if it were to the point where it would be declared excess property by IDOT then you could acquire it.
Mr. Farney said according to Rich Brauer, from the state. Did I misunderstand something from Rich Brauer?
Mr. Bates said we wouldn’t own it and never would.
Mayor Snyder said the city wouldn’t own it, right. The city would have the jurisdiction to be responsible for it but the state would still own it. For that excess property process to play out then the state would be selling excess property to you.
Mr. Farney said as far as mowing it and everything we take care of all the mowing and to his knowledge they have never mowed it in six years. Mayor Snyder said right now it is the state’s responsibility. Mr. Bates said when you say you mow it what do you mean. Mr. Farney said out to the road all the way down in front of Manley Monument is mowed by us. Mayor Snyder said the second page of the memo has how far back that goes. Alderman Neitzel asked how many feet they were over. Mr. Farney said 8 feet. Alderman Neitzel said wouldn’t it be better to just make a 40 X 70 building.
Mr. Farney said the pad is 24 X 36 and is 36 wide by 24 long in an essence he could cut it his pad off and make it a smaller building but he’s asked countless people on the setback law and nobody can answer his question. It is not easy to go in and cut half the foundation you will just have to go back in and redo it. If I have to that’s what he is getting towards.
Alderman Neitzel thought it would just be easier to cut that off and go from there. Mr. Farney said that is something you never want to do. Alderman Wilmert said they are willing to surrender that piece that he has built on, right. Mayor Snyder said right. Alderman Wilmert said we need to annex it and to put it in simple form. First we have to annex it then we get rights, don’t own it but give rights to be responsible for it at which point we can tell him it’s ok.
Mayor Snyder said the reason his property is in the county now and he had asked for permits. What caught this originally was when Will D’Andrea’s office caught that it was over the right-of-way so that is why they didn’t issue him the actual permit to build the building.
Mr. Farney said he did have a permit from the county. Alderman Wilmert said but the complication is it is on state owned property.
Mayor Snyder said they are willing to transfer jurisdiction to us with some dollars to help compensate the city for the consumption of the maintenance and responsibility for that.
Lincoln, Illinois
February 6, 2012; Page 13
Approval to proceed with jurisdictional transfer of IDOT roadway near Four Corners Lube
Mayor Snyder said by having the responsibility for that portion of the roadway we could then issue a permit for that portion to be, at least according to what Mr. Mathon has said and the IDOT engineers we could issue a conditional permit for the acceptance of the right-of-way encroachment.
Alderman Neitzel said for 18 months then they give him a title. Mayor Snyder said right, so basically we are coming to the Council and asking for approval for this process to play out. Mr. Bates asked where the city limits are now on this picture and asked what it is they are going to need to annex. Mayor Snyder showed Mr. Bates. Mr. Bates said what he didn’t understand was what was preventing him from coming back to the West and asked what was in the way of the pad coming back to the West. Mr. Farney said my other new building.
Mayor Snyder said this doesn’t show where the pad is but shows the encroachment. The pad actually goes all the way almost to the corner of the building.
Mr. Farney said 6 foot from the corner of his building. Mr. Bates said is the new building not on there. Mr. Farney said it should be. Mayor Snyder said the pad goes almost all the way back to the corner. Mr. Farney said the white square is the new shop and the pad is 6 foot from the corner of the new shop going east. Mayor Snyder said this is only showing the 8 feet that encroaches on the right of way so you said it is 36 wide and 28 more feet back toward your building. Mr. Farney said right. Alderman Wilmert said without having to ask a business owner to fundamentally alter plans even though a mistake was made and the state is willing to go along with this and since the process has been laid out does anyone fundamentally have an issue with going ahead and proceeding through this providing we get the right information to the attorney and go through all the hoops. Mayor Snyder said that is the question they are asking. Mr. Bates said the city is going to forever undertake the maintenance responsibilities of Hickox Dr. to solve his 8 foot encroachment. Mayor Snyder said until such point that it would be declared excess, a portion of this would be declared excess property and sold to him. Alderman Neitzel said who would be responsible for the roadway. Mayor Snyder said once it would be sold yes. Alderman Armbrust asked what would be declared excess property just that strip with the tracks on or we will still be hung up on the road.
