Seven other aldermen agreed with him, one more than the number required to override the recommendation of the city’s planning commission, which Thursday evening voted 6-3 to deny rezoning the property at 314 S. Jefferson St. from residential to commercial so a Casey General Store could be built on the lot.

Along with Alderman Fuhrer, Aldermen Benny Huskins, David Armbrust, Pat Madigan, Verl Prather, George Mitchell, Bill Melton and Joe Stone voted "yes." The two "no" votes came from Glenn Shelton and Michael Montcalm.

Fuhrer said he feels for the people who go out of business because of competition, but he was elected to make decisions for the entire town, not just one neighborhood. "When I ran, I wanted to see Lincoln grow. We’ve lost a lot of business already. We already have an eyesore by Kroger’s — purple and gold buildings."

He was referring to the site where an auto parts store once considered building. After protests from neighbors, the company withdrew its offer for the property, and the property owners subsequently painted the empty buildings in vivid colors.

Before the vote was taken, several of the aldermen spoke to explain their stand to the audience that filled the council chambers. Joe Stone spoke eloquently for the zoning change.

"I’m greatly disturbed. We have made it increasingly difficult for any developer to come in here and bring jobs and bring money.

"We are looking at a piece of real estate that’s a 10-foot-high mound of dirt. Anything you would put on that piece of ground would look better than what’s there now."

He listed the businesses presently along Fifth Street, from the Postville Courthouse west to Lincoln Parkway, an area Mayor Beth Davis wants to see become a historic preservation district.

"There’s a box factory, an abandoned gas station, a couple of other gas stations, an excavating company, a convenience store, beauty shops, a bank, a real estate office, empty stores. I say to Casey’s that if you want to come in here, I’ll vote ‘yes.’"

"There are legitimate arguments on both sides," Prather said. "I understand McCumber. I’m sure Graue Pharmacy didn’t like Walgreen’s coming in, either."

Cliff McCumber, who with his mother owns the Fifth Street Food Mart two blocks away from the proposed Casey store, had spoken to protest big corporations that come in and put small local merchants out of business.

Verl Prather, too, noted that the vacant lot has always been an eyesore. Replying to comments from those who opposed the Casey store next to the Postville Courthouse, he asked, "How long did that vacant lot sit there next to a historic site? This is an improvement."

Glenn Shelton, however, said he was surprised by the aldermen’s comments, as he thought the council’s priority should be with businesses already in the city. "Make sure they are going well and strong," he said. "Casey’s can only hurt established businesses."

Michael Montcalm echoed the comments of City Attorney Bill Bates, who reminded the council that the vote should be regarded as a zoning issue and not a choice of one business over another.

"It’s a zoning issue, and we got a recommendation from the zoning committee. That’s the way I’m looking at this."

Before the vote, a Casey representative and several Lincoln residents outlined their positions.

Diane Ahern, Casey representative, said the Casey store would benefit the city, hiring 12 to 14 people with a $9,000 to $10,000 payroll every month and paying sales tax on an estimated $1,000,000 yearly.

She said the company has been looking for an appropriate site in Lincoln for three years, a desirable site was not easy to find, and if this site was not approved Casey’s would probably not locate in Lincoln.

She also said she had not heard about the proposed historic preservation district until a week and a half ago. Because the site is in close proximity to other commercial properties and not a desirable home site, she said the company believed it had the potential for a zoning change to commercial use.

Suella Tucker spoke for residents in the neighborhood. "I don’t want a Casey’s in my neighborhood. Do you want Casey’s? Do you want to sit on your deck and look at it? To me it’s that simple. It’s my neighborhood. Represent us, the people That’s what you’re here for," she told the council.

She also submitted a letter to the council signed by herself and seven others in the area.

Main Street Lincoln coordinator Wendy Bell, Jan Schumacher of the Looking for Lincoln steering committee, and Dale Bassi spoke to support the plan for making the area a historic preservation district.

