Hello, and welcome to Peoria City Hall, Council Chambers. I got here a little late, so the council is already in session. Here’s the agenda for this evening:

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

ITEM NO. 1 Communication from the Town Supervisor Requesting Approval of an INTERGOVERNMENTAL AGREEMENT Between the City of Peoria and the Town of the City of Peoria to LEASE SPACE for a Portion of 205 S.W. ADAMS STREET.

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. NOTICE of LAWSUIT Filed on Behalf of WILLIAM T. REDD, JR. Regarding a Complaint Against Freddie E. Wright, Sr. and the City of Peoria Pertaining to Personal Injuries from an Accident on February 8, 2010, Involving a City Snowplow, with Recommendation to Receive for Information and Refer to the Legal Department.

B. TAG DAY REQUEST from the SOUTH-WEST KIWANIS CLUB OF PEORIA to Hold Their ANNUAL PEANUT DAY FUNDRAISER to Help Peoria Area Children on SEPTEMBER 28, 29, and 30, 2011. (Dates are Open.)

C. Communication from the Interim City Manager and Director of Public Works Requesting Acceptance of the ILLINOIS STATE BID of PRAIRIE ARCHWAY INTERNATIONAL in Normal, Illinois, in an Amount Not to Exceed $391,173.00, for the PURCHASE of THREE (3) DUMP TRUCKS (Fully Equipped with Dump Box, Snow Plow, and Salt Spreader).

D. Communication from the Interim City Manager and Director of Public Works Requesting Approval for the PURCHASE of SEVEN (7) CHEVY IMPALA POLICE VEHICLES for Routine Fleet Replacement, in the Amount of $142,682.00, from GREEN CHEVROLET and DODGE in Springfield, Illinois, One (1) CHEVY TAHOE from MILES CHEVROLET, INC., in Decatur, Illinois, in the Amount of $32,768.00, and One (1) Additional CHEVY TAHOE from MILES CHEVROLET, INC., in the Amount of $32,768.00 as a K-9 Vehicle in SID, all Purchased Through the State of Illinois Contract Bid Process.

E. Communication from the Interim City Manager and Director of Planning and Growth Management Requesting Approval of the ALLOCATION of a FEDERAL HUD ECONOMIC DEVELOPMENT INITIATIVE GRANT for CRITICAL PUBLIC INFRASTRUCTURE IMPROVEMENTS, in the Amount of $120,000.00, in the GLEN OAK SCHOOL NEIGHBORHOOD IMPACT ZONE and $123,500.00 in the HARRISON SCHOOL NEIGHBORHOOD IMPACT ZONE.

F. Communication from the Interim City Manager Requesting Approval to RENEW the BUSINESS DEVELOPMENT LOAN for LAGRON-MILLER for FIVE YEARS and to Authorize the City Manager to Execute the Necessary Documents.

G. Communication from the Interim City Manager and Director of Public Works Requesting Approval of an ADDENDUM AGREEMENT, Amending Agreement No. 10-133B, with the ILLINOIS DEPARTMENT OF TRANSPORTATION for the Funding of the CONSTRUCTION of ORANGE PRAIRIE ROAD from AMERICAN PRAIRIE ROAD to ALTA ROAD.

H. Communication from the Interim City Manager and Corporation Counsel Requesting Approval of an INTERGOVERNMENTAL AGREEMENT with the TOWN OF THE CITY OF PEORIA Regarding LEASE of 205 S.W. ADAMS STREET, and to Authorize the City Manager to Execute the Document.

I. Communication from the Interim City Manager and Director of Public Works Requesting Approval of VARIOUS CONTRACTS for CITY TREE SERVICES, MOWING SERVICE for CITY LOTS and RIGHTS-OF-WAY and BOULEVARDS, and Adjustment of the Scope of Work in the RIVERFRONT MAINTENANCE CONTRACT.

J. Communication from the Interim City Manager and Fire Chief Requesting Adoption of an ORDINANCE Amending CHAPTER 11 of the Code of the City of Peoria Pertaining to CERTAIN FEES Including Non-Resident Vehicle Fires, Non-Resident Vehicle Extrication, Non-Emergency Boat Towing, Non-Resident Boat Rescue, Automatic Fire-Extinguishing Systems, Commercial Fire Suppression Hood System Permits, Fire Alarm and Detection Systems, and Related Equipment as Outlined.

