Good evening, and welcome to Peoria City Hall, Council Chambers. We’ve just said the Pledge of Allegiance and it’s time for the meeting to begin. It looks like all the council members and mayor are present. Remember that this post will be updated frequently throughout the evening, so if you’re following live, be sure to refresh your browser every so often to see the latest update.

Here’s the agenda for this evening:

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 PETER W. SOMMER V.F.W. POST 814 to Hold Their ANNUAL BUDDY POPPY SALE on Friday and Saturday, April 30 and May 1, 2010. (Dates are Open.)

B. Communication from the City Manager and Corporation Counsel Requesting Authorization to RETAIN the LAW FIRM of WESTERVELT, JOHNSON, NICOLL & KELLER, to Represent the City in Matters Related to the FIREFLY BANKRUPTCY.

C. Communication from the City Manager and Acting Director of Human Resources Requesting Approval to Select RESOURCE MANAGEMENT ASSOCIATES (RMA), to DEVELOP and ADMINISTER the FIRE CAPTAIN PROMOTIONAL EXAMINATION for the City of Peoria, in an Amount Not to Exceed $40,872.00.

D. Communication from the City Manager and Director of Public Works Requesting Approval of a REAL ESTATE PURCHASE Located at 1322 WEST DR. MARTIN LUTHER KING, JR. DRIVE, in the Amount of $45,000.00, 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 to Award a CONTRACT to HULSE LAWN CARE, in an Amount Not to Exceed $12,000.00, for the MOWING of CITY-OWNED VACANT LOTS, Effective May 2010, through December 31, 2010.

F. Communication from the City Manager and Director of Public Works Requesting Approval of a PROFESSIONAL SERVICES CONTRACT with apaceDesign for A/E SERVICES on a MULTI-YEAR CONTRACT for Indefinite Delivery of DESIGN SERVICES for MAINTENANCE PROJECTS, in an Amount Not to Exceed $25,000.00, in Design Fees Plus Reimbursables.

G. Communication from the City Manager Requesting Approval for the Use of $100,000.00 in CENTRAL BUSINESS DISTRICT TIF FUNDS to Serve as a Match to a Potential $250,000.00 Grant from the NATIONAL ENDOWMENT for the ARTS, MAYOR’S INSTITUTE of CITY DESIGN 25TH ANNIVERSARY INITIATIVE.

H. Communication from the City Manager and Director of Public Works Requesting Approval of a STATE MFT-GM RESOLUTION that Increases the 2010 MFT-GM PROGRAM by $60,000.00.

I. 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 State and Local AUTO THEFT ENFORCEMENT (S.L.A.T.E) PROGRAM FUNDS, in the Amount of $424,624.00.

J. 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 POLICE TOBACCO ENFORCEMENT, in the Amount of $5,016.00, and HOLIDAY MOBILIZATION PLUS GRANTS, in the Amount of $8,406.00.

K. Communication from the City Manager and Corporation Counsel Requesting Adoption of an ORDINANCE Amending CHAPTER 4 of the Code of the City of Peoria Pertaining to ANIMAL CONTROL ENFORCEMENT.

L. Communication from the City Manager and Director of Public Works Requesting Adoption of an ORDINANCE to Vacate the Excess Right-of-Way from the CHARTER OAK ROAD EXTENSION PROJECT, and Requesting Approval to Convey Said Excess Right-of-Way to the EDWARD ROSE BUILDING COMPANY.

M. Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission and Staff to Adopt an ORDINANCE Amending APPENDIX B of the Code of the City of Peoria Relating to CHILD CARE HOMES, and to Adopt an ORDINANCE Amending APPENDIX C of the Code of the City of Peoria Relating to CHILD CARE HOMES.

N. Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission and Staff to Adopt an ORDINANCE Amending Ordinance No. 14,254, as Amended, in a Class C2 (Large Scale Commercial) District for a SPECIAL USE for a SHOPPING CENTER to Add a DRIVE-THRU for an Existing Restaurant for the Property Known as PANERA BREAD Located at 1101 W. BIRD BOULEVARD, Including Parcel ID Nos. 09-32-455-001, 09-32-455-002, 09-32-455-003, 09-32-455-006, 14-05-202-009, 14-05-202-013, 14-05-202-014, 14-05-202-017, 14-05-202-020, and 14-05-202-021, with Conditions.

O. Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission and Staff to Adopt the Following:

1. ORDINANCE Rezoning Property from the Present Class R4 (Single Family Residential) District to a Class R6 (Multi-Family Residential) District for a Portion of the Property Identified as 1333 E. NEBRASKA AVENUE.

