MINUTES
ARNOLD BUILDING
100 S. MAIN STREET, EAST PEORIA, ILLINOIS
JANUARY 15, 2013
The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor David Mingus at 6:18 P.M.
Upon the roll being called the following answered present: Mayor David Mingus, Commissioner Daniel Decker, Commissioner Gary Densberger, Commissioner Timothy Jeffers and Commissioner Benjamin C. Joos.
Absent: None.
The invocation was given by Commissioner Jeffers.
Mayor Mingus led the Council and the audience in the pledge of allegiance to the flag.
Motion by Commissioner Joos, seconded by Commissioner Decker; Mr. Mayor, I move that the minutes of the Special Meeting held on December 18, 2012 be approved as printed.
Yeas: Commissioner Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried.
Mayor Mingus presented Don Taylor with a gift of a night’s stay at the Embassy Suites for winning the “Name the New Downtown” contest.
Mayor Mingus presented the East Peoria Youth Council and East Peoria Food Pantry with a check. Megan Minner, president of the East Peoria Youth Council, thanked the City Council and employees for their contribution for their donation which helped the Youth Council meeting their goal for the year. Chuck Pierman from the Food Pantry thanked the Mayor, City Council, employees and volunteers.
Communication was received from the Illinois Department of Revenue and the Illinois Department of Transportation, advising the City of various tax collections in December 2012.
COLLECTIONS MONTHLY
2012-2013______PLUS/MINUS
Net 2 ¼% Municipal Sales Tax collected in September 2012 $ 868,379.05 -$ 139,950.71
Auto Rental Tax collected in September 2012 $ 407.38 -$ 155.47
State Income Tax collected in November 2012 $ 121,330.26 $ 7,199.15
Local Use Tax collected in September 2012 $ 31,037.89 $ 9,071.12
Telecommunications Tax collected in September 2012 $ 71,467.11 $ 2,434.00
Motor Fuel Tax collected in November 2012 $ 50,558.52 -$ 2,245.12
Riverboat Gaming Tax collected in November 2012 $ 461,115.65 $ 29,007.21
Personal Property Replacement Tax $ 66,486.38 $ 26,073.69
Hotel Motel Tax collected in October 2012 $ 137,007.54 $ 9,569.44
Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items on the agenda to come to the podium, state their name, address and the matter or matters to be discussed.
Tom Hulting of 513 Indian Circle, East Peoria came up to the podium and asked about the contract for street maintenance engineering services with Patrick Meyer & Associates that the Council is considering tonight and inquired as to how the engineer is paid. Commissioner Decker explained that Mr. Meyer gives recommendations of what should be done, what streets should be fixed and manages the streets while they are constructed. He makes sure that the correct standards for the roads are used. He is paid five percent for engineering and six percent for construction. Mr. Hulting stated that he went to several street maintenance job sites in the City and did not see any employees of Patrick Meyer & Associates and when he asked the contractor they indicated that he had not been present. Commissioner Jeffers stated that he was on the project site because Commissioner Jeffers was there at the same time that Patrick Meyer was there. He was on site doing his job and he cannot be expected to be available twenty-four hours on the site.
Commissioner Decker stated that although he may not be one sight all of the time, he is still overseeing the projects. He has arrived on the job when Patrick Meyer has been present. It is impossible for him to be there on all jobs at all times. He is there as much as Commissioner Decker expects him to be.
Mr. Hulting stated that Patrick Meyer & Associates was paid $35,000.00 which is $5,000.00 per day for a project at EastSide Centre. Tom Brimberry, City Administrator, stated that he does more work than just the days of construction. Mr. Hulting does not feel that we are not getting our monies worth. Mr. Hulting stated that a street superintendent should not be supervising a job; it should be the engineer.
Commissioner Joos asked about costs for engineering costs. Steve Ferguson explained that the engineer receives $99,100.00 for street maintenance program for Patrick Meyer, his staff, testing and reports required by the Illinois Department of Transportation. Commissioner Joos believes that it is good to look at the amount paid and do a cost comparison for an in house versus outside engineer completing the services. It is good to look at what we are paying and see if we are receiving a good value.
Mayor Mingus asked for any other comments from the audience. There was no response.
Resolution No. 1213-100 by Commissioner Densberger, seconded by Commissioner Decker; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that the claims as listed on Schedule Nos. 16 and 17 be allowed. Mr. Mayor, I, move that the Clerk is hereby authorized and directed to issue orders on the Treasurer for the various amounts, totaling $2,052,088.45 and $1,890,521.55, and the schedules of bills be hereby adopted as presented.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None
Mayor Mingus declared the motion carried.
Motion by Commissioner Densberger, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance No. 4078, hereto attached, (AN ORDINANCE AMENDING TITLE 5, CHAPTER 10, SECTIONS 2 AND 3 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF ENHANCING THE PERFORMANCE STANDARDS APPLICABLE WITHIN THE M-1 AND M-2 MANUFACTURING DISTRICTS) 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.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None
Mayor Mingus declared the motion carried and Ordinance No. 4078 be adopted as presented.
Motion by Commissioner Densberger, seconded by Commissioner Joos; Mr. Mayor, I move you that Ordinance No. 4079, hereto attached, (AN ORDINANCE AMENDING TITLE 5, CHAPTER 2, SECTION 3 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF AMENDING THE DEFINITION OF THE TERM “FAMILY” AS IT APPLIES TO THE EAST PEORIA ZONING CODE) 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.
