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HomeMy WebLinkAbout1975-11-10 City Council Regular Minutes• COUNCIL PROCEEDINGS 11184 : OFFICIAL PROCEEDINGS : : OF THE CITY OF PEORIA: Council Chambers, Peoria,Illinois, November 10,1975. A regular meeting of the City Council was held this date at 6:00 P.M.; Mayor Richard E. Carver presiding. ROLL CALL Roll call showed the following members present: Bateman, Bergsten, Neumiller, Renner, Reynolds, Sinclair, Sutton, Carver INVOCATION At the request of the Mayor, heads were bowed in a moment of silent prayer. Pledge of Allegiance led by the Mayor. MINUTES Councilman Bateman moved for approval of minutes of previous week's meeting; seconded by Councilman Bergsten. Adopted by viva voce vote. PROCLAMATIONS, COMMENDATIONS, ETC. PROCLAMATION by RESOLUTION deploring the vote of the United Nations General Assembly Social, Humanitarian and Cultural Committee in declaring Zionism to be a form of racism and discrimination. Councilman Bergsten moved the resolution be concurred in; seconded by Councilman Reynolds. Adopted by viva voce vote. PETITIONS, REMONSTRANCES, ETC. (75-758) Communication from Mayor Carver regarding REFERENDUM on REVENUE SOURCES for DOWNTOWN REVITALIZATION (75-759) Communications from Councilman Bruce Brown regarding REFERENDUM on Proposed Tax Package 11185 Councilman Bateman went over the three questions that Mayor Carver had proposed for the referendum: (1) Statutory question required under Peoria Civic Center Legislation; (2) Shall the City Council impose a hotel/motel tax, bar and restaurant tax, and enter- tainment tax for the purpose of downtown revitalization; (3) Shall the City Council impose a 1/2% sales tax with the (whatever exemption appears to be appropriate) for the purpose of neighborhood public improvements? He stated that the first two questions had had a great deal of study already, and the Civic Center Authority will be giving additional information soon as to size of structures, etc. The feeling was that the first two questions had not been opposed by the public, but that the third question still had many things that needed to be resolved. Mayor Carver pointed out that in regard to question #1, the authority to proceed with a referendum lies with the Civic Center Authority; the Council could only make the suggestion to the Authority. Councilman Bateman moved that a resolution be drafted to the Civic Center Authority asking them to consider a referendum on #1, and that if agreement is reached on #1, that both questions #1 and 2 be put to a referendum at the earliest date possible at a special election; Councilman Reynolds seconded, with the amendment that no referendum be held on #3 pending development of further plans and that a report be brought back from the administration; also that the administration proceed to investigate the legal ramifications of the election on questions #1 and 2, and bring back a report; and that a date then be set for the referendum; report being brought back to the Council within two -three weeks. Councilman Renner said it was imperative that the City go forward with the neighborhood program; that without the funding on these programs, it could become necessary to resort to the property tax increase. He asked how long it would take to determine the amount of revenue lost, by exemption of food, and a determination to make an upper limit on the sales tax. Corporation Counsel Teplitz said they were already checking into the upper limits; that it could take 3-4 weeks to 2 months to come up with the data. Some of it may have to be from the Urban Affairs Department at Bradley. Councilman Renner said he felt that, if possible, the referendum on the 3rd question should be held in March. 11186 Councilman Sinclair said she felt it was the responsi- bility of the Council to act on this issue without a referendum. The Council has authority under the Illinois Statute and 1970 Constitution; and she said she felt they were avoiding making a controversial decision on this issue. Mayor Carver stated that the issue was highly complex, and that it should be resolved before it is placed before the public. He agreed that they had authority to pass the issue without a referendum, but that the plan dealt with a program that would involve the community for many years to come and that strong public support and involvement was needed for the program. Councilman Renner stated that the public hearings showed that the public was not aware of the ramifi- cations of the tax and project. More information should be brought to the public. Councilman Sinclair stated that a referendum was a very expensive method of getting input. She stated that there had been no debate on the floor to discuss the merits of the sales tax. Councilman Bergsten asked if question 2 would be on a city-wide basis or special district; Mayor Carver said they would have to wait until the report was received back from the administration. Councilman Renner admended the motion that neighborhood project