City Council

City of Peoria 419 Fulton Street Peoria, IL 61602 Meeting Minutes Tuesday, April 22, 2014 6:15 PM City Hall Council Chambers, Room 400 419 Fulton Street, Peoria, Illinois City Council AGENDAS AND PROCEEDINGS ISSUED BY: BETH BALL, MMC, OFFICE OF THE CITY CLERK CITY HALL, ROOM 401 (309) 494-8565 Agendas/Minutes and supporting documentation are available online at www.peoriagov.org. City Council Meeting Minutes April 22, 2014 A Regular Meeting of the City Council of Peoria, Illinois was held April 22, 2014, at 6:15 P.M., at City Hall, Council Chambers (Room 404), 419 Fulton Street, with Mayor Ardis presiding, and with proper notice having been posted. ROLL CALL Present: 11 - Council Member Akeson, Council Member Grayeb, Council Member Jensen, Council Member Johnson, Council Member Montelongo, Council Member Moore, Council Member Riggenbach, Council Member Spain, Council Member Turner, Council Member Weaver and Mayor Ardis INVOCATION & PLEDGE OF ALLEGIANCE Mayor Ardis requested a moment of silent prayer or reflection , and then he led the Pledge of Allegiance. PROCLAMATIONS, COMMENDATIONS, ETC. Proclamations Great American Clean-Up - April 26, 2014 FEMA National Day of Action - April 30, 2014 Peoria Startup Weekend - May 2-4, 2014 Municipal Clerks Week - May 4-10, 2014 Peoria Craft Beer Week - May 12-18, 2014 Asian Indian Month - May 2014 PRESENTATION RECOGNITION OF THE EDUCATORS OF PEORIA SCHOOL DISTRICT 150 Mayor Ardis acknowledged Peoria School District 150, its Board Members and the Peoria Federation of Teachers. He remarked on the importance of education and to help our community understand what our children were accomplishing, and what the community could do to assist. He commented on the lack of recognition of Peoria's educators. He said there was a lot of expectation placed on teachers, and he remarked how seldom teachers were afforded deserved recognition for their unbelievable contribution . Mayor Ardis introduced the President of the Peoria Federation of Teachers Local 780, Mr. Jeff Adkins-Dutro, Vice President Ms. Debbie Wolfmeyer, Superintendent Grenita Lathan, and the President of School Board District 150 Mr. Rick Cloyd. Mr. Adkins-Dutro expressed his appreciation to the students of Peoria High School for sharing their talents prior to the Regular City Council Meeting, and he thanked the Fine Arts Teacher who prepared the students for this event. He expressed his appreciation to the City of Peoria for affording the opportunity to recognize District 150' s Teachers of the Month. Ms. Wolfmeyer provided an explanation of Peoria's Fine Teachers' Award wherein teachers were nominated monthly by their peers of the Peoria Federation of Teachers. She remarked that these recognitions were given to teachers who went above and beyond, exemplified best practices in teaching , and reached out to the community and parents to get involved in the schools. Recognition was afforded to recipients of the Peoria's Fine Teachers' Award. Mr. Adkins-Dutro expressed his appreciation to Mayor Ardis and to the City of Peoria for Peoria Promise . He remarked that Peoria Promise assisted in sending hundreds of students to Illinois Central College , free of charge Mr. Adkins-Dutro recognized the first recipient of the Partners in Education Award, Dr. Collier. City of Peoria Page 1 City Council Meeting Minutes April 22, 2014 Mayor Ardis expressed gratitude to the students of Peoria High School who performed prior to the Regular City Council Meeting. He recognized the talents of these students who received medals for state performances. MINUTES A motion was made by Council Member Spain, seconded by Council Member Turner, that the minutes of the Regular City Council Meeting held on April 8, 2014, be approved, as printed. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 PETITIONS, REMONSTRANCES & COMMUNICATIONS – CITY OF PEORIA PUBLIC HEARINGS City Manager Patrick Urich explained the process for establishing Special Service Areas. He explained that the scheduled Public Hearings related to the Louisville Slugger Sports Complex (aka Peoria Sports Center) and corresponding Holiday Inn development near the Shoppes of Grand Prairie. He reported that this development project totaled $33.25 million. He said the developer had equity in the project of approximately $6 million with a loan of approximately $17.65 million. He said the developer asked the City of Peoria for conduit financing of $9.6 million in General Obligation Bonds. In order to secure the bond repayment, he said the City proposed six Special Service Areas, which were discrete , geographically defined areas wherein the City had the ability to raise certain taxes in exchange for providing certain services. He explained that in this situation, the City requested Special Service Areas that would only include the five hotel properties around the Shoppes of Grand Prairie and the Peoria Sports Center. He said by having Special Service Areas in place, additional protection was afforded the City. He said a property tax lien would be created, and the liens from the Special Service Areas would be primary liens on the properties. He explained that the developer 's failure to pay those property taxes would allow the City to enforce that lien. He said the developer proposed a $9.6 million bond issuance, which would generate an additional property tax levy of approximately $707,000.00. He said this would be the first property tax levy due. However, he said this levy would be minimized by the sales tax Special Service Areas and the hotel tax Special Service Areas. He reported that the hotel tax on just the hotels around the Shoppes would increase from 6.0% to 9.0%, and the sales tax would increase from 8.25% to 9.25%. He said the hotel and sales taxes would remain unchanged for the rest of the City, including the Shoppes of Grand Prairie. If additional revenues exceed the debt service amount, he said it would not be required for the property taxes to be levied under the Special Service Area. He explained that the process for establishing Special Service Areas were outlined in the Illinois Compiled Statutes, and notices had been issued accordingly. He remarked that the following Public Hearings were also required by law. 14-143 PUBLIC HEARING Regarding the Proposal to Create a PEORIA SPORTS CENTER PROPERTY TAX SPECIAL SERVICE AREA. Council Member Spain moved, seconded by Council Member Jensen, that this Public Hearing be opened at 7:04 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 Following a thrid call for comments from the public, Mayor Ardis requested that the Public Hearing be closed. City of Peoria Page 2 City Council Meeting Minutes April 22, 2014 Council Member Spain moved, seconded by Council Member Johnson, that this Public Hearing be closed at 7:05 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-144 PUBLIC HEARING Regarding the Proposal