K. Communication from the Interim City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Abating the Tax Heretofore Levied to Pay Principal of and Interest on GENERAL OBLIGATION CORPORATE PURPOSE BONDS, of the City of Peoria, 1998 SERIES C, 2002 SERIES A & B, 2003 SERIES A, 2004 SERIES B & C, 2005 SERIES A & B, 2007 SERIES A, 2009 SERIES A, AND 2010 SERIES A, B, C & D.

L. Communication from the Interim City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Abating the Tax Heretofore Levied to Pay SPECIAL SERVICE AREA TAXES on the RIVERWEST NEIGHBORHOOD (Formerly the Colonel John Warner Homes Development).

M. Communication from the Interim City Manager and Corporation Counsel Recommending Adoption of an ORDINANCE Amending CHAPTER 31, SCHEDULE A, PROHIBITING the USE of GROUNDWATER as a POTABLE WATER SUPPLY by the Installation or Use of Potable Water Supply Wells or by Any Other Method.

N. Communication from the Interim City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Amending the City of Peoria Budget for Fiscal Year 2011 Relating to the STATE and LOCAL AUTO THEFT ENFORCEMENT (S.L.A.T.E.) PROGRAM FUNDS, in the Amount of $400,784.00.

O. Communication from the Interim City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Amending the City of Peoria Budget for Fiscal Year 2011 Relating to POLICE TOBACCO ENFORCEMENT GRANT, in the Amount of $13,860.00.

P. Communication from the Interim City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Amending the City of Peoria Budget for Fiscal Year 2011 Relating to the DEPARTMENT of HOUSING and URBAN DEVELOPMENT (HUD) ECONOMIC DEVELOPMENT INITIATIVES (EDI) SPECIAL PROJECT GRANT, in the Amount of $243,500.00.

Q. Communication from the Interim City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Amending the City of Peoria Budget for Fiscal Year 2011 Relating to the OUTSTANDING ENCUMBRANCES as of DECEMBER 31, 2010, in the Amount of $5,648,616.00.

R. Communication from the Interim City Manager with Request to Receive and File the MINUTES and Supporting Documents from the JOINT REVIEW BOARD (JRB) MEETING Held on JANUARY 31, 2011, Regarding the Proposed EAST VILLAGE GROWTH CELL (EVGC) TIF REDEVELOPMENT PROJECT AREA ELGIBILITY.

S. Communication from the Interim City Manager and Corporation Counsel Requesting Approval of the DATES for SCHEDULED EVENTS Sponsored by PEORIA AREA COMMUNITY EVENTS, INC. (P.A.C.E.), Subject to Their Filing the Necessary Permits and Approval as Required by the City Code, as Follows: Steamboat Festival at Riverfront Festival Park on June 16 through 18, 2011; Taste of Peoria at Riverfront Festival Park on August 10, 2011, (Rain Date – August 11, 2011); and Labor Day Picnic at Riverfront Festival Park on September 5, 2011.

T. APPOINTMENT by Mayor Jim Ardis to the TRAFFIC COMMISSION, with Request to Concur:

Michael Vespa (Voting) – Term Expires 6/30/2012

U. REPORT of the CITY TREASURER, PATRICK A. NICHTING, for the MONTH of DECEMBER 2010, with Request to Receive and File.

Irving removed items (C) and (G). Turner removed items (I) and (J). Sandberg removed item (R). All other items on the consent agenda passed unanimously.

