OFFICIAL MINUTES OF THE CITY COUNCIL

 OF THE CITY OF WEST PEORIA, ILLINOIS

TUESDAY, JANUARY 27, 2009

7:00 P.M.

WEST PEORIA CITY HALL

     2506 W. ROHMANN AVENUE, WEST PEORIA IL

   A Regular Meeting of the City Council of West Peoria, Illinois was held at the West Peoria City Hall

   on January 27, 2009.

   1. CALL TO ORDER

        Meeting was called to order at 7:00 p.m. by Mayor Dillon.

   2.  PLEDGE OF ALLEGIANCE

        The Pledge of Allegiance was led by Mayor Dillon

   3.  ROLL CALL

        The following members were present: Alderman Dohm, Alderman Ganson, Alderman

        Mathewson, Alderman Meismer, Alderman Roberts, Alderwoman Thomas and Alderman

        Venzon. Also present: Mayor James Dillon, Attorney Bill Connor, City Administrator John

        Carlson. City Treasurer Jennifer Main and City Clerk Carole Stephens.

        Residents: Township Supervisor Bob DeSutter and Rolland Reinhart.

        Absent was Alderman Dwyer

    4. ADDITIONS AND OR DELETIONS FROM AGENDA

        City Administrator said that the Finance Committee for February 3, 2009 was moved

        to 5:00 p.m.

    5. APPROVAL OF MINUTES

        Motion to approve the Minutes from the January 13, 2009 City Council Meeting was made

        by Alderwoman Thomas and seconded by Alderman Ganson.

        ROLL CALL VOTE Ayes – 7 Thomas, Ganson, Dohm, Mathewson, Meismer, Roberts,

        Venzon    

        Nays – 0

        Absent 1 Alderman Dwyer

        Motion Carried

    6. COMMUNITY POLICE REPORT

        Officer Chris Watkins said that the County Officers did a search at 117 N. Cedar Avenue

        in the upstairs apartment and there were drug activities going on. The fficers got a

        Search Warrant and confiscated a lot of heroin. Officer Watkins said that he is working with

        the landlord and in the process of doing an eviction as soon as possible.

        The last week there were burglaries on Moss Avenue, Kellogg Avenue and Ayres Avenue.   

        All but one has been solved. The same person was responsible for all of the burglaries except

        one. This is the same person who robbed the ITOO Hall. He also confessed to 20 to 25 more

        burglaries. Some were in West Peoria. He confessed to two residential burglaries that were not

        reported.  Officer Watkins: It pays to report a burglary or theft no matter how small. Mayor

        Dillon thanked Officer Watkins for doing such a good job.

   7.  MAYOR’S REPORT

        Mayor Dillon said that the City received a Thank You Card from the Friends of Clonmel

        for the donation made to them by the City of West Peoria. The total number of band members

        is 109. There will be 20 people accompanying the Band and approximately 15 members

        from the Twining Committee, this committee is the Sister City to the City of Peoria.

        Last week I attended the Lions Club Meeting and both the City and Lions Club presented a  

        check for Clonmel’s Marching Band to Leo Jordan.  The Lions Club in Clonmel is very proud   

        to have their band march in our 4th of July Parade.

        The City of West Peoria and the West Peoria Township met this evening. The Building  

        Committee is going to meet with an architect to help us design a building. They will report

        back to the council on the information.

   8.  TREASURER’S REPORT

        Jennifer Main, City Treasurer passed out the Treasurer’s Report for the months of:

        October 2008, November 2008 and December 2008. The reason for the three months:

        October and November did not print out right and December’s meeting was cancelled.

        A motion to receive and file the October, November and December 2008 Treasurer Reports

        was made by Alderman Mathewson and Seconded by Alderman Roberts.

        ROLL CALL VOTE Ayes – 7  Mathewson, Roberts, Dohm, Ganson, Meismer, Roberts,

        Thomas, Venzon

        Nays – 0

        Absent – 1 Dwyer

        Motion Carried

    9. PUBLIC COMMENT

        None.

  10. A MOTION TO APPROVE RESOLUTION 2009-02 APPROVING THE

        RETIREMENT PLAN AMENDMENT was made by Alderman Mathewson and

        seconded by Alderman Dohm.

