Commissioner Seth Mingus, Public Health and Safety | City of East Peoria
Commissioner Seth Mingus, Public Health and Safety | City of East Peoria
City of East Peoria City Council met Dec. 19.
Here is the agenda provided by the council:
The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor John P. Kahl presiding at 6:00 P.M. with proper notice having been given.
Upon the roll being called the following answered present: Mayor John P. Kahl, Commissioner Mark E. Hill, Commissioner Seth D. Mingus, and Commissioner Michael L. Sutherland.
Absent: Commissioner Daniel S. Decker.
The invocation was given by Commissioner Hill.
Mayor Kahl led the Council and the audience in the pledge of allegiance to the flag.
Motion by Commissioner Mingus, seconded by Commissioner Sutherland; Mr. Mayor, I move that the minutes of the Regular Meeting held on December 5, 2023 be approved as printed.
Yeas: Commissioner Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
2023 Festival of Lights Queen Jenessa Bowen and members of the East Peoria Beautification Commission announced the winners of the Christmas Splendor Contest. The winners for the (1) Folepi Christmas Splendor for excessive use of outdoor decorations, The More The Merrier Award were First place - 113 LaSalle Drive and Second place - 610 S Pleasant Hill Road; (2) Festive Inflatables, Five or More Inflatable Decorations on Display Award were First place - 109 Cotton Lane and Second place - 1243 Meadow Avenue; (3) Traditional, Anything from Simple to Elegant Award were First place - 105 Louis Court and Second place - 511 James Parkway, Washington; (3) Business/Church/School Award were First place - Immanuel Evangelical Lutheran Church, 526 E Washington Street and Second place - Century 21 Lincoln National Realty, 252 E Washington Street; (4) Spirit Award, judges' choice was 55 Matheny Road; and (5) Neighborhood Award was Helene Court. Mayor Kahl and Commissioners congratulated the winners.
Mayor Kahl stated if there was anyone in the audience who wanted to speak on any items on the agenda to come to the podium and state the matter or matters to be discussed. There was no response.
CONSENT AGENDA ITEMS BY OMNIBUS VOTE:
Mayor Kahl asked if any Commissioner wished to remove any items from the Consent Agenda for discussion. There was no response.
Motion by Commissioner Hill, seconded by Commissioner Mingus; Mr. Mayor, I move to adopt a consent agenda consisting of items numbered 1 through 4 as listed on the agenda for this meeting to be considered by omnibus vote.
Item Number 1 - Adoption of Resolution Number 2324-113 – Resolution to Approve Payment of the Schedule of Bills Listed on Schedule Number 14 in the amount of $2,455,329.32.
Item Number 2 - Adoption of Resolution Number 2324-107 on its Second Reading - Resolution Approving of Cyber Security Insurance Coverage.
Item Number 3 - Adoption of Resolution Number 2324-105 on its Second Reading - Resolution Approving the Purchase of Laptops and Related Accessories for the Fire and Police Departments from Midwest Public Safety.
Item Number 4 - Adoption of Ordinance Number 4768 on its Second Reading - (AN ORDINANCE AMENDING THE CITY OF EAST PEORIA PERSONNEL POLICY MANUAL REGARDING PAID LEAVE PROVISIONS FOR CITY EMPLOYEES.)
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Motion by Commissioner Hill, seconded by Commissioner Sutherland; Mr. Mayor, I move you that Items numbered 1 through 4 listed on the Consent Agenda be hereby approved and adopted, the items numbered 2 through 4 having been read once by their title and having laid on the table for no less than one week for public inspection be adopted as presented.
Item Number 1 - Adoption of Resolution Number 2324-113 – Resolution to Approve Payment of the Schedule of Bills Listed on Schedule Number 14 in the amount of $2,455,329.32. (Adopted by omnibus vote)
Item Number 2 - Adoption of Resolution Number 2324-107 on its Second Reading - Resolution Approving of Cyber Security Insurance Coverage. (Adopted by omnibus vote)
Item Number 3 - Adoption of Resolution Number 2324-105 on its Second Reading - Resolution Approving the Purchase of Laptops and Related Accessories for the Fire and Police Departments from Midwest Public Safety. (Adopted by omnibus vote)
Item Number 4 - Adoption of Ordinance Number 4768 on its Second Reading - (AN ORDINANCE AMENDING THE CITY OF EAST PEORIA PERSONNEL POLICY MANUAL REGARDING PAID LEAVE PROVISIONS FOR CITY EMPLOYEES.) (Adopted by omnibus vote)
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried and the items adopted by omnibus vote designation.
