City council minutes released

Enjoy:

: OFFICIAL PROCEEDINGS:

: OF THE CITY OF PEORIA, ILLINOIS :

Council Chambers, Peoria, Illinois, February 7, 2006, a City Council Meeting was held this date at 6:20 P.M., at City Hall, Council Chambers, 419 Fulton Street, Mayor Jim Ardis presiding.

ROLL CALL
Roll call showed the following Council Members present: Gulley, Grayeb, Jacob, Manning, Morris, Nichting, Sandberg, Spears, Van Auken, Mayor Ardis – 10; Absent: Turner – 1.

INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Ardis requested a moment of silent prayer or silent reflection, and then Boy Scout Troop #88 from Northminister Presbyterian Church led the Pledge of Allegiance.

Mayor Ardis also welcomed members of Bradley University Public Affairs Reporting Class, instructed by Dr. Sharon Murphy, to the meeting.

MINUTES
Council Member Nichting moved to approve the minutes of the Regular City Council Meeting held on January 24, 2006, and Executive Sessions held on January 21 and 24, 2006, as printed; seconded by Council Member Grayeb.

Approved by roll call vote.

Yeas: Grayeb, Gulley, Jacob, Manning, Morris, Nichting, Sandberg, Spears,

Van Auken, Mayor Ardis – 10;

Nays: None.

PETITIONS, REMONSTRANCES & COMMUNICATIONS – CITY OF PEORIA

CONSIDERATION OF CONSENT AGENDA ITEMS BY OMNIBUS VOTE, for the City of

Peoria, with Recommendations as Outlined:

(06-043) NOTICE OF LAWSUIT on Behalf of HARRY HENDERSON Regarding the

City-County Landfill Committee’s Contract with RTC Corporation for Elimination of Methane Gas and the Conversion to Electricity, with Recommendation to Receive and File and Refer to the Legal Department.

(06-044) Communication from the City Manager and Police Chief Requesting

Approval of a SOLE SOURCE PURCHASE of 35 TASER UNITS and ASSOCIATED EQUIPMENT, Using Funds from the 2005 Edward Byrne Memorial Justice Assistance Grant and State Asset Forfeiture Funds from RAY O’HERRON, in the Amount of $38,974.20.

(06-045) Communication from the City Manager and Corporation Counsel

Requesting Authorization in the SETTLEMENT of O’RUSSA v. CITY OF PEORIA, in the Amount of $40,000.00, for ATTORNEY FEES and Agree to Adopt an ORDINANCE Providing for a REFUND OF INFRASTRUCTURE MAINTENANCE FEES PAID by WIRELESS TELECOMMUNICATIONS CUSTOMERS Other Than Those of US Cellular and Primeco, and Collected by the City of Peoria.

27356 CITY COUNCIL PROCEEDINGS FEBRUARY 7, 2006

(06-046) Communication from the City Manager and Corporation Counsel

Requesting Adoption of RESOLUTION NO. 06-046 in SUPPORT of the INTERCITY BUS STRATEGIC PLAN for ILLINOIS and MISSOURI.

(06-047) Communication from the City Manager Requesting Approval of

RESOLUTION NO. 06-047 Urging LEGISLATORS NOT TO PASS HOUSE BILL 4130 Regarding Shifting the Cost of Consolidated Primary Elections from Counties to Home Rule Municipalities.

(06-048) Communication from the City Manager and Finance Director/Comptroller

Requesting Approval of RESOLUTION NO. 06-047 Declaring OFFICIAL INTENT Regarding CERTAIN CAPITAL EXPENDITURES to be REIMBURSED from PROCEEDS of an OBLIGATION Backed Only by LIENS or ASSESSMENTS ON THE PROPERTIES INVOLVED.

(06-049) Communication from the City Manager and Finance Director/Comptroller Requesting Adoption of ORDINANCE NO. 15,881 Amending the BUDGET for Fiscal Year 2006 of the City of Peoria Relating to OUTSTANDING ENCUMBRANCES as of December 31, 2005.