and 1/2% sales tax question be held on March 16, 1976; that a report be forthcoming from the administration in time so that debate could be held by the Council in order to put the question to a referendum by March 16th; seconded by Councilman Bateman. Amendments and motion adopted by viva voce vote. Councilman Renner moved that communication of Councilman Brown be received and filed; seconded by Councilman Neumiller. Adopted by viva voce vote. (75-760) BIDS for the purchase of rock salt, recommending the low bid of the Diamond Crystal Salt Co., in the amount of $11.00 per ton Councilman Bergsten moved for approval of bid of Diamond Crystal Co. seconded by Councilman Neumiller. Adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Reynolds, Sinclair, Sutton, Carver 11187 (75-761) Communication from City Traffic Engineer with: AN ORDINANCE TO REVERSE THE EXISTING ONE-WAY FLOW PATTERNS ON MAPLEWOOD AND GLENWOOD BETWEEN MAIN STREET AND BRADLEY AVENUE Councilman Bateman moved for ordinance to be placed upon passage; seconded by Councilman Reynolds. ORDINANCE NO. 9737 adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Reynolds, Sinclair, Sutton, Carver (75-762) Communication from City Traffic Engineer with: AN ORDINANCE DESIGNATING RESERVOIR BOULEVARD BETWEEN STERLING AND THE WEST CITY LIMITS AS A THROUGH STREET Councilman Neumiller moved for ordinance to be placed upon passage; seconded by Councilman Bergsten. ORDINANCE NO. 9738 adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Reynolds,Sinclair, Sutton, Carver (75-763) Communication from Planning Department with: AN ORDINANCE TO AMEND THE PERMANENT ZONING ORDINANCE OF THE CITY OF PEORIA BY CHANGING THE CLASSIFICATION OF CERTAIN PROPETY FROM R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT TO A CLASS R-1 LOW DENSITY RESIDENTIAL DISTRICT BEING PREMISES COMMONLY KNOWN AS A TRIANGULAR PARCEL OF LAND SOUTH OF I-74 WEST OF STERLING, IN THE CITY OF PEORIA, ILLINOIS Mike Gard, attorney for developer, explained how the subject property was originally zoned multiple family since 1948, and then when annexed,R-2 since 1964. There was an attempt to rollback this property and after two years of a zoning dispute, the westerly portion was rolled back to R-1. Mr. Zosky took the option on this parcel of land with the understanding that it would remain R-2. Layout of apartment plan was approved in January 1974 by the departments. Zosky purchased the property along with a 25' strip from the southerly portion to Westport road; 25' strip to be used for access to the triangular portion. In June of 1975, Mr. Zosky obtained a loan and took out bids. In September, Mr. Zosky submitted his plans to Inspections and those plans were approved and plot plan was again submitted. At this time, LegalDepartment determined that an R-1 road could not be used to gain access to R-2 property. Mr. Zosky proceeded to get a temporary 1-year permit from the Count/for a road accessing onto Sterling, with the condition that if the developer did not get 1 • s 11188 access onto Westport, access would have to be to Sterling and road would have to meet County plans and specs. On October 16th, Mr. Zosky applied for permit; City gave him permit to commence construction. on October 31,Pianni g Department notified Mr. Zosky that there was to be a hearing to rollback the property; Commission ruled that property was to be rolled back. Mr. Gard pointed out that Mr. Zosky had much vested in the project at this point including money and material and asked that the Council consider leaving the property R-2. Mike Ryan, President, North Sterling Homeowners Assn., pointed out that the property was not owned completely by Mr. Zosky, that Mr. Toursche also had an interest, and that he was in favor of the rollback. The Zoning Commission had voted unanimously to roll back this area. At the meeting, Planning Director Frishran stated that normally he was opposed to rollbacks, but in this instance, he felt the rollback was warranted. Mr. Ryan stated that the work on this property was not started until October 6th and that expense was deliberately incurred to influence the Council.Mr. Ryan urged the Council to consider rolling back the property as an element of safety and proper use of the land involved. Corporation Counsel Teplitz explained that the general rule of law is that a property owner can go into court to prevent a rezoning classification. Property owner must show a substantial reliance for use of property and money used in good faith. He said his opinion was that once Zosky became aware of the governmental procedure for rollback, any expenditures after that wouldnot be considered good faith, therefore, only the cost of $1,600 would probably be found substantial unless his attorney could prove the other money was spent in good faith. Price paid for land would not be a determining factor, as there is always the possibility of reclassification to use the land as it should be properly applied. Councilman Renner asked for the Traffic Engineering's