to Create a PEORIA SPORTS CENTER HOTEL TAX SPECIAL SERVICE AREA. Council Member Spain moved, seconded by Council Member Jensen, that this Public Hearing be opened at 7:05 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 Following a third call for comments from the public, Mayor Ardis requested that the Public Hearing be closed. Council Member Spain moved, seconded by Council Member Johnson, that this Public Hearing be closed at 7:06 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-145 PUBLIC HEARING Regarding the Proposal to Create a PEORIA SPORTS CENTER SALES TAX SPECIAL SERVICE AREA. Council Member Spain moved, seconded by Council Member Turner, that this Public Hearing be opened at 7:06 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 Following a third call for comments from the public, Mayor Ardis requested that the Public Hearing be closed. Council Member Spain moved, seconded by Council Member Turner, that this Public Hearing be closed at 7:07 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-146 PUBLIC HEARING Regarding the Proposal to Create a HOLIDAY INN PROPERTY TAX SPECIAL SERVICE AREA. Council Member Spain moved, seconded by Council Member Riggenbach, that this Public Hearing be opened at 7:07 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 City of Peoria Page 3 City Council Meeting Minutes April 22, 2014 Following a third call for comments from the public, Mayor Ardis requeted that the Public Hearing be closed. Council Member Spain moved, seconded by Council Member Riggenbach, that this Public Hearing be closed at 7:08 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-147 PUBLIC HEARING Regarding the Proposal to Create a HOLIDAY INN HOTEL TAX SPECIAL SERVICE AREA. Council Member Spain moved, seconded by Council Member Jensen, that this Public Hearing be opened at 7:08 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 Following a third call for comments from the public, Mayor Ardis requested that the Public Hearing be closed. Council Member Spain moved, seconded by Council Member Turner, that this PUblic Hearing be closed at 7:09 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-148 PUBLIC HEARING Regarding the Proposal to Create a HOLIDAY INN SALES TAX SPECIAL SERVICE AREA. Council Member Spain moved, seconded by Council Member Moore, that this Public Hearing be opened. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 Following a third call for comments from the public, Mayor Ardis requested that the Public Hearing be closed. Council Member Spain moved, seconded by Council Member Turner, that this Public Hearing be closed at 7:10 P.M. Action Item be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 CONSENT AGENDA ITEMS BY OMNIBUS VOTE, with Recommendations as Outlined: Approval of the Consent Agenda Council Member Turner moved, seconded by Council Member Riggenbach, to approve the Consent Agenda items as outlined in the Council Communications under the Omnibus Vote City of Peoria Page 4 City Council Meeting Minutes April 22, 2014 Designation. Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-149 Communication from the City Manager and Interim Corporation Counsel with a Request to Receive for Information and to Refer to the Legal Department the NOTICE OF LAWSUIT Filed on Behalf of the HUMAN SERVICE CENTER, as Subrogee of BRANDON VAUGHAN, and ICT/IRMS, a/k/a IHASTAFF, as Subrogee of BRANDON VAUGHAN and Against the City of Peoria and the City of Peoria Public Works Department. This Action Item was approved on the Consent Agenda. 14-150 Communication from the City Manager and Community Development Director with a Request to Approve the Revised 2014-2018 HUD CONSOLIDATED PLAN and 2014 ANNUAL ACTION PLAN for Submittal to the Department of Housing and Urban Development (HUD), with a Total 2014 Grant Request of $2,215,827.00. This Action Item was approved on the Consent Agenda. 14-151 Communication from the City Manager and Director of Public Works with a Request to Receive and File the REQUEST FOR STATEMENTS OF INTEREST AND QUALIFICATIONS for the Proposed STORM WATER UTILITY MASTER SERVICES and Authorize the Public Works Department to Solicit Proposals from Consulting Engineers for the Proposed Storm Water Utility Master Services. (Refer to Item #14-124) Council Member Spain expressed the importance of this item, and in light of upcoming discussions relating to combined sewer overflow issues, he moved to defer this matter for two weeks to the May 13, 2014, Regular City Council Meeting. Council Member Spain moved, seconded by Council Member Johnson, that this Action Item be deferred to the City Council, due back on 5/13/2014. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-152 Communication from the City Manager and Director of Public Works with a Request to Approve Payment to VCNA PRAIRIE, INC., in the Amount of $8,300.00, for a Permanent Drainage EASEMENT on a Portion of Parcel 14-05-101-001 for the TOWNLINE ROAD RECONSTRUCTION PROJECT. [District 5] This Action Item was approved on the Consent Agenda. 14-153 Communication from the City Manager and the Chief of Police with a Request to APPROVE the PURCHASE of Sixty (60) GX440 Airlink Verizon 4-G WIRELESS MODEMS for Use in Police Vehicles from CDS Office City of Peoria Page 5 City Council Meeting Minutes April 22, 2014 Technologies, in the Amount of $41,280.00, from Approved Capital Improvement Plan Funds. This Action Item was approved on the Consent Agenda. 14-154 Communication from City Manager and Director of Public Works with a Request for the Following: A. To Accept the LOW BID of R.A. CULLINAN AND SON, INC. a Division of UCM, Inc. and Award a CONSTRUCTION CONTRACT, in the Amount of $4,814,136.78, with an Additional Authorization of $481,413.68 (10% for Contingencies) for the STAGE 3 ORANGE PRAIRIE ROAD EXTENSION PROJECT (NORTH SECTION) Subject to Approval by the Illinois Department of Transportation; and B. To Approve and Authorize the City Manager to Execute ADDENDUM NO. 6 to the Professional Services AGREEMENT with FARNSWORTH GROUP, in the Amount of $492,000.00, for Construction Engineering Services for the STAGE 3 ORANGE PRAIRIE ROAD EXTENSION PROJECT, for a New Total Not to Exceed Contract Amount of $2,991,650.00 Subject to Approval by the Illinois Department of Transportation (Amends 10-187). [District 5] In response to Council Member Johnson, City Engineer Scott Reeise provided a timeline for the completion of the Stage 3 Orange Prairie Road Extension Project, noting a projected completion date of Spring 2015. He provided an overview of the bids received and the differences in funding. He reported that the entire project was funded by a State grant from the State Capital Bill, in the amount of $17.8 million. He said the City was successful in obtaining bids substantially below the estimated amount. He explained that obtaining these lower bids, even with a contingency, left