City of Pekin City Council met May 23.
Here are the minutes provided by the council:
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Orrick.
CALL TO ORDER
City Clerk Sue McMillan confirmed all Councilmembers were present except for Councilmember Hohimer who was absent.
| Attendee Name | Organization | Title | Status | Arrived |
| Rick Hilst | City of Pekin | Councilman | Present | 5:15 PM |
| Karen Hohimer | City of Pekin | Councilwoman | Absent | 5:30 PM |
| Dave Nutter | City of Pekin | Councilman | Present | 5:12 PM |
| Becky Cloyd | City of Pekin | Mayor Pro tem | Present | 5:14 PM |
| Lloyd Orrick | City of Pekin | Council Member | Present | 5:16 PM |
| John P Abel | City of Pekin | Councilman | Present | 5:11 PM |
| Mark Luft | City of Pekin | Mayor | Present | 5:13 PM |
Councilmember Hilst discussed the omission of one of the agenda items that were voted to be postponed during the last meeting to the current meeting.
Mayor Luft explained that more information from other municipalities was needed and would be wrapped up soon.
Councilmembers discussed Robert’s Rules and ultimately decided that the agenda item regarding Ordinance No. 3080-22/23 amending the code regarding a sidewalk snow removal policy be placed on the next meetings agenda for a public hearing.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Lloyd Orrick, Council Member SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: APPROVED [UNANIMOUS]
MOVER: Lloyd Orrick, Council Member SECONDER: John P Abel, Councilman AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
4.2. City Council - Special Meeting - May 12, 2022 3:30 PM
PUBLIC INPUT
John McNish spoke of a receipt for reimbursement from a Councilmember regarding the State of the City. Mr. McNish also spoke about the following: Ethics Committee, attorney costs, city meddling in the primary and negative publicity, gaming fees, firefighters pension, city manager contract, city goals, tall grass, AMT contract, executive session minutes, buckle in the road near Buffalo Wild Wings, flashing yellow lights on Court Street.
Claire Whiting spoke in favor of the agenda item regarding Ordinance No. 3084-22/23 approving a TIF Redevelopment Agreement for Rustic Root Salon. Ms. Whiting was looking to open this business downtown as a full service salon offering hair, skin and nail services; a place for the next generation to come and hang out. Ms. Whiting hopes to be open by August 1.
Roger Brotherton spoke regarding the construction date at the Riverfront.
Public Works Director, Mr. Justin Reeise, stated that he had spoken to the railroad and anticipated construction the second week of June. Mr. Reeise added that the City did not control the timeline but would have a contracted cleanup service come in before. The project should only take a couple of days.
Mr. Brotherton described the Riverfront stating that there was open burning, mattresses, furniture, paint cans, alcohol cans, dirty diapers, etc.
Mayor Luft explained that the homeless was an epidemic everywhere and that the federal government had passed new laws. No cash bail is required if a homeless person is arrested. Mayor Luft explained that Pekin was the County Seat and that the services and programs were here through the County. Mayor Luft requested that the street sweeper be run through the Riverfront to clean it up a bit.
CONSENT AGENDA
Councilmember Nutter requested Agenda Item 6.5 Ordinance No. Variance Request by Jacob & Megan Shreffler at 2423 Tazewell Street (Case V 2022-05) be moved to New Business item No. 9.16 for further clarification regarding the gravel.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Lloyd Orrick, Council Member SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
6.2. Proclamation Asian Pacific American Heritage Month
6.3. Proclamation National Safe Boating Week May 21-27, 2022
6.4. Ordinance No. 3081-22/23 Special Use Request for Revision by VP Racing Fuel at 900 N 5th Street (Case SU 2021-12)
REPORT ELECTRIC AGGREGATION UPDATE
Charles de Casteja, managing partner of Good Energy spoke regarding the current issue with electric aggregation. Charles explained that the high cost of the utilities were related to supply costs due to inflation. The utility had to purchase on Monday after Easter and it had been the highest day in 15 years. The utility came out with their June rates that were published and provided to the City Manager and those rates had essentially tripled. The utility had not purchased enough power and bought more on Monday. Good Energy made the decision to return the customers to Ameren default rate because the rate would have been higher had they not. If you were on an alternate supplier you could come off for two months but then would need to make a decision for the remainder 10 months. The market was volatile. Good Energy will be trying to find a hedge starting in August and believe that the markets will settle down. The mid continent grid for the Ameren utility and 11 other states, scheduled retirements of fossil fuels with a natural transition into renewals. During COVID, those scheduled renewables fell behind due to supply issues, tariffs with China, and natural gas being one of the biggest feeds for electricity increased. As natural gas prices increase so does power. It would take six years to bring up the old plant. Residents do not have to take any action. If a purchase is made there will be an opt out period but the moment to purchase may come suddenly within the next two weeks ideally before Good Energy would have to inform customers that they did not get the rate and would be returned to the utility for the rest of the year. The period Good Energy is trying to lock in is for 28 months beginning in August, if it cannot lock in a rate that means that Ameren was the better deal.
