Hello everyone. It’s 6:00 and I’m here in Council chambers at Peoria City Hall. The meeting is scheduled to start at 6:15 with several proclamations. As usual, I will start live coverage once the business portion of the meeting begins. Then, refresh your browser every so often to see the latest updates; I’ll be updating this post frequently.

The place is already getting crowded. Lots of union workers have pledged to be here tonight to support the Wonderful Development. Council members are trickling in, and the City Manager is at his desk and ready to go.

All the council members are here — Gulley was a little late, but now that he’s here, we have a full council. Gary Matthews is in the audience, as well as some other investors in the hotel project.

Here’s tonight’s agenda:

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 KATHRINE BURWELL and KEITH BURWELL Regarding a Claim that the City Violated the Illinois Public Employee Disability Act, with Request to Receive for Information and Refer to the Legal Department.

B. TAG DAY REQUEST from the LIONS CLUB OF PEORIA to Hold Their ANNUAL CANDY DAY on FRIDAY, OCTOBER 7, 2011, to Accept Donations to Raise Funds to Help the Blind, Visually Impaired, Deaf, and Hearing Impaired.? (Date is Open.)

C. Communication from the City Manager and Finance Director/Comptroller Requesting Authorization for the Administration to Hold an AUCTION in Conjunction with the COUNTY of PEORIA to be Held at the CITY OF PEORIA OPERATIONS AND MAINTENANCE FACILITY on Dries Lane on SATURDAY, SEPTEMBER 24, 2011.

D. Communication from the City Manager and Director of Public Works with Request to Award a CONTRACT to the LOWEST RESPONSIBLE BIDDER, KREILING ROOFING COMPANY, in the Amount of $85,725.00, for FIRE HOUSE #10 ROOF REPAIRS.

E. Communication from the City Manager and Director of Public Works with the following Recommendations:

1. Adopt an ORDINANCE Amending the CITY OF PEORIA BUDGET for FISCAL YEAR 2011 Relating to the Use of Downtown Tax Increment Financing (TIF) Funds, in the Amount of $118,118.00, for the Niagara Parking Deck Repairs and Expansion Joints Cost;

2. Award a CONTRACT to the LOWEST RESPONSIVE and RESPONSIBLE BIDDER, TRUESDELL CORPORATION of WISCONSIN, INC., in the Amount of $118,118.00, for the Repair of Various Items within the NIAGARA PARKING DECK.

F. Communication from the City Manager and Director of Public Works with Request to Award the CONTRACT to the LOWEST RESPONSIVE BIDDER, R. A. CULLINAN & SON, INC., in the Amount of $74,230.50 with Authorization up to $89,076.60 (Additional 20% for additional patching) to Complete a Portion of the ANNUAL BITUMINOUS PATCHING PROGRAM.

G. Communication from the City Manager and Director of Information Systems Requesting Approval of a SOLE SOURCE PURCHASE of a STORAGE AREA NETWORK (SAN) UPGRADE, in the Amount of $38,650.00 from XIOTECH CORPORATION.

H. Communication from the City Manager and Director of Information Systems Requesting Approval of the PURCHASE of HP PERSONAL COMPUTERS from PTC SELECT, in the Amount of $77,400.00, and LAPTOPS from DELL MARKETING, L.P., in the Amount of $14,100.00, as Part of the ANNUAL INFORMATION TECHNOLOGY REFRESHMENT PLAN.

I. Communication from the City Manager and Director of Planning and Growth Management Requesting Approval of $320,000.00 in HOME FUNDS to HAND UP DEVELOPMENT CORPORATION CHDO for the Construction of FOUR (4) NEW, AFFORDABLE, SINGLE-FAMILY, OWNER-OCCUPIED HOMES Located at 1700 N. E. MADISON; 2118 N. BOURLAND; 903 E. NEBRASKA; and 3411 W. GRIMSON AVENUE.

J. Communication from the City Manager and Corporation Counsel Requesting Authorization of the SETTLEMENT of the LAWSUIT EARP V. BUSS and CITY OF PEORIA, CASE NO. 09-1136, in the United States District Court of the Central District of Illinois, in the Amount of $65,000.00.

K. Communication from the City Manager and Risk and Safety Manager Requesting Authorization for the City Manager to Enter into an AGREEMENT with MESIROW INSURANCE SERVICES, INC. as the LOW BIDDER for PROPERTY and CONTENTS INSURANCE, at a Cost of $70,755.00.

