Proposed Annexation Agreement with annexation hearing set by City of West Peoria on March 23, 2010
ANNEXATION AGREEMENT
This Annexation Agreement is made and entered into this _____ day of _______________, 2010, by and among the CITY OF WEST PEORIA, (hereinafter referred to as the "City"), and the Owners listed on the signature page hereto, (hereinafter referred to collectively as the "Owner"). This Agreement shall be binding upon all successors in title, heirs and assigns.
WITNESSETH:
WHEREAS, the Premises consists of territory which is not within the corporation boundaries or territory of any municipality; and
WHEREAS, this Agreement is being made pursuant to the provisions of Chapter 65, Illinois Compiled Statutes, Section 5/11-15.1-1 et seq.; and
WHEREAS, all of the parties hereto desire that there be annexed to the City on the terms and conditions hereinafter set forth, the Premises which is legally described in Exhibit A; and
WHEREAS, on ________, 2009, and on ______, 2010, notice having been properly given, the City Council of the City did consider at a public hearing the questions of this Annexation Agreement; and
WHEREAS, on ________, 2009, the Planning Commission of the City, being the body duly designated by the corporate authorities of the City, held a public hearing in all respects conforming to law to consider the zoning classification for the Premises; and
WHEREAS, on ________, 2010, the Zoning Board of Appeals of the City, being the body designated by the corporate authorities of the City for variance hearing, held a public hearing on a 65 foot height variance in all respects conforming to law; and
WHEREAS, the Planning Commission, the Zoning Board of Appeals and the City Council have determined that the terms of this Agreement would be beneficial to the City and its residents; and
WHEREAS, the City Council and the Planning Commission have determined that the annexation and zoning of the Premises as hereinafter proposed is in the best interest of the City; and
WHEREAS, Owner hereby represents to the City that they have fee simple ownership of the aforesaid Premises;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows:
1. The foregoing Recitals are incorporated herein as though fully set forth.
2. Pursuant to the applicable provisions of state law, the City agrees to cause the Premises to be fully and validly annexed to the City as promptly as practicable after execution of this Agreement when the property becomes contiguous to the City and Owner has filed with it a petition for annexation. After this Agreement is signed and as soon as the property becomes contiguous to the City, Owner agrees to petition the City for annexation.
3. The terms of this Agreement shall be for twenty (20) years from the date of the execution hereof, provided, however, if any of the terms of this Agreement or the annexation of the Premises is challenged in a Court proceeding, then the period of time during which this litigation is pending shall not, to the extent permitted by law, be included in calculating said twenty-year period or any extension thereof.
4. Nothing herein contained shall be construed to restrict or limit the right of the Owner to sell or convey all or any portions of the Premises, either before or after the same shall be improved, provided that each buyer or grantee and the City shall be bound by the provisions of this Agreement and any Ordinance hereafter enacted implementing the same. Any such Buyer or Grantee shall have and enjoy the same rights and the same obligations under this Agreement with respect to the portion of the Premises sold or conveyed by the Owner.
5. This Agreement shall be enforceable in any Court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the terms that are herein contained.
6. During the term of this agreement, including any portion of the aforesaid 20 year period subsequent to annexation, Owner agrees to comply with the following conditions:
a. Owner must consent, and does hereby, to a fire gate being placed at the west edge of the property owned by Owner at Prairie Lane, which fire gate shall be placed once the new road off Creek Road is built per the following:
During the design phase, investigative testing equipment (soil boring machines, etc) will be permitted to access the site through Prairie Lane, as well as survey vehicles, and contractors’ employee vehicles. Upon the launch of Phase 1 of the proposed project, the initial General Contractor traffic necessary to begin work will be allowed. The time of year and road conditions to deliver the initial phase construction equipment will be based on sound freeze thaw principles in order to minimize damage to Prairie Lane.
Once the new access road is built to the Temple, a permanent fire gate will be installed at the end of existing Prairie Lane. This gate will be locked and accessible only to emergency personnel and their vehicles. In addition to 911 personnel, there will be a designated emergency person at the Temple and one at the Condo Owners’ Association.
During Phase 1 construction of the private drive, and prior to paving, the access point for the private drive at the Temple parking lot shall be barricaded with heavy concrete barrier till the point in time when paving is complete and the fire gate is installed. This will allow continued access to the Temple parking lot by Temple members but close off traffic to the private drive during its construction.
b. This Agreement shall be void if Owner has started construction prior to the signing hereof.
c. Owner must obtain Greater Peoria Sanitary District sewer access via Kickapoo Creek Road through the right-of-way of the County of Peoria. Letters of consent to same do not satisfy this condition. Actual access and payment of all appropriate fees by Owner shall qualify.
d. As part of access to the Greater Peoria Sanitary District, the Owner shall enter into an agreement that provides that upon beginning of operation of the sewer connection, the ownership of the line running from the development to the Greater Peoria Sanitary District's Kickapoo Creek Road access point will pass to the Greater Peoria Sanitary District.
e. Owner must obtain an actual connection to, and consent from, the Pleasant Valley Water District, allowing sufficient water pressure to the premises for normal household purposes and fire protection. Owner must obtain from the County approval and ultimate access to Kickapoo Creek Road from the proposed private road, and such access must be approved for both ingress and egress.
f. Any conditions imposed by the Limestone Fire Protection District per the industry codes shall be adhered to by Owner.
g. The subject land proposed for development appears devoid of any mines per ISGS maps updated in 2008. However, if any mine maps were to surface and be claimed as relevant, they should be sent to ISGS for validation and incorporation into the summary map. Any claim of Mine Shaft presence should be reported to Illinois Department of Natural Resources, Office of Mines and Minerals, Abandoned Mined Lands Division by the property owner citing the claim as evidence. The Owner shall field such concerns and facilitate investigations involving a team of experts from the Abandoned Mine Lands Division. If conditions are found to be life threatening, Abandoned Mined Lands’ staff will seek federal funds to abate the hazardous conditions. The ISGS provided soil sample data from the area of the proposed development 8N 7E Peoria West Sections 1, 2, 3, 6, 8, 9 , 11 & 15 are in the attached pdf document; the data appear to show the absence of any underground mines within the project boundaries. The soil boring that will be done in the actual areas of construction per normal/established engineering procedures to check the strength of the soil for load bearing and the location of the bed rock will verify ISGS data and the absence of underground mines. Owner represents to the City that it has no knowledge of any mines or mine shafts in the proposed project area.
