Liveblogging the City Council 2/23/2010

Good evening, and welcome to Peoria City Hall! Sorry I wasn’t able to liveblog last week’s special meeting. I had a scheduling conflict. I was disappointed that it was carried on neither WCBU nor cable channel 22, but more on that later. For now, it looks like all council members are present and accounted for, and ready to tackle this agenda (remember to refresh your browser often as I’ll be updating this throughout the evening):

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

ITEM NO. 1 Communication from the Town Clerk Requesting Approval of a RESOLUTION Authorizing the Town Supervisor to TRANSFER FUNDS, in the Amount of $56,800.00, from the GENERAL TOWN FUND LINE ITEM “CAPITAL PURCHASE” to GENERAL TOWN FUND LINE ITEM “RETIREMENT CONTRIBUTION” in the 2009-2010 TOWN BUDGET for GASB 45.

ITEM NO. 2 Communication from the Town Clerk Requesting Approval of a RESOLUTION Adopting a GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) 45 OTHER POST-EMPLOYMENT BENEFITS (OPEB) PLAN for the Town of the City of Peoria.

Both items approved unanimously with no discussion.

By the way, before the meeting started, there was a strong push for everyone to visit GooglePeoria.com and ask Google to bring their fiber optic network to our fair city. It never hurts to ask! Note: you have to have a Google account to nominate Peoria. If you have a Gmail account, you’re already good to go; otherwise, you have to sign up for a Google account. FYI.

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 AMERICAN LEGION, PEORIA POST 2, Requesting Permission to Distribute POPPIES to the Public for Donations on the Sidewalks of Peoria to Assist Disabled Veterans on Thursday, May 20, 2010, from 11:00 A.M. until 1:30 P.M. (Rain Date: Friday, May 21, 2010).? (Dates are open.)

B. Communication from the City Manager and Director of Public Works Requesting Approval to Accept the LOW BID of FREEWAY FORD, INC., of Lyons, Illinois, at a Total Cost Not to Exceed $91,764.00 for the PURCHASE of FOUR (4) 2010 FORD EXPLORERS for the Public Works Department.

C. Communication from the City Manager and Director of Public Works Requesting Acceptance of the LOW BID of WINDISH EXCAVATING, LLC, and Award a CONTRACT, in the Amount of $20,201.40, for BUILDING DEMOLITIONS at 813 and 833 N. E. GLEN OAK AVENUE and 520 E. ARMSTRONG AVENUE.

D. Communication from the City Manager and Director of Public Works Requesting Approval to PURCHASE TWO (2) COMPACT CARS for ROUTINE FLEET REPLACEMENT Using the STATE BIDDING CONTRACT from MORROW BROTHERS in Greenfield, Illinois, in the Amount of $13,394.00 each, with a Total Cost Not to Exceed $26,789.00, and ONE HALF-TON FORD F-150 PICK-UP TRUCK from LANDMARK FORD in Springfield, Illinois, in the Amount of $13,211.00, with a Total Cost Not to Exceed $40,000.00.

E. Communication from the City Manager and Director of Public Works Requesting Approval of a VARIANCE from the REQUIREMENTS of SECTION 12-7 of the Code of the City of Peoria Allowing an ADDITION to an EXISTING STRUCTURE at 7810 GALENA ROAD, which has the Lowest Floor Less than Two Feet Above the Base Flood Elevation.

F. Communication from the City Manager and Acting Director of Human Resources Requesting Approval to ENTER into an AGREEMENT Between the CITY OF PEORIA and all EMPLOYEE BARGAINING UNITS to EXTEND the JOINT LABOR/MANAGEMENT HEALTH CARE COMMITTEE for THREE (3) YEARS, Effective January 1, 2011, through December 31, 2013.

G. Communication from the City Manager and Director of Public Works Requesting Approval of the LOCAL AGENCY AMENDMENT #1 for FEDERAL PARTICIPATION with the ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) for STIMULUS FUNDS, in the Amount of $2,391,543.00 for CONSTRUCTION COSTS for NORTHMOOR ROAD (Sheridan to Knoxville), Stage 3 and Requesting Approval to Reprogram $451,815.00 from the UNIVERSITY OVERLAY PROJECT to the NORTHMOOR ROAD IMPROVEMENT, as Outlined.

