CALL TO ORDER
ROLL CALL 
PLEDGE OF ALLEGIANCE 
REVIEW AGENDA - ADDITIONS OR DELETIONS (DISCUSSION ITEMS ONLY)

ANNOUNCEMENTS/AWARDS/PRESENTATIONS/RECOGNITIONS
AUDIENCE COMMENTS
STANDING COMMITTEES
    FINANCE & PERSONNEL – NEWMAN, CHAIRMAN
     PUBLIC SAFETY – DINGLEDINE, CHAIRMAN
    PUBLIC SERVICES – GEE, CHAIRMAN

CITY ATTORNEY – KENNETH L. BLACK / DAVID BROWN

• Resolution - Authorizing execution of Lease Cash Rent Farm Lease with James E. Zehr
• Resolution - Authorizing execution of Lease Cash Rent Farm Lease with martin Voorhees
• Resolution - Approving Preliminary Plat - Crooked Lake Estates
• Ordinance - Amending various sections of the Code of Ordinances regulating penalty provisions for certain offenses
• Ordinance - Amending Chapter 112 to decrease the number of Class D licenses and increase the number of Class C licenses
• Ordinance - Amending various sections of Chapter 154 entitled, "Zoning Code"
• Ordinance - Repealing Washington Road Tax Increment Financing District (TIF 2) - (request to waive second reading)

MAYOR – GARY W. MANIER
CITY ADMINISTRATOR - ROBERT MORRIS

• Award Professional Services Contract - A/E Police Station Renovation
• FY 10-11 Budget Review - Public Safety

STAFF REPORTS

• Final Plat - Crooked Lake Estates
• Bid Award - Water Tower No. 2 Repainting
• Engineering Services - Water Tower No. 2 Repainting
• Engineering Services - STP #2 Disinfection Facilities
• Engineering Services - Devonshire Trunk Sewer Upgrade, Phase 2
• 2010 Street Maintenance Program & Approval of MFT Resolution

ALDERMEN’S COMMENTS
EXECUTIVE SESSION  - for the purpose of semi-annual review of Executive Session Minutes per 5 ILCS 120/2(c)(11) of the Illinois Open Meetings Act

REGULAR SESSION

• Approval of Executive Session minutes July 1, 2009 through December 31, 2009
• Adopt Resolution regarding the release and destruction-(audio tapes) of Executive Session minutes for July 1, 2009 through December 31, 2009

ADJOURNMENT

BACKGROUND INFORMATION

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From:  Kenneth B. Newman, City Engineer
Date:  February 10, 2010
Subject:  Bid Award – Water Tower No. 2 Repainting

An amount of $400,000 has been programmed for the FY 2010-11 budget for making minor repairs and repainting Water Tower No. 2. McMahon Engineers were hired in October 2009 to prepare the necessary plans, specifications and contract documents for the project. The project was advertised for bid on January 19, 2010. Twelve contractors obtained plans, specifications and bid documents. Bid proposals were received and publicly opened and read on Wednesday, January 27, 2010. Proposals were received from eight contractors. All proposals were deemed to be acceptable. Attached is a tabulation of the bid results. As can be seen, L.C. United Painting of Sterling Heights, Michigan was the low bidder with their proposal for a total amount of $337,000.00

Our consultant, Jeff Kellner, is familiar with L.C. United Painting and has recommended that the contract be awarded to them. Therefore it is recommended that the City Council approve the award and authorize the Mayor and City Clerk to execute the contract for the painting of Water Tower No. 2 to L.C. United Painting of Sterling Heights Michigan for the amount of $337,000.00.

This matter has been placed on the agenda for the City Council meeting of Monday, February 15, 2010 for consideration and action.

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From:  Kenneth B. Newman, City Engineer
Date:  February 10, 2010
Subject:  Engineering Services – Devonshire Trunk Sewer Upgrade, Phase 2

We are currently planning to construct another portion of the Devonshire trunk sewer upgrade project during the 2010 construction season. This phase will begin at the point we stopped last year in Lincoln Park west of the end Monroe Street and continue out to and up Stratford Drive to Yorkshire Drive and down Yorkshire to Tottenham Ct. The project includes installing about 2000 feet of 18" sanitary sewer, 12 manholes and 21 sanitary service tees and lateral connections. The cost for construction of this phase is currently estimated to be $475,000.