(06-050) Communication from the City Manager and Director of Public Works

* Requesting Adoption of an ORDINANCE VACATING the PORTION of VAN BUREN STREET Adjacent to LOTS 15, 16, 17, and 18 of KNOTT’S and MASKER’S SUBDIVISION.

(06-051) Communication from the City Manager and Director of Planning and Growth Management Requesting Adoption of ORDINANCE NO. 15,882 Amending APPENDIX B of the Code of the City of Peoria Relating to Zoning for Various Text Adjustments Regarding a Streamlining Procedure for Zoning Certificates, Adding Language for Consistency with State of Illinois Requirements for Including Additional spaces for Certain Medical Facilities, and Amendments to Correct and Clarify Language.

(06-052) Communication from the City Manager and Director of Planning and

** Growth Management Recommending Adoption of an ORDINANCE Rezoning Property Located at 6518, 6526 and 6600 N. SHERIDAN ROAD from the Present Class C-1 (General Commercial) and Class R-3 (Single Family Residential) Districts to a Class C-2 (Large Scale Commercial) District.

(06-053) Communication from the City Manager and Director of Economic

*** Development Requesting Authorization to ACCEPT THE OFFER from SHERIDAN ROAD LUMBER to PURCHASE the City-Owned Properties at 6526 and 6518 N. SHERIDAN ROAD, in the Amount of $240,000.00, to Approve SHERIDAN ROAD LUMBER’S OFFER to BUY OUT the CELL TOWER LEASE, in the Amount of $45,000.00, and to Authorize the City Manager to Execute the Necessary Documents.

(06-054) Communication from the City Manager and Director of Economic

**** Development Requesting Authorization to UTILIZE FUNDS from the SALE OF CITY OWNED PROPERTIES (Located at 6526 and 6518 N. Sheridan Road) for RELOCATING the CITY’S RADIO SHOP to 832 W. HURLBURT and RELOCATING the FIRE GARAGE to DRIES LANE.

FEBRUARY 7, 2006 CITY COUNCIL PROCEEDINGS 27357

(06-055) Communication from the City Manager and Director of Public Works Requesting Approval of STREET LIGHT REQUESTS, in the Total Amount of $140.90 Annually, for 1411 WEST WIDENHAM STREET, and the INTERSECTION of WEST WIDENHAM STREET and SOUTH STEUBENVILLE STREET.

(06-056) Communication from the City Manager and Corporation Counsel

***** Requesting Approval of DATES for SCHEDULED EVENTS SPONSORED by PEORIA AREA COMMUNITY EVENTS, INC. (P.A.C.E.), as Outlined, Subject to Their Filing the Necessary Permits and Approval as Required by the City Code.

(06-057) APPOINTMENT by Mayor Jim Ardis to the GREATER PEORIA MASS TRANSIT DISTRICT BOARD OF TRUSTEES, with Recommendation to Concur:

Maxine Wortham (Voting) – Term Expires 6/30/2006

(06-058) APPOINTMENT by Mayor Jim Ardis to the ZONING COMMISSION, with Recommendation to Concur:

Marjorie Klise (Voting) – Term Expires 6/30/2006

(06-059) TOWN of the CITY OF PEORIA FINANCIAL REPORT for the Period Ending 12/31/2005, with Recommendation to Receive and File.

Mayor Ardis questioned if the Council wanted any of the Consent Agenda items removed for further discussion.

Council Member Jacob requested that Item No.06-056 be removed from the Consent Agenda for further discussion.

Council Member Gulley requested that Item No.06-050 be removed from the Consent Agenda for further discussion.

Council Member Spears requested that Item Nos. 06-052, 06-053, and 06-054 be removed from the Consent Agenda for further discussion.

Council Member Van Auken moved to approve the Consent Agenda items as outlined in the Council Communications; seconded by Council Member Gulley.

