AGENDA REGULAR CITY COUNCIL MEETING MONDAY, MARCH 19, 2018

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1 AGENDA REGULAR CITY COUNCIL MEETING MONDAY, MARCH 19, 2018 ROLL CALL 7:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT PRESENTATION MINUTES REGULAR MEETING MINUTES OF MARCH 5, 2018 FINANCIAL REPORTS ACTIVITY REPORTS PERU POLICE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2018 PERU VOLUNTEER AMBULANCE SERVICE INC. ACTIVITY SUMMARY FOR FEBRUARY 2018 COMMITTEE REPORTS ALDERMEN 1. FINANCE AND SAFETY SERVICES Chairman Potthoff, Ferrari, Radtke, Payton & Mayor Harl DISBURSEMENTS for March 21, 2018 Motion to approve purchase of new police vehicle through Schimmer Ford with governmental bid assistance with trade in of the current airport courtesy car and reassignment of a police department vehicle to the airport

2 2. PUBLIC SERVICES Chairman Waldorf, Lukosus, Sapienza, Ballard & Mayor Harl Motion to approve purchase of new Electric Department bucket truck from Altec Inc. in the amount of $140,000 Motion to award 2018 MFT Street Program to lowest responsible bidder, Advanced Asphalt, in the amount of $221, Motion to award 2018 General Fund Street Program to lowest responsible bidder, Universal Asphalt and Excavating in the amount of $661,223,67 REPORT OF CITY ATTORNEY/ORDINANCES AND RESOLUTIONS AN ORDINANCE AMENDING THE CODE OF ORDINANCES; CHAPTER 6-ALCOHOLIC BEVERAGES; ARTICLE IV-SECTION 6-96-LICENSE FEES RESOLUTION AUTHORIZING EXECUTION OF EXCLUSIVE AGREEMENT BETWEEN CITY OF PERU AND AMERICAN TOWERS CORP. UNFINISHED BUSINESS NEW BUSINESS Motion to seek applicants for part-time administrative assistant for Human Resources/Clerk s Office PETITIONS AND COMMUNICATIONS ITEM NO. 1 ITEM NO. 2 Communication from Phyllis Atwell of the Sunset Horseshoe League requesting permission to hold the annual league play at Centennial Park on Thursday s from 6pm- 9pm from June 1 st to August 31 st Communication from Michele Gaeta of the Starved Rock Runners Club requesting permission to hold the annual woman s walk to run clinic at Baker Lake on Monday nights in May from 6pm-7pm; permission to hold the annual kids running clinic on Monday nights from 6pm-7pm from June 11 th to August 13 th PUBLIC COMMENT CLOSED SESSION ADJOURNMENT

3 CITY OF PERU REGULAR COUNCIL MEETING MARCH 5, 2018 A regular meeting of the Peru City Council was called to order by Scott J. Harl in the Peru City Council Chambers on March 5, 2018 at 7:04 p.m. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard present; Mayor Harl present. All joined in the Pledge of Allegiance to the Flag of the United States of America. PUBLIC COMMENT PRESENTATION Economic Development Director Bob Vickrey presented an Economic Development Annual Report and reviewed the following: Visits and page views (website) Landing pages view Views by country Active page visitors marketing Marketing examples of specific properties E-blast reports Alderman Waldorf made a motion the report be received and placed on file. Alderman Sapienza seconded the motion; motion carried. Economic Development Director Bob Vickrey provided an update with Buxton and stated a conference call is scheduled for Thursday at 10:00 a.m. Mayor Harl updated the Council on his visit to Washington D.C. Mayor Harl reported on his visit to the White House: IML delegation of mayors Met with administrators from the IEPA, Department of Transportation, Housing and Urban Development and infrastructure officials Discussion on infrastructure investments o Was told the Trump administration is committed to infrastructure, but the county does not have the money to pay for an overhaul. They are pushing for public-private infrastructure Mayor Harl reported on the IMUA/APPA meeting with Alderman Lukosus: Discussion of Resolution 1805 opposing private ownership of public resources/infrastructure Met with State Representative Adam Kinzinger; Mayor Harl stated he would like earmarks to make a comeback Mayor is in favor of the return of earmarks Fairness for brick and mortar stores was addressed Alderman Lukosus stated it was fortunate to meeting with Representative Kinzinger about 5G technology being installed on phone poles and was told there is a federal law in the works that will supersede state law. Alderman Lukosus also noted the issue with reissuance of bonds. Alderman Lukosus also stated Representative Kinzinger is supportive of the TBM Avenger event. MINUTES Mayor Harl presented the minutes of the Regular Meeting of February 19, Alderman Radtke made a motion that the minutes be received and placed on file. Alderman Waldorf seconded the motion; motion carried. FINANCIAL REPORTS ACTIVITY REPORTS 1