a balance of $370,000.00, which was only eligible for expenses related to the Orange Prairie Project. Council Member Johnson said he would like to proceed with the approval of this item, and he recommended the remaining funds be utilized to expedite the completion of the project for 2014. He explained that with the development occurring within that corridor, it would be helpful to complete this project in 2014. City Engineer Reeise said that could be discussed with the contractor after the award of the contract. Council Member Johnson moved, seconded by Council Member Jensen, that this Contract be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 A motion was made by Council Member Johnson, seconded by Council Member Grayeb, that Addendum No. 6 to the Professional Services Agreement was approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 City of Peoria Page 6 City Council Meeting Minutes April 22, 2014 14-155 Communication from the City Manager and Director of Public Works with a Request to Accept the LOW BID and Approve a CONTRACT with HULSE LAWNCARE, in the Amount of $18,000.00 for the 2014 MOWING OF CITY-OWNED VACANT LOTS. In response to Council Member Moore, discussions were held regarding the contractor accountability for the lots mowed and how to improve this accountability from previous years. Public Works Director Mike Rogers said the vacant lots would be mowed anywhere from 12 times or more over the mowing the season, and he provided an explanation of the level of standard to which the contractor would be held. In conclusion, Council Member Moore asked the citizens of Peoria to report any issues relating to the maintenance of these vacant lots to Peoria Cares at (309) 494-2273. In conclusion, she said she would be monitoring the care of these vacant lots, specifically within the First District. Council Member Moore moved, seconded by Council Member Jensen, that this Contract be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-156 Communication from the City Manager and Human Resources Director with a Request to Authorize Execution of a CONTRACT with RESOURCE MANAGEMENT ASSOCIATES (RMA), in the Amount of $47,694.00, to Administer Fire Captain Promotional Examination. Council Member Montelongo expressed a concern regarding the lack of responses to the Request for Proposals. He said the City should have at least two responses in order to get the best value for the City. Fire Chief Tomlin provided an overview of the process in administering the promotional exams. He said there were generally 40 candidates who participated in the testing, which was a 3-day process. He said the City utilized RMA for the past 10 to 12 years, and was pleased with their service. Discussions were held as to whether this matter could be deferred in order to obtain additional responses to the RFP or to reissue the RFP. City Manager Urich said Council could reject the bid and try to obtain additional proposals. He said Staff could reach out to additional companies and inquire as to their lack of response to the RFP. He remarked that there was a timeframe that had to be adhered to as set forth in the Fire Union Contract. Council Member Montelongo said it was in the City's best interest to obtain at least one additional proposal, which should be part of the City's policy. Mayor Ardis expressed a concern on the timing of the issuance of the exam, and he explained the history the City had with RMA. He remarked that the City utilized other companies in the past that have not worked out and required retesting in the end. Chief Tomlin remarked on the importance of this promotional exam in a Firefighter 's career, and he advised that the Firefighters' contract language included these exams to be offered every so many years. He explained the impact a delay would cause. He said Firefighters prepared and trained 12 to 15 years for this test. In response to Council Member Jensen, he said this process was already behind and going out for other bids would create a timing concern. In light of the timing issue, Council Member Spain recommended utilizing RMA; however, he recommended reviewing the process for future promotion examinations. City of Peoria Page 7 City Council Meeting Minutes April 22, 2014 City Manager Urich provided a rough timeline for reissuing a Request for Proposal, and he noted it would, at minimum, take an additional six weeks to bring this matter back before the City Council. He recommended Staff could reach out to additional vendors and inquire why they had not responded to the RFP and then Report Back to the City Council regarding the same. He said in doing so, bid requirements could be drafted for the next time they needed to issue an RFP for the same thing . Council Member Montelongo said he would agree with approving this item; however, he recommended Staff gathering additional responses from vendors for the next round of examinations. Council Member Montelongo moved to approve the contract with Resource Management Associates (RMA), in the amount of $47,694.00, to administer Fire Captain promotional examinations; seconded by Council Member Spain. Mayor Ardis requested a Report Back regarding other vendors as to why there were no other responses to the RFP. Council Member Montelongo moved, seconded by Council Member Spain, that this Contract be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-157 Consideration of the Following: A. Communication from the City Manager and the Finance Director/Comptroller with a Request to Adopt an ORDINANCE Amending the CITY OF PEORIA GENERAL FUND BUDGET for Fiscal Year 2014 to Recognize the Reimbursement from PEORIA PUBLIC SCHOOL DISTRICT 150 for the Provision of Four Police Officers and the Correlating Increase in Personnel Services. (Budget Amendment requires 2/3 affirmative votes of those voting) B. Communication from the City Manager and the Chief of Police AUTHORIZING the City Manager to enter into the INTERGOVERNMENTAL AGREEMENT with PEORIA PUBLIC SCHOOL DISTRICT 150 to Provide Four Police Officers. Council Member Grayeb expressed his appreciation for the Police Department assisting School District 150 in staffing additional Police Officers at the schools. He remarked that the safety of the children was of great importance in order to provide a good example of safe, learning environments. Council Member Grayeb moved, seconded by Council Member Turner, that this Ordinance be adopted. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 Enactment No: ORD 17,092 City of Peoria Page 8 City Council Meeting Minutes April 22, 2014 14-158 Communication from City Manager and Director of Public Works with a Request for the Following: A. Approve an AGREEMENT with ILLINOIS-AMERICAN WATER COMPANY (IAWC) for City Reimbursement of IAWC Water Main Costs, in an Estimated Not-to-Exceed Amount of $327,800.00, in Association with the Illinois Department of Transportation’s IMPROVEMENT of ALLEN ROAD from Townline Road to South of Alta Road; and B. Approve and Authorize the City Manager to Execute an AGREEMENT with the ILLINOIS DEPARTMENT OF TRANSPORTATION, in an Amount Not to Exceed $355,660.00 for the City’s Participation in Sidewalk, Traffic Signal, and Water Main Costs Associated with the IMPROVEMENT of ALLEN ROAD from Townline Road to South of Alta Road (Location Map Attached); and C. Approve the Attached MFT RESOLUTION, in the Amount of $27,870.00, for the City’s Costs Associated with the Improvement. [District 5] A. IAWC Agreement Approved B. IDOT Agreement Approved. C. MFT RESOLUTION NO. 14-158 Approved. This Agreement was approved on the Consent Agenda. 14-159 Request from the City Manager to ADOPT an ORDINANCE Proposing the Imposition of an Additional SALES TAX within the Existing WESTLAKE SPECIAL SERVICE AREA and Providing for a PUBLIC HEARING and Other Procedures in Connection Therewith . (4th Council District) Council Member Spain expressed his appreciation to the developer of Westlake due to his tremendous efforts in improving the Westlake Shopping Center over the last several years . In response to Council Member Spain, City Manager Urich said this item was only to establish a Public Hearing date of June 24,2014, regarding the proposed imposition of an additional sales tax within the existing Westlake Special Service Area. He said setting a Public Hearing date would provide the developer time to draft a proposal to present to the City Council. Attorney Bob Hall explained that when improvements were made to Westlake, the real estate taxes dramatically increased, which had an effect on the occupancy costs for the tenants. He said the recommendation to increase the sales tax by 0.75% was a way to diminish occupancy costs with the intent to use the proceeds to make upgrades to the northern part of the parking lot. Council Member Spain said his expectation was a reduction in real estate taxes for the tenants, which would be offset by a sales tax increase for the customers who patronize the businesses. Mayor Ardis reiterated that no action was being taken tonight to implement the Special Service Area tax . He said the primary purpose of this item was to set this matter for a Public Hearing on June 24,2014. Council Member Weaver moved, seconded by Council Member Montelongo, that ORDINANCE NO. 17,093 be adopted. The motion carried by the following vote: Yea: 10 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Turner, Weaver and Mayor Ardis Nay: 1- Spain Enactment No: ORD 17,093 City of Peoria Page 9 City Council Meeting Minutes April 22, 2014 14-160 Request from the City Manager to SET THE DATE of May 27, 2014, for the City Council to Consider Adoption of the ORDINANCES Creating the Six (6) SPECIAL SERVICE AREAS for the LOUISVILLE SLUGGER SPORTS COMPLEX. (5th Council District) This Action Item was approved on the Consent Agenda. 14-161 Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Site Plan Review Board to Adopt an ORDINANCE Reducing the 100 Foot CENTERLINE SETBACK REQUIREMENT Along Prospect Road for the Property Located at 717 E. Bittersweet Lane, Peoria, Illinois (PIN 14-22-101-013). (Council District 3). This Ordinance was adopted on the Consent Agenda. Enactment No: ORD 17,088 14-162 Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Zoning Commission and Staff to Adopt an Ordinance rezoning Property from a Class O-1 (Arterial Office) District to a Class C-1 (General Commercial) District for the Property Located at 1310 - 1314 W. Forrest Hill Avenue (14-32-131-007), Peoria, Illinois. Case No. ZC 14-07. (Council District 2) This Ordinance was adopted on the Consent Agenda. Enactment No: ORD 17,089 14-163 Communication from the City Manager and the Interim Corporation Counsel with a Request to DENY the SITE APPLICATION for a Class CG (Gas Station) Liquor License with On-Site Consumption and Retail Sale of Alcohol at FAST STOP, 3606 N. PROSPECT, with Recommendation from the Liquor Commission to DENY. (DISTRICT 3) This Action Item was approved on the Consent Agenda. 14-164 Communication from the City Manager and the Interim Corporation Counsel with a Request to Approve the SITE APPLICATION for a Class B (Restaurant, 50% Food) Liquor License with the Restriction of Sale of Alcohol for On-Site Consumption Only at 3 REALES, 1621 N. KNOXVILLE, with a Recommendation from the Liquor Commission to Approve. (DISTRICT 2) This Action Item was approved on the Consent Agenda. 14-165 Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from Staff to Adopt: A. An ORDINANCE Annexing Property Located North of IL Route 6, South of Alta Lane, East of Radnor Road, Along the West Side of Allen Road, Commonly Known as the GLENHAVEN SUBDIVISION, and B. An ORDINANCE Annexing Property Located North of IL Route 6, West City of Peoria Page 10 City Council Meeting Minutes April 22, 2014 of Allen Road and South of Alta Lane, commonly known as WILDER-WAITE ELEMENTARY SCHOOL, Property Identified as Parcel Identification Numbers 09-31-102-004 and 09-31-102-005, with an Address of 10021 N. PACIFIC STREET, Peoria, Illinois 61615 . This Ordinance was adopted on the Consent Agenda. Enactment No: ORD 17,090 & ORD 17,091 14-166 Communication from the City Manager and the Interim Corporation Counsel with a Request to Approve the SITE APPLICATION for a Class E-1 (Private Club Over 200) Liquor License with On-Site Consumption and Retail Sale of Alcohol at the JOHN C. PROCTOR ENDOWMENT HOME, 2724 W. RESERVOIR BLVD., with a Recommendation from the Liquor Commission to Approve. (DISTRICT 4) This Action Item was approved on the Consent Agenda. 14-167 Communication from the City Manager and the Interim Corporation Counsel with a Request to Approve the SITE APPLICATION for Class E-1 (Private Club Over 200) Liquor License with On-Site Consumption and Retail Sale of Alcohol at the CONTEMPORARY ART CENTER OF PEORIA, 305 SW WATER, UNIT 2A, with Recommendation from the Liquor Commission to Approve. (DISTRICT 1) After inviting and encouraging the City Council and the public to visit the Contemporary Art Center of Peoria noting there were a number of phenomenal artists and exhibits, Council Member Moore moved to approve the Site Application for a Class E-1 (Private Club over 200) liquor license with on-site consumption and retail sale of alcohol at the Contemporary Art Center of Peoria, 305 SW Water, Unit 2A. Council Member Moore moved, seconded by Council Member Turner, that this Action Item be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-168 APPOINTMENTS by Mayor Ardis to the ADVISORY COMMISSION ON HUMAN RESOURCES with a Request to Concur: Ms. Amy Eckardt (Voting) - Term Expiration June 30, 2017 Mr. Patrick Kirchhofer (Voting) - Term Expiration June 30, 2017 Mr. Brett Kolditz (Voting) - Term Expiration June 30, 2017 Mr. Josh Moore (Voting) - Term Expiration June 30, 2017 Ms. Nancy