Item Nos. 06-043 through 06-059 (excluding Item Nos. 06-050, 06-052, 06-053, 06-054, and 06-056, which were removed from the Consent Agenda for further discussion) were approved by roll call vote under the Omnibus Vote Designation.

Yeas: Gulley, Grayeb, Jacob, Manning, Morris, Nichting, Sandberg, Spears,

Van Auken, Mayor Ardis – 10;

Nays: None.

(06-050) Communication from the City Manager and Director of Public Works

* Requesting Adoption of an ORDINANCE VACATING the PORTION of VAN BUREN STREET Adjacent to LOTS 15, 16, 17, and 18 of KNOTT’S and MASKER’S SUBDIVISION.

27358 CITY COUNCIL PROCEEDINGS FEBRUARY 7, 2006

Council Member Gulley said he would be abstaining from the vote due to his relationship with the petitioner.

Council Member Van Auken moved to adopt the Ordinance vacating the portion of Van Buren Street adjacent to Lots 15, 16, 17, and 18 of Knott’s and Masker’s Subdivision; seconded by Council Member Morris.

ORDINANCE NO. 15,883 was approved by roll call vote.

Yeas: Grayeb, Jacob, Manning, Morris, Nichting, Sandberg, Spears, Van Auken,

Mayor Ardis – 9;

Nays: None;

Abstention: Gulley – 1.

(06-052) Communication from the City Manager and Director of Planning and

** Growth Management Recommending Adoption of an ORDINANCE Rezoning Property Located at 6518, 6526 and 6600 N. SHERIDAN ROAD from the Present Class C-1 (General Commercial) and Class R-3 (Single Family Residential) Districts to a Class C-2 (Large Scale Commercial) District.

Council Member Spears moved to defer this item for one week until the February 14, 2006, Regular City Council Meeting; seconded by Council Member Van Auken.

Approved by roll call vote.

Yeas: Grayeb, Gulley, Jacob, Manning, Morris, Nichting, Sandberg, Spears,

Van Auken, Mayor Ardis – 10;

Nays: None.

(06-053) Communication from the City Manager and Director of Economic

*** Development Requesting Authorization to ACCEPT THE OFFER from SHERIDAN ROAD LUMBER to PURCHASE the City-Owned Properties at 6526 and 6518 N. SHERIDAN ROAD, in the Amount of $240,000.00, to Approve SHERIDAN ROAD LUMBER’S OFFER to BUY OUT the CELL TOWER LEASE, in the Amount of $45,000.00, and to Authorize the City Manager to Execute the Necessary Documents.

Council Member Spears moved to defer this item for one week until the February 14, 2006, Regular City Council Meeting; seconded by Council Member Van Auken.

Approved by roll call vote.

Yeas: Grayeb, Gulley, Jacob, Manning, Morris, Nichting, Sandberg, Spears,

Van Auken, Mayor Ardis – 10;

Nays: None.

(06-054) Communication from the City Manager and Director of Economic

**** Development Requesting Authorization to UTILIZE FUNDS from the SALE OF CITY OWNED PROPERTIES (Located at 6526 and 6518 N. Sheridan Road) for RELOCATING the CITY’S RADIO SHOP to 832 W. HURLBURT and RELOCATING the FIRE GARAGE to DRIES LANE.

Council Member Spears moved to defer this item for one week until the February 14, 2006, Regular City Council Meeting; seconded by Council Member Van Auken.

FEBRUARY 7, 2006 CITY COUNCIL PROCEEDINGS 27359

Council Member Sandberg questioned if any other alternatives had been reviewed regarding the City’s radio shop. He suggested this might be an opportunity to determine if subcontracting this service out would provide any cost savings for the City. He said he would like some alternatives explored by Staff.

City Manager Randy Oliver said he would provide information in the weekly City Manager’s Issue Updates.

Motion to defer this item until February 14, 2006, was approved by roll call vote.

