CITY OF PEORIA, ILLINOIS

REVISED

CITY COUNCIL AGENDA

REGULAR BUSINESS MEETING

Tuesday, July 08, 2008

6:15 PM

Dates

All matters listed under CONSENT AGENDA are considered to be routine and non-controversial by the City Council and will be enacted by one motion and one roll call vote. There will not be separate discussion on these items. If discussion is desired by a Citizen or Members of the Council, the item will be removed from the Consent Agenda and discussed immediately after approval of the Consent Agenda. Citizens desiring discussion on any item listed under the CONSENT AGENDA should contact a Council Member or the City Clerk prior to the meeting and request that the item be removed for discussion.

*CITIZENS WISHING TO ADDRESS AN ITEM NOT ON THE CONSENT AGENDA SHOULD CONTACT A COUNCIL MEMBER PRIOR TO THE MEETING. OTHER PUBLIC INPUT CAN BE GIVEN UNDER CITIZENS REQUEST TO ADDRESS THE COUNCIL NEAR THE END OF THE COUNCIL MEETING. COMMENTS ARE LIMITED TO FIVE MINUTES FOR EACH SPEAKER AND SPEAKERS ARE ASKED TO REFRAIN FROM DISCUSSING SUBJECTS/TOPICS RELATING TO CITY PERSONNEL AND TOPICS NOT GERMANE TO THE CITY COUNCIL’S AUTHORITY.

NOTE: THE ORDER IN WHICH AGENDA ITEMS ARE CONSIDERED MAY BE MOVED FORWARD OR DELAYED BY AT LEAST 2/3 VOTE OF THE COUNCIL MEMBERS PRESENT.

EFFECTIVE JULY 1, 2007, THE PEORIA CITY COUNCIL WILL MEET IN REGULAR BUSINESS SESSIONS THE SECOND AND FOURTH TUESDAYS OF THE MONTH AT 6:15 P.M. AT CITY HALL COUNCIL CHAMBERS (Room 400), 419 FULTON STREET, PEORIA, ILLINOIS.

NOTICES OF ANY SPECIAL MEETING ARE POSTED AT LEAST 48 HOURS PRIOR.___________________________________

DISABILITY ACCESS STATEMENT

Council Meetings are wheelchair accessible. Individuals with hearing difficulties can request to use available FM auxiliary aids before or during the meeting by visiting the City Clerk’s Office, Room 401, City Hall Building, 419 Fulton Street, Peoria, Illinois. We would appreciate advance notice of requests to receive an Agenda in an alternate format or other types of auxiliary aids and services. Other services provided are language interpretation and document translation which can be obtained by calling the City Clerk’s Office. To contact the City Clerk’s Office, call 309-494-8565 (V). TTY users, call the Illinois Relay Center at 1-800-526-0844 (TTY) or 1-800-526-0857 (V).

CITY COUNCIL AGENDAS AND PROCEEDINGS ISSUED BY:

MARY L. HAYNES, MMC, OFFICE OF THE CITY CLERK

CITY HALL, ROOM 401

(309) 494-8565

INTERNET ADDRESS: www.ci.peoria.il.us

(Click on Council Agenda/Minutes)

CITY COUNCIL MEETING

CITY HALL, COUNCIL CHAMBERS

6:15 P.M.

Regular Meeting

ROLL CALL

INVOCATION & PLEDGE OF ALLEGIANCE

PROCLAMATIONS, COMMENDATIONS, ETC.

PROCLAMATION: DOUG SIMPER

MINUTES

PETITIONS, REMONSTRANCES & COMMUNICATIONS – CITY OF PEORIA

ITEM NO. 1 Communication from Councilman Jim Montelongo Requesting to Attend the July 8, 2008, City Council Meeting Electronically due to Having Business Outside the City Pursuant to Ordinance No. 16,142.

ITEM NO. 2 Communication from the Interim City Manager and Finance Director/Comptroller Requesting to Receive and File the 2007 AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT by McGladrey & Pullen, LLP.

ITEM NO. 3 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 ESTELLA L. DAVIS Regarding an Incident with a Peoria Police Officer in June, 2008, with Recommendation to Receive and File and Refer to the Legal Department.