Venzon (Voting) - Term Expiration June 30, 2017 Council Member Moore remarked that Mayor Ardis had reached out to the City Council seeking input for appointments to various Commissions in order to obtain more diverse group of candidates; however, she inquired whether there was an established process in ensure this diversity. City Manager Urich said when it came to various citizen Commissions, the City had an open door policy and encouraged any and all interested parties to apply. He said the application process simply required a citizen to express an interest and to submit a resume. He advised that notice of vacancies were posted on the City's website. City of Peoria Page 11 City Council Meeting Minutes April 22, 2014 Mayor Ardis said Commission information was available on the City's website at http://www.peoriagov.org/committees-commissions/. He said vacancies generally occurred during the spring months, and he added his intention was to create diversity within the Commissions. Council Member Moore moved, seconded by Council Member Grayeb, that this Appointment be concurred. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-169 APPOINTMENT by Mayor Ardis to the METROPOLITAN AIRPORT AUTHORITY BOARD with a Request to Concur: Mr. Frank Crespo (Voting) - Term Expiration June 30, 2019 This Action Item was approved on the Consent Agenda. 14-170 Communication from the City Treasurer Regarding the MARKET VALUE of the PEORIA POLICE PENSION FUND as of MARCH 31, 2014, with Request to Receive and File. This Action Item was approved on the Consent Agenda. FIRST READINGS 14-171 Communication from the City Manager and Director of Public Works Requesting a FIRST READING Review of the SIDEWALK POLICY Amending Policy #10-087 to Add Curb Participation within the Existing Sidewalk Policies. Council Member Grayeb expressed his appreciation for bringing this item to the City Council. He remarked that there had been previous discussions regarding the need to address the City 's curbs, which had been neglected for quite some time. Public Works Director Rogers said Public Works had received numerous requests to fix the curbs throughout the City. He said this proposed policy would provide for such a program. He said the Curb Participation would be SO/50 match program wherein the City and the property owner would each contribute to 50.0% of the cost of fixing the curb. He said any property owner with a curb issue should contact the City through Peoria Cares at (309) 494-2273, or himself directly at mrogers@peoriagov.org or (309) 494-8800. He said the Curb Participation was on a first-come, first-serve basis, and any requests made to the City would be reviewed and placed on the project list. He advised that interested citizens should contact the City in order to schedule an appointment. He remarked that the dates of the program were shortened from October to August in order to allow for enough time to complete the pending projects by winter. He remarked that any application that came in after completion of this years ' project would be placed on next year's list. He said information would be distributed to the neighborhood associations immediately. Council Member Grayeb moved, seconded by Council Member Moore, that this Action Item be placed on regular business on the May 13, 2014, City Council Agenda. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-172 Communication from the City Manager Requesting a First Reading of an City of Peoria Page 12 City Council Meeting Minutes April 22, 2014 ORDINANCE Amending Chapter 2 of the Code of the City of Peoria Pertaining to the Creation of the PEORIA PUBLIC ARTS ADVISORY COMMISSION. Council Member Weaver moved, seconded by Council Member Spain, that this Action Item be placed on regular business to the City Council, due back on 5/13/2014. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 REGULAR BUSINESS ITEMS, with Recommendations as Outlined: 14-173 Communication from the City Manager with a Request to Accept an Offer from the AFRICAN AMERICAN HALL OF FAME to Lend the City, for Placement at the Corner of State Street and Washington Street, a Statue of RICHARD PRYOR. (1st Council District) Council Member Moore extended her gratitude to the African American Hall of Fame Museum and to Preston Jackson for donating the statute of Richard Pryor. Mayor Ardis granted Privilege of the Floor to those citizens who wished to address this item . Mr. Preston Jackson said he began this project seven years ago. He commented on the legendary life of Richard Pryor noting his notoriety throughout the country and the world. He commented on the completion stage of the statute noting that the modeling was complete, but he said he was looking for additional funding for the casting of the statute. Council Member Moore commented that Richard Pryor was more than just a comedian, she said he inspired people to think about the human condition. Mayor Ardis recognized one of the founders of the African American Hall of Fame , Mr. Junior Watkins, who introduced Mr. Howard Johnson. Mr. Howard Johnson expressed his appreciation for the opportunity to speak to the City Council. He said this statute would be an asset to the waterfront creating tours and publicity for the City. Mayor Ardis recognized Mr. Preston Jackson, noting his notoriety as an artist from the Peoria area , known world-wide, and that the City of Peoria was fortunate to be able to have Richard Pryor memorialized. Mr. Kevin Kizer said donations to the project could be made at recognizerichard.com. Council Member Moore recognized all the members from the African American Hall of Fame and thanked them for their efforts. Council Member Moore moved, seconded by Council Member Turner, that this Action Item be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-174 Communication from the City Manager with a Request to Accept an Offer from PRESTON JACKSON to Lend the City, for Placement in the 600 Block of SW Washington Street, a STAINLESS STEEL STATUE Highlighting Women’s City of Peoria Page 13 City Council Meeting Minutes April 22, 2014 Contributions to Societal Change. (1st Council District) Council Member Moore expressed her appreciation and said it was a priVilege to have another piece by Preston Jackson to display in the First District. Council Member Moore moved, seconded by Council Member Turner, that this Action Item be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-175 Communication from the City Manager and Community Development Director with a Request to Approve the Recommendation from the Human Resource Commission for 2014 CDBG PUBLIC SERVICE FUNDING, in the Total Amount of $237,285.00. In response to Council Member Moore, Community Development Director Slack said that the 2014 CDBG Public Service Funding was on a two-year funding cycle as established by the City Council, not by federal regulations. He said a formal report