H. Communication from the City Manager and Director of Public Works Requesting Approval of the SEWER IMPROVEMENT AGREEMENT with the GREATER PEORIA SANITARY DISTRICT for the REPAIR of SEWERS as a Part of the CITY OF PEORIA’S SEWER REHABILITATION {DESIGN AREA 1 POINT REPAIRS PROJECT 4 (CPSD PROJECT#2172)} and Requesting Approval of the AGREEMENT for PROFESSIONAL SERVICES with CRAWFORD, MURPHY & TILLY, INC., in an Amount Not to Exceed $315,800.00, for the Work.

I. Communication from the City Manager and Director of Public Works Requesting Approval of the SEWER IMPROVEMENT AGREEMENT with the GREATER PEORIA SANITARY DISTRICT for the REPAIR of SEWERS as a Part of the CITY OF PEORIA’S SEWER REHABILITATION {DESIGN AREA 1 POINT REPAIRS PROJECTS 5 and 7 (CPSD PROJECTS #2179 and #2183)}, and Requesting Approval of the AGREEMENT for PROFESSIONAL SERVICES with HANSON PROFESSIONAL SERVICES, INC., in an Amount Not to Exceed $272,079.00, for the Work.

J. Communication from the City Manager and Director of Public Works Requesting Approval of the SEWER IMPROVEMENT AGREEMENT with the GREATER PEORIA SANITARY DISTRICT for the REPAIR of SEWERS as a PART of the CITY OF PEORIA’S SEWER REHABILITATION {DESIGN AREA 1 POINT REPAIRS PROJECTS 6 and 8 (GPSD PROJECTS #2180 and #2192)}, and Requesting Approval of the AGREEMENT for PROFESSIONAL SERVICES with MAURER-STUTZ, INC., in an Amount Not to Exceed $204,155.00, for the Work.

K. Communication from the City Manager and Director of Public Works Requesting Adoption of an ORDINANCE Amending CHAPTER 28 of the Code of the City of Peoria Relating to the DEFINITION of THE CENTRAL BUSINESS DISTRICT Changing the Named Street Boundaries to North William Kumpf Boulevard, Southwest and Northwest Perry Street, Spalding Avenue and Northeast and Southwest Water Street.

L. Communication from the City Manager Requesting Adoption of an ORDINANCE VACATING a PORTION of LAKE VIEW AVENUE Approximately 315 Feet Northeast of Perry Avenue, and REPEALING ORDINANCE NO. 16,534.

M. Communication from the City Manager and Finance Director/Comptroller Regarding the RESULTS of the NEGOTIATED SALE of $2,420,000 GENERAL OBLIGATION REFUNDING BONDS SERIES 2010A, with Request to Receive and File.

N. Communication from the City Manager and Finance Director/Comptroller Regarding the RESULTS of the NEGOTIATED SALE of $1,495,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS SERIES 2010B, with Request to Receive and File.

O. APPOINTMENT by Mayor Ardis to the ADVISORY COMMISSION ON HUMAN RESOURCES, with Request to Concur:

Nancy S. Rakoff (Voting) – Term Expires 6/30/10

P. APPOINTMENT by Mayor Jim Ardis to the PEORIA HOUSING AUTHORITY, with Request to Concur:

Aurthur Mae Perkins (Voting) – Term Expires 11/17/2012

Q. APPOINTMENT by Mayor Jim Ardis to the SOLID WASTE DISPOSAL COMMITTEE, with Request to Concur:

Council Member Dan L. Irving (Voting – Term Expires 6/30/2010

R. Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission and Staff to Receive and File the 2009 ZONING COMMISSION ANNUAL REPORT.

S. REPORT of the CITY TREASURER PATRICK A. NICHTING for the Month of JANUARY 2010, with Request to Receive and File.

Item C (Gulley), E (Sandberg), and F (Jacob) were removed. Van Auken/Turner move to approve remaining items, and it passes unanimously.