2. ORDINANCE Amending Ordinance No. 15,777, As Amended, for a SPECIAL USE in a Class R6 (Multi-Family Residential) District for a TEMPORARY HOUSING (Family House), to Reduce the Boundaries of the Original Special Use, to Add a Portion of the Property Located at 1333 E. NEBRASKA AVENUE, Modify the Building, and to Reconfigure the PARKING LOT for the Property Identified as Parcel Identification Nos. 14-34-451-018, 14-34-451-019, 14-34-451-020, with a Temporary Address of 825 ABINGTON STREET, and 1333 E. NEBRASKA AVENUE, with Conditions.

P. Communication from the City Manager Requesting to Receive and File the PEORIA PARK DISTRICT FIRST QUARTER 2010 REPORT of ACTIVITIES for the RIVERFRONT and GATEWAY.

The following items were requested to be removed from the consent agenda for separate deliberation: G (Sandberg), E (Jacob). Remaining items approved unanimously (moved by Spain, seconded by Montelongo).

• Item E — Hulse Lawn Care contract for mowing city-owned vacant lots. Jacob has question about the cost; Director Barber says it averages out to $10 per lot. Also wanted to know if this could be coordinated with code enforcement mowing (when people don’t mow their lawns, the city mows it for them and fines them for it). Code enforcement mowing is bid separately because it’s on-demand, whereas the city-owned lots on a set rotation. Montelongo/Van Auken moved to approve. Passed unanimously.
• Item G — NEA matching grant. Sandberg wants to know if the deliverable at the end of this process is only plans, but no money to actually enact the plan. Answer from Chris Setti: yes. They will be actionable plans with executable designs. Sandberg asks how this is different than the Heart of Peoria Plan, which cost us $250,000. Sandberg would rather see this money go toward actually enacting a Heart of Peoria Plan project so something gets done instead of just making more plans that never get implemented. Van Auken/Turner move to approve.

  Van Auken says that we have implemented the Land Development Code, which is a direct result of the HOP Plan. Spain says he’ll support the measure and makes extended love speech about ArtsPartners and several naive statements about how this will help improve downtown Peoria and keep people downtown. Montelongo not particularly concerned with the item itself, but rather the process. He thinks this should be postponed until after the council retreat.

  Montelongo moves to defer, seconded by Riggenbach. Setti says the full application is due on May 10, and the next council meeting is May 11. So, naturally, this has to be a rush job to spend $100,000 in public money. Sandberg asks if the other $150,000 from the private sector is identified and committed. Answer from Setti: no, but they’re working on it. There is some work on Washington street going on now in front of the proposed museum block — that may be eligible for the purpose of the match, and that’s about $75,000. That raises some question over whether this potential plan that comes from the NEA grant is going to compete with or supersede the HOP Plan. Gulley speaks against the deferral, so does Spain. Spain really wants the NEA money. Motion to defer fails 4-7 (Sandberg, Montelongo, Spears, Jacob voting aye).

  Irving wants to know if the cost of the HOP Plan can be pledged toward the NEA grant, and then if the $250,000 from the NEA could be used to implement the HOP Plan. Answer from Setti: don’t know; he’d have to check. He adds that he believes this plan is different from, or perhaps an extension to the HOP Plan. It covers public art and other things not necessarily addressed in the HOP Plan. Montelongo speaks against the motion. Sandberg speaks against the motion because he believes it’s going to produce a competing plan, and we’re rushing into this action without thinking it through. Spears asks if this is a budget amendment or 2011 expense. Answer: budget amendment, if the grant is approved.

  Motion fails, 5-6 (Ardis, Sprain, Van Auken, Gulley, Turner voting aye).

ITEM NO. 2 Communication from the City Manager and Corporation Counsel Requesting Approval for the Issuance of an RFP to Operate One or Both PUBLIC ACCESS CHANNELS and/or to Televise CITY COUNCIL MEETINGS.

Van Auken/Turner move to approve. Passes 10-1 (Spears). No discussion.

ITEM NO. 3 Communication from the City Manager and Corporation Counsel Requesting Approval of an INTERGOVERNMENTAL AGREEMENT with the COUNTY of PEORIA for the PROVISION of ANIMAL CONTROL SERVICES within the City of Peoria.

I haven’t seen this item because the supporting material wasn’t put online; thus, I can’t follow the discussion very well since they’re talking about a document I can’t review. A motion is made/seconded to approve. Van Auken complains that this item is $250,000 but was brought forth with only three days to consider it. There are a number of unanswered questions. The council did not get enough briefing on this item. Apparently, the City is going to have to pay a fee to the County for animal control services; however, facilities and equipment that the City turns over to the County will be credited against that fee, and they’re discussing what the value is of those City assets. There are different levels of service being proposed, with different fee levels. The base level of service would be provided at a fee of 90 cents per capita. Based on the most recent census, the city’s fee would be roughly $102,000. But, we’d be giving the county animal control vehicles and radios and things like that, and the depreciation of those assets would be credited against that fee. Wow, this is confusing! Basically, there’s a lot of arguing over the value of city assets, how much service the city wants from the county, and how much the resulting fee will be. Check that — the arguing was already done by city and county staff, and what’s before the council is the county’s offer. The City Council is deliberating on whether it’s a good deal or not, so they’re discussing how these numbers were derived.

