Welcome to Peoria City Hall, Council Chambers. It’s 6:35 p.m. and time for the first council meeting of 2010. As usual, be sure to refresh this post often as I will be updating it throughout the evening. All council members and the mayor are in attendance. The mayor is evidently growing a beard, no doubt to emulate yours truly. Councilman Jacob appears to have a broken finger, as he’s sporting a pretty large cast on his right hand.

So without any further ado, here’s the agenda:

PETITIONS, REMONSTRANCES & COMMUNICATIONS – CITY OF PEORIA

ITEM NO. 1 CONSIDERATION OF CONSENT AGENDA ITEMS BY OMNIBUS VOTE, for the City of Peoria, with Recommendations as Outlined:

A. TAG DAY REQUEST from the KIWANIS CLUB of SOUTH-WEST PEORIA to Hold their ANNUAL PEANUT DAYS FUNDRAISER on SEPTEMBER 23, 24, and 25, 2010, (Dates are Open.)

B. NOTICE OF LAWSUIT on Behalf of NAPOLEON PURHAM on a Complaint Against the City of Peoria Regarding an Injury Sustained in a Fall on a Sidewalk at 1711 Howett Street, with Request to Receive for Information and Refer to Legal Department.

C. NOTICE OF LAWSUIT on Behalf of JEANETTE PROCTOR on a Complaint Against the City of Peoria Regarding a Fall through a Manhole Cover in a Pedestrian Area within the Property Located at 5201 W. War Memorial Drive on December 8, 2008, with Request to Receive for Information and Refer to Legal Department.

D. Communication from the City Manager and Director of Public Works Requesting Approval of a REAL ESTATE PURCHASE Located at 1408 W. DR. MARTIN LUTHER KING, JR. DRIVE, in the Amount of $40,000.00, as an Opportunity Acquisition for the Future Widening of Dr. Martin Luther King, Jr. Drive.

E. Communication from the City Manager and Director of Public Works Requesting Approval of an AGREEMENT with the ILLINOIS DEPARTMENT OF TRANSPORTATION for FUNDING of the CONSTRUCTION of ORANGE PRAIRIE ROAD from U.S. 150 to ALTA ROAD, in the Amount of $15 million.

F. APPOINTMENT and REAPPOINTMENTS to the PEORIA HOUSING AUTHORITY, with Request to Concur:

APPOINTMENT:
Kenneth J. Zika (Voting) – Term Expires 11/17/2011

REAPPOINTMENTS:
Richard W. Zukerman (Voting) – Term Expires 11/17/2012
Carl K. Cannon (Voting) – Term Expires 11/17/2012
Duane F. Heward (Voting) – Term Expires 11/17/2012
John W. Williams (Voting) – Term Expires 11/17/2011

G. REPORT of the CITY TREASURER PATRICK A. NICHTING for the MONTH of NOVEMBER 2009, with Request to Receive and File.

Item E retracted. Item F removed by Gulley. Irving moves, Montelongo seconds to approve the rest of the items. Passes unanimously.

Item F: Gulley moves for all reappointments except Duane Heward, who is resigning. Seconded by Spain. Passes unanimously.

ITEM NO. 2 Communication from the City Manager and Director of Public Works with Request for the City Council to SCHEDULE a POLICY SESSION to DISCUSS the U.S. ROUTE 24 ADAMS STREET/WASHINGTON STREET FEASIBILITY REPORT.

Public Works Director Dave Barber is asking for the council to make some decisions about what changes they will support on Route 24 between I-474 and I-74 based on the feasibility study that was done last year. Once Barber gets direction from the Council, he can move forward on the project. Mayor Ardis agrees it needs to happen soon, and requests that it be done within the next 30 days.

Councilman Sandberg states he’s still interested in exploring direct access to the Eagle View TIF from I-474. Barber says it would be too expensive, so they were recommending a Darst/Washington St. access to Eagle View.

Spain moves, Gulley seconds setting a date for a policy session within the next 30 days. Sandberg asks if the policy session will also include discussing Adams and Jefferson streets and possibly returning them to two-way travel. Answer from Mayor Ardis: no, but it could be added if the council wants to discuss it. Spain agrees with Sandberg and approves of expanding the discussion. Barber is directed to be prepared for that possibility. Motion passes unanimously.

ITEM NO. 3 Communication from the City Manager and Corporation Counsel Requesting Approval of an INTERGOVERNMENTAL AGREEMENT Between the CITY OF PEORIA and the TOWN OF THE CITY OF PEORIA for a FOIA OFFICER DEPUTY, with a Request to Authorize the City Manager to Execute the Agreement.

Council member Van Auken moves to table the item, seconded by Councilman Jacob. Motion passes unanimously. Reason given: council members still have questions about it.

PETITIONS, REMONSTRANCES & COMMUNICATIONS – TOWN OF THE CITY OF PEORIA

ITEM NO. 2 Communication from Chairman Jim Ardis Requesting Approval of an INTERGOVERNMENTAL AGREEMENT Between the CITY OF PEORIA and the TOWN OF THE CITY OF PEORIA for a FOIA OFFICER DEPUTY.

