City of Pekin City Council met March 8.
Here is the minutes provided by the council:
PLEDGE OF ALLEGIANCE
Due to the Governor’s Executive Order regarding COVID-19 and the relaxing of the Open Meetings Act requirements, this meeting was held remotely via Zoom Meetings without an in person meeting location for the public to attend. Therefore, the provisions of the City Code regarding electronic attendance did not apply.
The Pledge of Allegiance was led by Councilmember Orrick. The Clerk confirmed by roll call vote, that all Councilmembers were physically present.
| Attendee Name | Title | Status | Arrived |
| Michael Garrison | Councilman | Present | 5:02 PM |
| Rick Hilst | Councilman | Present | 5:11 PM |
| Karen Hohimer | Councilwoman | Present | 5:09 PM |
| Dave Nutter | Councilman | Present | 5:08 PM |
| Lloyd Orrick | Mayor Pro-Tem | Present | 5:05 PM |
| John P Abel | Councilman | Present | 5:05 PM |
| Mark Luft | Mayor | Present | 5:08 PM |
3.1. Motion to: Approve agenda
Mayor Luft removed New Business item 8.6 from the Agenda. A motion was made by Councilmember Orrick, seconded by Councilmember Hohimer, to approve the agenda as amended. On roll call vote all present voted Aye. The agenda was approved as modified.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Lloyd Orrick, Mayor Pro-Tem SECONDER: Karen Hohimer, Councilwoman AYES: Garrison, Hilst, Hohimer, Nutter, Orrick, Abel, Luft |
4.1. City Council - Regular Meeting - Feb 22, 2021 5:30 PM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: Lloyd Orrick, Mayor Pro-Tem SECONDER: John P Abel, Councilman AYES: Garrison, Hilst, Hohimer, Nutter, Orrick, Abel, Luft |
Mayor Luft stated public input was received from Mr. Ted Golden that was quite lengthy. Mayor Luft said that staff would get answers back to him and previous questions had been answered.
City Manager, Mr. Mark Rothert, added that the City Clerk emailed responses to Mr. Golden recently.
Mr. Alan White spoke regarding 1111 Broadway under Old Business. Mr. White informed Council that the agenda posted Friday night had no pdf file in the request until Saturday. Mr. White inquired about the procedures to bring the item back to Council as it would hurt existing businesses. Mr. White questioned why the proposed developers 1111 Broadway did not have to submit public input before 3 pm and he did. Mr. White asked that council reject the item.
City Clerk, Sue McMillan, addressed Mr. White stating that public input comments are to be sent by email before 3 pm. The staff and the public are also allowed to address a business item at the time it is on the agenda when invited to do so. Ms. McMillan continued and explained that the packet was generated on Friday and due to a formatting error on the request, the packet was regenerated Friday at 5PM. Therefore, if a person of the public looked at the packet early Friday and not again until Saturday, they would have felt that it had changed.
Mr. Rothert added that it was a collective recommendation from everyone to bring the item regarding 1111 Broadway forward.
Mr. Jim Mangan questioned why the 2019 and 2018 independent audit had not been presented to Council or the public. Mr. Mangan spoke regarding agenda item 8.5 requesting an amendment be made that the City Manager receive no increase until an annual evaluation was held per his contract. Mr. Mangan also spoke in favor of an RFP regarding the item of discussion on solid waste. Mr. Mangan reminded Council that a list of questions were received by Council from him but never answered.
Solid Waste Foreman, Mr. Doug Arrowsmith, spoke regarding the RFP for Solid Waste. Mr. Arrowsmith stated in the last 20 years, 3 had gone out and each time the City could do it cheaper. Mr. Arrowsmith stated that he did not get a lot from the City and what he did get was the cost of insurance increasing. Mr. Arrowsmith also stated that no other companies do unlimited garbage pickup without a fee like the City does. Mr. Arrowsmith felt the cost would be considerably more with a 30-45% profit. Employee costs would still have to be paid and an outside company would charge the City for those costs. Mr. Arrowsmith added that he loved his job at the City and had a great boss that communicated and streamlined. Mr. Arrowsmith stated that he felt betrayed that there would be a chance of losing his job.
Mayor Luft apologized to Mr. Jack Teplitz and Chris Catania for the issues during the last meeting when they were unable to speak telephonically regarding 1111 Broadway.
