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Peru City Council met May 15.

Meeting8213

Peru City Council met May 15.

Here is the minutes provided by the Council:

A regular meeting of the Peru City Council was called to order by Scott J. Harl in the Peru City Council Chambers on May 15, 2018 at 7:00 p.m.

City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard present; Alderman Radtke absent; Mayor Harl present.

All joined in the Pledge of Allegiance to the Flag of the United States of America.

Public Comment

Presentation:

Recreation Director Seth Brannan presented the Summer Recreation schedule:

There are 27 camps and most free to Peru residents with signup on June 9th from 9:00 11:00

Programs include Tennis, Arts and Crafts, Fitness in the Park, and Swimming at the Y

Touch a Truck on June 16

Movie in the park June 22

Two parades, Halloween and Christmas

Very excited about Disk Golf

Splash Pad to open tentatively mid-June

Alderman Potthoff complimented the presentation and thank Seth for his efforts.

Minutes:

Mayor Harl presented the minutes of the Regular Meeting of April 30, 2018. Alderman Waldorf made a motion that the minutes be received and placed on file. Alderman Ferrari seconded the motion; motion carried.

Financial Reports:

Mayor Harl presented the General Fund and Miscellaneous Funds Report for March 2018; Utility Fund Report for March 2018 and Peru Recreation Funds Cash Accounts Summary for April 2018. Alderman Ferrari made a motion the reports be received and placed on file. Alderman Radtke seconded the motion; motion carried.

Activity Reports:

Mayor Harl presented the Water & Wastewater Treatment Plants Report for March 2018. Alderman Waldorf made a motion the report be received and placed on file. Alderman Lukosus seconded the motion; motion carried.

Finance And Safety Committee:

Alderman Potthoff presented the following disbursements for payment on May 16, 2018:

Fund Name; Total Expenses:

General Fund $587,416.05

Insurance Fund 51,366.97

Garbage Fund 31,746.33

Recreation Fund 414.05

TIF I 3,074.55

TIF II 7,074.28

TIF III 6,482.15

Utility Fund 629,019.36

Landfill 357.00

Airport Fund 2,955.11

Total $1,319,905.85

Alderman Potthoff 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, Sapienza, Payton and Ballard voting aye; Alderman Radtke absent; motion carried.

Alderman Potthoff made a motion to deny payment request from Attorney Julie Ajster regarding legal fees in the amount of $3,093.75. Alderman Waldorf seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard voting aye; Alderman Radtke absent; motion carried.

Alderman Payton made a motion to approve $2,000 contribution to Starved Rock Country Wide drone footage. Alderman Payton stated this is another piece of our economic development. Alderman Payton said the professional drone filming company would be hired to film the Illinois Valley and footage of Peru would be made available to the city to share with developers. Alderman Payton stated developers will be able to see exactly what piece of property is available.

Fire Chief Jeff King reviewed the fire department tanker purchase and outlined the process to get where we are at present day as follows:

In 2010, Dimmick Fire Protection District bought the Kenworth Chassis. Liberty Fire Company and Peru Fire Department donated funds were used to purchase the tank for the truck. The breakdown is:

o Dimmick Fire Protection District purchased the Kenworth Chassis for $86,831.00

o Donations received by the City were $37,139.79

o The balance of the tank purchase was paid by Liberty Fire Company in the amount of $18,690.21

o Total of $142,661.00

Chief King reported due to ongoing issues with the tank in January 2018 a determination and recommendation was made to replace the tank. Chief King discussed the issues with Dimmick Fire Protection District and was instructed to seek quotes for a replacement tank and Dimmick Fire Protection District would pay for it. Chief King stated the truck was taken to Illinois valley excavating where Peru volunteer firefighters and Steve Michelini removed the old tank and stored on a trailer. The old tank that was removed and has been stored at Illinois Valley Excavating and accessed for parts to be reused on the new tank. Chief King stated the old tank remains stored there until the City conducts a sealed bid auction for this tank and other City equipment to be sold. Chief King reported there will be additional expenses incurred to ready the new setup for service including but not limited to lettering, lighting and valves.

