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City Council Minutes
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OFFICIAL MINUTES OF THE CITY COUNCIL OF THE CITY OF WEST PEORIA, ILLINOIS TUESDAY, MARCH 23, 2010 7:00 P.M. WEST PEORIA CITY HALL 2506 WEST ROHMANN AVENUE, WEST PEORIA, ILLINOIS
A Regular Meeting of the City Council of the City of West Peoria, Illinois, was held at West Peoria City Hall on March 23, 2010.
1. CALL TO ORDER Meeting was called to order by Mayor Dillon at 7:07 p.m.
2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Dillon
3. ROLL CALL The following members were present: Mayor Dillon, Alderman Dohm, Alderman Dwyer, Alderman Ganson, Alderman Mathewson, Alderman Meismer, Alderman O’Neill, Alderwoman Thomas, Alderman Venzon. Also present were: City Administrator Carlson, City Attorney Connor, Economic Development Coordinator Pratt, City Treasurer Main, Zoning Officer Sullivan. Absent City Clerk Stephens. Members of the audience: Limestone Fire Department District Gary Kantner, Limestone Fire Chief Terry Capps, Attorney Redlingshafer, Ratna Babu, Prakash Babu, Murali Krishsa, Vimala Krishsa, Kathryn Hertel, Scott Hillyard (Peoria Journal Star), Rolland Reinhart, Township Supervisor DeSutter
4. CERTIFICATION OF COMPLIANCE WITH THE OPEN MEETINGS ACT City Administrator John Carlson certified the Compliance with the Open Meeting Act.
5. PUBLIC HEARING ON ANNEXATION AGREEMENT; a. Motion to Open Public Hearing was made by Alderman Venzon and seconded by Alderman Dwyer ROLL CALL VOTE 8 – Ayes Venzon, Dwyer, Dohm, Ganson, Mathewson, Meismer, O’Neill, Thomas Nays – 0 Absent – 0 Motion Carried
b. Swearing in of Witness: Swearing in of Witnesses by Mayor Dillon: Economic Development Coordinator Pratt, Prakash Babu, Limestone Fire District Gary Kantner, Limestone Fire Chief Terry Capps, Attorney Redlingshafer, Ratna Babu and ZBA Gene Topper.
c. Presentation: Prakash Babu stated this presentation has been presented to the City Council and has come a long way. The Annexation the City of West Peoria is planning to expand the boundaries of West Peoria and alter the future for a lot of people, this includes the temple and the elderly condo complex we want to build. The move you make today will pave the way. Mr. Babu said he thought that everyone on the City Council had seen the details of the Annexation Agreement and expressed concern he has in the coding process. The County could not stipulate to any of the requirements it would provide. Mr. Babu is requesting a rezoning of R-3. Mr. Babu stated he would like to see some stipulations in agreement with the development process. Mr. Babu asked the City of West Peoria to formulate an agreement with stipulations and he said this would be good for the City and good for the community at large and will protect the City and the developer. Mr. Babu stated that this Agreement is well executed and requests the Agreement be approved.
d. Economic Development Coordinator Pratt told the City Council he has had the privilege of working with Mr. and Mrs. Babu for a year. For the last few months they have worked intensely on this Agreement. This Agreement has been modified and put in a format the City Council and Developer are comfortable with and will bring enormous amount of growth potential in revenue. Economic Development Coordinator Pratt stated that once the City has the Annexation completed and the City establishes a second TIF District, the City will experience some benefits. He strongly recommends the City move on to the next phase.
