Lincoln, Illinois

City Council Committee's Meeting

February 14, 2012

Minutes of the City of Lincoln City Council Committees' Meeting held in the Council Chambers on Tuesday, February 14, 2012.

Those present were Alderman Anderson, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert. Also present were City Engineer Mr. Mathon, Fire Chief Miller, Street Superintendent Mr. Jackson, Safety and Building Officer Mr. Lebegue, Police Chief Greenslate, and EMC Manager Mr. Palmer. Also present were Mayor Snyder, City Clerk Mrs. Gehlbach, City Attorney Mr. Bates, City Treasurer Mr. Conzo, and Recording Secretary Mrs. Riggs.

Mayor Snyder called the meeting to order at 7:00 p.m. There were nine Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, Alderman Tibbs, and Alderman Wilmert) and two absent (Alderman Armbrust and Alderman Tibbs).

The Pledge was recited by all.

Alderman Armbrust was ill and Alderman Tibbs was traveling according to Mayor Snyder.

Rich Sciortino, President with Brinshore Development gave a presentation on a housing development behind Wal-Mart (land owned by the City). Brinshore Development is currently in Indiana, Illinois, Iowa and Wisconsin multifamily housing. Been in business 18 years, element of affordable housing, keep rent low, variety of people can live there. Brinshore is trying to work in the soccer fields but the futbol club will lose one field. The financing for these types of developments come from the Illinois Housing Development Authority (IHDA) and the IHDA have very specific rounds where they open rounds for financing and there are two each year with one being in December and one in March. It requires that Brinshore has site control. There is a pre-application, a letter of interest from the City and that is sufficient. You get results in 2-3 weeks that you are invited to submit a full application. The full application requires a lot more with a market study, environmental study, some soil work, and requires more in depth architectural, zoning. They were here to see if the city was in favor of it. Mr. Sciortino said the rent range is $225.00 to $560.00 per month for a three bedroom. There some restricted and some unrestricted and the income level is $15,000.00 to $40,000.00. Mr. Sciortino said he was asking to purchase the land and Brinshore was not looking to do a TIF.

Mayor Snyder said they need a letter from the City that the City is interested and willing to work with Brinshore. The process for the City selling property and the one probably for this instance would be to have the land appraised and negotiate a selling price no less than 80% of the appraised value. The restrictive covenant on the land behind Wal-Mart specifically forbids any type of commercial enterprise that would compete with Wal-Mart. The covenant does not explicitly state that residential is allowed there.

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Mr. Bates said it says it can be used for industrial or commercial. The attorney that Mr. Bates worked with in 2008 has not responded to Mr. Bates’ call. Mr. Bates went online and found who the real estate agent is and called and left a message for him to call as well.

Mr. Sciortino said he needed from the City a letter of interest from the highest ranking official. The zoning has to be in place before submitting the full application. It is not uncommon to go through the pre-application twice. A formal marketing study would be in the next step. The road would be put in to the edge of Brinshore’s property and probably a little further to gain access to the new parking lot that Brinshore would build for the soccer fields and bring utilities up to that point.

Alderman Anderson thought it was good they were even talking about a development in Lincoln and hoped it would go well.

Mr. Sciortino said when they did their first site plan they were not aware that the soccer fields were laid out. When Brinshore looked at the Google maps they could see where the fields were laid out. Mr. Sciortino said he had not spoken with the gentleman running the futbol club but the futbol club is losing one junior soccer field. The units do not have garages and it is all surface parking. Mr. Sciortino said he thought these apartments are a little nicer than Brainard’s Landing. The financing for low cost financing you have to restrict the incomes of people that live within the building. This will house 120-130 people.

Fire Chief Miller said as it moves along the fire department will be able to determine the need for fire and water supply issues.

Mr. Mathon said one of his concerns was circulation, access and the length of the roadway. The topographical issues are because of drainage area that it serves.

Mayor Snyder said with the soccer fields and being able to work around that, it gives it a finished feel. The issue Mr. Mathon pointed out that does not affect but something for the City to think about. There is railroad right of way that goes along 5^th Street which is about 60 feet.

Mr. Mathon said it is not right of way yet. Mayor Snyder thanked Brinshore Development for their interest. Mayor Snyder asked to have this on agenda to approve authorization for a letter that they would need for the application and authorize the appraisal for the land out there.

The Mayor asked for the Committees' Issues to be Presented:

Insurance:

Chairman Alderman Bacon did not have a report.

Sanitation/Technology:

Chairman Alderman Wilmert did not have a report.

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Sidewalks, Forestry and Lighting:

Street Superintendent Mr. Jackson did not have a report.

Ordinance and Zoning:

Chairman Alderman O’Donohue said everyone should have received a large packet from Mr. Lebegue.