I recently met with Rick Creasy of Austin Engineering Company to discuss the City’s current plans for this project. A proposal to finalize the plans and contract documents for this second phase was requested at the time. I am now in receipt of a proposal for an amount of $9,500 to complete all the necessary design work and get the project out to bid.

This proposal appears to be reasonable for the scope of work. It is my recommendation that the proposal be accepted. As such, Council approval is requested for staff to enter into an agreement with Austin Engineering Company, Inc. to complete the engineering work for this project for an amount not to exceed $9,500.00.

This matter has been placed on the agenda for the City Council meeting of Monday, February 15, 2010 for review and consideration.

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From:  Kenneth B. Newman, City Engineer
Date:  February 10, 2010
Subject:  Engineering Services – STP #2 Disinfection Facilities

During the sewage treatment facilities planning process, it was anticipated that we would be required to provide disinfection with any expansion or upgrade of our treatment plants. As such, the original design for the phase 1 improvements to Sewage Treatment Plant #2 included facilities for disinfection using gaseous chlorine. When the NPDES permit for STP #2 was modified and reissued in July 2007 for the proposed phase 1 improvements, the IEPA did not require that we disinfect. Therefore, we removed the disinfection facilities from the proposed improvements. When a decision was made in early 2009 to proceed with construction of the phase 1 improvements using stimulus funds, we elected to include construction of the chlorine contact tank in the project, since this was the most costly part of the disinfection facilities and we anticipated that we would eventually be required to disinfect. Subsequent to proceeding with the construction, the NPDES permit for STP #2 expired and we had to go through the renewal process. The IEPA has recently issued the new permit and we are now required to disinfect the fully treated effluent during the months of May through October. The permit includes a compliance schedule, which requires that we complete construction of the disinfection facilities by March 1, 2011 and obtain operational level by May 1, 2011.

As it became evident that we would need to disinfect, further consideration was given by staff and the Public Services Committee as to what type of disinfection process should be used. An evaluation was performed of gaseous chlorination versus using a process that employs ultra violet light. Based on the evaluation, it is estimated that the net cost of constructing U-V disinfection facilities will be about $332,000, taking credit for the cost of the chlorine contact tank which is already included in the current project. While it was determined that construction cost of the U-V facilities will be about $52,000 more than the chlorination facilities, staff and the Public Services Committee members elected to proceed with constructing U-V facilities due primarily to concerns of the dangers of using gaseous chlorine.

We are now planning to construct the U-V disinfection facilities as part of the current phase 1 improvements project. We requested and are now in receipt of a proposal from Strand Associates, Inc. to provide the additional design and construction review services for the addition of the U-V disinfection facilities. Strand is proposing to provide all the necessary engineering services, which include amending our original facilities plan and obtaining IEPA approvals, completing the design, revising plans and preparing the necessary contract documents to negotiate a request for proposal from River City Construction to incorporate construction of the U-V facilities into the current project. Strand’s fee for their services is $48,000. This proposal was reviewed and discussed with the Public Services Committee at their meeting on February 8. The Committee agreed that we should proceed with hiring Strand to complete this work.

Based on the above, staff is requesting the Council’s authorization to enter into an agreement with Strand Associates, Inc. for an amount of $48,000 to provide the necessary engineering services to complete the design and construction of the U-V disinfection facilities.

This matter has been included on the agenda for consideration and action by the City Council at the February 15, 2010 meeting.

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From:  Kenneth B. Newman, City Engineer
Date:  February 10, 2010
Subject:  Engineering Services – Water Tower No. 2 Repainting

We are in receipt of a proposal from Jeff Kellner of McMahon Engineers to provide part time observation and inspection of the repair work and painting of Water Tower No. 2. The fee for these services is estimated to be $22,500.00, based on making 15 on-site visits during the course of the work. Mr. Kellner is of the opinion that 15 visits should be sufficient to ensure that the work is being completed in a satisfactory manner.