Public Services Committee:

Public Service Manager Jeff King reported on power outage incident. Noting the following:

The loss consisted of a transmition line from the Plank Road substation to Peoria St. and 36th St. The apparent cause is a micro-burst Power was restored in approximately 20 minutes The substation is back up Insurance claim has been submitted and adjuster was on site Friday Damages are estimated between $100,000 and $135,000 An emergency order of wire was placed for $14,000 The current damage assessment consists of

Public Services Committee:

Public Service Manager Jeff King reported on power outage incident. Noting the following:

The loss consisted of a transmition line from the Plank Road substation to Peoria St. and 36th St.

The apparent cause is a micro-burst

Power was restored in approximately 20 minutes

The substation is back up

Insurance claim has been submitted and adjuster was on site Friday

Damages are estimated between $100,000 and $135,000

An emergency order of wire was placed for $14,000

The current damage assessment consists of

12 poles

72 insulators

24 cross arms

Some fiber work

1 capacitor bank

Wire

Edler consulting fees

City Engineer Eric Carls reported he is working on potential relocation of poles for future expansion and work with property owners regarding crop losses.

Report Of City Attorney/Ordinances And Resolutions:

Assistant Corporate Counsel Scott Schweickert presented a proposed resolution entitled:

Resolution No. 2018-10

A Resolution Naming Happ Drive

Alderman Waldorf made a motion the resolution be adopted as written and read. Alderman Sapienza seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard voting aye; Alderman Radtke absent; motion carried.

Assistant Corporate Counsel Scott Schweickert presented a proposed ordinance entitled:

Ordinance No. 6289

An Ordinance Amending The Code Of Ordinances Section 110-93 Concerning Stop SIGNS Alderman Ballard made a motion the ordinance be adopted as written and read. Alderman Waldorf seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard voting aye; Alderman Radtke absent; motion carried.

Assistant Corporate Counsel Scott Schweickert presented a proposed resolution entitled:

Resolution No. 2018-11

A Resolution Authorizing The Sale Of A 2013 Ford Interceptor Utility Suv To The City Of Wenona

Alderman Ferrari made a motion the resolution be adopted as written and read. Alderman Lukosus seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard voting aye; Alderman Radtke absent; motion carried.

Assistant Corporate Counsel Scott Schweickert presented a proposed ordinance entitled:

Ordinance No. 6290

An Ordinance Amending Ordinance No. 6215 Entitled: “An Ordinance Fixing Wages For Employees Of The City Of Peru, Illinois”

Alderman Ferrari made a motion the ordinance be adopted as written and read. Alderman Potthoff seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard voting aye; Alderman Radtke absent; motion carried.

Proclamations

Unfinished Business

New Business:

Mayor Harl presented a letter of resignation from Lori Janko Wilke from the Planning/Zoning Commission. Alderman Ferrari made a motion the letter be received and placed on file. Alderman Potthoff seconded the motion; motion carried.

Alderman Waldorf made a motion to authorize Risk Management Coordinator David Bartley to sign on behalf of the City of Peru the Election Counsel (Attorney Austin Zimmer) to represent the City of Peru in Appel, et al v. LaSalle, Ottawa and Peru et al. Alderman Waldorf seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Potthoff, Ferrari, Waldorf, Lukosus, Sapienza, Payton and Ballard voting aye; Alderman Radtke absent; motion carried.

PSM Jeff King reminded the Council about the Kid’s Fishing Rodeo at Baker Lake on Saturday, May 19th.

Petitions And Communications:

Clerk Bartley presented a petition from Diamond Truck Wash requesting a variance for property located at 3129 May Road, Peru, IL. Alderman Potthoff made a motion the petition be received, placed on file and referred to the Planning/Zoning Board for review and recommendation. Alderman Lukosus seconded the motion; motion carried.

Clerk Bartley presented a communication from Jose Felix requesting purchase of city property immediately to the west of 828 Peru Street, Peru, IL. Alderman Ferrari made a motion to table the communication. Alderman Potthoff seconded the motion; motion carried.