Council member Van Auken moves to table the item, seconded by Councilman Turner. Motion passes unanimously. Same as previous item.

UNFINISHED BUSINESS – CITY OF PEORIA

(09-330) Communication from the City Manager and Corporation Counsel Requesting Adoption of an ORDINANCE Amending CHAPTER 1 of the Code of the City of Peoria Relating to GENERAL PROVISIONS and the GENERAL PENALTY and SETTLEMENT of RENTAL REGISTRATION VIOLATIONS.

Councilman Jacob asks city attorney Randy Ray for an overview of this legislation. He pretty much reiterates what’s explained in the council communication. Jacob moves to approve, seconded by Van Auken. Passes unanimously.

(09-551) Communication from the City Manager and Director of Inspections with REPORT BACK Regarding the STATUS of the RENTAL REGISTRATION PROGRAM, with Request to Receive and File. (New Communication)

Jacob calls on Director of Inspections John Kunski to give an overview. His overview covers the same material in the council communication. You may ask why these people are asked to reiterate information they’ve already provided to the council. Some would say it’s because the council doesn’t read their packets ahead of time, but others would say it’s for the benefit of the public — those in the audience here, and those listening on the radio or watching on TV. Probably it’s a little of both.

Sandberg requests that current rental registration info be put online now instead of waiting until the list is complete as Kunski suggested. Spain asks whether we can accommodate online payments through a proprietary system instead of the Illinois e-pay system. Montelongo moves, seconded by Riggenbach to receive and file; passes unanimously.

(09-566) Communication from the City Manager and Corporation Counsel Requesting Adoption of? ORDINANCE “A” Amending CHAPTERS 18 and 27 of the Code of the City of Peoria Pertaining to BUSINESS LICENSES OR ORDINANCE ‘B’ Amending CHAPTER 27 of the Code of the City of Peoria Pertaining to BUSINESS LICENSES. (New Communication and Ordinances) (Refer to Item No. 09-277)

Councilman Turner explains that this is not intended as a revenue generator via the business fee, but rather as a mechanism to help the city collect unpaid HRA taxes from restaurants who don’t have liquor licenses and gas stations. The city currently has no leverage to collect these taxes when businesses get in arrears. It would require businesses to get a $10,000 license and permit bond. Motion to approve ordinance “A” by Van Auken. Seconded. Van Auken feels that if a business can’t afford the bond, it probably isn’t financially viable in the first place.

Gulley opposes the bond requirement. He thinks it’s just another hurdle that will make the city unfriendly to business, especially start-up businesses which will find it “impossible” to get the bond because they have no track record. He wants to go with ordinance “B.” Sandberg points out that we don’t use existing regulations to collect these taxes. We require a bond for liquor establishments theoretically to hold them accountable to pay their taxes, and yet they’re the ones with whom the city has the most trouble collecting. Also, the county already requires a restaurant license — why not coordinate with them instead of creating a new bureaucratic hoop? He gives other examples of how the system can be more efficient. Turner says he is enforcing tax collection for bars. (Turner is the Deputy Liquor Commissioner.)

Van Auken amends motion to approve option “A” but allow either a surety bond or a cash bond.

Spain asks if we have investigated any of Sandberg’s suggestions of using other licenses to force sales tax collection. Randy Ray says he can look into it, but believes we tried before, but were not allowed to use a health department license for that purpose. Sandberg says Ray is right, there is no legal reason to revoke a health department license for failure to pay taxes, but instead of creating a new license, why not add that stipulation to an existing license? Wouldn’t that be more efficient? Turner says creating a new license is just quicker and easier. “The longer we wait, the more money is getting away,” he said.

Item passes 6-5. Nay: Sandberg, Spears, Spain, Jacob, and Irving.

(09-613) Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Planning Commission to Approve a RESOLUTION Amending the COMPREHENSIVE PLAN, and the FUTURE LAND USE MAP for a MAP AMENDMENT to Modify the WEST MAIN FORM DISTRICT by Changing the Frontage Designation Along Ellis Street; Garfield Avenue; Frink Street; Bourland Avenue; and Underhill Street from WM (West Main) Form District Local Frontage to WM (West Main) Form District Neighborhood (R4) Frontage for the Properties Located at 1025 N. ELLIS STREET; 842, 920, 1002, and 1018 W. RUSSELL STREET; 1029 N. GARFIELD AVENUE; 1027 N. BOURLAND AVENUE; and 1026 and 1027 N. UNDERHILL STREET and Identify Street Section Types; and Identify Edge of Pavement for the Prospect Road Form District and the Sheridan Triangle Form District.

Van Auken moves to approve, seconded by Turner. Planning and Growth Director Pat Landes explains the request. Sandberg asks if all the property owners were notified of these changes; Landes says yes. She mentions that the notice would have gone to the property owner, not the occupant.