Bell said that Main Street Lincoln is not anti-business and that a historic preservation district does not need to hinder growth. She read a letter from the director of the Illinois Historic Preservation Agency which said that "intense commercial use would be incompatible with the Postville Courthouse" and would have a negative impact on tourism there.

Schumacher said tourism is also a way to bring economic growth to Lincoln, and the Postville Courthouse is a vital part of the tourism program.

Bassi said that last year the state of Illinois spent more than $400,000 on improvements to the Postville Courthouse. Heritage tourism does bring people in off the highway, he said, and when the new Lincoln library opens in Springfield in two or three years, tourism in the Lincoln area could increase.

"There is some momentum going on. Casey’s would hinder rather than enhance the momentum we have gained."

Perry Harris, who owns two lots across the street, spoke in support of Casey’s. He objected to the idea that Casey’s doesn’t conform to the use in the neighborhood, citing a junkyard and an abandoned gas station.

He said if the city wants to use the property at 314 S. Jefferson for a parking lot for visitors to the Postville Courthouse, a suggestion made by Mayor Davis, they should make an offer and buy it.

"The problem in Lincoln is too little traffic and too many parking lots," he said.

Now the Casey corporation needs to get a variance for a setback requirement from the Zoning Board of Appeals, which will hear the request Aug. 23 at 6:30 p.m. If that approval is granted, the company would be free to begin construction.

Campus View Drive is a dead-end street that curves behind Lincoln Christian College. Homes on the street are in the city, but the street belongs to the college. Twelve homes at the far end of the street presently have septic systems, which create problems of flooding and sewer backup for some residents.

At present the council does not have the money to extend the sewer lines to the 12 homes, according to Grant Eaton, sewer plant manager. Putting in a new line and a lift station could cost as much as $350,000, he said. A possible alternative, using a lift station belonging to LCC, would cost the city only $150,000 but would require some or all homeowners to put in ejector pumps, which could cost the homeowners as much as $6,000.

If the city uses the college’s lift station, they might also be asked to maintain it, Eaton said. That would still be much less costly to the city than any alternate proposal. Eaton said he is pursuing grants and other funding sources, which are also needed for the mandatory sewer plant upgrade.

Bill Melton, chairman of the sewer and drainage committee, said he believed the homeowners were entitled to have city sewer service, but pointed out that the council would have the authority to reject any specific funding allocation for the sewer line in the future. The vote in favor of extending sewer service was 8-2, with Aldermen Glenn Shelton and David Armbrust voting "no."

Kevin Bateman, one of the 12 homeowners, said he was happy with the way the city voted. "It was a good-faith vote to put sewers there, to show us homeowners we have not been forgotten," he said.

Bateman and another homeowner, Mike Robbins, have been attending council meetings recently to ask for help with the problems they are having with their septic systems, which are backing up into yards and into the lower level of Bateman’s home.

In other business, the council deferred the request by Logan County for a fiber optic right of way on city property until the next regular meeting Sept. 4, so the city attorney can redraft the ordinance to reflect the final changes. The new agreement will run for 10 years at a nominal cost of $1 a year, and the county will provide the city with two drops which the city can connect to if it wishes. The county will maintain the lines.

The council also agreed to vacate an alley between Adams and Monroe streets, on property owned by Claude Brinner and being used as a trailer court. Brinner owns the property on both sides of the alley, which has not been used as an alley for at least 25 years. No city utilities, in fact no utilities of any kind, are located in the alley, according to city engineer Mark Mathon. Brinner has paid all expenses of the survey.

Fire Chief Robert "Bucky" Washam announced that the fire department will host an open house on Monday, Sept. 3. Parents and children are invited to come and tour the firehouse from 10 a.m. to 2 p.m.

Voting in favor of denying the zoning change were commission members Ron Fox, Scott Cooper, Bob Wood, Leon (Micky) Martin, Dave Klug and Mayor Beth Davis. Voting not to deny the change were Don Miller, Mike Miller and commission chair Betty Gehlbach. The Casey corporation cannot build on that site without the zoning change.