Clerk Bartley presented a communication from Peru American Legion Post 375 and Peru Veteran’s Memorial Group announcing a Flag Day Program and Flag Retirement Ceremony at Peru Veteran’s Memorial Park on Thursday, June 14th at 5:00 p.m. Alderman Lukosus made a motion the communication be received, placed on file and permission granted. Alderman Payton seconded the motion; motion carried.

Clerk Bartley presented a communication from Amber Gillette requesting permission to hold a wedding at Baker Lake on August 3rd at 3:30 p.m. Alderman Ferrari made a motion the communication be received, placed on file and permission granted. Alderman Potthoff seconded the motion; motion carried.

Mayor Harl presented a communication from Russ Osborne with Turnkey Processing Solutions managing the project construction for Northern White Sand at the Peru rail site. I would like to let all know about the work done by Kye Kaszynski and his team for the NWS Peru rail site. From the planning of the project, setting the new power lines, getting temporary power for office trailers and setting the transformer for the project, all work was done very timely and professionally. Not only the electric department but all City of Peru involvement with the project could not have gone any better. Working with Eric Carls and Tyler Dobrich with permitting and inspections has gone very smoothly and professionally. It has been a pleasure to work with all the folks at the city. Alderman Waldorf made a motion the communication be received and placed on file. Alderman Sapienza seconded the motion; motion carried.

Clerk Bartley presented a petition from Chris Dudek requesting variances for property located at 1131 Center Street, Peru, IL. Alderman Potthoff made a motion the petition be received, placed on file and referred to the Planning/Zoning Board for review and recommendation. Alderman Sapienza seconded the motion; motion carried.

Clerk Bartley presented a petition from Casey’s General Store requesting variances for property located at 1200 Shooting Park Road, Peru, IL. Alderman Payton made a motion the petition be received, placed on file and referred to the Planning/Zoning Board for review and recommendation. Alderman Potthoff seconded the motion; motion carried.

Public Comment:

Ms. Julie Ajster addressed the council regarding voting to not pay her attorney fees regarding violating the Open Meetings Act and announced she is putting the council on notice. Attorney Ajster stated she wanted to provide some additional details that perhaps the whole council may not be aware of. Attorney Ajster stated the Attorney General’s Office found the council in violation of the Open Meetings Act. Attorney Ajster stated she was approached by several Peru residents to look into the matter. Attorney Ajster stated she sent a Freedom of Information request to the City of Peru requesting minutes and audio of the closed session meetings where the consolidation was discussed. Attorney Ajster stated that when she didn’t get anywhere with the City of Peru, she filed a complaint for Request for Review with the Illinois Attorney General’s Office. Attorney Ajster stated the Attorney General’s Office looked into the complaint and listened to the recording and determined the City of Peru violated the Open Meeting’s Act. Attorney Ajster stated the information was then provided to her and her clients for review and her clients have incurred attorney fees for her obtaining the closed session information. Attorney Ajster stated that under the Open Meeting’s Act, if a council violates the act, a lawsuit can ensue. Attorney Ajster stated that to avoid a lengthy litigation she sent communication to the City of Peru requesting her client’s attorney fees back. Attorney Ajster stated that if the fees were not paid by the city, they would in turn sue the City of Peru and additional costs would be incurred such as ongoing fees for Attorney Ajster. Attorney Ajster stated that according the Open Meeting’s Act, the exemptions used to go into closed session must be within the scope of the exemption not just vague discussions. Mayor Harl asked Attorney Ajster who her clients are? Attorney Ajster stated she would not disclose. Alderman Potthoff asked if the Council would be billed for the public comment? Attorney Ajster stated no.

Closed Session

Adjournment:

Alderman Ferrari made a motion that the meeting be adjourned. Alderman Lukosus seconded the motion and motion carried. Meeting adjourned 7:50 p.m.

https://www.peru.il.us/minutes/regular-council-meeting/2018-cm/may-2018-cm/4088-regular-meeting-minutes-05-15-18/file

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