Motion passes unanimously.

(09-614) Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission to Adopt an ORDINANCE Modifying EXISTING REGULATING PLANS Pursuant to the Provisions of APPENDIX C, the Land Development Code of the Code of the City of Peoria.

Van Auken moves to approve, seconded by Turner. No discussion. Passes unanimously.

(09-615) Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission to Adopt an ORDINANCE Amending APPENDIX C of the Code of the City of Peoria Regarding VARIOUS TEXT ADJUSTMENTS Relating to COMMERCIAL and FORM DISTRICTS.

Van Auken moves to approve, seconded by Turner. Director Landes was called on to explain the request. These changes were based on staff suggestions and the recommendations of an ad hoc committee made up of representatives from the Zoning Commission, Planning Commission, Historic Preservation Commission, and Heart of Peoria Commission (the ad hoc committee was formed before HOPC was decommissioned). I was one of the HOPC commissioners on the ad hoc committee.

Councilman Jacob has a number of questions. He asks on what basis we make changes to these form-based ordinances. Landes says changes are made “to make the code work better.” What Jacob is getting at is this: are these changes being requested based on specific projects and requests from developers? Landes won’t say this, but the answer is, “in some cases, yes.” The awning changes in particular — which Josh Naven is defending right now — were brought up regarding a specific project — in fact, one that was being worked on by one of the committee members, who is an architect. In fairness, others would say that, while this one project brought this “problem” to light, it nevertheless needed to be addressed and the change will benefit everyone, not just one developer. In reality, it was really a non-problem, and I believe it was magnified only because of the particular developer, his lawyer, and the fact that his architect was on the committee. So, it’s a matter of interpretation.

Jacob: “Are we excluding” or “advantaging some development at the exclusion of others?” Answer: no. The change in permitted siding for residential structures — which is what Jacob was referencing — was a benign change. Jacob: Questions about the “change of use” definition. Definition was explained.

Sandberg has questions regarding parking requirements. His questions regard changes that were recommended by staff, not the ad hoc committee (meaning, the ad hoc committee didn’t address them, not that they were opposed). He’s asking about the number of cars that are permitted to be parked outside at an auto repair facility. The recommendation is to change the maximum number of cars from 2 to 10. Sandberg would rather see a ratio based on lot size rather than a hard number. Landes defends the hard number; small lots will be limited to less than ten based on site access requirements, and large lots have the 10 car maximum.

Sandberg is concerned about “change of use” definition being too subjective. My take: we didn’t have any definition of the term before. I would think that was more subjective than the proposed definition, which gives a little more clarity. Landes doesn’t comment.

Motion passes 10-1; Jacob voting nay.

NEW BUSINESS

• Councilman Riggenbach announces that East Bluff Neighborhood Housing Service is holding a public forum 1/14 at Prince of Peace church. It will be facilitated by Bob Manning.
• Van Auken congratulates District 150 for approving charter school initiative at their meeting last night.
• Spain promotes the 2010 Census, reminds everyone to complete their census forms when they receive them in about sixty days. The city is really hoping their population has gone up so they can get more federal and state funds.

CITIZEN REQUESTS TO ADDRESS THE COUNCIL

• Charles Williams — Unhappy with the reverse 911 system only being used to notify people within a three mile radius of the prison about the recent prison break. The whole city should have been notified of the danger. Next topic: Complaints about Alta Road. Is it City or County of Peoria? Every Sunday it’s closed for Northwoods Church. If we’re going to close a road for one church, why not close roads for other churches? Isn’t that discriminatory? The road is closed by county deputies, not the City. Next topic: “We can do better” in regards to snow removal. Snow is a problem especially at bus stops.
• LaVetta Ricca is concerned and sad about the state and future of Peoria’s older neighborhoods, especially the South Side and the East Bluff. I’ve got to hand it to her, she gets up nearly every meeting to remind the council of the problems that keep being ignored.
• David C. Henderson rudely complains about: Pioneer Parkway at the railroad crossing, Willow Knolls at Allen Road, Glen Avenue and University heading west, and University between Glen and War Memorial. He wants everyone to know he has a Camaro because he mentions it nearly every sentence.
• Sabino Sierra disagrees with the school board endorsing the charter school. He thinks it will be the same as the Edison program and the district doesn’t have the money to do it. “The only one who had common sense last night was the newest member on the school board” — that would be Laura Petelle. Next topic: “We don’t enforce our ordinances as much as we should.” Complains about littering.
• Name not given — Complains about events in the 400-600 block of Richwoods boulevard. The city cut their trees down in their boulevard completely unnecessarily. The reason given was that they were interfering with the snow plows. According to this gentleman, not true. Their neighborhood association takes care of the boulevard and pays to keep the trees trimmed. There’s no way they could be interfering in any way with the snow plows. The damage done is irreparable and it has ruined their street.

EXECUTIVE SESSION

ADJOURNMENT

We are adjourned as of 8:30 p.m. Good night everyone!