h. Owner shall, prior to beginning construction, furnish final plans of the buildings and other improvements which shall be consistent with its earlier submittals to the City, and, and consistent with any prior City approvals or conditions and consistent with this Agreement and shall construct same in accord with all of the foregoing and applicable law.
i. Owner agrees that City shall have all jurisdictional powers over the subject premises and project allowed by law.
j Owner shall submit, before beginning construction of the access road, after all the permits are obtained, an irrevocable letter of credit in favor of City in an amount equal to 40% of the cost of the access road improvements.
k. Owners' Association.
1. Membership in an owners' association shall be mandatory for each and every owner, and successive owner, of all dwelling units located on the Property.
2. The owners' association shall own, and shall be responsible for the continuity, care, conservation, maintenance, and operation, in a first-rate condition and in accordance with predetermined standards, of the Common Areas, including without limitation all equipment, appurtenances, ponds, detention facilities, and perimeter fencing located on or within the Common Areas and the cost of power required for the affected equipment and appurtenances.
3. The owners' association shall be responsible for casualty and liability insurance, and the City shall be named as an additional insured on all policies of liability insurance obtained by the owners' association.
4. The owners of all dwelling units located on the Property or the owners' association, as applicable, shall be responsible for real estate taxes for the Common Areas.
5. The owners of all dwelling units located on the Property shall pay their pro rata share of all costs and expenses incurred by the owners' association by means of an assessment to be levied by the owners' association that meets the requirements for becoming a lien on the Property in accordance with the statutes of the State of Illinois.
6. The owners' association shall have the right to adjust the assessment to meet changed needs, except any assessment imposed by the City. The membership vote required to authorize an adjustment shall not be fixed at more than 51 percent of the members voting on the issue.
7. The election of the first unit owner board of managers shall be held not later than 60 days after the conveyance by the developer of 75% of the units, or 3 years after the recording of the declaration, whichever is earlier.
8. The City, as well as the owners of the dwelling units located on the Property, shall have the right to enforce the condominium declarations.
9. The City shall have the right, but not the obligation, after 10 days' written notice to the owners' association, (i) to perform any maintenance or repair work that, in the sole opinion of the City, the owners' association has neglected to perform on the Common Areas, (ii) to assess the membership for that work, (iii) to file a lien against the property of the owners' association or the property of any member failing to pay the assessment, and (iv) to enforce the lien in the manner provided by law for mortgage foreclosure proceedings.
l. Building Permits. The City agrees to issue within 30 working days after receipt of application therefor, if council approval is not required, permits for the construction of any buildings or improvements of buildings or issue a letter of denial within that period of time informing the Developer in what way the application does not conform to the stated Section of the Code or this Agreement or the special use permit. When either the staff is ready to recommend approval to the Council or when the Owner so requests in writing, the application for permits for construction will be submitted to the next regular or special council meeting, at which time the application shall be acted on. If the application is denied, the City will issue a letter of denial within seven working days after that meeting, informing the Owner in what way the application does not conform to the stated Section of the Code.
If the application is approved, the permits will be issued within 90 working days. If the permit is conditionally approved, the permit will be issued within 5 working days after the Owner satisfies the conditions of such approval.
m. Certificates of Occupancy. The City agrees to issue certificates of occupancy within seven working days of a request for final inspection or issue a letter of denial within that period of time informing the Owner specifically as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the Section of the Code relied on by the City in its request for correction. If, after final inspection or reinspection, the City's inspector does not request correction of any items, immediate occupancy of the premises will be allowed, it being understood that the staff processing of the certificate may take up to seven working days. Temporary occupancy permits may be issued when adverse weather conditions do not permit outside painting, landscaping, sidewalks, driveways, or final grading for individual homes. Final surfacing of driveways also may be deferred for weather conditions. Such painting, landscaping, sidewalks, grading, and driveway construction shall be accomplished or installed as soon as weather permits. Such additional temporary permits that may be required due to adverse weather conditions shall not be unreasonably withheld. A certificate of occupancy shall not be required for storage of personal property in a garage. The City can require the posting of a cash bond to ensure the completion of the items left undone at the time the conditional occupancy permit is issued.
n. Individual Occupancy Permits. The City shall grant individual occupancy permits to multifamily residential buildings on a unit-by-unit basis, but no such permit shall be issued unless work on portions of such residential buildings has advanced to the point that the individuals using the portions of such buildings for which the certificates are to be issued will not be endangered by construction in progress and the building is safe for the area occupied.
o. Condominiums. In the event that any portion of the property shall be developed under the Illinois statutes relating to condominiums, the condominium covenants, conditions, and restrictions shall be approved by the City attorney. Such documents shall include a provision by which the City shall have the right but not the obligation to enforce covenants or obligations of the association or the owners of the units as defined and provided within the Declaration of Condominium and further shall have the right, upon 30 days' written notice specifying the nature of a default, to enter on common open spaces and cure such default or cause it to be cured at the cost and expense of the association or the owner or owners thereof. The City also shall have the right to charge or place a lien on the property of the condominium association for the repayment of such costs and expenses, including reasonable attorneys' fees, in enforcing such obligation. The declaration shall further provide that this provision may not be amended without the approval of the City.