Mayor Snyder said he did not know if at this point if we know how much would be declared excess property. How much of the roadway would you want to purchase?
Mr. Farney said he would like to purchase 50 X 75 and at this point he would purchase anything they would let him. Mayor Snyder said that is not up to us. Mr. Farney said he knew he messed up. Alderman Wilmert said if they could just get the pad issue resolved he would be ready to build on this taking jurisdiction you saying us being forever responsible for the entire roadway there.
Lincoln, Illinois
February 6, 2012; Page 14
Approval to proceed with jurisdictional transfer of IDOT roadway near Four Corners Lube
Mr. Bates said if they transfer jurisdiction they are going to transfer all of this and he didn’t know how far the drive went down there (on map). Alderman Wilmert thought the jurisdiction was just over the piece. Mr. Bates said they are going to transfer the whole thing to the city. Alderman Wilmert said ok so what do they currently do with their jurisdiction right now that we wouldn’t do they maintain it or does the county do it what does it really mean that we take it over. Mr. Bates said the people along here say whether they want it improved, maintained, plowed or want it patched, fixed and right now they can just tell the state. Alderman Neitzel said doesn’t it run in front of Manley Monument. Mr. Jackson said it would be us patching it, seal coating just like 5th Street. Alderman Wilmert asked who maintains it now. Several said State of Illinois. Mr. Jackson said if we do take it over then we add it on our mileage to other city streets where we get more money also because they pay us by the mile. Mr. Bates said they give us some money up front then they would give the city some money for anticipated maintenance for a certain period of time.
Alderman Armbrust said he didn’t want to be picky about a little mowing but we’re already mowing the Postville Courthouse because the state can’t afford that. We keep doing more patching and he thought in reality they have one riding lawnmower and then one is on a tractor. How much manpower can we devote even down to the hospital? Would it be worth it to put up a couple of trees?
Mayor Snyder said he thought Mr. Farney said they would take responsibility for mowing this so he didn’t know if mowing was even an issue here. He would entertain a motion to approve the proceeding with this to happen or whatever the Council’s preference would be.
Alderman Wilmert moved to approve with proceeding with jurisdictional transfer of IDOT to the City of Lincoln for that piece of roadway as it has been laid out here and Alderman Horn seconded it. City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs); motion carried.
Mayor Snyder called for the Consent Agenda by Omnibus Vote:
Payment of bills
Approve the minutes of the August 9, 2011 Committee as a Whole Meeting, January 3 and January 17, 2012 Regular City Council Meetings
No installment payments on delinquent sewer bills with the exception of previously approved agreements
Mayor Snyder said they needed to remove the No installment payments on delinquent sewer bills with the exception of previously approved agreements
Lincoln, Illinois
February 6, 2012; Page 15
Consent Agenda
Alderman Anderson made a motion to approve the Consent Agenda as presented allowing for the removal of item c on the delinquent sewer bills and Alderman Horn seconded it. Mayor Snyder asked if there was any discussion. City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
Approval of any items removed from the Consent Agenda
No installment payments on delinquent sewer bills with the exception of previously approved agreements
Mayor Snyder said not to belabor the point but he just thought this needed perhaps a bit of clarification more than would be allowed by approving it under the consent agenda. To clarify we would need a motion on a statement that it would be the city’s policy that there would be no installment payments on any delinquent sewer bills from this point forward with the exception of any agreements that had been previously approved. We do have a draft installment payment agreement for the one situation that had been discussed with the prior City Clerk so they were going to present that to the individual and try to get that all lined out so there is a clear understanding what responsibilities are there but then this statement would be that there would be no other installment payments approved and that could be the motion or you could make the motion say whatever you would like. Just so we would have clarity on the motion we would go forward.
Alderman Anderson made a motion to approve going forward no installment payments on delinquent sewer bills will be accepted and Alderman O’Donohue seconded it. Mayor Snyder asked if there was any discussion on this.
Alderman Armbrust said he could understand not wanting to set up a payment plan. It takes a lot of bookwork but I am having a hard time getting by that a man can’t come in here and give you a lot of money and say put it on my bill. That might be very sporadic but I think we could use the cash, maybe I am looking at it wrong. Even with credit cards where you’ve had some bad stuff happen. It’s been explained to him that you could do that but you would probably want to get it in writing because most of those are probably sold off.