4 CITY OF PERU REGULAR COUNCIL MEETING MARCH 5, 2018 Mayor Harl presented the Peru Police Department Monthly Report for January Alderman Waldorf made a motion the report be received and placed on file. Alderman Ferrari stated he wished the commendation letter would have been read into the record. Alderman Ferrari stated the commendation concerned Police Officer Jeremiah Brown, who during a Jan. 17 traffic stop noticed a female juvenile was having an emotional emergency and according to the report, Officer Brown established a rapport and convinced the girl to seek mental health assistance and transported her to the hospital. Alderman Ferrari stated they go above and beyond the call of duty. Alderman Ferrari seconded the motion; motion carried. FINANCE AND SAFETY COMMITTEE Alderman Radtke presented the following disbursements for payment on March 7, 2018: FUND NAME TOTAL EXPENSES General Fund $759, Garbage Fund 16, Recreation Fund Utility Fund 796, Landfill Fund 7, Airport Fund Total $1,580, Alderman Radtke made a motion that the report be received, placed on file and the bills be paid in the usual manner. Alderman Payton seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Alderman Potthoff made a motion to award balance of FY 17 Façade Program to Promier Properties in the amount of $31, Alderman Radtke seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Alderman Potthoff made a motion to authorize approval of KTJ Engagement Letter with Conflicts Waiver and Consent Billing Rate and Expense Schedule for Legal Work on Multi Jurisdiction shared police services project for City of LaSalle, City of Peru, City of Oglesby and City of Spring Valley and authorize the Mayor to sign the applicable conflict waivers on behalf of the City of Peru. Alderman Ferrari seconded the motion. Police Chief Doug Bernabei stated the engagement letter is a result of the most recent LPOS Shared Services Committee meeting team effort to share in the support. Police Chief Doug Bernabei said each municipality s attorney will act as local counsel for the respective cities, and since Klein, Thorpe and Jenkins is working with all four cities a conflict of interest waiver will need to be signed. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Alderman Potthoff made a motion to commit $7, in non-refundable startup funds ($20,000.00) towards expenses of Shared Services Committee work between the cities of LaSalle, Peru, Oglesby and Spring Valley (Peru 9893=35%, LaSalle 9203=33%, Oglesby %, Spring Valley 5200=19%). Alderman Radtke seconded the motion. Alderman Potthoff, who is also a member of the shared services committee, stated the process is progressing, and it s time to take the next step to see how serious each city is about sharing services. Police Chief Doug Bernabei stated Oglesby City Council also approved contributing its share of the startup fund Monday and expects La Salle and Spring Valley councils will approve similar motions next week. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Alderman Potthoff provided an update of the ongoing auction of a 50-year lease for use of the cell tower at Washington Park and stated there are several parties interested in it. Corporate counsel Scott Schweickert said there have been more than 40 inquiries into the cell tower, including one bid significantly higher than the $1.5 million reserve. Alderman Potthoff clarified the auction is not for the land the tower is on, but just for use of the tower itself. 2

