City of Pekin City Council Met June 28.
Here are the minutes provided by the council:
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Orrick. The City Clerk confirmed all members were present and logged on. A quorum was declared by Mayor Mark Luft.
| Attendee Name | Organization | Title | Status | Arrived |
| Rick Hilst | City of Pekin | Councilman | Present | 5:02 PM |
| Karen Hohimer | City of Pekin | Councilwoman | Present | 5:07 PM |
| Dave Nutter | City of Pekin | Councilman | Present | 5:00 PM |
| Becky Cloyd | City of Pekin | Councilwoman | Present | 5:02 PM |
| Lloyd Orrick | City of Pekin | Mayor Pro-Tem | Present | 5:06 PM |
| John P Abel | City of Pekin | Councilman | Present | 5:03 PM |
| Mark Luft | City of Pekin | Mayor | Present | 5:03 PM |
3.1. Motion to: Approve agenda
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Karen Hohimer, Councilwoman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
4.1. City Council - Regular Meeting - Jun 14, 2021 5:30 PM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: Karen Hohimer, Councilwoman SECONDER: John P Abel, Councilman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
No public input was given.
CONSENT AGENDA
6.1. Accounts Payable To Be Paid Proof List thru June 25, 2021
6.2. Financial Reports April 2021
6.3. Receive and File Bids for 2021 Chip Seal Project
6.4. Receive and File Bids for Court Street Traffic Signals Project
6.5. Receive and File Bids from 2021 Asphalt Patching Project
6.6. Receive and File Qualified Submissions for Engineering Roadway Design
Motion to: Approve Consent Agenda
Mayor Luft read the six items listed on the Consent Agenda.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Karen Hohimer, Councilwoman SECONDER: Becky Cloyd, Councilwoman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
Motion to: Amend Agenda Item 7.1 Ordinance No. 2991-21/22 Amending the Zoning Code Regarding Video Gaming Establishments to include I-1 Light Industrial Councilmember Abel motioned to amend the zoning code to allow gaming in I-1 seconded by Councilmember Orrick.
City Attorney, Ms. Kate Swise, clarified the amendment asking confirmation from Council that the motion was to extend video gaming as a permitted use in I-1.
Council agreed.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert, read the request to Council to amend the zoning code to allow video gaming in B-3 and B-2 ancillary to a restaurant or tavern.
Councilmember Hilst questioned whether the current gaming parlors not in B-3 would be grandfathered in.
Mr. Rothert explained that the Council could allow gaming in other districts such as I-1 and suggested Council make an amendment.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Karen Hohimer, Councilwoman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert, read the request Council to amend the zoning code regarding placement of self-storage facilities explaining that the current code did not specifically address the placement of such units. The ordinance was approved unanimously by the Planning Commission.
Councilmember Hilst discussed concern with allowing self-storage on Broadway Street a few months ago and how the language in the ordinance would not allow the placement of storage units adjacent to residential.
Council continued the discussion of the self-storage units on Broadway should the business decided to expand.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Lloyd Orrick, Mayor Pro-Tem SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert read the request to Council to amend the zoning code to provide for construction of handicap access ramps in setback area of any yard on a residential lot. Mr. Rothert explained that the ordinance would remove the requirement that a homeowner seek approval from the Planning Commission and Council to construct a ramp even if it extends into the required set back as long as it met other code building and accessibility codes and did not ingress from or egress onto a city sidewalk or right of way.
Councilmember Hilst expressed concern that he did not have all the information as the minutes of the Planning Commission had not been approved.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Lloyd Orrick, Mayor Pro-Tem SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert, presented the request from the Planning and Zoning Commission to Council to consider a special use at 228 Margaret Street to allow paint-less dent repair in the B-3 District. Although not specifically listed in the municipal code, Council determined that the use would fall under automobile repair as a special use.