UNFINISHED BUSINESS
8.1. Resolution No. 413-22/23 Approve Class Action Consent Decree City Manager, Mr. Mark Rothert, described the resolution regarding the approval of the Class Action Consent Decree. Mr. Rothert remined Council that this was a revisit from two weeks ago related to ADA compliance with sidewalks. The class action lawsuit took place in April 2021 and the consent decree would settle all claims. In the decree the City agreed to hire an engineering consultant and create a transition plan to prioritize repair and improvement of all inaccessible sidewalks. The City also agreed to spend $250K a year for improvements and procure $1.5M on accessibility improvement over the next 3 years. The City’s cost-share for settlement of the lawsuit was requested up to $400K in settlement costs, other costs were budgeted and realized throughout the year with capital projects. The insurance company would pay out $500K, equitable to $350K. The requested amount of $400K was due to administrative costs for mailings as part of the agreement would come out of the general fund reserves.
Councilmember Hilst discussed the types of complaints that could be filed.
Mr. Justin Reeise added that all sidewalks evaluated by TWM would move to the top of the list.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Lloyd Orrick, Council Member SECONDER: John P Abel, Councilman AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
Councilmember Hilst questioned whether the Council was in agreement of scheduling a public hearing regarding the snow removal policy the same night as the vote or a separate night prior the vote. Councilmember Hilst supported holding a public hearing prior to the vote.
Mayor Luft recommended scheduling a public hearing at the June 13, 2022 regularly scheduled Council Meeting and scheduling the snow removal policy on the July 11, 2022 Council Meeting agenda for a vote.
Councilmembers all gave their consensus.
8.3. Resolution No. 414-22/23 Approve Engineering Agreement with TWM (Thouvenot, Wade & Moerchen, Inc.)
City Manager, Mr. Mark Rothert, presented the request to Council to approve and adopt the resolution approving the engineering agreement with TWM to survey all of the City’s sidewalks, prioritize sidewalks, and produce an updated Right-of Way Transition Plan for ADA Compliance. The item was tied to the Class Action Consent Decree, as TWM Inc. was specifically named as the consultant in that agreement and the survey and transition plan was an item that the opposing counsel felt strongly about. The RFQ was published in early 2020 with eleven responses. The City Engineer along with opposing counsel agreed that TWM, Inc. was best suited. The agreement outlined the scope of work that included an hourly rate service outside of the scope of the agreement that would need to fulfill the requirements of the Consent Decree.
Council discussed that any amount over $15,000 would come back to Council for approval and adding to the list any restoration by utilities and contractors that were not city projects.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Lloyd Orrick, Council Member SECONDER: Rick Hilst, Councilman AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
Motion to: Omnibus Approval Vote for 9.1-9.6
Economic Development Director, Mr. Matt Fick, discussed the application and publication process of the TIF applications. Mr. Fick stated that the opportunity to apply was published in the newspaper, posted on Facebook and the website. Staff scored the 23 applications received eternally first, then presented the applications to the EDAC in which that body ultimately decided which projects should be funded. Mr. Fick added that no applicant was funded to the full extend and 17 applicants were chosen.
Councilmember Nutter discussed that some of the agreements written were out of the Court Street TIF and stated that there was no money budgeted. Mr. Rothert stated that there was some language in the ordinance stating that a transfer was allowed from the CBD TIF to the Court Street TIF. Mr. Fick followed up stating that agenda items 9.3, 9.5 and 9.6 allowed for the transfer.
