The clock is running and a deadline is approaching for the developer of a proposed data center in Pekin.
City Attorney Jim Vasselli said Monday during a Pekin City Council meeting that the city is pressing Western Hospitality Partners [WHP] to make a decision on whether or not it wants to pursue the project "in light of the evolving circumstances with regards to data centers nationally, regionally and statewide."
Pekin Mayor Mary Burress said during a council meeting in March the city had no plans to move forward with the project — as residents in attendance cheered. City officials later determined the city cannot reject the data center project until the company formally submits a proposal, according to its contract with the company.
Vasselli didn't provide more details about a communication he sent to WHP, citing attorney/client privilege. The details were part of a confidential memo he wrote for council members.
WHP has up 11 months, starting Monday, to complete its due diligence for the data center project.
Its next step with the city, which it hasn't done, is to apply for a re-zoning of the 321-acre slice of the 1,000-acre Lutticken Farm property where the data center would be built.
WHP has offered the city $4.5 million for the parcel, which is currently zoned agricultural.
"There cannot be a data center at the site the way it's currently zoned," Vasselli said.
So what happens if WHP applies for a re-zoning?
The request would first go to the city's Zoning Board of Appeals.
The ZBA, which meets at 5 p.m. on the second Wednesday of the month at City Hall, would hear public comment on the re-zoning request, consider the application, then recommend a decision to the council, which would have the final say.
If the ZBA does hear WHP's re-zoning request, "the city would like to see as much public comment [at the meeting] as possible," Vasselli said.
Council's approval of a rezoning seems unlikely. Five of seven council members have publicity expressed their opposition to the data center.
Vasselli's update on the data center came in response to a question posed by Dave Milam, who lives next to the proposed project site, during the council meeting's public comment time.
Milam asked for an update, he said, because he remains fearful about the project despite the council's opposition to it.
Mayor Mary Burress said she understands Milam's fear.
"We're walking gently through this process, but I can assure you this entire room is fearful about what's next. We get it," she said.
Council member Peg Phillips said being patient is essential as the process plays out.
"I know it's difficult to hurry up and wait," she said.