At this point, staff is comfortable with part time inspection. However, it is planned that we will monitor the Contractor’s performance as the work progresses and make adjustments in the frequency of inspections if we believe it is necessary.

Based on the above, it is recommended that the Council authorize the expenditure of $22,500.00 for observation and inspection services and allow staff to enter into an agreement with McMahon Engineers to provide these services.

This matter has been placed on the agenda for the City Council meeting of Monday, February 15, 2010 for consideration and action.

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From:  Bob Morris
Subject:  Annual Farm Leases
Date:  February 12, 2010

As you may recall, we made three year commitments two years ago regarding the lease of the city’s two farm tracts: Tarvin and Blumenshine Farms. Ken Black has prepared the attached documents formalizing the leases on each of the tracts for 2010. The terms of the agreements are unchanged for prior years. We have had excellent working relationships with both tenant farmers.

We will likely want to solicit competitive bids for the farms in advance of the 2011 growing season.

Staff recommends adopting of the enclosed resolutions approving each of the two lease agreements.

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From:  Bob Morris
Subject:  IHSA March Madness Sponsorship
Date:  February 12, 2010

As discussed at last Monday’s Committee of the Whole meeting, Peoria area cities have been asked to consider helping in the sponsorship of the 2010 IHSA March Madness Boys Basketball Tournament.

Consistent with our discussions of last week, staff would recommend authorization to purchase a sponsorship in the amount of $5,000.

General information is attached.

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From:  Chief of Police James W. Kuchenbecker
Date:  February 9^th, 2010
Re:  Proposed Ordinance to Amend Penalty Provisions for Certain Offenses

Over the past few years, the City has adopted the use of the Notice of Violation (N.O.V.) as a method by which certain ordinance violations (curfew, truancy, and certain tobacco offenses) could be enforced without requiring the violators to appear in court. The thought was that those offenses related primarily to individuals likely to be enrolled in school, and requiring them to miss school to appear in court to answer the charges seemed counter-productive. In addition, mandatory court appearances took up additional officer time, City Attorney time, and cost the offender’s court costs regularly in excess of $100 (which was sometimes greater than the fine). When we originally implemented the N.O.V. program, it was felt that we could still enforce the specified ordinances without causing such an imposition on the individuals (and often their parents) to appear in court, miss work and/or school, and pay in excess of $100 in court costs for certain offenses. After the original implementation of the N.O.V. program, the City expanded its use to certain offense relating to animals, such as dogs running at large.

The N.O.V. works as follows: If a Police Officer determines that a person has violated a City ordinance for which issuance of an N.O.V. is an option, the Officer may issue the violator an N.O.V. instead of a Notice to Appear in court. The violator may then elect to pay the specified fine at City Hall or the Police Department within a prescribed period of time. If the person pays the fine on a timely basis, no further charges are filed. If the person fails to pay the fine on a timely basis, the Officer then issues the violator a Notice to Appear, which in turns requires the violator to appear in court. Therefore, any violator who wishes to appear in court and contest the charges still has that opportunity. However, a person who doesn’t want to contest the charge(s) can pay the fine for the offense without having to go to court and without having to pay court costs.

The City’s implementation and administration of the Notice of Violation program seems to have gone very well to date. In fact, it has gone well enough that I believe it is fair to say it that the City should consider expanding the list of ordinances which could be enforced by use of the N.O.V.’s We discussed a number of different commonly occurring offenses which we felt might be of such a nature that use of a Notice of Violation might be warranted, and came up with the following list:

Littering in Public Places (Code §94.02)
Throwing Litter from Vehicles (Code §94.04)
Soliciting Without a Permit (Code §115.20)
Injuring or Defacing Property (Code §130.01)
Trespass to Land (Code §130.05)
Disorderly Conduct (Code §131.01)
Throwing Missiles (Code §131.09)
Loitering (Code §131.10)
Assault (Code §132.10)
Battery (Code §132.02)
Theft (Code §132.04)
Vandalism (Code §132.05), and
Possession and Use of Tobacco by Minor (Code §132.07C)

Certain commonly occurring offenses, namely drug and alcohol related offenses would not be appropriate for N.O.V.’s. The enclosed draft ordinance amends the various penalty provisions which apply to the above referenced offenses.

