PUBLIC HEARING: 5TH STREET ROAD PROJECT

Lincoln City Hall, Council Chambers

700 Broadway Street I Lincoln, Illinois

Tuesday, August 29, 2018

The Public Hearing of the City Council of Lincoln and the Logan County Board was called to order by Mayor Seth Goodman at 6 p.m., with proper notice given. The hearing was held in regards to the 5th Street Road Project.

Present:

Alderman Steve Parrott Alderman Tracy Welch Alderman Ron Fleshman Alderman Ron Keller Alderwoman Michelle Bauer Alderwoman Heidi Browne Alderman Jeff Hoinacki Alderman Dayne Dalpoas

Present:

City Administrator Elizabeth Kavelman City Clerk Peggy Bateman

Treasurer Chuck Conzo Police Chief Paul Adams

Building and Safety Officer Wes Woodhall Streets Superintendent Walt Landers

Absent:

City Attorney Blinn Bates Fire Chief Mark Miller

Presiding:

Mayor Seth Goodman

Hanson Professional Services, Inc.:

Mrs.Julie Ship with Hanson Professional Services,Inc., offered a project overview. She's been the project engineer for the street for the past seven years, she said the project is a small segment of a 10 mile roadway improvement.

One segment would be a roadway widening. That segment has been going on since 2005. In 2009, the project was at a halt while the city secured funding. Since then, construction plans have been reviewed by Illinois DOT. After about 10-15 years, they're ready to build it. They're waiting for final steps to get it completed.

Crawford Murphy & Tilly, Inc. (CMT):

Mr. Stan Hansen with Crawford Murphy & Tilly, Inc. (CMT) came forward to offer an update on the land acquisition. He introduced Amber Knox who is the land acquisition lead. He said the

1.5 miles of roadway, to construct this would require about five more acres of additional right of

way. Due to funding, they have to go through the Uniform Act. He said it's the evaluation process, the appraisal, the negotiation process etc. to ensure the funding will be eligible. He said 19 properties have been agreed to, however, there are still 21 parcels they are looking to acquire. He said the goal of part of this meeting is to give an update, and to also answer questions about the process and land acquisition.

Illinois Department of Transportation (IDOT):

Mr. Chris Isbell, the Local Roads and Streets Engineer for IDOT then came forward. He said there are quite a few different pieces of funding for this project. Federal funds of $2.2 million earmarked, there are high priority project funds in the amount of $762,000, there were Illinois Jobs Now state funds, through a mini-capital bill many years back. He said there are emergency relief program funds through the state in the amount of $285,000, there are arrow funds, federal funds in the amount of $75,000, Logan County has earmarked their MFT, just shy of $500,000, and the city was committing around $2 million. Part of that was for storm sewer work and a bike path. It's around $7 million earmarked.

Some federal funds have been expended in reimbursements to the city. Today, they've been reimbursed over $400,000 in engineering and some $200,000 in right of way costs. One of his questions is-if the project does not succeed, what happens? Funds would be recaptured by the federal government or reallocated to other cities in the district.

Another scenario-the Federal Highway Administration could request that the funds be repaid to the federal government. He said things are more competitive, funds are tighter ... they could request at least the right of way expenses-more likely than not. He said we only have so much money that covers 15 counties and 187 municipalities. He wants to know if the project is not moving forward so he can reallocate the funds to other projects. Those are some questions from IDOT's perspective.

Logan County Engineer:

Mr. Brett Aukkamp, the county engineer came forward and said the county initiated the project back in 1995. The entire corridor is 10.3 miles, up to Middletown.The county has jurisdiction over a small portion of the corridor.

A lot of letters have been sent, and meetings had been had over the years. That's how the county and city secured the high priority funds.At some point the county needs to decide how to move forward with their funds.

Property Owners Affected IPublic Comment:

Mayor Goodman turned things over to Mr. Greg Basford, who owns a packaging company along the corridor. He's in favor of having the project approved. He said they have a big water

issue. He said there's no storm sewer on their side of the road. He said the widening of the road-with their tractors and trailers would be helpful. From his perspective, they would appreciate the ability to have curb/sewer.