• Item C — The council members do not trust the information in the council communication from the Public Works department. I’m not a mechanic, but apparently some of the information betrayed either poor communication skills or lack of knowledge as to how an engine works. To make matters worse, the request is coming with time urgency because they’re trying to buy it under a state contract; if the item is deferred, they’ll lose out on this price for getting it through the state. Ironically, the reason it wasn’t brought forward at the last meeting, according to the City Manager, was so staff could provide “more information” to the council. The council is willing to forgo the state bid price in order to get more accurate information and emphasize to staff the need to bring things to the council in a timely basis and not count on it being passed because they brought it at the last minute. Montelongo moves to approve; seconded by Turner. Failed 4-6 (Montelongo, Spain, Gulley, Turner voting in favor). Spain/Irving move to defer; motion passes unanimously.
• Item G — Irving moves for deferral, seconded by Sandberg; passes unanimously.
• Item I — Is the company willing to pay prevailing wage? Answer from David Barber (Public Works Director): Yes, “when appropriate,” whatever that means. Motion to approve by Turner, seconded by Van Auken. Van Auken thinks this is “too good to be true” — how can someone from Minneapolis come in and do this job cheaper than local contractors and follow all the rules? Sandberg asks Barber if we verify the job has been done or if we take the contractor at his word. Answer: Yes, we monitor the contracts and verify the work is done before invoices are processed for payment. Motion passes unanimously.
• Item J — Turner asks if we’re collecting existing fees. Answer from Fire Chief Tomblin: Yes. He explains the process of collecting those fees. Turner/Van Auken moves to approve. Sandberg objects to fee increases 5, 6, and 7. He says these fee increases are hard on small businesses. He believes the fees are excessive, especially considering these are all required fire suppression mechanisms, and the fees are annual. Montelongo agrees with Sandberg. Sandberg moves to divide the question, seconded by Montelongo; passes unanimously. Sandberg moves to approve section 1, seconded by Montelongo; passes unanimously. Van Auken moves to approve section 2, seconded by Spain; motion fails 5-5 (Ardis, Sandberg, Montelongo, Spears, Riggenbach voting no).
• Item R — Sandberg criticizes the staff for not catching the fact that the public member of the Joint Review Board did not meet the legal requirements; also says the process is being rushed. Riggenbach defends staff, saying everyone makes mistakes. He also says they’re not rushing the process. “The public is having its chance to be heard,” he said. Riggenbach/Gulley move to approve; passes 9-1 (Sandberg).

ITEM NO. 2 Communication from the Interim City Manager and Director of Public Works Requesting Approval of the Following Regarding the PENNSYLVANIA AVENUE IMPROVEMENT PROJECT: (Amends Item No. 06-347)

A. AMENDMENT #3 to PRELIMINARY ENGINEERING SERVICES AGREEMENT with CLARK DIETZ, INC. to DIVIDE the CONSTRUCTION PLANS into Two Construction Sections, in an Amount Not to Exceed of $42,000.00 (for a New Total Not to Exceed contract Amount of $351,315.00);

B. SUPPLEMENTAL MFT RESOLUTION, in the Amount of $470,500.00, for the PROJECT COSTS Including PRELIMINARY ENGINEERING, RIGHT OF WAY ACQUISITION COSTS and IN-HOUSE ENGINEERING COSTS; and

C. APPROVAL of a Not to Exceed Amount of $228,500.00 for RIGHT OF WAY VALUATIONS and ACQUISITION COSTS.

• Riggenbach moves to approve item A; seconded by Turner; motion passes unanimously. No discussion.
• Riggenbach/Van Auken move to approve item B. Passes uninmously. Little discussion.
• Riggenbach/Turner move to approve item C. Sandberg asks if this will be a blank check to purchase property, or if any items over $10,000 have to come before the Council. Answer from Barber: blank check, unless the Council directs otherwise. Friendly amendment accepted requiring items over $10,000 to come before the Council for approval. Motion passes unanimously.

ITEM NO. 3 Communication from the Interim City Manager and Corporation Counsel Requesting Approval of the CITY MANAGER AGREEMETN with F. PATRICK URICH, and Requesting Authorization for the Mayor to Execute the Agreement.

Van Auken/Riggenbach move to approve. Sandberg notes that this contract increases severance from six months to nine months from what it was under our previous city manager. Former city manager Randy Oliver got 12 months severance, and after that we moved to reduce the severance. Now we’re expanding it again. Why, when we’re concerned about finances? Van Auken says managers are not “fungible.” The current candidate is a more competent administrator than the last one. She also suspects this might be “a little low” for severance among city managers. Sandberg counters that the candidate has no experience as a city manager; he’s been a county administrator, which has different responsibilities.

Next, Sandberg asks, “what is the incentive pay plan” that we’re buying into? Ardis says “there isn’t anything defined yet.” “Those will be determined after we have a goal-determining session.” And we “may or may not” have an incentive plan. Sandberg clarifies that any incentive pay plan, if an agreement is reached with the city manager in the future, will come back before the council for approval; no side agreements.

Sandberg then mentions that we took all travel and education out of the budget for the rest of city departments, but we’re locking travel and education into the city manager’s contract. Also questions why we’re giving this candidate IMRF, Social Security, and a deferred compensation plan.

Ardis says this contract is not extravagant. He also thinks that Urich’s ten years as county administrator should be given more credence. He says Sandberg has no experience as a city manager and asked to be city manager in executive session. “You get what you pay for,” Ardis says, and this contract is not unreasonable. He says he doesn’t agree with any of Sandberg’s opinion on this item.