Yeas: Grayeb, Gulley, Jacob, Manning, Morris, Nichting, Sandberg, Spears,

Van Auken, Mayor Ardis – 10;

Nays: None.

(06-056) Communication from the City Manager and Corporation Counsel

***** Requesting Approval of DATES for SCHEDULED EVENTS SPONSORED by PEORIA AREA COMMUNITY EVENTS, INC. (P.A.C.E.), as Outlined, Subject to Their Filing the Necessary Permits and Approval as Required by the City Code.

Council Member Jacob said he would be abstaining from voting on this item because he was a liquor licensee and prohibited from voting on liquor related matters by State Statute 235 ILCS 5/6-2.

Council Member Van Auken moved to approve the dates for scheduled events sponsored by Peoria Area Community Events, Inc. (P.A.C.E.) as outlined, subject to their filing the necessary permits and approval as required by the City Code; seconded by Council Member Gulley.

Approved by roll call vote.

Yeas: Grayeb, Gulley, Manning, Morris, Nichting, Sandberg, Spears, Van Auken,

Mayor Ardis – 9;

Nays: None;

Abstention: Jacob – 1.

(06-060) Communication from the City Manager and Corporation Counsel Requesting Adoption of an ORDINANCE Amending CHAPTER 5 of the Code of the City of Peoria Relating to UNSAFE or DANGEROUS BUILDINGS and Amending the Practice of Using Regular Mail Rather than Certified Mail.

Council Member Van Auken moved to adopt an Ordinance amending Chapter 5 of the Code of the City of Peoria relating to unsafe and dangerous buildings and amending the practice of using regular mail rather than certified mail; seconded by Council Member Manning.

Council Member Sandberg said he would not support the proposed Ordinance. He said he felt the first communication from the City regarding demolition of a private building, which was a legal process, should be delivered by certified mail. He stated he felt there was a potential for regular mail to be misdirected for some reason, and the property owner would not be notified of the proposed demolition. He said he felt there were too many things that could go wrong with delivery by regular mail, and he said he felt that the act of demolition was too significant for the City not to have assurance that the property-owner was adequately notified.

Council Member Grayeb said he agreed with comments made by Council Member Sandberg. He said he was concerned about the proposed change, and he urged that caution be taken regarding the act of demolishing private buildings.

27360 CITY COUNCIL PROCEEDINGS FEBRUARY 7, 2006

City Manager Randy Oliver provided a brief explanation regarding the process currently used. He indicated that many of the notices of demolition sent by certified mail were returned unclaimed, which caused a delay in the process. He said he felt the use of regular mail would speed the process by three or four weeks.

Council Member Sandberg suggested that a City employee could also hand-deliver the notices so the City would have assurance that property owners were adequately notified.

City Manager Oliver explained that many of the property owners lived out of State.

Council Member Sandberg said he did not feel the problems were with the certified mail delivery as much as in the strategic implementation of the process within the Administration. He said he did not feel the proposed Ordinance would solve anything, but would eliminate a safe guard. He said he felt these types of issues should be handled as conservatively as possible.

Motion to adopt ORDINANCE NO. 15,884 amending Chapter 5 of the Code of the City of Peoria relating to unsafe and dangerous buildings and amending the practice of using regular mail rather than certified mail was approved by roll call vote.

Yeas: Jacob, Manning, Morris, Nichting, Van Auken, Mayor Ardis – 6;

Nays: Grayeb, Gulley, Sandberg, Spears – 4.

(06-061) Communication from the City Manager and Corporation Counsel Requesting Adoption of an ORDINANCE Providing for a REFUND of INFRASTRUCTURE MAINTENANCE FEES Paid by WIRELESS TELECOMMUNICATIONS CUSTOMERS Other Than Those of US Cellular and Primeco, and Collected by the City of Peoria.