  • Item C — Gulley wants to know if this is a self-perform contract. Public Works Director Barber says it is. Gulley/Turner move to approve, and it passes unanimously.
  • Item E — Sandberg is concerned that information from FEMA does not appear in the Construction Commission minutes. Based on information provided by FEMA, Sandberg cannot support approval of the variance. The FEMA standards for granting a variance have not been met. Mayor Ardis asks for comments from Barber. Barber says the property is above the 100 year flood plain by 0.2 ft. Spain/Irving move to approve. Sandberg says that if this is approved, everyone can come in and request a two-foot waiver. Motion passes 10-1 (Sandberg).
  • Item F — Jacob requests an 8-week deferral [later amended to April 27, 2010] to continue discussions with members of the bargaining units. Seconded by Van Auken; passes unanimously.

ITEM NO. 2 ommunication from the City Manager and Director of Public Works Requesting Approval of TASK ORDER NO. 5 to AGREEMENT NO. 07-040, which is the 2007 Professional Services Agreement with Mactec Engineering and Consulting, Inc., with an EFFECTIVE DATE of FEBRUARY 9, 2010, and a COMPLETION DATE of DECEMBER 31, 2010, for a Total Additional Compensation Amount Not to Exceed $274,774.00, to ASSIST the CITY in the DEVELOPMENT and NEGOTIATION of a LONG TERM CONTROL PLAN to MEET the REQUIREMENTS of the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT for the CITY’S COMBINED SEWER OUTFALLS.

Ardis, due to conflict of interest (because of his employer), does not participate or vote on this — Turner takes over as Mayor Pro Tem. Van Auken/Gulley move to approve. Sandberg frustrated with the process taking so long and costing more money. Barber also frustrated, but feels there’s nothing that can be done to improve the situation; it’s a process over which the City has no control. Spain and Van Auken also had things to say. Van Auken always sounds like she’s cross examining a witness when she asks questions of staff. Motion approved unanimously.

ITEM NO. 3 Communication from the City Manager and Director of Planning and Growth Management Requesting Approval of a RESOLUTION ENCOURAGING RESIDENTS to PARTICIPATE in the 2010 CENSUS by Completing and Returning the 2010 Census Questionnaire by April 1, 2010.

Spain pushing for full participation in the 2010 Census. We need to “maximize our population count” in order to get the maximum federal funding. Spain/Jacob move to approve and it passes unanimously, not surprisingly.

ITEM NO. 4 Communication from the City Manager and Director of Planning and Growth Management with Recommendations as Follows:

A. Concur with the Recommendation from the Zoning Commission and Staff to Adopt ORDINANCE “A” Rezoning Property Located at 4221 N. STERLING AVENUE from the Present Class C1 (General Commercial) District to a Class C2 (Large Scale Commercial) District; AND

B. Concur with the Recommendation from the Zoning Commission to Adopt ORDINANCE “B” or Concur with the Recommendation from Staff to Adopt ORDINANCE “C” Amending Ordinance No. 13,391, as Amended, for a SPECIAL USE in a Class C2 (Large Scale Commercial) District for a SHOPPING CENTER Commonly Known as the WESTLAKE SHOPPING CENTER to Add Property Located at 4221 N. STERLING AVENUE and to Allow for a FREESTANDING SIGN and BUILDING ADDITION for Property Located at 2515, 2601, and 2701 W. LAKE STREET and 4221 N. STERLING AVENUE, with Waivers and Conditions.

This ought to be good. This is the famous (infamous) “we have to have a bigger sign or else our phantom tenant will not come here” project. I’ll bet it passes with minimal discussion.

Spears moves to approve part A; seconded by Turner. Part A passes unanimously.

Spears moves to approve part B with the exclusion of condition 3; seconded by Riggenbach. Removing condition 3 means that dumpsters would not have to be screened. Sandberg mentions that he wouldn’t want to live next to a place that doesn’t screen its dumpsters. And he not surprisingly brings up the ridiculousness of approving a waiver that allows a larger sign than the current one — when the current one is already larger than allowed under our sign ordinance. Plus, the new sign would blink (it’s an electronic/digital sign). Sandberg will not support the item because of the sign waiver. He makes a sarcastic remark about Spears saying he supports attracting the middle class to the older parts of Peoria, saying that these kinds of decisions are the very ones driving middle class residents away.