Motion by Commissioner Hill, seconded by Commissioner Mingus; Mr. Mayor, I move you that Ordinance No. 4769 hereto attached, (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR AN ACCESSORY STRUCTURE FOR PROPERTY LOCATED AT 118 HILGERS LANE IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS) be read at length by the Clerk, and that said Ordinance No. 4769 be accepted on its first reading, and be hereby adopted as presented.
The City Clerk read the ordinance at length.
Commissioner Hill commented on the special use for an accessory structure that is located at 118 Hilgers Lane. He explained that there is a long driveway that leads to the shed. Given the property configuration, the shed sits between another property and East Washington Street so its visibility is somewhat screened by the adjacent property. While the shed could potentially be placed to the side or behind the house, the selected location was likely easier with respect to any sort of leveling/filling and offered an unobstructed path to place the shed.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried and Ordinance No. 4769 to be duly adopted as presented.
Motion by Commissioner Hill, seconded by Commissioner Mingus; Mr. Mayor, I move you that Ordinance No. 4770 hereto attached, (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR AN ADDITIONAL ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 142 FANDEL DRIVE IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS) be read at length by the Clerk, and that said Ordinance No. 4770 be accepted on its first reading, and be hereby adopted as presented.
The City Clerk read the ordinance at length.
Commissioner Hill commented on the location of the proposed special use. The petition is for a third accessory structure on this property. The additional structure also puts the property over the 1,250 square feet allowed by code. The petitioner has indicated a new driveway will be installed to connect this garage to the existing driveway. Given the character of the neighborhood (many other gravel drives in the vicinity – more than forty percent within 500 feet), the new driveway is eligible to be gravel, as well.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried and Ordinance No. 4770 to be duly adopted as presented.
Motion by Commissioner Hill, seconded by Commissioner Sutherland; Mr. Mayor, I move you that Ordinance No. 4771 hereto attached, (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR OFF PREMISES SIGN ON PROPERTY LOCATED AT 1200 EAST WASHINGTON STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS) be read at length by the Clerk, and that said Ordinance No. 4771 be accepted on its first reading, and be hereby adopted as presented.
The City Clerk read the ordinance at length.
Commissioner Hill commented on the location of the proposed sign. The petition is for a replacement to an existing off-premises sign structure. At present, the off-premises sign here is located above the roof of the building. This is far from ideal and not permitted by code (if this were a new location). In the petition here, the property owner is proposing to relocate the off-premises sign from the roof to a ground-mount location on the property. While it will be changeable copy and backlit, it will be smaller than the existing boards and be approximately ten feet by thirty feet.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried and Ordinance No. 4771 to be duly adopted as presented.
Motion by Commissioner Hill, seconded by Commissioner Mingus; Mr. Mayor, I move you that Ordinance No. 4772 hereto attached, (AN ORDINANCE AMENDING ZONING REGULATIONS IN TITLE 5 OF THE EAST PEORIA CITY CODE FOR SPECIAL USES ALLOWED IN B-1 BUSINESS DISTRICTS TO INCLUDE OUTDOOR ATHLETIC FACILITIES) be read at length by the Clerk, and that said Ordinance No. 4772 be accepted on its first reading, and be hereby adopted as presented.
The City Clerk read the ordinance at length.
Commissioner Hill commented on the proposed ordinance code amendment. The petition is to change the code to allow outdoor training facilities as a Special Use in B-1, Business District. While code change petitions are usually generated by the City, this one is being requested by an interested party. Traditionally, this zoning classification has been reserved for low-intensity commercial uses such as offices. However, in cases where a use such as this one would include outdoor activity, a Special Use process is recommended to offer neighbors an opportunity to weigh-in as well as provide opportunities for reasonable conditions to ensure neighborhood harmony. As such, any future ZBA cases under this new language will require City Council approval.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried and Ordinance No. 4772 to be duly adopted as presented.