p. All obligations assumed by the Owner under this Agreement shall be binding on the Owner personally, on any and all of the Owner's heirs, successors, and assigns, and on any and all of the respective successor legal or beneficial owners of all or any portion of the Property. To ensure that the Owner's heirs, successors, and assigns and successor owners of all or any portion of the Property have notice of this Agreement and the obligations created by it, the Owner shall:
1. Deposit with the City Clerk, contemporaneously, with the City's approval of this Agreement, any consents or other documents necessary to authorize the Village to record this Agreement in the office of the Recorder of Peoria County;
2. Notify the City in writing at least 30 days prior to any date after which the Owner transfers a legal or beneficial interest in any portion of the Property to any Person not a party to this Agreement;
3. Incorporate, by reference, this Agreement into any and all real estate sales contracts entered into for the sale of all or any portion of the Property to any Person not a party to this Agreement; and
4. Require, prior to the transfer of all or any portion of the Property or any legal or equitable interest in the Property to any Person not a party to this Agreement, the transferee to execute an enforceable written agreement, in a form approved by the City Attorney, provided, however, that the requirements stated in the three preceding clauses shall not apply to any contract for, or transfer of, an individual lot or group of lots for which all Improvements have been completed and approved and, if required, accepted pursuant hereto.
The City agrees that after a successor becomes bound to the personal obligation created in the manner provided in this Agreement, the personal liability of the Owner shall be released to the extent of the transferee's assumption of liability. The failure of the Owner to provide the City with a fully executed copy of a Transferee Assumption Agreement required above by the transferee to be bound by this Agreement and, if requested by the City, with the transferee's proposed assurances of financial capability before completing the transfer shall result in the Owner remaining fully liable for all of the Owner's obligations under this Agreement but shall not relieve the transferee of its liability for those obligations as a successor to the Owner.
7. The City agrees to, and hereby does, to the extent allowed by law, classify the subject Premises as within the R-2 Multi-family Residential zoning classification and grant a special use for a planned unit development that will allow the proposed project of elderly housing condominium development of approximately 179 units as proposed previously to the County of Peoria in Peoria County Case Nos. 064-08-Z and 065-08-Z, with the City of West Peoria determining which, if any, conditions shall be placed on said special use permit. Any variances will be determined on a case by case basis, after a hearing before the West Peoria Zoning Board of Appeals and the appropriate vote of the West Peoria City Council.
8. If any provision of this Agreement is held to be invalid by any Court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof is not to affect any of the other provisions contained herein.
9. Owner must have submitted all plans and related items required by the City Code prior to the signing of this Agreement or it is voidable by the City.
10. Until acceptance by the City via the ordinance described below, all roadways shall be private roadways. No actions or inactions by the City shall constitute acceptance other than an ordinance passed by a vote of two-thirds of the corporate authorities of the City then holding office. Without such an ordinance, the City shall have no obligation to clean, maintain, snow plow or otherwise maintain the said streets. Similarly, all sewer, water and stormwater facilities and piping shall remain private unless accepted by the City in an ordinance enacted as described above in this paragraph. The City agrees to accept the private access roadway from Kickapoo Creek Road upon its completion in accordance with applicable City of West Peoria ordinances and only if the pavement width, exclusive of curb and gutter, is at least 28 feet to be determined by an engineering assessment prior to start of road construction and curb and gutter are installed through its length. The parties contemplate any public reimbursement for the road improvements will be covered under a separate agreement.
11. Owner agrees to develop the property in accordance with good planning standards.
12. City agrees to grant Owner a height variance, allowing buildings to be up to 65 feet in height.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
CITY OF WEST PEORIA OWNER
By: ______________________________ ___________________________________
Mayor
ATTEST:
___________________________________
By: ______________________________
Clerk
and
___________________________________
(legal name of temple land owner)
By: _______________________________
Its: _______________________________
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OFFICIAL MINUTES
OF THE WEST PEORIA CITY COUNCIL
February 9, 2010, AT 7:00 P.M.
WEST PEORIA CITY HALL
2506 W. ROHMANN AVENUE
WEST PEORIA, ILLINOIS
A regular meeting of the City Council of West Peoria, Illinois was held at the West Peoria City
Hall on February 9, 2010.
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: Mayor Dillon, Alderman Dohm, Alderman Dwyer,
Alderman Ganson, Alderman Mathewson, Alderman Meismer, Alderman O’Neill, Alderwoman
Thomas, Alderman Venzon, City Administrator Carlson, City Attorney Connor, Economic
Development Coordinator Pratt, City Clerk Stephens. Also attending Rolland Reinhart, Street
Department Manager Strube and Officer James Middlemas.
12. OTHER BUSINESS – DISCUSSION ONLY
ANNEXATION UPDATE: Economic Development Coordinator Pratt gave the update on the annexation. He told the City Council that the City Staff is working diligently on the 1st Phase of the property that the council has seen a number of times. He explained that the target properties are the private property that Mr. Babu owns and the Hindu Temple of Central Illinois. Economic Development Coordinator Pratt said that City Attorney Connor has working with us on this project and occasionally with Mr. Babu working out the specific agreement with Mr. Babu. The City is very close to having all of the issues resolved. The one issue that is yet to be resolved is the width of the street that will be the entrance to the project. Economic Development Coordinator Pratt told the council members that he has done research to find what the West Peoria Code, Peoria County Code, City of Peoria Code, the State of Illinois and IDOT Code Regulations are. This seems to be the remaining issue. He said Mr. Babu has agreed to a range of twenty six feet to twenty eight feet for the entrance to the property. This is wider than the streets that lead into the property and wider than the recommendation from our engineer. Our subdivision ordinance does not have a specific recommendation for an entrance road that prohibits parking. It has a recommendation for an entrance road/street that allows parking as does the City of Peoria, as does IDOT, but not one for street/road that provides entrance for the property. We need for the this project that does not allow parking. It has been hard to find a specific guideline for this exact situation. Economic Development Coordinator said there is a range available that we have agreed to. Mr. Babu has agreed to twenty-six to twenty-eight range. This would be great to have this resolved before the scheduled Public Hearing in March, 2010. Economic Development Coordinator Pratt said he and the City Administrator are in a discussion with Shari Hamilton with some of the concerns she has with annexing to West Peoria. He said that he and City Administrator Carlson met with Matt Wahl to discuss if there are any issues with Peoria County and there are none. Peoria County is enthusiastic about what the City of West Peoria is preparing to do, including the corner of Farmington Road and Creek Road, the former driving range property. The County has suggested that the City go forward with the annexation. They are okay with that piece of property being annexed into the City of West
Peoria and at some point the County will deed it to the City of West Peoria. There are other property owners that are interested in discussing annexing into the City of West Peoria. Economic Development Coordinator said that the City is spending a lot of time on the annexation. We are getting some great advice. City Administrator Carlson and I have been working with Attorney Connor and this is going quite well. Mayor Dillon expressed his concern about a turn lane and the road issue. This will be discussed at the Transportation Committee meeting.