Spears says he lives close to this area and passes it every day. He mentions that it’s an area of the city that brings in more than 10% of the city’s revenue, and that people have moved toward because of the convenience. He agrees that blinking lights are not that wonderful, but says that wasn’t one of the objections from staff — the objection was the size. He wants to talk to the property owners on how to improve the area, and the next move would be to put garden sheds next to the dumpsters for storing things like rakes and lawn mowers. He says the choice was to either leave the sign as is, or turn the area around and improve the landscaping. ??? Ha!

Riggenbach says he also lives in the area (near Sheridan Village). He says the new look of Westlake and the new signage is superior to the existing sign. He’s supporting it and expresses gratitude (gratitude!!!) for this development. Montelongo also has words of praise, and says by approving this, the council is being business-friendly. He says thanks to Cohen Development Company.

Motion passes 10-1 (Sandberg). Gah!

ITEM NO. 5 Communication from the City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Amending the CITY OF PEORIA BUDGET for FISCAL YEAR 2010 Relating to the USE of the DOWNTOWN TAX INCREMENT FINANCE (TIF) FUND BALANCE, in the Amount of $61,000.00, for the JEFFERSON AVENUE SAFETY IMPROVEMENTS BID AWARD to the LOW BID CONTRACTOR, ILLINOIS CIVIL CONTRACTORS OF ILLINOIS.

Request from staff to withdraw this item and 09-506 under unfinished business. Gulley objects. He says this is a safety problem and we have a lot of investment in design work on this item. He asks, what’s the plan if we’re not going to do this? If we’re not ever going to do it, we should have a dialog and debate on it, not just throw it away.

Gulley moves to approve the item, seconded by Van Auken. Van Auken asks why staff is recommending withdrawal. Spain answers: “the time still [isn’t] right for this project.” The Civic Center Authority is in support of this project as a significant safety measure. Sandberg points out that IF this is a safety issue, then it’s the responsibility of the Civic Center to fix it, not the City of Peoria. The Civic Center has their own revenue stream (HRA taxes). They should spend that money on it if it’s critical. The City can pay part of it — the portion that extends into the City’s right-of-way. Other than that, it’s the Civic Center’s responsibility. Sandberg won’t support it. The City can’t afford it.

Ardis mentions that he talked to Debbie Ritschel at the Google press conference about this. The desire was not to get into a City vs. Civic Center scenario. They just want to acknowledge that we can’t afford it right now, and other solutions will need to be found.

Gulley withdraws the motion, while saying that safety issues need to be dealt with. Offers substitute motion to withdraw both items, but come up with other safety solutions; seconded by Spain. Motion passes 10-1 (Jacob).

ITEM NO. 6 Communication from the City Manager and Corporation Counsel Requesting Council Action on the SITE APPLICATION for a CLASS A (Tavern) with a SUBCLASS 1 (4:00 A.M. Closing) and SUBCLASS 2 (Live Entertainment) LIQUOR LICENSE at 633 MAIN STREET, with Recommendation from the Liquor Commission to DENY.

Jacob will be abstaining due to having a liquor license. Gulley moves to table the item because “some changes are coming forward.” Turner wants to know what the changes are. Gulley won’t tell him. Motion seconded by Van Auken. Some cryptic discussion; motion passes unanimously.

ITEM NO. 7 Communication from the City Manager and Director of Public Works Requesting Adoption of the AMENDED SIDEWALK POLICY that Includes the SIDEWALK PARTICIPATION PROGRAM, SIDEWALK IN NEED OF REPAIR (SINR) PROGRAM, and SAFER NEIGHBORHOOD SIDEWALK PROGRAM.