Attorney Connor informed the City Council just prior to this meeting that the Zoning Board of Appeals held a Public Hearing for a request for height variance for this property. A copy of the ZBA’s Finding of Fact was provided to all the Council. Attorney Connor explained to the Council that they will have the opportunity to approve Ordinance No. 2010-01, which will approve the Annexation Agreement with the Babus. Attorney Connor stated that Ordinance No. 2010-01, with the Annexation Agreement combined, has the effect of approving this variance without a separate Ordinance. This is important because the connection to the Annexation Agreement of the variance, accounts for the Zoning Board of Appeals Finding of Facts. The Economic Development Coordinator distributed the minutes from the August 26, 2009 Planning Commission and Zoning Board of Appeals meeting, which contained Mr. Babu’s presentation about this project. Attorney Connor said that the last detail of the ZBA Findings of Fact was set up fifteen minutes before tonight’s City Council Meeting. Attorney Connor has a video/audio and will play it back to the City Council in lieu of the minutes from their meeting. Attorney Connor said there have been changes in a couple of key points of the Annexation Agreement: 1) Changing the width of the road to twenty-eight feet; and 2) upon completion of the road, the City of West Peoria will assume it as a public road and maintain same.
Attorney Connor explained the Babus will put up an irrevocable letter of credit for forty percent of the cost of this access road. These two changes are the changes since the last hearing on the Annexation.
ZBA Officer Topper asked if West Peoria was going to take over the roadway going into the new project.
Attorney Connor answered yes, once the road was completed
ZBA Office Topper asked whether the road would go into the parking lot or just up to the project.
Attorney Connor said that it was his understanding that the road would go up to the project.
Mayor Dillon said the way he understood it is the road coming up.
Prakash Babu informed the Council that the access road would go all the way to the temple’s parking lot. Phase I is two thousand six hundred forty feet long and twenty-eight feet wide.
Mayor Dillon welcomed Attorney Redlingshafer, Limestone Fire Protection District Chief Capps and Assistant Chief Kantner. He told them that he will rely on their expertise.
Attorney Redlingshafer said that he is representing the Limestone Fire Protection District. He thanked the City of West Peoria and the developers for including his client as a part of this hearing. The Limestone Fire Protection District provided a chart based on the dimensions of its largest ladder truck. Chief Capps informed the City Council that on the bottom left hand corner of the chart it indicates that the width of the Fire Truck is sixteen feet plus nine feet for the ladder. Assistant Chief Gary Kantner explained the ladder truck has two measurements: how far the vehicle is from the building and the height of the building. The maximum reach of the truck is seventy-five feet, approximately twelve feet from the building. There was a discussion regarding accessibility to a fifty-five foot building from the roadway or the parking lot.
Alderman Ganson inquired as to whether the condominiums will be on the access road and whether the Fire Department will be able to get the ladder truck closer.
Mr. Babu explained there will be driveways in the front of the condos and a parking area. He said there will be two paved surfaces for the fire truck to get close to the buildings. He said this is not a problem. Mr. Babu gave a large map to the Limestone Fire District and explained the distance from the fire truck to the buildings.
Limestone Fire District discussed the distance and reaching the peak of the roof.
Attorney Connor discussed the chart and the distance of the fire truck with Limestone Fire District.
Alderman Dohm asked the Limestone Fire District how many buildings they have in their district that they cannot reach the roof.
Limestone Fire District responded: None.
Mayor Dillon asked if the parking lot would be redesigned to get closer to the buildings.
Prakash Babu responded that underground parking is in front of the buildings. He further added that some of the buildings are only twenty feet and there are walk ways that may be widened. All the buildings will have a sprinkler system. Mr. Prakash explained to Limestone Fire District there will be underground parking, two floors of livable space and attic for storage.
Mayor Dillon commented that this is workable and asked if the Limestone Fire District will have access to the lockable gate at the end of Prairie Lane.
Fire Chief Capps said yes and asked if the Limestone Fire Department is going to see the plans.
Mayor Dillon stated that normally we always show the plans to the Fire Department for their review. He further stated that he was sure they were going to have it engineered with all the trusses and sprinkler system and that will have to be reviewed by the Fire Department.
Limestone Fire District asked if they would be involved with this process.
Prakash Babu said absolutely. During and after.