B. Communication from the Interim City Manager and Director of Public Works Requesting Approval of the LOW BID of TERRY'S BERRIES, INC., and Awarding the CONTRACT, in the Amount of $15,282.00 for BUILDING DEMOLITION at 1800 and 1802 W. DR. MARTIN LUTHER KING, JR. DRIVE in Conjunction with the Future of Dr. Martin Luther King, Jr. Drive Widening Project.

C. Communication from the Interim City Manager and Director of Public Works Requesting Approval of the LOW BID of C & G CONCRETE, in the Amount of $179,570.90 for SINR CONTRACT #34 for SIDEWALK REPLACEMENT on MCBEAN and KETTELLE from Saratoga to Western.

D. Communication from the Interim City Manager and Director of Public Works Requesting Approval of the LOW BID of ADVANCED TECHNICAL SYSTEMS d/b/a ADVANCED ELECTRIC and Awarding the CONTRACT, in the Amount of $278,697.66, which is 10.3% Over Engineer's Estimate, at the Intersection of UNIVERSITY STREET, MACARTHUR HIGHWAY AND MOSS AVENUE, and Approval of the REPROGRAMMING of Said Funds, in the Amount of $210,441.00 From Local Motor Fuel Fund Projects.

E. Communication from the Interim City Manager and Director of Public Works Requesting Approval of the LOW BID of KRUMHOLZ BROTHERS LANDSCAPING and Awarding the CONTRACT, in the Amount of $45,354.00 for the SHAG BARK CIRCLE DRAINAGE IMPROVEMENT PROJECT.

F. Communication from the Interim City Manager and Director of Public Works Requesting Approval of the LOW BID of HEIN CONSTRUCTION CO, INC., and Awarding the CONTRACT, in the Amount of $79,282.06 for the HOLY FAMILY SCHOOL SIDEWALK IMPROVEMENT PROJECT for the SAFER NEIGHBORHOOD SCHOOLS SIDEWALK PROGRAM.

G. Communication from the Interim City Manager and Director of Public Works Requesting Approval to PURCHASE ONE THREE-WHEEL STREET SWEEPER as a Fleet Replacement from KEY EQUIPMENT & SUPPLY, at a Cost of $165,305.00, Less $12,000.00 Trade-In, for a Total Cost Not to Exceed $153,305.00.

H. Communication from the Interim City Manager, Chief of Police, and Information Systems Director Requesting Approval of the SOLE SOURCE PURCHASE of a VERINT VIDEO SYSTEM UPGRADE, in the Amount of $39,112.80, from MIDCO, INC.

I. Communication from the Interim City Manager and Director of Public Works Requesting Awarding the CONTRACT for RE-PLASTERING at CITY HALL to WAYNE STOHL AND SONS PLASTERING, in the Amount of $340,336.00.

J. Communication from the Interim City Manager and Director of Economic Development Requesting Authorization for Staff to Issue a REQUEST FOR PROPOSAL to Seek a DEVELOPER for the RIVER TRAIL DRIVE and CASCADE PLAN, and Requesting the Corps of Engineers to Plan and Construct ISLANDS Along the PEORIA RIVERFRONT.

K. Communication from the Interim City Manager and Director of Economic Development Requesting Approval for the SALE of a CITY-OWNED VACANT LOT Located at 1029 ORANGE STREET (18-05-429-004) to KAUTH & MAYEUR, in the Amount of $2,500.00 Plus Expenses, and Requesting the Interim City Manager to Execute the Necessary Documents.

L. Communication from the Interim City Manager and Director of Economic Development Requesting Authorization to Modify the Request Made on June 10, 2008, for ENTERPRISE ZONE EXPANSION for Certain Properties Located within the Boundaries of SHERIDAN, GLEN, UNIVERSITY and LAKE STREET; and Including Property to the West of Sheridan and North of Ridgemont (Sheridan Village).

M. Communication from the Interim City Manager and Director of Planning and Growth Management Requesting to MODIFY the COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) FUND POLICY to Include that at a Minimum; Every Third Property Submitted by a CHDO for Funding Approval Must be a HOUSING REHABILITATION PROJECT.

N. Communication from the Interim City Manager and Director of Planning and Growth Management Requesting to FUND UPGRADE COMPANIES COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, in the Amount of $76,125.00 of HOME CHDO FUNDS for the Construction of One New Affordable, Single-Family Owner-Occupied Home Located at 1707 N.E. MADISON AVENUE.

