City of Pekin City Council Met May 24.
Here is the minutes provided by the council:
PLEDGE OF ALLEGIANCE
Mayor Pro-Tem Orrick requested Councilmember Nutter lead those assembled in the Pledge of Allegiance. City Clerk Sue E. McMillan confirmed that all Council Members were physically present except Mayor Luft and Council Member Cloyd, who were absent. Mayor Pro-Tem Orrick declared a quorum was present.
| Attendee Name | Organization | Title | Status | Arrived |
| Rick Hilst | City of Pekin | Councilman | Present | 5:23 PM |
| Karen Hohimer | City of Pekin | Councilwoman | Present | 5:26 PM |
| Dave Nutter | City of Pekin | Councilman | Present | 5:24 PM |
| Becky Cloyd | City of Pekin | Councilwoman | Absent | 5:29 PM |
| Lloyd Orrick | City of Pekin | Mayor Pro-Tem | Present | 5:28 PM |
| John P Abel | City of Pekin | Councilman | Present | 5:26 PM |
| Mark Luft | City of Pekin | Mayor | Absent | 5:27 PM |
3.1. Motion to: Approve agenda
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
4.1. Motion to: Approval of Minutes
4.2. City Council - Regular Meeting - May 10, 2021 5:30 PM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: John P Abel, Councilman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
Charity Gullett addressed the Council to express her disappointment with the Tourism and Beautification Committee not being placed on the agenda for its separation and requested an update.
CONSENT AGENDA
6.1. Ordinance No. 2970-21/22 Front Yard Setback Variance Request for 2004 Lighter Street
6.2. Ordinance No. 2971-21/22 Front Yard Fence Variance Request for 1522 S 4th Street
6.3. Ordinance No. 2972-21/22 Lot Coverage Variance Request for 1400 Bellaire Avenue
6.4. Accounts Payable to be Paid Proof List thru May 14, 2021
6.5. Receive and File Bids for Court Street Rehabilitation Project
Motion to: Approve Consent Agenda
City Manager, Mr. Mark Rothert, read through the 5 items on the Consent Agenda.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
7.1. Resolution No. 253-21/22 Authorizing Agreement with CAT Financial for Lease of CAT 420-07 Backhoe Loader
Mayor Pro-Tem opened the floor for discussion to approve and adopt the resolution authorizing the agreement with CAT Financial for lease of a CAT 420- 07 Backhoe Loader. Councilmember Nutter confirmed with Mr. Rothert that the lease would be in the capital portion of the budget.
Mr. Rothert confirmed that the memo brief did list the line item and that the it could be found in the budget under the capital fund section under the lease line item.
Councilmember Nutter requested comments on how the existing loader would be utilized.
Street Department Supervisor, Mr. Brett Olson, assured that the loader would be kept as a backup to possibly utilize one or twice a month as it did not have the stamina to be used 5 days a week. The main use of the loader was for Mr. Manhole but it was utilized for other projects such as dirt work.
Fleet Manager, Mr. Dan Jost, informed the Council that the existing loader could potentially be utilized parallel to the new loader with the help of additional employees.
| RESULT: ADOPTED [4 TO 1]
MOVER: Karen Hohimer, Councilwoman SECONDER: John P Abel, Councilman AYES: Karen Hohimer, Dave Nutter, Lloyd Orrick, John P Abel NAYS: Rick Hilst ABSENT: Becky Cloyd, Mark Luft |
Councilmember Nutter advised that an amendment to the budget was necessary because the City had not received the audit and felt that an RFP was needed to be posted for the purchase of the truck.
A motion was made by Councilmember Nutter to postpone Agenda Item 7.2 Resolution No. 254-21/22 Authorizing the Purchase of a Solid Waste Truck from EJ Equipment to the June 28, 2021 Council meeting, seconded by
Councilmember Hilst. The motion was defeated with Councilmembers Abel, Hohimer and Orrick all voting NO on roll call vote.
| RESULT: DEFEATED [2 TO 3]
MOVER: Dave Nutter, Councilman SECONDER: Rick Hilst, Councilman AYES: Rick Hilst, Dave Nutter NAYS: Karen Hohimer, Lloyd Orrick, John P Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, read the request to Council advising that the Solid Waste Division had an operational need to purchase a solid waste collection vehicle to maintain their fleet should a truck go down for repairs. A bid was received from Sourcewell and the budgeted cost was more than historically paid. Mr. Rothert advised that the cost difference would be made up by adjustments in the solid waste throughout the year due to some savings from landfill costs and no longer accepting bulk items.