Attorney Connor played the audio from tonight’s ZBA Hearing
Attorney Connor asked if anyone had any questions either for Mr. Babu or the Limestone Fire Protection District.
Mrs. Babu commented that the safety of the Babu Condo occupancy is just as important to them as it it to the Limestone Fire Protection District and the City of West Peoria. She further commented on the cooperation between them and the Limestone Fire Protection District.
Mayor Dillon commented that the Limestone Fire Protection District wanted everything to be right for everyone. He added further that we can all work as a team.
Alderman Dohm asked if the Limestone Fire Department had any suggestions.
Limestone Fire Chief suggested modifying the plans to allow them to get closer to the buildings.
Alderman Dohm also expressed his concerns about the ladder truck getting close to the ridge of the buildings.
Mr. Babu asked whether the design should be modified considering the magnitude of the project.
Alderman Dohm expressed his concern about safety.
Mr. Babu said that they will find a solution.
Mayor Dillon stated the City of West Peoria, the Limestone Fire Protection District and the developer will together work as a team and come to a mutual agreement.
Mr. Babu said the water line on Prairie Lane is only four inches wide and the fire hydrant close to the temple is not worth anything. He suggested that his company bring in a ten-inch water main and install additional fire hydrants.
Mayor Dillon told Mr. Babu that they will enforce additional fire protection measures.
Mayor Dillon asked if there were any more testimonies.
There were none.
Mayor Dillon asked for a Motion the close the Public Hearing at 8:03 p.m.
MOTION TO CLOSE THE PUBLIC HEARING was made by Alderman Dohm and seconded by Alderman O’Neill
ROLL CALL VOTE – Ayes – 8, Dohm, O’Neill, Dwyer, Ganson, Mathewson, Meismer, Thomas, Venzon Nays – 0 Absent – 0 Motion carried
6. ADDITIONS TO OR DELETIONS FROM AGENDA None
7. APPROVAL OF MINUTES Motion to approve the minutes from the March 9, 2010 City Council Meeting was made by Alderman Dohm and seconded Alderman Dwyer.
ROLL CALL VOTE – Ayes - 8, Dohm, Dwyer, Ganson, Mathewson, Meismer, O’Neill, Thomas, Venzon Nays – 0 Absent –0 Motion Carried
8. COMMUNITY POLICE REPORT Officer Middleman was absent. No report.
9. MAYOR’S REPORT Mayor said he represented the City of West Peoria at Manual High School’s celebration of second place State Basketball Tournament. City of Peoria Mayor Ardis was also in attendance. Last week some of the Mayors met with State Representative Jehan Gordon in the City of Peoria Council Chambers to address the Governor of Illinois proposal for the municipalities. If what the Governor proposes goes through, along with everything else, the City is looking at a seventy thousand dollar deficit, and with the Governor’s proposal, the City is adding about another one hundred thousand dollar deficit. The mayors were called to oppose this proposal. Mayor Dillon reminded that the Census has been sent out and the City needs everyone to fill this out. It is very important the City get credit for everyone who lives in the City. He further added that he attended the first groundbreaking Habitat for Humanity home in West Peoria on Dakota Street. He added that the Annexation Agreement is important to bring in more tax dollars to the City. He added that the City needs to expand to bring in more new tax dollars. The City Administrator and the Mayor are meeting with the Sheriff’s Department to talk with some of the bar owners on Farmington Road next week to resolve some of the concerns of the Sheriff’s Department.
10. CITY TREASURE’S REPORT Treasurer Jennifer Main passed out the January 2010 Treasurer’s Report. The motion to receive and file the January 2010 Treasurer’s Report was made by Alderman Mathewson and seconded by Alderman Meismer.
ROLL CALL VOTE – Ayes 8 Mathewson, Meismer, Dohm, Dwyer, Ganson, O’Neill, Thomas, Venzon Nays – 0 Absent – 0 Motion Carried.