Ty Livingston, Director of Planning and Community Development, explained that this reduces the number of unrelated adults in single family zoning from five to three. It does not affect group homes.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None
Mayor Mingus declared the motion carried and Ordinance No. 4079 be adopted as presented.
Resolution No. 1213-101 by Commissioner Densberger, seconded by Commissioner Decker; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1213-101, hereto attached, a Resolution to approve Intercreditor and Subordination Agreement, Consent and Agreement and Real Estate Mortgage and Lien for Payment of Deferred Purchase Price/Memorandum of Obligations and Restrictions Pertaining to Levy District, be approved, and that this Resolution No. 1213-101 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 Densberger explained that this relates to a mortgage on the levy district that the developer is a party to and we are subordinating our mortgage to the first mortgage. We are preserving the City’s right. City Attorney Dennsi Triggs explained that the incentives are deferred if the developer is in default. We are always looking at how the developer is performing. He stated that Cullinan is 82% at capacity. The remaining has pictures of what is
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developed. The remaining 18% they have until June 2014 to commence development so they are ahead of the game in development.
Commissioner Joos explained that he looks at the agreement more cautiously, and he looks at it from a stand point if he were to owe it. We are essentially taking our position in second place but as a new loan is done to provide more funds for the development we taking a new second mortgage, so our position becomes a little more weak. Last thing we want to do is sabotage this agreement or hold it up, so he will be voting in favor of this agreement. He will reserve the right to review it and give it further consideration over the next two weeks.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried.
Resolution No. 1213-102 by Commissioner Decker, seconded by Commissioner Densberger; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1213-102, hereto attached, a Resolution to authorize the solicitation for bids for the FY 2013 Street Maintenance Program and the approval of an engineering agreement between the City of East Peoria and Patrick Meyer & Associates to perform engineering services with respect to the FY 2013 Street Maintenance Program, be approved, and that this Resolution No. 1213-102 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 Decker discussed the working session about street maintenance. There are many issues with the streets and we only have a certain amount of money for streets. He would like to spend $3,000,000.00, but the money is not available. The money that we are confident will be there is Motor Fuel Tax funds and Illinois Jobs Now in the amount of $700,000.00 and an additional amount of $300,000.00 from Gaming funds. He then discussed savings by doing preventative maintenance of streets and taking advantage of early bidding. It will allow a program to be created and early solicitation of bids. If more money comes available later in the year to put toward street maintenance, contractors will do the work at the same costs as the early bidding.
He stated that the City has looked into having a City engineer. Engineering is a vast profession with many different specialties so we want to make sure that we have correct person for the correct jobs. He believes that right now a city engineer is not the best for us. Overall, we are making progress with streets in the city. The graphs the Patrick Meyer put together he believes prove that.
Commissioner Joos discussed learning more about streets. In questioning the costs that we pay to Patrick Meyer, he is not in any position to suggest that he is not worth the costs or that it is not best expenditure of money. He appreciates Mr. Hulting’s interest and passion about streets. He believes oversight and interest in the City is one of the cornerstones of a quality government. He feels that Mr. Hulting’s opinion is valid and he appreciates him coming. He encourages other that have opinions to come.
Commissioner Jeffers stated that another reason for early bid is to lock in the price of work for the future. He then discussed potential savings in salt and plowing because of the more mild winter that may be able to be used as additional funds in streets. He appreciates Patrick Meyer’s professionalism, expertise and his staff. He is pleased with their workforce.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried.
Motion by Commissioner Jeffers, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance No. 4091 hereto attached, (AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 OF THE EAST PEORIA CITY CODE TO CHANGE THE NUMBER OF CLASS D LIQUOR LICENSES AUTHORIZED TO BE ISSUED WITHIN THE CORPORATE LIMITS OF THE CITY) be read at length by the Clerk, and that said Ordinance No. 4091 be accepted on its first reading, and be hereby adopted as presented.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried and Ordinance No. 4091 to be duly adopted as presented.
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Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items on the nonagenda to come to the podium, state their name, address and the matter or matters to be discussed.
Tom Hulting of 513 Indian Circle, East Peoria came up to the podium to clarify that he has nothing against hiring Patrick Meyer, but if hire a civil engineer at six percent, a civil engineer should be on the job. He doesn’t believe the citizens are getting what they paid for if a civil engineer only comes around once a day. He suggested that the city should hire someone at $50.00 an hour instead of paying six percent to a civil engineer. He does not think that the citizens are getting what they pay for.
Mayor Mingus asked for any additional comments from the audience. There was no response.
Mayor Mingus then asked for comments from Council.
Motion by Commissioner Decker, seconded by Commissioner Joos, Mr. Mayor, I move that a meeting or session of the city council be held at the conclusion of this regular meeting to discuss the following matter or matters according to exceptions provided in the “Open Meetings Act” and specified as follows:
Section 2(c)(1) – Employment, appointment or dismissal of an employee.
Section 2(c)(2) – Collective negotiating matters.
Yeas: Commissioners Densberger, Decker, Jeffers, Joos and Mayor Mingus.
Nays: None
Mayor Mingus declared the motion carried.