L. Communication from the City Manager and Director of Public Works Requesting Adoption of an ORDINANCE Amending CHAPTER 26 of the Code of the City of Peoria CHANGING SECTIONS 26-293 (3) and (5) to Maintain a Six Foot Accessible Pedestrian Route and Removing Corner Proximity Restrictions When Permitting a Vestibule, Newsstand, or Sidewalk Cafe. (Refer to Item No. 11-179)

M. Communication from the City Manager and Corporation Counsel Requesting Adoption of an ORDINANCE Amending CHAPTER 31, SCHEDULE A, of the Code of the City of Peoria 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 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 for $6,710.00 and M. Landwirth Donation to the Peoria Municipal Band, in the Amount of $300.00.

O. Communication from the City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Amending the CITY OF PEORIA BUDGET for FISCAL YEAR 2011 Relating to the Library Grants, Gifts, and Memorials, in the Amount of $86,047.00, and Use of Capital Development Funds, in the Amount of $843,950.00.

P. Communication from the City Manager Requesting Adoption of an ORDINANCE Amending the HOSPITALITY IMPROVEMENT ZONE (HIZ) BUSINESS DEVELOPMENT DISTRICT (BDD) REDEVELOPMENT PLAN Calling for the EXPANSION of the DISTRICT’S BOUNDARY to INCLUDE STAYBRIDGE SUITES.

Q. Communication from the City Manager Requesting Approval of the RENEWAL of the BUSINESS DEVELOPMENT LOAN for DOEHERMANN, INC. (d/b/a Tim’s Ace Hardware), in the Amount of $76,527.23, and Requesting Authorization for the City Manager to Execute the Necessary Documents.

R. Communication from the City Manager Requesting Approval of a HOSPITALITY IMPROVEMENT ZONE (HIZ) BUSINESS DEVELOPMENT DISTRICT (BDD) BUSINESS IMPROVEMENT PROGRAM PROJECT for the GREATER PEORIA AREA AMVETS POST 64 Totaling $50,925.00.

S. Communication from the City Manager and Director of Planning and Growth Management Regarding the JANUARY 1 through JUNE 30, 2011 PROGRESS REPORT for the GLEN OAK SCHOOL NEIGHBORHOOD IMPACT ZONE, as Required Semi-Annually by Ordinance No. 16,461, with Request to Receive and File the Report.

T. REPORT of the CITY TREASURER PATRICK A. NICHTING for the Month of JULY 2011, with Request to Receive and File.

The following items were removed from the consent agenda by the council member indicated: P & R (Sandberg). All other items were passed unanimously.

• Item P– Sandberg questions the description of the Staybridge property as “blighted.” He says, if we tore down Southtown and built a brand new hotel 12 years ago, and now it’s blighted again already, then we’ve failed. He also questions why we’re doubling the budget for the Hospitality Improvement Zone area when all the added money is not accounted for. Gulley moves to approve, and asks Bobby Gray why this is described as “blighted.” Gray says the parking lot is blighted due to deterioration of the parking lot, and there is some damage to the structure, so it qualifies as “blighted” under the statute. Gulley defends the description. Motion passes 10-1 (Sandberg).
• Item R– Sandberg asks how many years it will take to pay this back at current revenue levels. Answer: about 20 years. Sandberg asks if this obligation requires the entire BDD to stay in place for the next 20 years. Randy Ray says it does not commit the City to keep the BDD. Sandberg moves to approve, seconded by Gulley. Motion passes unanimously.

The council decides to defer Item 9 until the end of the meeting. In other words, they’ll do Unfinished Business first, then come back and discuss Item 9, which is the hotel deal cancellation.

ITEM NO. 2 Communication from the City Manager and Patient Advocate/HealthCare Administrator Requesting Approval of the Following:

A. Authorization for the City Manager to Enter into an AGREEMENT Between the City of Peoria and ALL EMPLOYEE BARGAINING UNITS to EXTEND the JOINT LABOR/MANAGEMENT HEALTH CARE COMMITTEE (LMHCC) for THREE (3) YEARS, Effective January 1, 2012, through December 31, 2014;

Contingent upon the Approval of the LMHCC Extension, Request to Approve the 2012 HEALTH CARE PLAN DESIGN CHANGES for ACTIVE EMPLOYEES and RETIREES of the City, as Outlined, to become Effective 1/1/2012;

B. Requesting Authorization for the City Manager to RENEW the CONTRACT with HUMANA INSURANCE COMPANY, for a ONE-YEAR TIME PERIOD from 1/1/2012 through 12/31/2012 (with an Option to Renew for an Additional One-Year Period), to ADMINISTER the CITY’S MEDICAL AND DENTAL INSURANCE BENEFITS, to Include Administering the City’s Networks for Hospitals and Physicians, the RX Benefits of the City’s High Deductible Plan, and the Medicare Advantage Program for the City’s Post-65 Retirees.