was part of the annual report the City submitted to HUD entitled the CAFR, which would be made available to the City Council upon request. He said the City Council would be able to change that cycle. He said if a program performed poorly, it was part of the agreement that the City would not continue funding for that program. Council Member Grayeb moved, seconded by Council Member Riggenbach, that this Action Item be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-176 Communication from the City Manager and Community Development Director with a Recommendation to ENACT a MORATORIUM on the ENFORCEMENT of Certain Regulations Related to the ANIMATION OF SIGNS. Community Development Director Ross Black commented that this was the next step in the discussion of animated signs. He said Staff was looking for an opportunity for a more comprehensive text amendment. He said should the City Council approve this item, City Staff would not enforce violations of the City Code Sections outlined in the Council Communication until December 31,2014, or when a comprehensive change to the sign ordinance was adopted. Discussions were held regarding the support of this item with a fairly soon end date versus the December 31, 2014. Council Member Riggenbach moved, seconded by Council Member Weaver, that this Action Item be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-177 Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Zoning Commission and Staff to Adopt an Ordinance Rezoning Property from a Class P-1 (Parking) District to a Class R-4 (Single-Family Residential) District for the City of Peoria Page 14 City Council Meeting Minutes April 22, 2014 Property Located at 602 W. Nebraska Avenue (Parcel Identification Number 18-04-101-035) and Parcel Identification Number 18-04-101-030 and Amending Existing Special Use Ordinance 16,230 and Special Exception Ordinances 11,700 and 11,344, with a Special Use for a Public School to Construct Accessory Athletic Facilities in an R-4 (Single-Family Residential) District for the property located at 1803, 1805, 1809, 1811, 1812, 1813, 1815, 1819, & 1820 N. Ellis Street; 410, 412, 414, 416, 420, 424, 430, 434, 506, 510, & 602 W. Nebraska Avenue; 1615, 1701, 1716, 1720, 1801, 1811, 1813, 1817, & 1821 N. North Street; and 501 W. Richmond Avenue (Parcel Identification Numbers 18-04-101-021, -022, -024, -025, -028, -029, -030, -033, -034, -035; 18-04-102-005, -006, -007, -008; 18-04-103-003, -005, -006, -007, -008, -009, -010, -016, -023, -024, -025, -026, -028, -045, -048, -049, -050; 18-04-126-019, -020, -021), Peoria, IL. ZC Case No. 14-05B (Council District 2). Council Member Grayeb mentioned that this project would one day become a legacy project designed to administer to the needs of the students of Peoria High School, and the heart of the City of Peoria. He expressed enthusiasm toward this project noting it would keep kids engaged and motivated in school . He said the money being spent on this project would only go toward capital projects. Dr. Grenita Lathan, Superintendent for School District 150, recognized the Board Members of District 150. She expressed gratitude toward Mayor Ardis and Council Members whoparticipated in the Peoria Council for Improvement that helped make the needed changes at Peoria High. She said Principal Brett Elliott, ComptrollerlTreasurer Dave Kinney and Peoria High Senior Treyvon Cooper were present to express their support of the project. Principal Brett Elliott provided a presentation of the project for athletic facilities around Peoria High School. He explained the importance of expanding the athletics fields and noted the money used for the project were State Capital dollars. ComptrollerlTreasurer Dave Kinney expressed his appreciation to Council Member Grayeb for his support and encouragement in this project. He explained the need for the expansion and the positive impact it would have on the students at Peoria High. He provided some bUdgetary amounts noting the initial $1 million was to begin the project. He reiterated that the money came from State Capital dollars , which could only be spent on capital projects. He reviewed the process of the project and provided some preliminary bUdget numbers. He expressed his appreciation to Superintendent Lathan and the District 150 School Board for their involvement in the project. Council Member Grayeb recognized and thanked Mayor Ardis for placing a strong focus on education within the Peoria community. Treyvon Cooper, a senior at Peoria High School, spoke of his experience as a student of Peoria High , and he expressed a need for the project. Council Member Riggenbach said there were a number of remarkable things happening within School District 150, and he said the cooperation reignited between the City and District 150 was something to take great pride in. He said when the School District was ready to focus on the Peoria Stadium, he offered his full cooperation as a Council Member in order to engage the community in that project. He said discussions surrounding the Peoria Stadium would not take place right away, but he said he would assist facilitating that discussion and engage the community when ready. Theresa Harper, teacher/librarian and girls softball coach at Peoria High School, explained the need for sports fields near the school, and she expressed the current dangers and inconveniences of having to commute for practices. She said the development of the athletic field would make students more prideful in their school. She said this project would positively impact the students academically as well. Council Member Grayeb recognized Dr. Kinney and his impact within School District 150. City of Peoria Page 15 City Council Meeting Minutes April 22, 2014 Dr. Kinney said in response to Council Member Akeson, Peoria High would need an additional grounds person once this project was complete. He said for the first year the fields would be maintained by the builder in order to provide a good fresh start for the fields. In regards to the trees and brush removed from Peoria High School, the City made an agreement with the Illinois Department of Transportation that the number of trees removed would be equally replaced . He remarked Peoria High was a beautiful view upon approach over Interstate 74. Council Member Grayeb moved, seconded by Council Member Jensen, that ORDINANCE NO. 17,094 be adopted. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 Enactment No: ORD 17,094 14-178 Communication from the City Manager and the Interim Corporation Counsel with a Request to Approve the RESOLUTION Approving SITES Located in the City of Peoria, Peoria County, Illinois to be Acquired, Altered, and Improved by the Public Building Commission of Peoria County, Illinois and Leased by the Commission to the Board of Education of the City Of Peoria, SCHOOL DISTRICT NUMBER 150, Peoria County, Illinois - PEORIA HIGH SCHOOL. Mayor Ardis discussed the need for Rat Abatement when demolishing the homes within the area. He said it should be a proactive situation regarding abatement. Council Member Grayeb said the Neighborhood Association wanted to be assured that when the homes were torn down, their pest issue would be addressed. Council Member Grayeb moved, seconded by Council Member Jensen, that RESOLUTION NO. 14-178 be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-179 Communication from City Manager and Director of Public Works with Request to Adopt an Ordinance VACATING a Portion of ELLIS STREET from the Southern Side of Nebraska Avenue to Woodruff Boulevard; a Portion of WOODRUFF BOULEVARD from the Southern Side of Nebraska Avenue to the Eastern Side of the North-South Alley between Ellis Street and Sheridan Road; a Portion of the East-West Alley South of Lots 14-27 Along Nebraska Avenue and a Portion of the North-South Alley West of Lots 1-6 Along North Street; and a Portion of the North-South Alley East of Lot 20 and West of Lots 12, 13, and 21 Along North Street; And Four Alleys in the Northwest Corner of Richmond Avenue and North Street. (Exhibits Attached). [District 2] Council Member Grayeb moved, seconded by Council Member Jensen, that ORDINANCE NO. 17,095 be adopted. The motion carried by the following vote: City of Peoria Page 16 City Council Meeting Minutes April 22, 2014 Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 Enactment No: ORD 17,095 14-180 Communication from the City Manager and the Interim Corporation Counsel with a Request to APPROVE the SITE APPLICATION for a Class A (Tavern) Liquor License with On-Site Consumption and Retail Sale of Alcohol and to DENY a Subclass 1A (2:00 A.M. Closing Hours) at CHAMP’S WEST, 515 N. WESTERN, with a Recommendation from the Liquor Commission. (DISTRICT 2) Council Member Grayeb moved, seconded by Council Member Turner, that this Action Item be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 UNFINISHED BUSINESS (Including but not limited to motions to reconsider items, if any, from the previous Regular Meeting) 14-037 Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Planning Commission and Staff for the Following: A. To Approve a RESOLUTION Approving an Annexation Agreement; B. To Approve a RESOLUTION to Amend the OFFICIAL COMPREHENSIVE PLAN for the City of Peoria to Change the Future Land Use Designation of Property Currently Designated Low Density Residential to High Density Residential; C. To Adopt an ORDINANCE Annexing the Property Generally Located West of IL Route 91, North of Parcel Identification Number 08-35- 300-008, East of Orange Prairie Road Extended, and South of Parcel Identification Number 08-35-300-028. And To Concur with the Recommendation from Staff, with No Recommendation from the Zoning Commission Due to a Tie Vote for the Following: D. To Adopt an ORDINANCE Amending APPENDIX B, the Zoning Ordinance of the City of Peoria, Rezoning Property from the Present Class R-3 (Single Family Residential) District to a Class R-6 (Multi-Family Residential) District; All for the Property Identified as Parcel Identification Numbers 08-35-300-006, 08-35-300-020, 08-35-300-022, and 08-35-300-029, Peoria, Illinois. City of Peoria Page 17 City Council Meeting Minutes April 22, 2014 Council Member Johnson moved, seconded by Council Member Jensen, that this Action Item be deferred to the City Council, due back on 5/13/2014. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 14-113 Communication from the City Manager and Public Works Director with Supplemental Information to the Request to Approve the Following: A. MASTER PROFESSIONAL SERVICES AGREEMENT with TERRA ENGINEERING, LTD., to Provide LAND ACQUISITION SERVICES to the City of Peoria on Various Projects; and B. RESOLUTION Authorizing the CITY MANAGER to Execute the CONSTRUCTION ENGINEERING SERVICES AGREEMENT with the Illinois Department of Transportation for the Use of MOTOR FUEL TAX FUNDS. Council Member Grayeb moved, seconded by Council Member Weaver, that this Resolution be approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 A motion was made by Council Member Grayeb, seconded by Council Member Jensen, that RESOLUTION NO. 14-113 was approved. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 NEW BUSINESS Monthly Breakfast Chat, May 8,2014 Council Member Turner announced that the May 8,2014, Breakfast Chat would be held at the East Bluff Community Center, formerly known as St. Bernard's. He said this chat would highlight the Senior's Advance Programs and introduce a number of Park District Programs that would be held at the East Bluff Community Center. He said the Breakfast Chat would be held Thursday, May 8, 2014, from 7:30 A.M. to 9:00 A.M. sponsored by the Forrest Hill United Methodist Church with special guests, activities, and tours of the facility. Resident Officer Program in the First District Council Member Moore expressed concern the home being considered for the Resident Officer Program in the First District fell through. She commented there had been discussions for approximately the last six months about establishing a resident officer within the First District. She remarked on the importance of getting more aggressive in finding a home and establishing a Resident Officer. Police Chief Settingsgaard said the home they were interested in had sold. He said they were currently City of Peoria Page 18 City Council Meeting Minutes April 22, 2014 looking for another house to utilize. He said once a house was found, it would take a few months to get the Resident Officer Program up and running. Council Member Moore requested weekly updates on the efforts of establishing a Resident Officer within the First District. She remarked there was a home the PCCEO built that was vacant and could be utilized. Wisconsin Avenue Business Corridor Design Workshop Council Member Riggenbach announced that next Tuesday, April 29, 2014, at the East Bluff Community Center, a Neighborhood Design Workshop was scheduled regarding the Wisconsin Avenue Business Corridor. He said the walking tour would begin at 5:30 P.M. and the Design Workshop, which would be facilitated by the Farnsworth Group, would begin at 6:30 P.M. Stonegate Avenue Council Member Riggenbach thanked Director Rogers and Staff for their efforts with the Stonegate Avenue Residents with all the storm water issues that came about the last couple of weeks. He said he was looking forward to continuing the stormwater management discussion. Fourth District Neighborhood Breakfast Council Member Montelongo announced that he would be hosting his monthly breakfast on May 1,2014, at 7:30 AM. at Panera located at Westlake Shopping Center. He encouraged all citizens of the Fourth District to attend. Peorian Participants in the Boston Marathon Mayor Ardis announced that a number of Peorians participated in the Boston Marathon