5 CITY OF PERU REGULAR COUNCIL MEETING MARCH 5, 2018 Alderman Payton made a motion to approve offering voluntary vision and life insurance options. Alderman Potthoff seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Alderman Ferrari made a motion to approve $ donation to OmniArts. Alderman Payton seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Finance Officer Justin Miller reported the first draft of the FY 19 budget has been distributed for review. PUBLIC SERVICES COMMITTEE REPORT OF CITY ATTORNEY/ORDINANCES AND RESOLUTIONS Assistant Corporate Counsel Scott Schweickert presented the Planning/Zoning Commission minutes of February 28, 2018 concerning the petition of Eugene M. Judge Jr. for property located at 4234 Mahoney Drive, Peru, IL. Alderman Ferrari made a motion the minutes be received, placed on file and concur with the recommendation. Alderman Lukosus seconded the motion; motion carried. Assistant Corporate Counsel Scott Schweickert presented a proposed ordinance entitled: ORDINANCE NO AN ORDINANCE GRANTING A VARIANCE FROM THE TERMS OF THE SUBDIVISION AND SITE DEVELOPMENT REGULATIONS ORDINANCE NO OF THE CITY OF PERU AS SOUGHT BY THE PETITION OF EUGENE M. JUDGE JR. CONCERNING PROPERTY LOCATED AT 4234 MAHONEY DRIVE, PERU, IL Alderman Lukosus made a motion the ordinance be adopted as written and read. Alderman Ferrari seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Assistant Corporate Counsel Scott Schweickert presented the Planning/Zoning Commission minutes of February 28, 2018 concerning the petition of Susan McAfoos d/b/a Suzi s Video Poker and Slots for property located at 1126 Peoria Street, Peru, IL. Alderman Waldorf made a motion the minutes be received, placed on file and concur with the recommendation. Alderman Sapienza seconded the motion; motion carried. Assistant Corporate Counsel Scott Schweickert presented a proposed ordinance entitled: ORDINANCE NO AN ORDINANCE GRANTING A TEXT AMENDMENT ADDING B-1, NEIGHBORHOOD SHOPPING DISTRICT SPECIAL USE SECTION 11.02(d)7 TO THE CITY OF PERU AS SOUGHT BY THE PETITION OF SUSAN MCAFOOS d/b/a SUZI S VIDEO POKER AND SLOTS Alderman Waldorf made a motion the ordinance be adopted as written and read. Alderman Sapienza seconded the motion. Alderman Radtke express concern over this spot zoning change and asked why the license was originally issued. Mayor Harl acknowledged that was his oversite and the previous zoned allowed package sales but not onpremise consumption. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard voting aye; Aldermen Potthoff and Radtke voting nay; motion carried. Assistant Corporate Counsel Scott Schweickert presented a proposed ordinance entitled: ORDINANCE NO

6 CITY OF PERU REGULAR COUNCIL MEETING MARCH 5, 2018 AN ORDINANCE GRANTING A SPECIAL USE UNDER THE ZONING ORDINANCE OF THE CITY OF PERU, IL AS SOUGHT BY THE PETITION OF SUSAN MCAFOOS d/b/a SUZI S VIDEO POKER AND SLOTS, CONCERNING PROPERTY LOCATED AT 1126 PEORIA STREET, PERU, IL Alderman Waldorf made a motion the ordinance be adopted as written and read. Alderman Sapienza seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard voting aye; Aldermen Potthoff and Radtke voting nay; motion carried. Assistant Corporate Counsel Scott Schweickert presented the Planning/Zoning Commission minutes of February 28, 2018 concerning the petition of Cheryl Causa Mosqueda, owner of Illinois Elite Gymnastics for property locateda t 1001 Shooting Park Road, Peru, IL. Alderman Payton made a motion the minutes be received, placed on file and concur with the recommendation. Alderman Radtke seconded the motion; motion carried. Assistant Corporate Counsel Scott Schweickert presented a proposed ordinance entitled: ORDINANCE NO AN ORDINANCE GRANTING A SPECIAL USE UNDER THE ZONING ORDINANCE OF THE CITY OF PERU, IL AS SOUGHT BY THE PETITION OF CHERYL CAUSA MOSQUEDA, OWNER OF ILLINOIS ELITE GYMNASTICS, CONCERNING PROPERTY LOCATED AT 1001 SHOOTING PARK ROAD Alderman Payton made a motion the ordinance be adopted as written and read. Alderman Radtke seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Assistant Corporate Counsel Scott Schweickert presented a proposed resolution entitled: RESOLUTION NO A RESOLUTION AUTHORIZING SETTLEMENT WITH J&L OIL, INC. AND HUNTSMAN INTERNATIONAL, LLC POLLUTION LITIGATION Alderman Potthoff made a motion the resolution be adopted as written and read. Alderman Radtke seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. Assistant Corporate Counsel Scott Schweickert presented a proposed ordinance entitled: ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 3 OF THE PERU CITY CODE IN REGARD TO ADMINISTRATIVE ADJUDICATION SYSTEM Alderman Waldorf made a motion the ordinance be adopted as written and read. Alderman Potthoff seconded the motion. Police Chief Doug Bernabei stated these are all for pre-pays, people who are cooperative, possibly maybe out-of-towners who don t want to appear for administrative adjudication. Chief Bernabei stated you can always show up and ask for a lesser fine. Alderman Potthoff also highlighted increases for the property maintenance and truck route fines. Police Chief Doug Bernabei stated maintenance fines will now be $250, and up to $750. Chief Bernabei stated some property owners had taken to paying the old $100 fee instead of remedying problems. Chief Bernabei stated the truck route fee is now $125, up from $75. Chief Bernabei stated the city has zero tolerance for truck route violators. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton and Ballard voting aye; motion carried. UNFINISHED BUSINESS 4