Spain summarizes the recommendation and thanks the health care committee that came up with it. He moves to approve Item A. Van Auken and the Mayor praise Spain for his work on the committee. Sandberg clarifies that retirees’ premiums will go down. Motion passes unanimously.

Spain now moves to approve Item B, seconded by Riggenbach. No discussion. Passes unanimously.

ITEM NO. 3 Communication from the City Manager and Director of Public Works Requesting Approval of a PROFESSIONAL SERVICES AGREEMENT with FARNSWORTH GROUP, in an Amount Not to Exceed $77,300.00 for ENGINEERING SERVICES for FLOOD STUDIES – Various Locations.

Van Auken moves to approve, seconded by Turner. Passes unanimously.

ITEM NO. 4 Communication from the City Manager and Director of Public Works Requesting Approval of an ADDENDUM AGREEMENT #2, which Amends 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 GRANGE HALL ROAD/ALTA LANE.

Irving moves to approve, seconded by Turner. Weaver is abstaining due to conflict/property in the area. No discussion. Passes unanimously.

ITEM NO. 5 Communication from the City Manager and Director of Public Works Requesting Approval of AMENDMENT #1 to the PROFESSIONAL SERVICES AGREEMENT with HANSON PROFESSIONAL SERVICES, INC., in an Amount Not to Exceed $741,865.00, for PHASE II ENGINEERING SERVICES for WASHINGTON STREET (US 24), Between HARRISON STREET and MAPLE STREET. (Amends Item No. 10-458)

Spain/Gulley move to approve. No discussion. Motion passes unanimously.

ITEM NO. 6 Communication from the City Manager and Director of Public Works Requesting Approval of an ADDENDUM AGREEMENT with the ILLINOIS DEPARTMENT of TRANSPORTATION (IDOT) for the FUNDING of WASHINGTON STREET from HAMILTON BOULEVARD to EDMUNDS STREET. (Amends Item No. 10-457)

Spain/Gulley move to approve. No discussion. Passes unanimously. Why didn’t they just put all these items on the consent agenda?

ITEM NO. 7 Communication from the City Manager and Director of Public Works Requesting Authorization for the Staff to Request REIMBURSEMENT from H.U.D. NEIGHBORHOOD INITIATIVE GRANT B-04-NI-IL-0006 for EXPENSES INCURRED with the WASHINGTON STREET STUDIES.

Spain/Gulley move to approve; no discussion. Passes unanimously. Again! Not that I’m complaining. I expect Item 9 to take a long time to discuss.

ITEM NO. 8 Communication from the City Manager and Corporation Counsel Recommending Adoption of an ORDINANCE Approving a REDEVELOPMENT AGREEMENT Between the City of Peoria and KLR HOLDINGS, LLC and Authorization for the City Manager to Execute the Necessary Documents (Floors 3 and 4 of 316 S. W. Washington Street).

Gulley/Turner move to approve. Ardis asks Urich to tell about this company. Urich says it’s a software development company in Morton that has decided to move to Peoria in the Maxam Building. They designed the simulators that will be going into the Caterpillar visitors center, so they wanted to be close to the museum block. But they were concerned about parking, because the parking is free in Morton. So the City bartered services — free parking for improving the City’s website. Sandberg asks if they can make finding the zoning code and other ordinances easier to find on the City’s website. Sandberg also asks about a previous agreement on the Maxam building. Answer from Randy Ray: it is null and void. Sandberg mentioned that it was null and void without any direct action by the City Council. Ray says because of their complete failure to perform is why the agreement is null and void. Heh heh. Motion passes unanimously.

ITEM NO. 9 Communication from the City Manager and Corporation Counsel with Request to RATIFY the CITY MANAGER’S CANCELLATION of the REDEVELOPMENT AGREEMENT Between the City of Peoria and EM PROPERTIES, LTD. Dated JUNE 2, 2010.