Mr. Lebegue said he got information from other communities on how to take care of properties that have been abandoned, fire damage, etc., what regulations were, classifications of structures were. Mr. Lebegue tried to pick out most relevant and easiest to plug into our existing structure. Definitely think make clear that a boarded up structure is a nuisance. Kankakee made the statement that boarding something up is a temporary solution and not a permanent fix. Mr. Lebegue would like a six month window, if deemed vacant and met the criteria they gave a six month window and required to be registered and pay a fee to be registered (annual) that would have to be paid after a period of time for that vacant structure. Clearly put in ordinance if not fit for habitation clearly a nuisance (shut off water, heat, and sewer). If a home is detrimental to the neighborhood’s value thought it was something to consider as well. Found in Bloomington had three options; prosecution, conviction, and assessment of penalty. Get an order for the city to abate it and tear it down or otherwise place a lien or to get a court order to force the defendant to do the action and if not done then held in contempt of court. Instead of a lien could take a personal judgment in small claims court. Furniture not designed for outdoor use shouldn’t be outside.

Alderman Anderson said the City has several owners of properties that have multiple condemned properties. If the City implements the new ordinances and votes on them does the six month window begin when it is passed?

Mr. Bates said yes. Mr. Bates said another thing they have to understand that everything Mr. Lebegue has pointed out for the most part is adding things that are nuisances. The only recourse for nuisances is fines, will not get the building torn down, and cannot force the building owner to tear that building down unless Judge Funk is willing to hold the homeowner in contempt by not bringing it up to code. A violation of a nuisance ordinance is not in and of itself by the wave of a wand going to make these problems go away. All it is going to do is give you a vehicle to impose very hefty fines for ordinance violations for these property owners. Each and every day they are in violation it will be an additional fine. The result will not be to get them torn down but will be the leverage makes the person succumb and they do tear it down. The only way to force the demolition of a building in this state is the same way I have told you time and time again. You have to petition the circuit court with a demolition order. That law does not require an ordinance. An ordinance requiring specific nuisances is only going to give you more avenues to impose a fine on people that have boarded up buildings or abandoned buildings or vacant buildings.

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Mr. Lebegue said thought if the City added one more criteria to unsafe structures to that and state in there that an uninhabitable home is an unsafe structure. Mr. Bates said the violation of nuisances if a fine only event.

Alderman Wilmert likes the six (6) month time frame. Mr. Bates said they don’t have to wait six (6) months to file a nuisance action on Broadway because it is uninhabitable.

Alderman Hoinacki liked the part in Danville about registering the building. Mr. Lebegue said it would be a great thing if they could get inside to look at. Mayor Snyder said with Danville it looks like if they have an uninhabitable building they have one of three options. Mr. Lebegue said if they don’t follow through they get into a fine structure with that criteria. Mr. Bates said don’t forget you have to have someone to enforce all of this to collect fines, fees, registration, etc. Mayor Snyder thought they should add the outdoor furniture.

Mr. Lebegue said he wanted to incorporate the registering of the properties and some cases he is tracking with the newspaper with the foreclosures. The big problem is finding the property owner after they run away from the property. The six (6) month window with boarding up is fairly generous. There are other factors than boarding up such as fit to live in or other aspects of the nuisance. He wants to address the property owners that have multiple properties but did not know what the success rate would be.

Alderman Neitzel asked if it would address what Pat Moos wants. Mr. Lebegue said this will address some of the issues but could not say it would be the magic cure. Alderman O’Donohue agreed with everything that has been said. Mr. Lebegue thought they were making progress.

Mr. Bates said just so they are clear with Mr. Moos and the only way to satisfy Mr. Moos is to cause that building to be demolished. Unless the City authorizes the money to do that for the lawsuit that it takes to do it and foot the bill for the cost of demolishing the City is most likely not going to get that accomplished through the nuisance processes. It will take a long time before the fines will be high enough to force the owner to stop and tear down.

Alderman O’Donohue agreed but people are getting away with this stuff and making a bigger problem for the City. It should have been done 10-20 years ago.

Mr. Lebegue said it seems to him that the City wants something along the lines of Bloomington and will incorporate some of the other and will bring it back at the next workshop. He will also bring their version of the top 10-12 homes that can used as an example of what they will try to address.

Alderman Neitzel thanked Mr. Lebegue for his work, very impressive and very detailed.

Police Chief Greenslate said Paul Adams brought to his attention that as of January 1, 2012 City municipalities that are not home rule can charge fees for arrests and towing.

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Police Chief Greenslate said his understanding that any municipality may administer fees for arrests and for towing due to arrest. Mr. Bates asked who administers it.

Police Chief Greenslate said his idea is the people are released they have to pay the fee to the Police Department then the person arrested has to get something from the Police Department to take to get their vehicle back. He wants to charge a reasonable fee to cover the cost of his officer sitting there filling out paperwork, inventorying their vehicle, waiting for the tow truck and he has one officer that all he does is runs the paperwork, keeping track of everything on the vehicles and send the people letters when they don’t pick up the vehicle. He was suggesting One Hundred Dollars ($100.00) for tows and a separate fee for Forty Dollars ($40.00) for arrest.

Mr. Bates asked that can be collected.