Alderman Wilmert said you said something similar at the meeting at the park district and the attorney pointed out that we take the money but it wasn’t going to stop the action at that point. Alderman Armbrust said there is no stop we are just taking your cash and we are not stopping the $25.00 late fee and not stopping anything but I am really looking at some of this back then. Alderman Wilmert said that is an installment payment then.
Lincoln, Illinois
February 6, 2012; Page 16
No installment payments on delinquent sewer bills with the exception of previously approved agreements
Mr. Bates said we take payments all the time on judgments and he has told many people that he is not making an installment agreement with you and this due and owing period. If you want to make a payment you can make a payment but I am not agreeing to any installment payments. I am not saying don’t take their money but that isn’t in the form of an agreement on our side where we are going to agree to take so much so often we are still going to proceed with the shutoff action unless it is paid in full.
Alderman Bacon believed they clarified that at the last meeting. Alderman Hoinacki said we will accept money from people if they want to pay we’ll take it.
Mr. Bates said I have to caution and if they walk in and say I’m giving you $100.00 every month there has to be a disclaimer we are not making that agreement and not agreeing to that installment. That is why he takes the money first.
Alderman Hoinacki said the disclaimer is a statement that says we will take no installment payments and we’ll take whatever money they want to give we are just not getting a structured installment payment plan.
Mr. Bates said we will still proceed with the shutoff. Coming in and paying a lot of money is not going to stop that water shutoff notice and if they are five days from getting shutoff and they want to bring in $500.00 on a $3,000.00 bill you take the $500.00 but they are still going to have the water shutoff.
Alderman Anderson said in that respect it would just be less that they would have to pay to get it turned back on. The flip side of this is she thought the public needs to know that we are serious and this is a serious issue and she had some issues with not doing the installment plan but we just don’t have the capability in our Clerk’s office right now to even entertain that notion and don’t have the manpower. That’s out but for those individuals that have been fortunate enough so far to not have received the shutoff notice they might want to start making some payments now before they get their notice because it will continue.
Alderman Neitzel said she was figuring it up and she felt that if they were going on the installment plan it would take another person down there just to take care of the installment plan. What we are doing is we are telling the people of this town that we are thankful they are paying their bill every month. We want everybody to pay their bill every month and this is not an enjoyable time for us to have to go to shutting the water off but she didn’t think they ever thought the city would be serious but when you are owed $300,000.00 in back payments we have to do something.
Alderman Wilmert said where are we there has been a motion and a second? Mayor Snyder said yes and asked if there was any discussion.
Lincoln, Illinois
February 6, 2012; Page 17
No installment payments on delinquent sewer bills with the exception of previously approved agreements
City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
Ordinances and Resolutions
Ordinance 2012-741 authorizing the purchase of the Neal Property along Sangamon Street
Mayor Snyder said there was an error on the agenda and it should be 2012-741. Alderman O’Donohue moved to accept the Committee’s Report and Alderman Wilmert seconded it. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried. Alderman O’Donohue moved to accept Ordinance 2012-741 authorizing the purchase of the Neal Property along Sangamon Street and Alderman Anderson seconded it.
Mayor Snyder asked if there was any discussion. It outlines the offer that has been made for the property.
City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
Bids:
There were no bids to come before the City Council.
Unfinished Business:
There was no Unfinished Business to come before the City Council.
Reports:
There were no Reports to come before the City Council.
New Business/Communications:
Development Agreement between the City of Lincoln, John & Barbara Blackburn d/b/a The Blue Dog Inn
Alderman O’Donohue moved to approve and Alderman Wilmert seconded it.
Lincoln, Illinois
February 6, 2012; Page 18
Development Agreement between the City of Lincoln, John & Barbara Blackburn d/b/a The Blue Dog Inn
Mr. Bates said one of the reasons for the prior ordinance to buy the real estate is to support the expansion anticipated by The Blue Dog Inn and I say one of the reasons but the real estate you just approved purchasing is going to allow the city to put in angle parking on the Southeast side of Sangamon Street and it will benefit all of those businesses in the area and not just the Blue Dog. They were somewhat the moving force in this agreement and it sets forth that in exchange for the city proceeding with that angle parking project as opposed to parallel parking they are going to undertake their expansion project and it outlines the anticipated expansion and the anticipated additional employment that will be associated with that the additional contemplated revenue that will be generated to them and the city and felt they should at least get that in writing and one of the reasons we are doing it.