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CITY COUNCIL MINUTES |
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OFFICIAL MINUTES
SPECIAL MEETING
OF THE WEST PEORIA CITY COUNCIL
December 15, 2009 AT 6:00 P.M.
WEST PEORIA CITY HALL
2506 W. ROHMANN AVENUE WEST PEORIA IL
A Special Meeting of the City Council of West Peoria, Illinois was held at the West Peoria City Hall on
December 15, 2009.
1. CALL TO ORDER
Meeting was called to order at 6:00 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: Mayor Dillon, Alderman Dohm, Alderman Ganson,
Alderman Meismer, Alderman O’Neill, Alderman Venzon, City Administrator Carlson, City
Attorney Connor, Economic Development Coordinator Pratt, City Clerk Stephens.
Peoria Journal Star Scott Hilyard. Alderman Dwyer arrived at 6:05 p.m. Alderman Mathewson
was absent.
6. ANNEXATION
Economic Development Coordinator Pratt told the City Council he is looking for acceptance/acknowledgement that the Council understands exactly the Annexation Plan and extension of the TIF. This is to make sure we all understand the plan so we can move forward on this. City Administrator Carlson stated you are not approving an annexation; this is approving us to go forward on your behalf and continue to work with the parties interested. That’s all this is. Mayor Dillon asked if this is the information that was previously brought up to us. City Administrator Carlson said yes. Economic Development Coordinator Pratt told the City Council there have been conversations with the County in regard to the proposed plan and the County is very favorable and eager to work with the City of West Peoria on this, especially the corner of Creek Road and Farmington Road. This is the property that used to be the driving range and the County is willing to have this property annexed into the City of West Peoria and anything else they can do to facilitate this. Economic Development Coordinator Pratt said the Sanitary District is aware of this plan and they have no issues of having their property annexed into West Peoria and commented the Babu’s are still eager and want to move forward. Economic Development Coordinator Pratt stated that is a really good opportunity for West Peoria. Mayor Dillon asked if any member of the Council is opposed of going forward. All the Council members were in favor to go forward and continue to work with the interested parties. Mayor Dillon stated no vote is necessary as long as there is a consensus.
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OFFICIAL MINUTES
OF THE WEST PEORIA CITY COUNCIL
DECEMBER 8, 2009 AT 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 December 8, 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: Mayor Dillon, Alderman Dohm, Alderman Dwyer,
Alderman Ganson, Alderman Mathewson, Alderman Meismer, Alderman O’Neill, Alderwoman
Thomas, Alderman Venzon, City Attorney Connor, Economic Development Coordinator Pratt,
Street Department Manager Strube, City Clerk Stephens. Also attending Township DeSutter
Rolland Reinhart and Officer James Middlemas.
18. OTHER BUSINESS – ANNEXATION
Economic Development Coordinator Gene Pratt told the City Council he has had talked with Peoria County to determine the ownership of a few pieces of property that were classified as unknown. Economic Development Coordinator Pratt stated the County determined these pieces of property are owned by the State of Illinois and now that the City is aware of this and West Peoria can go to the State and ask if they will cooperate in this process.
Economic Development Coordinator Pratt said the corner of Farmington Road and Creek Road is owned by the County and they have no objection to annexing this property into West Peoria and told the Council he is having a meeting with Sherry Hamilton to ask if she is willing to annex into West Peoria. The City is coming close to having identified properties. Once this is complete we can start moving forward with Attorney Connor’s help. Peoria County has been
very cooperative. Alderman Mathewson said one the things Eric Jones, West Peoria’s Auditor, said at the Finance. Committee meeting was “West Peoria being land locked our tax rate is very flat”. Alderman Mathewson stated West Peoria has leveled out and this annexation is the one of the only ways we can increase the tax rate. This is one good reason, if you are looking for a reason why to this that would be one. Alderman Dohm said he was informed of someone who would like to be involved with the acquisition to West Peoria. He has property adjoining the Babu property and asked Attorney Connor if he has ever dealt with annexation through State property. Attorney Connor said that he will check on this. State property in itself can keep you from being contiguous. But if it is a road, then it doesn’t. I will check this out. The State is very cooperative Alderman Dwyer asked about Fire Protection. Once we cross out of West Peoria, does that become Limestone? Will the jurisdiction change or the fire district? Alderman Mathewson said that it is his understanding it will all stay the same. It will stay Limestone School District and Pleasant School District and all the Fire District will stay the same. All we will be getting is property tax. Alderman Dohm stated the properties that West Peoria has annexed in the past is still Limestone District.
Mayor Dillon said that he would like to congratulate Terry Capps, one of West Peoria’s former Assistant Chiefs. Terry has been hired to be the new Fire Chief in Limestone.