Councilmember Nutter discussed with Council if there should be consequences in place for the business for not obtaining a special use before opening the business and the business wanting to add gravel to the parking lot. Councilmember Nutter felt that additional gravel would wash out into the alley and would create a lake effect. Councilmember Nutter also questioned the previous agreement the city had with the owner of the property and whether there was a breach of contract since those plans had subsided.
Mayor Luft explained that in 2019 the city had worked out an agreement to move forward with a project at 228 Margaret Street but due to the pandemic those plans had been delayed. Mayor Luft further explained that the owner was losing revenue and continued with alternate plans.
Councilmember Orrick discussed with Council and staff the possible need for business licenses to help aid staff in determining what new businesses had opened and using those licenses as a mechanism to enforce code violations.
Mr. Rothert reminded Council that the City’s goal was to be more business friendly. Mr. Rothert also clarified that the alley was owned by the City and any drainage issues was the City’s responsibility.
Councilmember Hilst questioned whether an occupancy permit had been issued.
Mr. Rothert explained that no occupancy permit had yet been issued as inspections had determined that additional work needed to be completed.
Council continued to discuss the need for business licenses and it was the consensus to bring the tabled item back to Council for a vote.
| RESULT: ADOPTED [6 TO 1]
MOVER: Lloyd Orrick, Mayor Pro-Tem SECONDER: John P Abel, Councilman AYES: Hohimer, Nutter, Cloyd, Orrick, Abel, Luft NAYS: Rick Hilst |
Council discussed the length of the agreement and whether it was optimal timing.
Mr. Jarod McMorris, a representative from Good Energy, explained to Council that in normal circumstances, Spring and Fall showed the lowest rates, but due to the event in Texas and coming out of COVID, they did not see a decrease in the market. Mr. McMorris continued to explain that the pricing for street lights had not yet been determined and that the natural gas contract had been selected for 36 months and for the City to continue to save with that buying group, Council must agree to 36 months. The natural gas contract had been extended only to Pekin and East Peoria through today. Mr. McMorris continued the discussion stating that the rate was still competitive at 3.8 per therm and the City’s contract had expired on May 1. The new contract would begin July 1 and Mr. McNorris did not foresee the prices decreasing with the rebound in the market and increased demand. Mr. McMorris also explained that once Council had given approval to proceed with the electricity for the street lights he would present a price proposal and then evaluate the length of the contract. Mr. McMorris did not recommend entering into a contract for more than 3 years for electricity.
Councilmember Nutter questioned whether the city’s franchise agreement with Ameren covered the purchase of electricity for street lights.
Mr. McMorris explained that before COVID, Good Energy had worked closely with Ameren on franchise agreements. Mr. McMorris stated that they could now price out electricity for street lights on the open market now that the City was receiving cash instead of a discount, Good Energy could provide the City with an opportunity to save with another program.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Lloyd Orrick, Mayor Pro-Tem SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert, presented the request to Council to create a program to establish Honorary Street Names to recognize people for their achievement or significant events. Mr. Rothert informed Council that the fee for each sign would be $400. An application would be submitted and brought back to
Council for approval. Mr. Rothert complemented Councilmember Orrick for championing the program.
Councilmember Orrick thanked City Clerk, Ms. Sue McMillan, for her help.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Lloyd Orrick, Mayor Pro-Tem SECONDER: John P Abel, Councilman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
Finance Director, Mr. Bruce Marston, reminded Council that back in February they had approved a bus lease to Midwest Transit Equipment to lease to the City a total of 88 school buses and in order to finalize that lease it was necessary to designate the lease as a Qualified Tax-exempt Obligation under the Internal Revenue Code for the current 73 buses.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
Mayor Luft spoke in favor of addressing the fire station buildings with the current Council and not postponing the discussion to a future Council.
Councilmember Nutter discussed the surplus figure and whether the number needed to be increased to add more work. Councilmember Nutter also questioned the tourism line item and the funding of $25K in sponsorship.
Councilmember Orrick requested a complete plan for the fire department to begin engineering and design work on the building requesting an outside firms opinion.