The commission’s recommendation will now go to the Lincoln City Council. City Attorney William Bates, who was present at the meeting, said it would be his guess the council will bring up the issue at its next meeting on Monday, Aug. 20, even though it is not on the agenda.

Bates said the council would probably want to decide if they wished to let the commission’s decision stand, because the issue is scheduled to come before the Zoning Board of Appeals on Aug. 22. The Casey corporation would need a variance in the setback requirements which only the zoning appeals board can grant. If the council chooses not to change the commission’s decision, the board of appeals meeting will be canceled.

Before taking the vote, the commission heard from about a dozen members of the crowd that packed the council chamber. Some spoke in favor of the zoning change and others spoke against it, and not always for the same reasons.

Diane Ahern, representative of the Casey company, told the commission that the company would modify the appearance of the store to be more compatible with the historic Postville Courthouse. However, the company would not make a complete change in the store’s look because its appearance identifies it to customers.

She said Mayor Beth Davis, who wants a historic corridor along Fifth Street from the Postville Courthouse to Postville Drive, had approached her about making the building look like an old-time country store.

The Casey store would employ 12 to 14 people and probably pay a sales tax of about $1,000 a month, Ahern said.

She said Casey’s has been looking for a site in Lincoln for three years, and if this one is not approved, the company will probably not look for another location here.

Perry Harris, who owns property in the area, spoke in favor of the rezoning and allowing Casey’s to build.

"Lincoln seems to be going out of its way to discourage business," he said. He objected to making Casey’s conform to a historic pattern because "There’s a mix of stores down here that don’t conform to anything."

He also pointed out that the Postville Courthouse is a replica and therefore is not truly historic.

Cliff McCumber, who with his mother Judy McCumber owns the 5th Street Food Mart, a convenience store at 1302 Fifth St., objected to "corporate USA coming in and taking over our towns.

"Small businesses care about their communities. If the Little League comes to me they will get a contribution. If they come to corporate America they will get all sorts of red tape. I’ll cash people’s checks. Corporate America won’t."

He said the Casey store would not pay good wages and would not really bring new business to town but would take business away from everyone else. "It’s like a pie. The more people you bring in, the smaller the pieces."

"I am here in support of our local convenience store, Cliff and his family," Pete Fredericks of Pete’s Hardware told the committee. "I think we as citizens of Lincoln should support and lean on one another. I think we can have economic development, but I don’t think Casey’s is the answer."

Larry Goodman of V. Goodman Transfer and Excavating and former owner of Riva’s lot, spoke to support bringing in the Casey store.

"We’re trying to get the property back into production. It’s not like we’re bringing in some sleaze store. This is a quality business. I don’t see many other people willing to spend $750,000 [to develop the property]. The jobs may be low-income jobs, but they’re better than nothing."

Homeowner Suella Tucker, who lives at 403 S. Madison, said she would like to see business in Lincoln but did not want Casey’s to go into that area. "I know it’s selfish, but I don’t want extra traffic, extra lights and extra music."

Jan Schumacher, a member of the Looking for Lincoln steering committee, spoke to support the historic corridor. She passed out brochures for the Postville Courthouse to commission members "as a reminder of the important part tourism plays. Tourism brings economic development. Other small towns are capitalizing on tourism and we need to do this, too."

She said Postville is open more days now that volunteers have been recruited to help staff it. "It had 21 visitors yesterday. Casey’s is not a complementary building. If you look out Postville windows and see gas pumps, that’s not historic."

Before the vote, Bates reminded the commission that they were there simply to vote on the matter of rezoning, not for any specific business. If the zoning is changed to C-2, any business permitted under the C-2 designation would be allowed on the site, he said.

"Is the requested change of zoning in keeping with the comprehensive plan of this community?" he asked.

Commission members called for maps to check zoning in the area. Riva’s lot has R-2 zoning on the north, east and west sides, and C-2 zoning running west to Lincoln Parkway.