Councilmember Hohimer questioned the delivery date of the truck.
Street Supervisor, Mr. Brett Olson, explained that it would be 8-12 months with a cost up to $235,000.
Councilmember Nutter expressed concern that not having the route efficiency study completed was another reason to postpone the item and felt the City did not know how many trucks were actually needed.
Mr. Rothert confirmed that an RFP for garbage collection would be finalized by the beginning of next month or sooner.
Councilmember Orrick questioned whether the RFP would include the winning company to purchase the equipment the City already owned.
Councilmember Abel spoke against postponing the item due to the long wait time to receive a truck.
Councilmember Hohimer discussed the plan if a truck were to breakdown.
Mr. Olson informed Council that a truck had broken down last Saturday during Spruce Up Pekin’s cleanup day.
Fleet Manager, Mr. Dan Jost, stated that trucks being down was typical as they see cycles of 500-700 stops a day which takes a major toll on the brake system. Mr. Jost added that there was typically a long wait time on parts.
Councilmember Hilst asked for confirmation that any company that would respond was required to purchase all the City’s equipment.
Mr. Rothert stated that he had not seen the final RFP but it would make sense for them to purchase the City’s assets.
Councilmember Hilst pointed out that the truck might not be needed and that the budget was approved for $119,000 and an amendment was required first.
Mr. Rothert stated that when the budget was approved it was not anticipated what the cost would be but was confident a solution could be found.
Councilmember Hilst reiterated that all amendments to the budget should come to Council.
Councilmember Hohimer spoke against all amendments to the budget coming to Council and believed that the budget was fluid.
Mr. Rothert reminded Council that staff was asking for the spending authority in the request to Council.
Councilmember Abel agreed that budgets were not set in stone.
Council continued the debate on whether amendments to the budget should come to Council.
Councilmember Abel also pointed out that a surcharge could be applied in the amount of $20,000 if not ordered in a week.
| RESULT: FAILED [3 TO 2]
MOVER: Karen Hohimer, Councilwoman SECONDER: John P Abel, Councilman AYES: Karen Hohimer, Lloyd Orrick, John P Abel NAYS: Rick Hilst, Dave Nutter ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to lease a one ton dump truck with a plow and salt spreader from Enterprise Fleet Management. Mr. Rothert explained that the lease would be for 5 years with a balloon option at the end of the agreement.
Councilmember Nutter questioned what would happen to the current dump truck. Fleet Manager, Mr. Dan Jost, explained that he recommended it be taken out of service due to its condition.
Mr. Rothert addressed Councilmember Nutter and explained that the item would be taken out of the capital budget.
Councilmember Hilst questioned the age of the current dump truck. Mr. Olson answered that it was a 1996 dump truck with holes in the bed. Mr. Olson added that the street department had not purchased a dump truck since 2013.
Councilmember Orrick questioned whether the capital budget was for 5 years. Mr. Rothert explained that the improvement plan spread over 5 years but the capital budget was only one year. Mr. Rothert added that he was working on the capital 5 year improvement plan.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Karen Hohimer, Councilwoman SECONDER: John P Abel, Councilman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to approve a new 10 year agreement with IDOT for traffic signal maintenance. Mr. Rothert explained that the new master agreement were essentially the same as the previous agreement. The City would be reimbursed for IDOT’s share of the cost.
City Engineer, Ms. Josie Esker, explained that the cost share was based on percentage of each intersection and Court Street had been removed from IDOT. Ms. Esker stated that the operation would remain the same.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Karen Hohimer, Councilwoman SECONDER: Dave Nutter, Councilman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to renew the agreement with Cloudpoint to provide GIS services needed to maintain the GIS system to ensure greater functionality in various departments. Mr. Rothert advised that the agreement was for two years at the same cost previously provided for in the contract.