Spears speaks in support of the motion, as does Riggenbach. [Sports update: Nationals leading the Cubs 2-0 in the 2nd. No score in the Braves/Cardinals game after one inning.] Spain supports the motion, too. Jacob has some concerns about proceeding on assumptions that are not explicitly in writing. For instance, supposedly the public safety tax would pay for these services after 2014 (i.e., once the county jail is paid off), thus doing away with the fee schedule they’re discussing now. But that’s not explicitly stated in the agreement, so the fee might go on forever. Scott Sorrel from the County spoke from the floor assuring the council that the intent of the county is to use the public safety tax in 2014. My opinion: there will be a different board and a different council in 2014; if it’s not in writing, it doesn’t exist.

Jacob agrees with my sentiments. He feels that we’re obligating future councils to annual renegotiation of fees by approving this, and asks if there’s any way to add language that would protect the city from that. In other words, is there any way to put it in the agreement explicitly that the public safety tax will pay for the services after 2014? Or that we will have no cost after 2014 but continue to receive base-level services? City Attorney Randy Ray says the council could add a term to the contract (5 or 10 years), but there is no guarantee that the County will agree to it. Jacob can’t support this agreement without the assurance there will be no further cost after 2014.

Now, Van Auken and Spears say that evidently the guarantee is in the contract — as part of Exhibit A. Again, I don’t have a copy of this, so I’m just going on what is said from the floor. [Sports update: Nats 2, Cubs 1, top 3rd; Braves 2, Cards 0, top 3rd.]

Motion passes 10-1 (Jacob).

ITEM NO. 4 Communication from the City Manager and Director of Public Works Requesting to Award the CONTRACT for RECONSTRUCTION of the RIVERFRONT VILLAGE STAIRS to the LOWEST BIDDER, WILLIAM AUPPERLE AND SONS, in the Amount of $265,617.00. (Refer to Item No. 10-163).

Spain abstaining due to his employer (Heartland Partnership) leasing space on the platform. Turner/Gulley move to approve. Sandberg cannot support expenditure because he doesn’t believe the proposed solution is going to last. Sandberg states the current steps are unsightly, but safe. He feels the solution is not a long-term solution; it addresses the look of the stairs, but proposes to reuse the steel stringers which are in worse shape than the steps. Precast concrete steps are not attached to steel easily. Sandberg then shows pictures of sidewalks in another TIF area that have gone unaddressed in decades and get more use and are more of a public safety issue. Let me tell you, they look really terrible. Much worse than the Riverfront Village stairs. A quarter million dollars should be spent on real safety issues instead of superficial aesthetics issues.

Public Works Director David Barber says the stairs were just painted a year ago and you can see how bad they look. He thinks the stringers on the side can be repaired/restored. The new stairs would be precast concrete, but each step can be replaced individually. Currently, the stairs are made of steel pans filled with concrete, and the steel pans are rusting out. Meanwhile, the pictures of deteriorated sidewalks continues to cycle while Barber is speaking.

Turner says the stairs are a safety hazard, regardless of what Sandberg says. Turner says there’s not nearly the volume of people walking on the sidewalks that Sandberg showed as the number of people who use the stairs on Riverfront Village. Plus, Riverfront Village is in a more visible area and reflects on our city.

Another alternate is to use galvanized steel stairs and no concrete at all, and that’s $309,000, apparently. Van Auken wonders why we wouldn’t use galvanized steel. She says she was talking to the owner of Lucas Steel, and she said if they don’t use galvanized steel, they’ll end up with the same result they have now.

Turner/Van Auken make substitute motion to do temporary repairs this year and come back next year with proposal options (galvanized steel, precast concrete, total replacement, etc.).

Montelongo asks Barber what the reason was for the deterioration. Answer: standing water in concrete pans, exacerbated by salt to melt ice and snow. Montelongo asks City Attorney Ray if insurance would cover any of this. Answer from Ray: “I doubt it.”

Substitute motion passes unanimously.

ITEM NO. 5 Communication from the City Manager and Director of Public Works Requesting Approval of the PROFESSIONAL SERVICES AGREEMENT with FARNSWORTH GROUP, INC., in an Amount Not to Exceed $1,623,684.00, for the DESIGN SERVICES of ORANGE PRAIRIE ROAD from U.S. Route 150 (War Memorial Drive) to IL 91/Grange Hall Road/Alta Road.

Irving/Turner move to approve. Motion passes 10-1 (Sandberg). No discussion.