O. Communication from the Interim City Manager and Director of Public Works Requesting Approval of the PEORIA/PEKIN URBANIZED AREA TRANSPORTATION STUDY (PPUATS) FY 2009 AGREEMENT and MFT RESOLUTION, in the Amount of $36,716.38.

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 2008 Relating to the AGREEMENT with BRADLEY UNIVERSITY for REIMBURSEMENT of COSTS for MILL and ASPHALT OVERLAY in the Alley Between Cooper Street and Bradley University.

Q. Communication from the Interim City Manager and Director of Public Works Requesting Approval of the LOW BID and Awarding the CONTRACT to TAZEWELL COUNTY ASPHALT, in the Amount of $44,769.00, to Mill and Asphalt Overlay the Alley Between COOPER STREET and BRADLEY UNIVERSITY from West Main Street to Bradley Avenue and Approval of the AGREEMENT with BRADLEY UNIVERSITY for REIMBURSEMENT of the Costs of the Project to the City of Peoria.

R. Communication from the Interim City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Amending the City of Peoria Budget for Fiscal Year 2008 Relating to the $1 MILLION REIMBURSEMENT to WATER STREET (Hamilton Boulevard to Washington Street) RECONSTRUCTION PROJECT from Illinois Department of Transportation (IDOT).

S. Communication from the Interim City Manager and Director of Public Works Requesting Approval of the LOW BID of ILLINOIS CIVIL CONTRACTORS, in the Amount of $1,306,731.00 for WATER and EATON STREETS RECONSTRUCTION PROJECT (Hamilton Boulevard to Washington Street).

T. Communication from the Interim City Manager and Director of Public Works Requesting Adoption of an ORDINANCE Providing for a PUBLIC IMPROVEMENT of QUEENS COURT ROAD and PICCADILLY PLACE ROADWAY IMPROVEMENT PROJECT (Miramar Drive to Piccadilly Place and Queens Court Road to Kingsway Drive), the Net Length of 1040 Feet or 0.197 Mile.

U. Communication from the Interim City Manager and Director of Public Works Requesting Adoption of an ORDINANCE Providing for a SPECIAL ASSESSMENT to be Known as CITY OF PEORIA WILHELM ROAD AND BRIDGE (Growth Cell 1A Phase Two Roadway Improvements) Special Assessment Number 2008-A for Bridge, Street, Curb and Gutter, Storm Sewers, and Landscaping; and All Related Costs to Such Improvements; and Generally Located on Said Roads Within the City.

V. Communication from the Interim City Manager and Corporation Counsel Requesting Adoption of an ORDINANCE Amending Ordinance No. 16,291 Providing for a MORATORIUM on ZONING CERTIFICATES and BUILDING PERMITS for PAYDAY and TITLE LOAN STORES.

W. Communication from the Interim City Manager and Finance Director/Comptroller Requesting Adoption of an ORDINANCE Amending the City of Peoria Budget for Fiscal Year 2008 Relating to the AUTHORIZED PAYMENT to SPRINGDALE MANAGEMENT AUTHORITY, in the Amount of $40,566.00 in Accordance with the Terms of the Intergovernmental Agreement.

X. Communication from the Interim City Manager and Finance Director/Comptroller Requesting to Approve the BUDGET CALENDAR for the PREPARATION of the PROPOSED FY 2009 BUDGET and CHANGES to the BUDGET PROCESS.

Y. APPOINTMENT by Mayor Jim Ardis to the TRAFFIC COMMISSION, with Recommendation to Concur:

Stephen N. Van Winkle (Voting) - Term Expires 6/30/2009

Z. APPOINTMENT by Mayor Jim Ardis to the WORKFORCE DEVELOPMENT BOARD, with Recommendation to Concur:

Lisa Feinholz (Voting) - Term Expires 7/1/2009

Hope Glasgow (Voting) - Term Expires 7/1/2009

AA. REAPPOINTMENT by Mayor Jim Ardis to the BOARD OF LOCAL IMPROVEMENTS, with Recommendation to Concur:

Gene Hewitt (Voting) - Term Expires 6/30/2011

BB. REAPPOINTMENTS by Mayor Jim Ardis to the LIQUOR COMMISSION, with Recommendation to Concur:

Ted Arndt (Voting) - Term Expires 6/30/2011

Donald R. Jackson - (Voting) - Term Expires 6/30/2011

CC. PEORIA PUBLIC LIBRARY FINANCIAL REPORT for the Period Ending MAY 31, 2008, with Recommendation to Receive and File.

ITEM NO. 4 Communication from the Interim City Manager and Finance Director/Comptroller Requesting to Enter Into a THIRTY-SIX MONTH SOLE SOURCE EXTENSION to PURCHASE ELECTRICITY from SEMPRA ENERGY SOLUTIONS for 40% of the City's Energy Needs Beginning January 1, 2009, and Ending December 31, 2011.

ITEM NO. 5 Communication from the Interim City Manager and Interim Director of Human Resources Requesting to Execute the COLLECTIVE BARGAINING AGREEMENT Negotiated Between the CITY OF PEORIA and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 50 for the Period From January 1, 2008, Through December 31, 2010.

ITEM NO. 6 Communication from the Interim City Manager and Director of Public Works Requesting Authorization for the Interim City Manager to Approve the Change in Scope of Work for a PROFESSIONAL SERVICES AGREEMENT for PIONEER PARKWAY EXTENSION for the PRELIMINARY ENGINEERING SERVICES with CRAWFORD, MURPHY and TILLY, INC., (CMT) with No Change in the Current Not-To-Exceed Contract Amount of $733,313.00, but to Facilitate Extra Preliminary Engineering Analysis to Satisfy the National Environmental Policy Act (NEPA) Compliance Requirements.

ITEM NO. 7 Communication from the Interim City Manager and Director of Planning and Growth Management Requesting to Approve the RESOLUTION Amending the COMPREHENSIVE PLAN, and the FUTURE LAND USE MAP by Removing Three Parcels from the WEST MAIN STREET FORM DISTRICT REGULATING PLAN and Designating those Parcels as INSTITUTIONAL on the Future Land Use Map, Property Identified as Parcel Numbers 18-04-327-009, 18-04-327-011 and 18-04-327-012.

ITEM NO. 8 Communication from the Interim City Manager and Director of Planning and Growth Management Requesting to Adopt the Following Ordinances:

A. ORDINANCE Amending Ordinance No. 16,144, of the Land Development Code of the City of Peoria, by Amending the WEST MAIN FORM DISTRICT REGULATING PLAN by Removing Parcels 18-04-327-009, 011 & 012 from the Regulating Plan and Including Parcels in the METHODIST HEALTH SERVICES CORPORATION OFFICIAL DEVELOPMENT PLAN.

B. ORDINANCE Amending the Land Development Code of the City of Peoria, by Rezoning Certain Property from the Present Class CG (General Commercial) District to a Class N-1 (Institutional) District for Parcels 18-04-327-005 & 006; Parcel 18-04-379-018; and Parcels 18-04-380-007 & 008; from the Present Class R-7 (Multi-Family Residential) District to a Class N-1 (Institutional) District for Parcels 18-04-327-007 & 008; Parcels 18-04-378-018 & 019; and Parcels 18-04-380-005 & 006; from the Present Class WM (West Main) Form District to a Class N-1 (Institutional) District for Parcels 18-04-327-009, 011 & 012; from the Present Class B-1 (Central Business) District to a Class N-1 (Institutional) District for Parcels 18-04-381-001 through 014; Parcels 18-04-451-001 & 002; and Parcels 18-04-452-006, 007, 017, 019 through 022.

C. ORDINANCE Amending Ordinance No. 13,457, by Amending the Existing OFFICIAL DEVELOPMENT PLAN with the Attached OFFICIAL DEVELOPMENT PLAN (ODP) Dated July 1, 2008, for METHODIST HEALTH SERVICES CORPORATION BOUNDARIES, Adding a New ACUTE CARE FACILITY and Addressing Other Development Criteria within the ODP Boundaries Subject to the Consequences of the Pending Application for LANDMARK DESIGNATION of HAMILTON BOULEVARD for the Property Generally Bounded by Main Street, Randolph, Fayette and Glendale.