Deferred until after Unfinished Business

UNFINISHED BUSINESS

(11-235) Communication from the City Manager and Communications Manager Requesting Approval to Enter into a CONTRACT with BASTA MANGIARE of PEORIA (Located in Peoria Heights) and CHILDER’S CATERING of PEORIA, as Additional Exclusive Catering Service Businesses at the GATEWAY BUILDING. (New Communication)

Van Auken/Gulley move to approve. Irving says he will not be supporting it because, he says, the process was not followed, and he thinks the council should have supported what staff originally recommended. Sandberg isn’t going to support it because the process was flawed, and he thinks any caterer should be allowed to serve in the Gateway building. “We should start expecting different results by doing things differently,” he says. Spears says he agrees it’s a flawed system, but he thinks we should follow it this time, and change it for next time. Motion passes 8-3 (Ardis, Sandberg, Irving).

(11-283) Communication from the City Manager and Corporation Counsel Requesting Adoption of an ORDINANCE Amending CHAPTER 20 of the Code of the City of Peoria ADDING SECTION 20-111 Pertaining to POSSESSION of CANNABIS or DRUG PARAPHERNALIA.

Weaver/Van Auken move to table; no discussion. Passes 10-1 (Irving).

(11-347) Communication from the City Manager and Director of Public Works Requesting the Following:

A. REMOVE ITEM NO. 11-347 from the TABLE;

B. Receive and File the REPORT BACK Relating to the Award of a Contract to the Most Responsive and Responsible Bidder, Security Parking Systems, for Replacement of All Parking Access Revenue Control Equipment in the Four City-Owned Parking Decks, in an Amount Not to Exceed $347,061.86;

C. AWARD the CONTRACT to SECURITY PARKING SYSTEMS, in an Amount Not to Exceed $347,061.86, for REPLACEMENT of all PARKING ACCESS REVENUE CONTROL EQUIPMENT in the Four (4) City-Owned Parking Decks.

MOTION ON THE FLOOR: Substitute Motion to Award the Contract to Security Parking Systems for replacement of all parking access revenue control equipment in the four City-owned parking decks, in an amount not to exceed $347,061.86, as amended, to remove the portion relating to the installation of the car charging stations.

Item A moved by Spain/Riggenbach, passes unanimously.

Item B moved by Riggenbach/Turner, passes unanimously.

Item C — no one wants to move to approve. Spain says he won’t be supporting the motion because it still retains the personnel costs for downtown parking decks and this process is heading in the wrong direction. He says he’s disappointed that the motion came back to council without any changes. Spain wanted to go to an automated system like they have in other cities. Van Auken moves to approve for purposes of discussion, seconded by Gulley. Gulley agrees with Spain; asks Public Works Director Barber for comment. Barber says the savings of going to an automated system would not save that much money because you can’t get rid of personnel completely. You still need a person there for emergencies and to help people who don’t know how to use the automated system. Plus, the cost of the hardware is very expensive ($1.1 million). He says the bigger cities have bigger parking fees, so it would take us longer to pay back the cost of upgrading to an automated system.

Gulley says he supports this investment. The deck system is broken and needs to be fixed, the automated system Spain wants is too expensive and we can’t afford it. He asks the Council to support the motion.

Sandberg says a parking deck is not a basic service, and the entire community should not be expected to pay for parking and electric car charging downtown. Ardis clarifies that the motion takes the electric charging stations out.

Spears says he’s never seen any personnel at parking decks in Chicago, and private companies simply tow your car away if you don’t pay. He says he must go to the smart side of Chicago. He can’t support the motion.

Akeson says when she goes to Chicago, she does see personnel. This sparks an argument with Spears who gives several examples of parking decks in Chicago where there is no one supervising. Akeson suggests asking Barber to come back with a more thorough scenario and parking management strategy.

Ardis agrees with Akeson on coming up with a strategy and looking for a better solution than the one currently proposed, and he doesn’t think time is of the essence, so there’s time to look at other options. Recommends voting down the item.

Spain suggests looking to the 401 Water deck, which is fully automated now. He also suggests that downtown is not so large that personnel is needed at every deck in case of emergency. Makes substitute motion to deny, which passes unanimously. Motion is denied.