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OFFICIAL MINUTES
OF THE WEST PEORIA CITY COUNCIL
NOVEMBER 10, 2009 AT 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
November 10, 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: Mayor Dillon, Alderman Dohm, Alderman Dwyer, Alderman
Ganson, Alderman Mathewson, Alderman Meismer, Alderman O’Neill, Alderman Thomas,
Alderman Venzon, City Administrator Carlson, City Attorney Connor, Economic Development
Coordinator Pratt, Street Department Manager Strube, City Clerk Stephens. Also attending Rolland
Reinhart and Plan Commission Officer Jason Barth
14. DISCUSSION ONLY
TIF
Economic Development Coordinator Gene Pratt stated he would like to share information with the members of the City Council regarding the Babu Project and annexation of property between the City of West Peoria and Babu Property. Gene passed a copy of the current boundary of West Peoria and the Babu Boundary and told the Council that he and City Administrator John Carlson met with the City’s consultants in Bloomington sometime ago and in the course of conversation they talked about this project. Gene pointed out from the copy he gave the Council that below St. Mary’s Cemetery the Greater Peoria Sanitary District has a large block of property and another piece of property next to it the owners are unknown or it is State of Illinois property. Alderman Dohm thinks this is State property; the County Recorder does not have any information on this property. Then there is Creek Road and this takes us to Babu Property. The Greater Peoria Sanitary District has indicated their willingness to cooperate with West Peoria. Gene said will he be attending a meeting with the Board of Trustees for the Greater Peoria Sanitary District and will discuss this more in detail. In addition James Connaughton came to City Hall to talk about annexing ninety-eight acres of his property which is just south of properties owned by the State of Illinois, this is on the side of Creek Road and Mr. Connaughton indicated that he would like to be a part of West Peoria. Gene said in addition to this our consultant recommended the City of West Peoria could extend their existing TIF District that comes down Callender Avenue and turns down Sterling. The City could extend the existing TIF through the cemetery across the Greater Peoria Sanitary District property and over to the Babu Property with no great difficulty. The advantage of this is twofold: the Babu property is valued at a relatively low amount because it is agriculture property. Once the development starts; the road improvements, the first thirty-six units then the assessed value of the property will increase dramatically and all that will be increment and available to the City of West Peoria. This being in the existing TIF District, the TIF money would be available for infrastructure uses in the existing TIF. The money could be used for: sewer improvements, Fire Department, Grade School, for any public works project the city would be interested in supporting. Gene stated he wanted to let everyone know this information and he has cleared this with the Finance Committee and some of the Staff knows about this. He explained the plan is in development stage and is a very exciting project for West Peoria. Gene asked if anyone had any questions or concerns, please call him at City Hall.
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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, SEPTEMBER 22, 2009
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 the West Peoria
City Hall on September 22, 2009.
1. CALL TO ORDER
Meeting was called to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Dillon.
3. ROLL CALL
The following members were present: Alderman Dohm, Alderman Dwyer, Alderman Ganson, Alderman Mathewson, Alderman Meismer, Alderman O’Neill, Alderwoman Thomas, Alderman Venzon, and
Mayor Dillon. Also present were City Administrator Carlson, City Attorney Connor, City Treasurer Main, City
Clerk Stephens, Economic Developer Pratt, Rolland Reinhart. Limestone Township Attorney John Redlingshafer,
Skip Light, Clifford Stamm, Ramona Brooks, Steve Smith, Bob Harris, James Witt, Sharon McBride, Becky
Ledbetter, Bev Seabeck, Scott Williams.
4. CERTIFICATION OF COMPLIANCE WITH THE OPEN MEETING ACT
Mayor Dillon stated the City Council is in Compliance With the Open Meetings Act, the City Council has a copy of
the Compliance in their packet.
5, PUBLIC HEARING CONSIDERING ANNEXATION AGREEMENT.
A motion to open the Public Hearing Considering Annexation Agreement was made by Alderman Ganson and
seconded by Alderman Mathewson.
ROLL CALL VOTE – 8 Ayes Ganson, Mathewson, Dohm, Dwyer, Meismer, O’Neill, Thomas, Venzon
Nays – 0
Absent – 1 Motion Carried
Discussion: Economic Developer Gene Pratt opened the discussion stating the Annexation Agreement is a
joint request from the Hindu Temple of Central Illinois and Prakash Babu. Jointly they own fifty acres of
property that is located just off the bluff on Farmington Road and Creek Road and they are requesting
annexation into the City of West Peoria. Gene stated that this would actually be a pre-annexation one.
In time until the boundaries of West Peoria would touch the boundaries of that property.
If they enter into a Pre-Annexation Agreement in all intents and purposes that he would defer this to the City
Attorney.
That they will be subject to honor all the codes of West Peoria and agree to pay property tax to the City of
West Peoria as if they were actually in West Peoria. The City of West Peoria would have twenty years to
reach the border of that property through whatever annexation property would become available to the City
of West Peoria to make the border continuous. This is the request.
Mayor Dillon asked if anyone would like to speak, to stand, give your name and address. Raise your right hand and be sworn in by the City Clerk.
Attorney Redlingshafer
124 S. W. Adams
Peoria, IL 61602
Attorney Redlingshafer representing Limestone Township, Limestone Township Roads and Limestone Fire District was sworn in. Attorney Redlingshafer stated there are a number of Limestone Officials in attendance at this
meeting. He introduced Skip Light – Township Supervisor, Scott Williams – Chief of the Fire Protection District, Becky Ledbetter, Limestone Assessor and thanked the City Council for the opportunity to speak and stated the reason his clients were here tonight is because of the difficult position they have been in since the beginning of this project.
Attorney Redlingshafer stated they are here tonight to try to protect everyone’s interest and looking out for
everyone’s safety, the current and future residents. Often times our clients have alienated both sides of the issues;
those in favor and those opposed. They are trying to work on both sides and still have citizens who are trying to
know their rights as well. The Limestone Township, Road District and Fire Department does not have any ill will towards the developers.
Attorney Redlingshafer thanked everyone for all their hard work especially the City Council. He told the Council
that they have taken a complex project situation and putting this into an agreement that addresses two of the issues
that are a big concern that are already in the document.
1) Private Roads
2) Mine Boring Test
From the very beginning the residents who have lived in the area for many years have concerns about these issues.
Attorney Redlingshafer said tonight I will narrow this down to three major areas. They are preliminary addressed in
the Annexation Agreement on these particular topics. The Limestone Township is hoping to share their thoughts
on these particular topics to assist in negotiation as you see fit.