D. Petitions from Peoria's Randolph Roanoke Residential Association Bearing 73 Signatures in Support, and Petitions from Peoria's West Main Business Association Bearing 31 Signatures in Support of Methodist Hospital's Proposed Institutional Plan, With Recommendation to Receive and File and Make the Property of the City Council.

ITEM NO. 9 Communication from the Interim City Manager and Director of Public Works Requesting Approval of the RIGHT-OF-WAY ENCROACHMENT with Revocable Right-of-Way Use Permit for the METHODIST MEDICAL CENTER PARKING DECK at 115 N.E GLEN OAK AVENUE.

ITEM NO. 10 Communication from the Interim City Manager and Director of Planning and Growth Management Requesting to Concur with the Recommendations Related to COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICE FUNDS and EMERGENCY SHELTER GRANT (ESG) FUNDS as Follows:

A. Receive and File a REPORT on the STATUS of the 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICE ACTIVITIES and 2008 EMERGENCY SHELTER GRANT (ESG) ACTIVITIES;

B. Approve the APPLICATION TIMELINE, PRIORITIES and RANKING for the 2009 EMERGENCY SHELTER GRANT (ESG) PROGRAM;

C1. Approve the Recommendation from the Human Resource Commission Related to the APPLICATION TIMELINE, PRIORITIES, and RANKING for the 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICE FUNDS.

OR

C2. Approve the Recommendation from the Administration Related to the APPLICATION TIMELINE, PRIORITIES and RANKING for the 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICE FUNDS.

Unfinished Bus-Adjourn

UNFINISHED BUSINESS

(08-013D) Communication from the Interim City Manager and Director of Planning and Growth Management Requesting to REMOVE Item 08-013D an ORDINANCE Adopting the ANNEXATION PETITION for Property Located at the Southwest Corner of WILHEM ROAD and IL ROUTE 40, Identified as Parcel Nos. 09-29-352-012, 09-29-352-008, 09-29-376-004, 09-29-376-005, 09-29-376-006, 09-29-376-009, 09-29-326-002, and 09-029-376-010, with a Temporary Address of 1500 W. WILHELM ROAD, FROM THE TABLE and Placing it on the July 22, 2008, Regular City Council Meeting Agenda.

(08-190) Communication from the Interim City Manager and Corporation Counsel Requesting Approval of the RESOLUTION Authorizing SETTLEMENT of Case No. 06-1187 in the United States District Court for Central District of Illinois and Other Matters Pertaining to BRIMSTONE STEAK, INC., BIG BAD WOLF, INC., and ELLIOTT'S BBW, INC., Which Authorizes SETTLEMENT of All Matters Regarding BRIMSTONE STEAK, INC., BIG BAD WOLF, INC., and ELLIOTT'S BBW, INC., to Include the Granting of a CLASS A (Tavern) LIQUOR LICENSE with a SUBCLASS 1A (2:00 A.M. Closing), and SUBCLASS 2 (Live Entertainment) SITE APPROVAL for 7807 NORTH UNIVERSITY and PAYMENT of $50,000.00. (New Replacement Communication)

(08-197) Communication from the Interim City Manager and Director of Planning and Growth Management Requesting to Concur with the Unanimous Recommendation from the Planning Commission and Staff to DENY a RESOLUTION Approving the FIRST AMENDMENT to the ANNEXATION AGREEMENT for the SMART PROPERTY, a Residential Development Located West of Koerner Road, North of Illinois Route 8 (Southport Road) and South of Interstate 74 with a Previous Address of 6627 SOUTHPORT ROAD, Identified as Parcel Numbers 13-22-300-006, 13-22-300-007, and 13-22-300-008, all Located Within One and One-Half Miles of the City of Peoria.

(08-302) Communication from the Interim City Manager and Director of Planning and Growth Management Requesting Adoption of an ORDINANCE Amending Ordinance No. 15,837, an EXISTING SPECIAL USE in a Class R-4 (Single-Family Residential) District for SINGLE-FAMILY DISTRICT MULTIPLE DWELLING UNIT STRUCTURE to Include the ADDITION of a TWO-LEVEL PARKING STRUCTURE for Property Located at 1505 N. PEORIA AVENUE, with Conditions.

NEW BUSINESS

CITIZEN REQUESTS TO ADDRESS THE COUNCIL

EXECUTIVE SESSION

ADJOURNMENT