7 CITY OF PERU REGULAR COUNCIL MEETING MARCH 5, 2018 NEW BUSINESS ASM/Police Doug Chief initiated a discussion regarding an item that should have been reported under Public Services. ASM/Police Chief Doug Bernabei stated the Electric Department needs a new service/bucket truck. ASM/Police Chief Doug Bernabei stated the Dodge 5500 truck would have an estimated cost of $140,000 and would not be purchased until May 1 st which will be part of the FY 19 budget. PROCLAMATIONS PETITIONS AND COMMUNICATIONS City Clerk Dave Bartley presented a communication from Parks and Recreation Board President Ray Zborowski requesting permission to hold the annual Touch-A-Truck event on Saturday, June 16 th from noon to 3:00 p.m. and bottom shelter and close 13 th Street between West and Putnam Streets; permission to hold annual Movie in the Park on Friday, June 22 nd and reserve bottom shelter. Alderman Sapienza made motion the communication be received, placed on file and permission granted. Alderman Ferrari seconded the motion; motion carried. PUBLIC COMMENT CLOSED SESSION ADJOURNMENT Alderman Ferrari made a motion that the meeting be adjourned. Alderman Potthoff seconded the motion and motion carried. Meeting adjourned 7:54 p.m. 5

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32 ORDINANCE NO. RESOLUTION AUTHORIZING EXECUTION OF EXCLUSIVE AGREEMENT BETWEEN CITY OF PERU AND AMERICAN TOWERS CORP. WHEREAS, on August 21, 2017, the City of Peru, an Illinois home rule municipal corporation (hereinafter City ), passed Resolution No , entitled: RESOLUTION AUTHORIZING EXECUTION OF A LEGAL SERVICES CONTRACT WITH SALE & QUINN, PC CONCERNING POTENTIAL SALE OF WASHINGTON PARK CELL TOWER ; and WHEREAS, on January 8, 2018, the City passed Resolution No , entitled: RESOLUTION AUTHORIZING EXECUTION OF EXCLUSIVE AUCTION & LISTING AGREEMENT BETWEEN THE CITY OF PERU AND CELL AT AUCTION, LLC for the potential sale of the Washington Park Cell Tower (hereinafter Tower ), and WHEREAS, the City and Cell At Auction executed an agreement for the auction of the Tower pursuant which to Cell At Auction issued an auction notice to over 30 prospective offerors soliciting proposals by 12:00 noon on March 19, 2018 for a 50-year extension of the easement for the plot of City land occupied by the Tower, stating a published reserve of $1,150,000, and requiring the Buyer to agree to pay the City s legal fees up to an amount of 2% of the purchase price to close this transaction; and WHEREAS, existing easement holder and Tower operator American Towers Corp. submitted the most advantageous proposal to the City that satisfies the requirements of the City s Exclusive Auction & Listing Agreement with Cell At Auction and the resulting Cell At Auction solicitation to prospective offerors; and WHEREAS, the City Council, upon advice of Sale & Quinn, PC, and Cell At Auction, LLC, have determined that acceptance of the negotiated terms offered by American Towers Corp. 1

33 is a matter pertaining to the government and affairs of the City, is a proper public purpose, and is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PERU, LASALLE COUNTY, ILLINOIS, A HOME RULE MUNICIPALITY, AS FOLLOWS: SECTION 1: The recitals contained in the preamble to this Ordinance are restated as if set forth herein. SECTION 2: The Mayor, City Clerk, and City Attorneys for the City of Peru, and each of them, are hereby authorized and directed to execute the an exclusive agreement with American Towers Corp. accepting its offer for 50-year extension of the easement for the Tower in response to the auction on behalf of the City by Cell At Auction, LLC, and to perform any such acts to effect its implementation. SECTION 3: This Resolution shall be effective immediately from and after its passage and approval. PRESENTED, PASSED, AND ADOPTED at a regular meeting of the City Council of the City of Peru, Illinois, by an aye and nay roll call vote, with voting aye, voting nay, absent, and Mayor Harl not voting, which meeting was held on the 19th day of March, A.D., APPROVED: January 8, 2018 Mayor Scott Harl 2

34 (CORPORATE SEAL) ATTEST: David R. Bartley Peru City Clerk Aldermen Aye Nay Absent Potthoff Ferrari Waldorf Lukosus Radtke Sapienza Payton Ballard 3

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