Mr. Teplitz, the attorney for the 1111 Broadway project, spoke to clarify that the City knew they were available to speak but were unable to do so. Mr. Teplitz stated that it was not customary for any city that the developer was required to make comments at only the public comment time and that the opportunity given was at the time the issues came up. Mr. Teplitz asked Council to reconsider and rescind the vote so that they were given an opportunity to present to Council.
Chris Catania stated that they were disappointed not being able to speak during the last meeting. He reminded everyone that their team had all worked with the City on developing a plan that would bring value to that corner, that would improve the corner, and had committed to invest over $4M. Mr. Catania stated that up for consideration was not the use but its site plan as zoning allows. Mr. Catania stated that there was nothing on the site plan that went against the code and asked Council to reconsider and rescind the denial. Mr. Catania added that they were not a short term developer and any issues need to be properly addressed and to be voted on again on the 22nd meeting.
Mayor Luft stated that if there were any questions they would be asked during the agenda item.
CONSENT AGENDA
6.1. Accounts Payable To Be Paid Proof List thru March 5, 2021
6.2. Financial Reports January FY2021
6.3. Tazewell County Animal Control Billing - January 2021
6.4. Receive and File High Point Lane Tree Removal Bids
6.5. Receive and File Lake Kennedy Tree Removal Bids
6.6. Resolution No. 223-20/21 Publication of the Zoning Map as of December 31, 2020
6.7. Resolution No. 224-20/21 Mayor's Appointment of Kelly Madden to the Pekin Planning Commission
6.8. Proclamation Supermarket Employee Day
Motion to: Approve Consent Agenda
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Garrison, Hilst, Hohimer, Nutter, Orrick, Abel, Luft |
7.1. Motion to: Motion to Rescind Previous Action on Site Plan Denial for 1111 Broadway Project at 2/22/21 Meeting
Councilmember Orrick questioned if Council was going to vote on the item again to accept it or not to accept it.
City Attorney, Ms. Kate Swise, stated the Council was voting on whether to undo the vote and would then put it back to where it was the first time. It was not an approval or a denial.
| RESULT: ADOPTED [5 TO 2]
MOVER: John P Abel, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Garrison, Hohimer, Orrick, Abel, Luft NAYS: Rick Hilst, Dave Nutter |
8.1. Ordinance No. 2962-20/21 Annexation of 1704 and 1706 Karo St. (Petitioner Tony LaHood)
City Manager, Mr. Mark Rothert, presented the request to Council to approve and adopt Ordinance No. 2962-20/21 Annexation of 1704 and 1706 Karo St. (Petitioner Tony LaHood). Mr. Rothert read the request explaining that a petition was signed and verified by Tony LaHood and filed with the City Clerk requesting annexation to the City of Pekin of a certain tract of land. The Cincinnati Township Highway Commissioner verbally agreed that the township would continue with road maintenance on Karo Street in front of the property to be annexed. Mr. Rothert stated that the arrangement would be formalized through an intergovernmental agreement. Mr. Rothert added that there was a question with the hookup to the sewer system, once his septic fails Mr. LaHood would have to hook on to the City sewer system. Mr. Rothert stated that Mr. Matt Fick was on the line to answer questions.
Councilmember Orrick questioned whether the property was going to be zoned a residential annexation and who would notify the 911 system.
Mr. Fick explained that it was the recommendation of the planning commission as it would offer more protection as residential. It was a grandfathered non conforming use.
Mr. Rothert explained that the City takes care of the 911 system and that a letter would go out like other change in addresses.
Councilmember Abel questioned that as long as Mr. LaHood’s septic system was working he would not be allowed to hook up to the city sewer system.
City Attorney, Ms. Kate Swise, stated that per State law, he cannot get a permit for an existing septic system if he has availability to connect to the City sewer system within 300 feet based on the Private Sewerage Disposal Act.
Councilmember Hilst questioned the location if he was required to hookup to the City sewer.
Mr. Rothert stated that the property he was looking to annex was in the middle of Karo Street and that it would have to be determined if getting annexations from the surrounding property owners would be necessary.
Councilmember Hilst continued to discuss the code and how he did not believe the property owner had been contacted or given any input as to whether he would be required to hook up or not. Councilmember Hilst felt that maybe the owner did not want the annexation to be approved and that Council should look at tabling the item.
Councilmember Hohimer stated that she had been speaking to Mr. LaHood for months and that there was no doubt he wanted the property annexed.
Ms. Swise stated that the Cranwill property was in between and did not butt the property.