Councilmember Hilst questioned whether approving the amendment to the budget approved building new fire stations. Mayor Luft explained that that the intent of the vote was to move forward and that Council would still need to approve the design firm.
Council had detailed discussion on the condition of the current fire stations, the cost of repairs, and the allocated funding sources along with the CDBG criteria of low to moderate income areas.
CDBG Program Manager, Mr. David Bess, explained that to qualify for CDBG funding 51% or more would have to service low to moderate income households. Fire district areas did not just go along the line of the census tract as some could be rural and turn into a non-low to moderate income area, but that the census data also required a margin of error. Mr. Bess stated that it would be very possible to qualify but a census of the area and would not be guaranteed. Mr. Bess added that the service area was key not necessarily the location but the area it serviced.
Councilmember Hilst questioned the yearly cost of the bond how many fire stations would be built. Mr. Rothert stated that it would depend on due diligence, on call load and response time and that a specific number could not be given yet.
Councilmember Cloyd encouraged any Councilmember to visit the fire stations and described one comparable to a third world country.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: Becky Cloyd, Councilwoman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
Pekin Bike Night and Downtown Super Cruise were annual events that had been held in the City for the last 15 years that had been supported by the City through its Tourism Fund.
Councilmember Orrick questioned what organization would receive the $3,500. Mr. Rothert explained that it was a volunteer group ran by firefighter Steve Bresnahan.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Manager, Mr. Mark Rothert, informed Council that Agenda Items 7.10 through 7.15 were all similar in form, each requesting funding through TIF to help businesses in one way or fashion.
Economic Development Director, Mr. Matt Fick, explained to Council that the deadline for this round of funding was June 4, 2021. The EDAC received 14
applications and based on the scoring system put in place by CivicServ, 6 applications were rated the top most eligible, and 5 were chose by the committee. Mr. Fick explained that Mr. Matt Scachette, President of Civicserv, created a scoring system that put more analytics behind the selection process. Pekin was being used as the pilot program, and Civicserv has also been working with other communities.
Mr. Matt Scachette explained the details of the software system and how it scored based on the goals of the City which included driving additional sales tax, adding new full-time employment jobs, constructions activities in higher tax assessment and local favor ship.
Councilmember Hilst felt that the system should have ranked all 14 applications to be placed on a list for approval. Councilmember Hilst did not feel he was given the same information as the advisory committees.
Councilmember Nutter also expressed concern that not all the applications were presented to Council. Councilmember Nutter also questioned the funding source in the budget. Mr. Rothert stated that there was $830K budgeted across all three TIF funds.
Councilmember Cloyd confirmed that $250K was budgeted for only this round.
Councilmember Orrick stated to Council that he had confidence that the staff handling the selection process were professionals and had faith in their decisions.
Council continued to discuss the selection process in detail along with prevailing wage requirements.
Mr. Rothert stated that Council not receiving all 14 applications was a misunderstanding on his part.
| RESULT: ADOPTED [6 TO 0]
MOVER: Dave Nutter, Councilman SECONDER: Karen Hohimer, Councilwoman AYES: Hohimer, Nutter, Cloyd, Orrick, Abel, Luft ABSTAIN: Rick Hilst |
7.11. Ordinance No. 2986-21/22 TIF Redevelopment Agreement with Kelly Madden (DBA Primo Strength and Conditioning)
7.12. Ordinance No. 2987-21/22 TIF Redevelopment Agreement with Steger's LTD dba Steger's Furniture
7.13. Ordinance No. 2988-21/22 TIF Redevelopment Agreement with IDUNNTHAT, Inc.
7.14. Ordinance No. 2989-21/22 TIF Redevelopment Agreement with 8th Street Sweet Spot Operating Company
7.15. Ordinance No. 2990-21/22 TIF Redevelopment Agreement with SNH Investment, Inc.
7.16. Discussion - TIF Incentive Policy for New Residential Homes City Manager, Mr. Mark Rothert, led the discussion regarding the TIF incentive policy for new residential homes. Mr. Rothert reminded Council that the City created a new tax increment finance district in January 2021 to help foster growth and development in the community. Mr. Rothert proposed that the city would establish an incentive program designed to incentivize individuals and families to build a new primary residence on property located in a residentially zoned area of an existing TIF District in the City. Mr. Rothert explained the two reimbursement options of 80% or 100%.