Motion by Commissioner Hill, seconded by Commissioner Sutherland; Mr. Mayor, I move you that Ordinance No. 4773 hereto attached, (AN ORDINANCE AMENDING THE CITY OF EAST PEORIA ZONING CODE TO NO LONGER ALLOW CANNABIS CULTIVATION CENTERS AS A PERMITTED USE IN THE CITY OF EAST PEORIA) be read at length by the Clerk, and that said Ordinance No. 4773 be accepted on its first reading, and be hereby adopted as presented.
The City Clerk read the ordinance at length.
Commissioner Hill commented on the code amendment. The petition is to eliminate the potential for both medical and adult-use cannabis cultivation centers to locate in the City. These centers typically require a sizeable facility and property size so potential locations are limited here in the City but still a possibility. Mayor Kahl explained that the city does not currently have a cannabis cultivation center. He explained that there is a cultivation center that is located off of Route 39 and he noted that there is a smell that is around the center that is not a pleasant. He does not think it is a good fit for the city. The Zoning Board of Appeals voted 6-0 to recommend approval of the proposed code change.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried and Ordinance No. 4773 to be duly adopted as presented.
Resolution No. 2324-110 by Commissioner Hill, seconded by Commissioner Mingus; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 2324-110, hereto attached, a Resolution Approving Annual Renewal of Software Maintenance & Support Services from Harris Computer Systems for the City’s Enterprise Software System, be approved. Mr. Mayor, I move you that this Resolution No. 2324-110 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.
Commissioner Hill explained that the City is in the process of implementing Tyler Technologies as the City’s Enterprise Software System. The City currently uses the Harris Computer Systems until the new system is implemented. This is for the renewal of Harris Computer Systems Enterprise Software System.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Motion by Commissioner Hill, seconded by Commissioner Mingus; Mr. Mayor, I move you that Ordinance No. 4774 hereto attached, (AN ORDINANCE AMENDING THE HOTEL AND MOTEL TAX PROVISIONS OF THE EAST PEORIA CITY CODE TO INCLUDE ONLINE FACILITATION OF SHORT-TERM RENTAL
UNITS) be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.
Commissioner Hill commented on the ordinance. This ordinance is seeking to ensure that online sites and other web-based or social media-based facilitators of short-term rentals are covered under the City’s hotel motel tax provisions of the City Code. This Ordinance revises the City Code to include these facilitating businesses and websites as the types of entities that are obligated to pay the City’s hotel-motel tax in the same manner as a regular hotel or motel in the City. The City currently requires short-term operators to pay the City’s hotel-motel tax. However, it can be difficult for the City to determine when short-term rental units are being rented and hotel-motel taxes are to be paid. By clearly imposing this obligation in the City Code to pay the City’s hotel-motel tax, these online facilitating businesses and websites have indicated a stronger inclination to comply with the City’s requirement to pay the City’s hotel-motel tax for these short-term rentals that are facilitated by these online facilitating businesses and websites.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Resolution No. 2324-109 by Commissioner Sutherland, seconded by Commissioner Mingus; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 2324-109, hereto attached, a Resolution Approving Agreement with Midwest Engineering Associates to Provide Design and Construction Engineering Services for Phase III Pinecrest Drive Pavement Patching Project, be approved. Mr. Mayor, I move you that this Resolution No. 2324-109 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.
Mayor Kahl explained that the City Council has been making repairs on Pinecrest in two phases that goes to the overpass. The last section is from Iron Mountain until the end of the road.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Resolution No. 2324-111 by Commissioner Sutherland, seconded by Commissioner Hill; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 2324-111, hereto attached, a Resolution Approving Revised Contract Arrangement for Acquisition of New Dump Truck for the City’s Public Works Department, be approved. Mr. Mayor, I move you that this Resolution No. 2324-111 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.
Mayor Kahl explained that the City approved the purchase of a dump truck back in 2022. It was to be a few years before we received the chassis and body. He explained that the vendor could not honor the price. The city is approving the change in the price and vendor. There is a difference of $19,268, which is $4,521 less than what the body increase was to be with the previous vendor, Henderson.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Motion by Commissioner Mingus, seconded by Commissioner Sutherland; Mr. Mayor, I move you that Ordinance No. 4755, hereto attached, (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR SHORT TERM RENTAL ON PROPERTY LOCATED AT 108 CARROLL STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS) having been read once by its title and having been laid on the table for no less than one week for public inspection, be adopted as presented.