    Discussion:  

        Attorney Connor: These are just regulatory changes from Washington.  It does not change

        the Plan in any real significant way.  There are some definitional changes we had to

        incorporate otherwise the documents before the council is as close to what we already had  

        that could possibly be have, given the tinkering at the IRS and  Congressional level.

        ROLL CALL VOTE Ayes – 7 Mathewson, Dohm, Ganson, Meismer, Roberts, Thomas,

        Venzon.

        Nays – 0

        Absent – 1 Dwyer

        Motion Carried

  11. MOTION TO APPROVE THE CITY WIDE CURBSIDE GARBAGE PICK UP

        FROM WASTE MANAGEMENT was made by Alderwoman Thomas and seconded

        Alderman Meismer.

        Discussion:  Alderwoman Thomas said that the Public Safety Committee finalized the City

        Wide Curbside Garbage Pick Up program and brought it to Council tonight for the Council’s

        approval. If approved, Waste Management will send out announcements to all the residents

        that are involved. Then one week prior to the start date Waste Management will send out

        post cards reminding them.

        Dave Schaab, Waste Management, said that based on the success of the Curb Side Test Run

        there will be three alleys that will be involved in this program: there are a few residential

        houses facing Western Avenue, also, the 100 block of S. Cedar and Arthur Avenue because

        of the large slope in their front yard. Cedar and Arthur share the same alley. The block of

        2100 Iowa Avenue also has a large slope in their front yard. All three of these alleys are

        serviceable. Dave Schaab stated that Waste Management will work with the residents that

        have disabilities on individual basis to make sure that we meet their individual needs.

        The start date for Curbside Pick Up will be the week of April 6th, 2009.

        Mayor Dillon asked when the Clean Up for West Peoria is scheduled. Township Supervisor

        De Sutter stated April 25.

        Mayor Dillon: That’s good we will be able to clean up the alleys.

        Alderman Roberts asked about living on the corners of Heading and Laura and Waverly

        Avenue, Waverly Avenue is easier for the residents. Dave Schaab said that would not be a

        problem.

        ROLL CALL VOTE Ayes – 7 Thomas, Meismer, Dohm, Ganson, Mathewson, Roberts,

        Venzon

        Nays – 0

        Absent –1 Alderman Dwyer

        Motion Carried.

  12. DISCUSSION ONLY

        3106 Farmington Road – Biddison Auto Sales

        Mayor Dillon started the discussion by stating Mr. Biddison wanted to annex into the City

        of West Peoria. His business is adjacent to Oscar’s Restaurant. A number of years ago  

        Oscar’s annexed into the City of West Peoria. Mr. Biddison is currently running an auto

        body shop out of the building on the back of this property and a gentleman is running a used  

        car and cycle dealership out of the building on the front of the property. Mr. Biddison’s

        reason for wanting to annex into West Peoria is that he is going to run both businesses

        himself.

        Gene Pratt said now is the opportunity for the council to ask questions or seek an

        explanation, it might be easier than next week. Alderman Dohm is as familiar with this issue

        as anyone on the council, he could help answer questions   

        Alderman Venzon asked Mayor Dillon about the Special Meeting February 3, why are

        we doing all of this in one night?

        Alderman Dohm answered: to expedite the transition so Mr. Biddison can sell cars again.

        Mayor Dillon: We have drug our feet on this. Mr. Biddison came to us in late November, this 

        was supposed to have been done and voted on before now.

        Alderman Venzon: My concern is the appearance of “ramming” something through. We

        agreed that this would not be done again and now we are having three different entities in

        one night. This is everything we have been accused of doing and have been accused of

        planning to do. This looks really bad to do this all in one night as opposed to follow the time

        line.

        Mayor Dillon said if we would have had all of our things done, then it would have already

        been completed.

        Alderman Venzon: I understand that.

        Mayor Dillon: I was doing what the petitioner had requested, he originally was told that

        this would be done and he called me a few weeks ago, I had to speed things up, because until  

        this is completed he can’t run his operation out of there.

        Alderman Venzon:  He can’t sell his cars, but he can still do his autobody?

        Mayor Dillon: Yes.

        Alderman Venzon: This is not the way West Peoria should be doing business. Irregardless

        who made the mistake, the way to correct this is due process. While this is the letter of the

        Law, I am sure Attorney Connor has approved this, which is by the letter, it is certainly not

        the spirit and not the way the City should be doing business.