Councilmember Nutter suggested putting something in writing so that it was not verbal and questioned if he decided that he did not want to annex whether it could be reversed.
Ms. Swise explained that he could withdraw his petition up to the time the City records. Ms. Swise added that she had provided her legal opinion to City staff but Mr. LaHood would have to seek his own legal opinion.
Councilmember Nutter questioned whether he would be grandfathered in at the location zoned R-1.
Ms. Swise explained that it was a non-conforming legal use unless he expands, then he would be restrained.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Garrison, Hilst, Hohimer, Nutter, Orrick, Abel, Luft |
Council discussed why the item did not go out for bid and if there was an age limit on retirees.
Human Resource Director, Ms. Sarah Newcomb, explained that the company reached out to the City because they had those three days available and knew the City was planning on having a health fair last October but due to COVID did not have one not knowing the parameters to do it safely. Ms. Newcomb stated that the City previously had a 3 year agreement with a different company that expired in 2020. The price difference was $1 per person.
Mr. Rothert stated that if the expense was over $15K it would have to go out for bid. The expenditure was a variable cost due to the issue of availability to do an in person screening.
Ms. Newcomb added that the screening would take place at the bus department in the large meeting room. Ms. Newcomb also stated that the city has a few people that are on the health insurance plan for various reasons that are over the age of 65. To qualify for the screening they have to be on the health insurance plan.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Michael Garrison, Councilman AYES: Garrison, Hilst, Hohimer, Nutter, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to approve and adopt Resolution No. 226-20/21 Award Lake Kennedy Tree Removal Contract to JimaxLandscaping, LLC. Mr. Rothert read the request to Council summarizing that the resolution was to award the tree removal portion of the Lake Kennedy Trash Reduction Project to Jimax Landscaping, LLC. Mr. Rothert explained that it needed to be removed before April 1st due to the IDNR requirement that bat habitats may not be disturbed during the nesting season. The resolution was necessary if the trash reduction portion of the project was to be completed this year.
Councilmember Hilst requested an explanation of tabulation errors by IronHustler Excavating, Inc.
City Engineer, Ms. Josie Esker, explained that the tabulation errors did not have an effect. The form was not completed properly and the multiplication was wrong. The Ironhustler Excavating, Inc. bid was still way over estimate and was not considered as an option.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Garrison, Councilman SECONDER: John P Abel, Councilman AYES: Garrison, Hilst, Hohimer, Nutter, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to approve and adopt Resolution No. 227-20/21 Award High Point Lane Tree Removal Contract to Jimax Landscaping, LLC. Mr. Rothert read the request to Council stating that the resolution was to award the tree removal portion of the High Point Lane Storm Sewer Repair project to Jimax Landscaping, LLC. Mr. Rothert explained that the tree removal needed to be completed before April 1st because of the IDNR requirement that bat habitats may not be disturbed during nesting season. The resolution was necessary if the storm sewer project was to be completed this year.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Garrison, Councilman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Garrison, Hilst, Hohimer, Nutter, Orrick, Abel, Luft |
A motion was made by Councilmember Orrick, seconded by Councilmember Garrison, to amend Resolution No. Resolution No. 228-20/21 to provide for a 2% cost of living adjustment increase for non-union employees.
| RESULT: ADOPTED [6 TO 1]
MOVER: Lloyd Orrick, Mayor Pro-Tem SECONDER: Michael Garrison, Councilman AYES: Garrison, Hohimer, Nutter, Orrick, Abel, Luft NAYS: Rick Hilst |
City Manager, Mr. Mark Rothert, presented the request to Council to approve and adopt Resolution No. 228-20/21 Establishing non-union Cost of Living Adjustments for FY22Budget. Mr. Rothert read the request to Council explaining the calculations of the proposed 1.09% COLA for non-union employees. Mr. Rothert explained that the figures were largely based on the consumer index based on labor statistics and recommended to take the average of various statistics to come up with the number.
Councilmember Garrison stated that he would like to see a 2% COLA due to the fact that everything in the City Manager’s calculations were worthless based on stats.
Mayor Luft also discussed the formula used and how there are arguments against and for each type but he was standing by the 2% increase as he believed it was fair ground.
Councilmember Orrick concurred with the Mayor’s statement and supported the 2% increase.
Councilmember Hilst discussed the step system raise and how he did not believe there was anything in writing to allow for it.
Mr. Rothert explained that each year there is a bump of .5% based on a grade system put into place many years ago. The midpoint was to be the market average. This was traditionally done by past city managers or councils.