Councilmember Orrick questioned how many lots were available to build on. Mr. Rothert said that he spoke to Dave Whitehurst and he had 20 or so to be purchased and possibly 50 homes.
Councilmember Orrick expressed concern that the program targeted upscale wages and felt the city should look at older homes for rehab or a first time home buyer program.
Mr. Rothert explained that what would make the program work is it being in a TIF district and Council could choose to expand the Court Street TIF to the entire south side.
Councilmember Hohimer also expressed interest in targeting new homeowners and veterans and giving incentives to rehab older homes they could afford.
Councilmember Nutter also agreed to target renovation of current residences. Councilmember Orrick spoke in favor of expanding the TIF district.
Mr. Rothert explained that the TIF fund grows by promoting new growth and reimbursing for eligible expenses like land acquisition.
Mr. Rothert added that working on a rehab program was more time intensive hence more staff time.
Councilmember Cloyd suggested sticking with the proposed plan and expanding on other options later.
Councilmember Orrick stated he supported either option.
Mr. Rothert said he would bring forward additional recommendations.
7.17. Resolution No. 276-21/22 Approving Master Service Agreement with Hanson for Roadway Design Engineering
City Engineer, Ms. Josie Esker, presented the request to Council to approve a masters service agreement with Hanson Professional Services for roadway design engineering professional services over the course of the next five years. To ensure compliance staff chose to follow the Qualifications Based Selections procedure. Ms. Esker assured Council that Hanson had done quite a bit of work in the past and were one of the top firms in the area. Ms. Esker also stated that the agreement would simplify task time.
Councilmember Hilst requested clarification on the language under Section 2 that stated that the City Manager or mayor could modify the agreement without coming back to Council.
City Attorney, Ms. Kate Swise, stated that Councilmember Hilst was correct and that it was standard language but the Mayor or City Manager could not make any substantial changes, only modify minor changes.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Becky Cloyd, Councilwoman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Engineer, Ms. Josie Esker, presented the request to Council to enter into an agreement with Hanson Professional Services for Phase One of the Derby Street Project between 2nd and 4th Street. Ms. Esker stated that Phase 2 would be an additional cost.
Councilmember Orrick questioned if Phase 1 would determine if more right-of way was required. Ms. Esker stated that it was one of the primary objectives in Phase One.
Cindy Lewis from Hanson Professional Services stated that alternatives for the different blocks and public involvement would be included with Council’s direction to move forward.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Becky Cloyd, Councilwoman SECONDER: John P Abel, Councilman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Engineer, Ms. Josie Esker, presented the request to Council to approve a master services agreement with Terra Engineering Ltd. For roadway engineering professional services over the course of the next 5 years. To ensure compliance staff chose to follow Qualifications Based Section procedure. Ms. Esker stated that Terra would assist the City with roadway design and project administration on an as needed basis. Ms. Esker added that she felt the application was a strong submittal.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Becky Cloyd, Councilwoman SECONDER: Karen Hohimer, Councilwoman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Engineer, Ms. Josie Esker, presented the request to Council to enter into an agreement with Terra Engineering Ltd for the engineering design of the Downtown Rehabilitation Project. Ms. Esker stated that this was the follow up to the previous agenda item and that the first project was the downtown rehabilitation project with a heavy ADA aspect of getting ramps up to current standards. Ms. Esker explained that staff has been working with the railroad to provide pedestrian crossing, which will include Phase 1 and Phase 2 design and preliminary sewer storm cost estimate. Ms. Esker added that there was currently a combined sewer but was something that still needed discussed to separate the system like Court Street downtown area.