Motion passes 9-1 (Sandberg).

ITEM NO. 4 Communication from the Interim City Manager and Director of Planning and Growth Management with Recommendation from the Planning Commission to Adopt an ORDINANCE Approving a WAIVER for LOT NO. 9 of FIELDS CROSSING SUBDIVISION (10808 N. GLENFIELD DRIVE) Establishing an ALTERNATIVE STREAM BUFFER AREA.

Irving/Turner move to approve. No discussion. Motion passes 9-1 (Sandberg).

ITEM NO. 5 Communication from the Interim City Manager and Director of Planning and Growth Management Requesting Concurrence With EITHER the Recommendation from the Zoning Commission to Adopt ORDINANCE “A” OR with the Recommendation from the Staff to Adopt ORDINANCE “B” Granting a SPECIAL USE in a Class 13 (General Industrial) District for a NEW RECYCLING FACILITY and INCLUDING EXISTING CONDITIONS and DEVELOPMENTS, Which Include But are Not Limited to WOOD CHIPPING and MUNICIPAL PUBLIC WORKS SERVICES for Property Located at the NORTHWEST CORNER of DARST STREET and WEST CLARK STREET, with Conditions.

Gulley moves to concur with Zoning Commission’s recommendation to adopt Ordinance A; seconded by Van Auken. Brief presentation introduced by attorney Bob Hall. Rich Guerard — another attorney representing Southwind Ras Recycling Center — is giving the presentation. “RAS” stands for “recycling asphalt shingles.” Talks about how this recycling is good for the environment and is IEPA-approved. He furthermore explains the process of how the shingles are recycled.

Gulley says he’s excited about this new business. Sandberg says the difference between A and B was if and when they pave the parking lot. Staff’s recommendation (ordinance B) was to pave it immediately. The Zoning Commission’s recommendation (ordinance A) is to pave it later based on certain conditions. Sandberg asks how the Zoning Commission’s recommendation fits with the next item, which has to do with the lease agreement. Guerard said they will pave the parking lot after the third year. Motion passes unanimously.

ITEM NO. 6 Communication from the Interim City Manager and Director of Public Works Requesting Approval of a LEASE with SOUTHWIND RAS, LCC for Use of a Portion of the City-Owned Property on DARST STREET for the OPERATION of an ASPHALT SHINGLE RECYCLING FACILITY.

Gulley/Turner move to approve; passes unanimously. No discussion.

UNFINISHED BUSINESS

(10-057) Communication from the Interim City Manager and Director of Planning and Growth Management Requesting Concurrence with EITHER the Recommendation from the Historic Preservation Commission (HPC) to Adopt ORDINANCE “A” OR with the Recommendation from Staff to Adopt ORDINANCE “B” Amending CHAPTER 16 of the Code of the City of Peoria Related to the HISTORIC LANDMARK DESIGNATION PROCESS and APPEALS or Other Actions as the Council May Deem Appropriate. (New Communication and New Ordinance)

Van Auken moves to approve Ordinance B; seconded by Gulley. Van Auken now lists the changes that are being proposed (and the changes being rejected). The floor is opened for comments from any citizens who would like to address the council on this matter.

• Attorney Bob Hall — He apparently lives in Commerce Bank, based on his address. Says he wants the council appeal to require a majority vote, not a super-majority. Van Auken says it’s a simple majority. Hall says he supports everything except one item: owner consent. The motion makes “owner consent” only one criteria. He would like to see the owner’s consent be required. He also thinks the establishment of a historic district should require 2/3 of property owners in that district. And he thinks churches and religious groups should be exempt regardless. “Landmark designation is a powerful, powerful restriction,” he says. “It is tantamount to a taking of one’s property.” Yet he says he supports historic preservation. He argues strenuously for owner’s consent. “The threat of historic preservation without owner’s consent is a disincentive toward innercity development.”
• Robert Powers — Chair of the Historic Preservation Commission. Asks council to approve the motion on the floor as written. Also defends the owner’s consent criterion as written.
• Mark Walton — Also lives in the Commerce Bank building. He’s speaking in regards to churches and historic preservation. Asks how the council will balance church’s first-amendment interests with the community’s historic preservation interests. Speaks in favor of exempting churches.
• Jim Bateman — President of Central Illinois Landmarks Foundation. Lives in Chillicothe. Presents stack of petitions signed by over 500 citizens supporting the motion on the floor. Lists a lot of success stories of buildings that were saved because owner’s consent was not required. These are all beautiful landmarks in our city that have been kept up through adaptive reuse — for example, the Musician’s Hall that is now the home of Busey Bank. “We can’t assume that every owner is going to do the right thing,” he concludes to a smattering of applause.
• Mike Jahowski (sp?) — lives in Peoria and is Senior Vice President for OSF St. Francis Medical Center. They have 2.1 million square feet, most of which is older buildings. Their concern is that, going forward, these buildings can be landmarked, “which would impede our authority to maintain those buildings” in such a way that they can continue to provide excellent medical care. He strongly requests owner consent.
• Brian Meginness — lives in Peoria and agrees with Bob Hall. He’s representing OSF and the Catholic Diocese. Says he supports everything in the motion on the floor except for owner consent. Mentions that several Catholic churches are on the list of potential buildings to be landmarked, as well as other properties owned by the Catholic Diocese and OSF. “We take care of our structures. We take care of our churches. And we do not want to have our [properties] subject to the jurisdiction of the Historic Preservation Commission. Period.” He gets applause from the other side of the room as he finishes.