11. PUBLIC COMMENT Township Supervisor said Clean Up Day is April 24th, 2010.
12. MOTION TO APPROVE TO THE ORDINANCE 2010-01 AN ORDINANCE APPROVING THE ANNEXATION AGREEMENT was made by Alderman Dohm and seconded by Alderman Dwyer.
Discussion: Attorney Connor said the City Council received a copy of the Annexation Agreement in advance of this meeting and explained the way the Annexation works is: fifteen days ago the City made available the Public comment and also posted in the Journal Star newspaper and made it available at City Hall. A meeting was held on this version of this Annexation Agreement and the statute allows amend following the hearing. In the past few days he received a communication from the Babus and the temple’s attorney to add a few minor tweaks. He told the Council that this new version was slightly different than what they previously had. The Hindu Temple, which was added in as a sign on, is involved because they owned part of the land to be developed, but they are going to trade land with the Babu’s. Page 10, paragraph 9 was tweaked to take the temple off; the signature is no longer on the signature page. They will no longer be listed as a land owner on the land to be developed. Paragraph 9 has been changed to provide: if something would happen that the temple is still listed as a land owner on part of the building being developed, the Babus will abide by the Annexation Agreement. Attorney Connor: in paragraph 3 on page 6 the developer will pay real estate taxes to the City of West Peoria even though they are not in the City yet. He said that this doesn’t happen immediately the developer pays its normal share of real estate taxes. Adding in the Special Use Hearing has been heard last fall Attorney Connor thanked the staff and the Babus for working with all the last minute issues.
Alderman Mathewson expressed his concern about the Babus putting in a gravel access road.
Attorney Connor stated the subdivision ordinance for the City of West Peoria requires this to be a a paved road, which is subject by law.
Alderman Dohm said this is what the PUD was created. There would not be a building plan issued until the City sees the plans for the street.
Alderman Dwyer asked why the City should take care of the responsibility of the access road.
Attorney Connor said this is common for a municipality to supply the access road.
Attorney Connor said the Babus have opened a letter Of credit with South Side Bank.
ROLL CALL VOTE – Ayes 8, Dohm, Dwyer, Ganson, Mathewson, Meismer, O’Neill, Thomas Venzon Nays -0 Absent -0 Motion Carried
13. OTHER BUSINESS – DISCUSSION ONLY None.
14. COMMITTEE REPORTS A. FINANCE COMMITTEE Chair Mathewson: The Finance Committee has not met since the last City Council Meeting. Our next meeting April 6 at 5:30p.m. at City Hall.
B. LAND USE COMMITTEE Chair Dohm: The Land Use Committee has not met since the last City Council Meeting. Our Meeting will be March 24th, at 6:30 at City Hall.
C. PUBLIC SAFETY COMMITTEE Chair Dwyer: The Public Safety Committee has not met since the last City Council Meeting. Our next meeting will be March 24 at 5:30 p.m. at City Hall.
D. TRANSPORTATION COMMITTEE Chairman Venzon. The Transportation Committee has met since the last Council Meeting. The Committee talked about budget and street involved in the annexation agreement. City Engineer the committee presentation for PPUATS will be at the April meeting. He said that they are second on the list of projects for PPUATS. He also reminded people to slow down when the street crews are working because they have been busy patching city roads. Our next meeting will be April 9th at 6:30 at City Hall.
15. PUBLIC COMMENT Mayor Dillon reported that Jim Flynn was the Grand Marshall of the St. Patrick’s Day Parade John Carlson spoke about city staff issues and indicated that it was an open process. Bob DeSutter spoke about the March 28 Easter egg hunt
16. ADJOURNMENT Motion to adjourn this meeting was made by Alderman O’Neill and seconded by Alderman Ganson. Motion carried unanimously by voice vote. Meeting adjourned at 8:35 p.m.
______________ Carole Stephens, City Clerk
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