Please note, while reviewing the above ordinances and the correspondence penalty provisions, we discovered two (2) of the penalty provisions (Code §94.99 and §130.99) were outdated, in that they authorized a maximum fine of only $500, as opposed to the presently allowable maximum fine of $750. Therefore, for those code provisions, I am recommending not only adding the N.O.V. language, but also amending the general penalty provision to increase the maximum fine to $750.

The expanded list of ordinances for which NOVs could be used would provide another enforcement tool available to the Police Officers to address a wide variety of circumstances they face on a regular basis. As in the past, each Officer would be required to exercise his or her judgment and discretion as to the most appropriate method of addressing a violation or enforcing the law. Officers are authorized to take actions ranging from giving a simple warning to making an arrest. Many offenses can be charged either as a City ordinance violation or as a State criminal code violation. While a warning would be the lowest level of enforcement, an N.O.V. would be viewed as the next lowest available option for an Officer. In general, the following hierarchy of enforcement would generally be available:

Lowest level of enforcement: Warning
                                          Notice of Violation
                                          Second Chance Program
                                          Notice to Appear – ordinance violation

Highest level of enforcement: Notice to Appear – state criminal code violation

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From:  Bob Morris
Subject:  A/E Services---Police Station Renovation 
Date:  February 12, 2010

Staff has recently solicited a proposal from Architectural Design Group (ADG) for services related to the Police Station renovation. The attached proposal delineates the expected services: 1) review of previously prepared programming documents, 2) evaluation of existing building components, 3) development of conceptual floor plan, and 4) preparation of project budget. ADG intends to use Midwest Engineering Professionals, Inc. for mechanical, electrical and plumbing engineering services and Hanson Professional Services for structural engineering services. This is the same team that accomplished the City Hall Renovation Project.

ADG proposes to provide these services on an hourly basis, not to exceed $15,750.00, plus transportation/printing services. This fee is competitive with other professional services proposals received in the past.

Staff and the Public Services Committee recommend the award of the professional services contract to ADG in accordance with its proposal.

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From:  Kenneth B. Newman, City Engineer
Date:  February 8, 2010
Subject:  Pay Request #2 – STP #2, Phase 1 Improvements

On October 5, 2009 the City Council approved the award of a contract for construction of the phase 1 improvements to sewage treatment plant #2 to River City Construction, LLC of East Peoria, IL for an amount of $6,654,300.00. The contract was fully executed and notice to proceed was given on October 22, 2009. We are now in receipt of payment application #2 from the Contractor for the amount of $261,256.50.

This pay application is for the period ending January 31, 2009. Since the previous pay request, relocation of underground piping in the vicinity of the screen building and oxidation ditch has been completed. Work on excavation for the oxidation ditch, forming and placement of reinforcing steel for the base slab has been completed. In addition work has continued on installing electric conduits in the control building. Based on the schedule of values, the value of completed work and stored materials stands at $611,081.00. The payment of $261,256.50 represents the total value minus the previous payment of $288,716.40 and retainage of $61,108.10.

Based on the above, it is staff’s recommendation that the City Council approve making payment in the amount of $261,256.50 to River City Construction, LLC.

This matter has been included on the consent agenda for review and consideration at the City Council meeting of February 15, 2010.

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From:  Bob Morris
Subject:  Washington Road TIF District
Date:  February 11, 2010

As discussed at last Monday’s Committee of the Whole meeting, we need to formally repeal the ordinance enacted in 1986 establishing the Washington Road TIF property tax increment in order to assure that the local taxing bodies will receive the 2009 real property taxes payable in 2010 as originally planned. Ken Black has prepared the attached ordinance to accomplish this objective.

The County Clerk’s office has advised that it will need a copy of the city’s ordinance prior to the end of February 2010. Accordingly, staff would request that the City Council WAIVE SECOND READING of the ordinance in order to expedite notification to the County.

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