Next, Mr. Robert Meinershagen came forward, he said he owns farm ground along 5tti Street. He has previously been in favor of the project, however, as project plans shifted, he grew concerned. He's received several different letters over the years. His concern was all the paperwork was in his wife's name, she was on the trust. He has not received any communications from CMT for over two years. That was a concern of his. He said it's not the landowners' responsibility to go to CMT and find out what's happening. He opposes the bike

path. The farthest point south is in front of his son's home. He's not opposed to the road project, it's more the bike path.

Mr. Damion Marmion came forward then, he and his family live along 5th Street and Westminster. He said they've been associated with this project since 2002. His two concerns are the water and quality of the street. His basement drains into a tile that goes into a ditch. He requested the city come out and drain out the ditch. He said for the last three years he goes out and does it by hand. He grades it by himself. He said their now basements out there no longer flood. People do run their sump pumps out to the street.

He said the water is a big giant mess, especially after it rains. He said they also have issues

with the asphalt and pot holes. He said one to three times a month, cars spin out of control. He's surprised there hasn't been a major collision there. People spin out in his yard all the time, in the ditch. He's concerned the roads have gotten so bad that there will be a major collision.

Another obstacle is the speed limit. He said people are just flying. He's amazed no one has died, because the road is that bad. He said he's not exaggerating. Hejust wants to get the road fixed and the water to drain. He said maybe pave it-that would be nice at this point.

Mr. Ben Conrady came forward, he lives on Canterbury Lane along 5th Street, and has been there since 2008. He said he's on the lower end of water coming off of the Meinershagen field and into his house. He said his biggest concern is the design along 5th Street. He said there has to be an open ditch because there is so much water runoff. He said the blacktop the township put in does not have a problem. It's around Hicksgas Propane Sales & Service. He questioned why there needed to be a three lane road. He said there could have been two roads put in for less than the price of what the city is facing now.

Mr. Douglas Muck came forward next, he said he has some interests out at the area. He said he and his sister own some parcels. He said a number of people have talked to him about this, but he hasn't gotten many calls back. He agrees 5th Street is terrible, it tears up their cars and trailers. He said the road needs to be revamped. He first heard about the project well over 20 years ago from Ron Fox, the county engineer at the time.

He said they have issues with Lincoln Industrial Park. He said he's not getting any answers.

He's notified by city officials. He said Ithink they missed a land owner, Helitech Waterproofing & Foundation Repair. He said they're paying a lot of employees, he committed to help them a long time ago. He wants to know what is being done on the county portion of the project.

He also has concerns about the bicycle path. But the folks he sees in the winter, he sees people walking down their gravel road and pushing bikes to get to Walmart. He proposed to trade, sell, give-a bicycle path to get to the railroad track. That was over a year ago. He said that is a bit

of a problem. He said 5th Street needs to be done, he's concerned about the width of the bicycle path . .. he said every college, university has these bike paths. He's not sure what the safety stats are, but they could compromise on those issues.

He also shares concerns over water problems. He said he had Myers Industries ready to donate some land so Malerich Drive could be extended to 5111 Street. He said they didn't even get a phone call back. He said people in this room simply don't trust what they're being told.

He brought up the idea of a road, straight over to Walmart. He said it is dedicated, but it is not finished. He said we've offered to donate land for the roadway. He said when calls go unanswered, people get upset. He said he forgives, but he doesn't forget.

Mr. Steve Klem then came forward, he owns Picture This. He said there's a serious water problem. He said it doesn't drain, it just sits there. His building sits on a slab, and it's dangerous. He said he doesn't get the bike path. He said he rides a motorcycle, and it's very dangerous.

He's tired of wasting time on this and hopes they come to some conclusion of some kind.

County Board Member, Dave Hepler had a question about the timeframe for the remaining 21 properties. Stan Hansen said the goal was to acquire the remaining parcels by the end of 2018. He said there could be some individual meetings with city and county representatives. He said if we're still at a standstill, then we'll have to decide what's the next step. He said if we get another 15-18 parcels, we need the other 21 parcels. He said really-by the end of the year.