Councilmembers thanked the EDAC for their lending expertise on the projects.
Councilmember Orrick questioned whether Olivia’s Playhouse had a personal guaranty in the agreement. Ms. Swise stated that Olivia’s Playhouses’ agreement was between the City and the LLC but the section lists Lisa Fuller as a separate signatory and would be signing in her capacity.
Council discussed the mix of funding source and how more projects would come forward at the next meeting. The BDD line item was budgeted for $600K but $470K was to be held back for other future projects.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: ADOPTED [UNANIMOUS]
MOVER: John P Abel, Councilman SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
City Manager, Mr. Mark Rothert, presented the ordinance amending litter control stating that the Building Division recommended changes that required the use of screening for permanent dumpsters and to clarify the ordinance regarding illegal dumping. The recommendation would require the installation of dumpster screening enclosures for commercial properties and residential properties that are required, by code, to have a dumpster on site. The amendment addressed any issues with loose litter, the prevention of illegal dumping and enhanced appearance for adjoining properties. The ordinance outlined compliance for existing dumpster within 1 year of adoption by City Council.
Chief Building Officer, Mr. Nic Maquet, stated that letters would be sent out notifying businesses of the change to the ordinance.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: Lloyd Orrick, Council Member AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: John P Abel, Councilman AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
City Manager, Mr. Mark Rothert, presented the request to Council to approve a resolution for the purchase of two new fire department command vehicles through Morrow Brothers Ford utilizing government pricing. Consideration was given between leasing versus buying the vehicles. The department utilized a “hand me down system” with respect to Command vehicles in similar fashion to the fire apparatus.
Deputy Fire Chief, Tony Rendelman explained that the fire department did not have any extra small vehicles and that their goal was to be as lean as possible. Several of their vehicles were over 100,000 miles and approaching their 20 year mark. Local dealers could not come within $10,000. The vehicles were expected to arrive in October, but could be longer.
| RESULT: APPROVED [4 TO 2]
MOVER: Becky Cloyd, Mayor Pro tem SECONDER: John P Abel, Councilman AYES: Dave Nutter, Becky Cloyd, John P Abel, Mark Luft NAYS: Rick Hilst, Lloyd Orrick ABSENT: Karen Hohimer |
Public Works Director, Mr. Justin Reeise, predicted lead times on receiving the vehicles to be between 8-10 months. Mr. Reeise provided a handout to Council explaining that the warranty and maintenance agreement was in line with the 5 year lease term.
Councilmember Hilst expressed concern with parked vehicles in the street. Mr. Reeise assured Councilmember Hilst hat the timing of the routes would be altered to accommodate but may have to have some individual homes adjust where they put their cans.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Becky Cloyd, Mayor Pro tem SECONDER: Lloyd Orrick, Council Member AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
Public Works Director, Mr. Justin Reeise, answered Councilmember Orrick’s question stating that the only cost was their rent of $10, which was also their proposal.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Becky Cloyd, Mayor Pro tem SECONDER: Lloyd Orrick, Council Member AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
City Manager, Mr. Mark Rothert, presented the request to Council to approve a resolution awarding the purchase of security cameras from Heart Technologies for Pekin Municipal Airport.
Mayor Luft praised Airport Manager, Mr. Todd Dugan, for all his success and helping to meet airport goals and being award aviation of the year. Mayor Luft wished Mr. Dugan luck on his new endeavor.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Becky Cloyd, Mayor Pro tem SECONDER: John P Abel, Councilman AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
City Manager, Mr. Mark Rothert, presented the request to Council to approve a resolution renewing the annual enterprise license agreement through the Environmental Systems Research Institute (ESRI) for Geographic Information System (GIS) software. The software was utilized by almost all departments within the City.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Becky Cloyd, Mayor Pro tem AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
City Manager, Mr. Mark Rothert, presented the request to Council to approve the resolution for the renewal purchase of the software, support and maintenance from Springbrook, which helps manage financial and human resources reporting systems. The initial contract was awarded in 2009 and continues meet the needs of the city and its user community.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Lloyd Orrick, Council Member AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
City Manager, Mr. Mark Rothert, presented the request to Council to approve a resolution authorizing the execution of a supplier agreement related to electric aggregation. The resolution authorized the Mayor or City Manager to execute the agreement on behalf of the city, if and only if the price submitted was competitive with comparable Ameren rates effective August 1, 2022. Should Good Energy be successful an obtaining an aggregated electric supply rate through a signed contract, all residents and small businesses would be automatically enrolled in the program with a mandatory 60-day “opt-out” period to get out of the aggregation program, if they so choose.