        Attorney Connor: The matters are pretty simple, the other aspect is that the City and Council

        needs to hold a Public Hearing on the issue of annexing that is the key to get them out of the

        County’s jurisdiction.

        Alderman Roberts: This may all be legal, my concern in the perception of the residents, if

        residents perceive and we hear this “what are you trying to ram in again” we are back to

        where we were a few months ago.

        Alderman Dohm: This is different because they are not a part of West Peoria yet. We will

        have to make it a part of West Peoria first.

        Mayor Dillon: We dropped the ball and all I am trying to do is speed things up.

        Alderman Venzon: I really appreciate what you are trying to do, but it just doesn’t look right.

        Attorney Connor: There are sales going on now, right?

        Mayor Dillon: No, the gentleman moved out and you have to have the zoning to get your

        State License. This is quite a procedure.

        Alderman Dohm: Annexation is one thing and Special Use is so he can do what he wants

        to do. This is completely two different things. Either one should take longer than one

        meeting, but I do know that Mr. Biddison has approached us a long time ago.

        Mayor Dillon: If we put off one meeting, then we would have to have a Special City Meeting.

        Attorney Connor: The two zoning bodies do not have to meet before we annex them. We  

        can do our thing first.

        Alderman Dohm: He can’t get a license to sell cars when it is not zoned. This is what the

        Special Use is for. West Peoria does not allow Auto Sales in any of our zoning. Everything

        has to be Special Use. Attorney Connor suggested that we leave it Special Use. I was

        suggesting that we amend the Ordinance to allow auto sales as a Permitted Use in a B-2. But

        several said that the City would rather have control of the auto sales, so leave it as a Special Use  

        only.

        Attorney Connor: I’m guessing the State is not going to accept our letter explaining that Mr.

        Biddison has an existing use and can operate pending the formal approval.

        Alderman Dohm: Technically this has already been posted.  It went through Land Use, it has

        been through Planning at least once and maybe twice. We are not springing this on anyone.

        Alderman Venzon: It just doesn’t feel right to do it all on one night.

        Mayor Dillon: The meeting is set for February 3, 2009 at 5:30. All three bodies.

        Alderman Roberts:  This may be the best and only way to do it, but I am still concerned about

        the public’s reaction. Mayor Dillon: Everything is already posted. The meetings are already

        posted all we have to post is 48 hours so if we leave the two meetings on February 3, and we hold

        a Special Meeting later on in the week.

        City Administrator:  At this point I think it is best if we leave it the way it is.

        Alderman Dohm: When Orville was here, we did an intensive study. It takes approximately

        160 days to change a zoning from the time the application is filed with all the Postings,  

        Hearings and Public Notices. Some of this has already been done at the committee levels, but

        this is extremely fast.

        Attorney Connor: Oscars went extremely fast when it was annexed into West Peoria.

        Mayor Dillon: If we postpone it now, this will put it until the end of February. Everything

        has been posted legally and in the paper. If anyone is truly concerned; it has been posted. All

        they would have to do is contact one of us by phone, in person or stop by City Hall. At this  

        point everything has been set.

        City Administrator Carlson: I think that this is a lesson for the future. But at this point I would  

        recommend to proceed with the meeting as scheduled.

        Mayor Dillon: Do we have a check off list so that in the future something like this does not

        get dropped so that we can stay on the person or committee so this won’t happen again

        Alderman Dohm: This is only the second time that the City has ever annexed property.

        City Administrator Carlson: I have been here 5 ½ years and we don’t have a check off list.

        Alderman Dohm: We do have a check of list for re-zoning and Special Use.

        Attorney Connor: A collaborative group process is good but is almost a case by case because you

        have to interact to find out what is the right zoning and what fits for the City of West Peoria:  Legal

        documents need to be obtained from the land owners. We could develop one.

        Alderman Dohm:  Technically Mr. Biddison is zone I-2 for the county, which is a little looser

        than the City of West Peoria’s B-2.

        City Administrator Carlson: For the record.  I was aware that an application was filed, but unaware of

        the need for expediency.

        Alderman Roberts: Does the County have to vote to release Mr. Biddison?

        Attorney Connor: No, this is an incorporated area

        Mayor Dillon: The county will still receive taxes..

        City Administrator Carlson:  I received a call from the Director of Planning and Zoning for the

        County and he asked if the County Administrator was aware of this transition. I made a phone call

        to the County Administrator and left a message. He has not returned my phone call as yet.