Commissioner Mingus commented on the process of the proposed Special Use for a short-term rental. He commented on the conditions of the short-term rental.
Yeas: Commissioners Hill, Mingus, and Sutherland.
Nays: Mayor Kahl.
Mayor Kahl declared the motion carried and Ordinance No. 4755 be adopted as presented.
Resolution No. 2324-112 by Commissioner Mingus, seconded by Commissioner Sutherland; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 2324-112, hereto attached, a Resolution to Approve Contract for Construction Manager Services Agreement with River City Construction LLC for Pre-Construction and Construction Services for New Police Station Project (Camp Street), be approved. Mr. Mayor, I move you that this Resolution No. 2324-112 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.
Mayor Kahl explained that this is a construction manager at risk contract. Last month, the City Council approved a contract with Midwest Engineering Associates for the engineering and architectural design services for the New Police Station Project. Like the City’s new Fire Station project on Centennial Drive, City Officials now seek to also work with River City Construction LLC (“River City”) on the New Police Station Project from the design phase through the completion of the construction of the New Police Station Project under a construction manager at risk arrangement. Under the construction manager at risk arrangement, after receiving competitive bids on the various components of the construction of the New Police Station Project, River City will prepare a “guaranteed maximum price” document that will then be approved by the City Council. This “guaranteed maximum price” is the maximum cost to the City for the New Police Station project, with River City guaranteeing this maximum price and paying for cost overruns over this maximum price. The construction contracts accepted from the competitive bidding process are made directly with River City, while the City’s contract price for the construction of the New Police Station Project is established by the “guaranteed maximum price” amendment to the construction manager contract.
City Officials have determined that the construction manager at risk contract arrangement will allow the City to better control the costs for the New Police Station Project, while also providing flexibility during the design and construction process and ensuring that the project stays on schedule with minimal delays. This Resolution approves the construction manager at risk contract with River City for the New Police Station Project, which initially also covers the cost of River City’s services through the initial design phase prior to the bidding phase.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Resolution No. 2324-108 by Commissioner Mingus, seconded by Commissioner Hill; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 2324-108, hereto attached, a Resolution Approving Five-Year Service and Licensing Agreement with Flock Safety for the East Peoria Police Department’s Automatic License Plate Reader System, be approved. Mr. Mayor, I move you that this Resolution No. 2324-108 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.
Commissioner Mingus commented on the one-year trial agreement that the City had with Flock Safety that is set to expire. This is an agreement for five years at $40,000 per year.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Mayor Kahl stated if there was anyone in the audience who wanted to speak on any items not on the agenda to come to the podium state the matter or matters to be discussed. There was no response.
Mayor Kahl then asked for comments from Council.
Commissioner Hill and Mingus wished everyone a Merry Christmas and a Happy New Year.
Commissioner Sutherland commented on a news item regarding an overdose at the Tazewell County Jail. Commissioner Sutherland explained that the state has set aside funds for Per- and Polyfluorinated Substances (“PFAS”) in water. His understanding is that money from the state involves hitches that can cost more money. He explained that City of Peoria has a person on a state board that sets rules on water treatment plants when the City of Peoria does not run a water company. He explained that the State still wants to do the project on Cedar Street Bridge even though it is delayed a bit. The State wants to move the foundation to another location that will affect the city sewer infrastructure. Commissioner Sutherland thinks that the State should come up with the difference in the money or move the location of the foundation so that it does not affect the city sewer. He commented on the East Oakwood and Avondale water project. He wished everyone a Merry Christmas and Happy New year.
Mayor Kahl wished everyone a Merry Christmas and a Happy New Year. He explained that there is a big break until the next city council meeting and there are people that need to get the items passed that were read at length.
Motion by Commissioner Sutherland, seconded by Commissioner Mingus; Mr. Mayor, I move you that we adjourn until Tuesday evening, January 16, 2024 at 6:00 P.M.
Yeas: Commissioners Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None
Mayor Kahl declared the motion carried and the meeting adjourned at 6:52 P.M.
https://www.cityofeastpeoria.com/AgendaCenter/ViewFile/Minutes/_12192023-1128
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