Item 1) First from the Fire District stand point, we appreciate the Annexation Agreement. It simply addresses that
the Limestone Fire District has to play a major role, there is no question, perhaps formality has to be addressed
either during this process or immediately afterward. The services of the Fire Department are going to be big
whether it is the construction phase or fully operable. Whether it be manpower, womanpower or water power.
Also, water demands.
There are portions of the Annexation Agreement we want to make everyone aware of, the Fire District concern, in
addition, some of the issues when it come to mobility and proper fire protection.
Item 2) The Limestone Fire District comes to the West Peoria City Council with the idea of applying the private
road section of the Annexation Agreement. The wear and tear is a major concern when it comes to getting and
coming from the development. This can begin with the bore testing. If we do not see something maybe a bond
again. The Limestone Township applauds this being part of the Annexation Agreement. We would like to protect
roadway.
Item 3) Another part of the Annexation; we appreciate again is the tone, we appreciate the efforts that has gone into
this Annexation Agreement and the Emergency Gate. The question is how is this functionally going to work? Does
this mean a “knox box” for the access for the Fire District and EMF personnel only? What essentially is the
emergency and how is the access going to be take care of?
Attorney Redlingshafer continued by stating that the Limestone Township respectively request that this be
considered in the Annexation Agreement and applauded everyone for their efforts to date and what they had to
say tonight enhances the negations. He then said that Limestone Township will be happy to assist either side and
respect of the City of West Peoria as well as the developer plan. If there are any questions I will be glad to answer.
City Clerk Stephens swore in Developer Prakash Babu of the Hindu Temple.
Attorney Connor stated that Economic Developer gave a general description the Annexation Agreement and asked
Mr. Babu if he would give more a detailed description.
Mr. Babu stated that all of the West Peoria City Council members have seen the presentation and are familiar with
the project. He stated that he and the City of West Peoria are in the process of discussing the Annexation
Agreement and asked if Economic Developer gave any of the details?
Economic Developer Pratt said very briefly and stated that the Annexation Agreement was available on the
counter of West Peoria City Hall and also posted in the Peoria Journal Star. Anyone who wanted to look at this
had the opportunity to do so.
Mr. Babu said that the Fire Gate – isolation from Prairie Lane, from the rest of the development is included
with the rest of the Annexation Agreement. The Fire Gate only available to emergency. The concerns
expressed at the Limestone Township Hearing have been taken into account and built into the Annexation
Agreement. Something that the Babu Project ran into with the City of Peoria in their re-zoning process,
they would not hold the developer to any of the constraint, so there will not be a signed agreement. Mr.
Babu said that this is a sore spot with the Limestone Township. So with this type of agreement we are in
the process of working out is mutually open, candid and signed too. Mr. Babu then suggested that this is a
good process.
Gene Pratt said that from the City of West Peoria’s view point none of the safety issues are in dispute,
none of the fire protection district or having access to the property, having the streets wide enough are in
dispute with the City of West Peoria, I think it is fairly safe to say this. Mr. Pratt then asked Attorney for
his opinion.
Attorney Connor said there were some requests by the developer for a person associated with the condo and a
person belonging to the Hindu Temple to have access to a key to the Fire Gate. Attorney Connor stated that
Limestone Attorney Redlingshafer mentioned that the condo and Temple can have access to the Fire Gates also.
Attorney Connor stated one of the open issues is the protection of Prairie Lane. There are a lot of ways to
accomplish this. The Developer proposed a time of the year methodology for the heavy equipment when the ground
is. I suggested some sort of a road bond; there are several ways to do this. It will not be possible to do some
construction without bringing some equipment in through Prairie Lane until the private road is constructed.
We will have to resolve the road issue. The other point has been the Draft Document that has been available to
the public was a need for additional boring to determine the existence of any shaft mines in the area. The
developer has given Peoria County and the City of West Peoria the state maps showing that the mining
stopped short of this property.
Attorney Connor asked Attorney asked when he was speaking if he meant road boring or mine boring.
Attorney Redlingshafer answered mine boring.
Attorney Connor said the last issue was proposed by Developer Babu the City of West Peoria after the construction
of the private road the City of West Peoria accepts this road and undertakes the maintenance. This has led us to the
subject of the width of the road. Our City Code is thirty-four feet pavement. Developer Babu is proposing a twenty-
two foot with median and ditches with no parking available. Attorney Connor then asked the Economic Developer if
the thirty-four foot was a requirement?
Economic Developer Pratt agreed that is a thirty-four foot requirement.
Attorney Connor said this is an open issue. If there were material issues that were unresolved we would amend the
amendment, anyway other than what was available to the public, we would need another briefing at a future date so
we could share the ideas while you have all the potential players involved here tonight and work out things that
can be useful. It is not required and there is no action on the Agreement listed on the agenda tonight. Attorney
asked if there are any questions.
Alderman Dwyer asked Attorney Connor to explain mine boring.
Attorney Connor answered Alderman Dwyer saying in the Draft Agreement there are concerns of the neighbors
and the Limestone bodies asked the Developer Babu to do ten additional mine bores on the property so that any
concerns that a multi-complex building would not sink into the earth. This was a shaft mining area and this will
add some level of comfort to the residents in the vicinity.
Developer Babu in response to the proposed Annexation Agreement that he did submit ISGS Maps and ISGS
boring samples in he course of this project. There is an engineering process where by you would bore the soil for
strength and establish where the bedrock is located. This has been adhered to into securing the project. Developer
stated that the project is driven by ISGS which is very inclusive where the mine shafts are located.
Attorney Connor then asked Developer Babu how many buildings are proposed.
Developer Babu answered twelve.
Attorney Connor asked Developer Babu if there will be at least two or three bores for each building.
Developer Babu answered yes.
Attorney Connor asked Economic Developer to supply the ISGS Maps and the materials that Developer brought to
City Hall.