        Mayor Dillon: The bulk of this is between the property owner and the Zoning Committee.

  13. COMMITTEE REPORTS

        A. FINANCE COMMITTEE – ALDERMAN MATHEWSON, CHAIR

             The Finance Committee has not met since the last City Council Meeting.  Our

             next meeting will be February 3, 2009 at 5:00 p.m. at City Hall. The major topic will

             be the Budget.

        B. LAND USE COMMITTEE – ALDERMAN DOHM, CHAIR

             The Land Use Committee met on January 21, 2009. The committee went over

             The Financial Report and had a discussion on the Zoning and Code Enforcement

             Report we are trying to clean it up and make it a little neater. We went over our

             Committee Goals and started to create a new list for this year. The Committee

             finalized the Demolition Permit it is ready to come to council. We went through

             calendar. I released a vague copy of a PUD, which I think the City needs. It was

             brought to us when we were dealing with the Heading Avenue property. I want

             make everyone aware that we are looking at it. I am attempting to get a clean copy

             very vague that can go to Planning and then come back to Council. If anyone would

             like to see it, I have a copy. This will go to Council also.

             City Administrator Carlson said instead of calling the PUD vague, I would call it generic.

             Alderman Dohm said we definitely know that there needs to be some changes, we don’t

             want it to fit to any piece of property. It is a piece of paper if we ever do any big work in

             our TIF, which we hope to do someday, it will be a real good tool for the City to have in

             place. Then we can go back and fill in the blank type of form. If anyone would like to

             review a copy of this and have any input, I more then welcome it.

             Attorney Connor: You can have Business PUD’s, Housing PUD’s, and other types of

             PUD Developments such as: Shopping Malls, anything you want to be set for.

             Alderman Dohm: This is one of those check sheet tools, it reminds of what we need to ask

             And also gives the developer questions and answers that they may forget to ask us.

             The committee went over the annexation, which we discussed this evening. Our next

             Meeting will be February 18, at 6:30 p.m.at City Hall.  

       C.  PUBLIC SAFETY COMMITTEE – ALDERMAN DWYER, CHAIR

             Alderwoman Thomas gave the Public Safety report in the absence of Chair Alderman

             Dwyer. The committee met on January 21, 2009 at 5:30 p.m. We went over the

             Waste Management Curbside Pick Up, which was approved this evening. The

             Committee received a request for a Four Way Stop Sign at Rohmann and Ashland

             Avenue. This request was forward to the Transportation Committee. Our next meeting

             is February 18, at 5:30 p.m. at City Hall.

        D. TRANSPORTATION COMMITTEE – ALDERMAN VENZON, CHAIR 

             The Transportation Committee has not met since our last City Council Meeting.

             Our next meeting is February 12, at 6:30 p.m. at City Hall.

  14. PUBLIC COMMENT

        None

  15. MOTION TO GO INTO EXECUTIVE SESSION was made by Alderman Ganson and

        seconded by Alderman Meismer to discuss appointment of public officer (2) (c) (3)

        ROLL CALL VOTE  Ayes – 7  Ganson, Meismer, Dohm, Mathewson, Roberts, Thomas

        Venzon,

        Nays – 0

        Absent – 1 Dwyer

        Motion Carried Moved to Executive Session at 7:37 p.m.

        The regular meeting was called back to order at 7:43 p.m.

        The following members were present: Alderman Dohm, Alderman Ganson, Alderman 

        Mathewson. Alderman Meismer, Alderman Thomas, Alderman Venzon. Also present were

        Mayor Dillon, City Administrator Carlson, City Attorney Connor, City Treasurer Main and

        City Clerk Stephens. Alderman Dwyer was absent

  16. ACTION ARISING FROM EXECUTIVE SESSION

        Motion was made by Alderman Ganson and seconded by Alderman Dohm to appoint Jason

        Barth to the Plan Commission for a five year term.

        ROLL CALL VOTE Ayes – 7 Ganson, Dohm, Mathewson, Meismer, Roberts, Thomas, Venzon

        Nays – 0

        Absent – 1 Alderman Dwyer

        Motion Carried

  17. ADJOURNMENT 

        Motion to adjourn this meeting was made by Alderman Roberts and seconded by Alderman

        Meismer. Motion carried unanimously by voice. Meeting adjourned at 7:45 p.m.

        Carole Stephens – City Clerk