Mr. Rothert confirmed with Council that funding would come from TIF in the column for the reserve funds coming from the $2M allocated. Mr. Rothert further explained that it was a lot of mixing and matching of funding sources with Derby Street being paid out of TIF, BDD, and reserve funds, and downtown was being paid out of reserve funds because it was a lower amount needed. Construction would begin in the next few weeks.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Becky Cloyd, Councilwoman SECONDER: John P Abel, Councilman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Engineer, Ms. Josie Esker, explained to Council that the request was an agreement with IDOT to utilize federal funding for Parkway Drive project to resurface the road with new asphalt from Willow Street to City limits at Lick Creek. Ms. Esker advised that the project was awarded federal Surface Transportation Program – Urban funding for construction of the project up to $268,000. Total cost of the project was estimated at $962,000, the difference to be paid for with the Rebuild Illinois funds previously approved by Council.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Engineer, Ms. Josie Esker, presented the request to Council to award a construction contract for traffic signal work at Valle Vista and Court and at Entrance and Court to Laser Electric, Inc. Ms. Esker explained that it was preferable to have included the award in the original contract but was required to bid it out separately. Signal work would include emergency traffic signals at the fire station that could only be activated by the press of a button from inside the fire station or emergency vehicles that approach with their lights on. Ms. Esker concluded that three bids were received for the project with the low bid being 24% over the Engineers estimate.
Councilmember Orrick spoke in favor of the agenda item stating that the City had previously tried to get the State to do the project and it was denied because it was a T intersection.
Councilmember Nutter pointed out that the resolution had a budgeted amount of $3.5M but the amended budget had an amount of $3.3M. Ms. Esker explained that there was another figure off to the side on the capital budget located on the front sheet. Mr. Rothert confirmed that it stated $3.3M with a total of $3.5M available.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Becky Cloyd, Councilwoman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Engineer, Ms. Josie Esker, presented the request to Council to award street maintenance patching to R.A. Cullinan and Son to hot-mix asphalt patch the roads in the previously approved 2021 Street Maintenance Plan in advance of the chip seal project. The City received two bidders and was significantly over budget by 39%. Ms. Esker stated that because it was a fairly low dollar amount it could be fit into the MFT resolution budget.
Councilmember Hilst pointed out that the request stated that because of the overage some reductions in scope may be needed in order to stay within the MFT resolution amount and questioned whether that was referring to the asphalt patching project. Ms. Esker explained that it would depend on what the other bids came back at but felt if the bids came back lower on some of the other projects it would even itself out. Should the bids come back higher, the City may have to reduce what roads are patched and chip sealed, but felt it would not be a huge reduction.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: John P Abel, Councilman AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
| RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Lloyd Orrick, Mayor Pro-Tem AYES: Hilst, Hohimer, Nutter, Cloyd, Orrick, Abel, Luft |
City Engineer, Ms. Josie Esker, announced that there would be a special meeting of the Council on Thursday at Noon.
Councilmember Hohimer stated that she and her family enjoyed the Downtown Street Party last weekend.
Councilmember Abel thanked the street department for the big cleanup after the storm and questioned why police vehicles were being serviced in East Peoria.
Fleet Manager, Mr. Dan Jost, explained that East Peoria’s turnaround time was days as opposed to weeks locally.
Councilmembers Hilst and Nutter also thanked the street department for the big cleanup after the storm.
Councilmember Cloyd stated that as a newly elected official she has immersed herself in all information she can find but proposed that the City of Pekin Code of Conduct voted on March of 2010 be updated and amended.
Mayor Luft announced that after 42 years and 9 months, Yvonne Johnson, the bus department coordinator, retired. Mayor Luft also commented on the success of the Downtown Street Party event over the weekend and thanked Amy McCoy from the Chamber,
the Matthews Family, the Tourism Committee and all staff involved. Lastly, Mayor Luft also announced the ground breaking ceremony for Court Street that took place earlier that morning.
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 Orrick, to adjourn, seconded by Council Member Hohimer. Motion carried viva voce. Mayor Luft adjourned the meeting at 8:58 P.M.
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