ITEM NO. 6 Communication from the City Manager and Director of Planning and Growth Management Requesting Approval of a RESOLUTION Supporting the PEORIA PROMISE NEIGHBORHOOD INITIATIVE.

Gulley/Riggenbach move to approve. Short explanation by Gulley; passes unanimously.

ITEM NO. 7 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 ADDITION of ONE BUILDING INSPECTOR POSITION.

Gulley/Turner move to approve. Passes unanimously; no discussion.

ITEM NO 8 Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission and Staff to Adopt an ORDINANCE Granting a SPECIAL USE in a Class C2 (Large Scale Commercial) District for a PRIVATE SCHOOL for the Property Located at 1620 W. WAR MEMORIAL DRIVE, which Includes Parcel ID Nos. 14-29-152-024, 14-29-152-025, and 14-29-152-026, with Conditions.

Van Auken/Gulley move to approve. This is for Rasmussen College; Van Auken gives a short description. Passes unanimously.

ITEM NO. 9 Communication from the City Manager and Director of Planning and Growth Management with Recommendation from the Zoning Commission to APPROVE, or Recommendation from Staff to DENY an ORDINANCE Amending APPENDIX B of the Code of the City of Peoria, and an ORDINANCE Amending APPENDIX C of the Code of the City of Peoria Relating to OFF-PREMISE SIGN EXTENSIONS.

Van Auken/Irving move to remand this to an ad hoc committee being put together to look at changes to the sign ordinance. Passes unanimously.

ITEM NO. 10 Communication from the City Manager and Chief of Police Requesting to Receive and File the CRIME CAMERA STATUS REPORT. (Refer to Item No. 10-165)

Police Chief Steve Settingsgaard gives a brief verbal update; you can read the summary by clicking here. Spain/Riggenbach move to receive and file; passes unanimously.

ITEM NO. 11 PRESENTATIONS by City Employees Representing BARGAINING UNITS and PENSION FUNDS Concerning the FIRE PENSION FUND, POLICE PENSION FUND, and the ILLINOIS MUNICIPAL RETIREMENT FUND (IMRF).

Police Benevolent is not speaking about the Police Pension Fund. However, a 12-page handout was distributed titled “Illinois Municipal Retirement Fund in Perspective” and Marvin R. Shoop, Jr., spoke in defense of the fund. [Sports update: Sixth inning in both games; Nats 2, Cubs 1; Braves 2, Cards 1] Mr. Shoop is going on seven minutes for his presentation. Tony Ardis spoke next about the Fire Pension Fund in response to criticisms of IMRF by the Illinois Municipal League (IML). Tony Ardis is Mayor Ardis’s brother and sounds exactly like him. Spain/Van Auken move to receive and file; passes unanimously. Sandberg left during these presentations.

UNFINISHED BUSINESS

(10-025) Communication from the City Manager and Corporation Counsel Requesting Approval to Authorize the City Manager to Execute an AGREEMENT with COMCAST to EXTEND the Current CABLE FRANCHISE AGREEMENT until JULY 31, 2010. (Refer to Item No. 09-111)

Turner/Spain move to approve. Jacob wants to know if the continuance of City Council coverage could be included in the agreement. Ray says the Cable Act doesn’t allow the municipality to mandate coverage of the City Council. That service is bid out separately. Spears wants to know what the best government entity is to complain to when they have bad cable service. Ray answers: the FCC, although it’s difficult to do, so most people complain to the City instead. Motion passes unanimously.

(10-068) 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 (3) YEARS, Effective January 1, 2011, through December 31, 2013.

Jacob/Spain move to defer; passes unanimously. No discussion.

NEW BUSINESS

• Riggenbach announces groundbreaking of new location for Family House. Also gives accolades to Dale Hansen for the work he’s done restoring a house on Orange street, and also fixing up his own house.
• Gulley praised the work done at the Boys and Girls Club recently.
• Ardis reminded the public the Annual Worker’s Memorial Walk is tomorrow.

CITIZEN REQUESTS TO ADDRESS THE COUNCIL

• Terry Knapp — Wanted to provide more information to the council about Paul Vallas, who was originally scheduled to be at the education symposium last week, but was replaced with another speaker. Knapp is critical of Vallas and his educational reform policies. Also was critical of new D150 Superintendent Lathan. Ardis states afterward that the council will no longer entertain personal attacks by name from this point forward.
• Savino Sierra — General comments. [Sports update: Cards 5, Braves 4 in the 7th; Nats 3, Cubs 1 in the 8th.] Says the cost of security for visiting dignitaries should be reimbursed to the City. Other general comments made about school district.

EXECUTIVE SESSION

ADJOURNMENT

That’s it. I ordered a pizza online, so I’m off to pick it up on my way home. The council will have to stay here and enjoy an executive session. Heh. Motion to adjourn passes 9-1 (Spears votes no for a joke) at 9:24 p.m.

Goodnight everyone!