view on access to Sterling. Traffic Engineer Hauck replied that there was not adequate site distance to allow an acess onto Sterling, therefore, access should not be allowed onto this street. Councilman Renner asked if there was a sewer on Sterling; Director of Public Works McIntosh replied no. Councilman Neumiller stated that when Council requested the public hearing for the rollback, property was pretty much untouched and that there is no way that any developer could access onto Sterling. The recommendation 11189 of zoning the property back to R-1 was trying to. preserve the R-1 character of the area. After developer received permit, construction drivers cut -across property from Westport in violation of the zoning. Councilman Neumiller moved for ordinance to be placed upon passage; seconded by Councilman Bergsten. ORDINANCE NO. 9739 adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Sinclair, Sutton, Carver Abstention: Reynolds (75-764) Communication from Director of Public Works regarding PROPOSED CONTRACT for Garbage and Rubbish Pickup and Suggested Changes Mayor Carver stated that his feelings were a 3-year contract was adequate and that five collection districts seemed to be a logical approach. In regard to vehicles, City should be able to enforce the maintenance and cleaning of these vehicles. Director of Public Works McIntosh explained that if a contractor defaulted in his work, the City could take over. Service of one contractor in one area would not be affected in other districts. Consideration was given to the number of districts to have; it was felt that more districts would allow more competitive bidding for the smaller contractor to get involved in. Mr.McIntosh said that with five districts, three trucks and one standby would be required. Councilman Neumiller pointed out that plan could become too fragmented if there were too many districts, it would become hard to handle by the City. Councilman Renner stated that districts would be divided equally by units and not be political districts. Councilman Bergsten recommended that a publication be put out about the landfil hours, etc. to the public. Director McIntosh said that this contract would allow for unlimited pickup of household items, excluding building materials. Councilman Bateman stated that if a contract was only for three years, contractor could suffer, as normal use of trucks would be five years. Mr. McIntosh said this was true, and that an addendum could be put on the three year contract to allow for five years. 11190 Councilman Renner said he also felt that bidding should be based on each individual district, even if the contractor was bidding on all of the city. Councilman Renner moved that administration develop a program with up to five districts, consider the efficiency of these districts to solicit bids, and take into account comments made above, and come back with a report to Council; seconded by Councilman Bateman. Adopted by viva voce vote. (75-765) Communication from Robert A. Jamieson, Chairman, Peoria City Bicentennial Commission, regarding FUNDING Mayor Carver recommended $15,00Jbe granted to allow latitude in the Commission's spending and the money come from revenue sharing funds. Councilman Sinclair moved that $6,500 be approved for expenditures already incurred, and that a report be be given to Council on expenses incurred to present, and proposed program for the balance of $7,000; seconded by Councilman Reynolds. Adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Reynolds Sinclair, Sutton, Carver UNFINISHED BUSINESS (75-525) Communication from Corporation Counsel with: AN ORDINANCE ESTABLISHING A DOWNTOWN REDEVELOPMENT AREA Councilman Reynolds pointed out changes that had been made in regard to Downtown Commission handling only the variances for downtown, before it could have applied throughout the city; there had been added a fail-safe process so that members receive notice that a decision is to be made; decisions would be made and referred to City Council for final approva; powers changed to City Council rather than commission, requirement of 2/3's vote for accepting waivers of competitive bidding, and in Sec. 10,conflict of interests changed to include all city personnel. Councilman Reynolds moved for ordinance to be placed upon passage; seconded by Councilman Bateman. Councilman Sinclair stated that under "Definitions", blighted and conservation area was considered not less than 1 1/2 acres, and wondered if this would restrict them when tax increment financing was implemented. Corporation Counsel Teplitz replied that this was in conformance with the tax increment 11191 finance program, that an area could not be less than 1 1/2 acres, a smaller site would not be feasible. Councilman Sinclair asked if Inspections would check out these projects before they are completed; Mr. Teplitz stated they would, this would be an administrative procedure. Councilman Sinclair said she felt the makeup of the committee should include both sexes, and that the