Councilmember Orrick questioned how long Cloudpoint had been providing the service. Mr. Rothert explained that the City had been utilizing Cloudpoint for the last two years to update the GIS system, perform maintenance and troubleshoot, for the same price.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: John P Abel, Councilman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Engineer, Ms. Josie Esker, explained that the resolution, along with the next agenda item, was in regards to the Highway Safety Improvement Program Grant and funding agreement with IDOT for the City’s portion of that grant. Ms. Esker estimated $200,000 would be the local match for the Allentown Road project with another $453,600 awarded from the HSIP federal grant. The City would be responsible for the remaining $200,000 with the utilization of Motor Fuel Tax funds.
Councilmember Orrick questioned if this was the project in which the City purchased right-of-way and stated that it was a safety hazard.
Ms. Esker advised that the City received a grant in 2016 because of a death on the curve on Allentown road just past Pekin Insurance. Ms. Esker stated that it was a safety hazard and that the project would construct the curve to be more gradual allowing for increased visibility.
Councilmember Nutter corrected Ms. Esker stating that the first grant was actually received in 2014 and that it would now cost the City approximately $150,000 more for the 7 year delay.
Councilmember Orrick added that it was partly Council’s fault and Staff’s fault for the delay.
| RESULT: ADOPTED [4 TO 1]
MOVER: Dave Nutter, Councilman SECONDER: John P Abel, Councilman AYES: Karen Hohimer, Dave Nutter, Lloyd Orrick, John P Abel NAYS: Rick Hilst ABSENT: Becky Cloyd, Mark Luft |
City Engineer, Ms. Josie Esker, explained that the approval of the Local Public Agency agreement with IDOT for the Allentown Road construction would allow for the projection to move forward.
| RESULT: ADOPTED [4 TO 1]
MOVER: Dave Nutter, Councilman SECONDER: John P Abel, Councilman AYES: Karen Hohimer, Dave Nutter, Lloyd Orrick, John P Abel NAYS: Rick Hilst ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to award the Court Street Rehabilitation Project to UCM to remove and replace medians on Court Street between Valle Vista and Veterans Drive and to complete a mill and overlay from Valle Vista to Entrance Drive. Mr. Rothert explained that the City had received 3 bids for the project with the low bid 16.9% below the Engineer’s estimate. Mr. Rothert continued to explain that the project was being funded in part by a $2M Rebuild Illinois Fast Track grant from the State of Illinois with a participation requirement for businesses owned by minorities, women and persons with disabilities. Mr. Rothert added that UCM had subcontractors associated with the bid that were minority or women owned businesses that were undertaking the certification process. The Department of Commerce and Economic Opportunity advised that the City could award the bid contingent upon the subcontractors obtaining their Central Management Services certification.
City Engineer, Ms. Josie Esker, stated that the bid was higher than last years’ bid due to extended requirements and increased prices.
Councilmember Abel asked if the island alongside the gas station would remain. Ms. Esker answered that it would be replaced.
Councilmember Hilst inquired about the sidewalk sections. Ms. Esker stated that the sidewalk sections replacement would begin at Hilltop to Valle Vista and that it was one block of sidewalk. Ms. Esker explained that the sidewalk ended and that the pedestrian route would put you in the middle of the street.
Councilmember Hilst also discussed the sidewalk in front of the car wash. Ms. Esker stated that there will be a sidewalk around that corner as that section was going to be raised one foot. If it had been put in it would have been ripped out.
Councilmember Nutter confirmed that the overall scope was a mill and overlay to Entrance Drive near the Fire Station. Ms. Esker explained that the medians were terrible out further and that was why it was extended, but it would not be new pavement all the way to Veterans Drive.
Councilmember Nutter discussed the depth of the milling.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to approve an agreement with the Tazewell County Health Department to provide transportation services for the Team Reach Program. The health department requested charter trips that is paid annually.
Council discussed the payment amount over the last 12 months. Mr. Rothert stated that it was not a significant amount and under $75,000.
Councilmember Orrick questioned if any problems from their service had been reported. Mr. Rothert confirmed that there had not been any problems associated with the service.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: Rick Hilst, Councilman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, presented the request to Council requesting an amendment to the Tyler Technologies agreement regarding the Versatrans system to phase out existing 3G technology on the City’s school busses, which will be phased out in February 2022.