Councilmember Orrick concurred that if you were over the midpoint you would get less and if you were below you would get more.
Councilmember Nutter applauded Mr. Rothert for going back and looking at the stats and felt it was a true adjustment. Councilmember Nutter also inquired as to whether each employee was eligible for a salary increase.
| RESULT: ADOPTED [6 TO 1]
MOVER: Karen Hohimer, Councilwoman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Garrison, Hohimer, Nutter, Orrick, Abel, Luft NAYS: Rick Hilst |
Councilmember Orrick requested clarification on the amount that the marketing was $15k but the City was only giving $5K, questioned who was receiving the funds and stated that he thought it was a great idea.
Mr. Matt Fick was not sure if they were raising another $10K or not or who would be receiving the funds but would find out from someone from the Miller Center.
Council continued to discuss advertising options.
Councilmember Nutter spoke in favor of the item.
Mayor Luft announced that they were looking for sponsors and to contact Amy McCoy at the Chamber or the Miller Center.
Amy McCoy from the chamber stated that the coupon program was already in place but this would give them a venue. The additional funding was needed to market professionally and that the chamber was excited to sponsor with the Miller Center and TCRC.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Dave Nutter, John P Abel SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Garrison, Hilst, Hohimer, Nutter, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to approve and adopt Resolution No. 231-20/21 Authorizing the Purchase of Additional Garbage and Recycle Carts. Mr. Rothert read the request to Council stating that due to a low number of carts in the inventory and carts being purchased at a rapid rate, the City was seeking approval to purchase 500 garbage carts and 250 recycle carts for the Solid Waste Department. Staff recommended the purchase through the utilization of the Sourcewell contract with the vendor being Cascade Engineering which had been used in the past. Mr. Rothert added that a 10-year warranty was included with delivery generally in 3-4 weeks. Mr. Rothert also stated that the line item had already been expended but there was solid waste income in the fund to purchase the carts.
Solid Waste Supervisor, Mr. Brett Olson stated the number of carts requested was 500 and that 35 gallon totes were not truck friendly and hadn’t been ordered in two years.
Council discussed the total cost being omitted in the request and the price of freight.
Council also discussed the price of the carts to residents and how that price was stated in the code.
Councilmember Hilst expressed that it was unfair to use taxpayers money to purchase the carts and then make them buy them back from the City.
Mr. Olson stated that it was probably at a breakeven point.
| RESULT: ADOPTED [6 TO 1]
MOVER: Dave Nutter, Councilman SECONDER: John P Abel, Councilman AYES: Garrison, Hohimer, Nutter, Orrick, Abel, Luft NAYS: Rick Hilst |
Councilmember Hilst led the discussion regarding an RFP for the Solid Waste Collection. Councilmember Hilst stated that an RFP could be sent out without waiting to vote on the ordinance that was tabled about changing a few small things in the City Code. The dollar amounts would be the same in the RFP. Councilmember Hilst stated that there were some comments made during the public input about private companies making a profit.
Mr. Rothert said that he would not characterize it as profit but that there was a surplus in the fund.
Councilmember Hilst said that the City had sent RFP’s in the past when he was not on Council. He stated that the bids were opened up privately and he would like all future bids sealed and opened at the same time. Councilmember Hilst did not believe that the city would pay more with a private company and currently taxpayers did not have a choice as to whether wanted all three services.
Mayor Luft stated that he saw no problem with putting out an RFP.
Councilmember Hohimer stated that whoever bids would have to contact everyone in the city because you cannot guess who would want only garbage pickup and the companies did not bid ala carte. Other communities pay $20 to pick up an item.
Mayor Luft stated that he had seen several RFP’s for solid waste pickup. Mayor Luft stated that he had conversation with Morton that charges $19 per month to pick up one can and recycling every two weeks and if full would have to be taken to PDC and pay to dump it. Mayor Luft said that other communities were floored that Pekin pickups unlimited garbage at our price. Mayor Luft explained that he did not believe Pekin waiting to submit a bid in the past until after all others were received. Pekin did not put in an official bid because the cost is on paper with what is charged during billing. Mayor Luft stated that the RFP should request a price quote to pick up everything on the curb that would include garbage, recycling, grass clippings and leaves, furniture, etc.
Street Department Supervisor, Mr. Brett Olson, questioned how to put out an RFP for trash pick-up at the Riverfront. Mr. Olson added that the city picks up all garbage in the City including events, all city properties, city buildings, fire stations and helping elderly to get their garbage to the street.