City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
Approval of Architect for Street Department Facility
Alderman Wilmert moved to approve the contract between Farnsworth Group and the City of Lincoln for the for the Street Department Facility inventory and assessment agreement revised January 20, 2012 for the services outlined there and Alderman Anderson seconded it.
Mayor Snyder said this again is the work that is going to be paid for by ComEd and the other utilities that are responsible for the cleanup of 3rd Street Garage ground the ground under the 3rd Street garage. You will notice there is a proposal that describes the scope of service at the front as well as deliverable and also the pages at the back with general conditions and the City Attorney had some concerns with some of those general conditions and able to get some of those deleted unlike lots of times we are told take it and they did make some changes and alterations there. He thought it was safe to say that not everything Mr. Bates had a concern about was addressed. The additional limitation of liability on the part of the contractor and that was the big one. Given this isn’t necessarily construction drawings it’s just doing an assessment of the facilities now and the needs we’ll have going forward as well as coming up with an estimate for temporary relocation versus permanent relocation and it is probably a safe assumption on the part of the city that the liability rest there. He asked if there were any questions on this.
City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
Lincoln, Illinois
February 6, 2012; Page 19
Approval of DCEO Grant-Downtown Redevelopment
Mayor Snyder said that it would be the grant agreement. With regard to that it was a lengthy document that we received as you are all aware. We received $675,000.00 downtown grant for the revitalization of downtown. DCEO sent along with that a 34 page grant agreement. I think our City Attorney had much more fun reading that one than he did the architectural contract.
Mr. Bates thought his comment was, he found he had to review it in short segments because he got so frustrated reading it that he has to put it aside.
Mayor Snyder said to help explain to you what the grant agreement calls for he did a document here which is a Q & A. He believed he emailed it to them and they had a hard copy before them. He thought perhaps what they would do was he would just walk down through this to explain some of the highlights of this. He thought it was important to note that cities that get these grants get very little opportunity to change the language of the grant agreement. It’s federal dollars that are flowing through the Department of Commerce and Economic Opportunity so there are restrictions that come with the federal dollars that the state has to enforce. If there is anything in here that anyone wants me to specifically address he would be happy. They have had conversations with DECO and Mr. Bates makes a good point while we’ve had extensive verbal conversations with DECO what is going to govern if push ever comes to shove what is in writing. While we have understanding with DECO and we have no reason to believe they would ever change their mind or things would change this is the way that the situation is now and this is just trying to address some of those concerns. Everything we asked for in the grant application is covered in the grant agreement. If you want to add further things we have to probably get those approved by DECO. We may be able to do some tweaks or perhaps adjust some things but we’re basically restricted by what was in the grant application. The grant does require a cost sharing a match by the city and that is $100,000.00 and this was discussed when the grant application was filed and approved by the Council and filed almost two years ago and there are a couple of different ways we can look at perhaps tackling that local match. Whether it be through infrastructure sales tax funds or maybe we collapse the revolving loan fund and use its proceeds. There are some auditing requirements that if we expend over $250,000.00 federal funds in a single year we’ll have to address that with our auditors. The grant agreement does say that the term of the agreement runs out on September 30, 2013. We probably can get a three month agreement extension because we got the grant agreement late. We actually got it almost three months late. Beyond that we won’t be able to look at much of an extension. We need to have all the projects completed and money expended by the end of 2013. There are federal laws that we need to comply with and that is going to limit some of the projects you can do downtown because you have to comply with federal prevailing wage. You have to comply with things like lead abatement perhaps in painting projects and we will have to be mindful of those things as we go forward. There are some other issues here and he didn’t know if anyone wanted him to touch on any of them. The grant is a pay as you go grant so what happens is the contractors or consultants would do the work, submit their bills then we would submit the request to DECO for that amount.