Developer Babu addressed the concern on protecting Prairie Lane; we went though this process during the building
of the Hindu Temple. We were in agreement with the Road Commissioner at the time when this was driven by the
Ground Freeze Principals that was when most of the heavy equipment moved.
Attorney Connor asked the Limestone Road Commissioner is this is workable.
Attorney Redlingshafer said that he hopes that there will be an inspection and a bonding place. Winter is good, but
until we can protect what can happen to Prairie Lane my clients are not willing from that point.
Alderman Mathewson asked what kind of condition is Prairie Lane at the present.
Attorney Redlingshafer said the road is passable and given the budgetary concerns of every government body if it
gets any worse there may be some major work to be done.
Alderman Mathewson then asked if the land is blacktopped or seal coated?
Answer: Both
Alderman Mathewson asked the depth of the seal coating and the width of the Lane.
Answer: Not for sure.
Mayor Dillon stated that it is very common in the Road District-Road Commissioner they will only allow
heavy trucks in dry or frozen weather. Not in the wet season. Most of the Township roads were not designed
for heavy vehicles.
Alderman Ganson commented that the Access Road in our City Code says 34 feet. Are we staying with this?
Mayor Dillon answered: We are working on this.
Alderman Dohm asked what Ordinance the thirty-four feet street width refers to.
Mayor Dillon said that the City is going through the City of Peoria for a private road is twenty- two feet and the
major road is thirty-four feet.
Alderman Dohm stated: they are using IDOT Specs. The only access road is twenty-two feet. This can be put
into the PUD.
Mayor Dillon: Our Street Department has concerns for a twenty-two foot road. Where to put the snow is one
thing and one thing that has not been brought up is a turn lane at the bottom, there has got to be a standard set
for safety as far as the width of the road the City is covered.
Developer Babu explained the ISGS Map.
1) City of Peoria street is twenty-two feet
2) Reason for Private Road twenty-two feet, environment friendly.
3) Thirty-four width of street, permits parking – we do not anticipate parking
Economic Developer said that the ISGS Mining Maps are published yearly.
Developer Babu showed the areas with the underground mines with shafts. The subsidence in the areas is minimal.
No mines in area, area is clear. Explained the ISGS Mining Bore.
Attorney Redlingshafer: Discussion is private road part of City of West Peoria.
Attorney Connor: Being discussed.
Attorney Redlingshafer stated that he will stand by his client issues, but we would like to have more boring to
stay in the Annexation Agreement.
Attorney Connor answered that we are on the same page.
Attorney Redlingshafer asked to have a copy of the boring – ISGS
City Clerk swore in: Clifford Stamm
913. N. Norwood Blvd. Peoria, Il 61603
Mr. Stamm stated that the City of Peoria has 85 petitions the Land Use Committee of Peoria has against the
project and also 41 notarized petitions in the County Clerks Office. He stated the main issue is safety. He
talked about accident/incidents that other municipalities have had with retention ponds. He stated he would
like a guarantee that this won’t happen with this project. His concern is the hill giving way.
ADJOURN PUBLIC HEARING
Motion to adjourn the Public Hearing was made by Alderman Mathewson and seconded by Alderman Ganson.
ROLL CALL VOTE – Ayes – 8 Mathewson, Ganson, Dohm, Dwyer, Meismer, O’Neill, Thomas, Venzon
Nays 0
Absent – 1 Motion Carried
Public Hearing closed at 7:36 p.m.
6. ADDITIONS TO OR DELETIONS FROM AGENDA |
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CITY COUNCIL MINUTES |
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OFFICIAL MINUTES
OF THE WEST PEORIA CITY COUNCIL
SEPTEMBER 8, 2009 AT
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
September 8, 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: Mayor Dillon, Alderman Dohm, Alderman Dwyer, Alderman
Ganson, Alderman Mathewson, Alderman Meismer, Alderman O’Neill, Alderwoman Thomas,
Alderman Venzon, City Administrator Carlson, Attorney Jim Crowley, Economic Developer Pratt,
City Clerk Stephens. Also present: Resident George Tracy and Mark and Erica Wrhel.
9. BOUNDaRY AGREEMENT BETWEEN THE CITY OF PEORIA AND THE CITY OF
WEST PEORIA.
Attorney Jim Crowley representing Attorney Bill Connor said that before the Council approves the Boundary Agreement between the City of Peoria and the City of West Peoria and Ordinance has to be enacted that authorizes the Council to enter into the Agreement. Attorney has drafted an Ordinance and attached the Agreement as an exhibit. Attorney Crowley said procedurally what you would do would be to sign off on the Ordinance and then approve the Agreement. Alderman Dwyer asked if the Ordinance allows the Council to enter into an Agreement and the Agreement is allowing the Council contractually to enter into an Agreement with the City of Peoria. Mayor Dillon suggested that the City Council will vote on:
9A. APPROVAL OF ORDINANCE 2009-17 AN ORDINANCE AUTHORIZING THE ENTRY INTO BOUNDARY AGREEMENT.
9B. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PEORIA AND THE CITY OF WEST PEORIA
DISCUSSION: Alderman Venzon asked if the Council could vote on this Ordinance if it is not on the
Agenda or is it a lump in together?
Attorney Crowley said it is a lump in together.
Mayor Dillon asked if Ordinance 2009-17 would be the Boundary Agreement.
Attorney Crowley said the Ordinance 2009-17 only allows the City Council to do this Boundary
Agreement. Then you would subsequently approve the Boundary Agreement.
Mayor Dillon asked for a motion to approve Ordinance 2009-17.
A MOTION TO APPROVE ORDINANCE 2009-17 AN ORDINANCE AUTHORIZING THE ENTRY INTO BOUNDARY AGREEMENT was made by Alderman Dwyer and seconded by Alderman Dohm.
DISCUSSION: Alderman Mathewson asked why Fulton County was mentioned on the Boundary Agreement on Page 3, Exhibit A.
Attorney Crowley asked if this is the legal description or an error and should read Peoria County?