administrative personnel should not be part of the commission. Corporation Counsel Teplitz replied that the administrative people would lend insight into the program to the citizen members. Councilman Sinclair said she felt they could sit in and give advice and not be part of the commission, that a precedent was being set. Mayor Carver reminded her that there was administrative people on the Board of Local Improvements, Electrical Commission, Plumbing Commission. Councilman Sinclair replied that there was only one such member on each board. Councilman Sinclair moved that the ordinance be changed to allow the Commission to be constituted of the Mayor, Councilman at large, Second District Councilman, three citizen members, and the Development Coordinator. The Director of Public Works and Director of Urban Renewal Director would serve as ex-officio officers. Quorum would constitute the vote of four members; seconded by Councilman Bateman. ORDINANCE NO. 9740 adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Reynolds, Sinclair, Sutton, Carver Abstention; Renner (75-526) Communication from Director of Urban Renewal regarding WINTERIZATION PROGRAM Councilman Renner suggested that the 10% contingent liabilities y$10,0000) be placed in contractor's fees; Art Rhoades of CAP agreed. Councilman Sinclair moved for approval of the budget submitted by the change recommended by Councilman Renner, fcr the Winterization Program; seconded by Councilman Sutton. Adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Reynolds, Sinclair, Sutton, Carver • • • 11192 (75-687) REPORT BACK from Director of Urban Renewal regarding FUTURE CONSERVATION AREAS Councilman Sinclair moved report be received and filed; seconded by Councilman Bergsten. Adopted by viva voce vote. (75-741) Communication from City Traffic Engineer regarding FULTON STREET PARKING - Adams to Jefferson City Traffic Engineer Hauck explained that this would double the parking spaces, and double yoke meters would be installed. Councilman Bateman asked if there had been any discussion with the merchants. Dave Leitch of Downtown Development said that they had a meeting early in the day with them on the matter; the only concern was that there would be enforcement on daytime parking. Councilman Bateman moved that program be adopted; seconded by Councilman Bergsten. Adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Reynolds, Sinclair, Sutton, Carver (75-752) Communication from Urban Renewal with a REPORT BACK on Recommendation for $4,000 CD Grant to Neighborhood House Association Ron Ulmer, Urban Renewal, said that all the necessary plans had been worked out and that Hoerr Nursery would supply the trees at 50% of the retail cost. Councilman Sinclair moved for the approval of $4,00 for the program; seconded by Councilman Bergsten. Adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Reynolds, Sinclair, Sutton, Carver NEW BUSINESS Councilman Neumiller submitted books on the Peoria Railroad Reorganization Plan if any Councilman wished to review it and invited the Council to meet Saturday at 11:30 at T P & W Headquarters in East Peoria for a ride over to Ft. Madison and back, and learn of the company's plans. 11193 Mike Miller of the Electrical Workers was allowed the floor to discuss the usage of City electrical workers on projects at University and Forrest Hill and University and Glen, as opposed to regular electrical workers. He stated that it was felt this was a permanent type of job and the regular union workers should be doing the work. City Manager Wright explained that the State had contacted them on a last-minute basis, and asked if they could handle this; there was a time limit involved. City Traffic Engineer Hauck stated that temporary installations were made and that the costs were less than $1,500 per intersection. Cost of outside work would require almost 1/3 more than in-house. Mr. Hauck had talked to the business agent and he had agreed the City was within its bounds. Mr. Miller said that he had received a letter from Mr. Leiter and the costs of the project would be more like $5,000 an intersection. Councilman Reynolds moved the administration to report back in one week on the matter in regard to in-house and outside work being done; seconded by Councilman Bergsten. Adopted by viva voce vote. Councilman Sutton moved that a resolution be written commending the Manual High School team, coach and school for the representation in the Mid -State 9; seconded by Councilman Bergsten. Adopted unanmiously by viva voce vote. BILLS Grand total of $481,746.86. Mayor Carver questioned on page 3, Human Resources, purchase of booklets from Chamber of Commerce in amount of $540. City Manager Wright said he would check into the matter. Councilman Bergsten moved for approval of bills; seconded by Councilman Neumiller. Adopted by roll call vote. Yeas: Bateman, Bergsten, Neumiller, Renner, Reynolds, Sinclair, Sutton, Carver • Councilman Bateman moved for adjournment; by Councilman Bergsten. Adopted by viva vcce vote.