Lincoln, Illinois
February 6, 2012; Page 20
Approval of DCEO Grant-Downtown Redevelopment
Mayor Snyder said we could either pay the contractor’s which we wouldn’t have the money to do and then get reimbursed by DECO or we can hold off on payment until the funds arrive and pay them directly those funds. It’s not like we’re going to have a check written to us for $675,000.00 just sitting there and earning interest on it but would be a pay as you go situation. The public participation requirements were met when the application was filed. He asked if there was anything else that anyone wanted to have addressed.
Alderman Hoinacki said he couldn’t find it right now but believed there was something in there that we should have a project manager for this.
Mayor Snyder said yes it probably isn’t particularly thought it was on the first page because of the myriad of state laws and regulations particularly with the CEDAP program makes a lot of standard forms available but it is important to retain the project manager that is knowledgeable in federal grant management. He thought whether they would call it a project manager or overall grant coordinator something like that that it’s going to be important whether we retain a consultant or someone like that role to be able to do that.
Alderman Hoinacki asked what the time frame of hiring someone to do that since we are on a time schedule, it seems like.
Mayor Snyder said we wouldn’t be hiring a city employee but engaging a consultant to probably do that. To that end I asked kind of small committee to start work on laying out timelines and how all these things can be met. He has asked Alderman Neitzel, David Lanterman, Barb Blackburn and Bob Neal. That group to lay things out and they need to get things moving as quickly as possible. We need to make sure the organization that we have kind of overseeing this is knowledgeable in federal funds management. He asked if there were any other questions. You are certainly welcome to read the 34 pages. We need a motion and a second to approve my signature to be added to the city’s approval of the grant agreement.
Alderman O’Donohue moved and Alderman Neitzel seconded it. City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
Approval to use Nicholson Road Right of Way
Mayor Snyder said this is what City Engineer Mr. Mathon brought to the Council workshop meeting two weeks ago about laying fiber down Nicholson Road with regard to the connection into Lincoln College. He did not bring with him the document that Mr. Mathon provided.
Lincoln, Illinois
February 6, 2012; Page 21
Approval to use Nicholson Road Right of Way
Mayor Snyder said if you remember it CMS’s request to permit to locate underground conduit within the city’s right of way. Mr. Mathon would recommend the permit be issued subject to the following conditions the final approval of final construction plans be granted by the City Engineer, that the permit grant non exclusive right of use, expenses related to the relocation of conduit be the responsibility of the permittee, if as determined by the city the conduit interferes with any construction or other work performed by on behalf of the city, surface restoration in comply with existing city code depth of 48 inches minimum, and consideration of the installation of a drop accessible for Adams School with regard to that fiber if the state is amenable to. He asked if he had a motion and a second permitting that permit under those conditions.
Alderman O’Donohue moved and Alderman Neitzel seconded it. City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
Approval of Consultant for Electric Aggregation
Mayor Snyder said the small city committee met with the representatives with the county following our meeting on January 24. He said Alderman O’Donohue was part of it, Alderman Wilmert was a part of it and it was a consensus of that group that we recommend to the city and county, the board that represents the county board recommend to the county board that we approve ICCAN as the electric aggregation consultant that we would utilize. He thought those of us that were present that evening, which he believed everyone was, he thought it became rather clear during the course of the evening which consultant provided answers and provided information which was actionable and useful and actually started guiding us that night with which direction they should go. He thought that was the Illinois Choice Aggregation Network. He asked if there were comments from Alderman Wilmert or Alderman O’Donohue. We have not had, Mr. Bates has reviewed the sample contract with ICCAN but we have not yet, we have not progressed down the road to enter into a contract any specifics. I would assume we would want a similar contractual provision like we had outlined with regard to Blue Star, is that correct.
Alderman Wilmert said yes with respect to the time frame. Mayor Snyder said the length of the contract. Alderman Wilmert said correct. Mayor Snyder said ICCAN provided a cost to us not to exceed cost of 20 cents per megawatt and as he understood it that does not include, while it does include some services with leading up to the referendum it doesn’t include things like direct mail. Mr. Bates said direct mail, advertising or promotional.
Mayor Snyder said they will make websites available and they will come and be present at open meetings. There are other things they can do and there are also some other options with regard to how they are paid.