Police Chief Greenslate said his understanding that the County keeps accounts and records what they take in. There are people that are repeat offenders and if the offenders stay for a while, people come put money on the offenders’ commissary account the fees can be taken out of that. If the offender doesn’t have the money this time it will be added on the next time.

Mayor Snyder said the right to impound the vehicle does it include someone that has a excessive amount of unpaid parking tickets. Mr. Bates said that is a separate issue.

Police Chief Greenslate said a merchant had mentioned having an option for a tow boot or towing people with multiple unpaid parking tickets. It has also been mentioned to him about increased fines for repeat offenders.

Alderman O’Donohue asked if they wanted a change in the ordinance so they could collect fees for towing and arresting. There were several that said yes. Alderman O’Donohue asked if everyone wanted Police Chief Greenslate to pursue. Everyone said yes. Alderman O’Donohue asked to wait until they downtown study for the grant is done for the parking issues. Mayor Snyder said the City has some thick stacks of unpaid parking tickets. Mr. Bates asked if they could wait there is a new program with the comptroller’s office trying to collect some past due parking tickets, fines, sewer bills, etc. and he is waiting on some information to collect past due fines.

Streets and Alleys:

Chairman Alderman Neitzel said she did not have a report.

Police:

Chairman Alderman Hoinacki said he had a petition for the St. Jude Run for May 19 to collect money at the corner of Broadway & McLean from 9:00 a.m. to 3:00 p.m. and asked to have on the Consent Agenda.

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Sewer Treatment Plant, Sewers and Drainage:

Chairman Alderman Busby did not have a report.

Mrs. Gehlbach gave an update on the sewer collections. The Clerk’s office has sent over 30 letters and turned 5 over to the water company. The sewer office has received $18,925.00 and collected this afternoon over $1,400.00 which brought the total to $20,381.00.

Mayor Snyder said one of their chronic individuals had someone pay what was owned which was almost half. Mayor Snyder said the City Clerk and Deputy City Clerk are doing a yeomen’s job. A part time person has started today.

City Clerk Mrs. Gehlbach thanked Police Chief Greenslate for allowing Mrs. McCabe to come over during the afternoons to help out.

Alderman Busby asked what the engineering was for on the sprinkler system. Mr. Palmer said this is for processing water in the plant and the system we have now is on its last leg. Mr. Palmer didn’t think the money was in the budget. Mr. Palmer said they might be able to band aid the problem.

Grounds, Buildings & Local Improvements:

Mr. Bates said the farm lease has not been renewed yet for the 2012 crop year. Kent Cross said last year’s terms would be fine. Mr. Bates said when they settled up for the year Mr. Cross would like to see a cap of $400.00 per acre. Mr. Bates said that is a bit contract of the variable rent lease because the City won’t get as much in down years and in good years the City would capture more. Mr. Bates recommended they renew under the same terms and asked to have it on the agenda. It was put on the Consent Agenda.

Fire/Water & ESDA:

Chairman Alderman Horn said Fire Chief Miller passed out some things tonight. She asked to have on the agenda the bid specifications to buy a new vehicle for the fire department.

Fire Chief Miller said this is a replacement vehicle for the Chief’s vehicle (SUV). This will be out of G.O. Bond.

Fire Chief Miller also passed out a packet of information for the repairs on one truck and is getting numbers for a new truck. The repairs this year could have been a payment. Specifications have not been put together. Financing rates are 3.3-3.9% for 5-15 years.

It was put on the agenda for approval to go out for bids.

Finance, Policy and Procedure:

Chairman Alderman Anderson said the budget meetings will be March 10 and 24 from 8:00 a.m. to noon.

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Alderman Anderson said they are in the process of getting budget spreadsheets together. Projected income is not going up and there will be areas that will have to be cut. She commended the department heads. The Police Chief is generously loaning one of his employees to the Clerk’s office to help. There have been several other department heads helping out with fuel and other budget crisis.

City Treasurer Mr. Conzo said the City has received $20,000.00 from Monsanto for the Enterprise Zone fees. Mr. Conzo said City Clerk Mrs. Gehlbach helped with a follow up call.

Mayor Snyder said they got the check from Railsplitter Wind Farm. He thought a portion should be used to redo the website.

Mayor Snyder said a letter was received from the Mahomet Aquifer Consortium Regional Water Study Planning Committee. A March 29 meeting is planned in Urbana.

Mayor Snyder said February 18 Jacksonville Development Center will be hold a save JDC open house.

Mayor Snyder said he had several magazines if anyone wanted to have reading material.

Alderman Busby made a motion to adjourn the meeting and Alderman Neitzel seconded it. There were eight yeas (Alderman Anderson, Alderman Bacon, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Wilmert), zero nays, and two absent (Alderman Armbrust and Alderman Tibbs); motion carried.

The City of Lincoln Committee’s as a Whole Meeting adjourned at 8:33 p.m.

Respectfully submitted,

Risa Riggs, Recording Secretary