That’s it for public comment. Van Auken thanks Robert Powers for all his work on the Commission and the ad hoc committee. Van Auken says “everybody is subject to land use laws,” and she disagrees (gasp!) with Bob Hall. I’m pleasantly surprised to hear her take him on. The HPC is “a walk in the park” compared to going before the Liquor Commission.” Having only one criterion (owner consent) doesn’t work. She gives the example of the Frank Lloyd Wright house — do we want to leave that up to the owner of the house to determine if it can be torn down? “We can’t give owners total veto power,” she concludes.

Councilman Turner moves to amend the motion to make owner consent the sole criterion for historic designation; seconded by Montelongo. Spain says he will not support the amendment. Sandberg contrasts the terms of “owner” and “caretaker.” He contends that owners of buildings are really caretakers taking care of these properties and passing them down to the next generation. Sandberg’s comments are applauded.

Ardis is voting for the amendment, and speaks in favor of it. Gulley appears to be leaning toward requiring owner consent at least for religious institutions, and has some additional questions. Riggenbach says “if I’m gonna err, I want to err on the side of the property owner.” So, apparently it looks like Riggenbach will be erring and supporting the amendment.

Amendment passes 7-3 (Sandberg, Spain, Van Auken voting nay). And with that, the historic preservation ordinance is eviscerated.

Sandberg asks if the ordinance as amended will be acceptable to the State of Illinois, or if we’ll lose local control. Planning and Growth Director Pat Landes answers saying that to the best of her knowledge, we will not lose local control. She reads the state requirements, which the new ordinance would appear to fulfill.

Amended motion passes 8-2 (Sandberg, Van Auken).

Spain moves to receive petitions from Mr. Bateman. Approved by unanimous consent.

(11-035) Communication from the Interim City Manager and Police Chief Requesting Approval for a TWO-YEAR CONTRACT with HARRIS S. UNIFORMS for COMMISSIONED PERSONNEL and SIPCO/IDENTITY APPAREL for CIVILIAN PERSONNEL and PARKING ENFORCEMENT, in the Amount of $100,000.00 for Each Year.

Gulley/Montelongo move to defer to next meeting; passes unanimously. No discussion.

NEW BUSINESS

Riggenbach commends David Barber and the Public Works Department for their snow removal job.

Ardis asks for a motion to ask the Historic Preservation Commission for ideas to incentivize property owners to submit their historic properties for preservation. So moved by Montelongo/Spain. Motion passes unanimously. Ardis makes other miscellaneous announcements.

CITIZENS’ OPPORTUNITY TO ADDRESS THE CITY COUNCIL/TOWN BOARD

Savino Sierra addresses the council, as usual. He sounds a little under the weather. He criticizes Public Works for doing a bad job clearing the snow.

Frederick Smith, who has written a report for this blog (see next post), speaks about the East Village Growth Cell TIF. He wants to know how the TIF funds will be used. “A plan needs to be in place,” he says, for how those funds will be used. In particular, he’s concerned that these funds will be used to bail out the failed MidTown Plaza.

EXECUTIVE SESSION

ADJOURNMENT

No executive session tonight. Adjourned. Goodnight, everyone! If you’d like to hang out with Billy Dennis and me tonight, come on out to Whitey’s on Sheridan. It’s time for pizza.