Several commissioners said they had mixed feelings about the rezoning.

"I’m really torn on this issue," Mike Miller said before the vote. "I really think it should be commercial."

"I’m on the other side of that," Klug said. "I’m for economic development, and in a sense this tears me up. But I’m voting for my neighbors and friends."

Grant Eaton, sewer plant manager, told the council at its work session Aug. 14 that LCC has agreed to give the city an easement for the sewer line if the city will take over the sewer hookup for the other homes on Campus View Drive, estimated at about 20.

Although the homes on Campus View Drive are officially in the city, the street itself belongs to the college, and the city must have permission to put in the sewer line. The 12 homes at the far end of Campus View, which curves around the back of the college property and then comes to a dead end, have septic systems. Two homeowners, Kevin Bateman and Mike Robbins, have come to the council to complain about problems with sewage backup, because their lots are not large enough for an efficient septic system.

"I don’t think it’s a bad deal. It’s fair to the city and fair to the college," Eaton said, in regard to the easement the college is willing to grant. The other homes on Campus View Drive presently connect to the LCC waste disposal system.

Eaton suggested just running a line that would serve the existing homes, rather than a line that would allow for future growth. He said the existing line serving the other homes line is shallow and will require a lift station with a standby power system.

The question now is whether the council will decide to spend the $300,000 necessary to provide the hookup for the 12 homes, especially as City Attorney William B. Bates gave it as his opinion that the city is not legally required to offer the hookups.

Bateman said the way he read the ordinance, the city has an obligation to offer sewer hookups to an existing neighborhood with septic systems within seven years.

Bates, however, said the way he interpreted the ordinance is that homeowners who have septic systems but who have a city sewer line within reach have an obligation to connect to the city system.

"If that’s the way you read it, I don’t know how you people are going to vote to spend $300,000 for 12 homes," Bateman said.

"I know I speak for all 12 homeowners, that not a soul in this town is going to buy any property out there the way it is," he added.

William Melton, chairman of the sewage and drainage committee, asked where funding might come from.

Eaton answered that the money is not available now but will be when money comes in for the sewer plant upgrade. He said more and more people are asking to be connected to the city sewer plant and that the council needs to consider raising rates to pay for this work and for the sewer plant upgrade loan from the Illinois Environmental Protection Agency.

He also told Bateman and Robbins that even if the council approves the expenditure, it could take as long as six months before all paperwork is done and the IEPA approves the project.

Melton asked that the proposal be put on the agenda for a vote at the next regular council meeting Aug. 20. "We’ve waited as long as we can," he said.

In other business, Street Superintendent Donnie Osborne said he would like to go back to the original plan for work on the Hamilton Street garage. Rather than put up a new building, he said he would request the city to put a new roof on the present structure.

Alderman Glenn Shelton reported that many residents are concerned that the Illinois Department of Transportation is planning to wait until next year to upgrade railroad crossings at Tremont, Pekin and Broadway streets. He complimented Osborne on following up his request to contact IDOT to urge them to move more quickly on the upgrades.

"This is a result of not having done as well on the ISAT (Illinois Standards Assessment Test) as we had hoped over a two-year time period," Dr. Kidd told the board.

At Jefferson the test results are for reading, writing and math at the third-grade level, and at Northwest for reading, writing, and math at the third- and fifth-grade levels, as well as social science and science at the fourth-grade level.

"This is not a shock," Kidd told the board. "We know that test scores correlate with income level, which we know by the free and reduced lunch numbers. We know Jefferson has 60 to 70 percent free and reduced lunch numbers, depending on the time of year, and Northwest always has 50 percent or greater," he said.

"This is not an excuse, but it is a challenge," he added.

Official results and actual tests scores have not yet been sent to District 27, Kidd said. "Until we get the actual scores we won’t know where the problem really is. Then we will try to come up with something more effective.

"We have never made this list before, but being on the warning list may allow us to get some funds to expand our summer school program," he added.