(11-348) Communication from the City Manager and Finance Director/Comptroller Requesting Approval for the City Manager to Enter into an AGREEMENT with GOOD ENERGY, L.P. to Provide PROFESSIONAL ENERGY CONSULTING SERVICES for the City of Peoria for the PROCUREMENT of ELECTRICITY for the City of Peoria Residential and Small Commercial Accounts Otherwise Known as an ELECTRICITY RESIDENTIAL OPT-OUT PROGRAM. (Replacement Communication)

[Unrelated personal note: the outlet by the front row in council chambers is non-functioning.]

Spears says this is a very serious decision, and he suggests that we not go with the same consultant, but go with a different one for the purposes of competition. Instead of tying to smaller communities (like Roanoke), he wants to tie to bigger cities (like Joliet) so that we can be a small fish in a bigger pond and reap the benefits of a larger economy of scale. He makes a substitute motion for Blue Star Energy, seconded by Van Auken.

Sandberg says the two consultants aren’t doing the same thing, so they’re not really increasing competition. [Another unrelated personal note: It’s hot in here! Can we crack a window or something?] Irving asks for Finance Director Scroggins’ point of view. He says he made his argument in the council communication, and he hasn’t changed his mind. Irving wants to go with Good Energy, as recommended, and gives his reasons for it. Among others, he thinks this is micromanaging the process. Van Auken and Riggenbach support the substitute motion.

Now Scroggins is on the hot seat. He’s getting grilled on how he made his decision to recommend Good Energy and against the other companies who bid. Weaver says he will vote “no.” He thinks we should go with the strongest bidder.

Spain now asks if we should defer this again. Urich says that would be fine, and we could even allow the bidders to come in for interviews where the council’s concerns can be answered, and then make a new staff recommendation. Spain makes a substitute motion to defer for four weeks. Sandberg says he has not found much to complain about in this process, and he’s not shy about complaining about city processes! So, he doesn’t like the idea of deferring this — to what end should it be deferred?

There’s some more general discussion. Spears thinks that the process is flawed because, he alleges, City staff predetermined they were going to go with Good Energy, so the fix was in. He supports the motion to defer, as does Weaver. Motion to defer passes 9-2 (Sandberg, Irving).

ITEM NO. 9 Communication from the City Manager and Corporation Counsel with Request to RATIFY the CITY MANAGER’S CANCELLATION of the REDEVELOPMENT AGREEMENT Between the City of Peoria and EM PROPERTIES, LTD. Dated JUNE 2, 2010.

And now, drum-roll please, the main event is about to begin. Will money fly out of our pockets yet again? The Council is going to go into executive session — the Open Meetings Act exception is “due to pending litigation.” Motion passes unanimously. They will return to finish the meeting afterwards. Please stand by….

They’ve been in executive session for more than an hour now and the people in the gallery are getting kind of restless. Still standing by….

I’m still here. The executive session started at 8:17. It is now 10:08. Still no sign of the council. I’m sure no one is reading this anymore, but I’m still here for you, darn it. Still standing by….

10:30 and council just reentered the chamber. Still about 30 people in the gallery and ALL the news media — even the TV stations.

All council members are back in chambers. No bruises are showing, and some of the members only look slightly disheveled. The clerk rereads the item.

Akeson moves to defer the item until September 27. Ardis says two weeks’ time to “fine tune this with the developer” to get this done can be achieved in the next two weeks and he “looks forward to that conversation with Mr. Matthews.”

Gulley says he’s going to vote for the deferral, but he doesn’t agree with it (?). Yes, that’s really what he said. He doesn’t agree with it, but he’s going to do it. Sandberg will vote against the motion to defer.

Motion passes 8-3 (Sandberg, Irving, Weaver).

No further unfinished business.

NEW BUSINESS

No new business.

CITIZENS’ OPPORTUNITY TO ADDRESS THE CITY COUNCIL/TOWN BOARD

Believe it or not, there are three citizens to address the council.

• Phyllis Pryde — Speaks to the hotel issue. Says the Pere Marquette “needs preserving” and “economic help.” Generally speaks in favor of the hotel deal, mainly because of the historic preservation side of things.
• Savino Sierra — You knew he would still be here, didn’t you? Yep, he is! Speaks in favor of hotel.

Other citizens have left.

EXECUTIVE SESSION

ADJOURNMENT

Adjourned at 10:43 p.m. Goodnight.ikoni