Council Member Nichting moved to adopt an Ordinance providing for a refund of infrastructure maintenance fees paid by Wireless Telecommunications customers other than those of US Cellular and Primeco, and collected by the City of Peoria; seconded by Council Member Morris.

ORDINANCE NO. 15,885 was approved by roll call vote.

Yeas: Grayeb, Gulley, Jacob, Manning, Morris, Nichting, Sandberg, Spears,

Van Auken, Mayor Ardis – 10;

Nays: None.

(06-062) Communication from City Manager Recommending an AMENDMENT to the 2006 CAPITAL and OPERATING BUDGETS Due to the REDUCTION in ENTITLEMENT FUNDS for 2006.

Council Member Nichting moved to approve an amendment to the 2006 Capital and Operating Budgets due to the reduction in Entitlement Funds for 2006; seconded by Council Member Van Auken.

Council Member Gulley spoke against the proposed amendment. He said the position that would be eliminated was not funded by the Entitlement Funds that had been reduced. He indicated he felt there were other alternatives that should have been reviewed. He expressed concern that other efficiencies were not explored to find other ways to accommodate the reduction in funding. He expressed further concern that the Equal Opportunity Office would not be able to provide the same level of service, and nothing had been done to determine how the department would be impacted. He said he felt the impact to the community would be greater than $45,000.00.

FEBRUARY 7, 2006 CITY COUNCIL PROCEEDINGS 27361

Council Member Van Auken explained the stipulation that, if the City’s Ordinance was used, the State or Federal Statutes could not be utilized by individuals filing claims. She said she felt it was necessary to have dedicated Staff overseeing both internal and external employment. She said she supported diversity in the entire community, and she welcomed more involvement in economic development.

Council Member Sandberg said he could not support the motion and he spoke against the proposed Item No. 4, as listed in the Council communication, to reallocate $22,500 from the CDBG funded 2006 Sidewalks in Need of Repair (SINR) Program, and to reallocate $22,500 from the Inspections Department demolition budget to the Inspections Department for Code Enforcement personnel.

Council Member Spears expressed concern that the reallocation of these funds would take money away from new sidewalks. He said he hoped that the Economic Development Department would be able to bring more minorities into the process and have the ability to develop more minority businesses in the City. He said this decision was difficult at this time, but he hoped that in the 2007 Budget, the Equal Opportunity Office would be able to be staffed properly.

Motion to approve an amendment to the 2006 Capital and Operating Budgets due to the reduction in Entitlement Funds for 2006 was approved by roll call vote.

Yeas: Manning, Morris, Nichting, Spears, Van Auken, Mayor Ardis – 6;

Nays: Grayeb, Gulley, Jacob, Sandberg – 4.

UNFINISHED BUSINESS

(06-040) Communication from the City Manager and Corporation Counsel with Staff

Recommendation to DENY the CONSENT to DISCONNECT CERTAIN REAL ESTATE, Commonly Known as 2207 WEST FARMINGTON ROAD, Owned by the Crusen Land Trust from the City of Peoria for the Purpose of Annexing to the City of West Peoria OR if the Council Wishes to Grant the Petition, the Council Will Need to ADOPT the ORDINANCE Allowing for the DISCONNECTION of the Property, with REPORT BACK .

A letter from Attorney Joseph P. Gilfillan representing the Crusen Land Trust requesting that the Petition for Disconnection be withdrawn from Council consideration was distributed to all Council Members.

Following a brief comment, Council Member Van Auken moved to accept the letter requesting that the Petition for Disconnection of property known as 2207 W. Farmington Road be withdrawn; seconded by Council Member Morris.

Motion to accept the letter withdrawing the Petition for Disconnection was approved by roll call vote.

Yeas: Grayeb, Gulley, Jacob, Manning, Morris, Nichting, Sandberg, Spears,

Van Auken, Mayor Ardis – 10;

Nays: None.