The ISAT tests have replaced the Illinois Goal Assessment Program tests formerly given to elementary school students. The reading, writing and math tests are being given for the third year, and the science and social studies for the second year.

Students in the district have not done as well on state standardized tests since the change from IGAP to ISAT, Kidd said. He said it takes a while for both teachers and students to "catch up" to the demands of a new test.

He also noted that the number of special education students at Jefferson, which is a small school, may have skewed tests results there as well.

Kidd also reported on the success of this year’s summer school. Of the 44 students mandated to attend summer school if they wished to be promoted to the next grade, 36 passed; five failed either for work, discipline or attendance; and three chose not to come to summer school.

Of the 79 students recommended, but not mandated, to attend, 62 completed the summer school program, Kidd said.

The board also heard the progress of improvements to the ball diamond at Ralph Gale Field. Kidd credited baseball coach Darrick Reiley and the crew of volunteers working with him for many of the improvements.

This year, dirt was added to the field so it drains better. New bleachers have arrived and are being assembled, and a new scoreboard, batting cage and dugouts have been added. New lights will also be installed.

Kidd said the hollow tree at the corner of Kankakee and Broadway has to be removed, but he hopes to move some smaller trees from the Central School grounds to Ralph Gale Field to provide shade for spectators.

Board president Bruce Carmitchell also reported on the agreement with the Illinois Historic Preservation Agency. The IHPA wants to be sure the school district properly recognizes the historic significance of the buildings that will be demolished. The district has agreed to document the old buildings with photographs and videotape and to include in its curriculum information about the structures that were formerly there.

Architect Dave Leonatti and construction manager Bill Ahal reported that the design development for the new Central School is completed and the development of final documents needed before construction begins is 10 percent completed.

Construction drawings are scheduled to be finished by Oct. 20 so bids can be let. The project will be assembled in "bid packages," with foundation work being the first to be let.

Both Leonatti and Ahal said they hoped to see ground broken before the end of the year. The building program is behind schedule because of the extra time needed to bring the cost of the two new schools, Central and a new junior high school, in line with the funds available. Total square footage of the new Central School will be 47,375, slightly smaller than the original plans, and the cost estimates are in the range of $119 to $125 per square foot.

Ahal reported that the sewer line on the Central School grounds will have to be moved, as right now it runs under the site of the new building. However, he said that was "not a major problem."

Leonatti said that as work progresses it may be necessary to call special meetings of the board or the construction committee to approve plans as they are completed and expedite the bidding process. Board president Bruce Carmitchell said the board would be ready to act whenever it was necessary.

Both Leonatti and Ahal said the timing is right for the district to realize some cost savings. Contractors are finishing jobs on existing schools in time to meet fall school schedules and are looking for new projects, they said.

"The later in the year, the better off we’ll be as far as the market," Ahal said. "This has been true in all my 24 years of experience. I am seeing much more availability of materials."

Leonatti said he has had a larger than usual number of contractors bidding on projects right now.

"This is not going to be a quick procedure," said Pat Madigan, vice chairman of the city council’s ordinance committee, reporting on the proposed ordinance which council members received a week ago. "There are a lot of things to be ironed out before we are done.

"I don’t think we can resolve this in a couple of meetings and push it through," he added.

Madigan’s assessment of the 13-page document, which was shared by other members of the committee present, sounded like good news to a group of citizens who came to the committee meeting, most of them property owners on or near the Fifth Street corridor which Mayor Beth Davis has said she would like to see as a historic preservation district.

Larry Goodman, who owns V. Goodman Transfer, a trucking and excavating company at 1202 Fifth St., said he was relieved to hear the council’s consensus.

"I have a little more confidence since I’ve heard you speak that this will not be railroaded through," he told the ordinance committee. He said he had been wondering if he would be able to pass on his property to his children, so they could run the family business as the fourth generation.

Also he questioned whether there was anything historical in the proposed Fifth Street corridor.

"We’ve been on that corner since 1926. If there was any history there, I think I’d have been aware of it."