Van Auken moves to approve; seconded by Spain. Gulley asks where this solution originated, as it wasn’t discussed by council during their policy session. Gulley says that this agenda item means that all small sidewalk contractors will not be able to do business with the City of Peoria. Van Auken disagrees. Sandberg concerned that this “solution” will cause more problems than it solves (the law of unintended consequences). Montelongo asks if we have enough staff to manage this task. Barber: yes. Motion passes 7-4 (Sandberg, Montelongo, Jacob, Gulley voting no).

UNFINISHED BUSINESS

(09-506) Communication from the City Manager and Director of Public Works Requesting Approval of the Recommendation to Accept the LOW BID of ILLINOIS CIVIL CONTRACTORS, INC., and Award a CONTRACT, in the Amount of $492,382.70, Plus a 5% Base Bid Contingency of $21,753.14, for the JEFFERSON AVENUE SAFETY IMPROVEMENTS. (New Communication)

Withdrawn.

(09-616) Communication from the City Manager and Director of Planning and Growth Management Regarding a REPORT BACK on CONDITIONS to ENTER into an ANNUAL CONTRACT with the EAST BLUFF NEIGHBROHOOD HOUSING SERVICES (EBNHS) Related to Ordinance No. 14,534, with Request to DEFER this ITEM for TWO WEEKS. (New Communication)

Deferred unanimously (moved by Riggenbach). [Reconsidered below.]

(09-618) Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission and Staff to DENY a Request for a SPECIAL USE in a Class R4 (Single Family Residential) District for a WIRELESS COMMUNICATION FACILITY for Property Commonly Known as COLUMBIA MIDDLE SCHOOL Located at 2612 N. BOOTZ AVENUE.

Van Auken asks for deferral at request of petitioner to second March meeting, seconded by Turner. Sandberg asks for privilege of the floor for those who want to discuss the deferral.

Mileta (sp?) King is member of EBNHS board and resides on the East Bluff and she addresses the council. She feels there’s conflict of interest in the president, vice president and treasurer. King is concerned about the deferral because …

Whoops, point of order! This is under the wrong item. The EBNHS deferral was already passed.

Motion on cell tower deferral passed unanimously.

Motion to reconsider 09-616, seconded by Gulley. Motion passes 9-2 (Riggenbach, Van Auken). Now Ms. King speaks to the deferral, and says she’s concerned that by deferring it, they will lose their champion, Gary Sandberg, because he’s going in the hospital March 4. Karrie Alms speaks against the deferral. She doesn’t think two weeks is long enough to answer all the questions that have been raised. She’s advocating a longer deferral to give time for audits and other missing documents to be produced, among other issues. Sandberg asks if staff would be able to provide all documents requested within two weeks time (rhetorical). He asks for a longer deferral as well so he can be present for future discussion. Sandberg says that he’s not the only one who won’t be available the first meeting in March.

I don’t know what Riggenbach is talking about. He’s very animated, though. He wants to “get it done,” but doesn’t want to let questions go unanswered, either. I think he said he’s willing to extend the deferral somewhere in there. Motion passes 10-1, just like before. Still a two-week deferral, evidently. Weird exchange.

NEW BUSINESS

  • Van Auken mentions that there’s a Facebook page committed to the Google Peoria initiative. She suggests you become a fan/friend of “Google Coming to Peoria.”
  • Montelongo will be having a meeting with other council members and “the business community” to talk about what can be done to help the business community “grow jobs.” Also he and Turner will be having a March 4, 7:30 a.m., breakfast meeting here at City Hall.
  • Gulley wants a report in the Issues Update on the status of annual commission reports.
  • Ardis would like an agenda item on second meeting in March — a report back on final sales tax numbers for 2009.

CITIZEN REQUESTS TO ADDRESS THE COUNCIL

  • C. J. Summers — Hey, that’s me! I requested that the council (a) follow through on the entire Washington St. corridor project, and (b) broadcast special meetings like the one last Tuesday that covered the Comprehensive Plan.
  • Karrie Alms — Speaks to the problems surrounding the East Bluff Neighborhood Housing Service controversy. She covers Open Meetings Act violations, incorrect/improper minutes, conflicts of interest, etc.