Mr. Hepler against asked what the timeframe was and not what the goal was. Mr. Hansen said if we don't agree to take a further step, if we're at a stalemate, if we're not in favor of proceeding beyond the stalemate, the likelihood is slimmer.

Mr. Dave Lockenour had a question. Mr. Hansen said the need for the project is there, but the need for the right of way needs to come to the forefront.

All 40 parcels have been appraised, reviewed and offer packages have gone out, but they have not reached an agreement. City Administrator Elizabeth Kavelman brought up a quick claim deed. Mr. Hansen said they are not requiring a warranty deed. Mrs. Amber Knox said there are few occasions where they would accept a quick claim deed.It's not IDOT's preference at all, but they are open to it.

Mrs. Carla Bender said she lives on the corner of Westminster and 5tti Street. They have not been extended an offer that they would even consider, because they have not received an estimate for relocating landscaping. She said she's asked for further conversations.

Mr. Hansen said the fence would be off of the right of way or onto their property, but the landscaping would be in the proposed right of way. As part of the settlement, they could relocate the landscaping, or it could remain with the understanding that it would be in the right of way.

She said those are the things we need to discuss. She's open to it, they support the project. She wants to see the project to move forward.

Mr. Robert Meinershagen asked when he could be contacted about changing the name on his offer. Mr. Hansen asked theoretically if they could proceed with the same appraisal. They could potentially make a new offer to the two individuals, as there were titles to two different ownerships.

Mr. Ben Conrady wanted clarification on the ditch and the bike path. Mr. Hansen weighed in. Mr. Greg Basford was curious if the funding would still be there.

Mr. Chris Isbell said he'd fight (IDOT) to keep the funds in the district. He said it'd be a battle with the Federal Highway Administration. Funds, in order to be moved, have to have legislators' approval. He said the Federal Highway Administration is becoming stricter.

County Board Member, Emily Davenport asked about the difficulty/ease of cutting out the bike path. It would take some redesign.

County Board Member, Kevin Bateman asked how many are we shy? The county's portion is around 6.5 miles. Of that, 43 parcels need to be acquired, the county has acquired 40 so far.

Mr. Brett Aukamp came forward to give detailon the remaining three.

Mr. Bateman said just for the public's knowledge, he asked if their section was four times as long as the city's section.

He said their section is four times as long, they have all but three parcels . . . he said they also have a wind farm getting ready to go in-so they are pushing for this road. He wants the wind farm to help them rebuild the road. He said we're sitting and waiting, waiting on the city-we're good to go. He said their section does not have a bike path in it.

He said he feels sorry for the city council, he said none of these people were involved, the can has been kicked down the road, and now the deadline is here, he feels sorry for the council. But as a taxpayer who lives in the city and drives the road, he would be someone who would say, remove the bike path, fix the water problem, and fix the road.

Mr. Ben Conrady asked a question [inaudible]. Mr.Brett Aukamp addressed him.

Alderman Tracy Welch asked about acquiring parcels. He wanted to know what the holdup was. He said he's heard at least three landowners saying they have not been contacted. He said they're putting the council in a position to have to think about eminent domain. He said we need to talk about the reality of the sewage mandate. The project has a financial impact to the city. He said the city does not have $2.8 million sitting in a coffer. He said we'll be back to

issuing bonds. He said that is how we get the reputation to spend, spend, spend. He said if we can't secure the parcels, we need to talk about a downscaled project.

Mrs.Carla Bender brought up the vote.Alderwoman Michelle Bauer said $2.8 million dollars is what the city needs to acquire. The entire project is upwards of $7 million.

She wanted to know what the city needs to do to obtain this. Alderwoman Bauer said the reason is because we're at an impasse as a city-how do we proceed. We're in favor of the project, but we cannot proceed without the parcels.The council's hands are tied. They can't get anywhere, they're going to lose the funds if they do not get the parcels. She said without the parcels, we cannot commit to the project. She said she's 100% ready to fix the road, but are we just cutting our losses and going to eat the $700,000            she said we're at a place where we didn't know where the impasse was.

Treasurer Chuck Conzo said it could be covered through alternate revenue bonds, or bonds through the tax levee.He said if alternate revenue bonds are used,it would be paid off out of the GeneralRevenue Fund . . .it would be a city debt for a very long time.