Mayor Davis assured him that the council had no intention of "railroading" the ordinance through. She said she saw it as a way to help property owners get grants to restore and maintain historic structures. She said she had also hoped to have several other historic sites on Fifth Street, a facade of the old Deskins Tavern where Abraham Lincoln stayed and some replicas of early homes in the nearby park.

Perry Harris, also a Fifth Street property owner, said it appeared that the ordinance was created to stop the Casey General Store from building a facility on Fifth Street.

"The speed this appeared before the council is troubling. It seems like the ordinance was created to stop Casey’s," he said.

The Casey corporation has been negotiating with Larry Riva, who owns a Fifth Street lot just west of the Postville Courthouse, to buy Riva’s property to put up a convenience store. A representative of Casey’s was present at Tuesday night’s meeting but did not speak.

"Why not table the ordinance until the Casey’s issue has been settled?" Harris asked.

David Morrow told the committee that the proposed ordinance for Lincoln was more sweeping and more restrictive than the requirements for getting a structure on the National Historic Register and should not be passed in its present form.

"A lot of businesses on Fifth Street are worried about it. They couldn’t even change colors on their buildings under this ordinance. The majority of people have no idea what this ordinance does.

"I can’t emphasize how much trouble this [type of ordinance] does in other communities. It enslaves the property of the citizens of Lincoln."

Under the proposed ordinance, if a property has a historic designation, changes to the outside or demolition of the property would have to have the approval of the historic preservation committee.

City Attorney William B. Bates pointed out that the ordinance had not been created by the council but by Main Street Lincoln. Wendy Bell, Main Street Lincoln coordinator, said the organization realized that the ordinance was just a "starting point."

Outlining the problems he found with the proposed ordinance, Madigan cited the "power and autonomy" granted to the 11 members of the historic preservation committee, who would be appointed by the mayor.

"How much power do we want to give 11 people not even elected by the community? We may end up with a specialized committee that will have an over-zealous view."

He also objected to the power given the council. As the document is written, a simple majority would be able to ratify a decision made by the historic preservation committee. Madigan said he believed any such decision made by the council should be either a two-thirds majority or a unanimous vote.

David Armbrust disagreed with the provision that the committee would be able to nominate and vote on making a structure a historic landmark without the consent of the owner.

"It is the owner who should be asking [for the historic designation], not just someone who drives by," he said.

"If the owner doesn’t want to have the historic landmark designation, he shouldn’t be forced. He should be able to modify his home as he wants," Madigan agreed.

Armbrust and Madigan also agreed that they did not like the provision that one-third of the people in an area could nominate it as a historic district. "I’d hate to think one-third of the people in a given area could dictate to the others," Armbrust said.

Both also found the appeal process unsatisfactory. As it is presently written, a property owner can appeal a ruling on his property only to the commission, the same body that made the ruling in the first place.

"There is very little recourse for those that fall within the district," Madigan said.

Another objection Madigan cited was the "what if" criterion for historic designation. He cited one example from the proposed ordinance: "An area that has yielded or may be likely to yield, information important in history or prehistory."

"If we are going to designate a landmark, we need hard evidence. We can’t say ‘what if’ or ‘This is going to be an important site someday.’"

In spite of his objections, however, Madigan described the document as a "framework" that could be formulated to fit the city of Lincoln.

"Each page will have to be addressed," he said. "We need a better system of checks and balances. There are a lot of holes in this ordinance that we are not going to be able to patch up on a short-term basis."

Madigan, who took over for ordinance committee chairman Michael Montcalm, who is on vacation, did not schedule a future meeting for the committee. In the meantime, Riva will appear before the planning commission on Aug. 16 to ask for a rezoning of his lot from R-2 (residential) to C-4 (commercial), so that the Casey corporation could put up the convenience store. If the planning commission agrees to the zoning change, he will appear before the zoning board of appeals on Aug. 22. After that, plans for the Casey General Store will have to be approved by the full council.

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