Lincoln, Illinois
February 6, 2012; Page 22
Approval of Consultant for Electric Aggregation
Mayor Snyder said we could pay them directly, we could add their costs onto the utility bills, and the other option is. Mr. Bates said the utility pay them.
Mayor Snyder said he would assume you would want the option where the cost would be added on to the amount of the bill so their services would be built into the cost for everybody. If you remember their costs were 20 cents per megawatt and the other consultant was 75 cents per megawatt so it was basically one third less than the cost of the other consultant. He asked if there were any questions.
Mr. Bates said they have not seen a contract for us. We have seen a sample document and he did when he was looking at it late last week. He thought at the meeting he said there fee would not exceed 20 cents per megawatt hour but the form document says 25 cents. That has to be clarified. He would think the city would want them to bill the city with the understanding we are not going to pay them until we get money from the supplier but the gentleman talked about that where we should pay him direct. We should pay them but with the understanding not until we get the money. The supplier will add that on to the supply contract then the supplier will pay us and we will pay them. If you approve them as a consultant then they need to get us a contract.
Alderman Wilmert made a motion to accept the acquisition of ICCAN for the consultant for electric aggregation subject to getting a contract and Alderman Neitzel seconded it. City Clerk Mrs. Gehlbach called the roll call. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
Mayor Snyder said he had copied and put at their place an email string which he had received with regard to the appraisal firm which we engaged to appraise property on 5th Street and we had the discussion previously with regard to that situation and our disappointment with the way that was handled. You have an email here where I mentioned to them on January 19th that I sent a letter to them on November 1st expressing our concerns about the way their services were provided. We ask that the contract that we had with them be terminated and they refund all the monies that the city paid to them pursuant to the contract. When I sent the email on January 19th he stated to them if they didn’t hear from them by the end of January that he would direct the City Attorney to initiate appropriate legal action against the company. I got a response then on January 30th where the individual said he had brought the individual he had contacted brought the matter up with his superiors and that they would agree to terminate the contract but only with the stipulation that they would update the appraisal and review it at no cost to the city and that they would keep the fees that the city had paid them because they had fulfilled at least a portion of the contractual agreement. My response to them was that he would have to discuss it with them and would recommend that we not accept that offer and instead proceed with legal action.
Lincoln, Illinois
February 6, 2012; Page 23
Mayor Snyder said we can’t take a vote on that tonight because it wasn’t on the agenda but if any of you feel strongly that we should not do that and we should have further discussions with them we can do that but I think I sent them the letter on November 1 and didn’t hear back until January 30th and he thought this has drug on way too and they need to take action. He asked if anyone disagreed with that. He said they would proceed down that route.
Mayor Snyder asked if there was anything else they wanted to bring up this evening.
Mayor Snyder said this Thursday morning at 9:00 a.m. the Economic Development Partnership is holding a news conference out at the future site of the new Aldi’s store to talk about the implementation of the master economic development plan so you are all invited to attend that.
Mayor Snyder said next Tuesday on the 14th Happy Valentine’s Day by the way early. We will have a developer here by the name of Brinshore Development and they are wanting to talk about the possibility of erecting some housing behind Wal-Mart in amongst the soccer fields there. They are working with Futbol club and trying to do the development in a way that would not interfere with what they are doing. An individual with Brinshore will be here to talk about that and introduce us a little bit to their company and what they may be considering.
Mayor Snyder said he saw Alderman Busby on Friday and he thought he had sent them an email and he came through surgery great. He went to Memorial to see him on Friday and his daughter was there and there was no one in the bed. He was behind the door sitting up doing a Suduko puzzle. He had fallen as you probably all know and broke his leg and he has three screws in there and he is going to have a little bit of rehabilitation but he was his usual self. He was appreciative of everyone’s thoughts and prayers. He wanted me to pass that on to you. He wanted me to tell you all hello.
Mayor Snyder said tomorrow they would have the earthquake preparedness
Alderman Neitzel moved to adjourn and Alderman Anderson seconded it. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Busby and Alderman Tibbs ); motion carried.
The City Council Meeting was adjourned at 8:33 p.m.
Respectfully Submitted By:
Risa Riggs
Recording Secretary
City of Lincoln