Alderwoman Bauer said we would not have to come up with those funds in 2019.Mr. Isbell said IDOT would award the contract, oversee the contract, and would pay the contractor up front and then turn around and invoice the city for their portion.The final invoice would not come untilthe project is 100% completed. That could take a year or more. Payments to IDOT could be spread out over a number of years. They don't have to budget the $2 plus million over one year.

Mrs. Bender said so the city would wait for all properties to be acquired? Treasurer Conzo said the council would have to vote on the bond. Mr. Bateman wanted to know what the total cost was for the city. It'd be around $7 million.

Mr. Muck said he's responsible for 4-6 parcels in the city's corridor and he's been calling for almost a year to try to get together and resolve the issues. He said he's gotten no response. He wanted to figure out the communications issues. Better communication and quicker communication-he said would be good. He said we're running out of time.

Mr. Bateman said if his math is correct-he then went into the length of the city and county roadway portions. Alderwoman Bauer said it's apples to oranges. She said the bike path is something we can easi y get rid of.

Mr.Aukamp said the project was started back in 1996, there are certain standards that need to be applied .. .it's around 4,000 cars a day for the city's traffic. In the county portion-standards change.

Mrs.Wanda Lee Rohlfs said at some point the design was done without the bike path.She wants to know why they'd have to put in more design work.

Mr. Bateman said he sees what Wanda is saying . . .he said can we just pull the file out of the drawer.

Alderman Tracy Welch said with the old design, does that reduce the need for the parcels. He wanted to focus on step one. He said quarterly contact with parcel owners is not going to cut it. He will be glad to go to the table to talk to the parcel owners on the city's behalf. He thinks the next step is to get with . . . Mrs.Kavelman . . .to get the complete list. He said we've got to take some action now.

Mr. Hansen said he'd welcome that opportunity. He submitted a list of all the property owners they want to reach out to. He said then we'll settle, but if we don't come to concurrence or agreement ...what is the city willing to do, if we don't come to a settlement. There may be other things to do, if we cannot settle. During the meeting they could decide how to settle the parcel.

Alderman Dayne Dalpoas wanted to establish that Mrs. Amber Knox, was the direct contact in the room for parcel owners for the evening. He mentioned having an update at every council meeting going forward.

Mrs. Bender said she's not sure what is going to be in front of her house at this point.

County Board Member Chuck Ruben talked about putting the item on the highway meeting's agenda.

Alderman Steve Parrott asked if we remove the bike path, will that change the agreements with the parcel owners? He wanted to know if they needed to decide if they'd go back to the 2005 plan, or if they try to get as much land as they needed. He thought there might be some disagreement on the bike path.

Mrs. Julie Ship said she thinKs the design of the plans prior to the bike path, might not be actual plans-she does not know what these would have looked like, saying it could havejust been a discussion-it could be just something that was not developed. Alderwoman Bauer wanted clarification on the redesign after the utility redesign. Mrs. Ship weighed in on the cost of relocating the utilities and why they decided to just redesign the path around the utilities.

Alderman Welch talked about having CMT come back, share information in PowerPoint form etc. He said let's get those people together . . . [inaudible]. He wanted to know how soon they wanted to get together and schedule meetings. Mr. Hansen said as soon as possible.

Mr. Isbell said he'd schedule a public open house, and not another forum . . . for more private conversations. He said it keeps it out of a formal setting and it gets around having to actually have council members there. He said in an open house setting it's a little more free . . .

Alderman Welch said whatever it takes.

Alderwoman Bauer asked if they'd be comfortable if the plans were present and the correct people would be in the room . . . Mrs. Bender said she just wanted to see how the project

looked . . . Alderwoman Bauer said the plans could then be posted on the website.

Alderman Welch wanted something the landowners could see and wrap their heads around.

Adjournment:

Mayor Goodman called others forward to speak under public participation.There being none, Alderwoman Bauer motioned to adjourn, seconded by Alderwoman Browne. The Public Hearing adjourned at 7:38 p.m.

Respectfully Submitted By:

Alex Williams, Recording Secretary