yesterday , specifically recognizing Community Development Director Ross Black 's wife who participated in the run and who was also a St. Jude's runner. Removal of Yard Signs Council Member Montelongo requested Community Director Ross Black address the number of yard signs displayed throughout the City, but specifically noted Orange Prairie Road, War Memorial, and around Glen Hollow. He asked Director Black to contact these business owners and have them remove these signs. He said he personally made some phone calls to these business owners, and the signs still remained. Discussion Regarding the TWITTER ACCOUNT in Mayor Ardis' Name Council Member Weaver expressed concern regarding the actions taken after it was learned there was a phony Twitter account bearing Mayor Ardis' name, using a picture of him, and listing his email address . He discussed the timeline of events and expressed further concern with actions taken by the City Manager, the Police Chief, and local Judges pertaining to search warrants that were issued. He indicated he did not understand how the situation ended with a drug arrest of the owner of the house where the Twitter account originated. He also questioned the details of the case, but was referred by the Interim Corporation Counsel to the States Attorney's Office for interpretation, because the incident was still being investigated. Police Chief Settingsgaard explained the search warrant process and, in response to questions by Council Member Weaver, stated there was an ongoing investigation so further information should not be shared in an open forum. Council Member Akeson also expressed concern regarding the issue and how it was handled. She indicated she was dismayed about the national media attention this incident had attracted and the negative attention the City of Peoria had received. Council Member Montelongo expressed further concern regarding the actions used against the pranksters. He said there were ways to shut down Twitter accounts and he mentioned an email regarding this issue he had received. City of Peoria Page 19 City Council Meeting Minutes April 22, 2014 In further discussion, City Manager Patrick Urich explained his actions regarding what he felt was criminal activity. He said Twitter was contacted and eventually the account was shut down . Discussion was held regarding the lines of communication between the Legal Department, the City Manager, and the Police Department, and how they could be strengthened. Discussionwas also held regarding chain of command and how decisions were made in situations like this one. Council Member Weaver expressed concern that similar Police situations had occurred in the past. He also indicated a concern regarding what the potential cost could be to the City. Mayor Ardis discussed the phony Twitter account, the media reports regarding this issue, and criticism he had received regarding the First Amendment. He explained that he felt what had been written was illegal. He indicated he welcomed criticism regarding his performance as the Mayor, which he felt would result in better government. He said what was printed was insulting, scurrilous, sexual vitriol that had nothing to do with his position as Mayor. He explained his personal reactions as it related to his family and himself, and he felt he was a victim of filth. He said there was an investigation to determine whether his identity had been illegally stolen or if this was considered to be an impersonation of a public official . He indicated he did not know where the process would lead, but it would run its course. He said he welcomed citizens' input and ideas regarding this situation and for suggestions for future community discussions. CITIZENS' OPPORTUNITY TO ADDRESS THE CITY COUNCIL/TOWN BOARD Hearing no objection, Mayor Ardis granted Privilege of the Floor to those citizens wishing to address the City Council/Town Board. Ms. Amber Asher, a Peoria resident, spoke regarding the recent events that surrounded a Twitter account, and said she disagreed with how the City handled the matter. Mr. Greg Daniel, a Peoria resident, spoke regarding the recent events that surrounded a Twitter account , and said he disagreed with how the City handled the matter. Mr. Savino Sierra, a Peoria resident, spoke regarding the recent events that surrounded a Twitter account, and remarked that he approved of how the City handled the matter. He requested that the speed limit on Stanley Street on the Southside be lowered. He said he was aware of homes that were available for a Resident Officer on the Southside. He also commented on the potholes that needed repaired. Ms. Caroline Elliott, a Peoria resident and grandmother of the individual involved with the Twitter account, said she disagreed with how the City handled the matter. Ms. April Clemmons, a Peoria resident, spoke regarding the recent events that surrounded a Twitter account, and noted she recently created a similar Twitter account. She said she hoped these events would lead Peoria into the direction on how to handle these types of situations. She said she disagreed with how the City handled the matter. Ms. Jessica Benassi, a Peoria resident, said the City needed to enhance its Public Relations. She remarked that social media was a way people communicated in today 's society. She remarked on the importance of taking control and overseeing the City 's own social media. She said she was an advocate for the City to develop a social media plan. Reverend Greg Lynn, a Peoria resident, said he would like to appeal for peacemaking in light of the Twitter events and remarked that he disagreed with how the City handled the matter . Ms. Lavetta Ricca, a Peoria resident, said she has been a resident of Peoria for 76 years and said she was not ashamed of her City and that she approved of how the City handled the matter regarding the City of Peoria Page 20 City Council Meeting Minutes April 22, 2014 Twitter account. She remarked on the importance of individuals taking responsibility for their actions. EXECUTIVE SESSION Consideration of a Motion to enter 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; 2(c)(21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi -annual review of the minutes as mandated by Section 2.06. Council Member Turner moved to enter into an 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; 2(c)(21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semiannual review of the minutes as mandated by Section 2.06; seconded by Council Member Moore. Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 ADJOURNMENT A motion was made by Council Member Johnson, seconded by Council Member Spain, that this was meeting be adjourned at 10:38 P.M. The motion carried by the following vote: Yea: 11 - Akeson, Grayeb, Jensen, Johnson, Montelongo, Moore, Riggenbach, Spain, Turner, Weaver and Mayor Ardis Nay: 0 City of Peoria Page 21