NEW BUSINESS
COMMENTS Regarding ENFORCEMENT OF ORDINANCES and CROSSING STREETS

A discussion was held regarding recent enforcement of Ordinances regarding crossing streets. It was determined that it was not a violation of State Statutes to cross Fulton Street in front of City Hall as long as the pedestrian yielded to vehicle traffic. In further discussion, amounts of fines were questioned and Corporation Counsel Randy Ray said he would provide the information to the City Council.

27362 CITY COUNCIL PROCEEDINGS FEBRUARY 7, 2006

UPDATE Regarding the PROGRESS OF OTHER ILLINOIS COMMUNITIES Who Were PURSUING THE PURCHASE OF THEIR OWN WATER SYSTEMS FROM ILLINOIS AMERICAN WATER COMPANY

Council Member Grayeb expressed concern that RWE, the German parent company of Illinois American Water Company, was placed under investigation by its own government for various potential criminal activities. He discussed other communities in the State of Illinois who were looking into the possibility of purchasing their own water systems because of the problems they had encountered with escalating costs and water safety concerns.

City Manager Randy Oliver discussed legislation in the House and Senate that would permit acquisition of the water system through a condemnation process. He said it was decided to move away from the first right of refusal for a number of reasons. He said the City of Peoria would not need the right because Peoria already had the option to purchase the water company every five years. He said he would provide the Council with the current version of legislation, which had recently changed. He said he would like to know if the Council would find it advantageous to support the legislation currently under consideration.

Council Member Grayeb said he felt this was something the Council needed to continue to monitor due to the potential economic development opportunities the purchase of the Illinois American Water Company could provide.

CITIZEN REQUESTS TO ADDRESS THE COUNCIL

(06-063) Request for CITIZENS to ADDRESS the CITY COUNCIL Regarding VARIOUS ISSUES.

Hearing no objections, Mayor Ardis granted Privilege of the Floor to those citizens wishing to address the City Council.

Ms. Joyce Blumenshine, 2419 E. Reservoir, representing the Heart of Illinois Sierra Club, spoke in opposition to the expansion of the Hazardous Waste site on the West edge of Peoria. She said she was concerned about the protection of the water supply, property values, and the health and the safety of the community.

Mr. Tom Edwards, 902 W. Moss, distributed a communication to all members of the City Council regarding the PDC landfill. He expressed concern regarding potential leakage of hazardous waste and possible contamination of the City’s water system.

Council Member Sandberg requested that Staff provide information regarding the PDC site and the location of the boundaries where the site joined with the City of Peoria.

Ms. Mavis Young expressed concern regarding a letter sent by the Mayor to the Peoria Journal Star regarding the expansion of the hazardous waste site. She spoke against the expansion and the potentially dangerous impact the expansion would have on water, air, and soil quality.

Dr. John Carroll discussed the history of emergency medical services in Peoria over the past ten years. He expressed concern that trained Peoria Firefighters were not allowed to provide victims with basic medical care and services. He recommended that the Peoria Fire Department have their own medical director and allow trained Firefighters to act as paramedics at accident scenes.

FEBRUARY 7, 2006 CITY COUNCIL PROCEEDINGS 27363

EXECUTIVE SESSION

(06-064) Requesting Approval of a Motion for the City Council to go into

EXECUTIVE SESSION to Discuss 2(c)(11) Litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that such an action is probable or imminent.

Council Member Grayeb moved for the City Council to go into Executive Session to discuss 2(c)(11) Litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that such an action is probable or imminent; seconded by Council Member Manning.

Approved by roll call vote.

Yeas: Gulley, Grayeb, Jacob, Manning, Morris, Nichting, Sandberg, Spears, Van Auken, Mayor Ardis – 10;

Nays: None.

ADJOURNMENT

Council Member Manning moved to adjourn the Regular City Council Meeting; seconded by Council Member Grayeb.

Approved by viva voce vote.

The Council Meeting adjourned at 7:44 P.M.

________________________________

Mary L. Haynes, MMC

City Clerk, Peoria, IL

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