Mayor Luft stated that the RFP should go out for the exact same service the City offered to truly compare prices.
Finance Director, Mr. Bruce Marston, stated that the RFP would have to be tailored correctly and be specific.
Council continued the discussion regarding approving the changes to the code and the timing of the RFP.
Motion to: To Move Ordinance No. 2960-20/21 Amending Solid Waste Collection Provisions of the City Code to the Next Meeting
Mayor Luft stated that the Council will address the garbage issue during the next meeting and then Council could choose to put out an RFP based on the changes Council decides in the code.
| RESULT: ADOPTED [5 TO 2]
MOVER: Rick Hilst, Councilman SECONDER: Dave Nutter, Councilman AYES: Hilst, Nutter, Orrick, Abel, Luft NAYS: Michael Garrison, Karen Hohimer |
Councilmember Nutter led the discussion regarding the utilization of surplus funds for additional projects, roads, vehicles and demolition. Councilmember Nutter stated that he looked at this month’s report showing a $4M surplus and it raised a flag.
City Manager, Mr. Mark Rothert, reminded Council of the General Fund Reserves Policy created 10 years ago. Questions were proposed regarding procedures if for example the reserves was over 25%. Mr. Rothert felt the policy was due for an update and has had discussion with Mr. Marston regarding a cash reserve policy or fund reserve policy to bring forward at the next meeting.
Finance Director, Mr. Bruce Marston, discussed whether the current policy was now irrelevant and general fund activities along with best practices need to be looked at. Mr. Marston stated that this was the first year going above 40%.
Councilmember Nutter questioned Mr. Marston on the audit.
Mr. Marston was hesitant to give an update but said he was hoping it would be finished soon.
8.10. Discussion - FY22 Budget Kick-Off Presentation
City Manager, Mr. Mark Rothert, led the discussion regarding the FY22 Budget. Mr. Rothert stated that he would have a draft of the budget to Council this week.
Mr. Rothert advised Council to set up individual meetings with him or to do work sessions.
Councilmember Orrick questioned whether the marijuana dispensary tax money be addressed in the budget and if it was a special fund by itself.
Mr. Rothert said that it was an estimate of $300-$400 thousand. It would go into the General Operations Fund as revenue and transferred to the pension funds.
CITY COUNCIL OR STAFF REPORTS
City Clerk, Ms. Sue McMillan, stated that Economic Interest Statements were mailed out from the office of Tazewell County Clerk to Departments Heads, Council Members and Board and Commission Members where provisions of the EIS apply to them. She was willing to hand deliver the completed form of others due back to the County May 1, 2021, if received on her desk by April 20th. The form could also be faxed mailed or completed on the County website and would be accepted in the City Clerk’s Office through April 20th.
Councilmember Hohimer stated that she would like to see run down homes torn down or sold to get them on the tax role.
Councilmember Abel questioned opening the Council Chambers up to the public.
Mayor Luft stated he felt it could be done at the next meeting.
Mr. Rothert stated that there was a 50 person capacity limit.
Mayor Luft stated that there is a potential someone could be turned away from the meeting due to social distancing.
Ms. Swise stated the zoom links would still be available.
Councilmember Abel stated that there was no threats to any neighbors around 1111 Broadway and that Council never refused to do the City Manager’s evaluation.
Councilmember Orrick stated he agreed with Councilmember Hohimer regarding run down homes. He would like to see a program with the high school to fix up those homes.
Councilmember Nutter asked for clarification on Mr. Golden’s emails and wanted to know if they should be sent to Council.
Mr. Rothert stated they were sent to the Clerk and could be emailed to Council on request.
Councilmember Nutter stated that DXL was hiring and wondered if they requested any of the TIF allocation. Councilmember Nutter also stated he would also like to see demolitions begin on run down properties.
Mr. Rothert stated that the reimbursement was in process and had not been paid out yet. Mr. Rothert said that a staff meeting with the attorneys was approaching to set up a process.
Mayor Luft announced that it was National Women’s Day and thanked all the women.
There being no further business coming to Council, a motion was made by Council Member Nutter to adjourn seconded by Council Member Abel. Motion carried viva voce. Mayor Luft adjourned the meeting at 8:02 P.M.
EXECUTIVE SESSION 5 ILCS 120/2 (C) IF APPLICABLE
ADJOURNMENT
The meeting was closed at 8:02 PM
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