POLICY/WORKSHOP SESSION

ITEM NO. 1 Communication from the City Manager and Director of Public Works Requesting to Hold Discussion on the U.S. ROUTE 24 ADAMS STREET/WASHINGTON STREET FEASIBILITY STUDY and Provide Direction to Staff Regarding the Council’s Choice for the Recommended Plan. (Refer to Item No. 10-009).

Spain/Montelongo vote to open policy session, which passes unanimously. Director Barber starts his presentation. I’m not going to recount it all here (sorry). But he’s basically going over the same material provided here.

Barber says the now-defunct HOP Committee in 2008 “concurred in need to focus on Washington St. first” before looking at converting Adams/Jefferson from one-way to two-way streets. I love how they trot out the HOP Committee when it suits their purposes. Can we talk about the other things on which the HOP Committee concurred? Like their concurrence that the museum project is inconsistent with the Heart of Peoria Plan? How about the need for a complete multi-modal transportation plan? We concurred on that as well.

Barber’s presentation is over. Now discussion will ensue. Spain thinks portions of the Washington St. project are urgent and would like to see it move forward sooner than later. But he would like to take the more urgent sections sooner than the not-so-urgent. Van Auken agrees with Spain. Sandberg clarifies that the Phase I project is all-inclusive, and then the project can be broken up after that. By the way, Phase I will take 18-24 months, so hope no one is holding their breath thinking this project will start anytime “soon,” as most people define “soon.”

Sandberg: “Each option that eliminates a raised median is the proper option.” Thinks we should get IDOT approval before doing a Phase I study; worries that we will have to redo Phase I study if IDOT doesn’t approve at that point. Barber agrees that we would get IDOT approval before doing Phase I study.

Jacob agrees that raised median in southern gateway was detrimental to businesses there, and would like to see them removed. He also thinks that the southern gateway should be a little more pedestrian friendly in the hopes that in the future, more business will open down there, which will bring more employees/people/pedestrians. So don’t assume we’ll never have pedestrians down there.

Spain asks about what would happen if we lost Rt. 24 designation on Washington due to city’s desire to put parking on both sides of Washington through the Warehouse District. Answer: Don’t know at this point, other than losing state funding toward “improving” the roadway. (I put “improving” in quotes because the state’s definition of “improvement” is different than the city’s or the residents’.) Spain also asks if we have to do Phase I study on the whole corridor or if we could just do it on one section. Answer: To get state/federal money, we have to get the Phase I study done. We can’t afford to do the road improvement without state/federal money. Thus, we have to do the Phase I. Spain concerned about waiting two years for Phase I to be completed. (I agree — that’s too long!) Barber says the study is very complicated, and that’s why it takes so long.

Spain moves to direct staff to move forward with alternate option for Washington St. (meaning putting parking on both sides of the street); seconded by Sandberg. Motion passes unanimously.

Spain says the city has received feedback/concern from Caterpillar and how changes south of downtown will affect pedestrian safety by Cat HQ. Barber: “We’re concerned with safety through the whole corridor.” Good grief. Doesn’t Cat have a pedestrian bridge over Washington St.? (Rhetorical — yes, they do.)

Gulley moves to concur with staff options on the remaining three areas of Rt. 24. At Ardis’ request he breaks it up into three separate motions.

Gulley moves to concur with staff recommendations for Business district (which includes the part of the road adjacent to the proposed museum block); seconded by Van Auken. Sandberg and Spain have clarifying questions. Nobody likes the mountable barrier medians. These are little four-foot medians that you can drive over (“mountable”) but that separate another lane of traffic next to on-street parking. These are dumb, and only there because IDOT wants them. Motion passes unanimously.

Gulley moves to concur with staff recommendations for Gateway District (the southern gateway area), and that more green space be added where possible. Motion passes unanimously.

Gulley moves to concur with staff recommendations for Commerce District (the area between the Warehouse district and the Southern Gateway, basically from the Darst area to Edmund); seconded by Van Auken. Motion passes unanimously.

Spain/Irving move to close policy session and it passes unanimously.

EXECUTIVE SESSION

ADJOURNMENT

There is an executive session. I feel sorry for the council members! All final motions are passed unanimously. That’s it, everyone! Have a wonderful evening.

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