Council discussed that the high range non summer peak rates were not budgeted that high and if the budget would need amended. Mr. Rothert pointed out that the city’s facilities and street lights were locked into a 3 year rate at 8 cents.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Hilst, Councilman SECONDER: Lloyd Orrick, Council Member AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Dave Nutter, Councilman SECONDER: John P Abel, Councilman AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
A motion was made by Councilmember Nutter seconded by Councilmember Orrick to approve and adopt Ordinance No. 3082-22/23 Variance Request by Jacob & Megan Shreffler at 2423 Tazewell Street (Case V 2022-05).
Councilmember Orrick expressed his concern that the ordinance did not coincide with the current code of ordinances regarding gravel. Councilmember Orrick questioned the Council on whether the City Code of Ordinances needed to be modified as their were concern that a precedent was being established.
Chief Building Official, Mr. Nic Maquet, stated that he felt he could work with the Public Works Director and the City Engineer and look at each variance case by case to be consistent, as opposed to modifying the ordinance.
Mr. David Bess explained that the variance was requested due to the high cost of concrete and that the access drive would not be visible from the road. The drive was 198 feet from the street and 35 feet to the gate approach.
Mr. Maquet added that variance was for an access drive to a pole barn behind the primary structure.
Council continued discussing the options of requiring a concrete drive suggesting it would need to be extended over a certain time period or extended the concrete requirement additional feet.
Mayor Luft suggested moving the item to the next agenda so more time would be allowed to visit the property and make a decision.
A motion was made by Councilmember Nutter seconded by Councilmember Abel to layover Ordinance No. 3082-22/23 Variance Request by Jacob & Megan Shreffler at 2423 Tazewell Street (Case V 2022-05) to the regular scheduled Council Meeting of June 13, 2022.
| RESULT: LAYED OVER [UNANIMOUS]
Next: 6/13/2022 5:30 PM MOVER: Dave Nutter, Councilman SECONDER: John P Abel, Councilman AYES: Hilst, Nutter, Cloyd, Orrick, Abel, Luft ABSENT: Karen Hohimer |
Public Works Director, Mr. Justin Reeise, announced that last weekends bulk waste pickup event was a success.
Councilmember Nutter discussed the status of the cleanup on the riverfront and the tree clearing. Councilmember Nutter stated that the railroad was instructed not to stop for anything left on the railroad tracks. Councilmember Nutter questioned the Finance Director on an accounts payable item for the Park District and how a payment was listed for January 2021 and December 2021.
Finance Director, Mr. Bruce Marston, explained that the City had a contractual agreement with the Park District and that the City paid a percentage to share utilities in that area.
Councilmember Hilst also spoke regarding the homeless at the riverfront and how they were trespassing on private property. Councilmember Hilst also reminded residents that garbage would be one day behind due to the Memorial Day holiday.
Councilmember Cloyd announced that the grocery tax was extended until June 30, 2023 and that there was a link to an article on her City Council Facebook page.
Mayor Luft thanked Amy McCoy from the Pekin Chamber of Commerce and resident Gary Gillis on the success of the podcast, “What’s the Story, Pekin?”. Mayor Luft also congratulated all the graduates this year.
EXECUTIVE SESSION 5 ILCS 120/2 (C) 11. LITIGATION AND 6. LEASING OF MUNICIPALLY OWNED PROPERTY
A motion was made by Councilmember Hilst seconded by Councilmember Cloyd to move into Executive Session to discuss 5 ILCS 120/2 (c) 11. Litigation and 6. Leasing of Municipally Owned Property at 8:37 PM. On roll call vote all present voted Aye. Motion passed.
Mayor Luft announced that no action would be taken after Executive Session.
ADJOURN
Seeing no further action of the Council, a motion was made by Councilmember Orrick seconded by Councilmember Abel to adjourn at 9:15 PM.
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