Councilmember Nutter questioned whether the agreement would have to be amended if the City phased to 5G. Mr. Rothert explained that a lot of infrastructure would have to happen to move to 5G and felt the City was not prepared.
Councilmember Orrick discussed the requested funds amount versus the budgeted amount and the remaining funds. Mr. Rothert reminded Council that an agreement was approved by Council for the Versatrans system during the last
Council meeting. Mr. Rothert further explained that the difference in cost was for the Versatrans system.
Councilmember Orrick felt the fund amounts were confusing. Mr. Rothert stated that $11,000 was the amount of the remaining funds before the requested expenditure of $8,202.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Dave Nutter, Councilman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, presented the request to Council reminding Council that at the March 8, 2021 Council meeting the City Council approved a petition to annex 1704 and 1706 Karo Street. Mr. Rothert explained that half of the road in front of the properties was the city’s responsibility to maintain for improvements but the road district was amendable to undertake other maintenance activities in the area. Mr. Rothert stated that the agreement was in effect until either party provided notice of termination. The Road District would maintain the road limited to snow removal application of salt and mowing. Any improvements would be the responsibility of the City. The Road District agreed to contact the City should they do any improvements adjacent to the property to partner and share any cost of the improvement spelled out in a future agreement.
Councilmember Hohimer expressed concern that there were no sidewalks.
City Attorney Kate Swise explained that if the City took on any repair or renovation of the street than the addition of sidewalks would be included.
City Engineer, Ms. Josie Esker, added that when the area needed chip seal it would probably be contracted by Cincinnati Township and the City would be responsible for so many years with an intergovernmental agreement.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Dave Nutter, Councilman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
Councilmember Nutter questioned that the budgeted amount was for all cable not just Comcast. Mr. Rothert stated that they were other companies at the same franchise fee of 5%.
Councilmember Orrick stated that Comcast had been maintaining Channel 22. Mr. Rothert suggested asking the I.T. Department on the satisfaction on the service. Mr. Rothert also stated that 5% was the maximum the City could charge and that the only major difference was the term of the contract.
Councilmember Orrick discussed agenda item 7.13 Comcast Settlement over Underreported Revenues. Mr. Rothert stated that it was underreported revenues found by Azavar. Mr. Rothert added that the City attorney and him tried to explore online streaming as an option but under the law the City could not pursue online streaming through a franchise agreement but could through an amusement tax to gain tax revenues lost from online sales.
City Attorney, Ms. Swise, stated that the federal law prohibited the City from imposing any franchise fees on internet service only could impose on cable television service. The online streaming services are not internet service or cable provider. They could potentially be subject to an amusement tax.
Mr. Rothert stated that some other municipalities have imposed an amusement tax.
Councilmember Orrick discussed the direction of the City imposing an amusement tax.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Dave Nutter, Councilman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, stated that the City had contracted with Azavar Government Solutions to identify revenues that the City might had missed from various sources. Azavar completed an audit of Comcast which resulted in a settlement offer from Comcast for $12,467.02. Mr. Rothert explained that Azavar worked with Comcast to properly assess that the correct jurisdiction’s franchise fee was charged to the customer and remitted to the community and performed an audit by a third party to determine gross revenue as defined by the contract. Mr. Rothert reminded Council that the City’s expense is 40% of the new revenue found by Azavar.
Councilmember Orrick questioned if the gross revenue was just over one years’ time. Mr. Rothert stated that gross revenue could be over multiple years but the addresses coded were over the last year.
Councilmember Nutter discussed the line item the expense to Azavar would come out of. Mr. Rothert suggested that it would come out of whatever line item it was related to.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Rothert, stated that the request to amend the code to address hotel-motel applicability to online rentals was another analysis of the hotel/motel tax. Mr. Rothert explained that the analysis conducted by Azavar showed that the City was not receiving the full amount of tax for online reservations due to a tax loophole. Mr. Rothert also explained that Azavar discovered that online travel companies making bookings and reselling to customers were not paying the hotel tax rate on the higher expense. Mr. Rothert added that an upcoming voluntarily agreement with Airbnb that will capture revenue and charge the tax.
Councilmember Orrick questioned how the expense to Azavar would be tracked. Mr. Rothert answered that he would be tracking it along with Azavar and that it was estimated to be $10K-$15K of new revenue.
Councilmember Orrick confirmed that the new revenue would be deposited into the hotel motel tax fund in general operations.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Clerk, Ms. Sue McMillan, explained that the ordinance amending the raffle code was to address progressive style raffles. Ms. McMillan informed Council that the State Act had been amended since the City’s raffle code was adopted. Ms. McMillan addressed the changes of the code which included increasing the value of a raffle to $500K, lifting the limit of 12 raffle per year, extending a raffle to a maximum of 365 days and changing the cost to $10 for one raffle, $20 for two raffles, $30 for three raffles, and $120 for a yearly raffle.
Councilmember Orrick questioned if other municipalities had a similar code. Ms. McMillan explained that the City of Urbana had brought their raffle code up to date. Ms. McMillan added that the raffles were for charitable reasons and the City did not want to discourage them.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Orrick, Abel ABSENT: Becky Cloyd, Mark Luft |
City Manager, Mr. Mark Rothert, addressed Ms. Charity Gullett’s comments by explaining that the City wanted to take time to discuss the bones of the Beautification Committee and that an ordinance amending the code would come ideally at the next Council meeting.
Street Supervisor, Mr. Brett Olson, updated Council on the outcome of Spruce Up Pekin. He described two of the three locations as being bombarded. Mr. Olson stressed that the department learned how to do things different next time and took pointers from the workers. Overall Mr. Olson felt it was a success. Mr. Olson pointed out that some of the changes that should be made included not allowing construction materials from building teardowns, not allowing U-Hauls to make multiple trips, and only allowing residences in the corporate city limits. Mr. Olson stated that a truck went down for repairs during the event which effected how the following week was run with no spare truck.
Councilmember Orrick advised that the purpose of the event was for citizens and not businesses.
Councilmember Hohimer agreed with Councilmember Orrick’s statement.
Mr. Rothert gave a shout out to the police department for handling the recent homicide last week so quickly.
Councilmember Hilst requested that a representative of the audit firm be available for a presentation at the next Council meeting to give an explanation of why the audit had not been presented and to answer questions. Finance Director, Mr. Bruce Marston, explained that he had been working with the auditors to get the report finalized but there were last minute changes. Mr. Marston expected to have drafts of the main audit report this week and the smaller reports the next day or so. The audit would still need to be reviewed for errors and drafts could not be released to the public.
Councilmember Nutter questioned if the City received an extension from the State and if the City was liable for fines. Mr. Marston explained that the City received an automatic extension through December 31st and that the City was late on the FY18 audit with no fines incurred. Mr. Marston felt that any fine incurred would be minimal.
Councilmember Nutter questioned if the accepting of applications for TIF funds was extended beyond June 4th. Mr. Rothert stated that it was still the date but would be open to taking additional applications on a rolling basis.
Councilmember Nutter also stated that he received a text message requesting an update regarding the Wastewater Committee. Mr. Rothert explained that the committee hoped to meet regularly to work on the wastewater process and code.
Councilmember Nutter also addressed Mr. Olson on the two locations that were bombarded during cleanup day. Mr. Olson stated that 11th Street was the busiest, then Koch Street, but Cynthia was not that busy.
Councilmember Abel made an announcement regarding the 3 day soccer tournament at the sports complex on Koch Street and complimented the video promoting the Industrial park.
Councilmember Hohimer thanked Mr. Marston for his hard work on keeping Council apprised of the audit, along with Councilmember Orrick. Councilmember Orrick also complimented Ms. Josie Esker, the street department and other staff for doing a nice job. Councilmember Orrick also recognized Ms. Charity Gullett for making the City look better.
EXECUTIVE SESSION 5 ILCS 120/2 (C)
ADJOURN
There being no further business to come before the Council a motion was made by Council Member Abel, to adjourn, seconded by Council Member Hohimer. Motion carried viva voce.
Mayor Pro-Tem Orrick adjourned the meeting at 7:07 p.m.
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