Alderman Dohm said that Fulton County does not start until close to Farmington.
Alderman Ganson said that Peoria County does not have jurisdiciatation in Farmington.
City Administrator Carlson said that a similar agreement is going to the Peoria City Council Meeting
on September 22, 2009 and he suggested to hold it until then.
Mayor Dillon agreed to hold it until we can list it correctly on the agenda.
Alderman Dwyer said to withdraw his motion and Dohm agreed to withdraw his second to table this. Alderman Dohm asked that the fourth page, #1 of the attachment Listing A as the Map if we will have to list this Boundary Agreement as something different.
Attorney Crowley said that Exhibit A is the Boundary Agreement and that refers to the Map of the Boundaries. We wouldn’t need to re-label in the Boundary Agreement. Attach the Boundary Agreement in total with the ordinance is an exhibit within an exhibit.
Alderman Dwyer stated that he withdrew his Motion to Approve Ordinance 2009-17 authorizing The Entry Into Boundary Agreement and seconded by Alderman Dohm this withdraw.
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OFFICIAL MINUTES OF THE CITY COUNCIL
OF THE CITY OF WEST PEORIA, ILLINOIS
TUESDAY, JULY 28, 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 July 28, 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 Dwyer, Alderman Ganson,
Alderman Mathewson, Alderman Meismer, Alderman O’Neill, Alderwoman Thomas and
Alderman Venzon. Also present: Mayor James Dillon, City Treasurer Jennifer Main,
Attorney Jim Crowley representing Attorney Connor, City Administrator Carlson, Economic
Development Coordinator Pratt, City Clerk Stephens, Street Manager Henry Strube, Rolland Reinhart
and Scott Hilyard from the Peoria Journal Star.
4. ADDITIONS AND OR DELETIONS FROM AGENDA
Alderman Dohm said in the minutes from the July 14, 2009, City Council Meeting the Welcome
Wall Landscaping was tabled. He asked if this will be discussed tonight.
City Administrator said that is will go back to the Finance Committee before it comes back to
the City Council.
There are no additions or deletions from this agenda.
5. APPROVAL OF MINUTES
A Motion to approve the Minutes from the July 14, 2009, City Council Meeting was made
by Alderwoman Thomas and seconded by Alderman Dwyer
ROLL CALL VOTE –Ayes 8 Thomas, Dwyer, Dohm, Ganson, Mathewson, Meismer,
O’Neill, Venzon
Nays – 0
Absent-0
Motion Carried
10. DISCUSSION ONLY:
A. CITY OF WEST PEORIA GOALS:
City Administrator Carlson said that Goals for the City Council are in the packets and we will be
keep giving you copies to you and at some point we should review the goals and prioritize them.
Alderman Mathewson asked if we were talking about the goals or the Leadership Team.
City Administrator Carlson answered both of them.
Alderman Mathewson said that he remembers in the Leadership Team that we were going to start
discussing the goals in each of the Committees. When will this start?
City Administrator: We can start it next week at the Finance Committee.
B. ANNEXATION PROCESS – BABU DEVELOPMENT
Economic Development Coordinator Pratt: We have a three step process, provided by our attorney, to go through the Annexation, Identification of the Zoning Classification and Special Use Permit.
1st Boundary Agreement - Published Notice in the Peoria Journal Star on August 1st, 2009 and This will be posted at City Hall for 15 consecutive days. At the September 8, 2009 meeting this will be voted on.
2nd Public Hearing - Notice of Public Hearing will be published in the Peoria Journal Star the week – August 7, 2009 notifying the public about a ZBA/Plan Commission Joint Hearing on August 26, 2009 at 5:30 p.m. on what Zoning Classification it should have and Special Use Permit as a PUD
3rd Notice of Hearing and Annexation Agreement – Notice of Hearing and Annexation Agreement will be published in the Peoria Journal Star and the Community Word on August 28, 2009 to hold a Public Hearing as part of the regular City Council Meeting on September 22, 2009 regarding the Annexation Agreement and vote on it. This is a pre-annexation agreement. This will not be a formal annexation because of the location of the property. Alderman Dohm: Why would we create a zoning classification if we don’t have the Annexation in place? Attorney Crowley: I think what Attorney Connor put in the Flow Chart is what is required by the Statute as far as the Notice of Provision. What you are seeing are the requirements. I am not sure if there will be items under this.
Alderman Dohm: We are scheduling a Planning Commission and ZBA Meeting and changing jurisdiction over a piece of property we don’t have jurisdiction over.
Attorney Crowley: The point of the annexation and the pre-annexation of this property will kind of take on the characteristic of West Peoria and if the boundaries should ever attach then it would
become part of West Peoria. The property will be subject to certain ordinances, even as a result of a pre-annexation. Alderman Dohm expressed concern over the zoning aspect of this annexation. Mayor Dillon stated that in the pre-agreement it needs to be said: later on down the road if they would annex and become part of West Peoria that they would have the zoning and we need to give them the classification, even though it is premature that we would vote on this. If this would happen the process has been done and they have been granted their Special Use for a Multi-Family. This is strictly the way I interpreted this.
Attorney Crowley said that he will make a note for Attorney Connor and ask him to prepare something with a more formalization to address this and the concern you have over the zoning aspect of the meetings and the requirements therein.
Alderman Dohm: Do they still have a meeting with Peoria County Planning?
City Administrator Carlson said, Yes, on the 25th of September and that he asked Attorney Connor to make the flow chart for this and said this is the first time he has went though something like this and with a flow chart everyone would know the plan.
The pre-annexation has already went through the Legal Department with the City of Peoria and has been back and forth with our Legal Department. It is ready to go to their Council.
Alderman Mathewson asked if the Peoria City Council had to vote on this.
City Administrator Carlson: Yes
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OFFICIAL MINUTES OF THE CITY COUNCIL
OF THE CITY OF WEST PEORIA, ILLINOIS
TUESDAY, JULY 14, 2009
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 the West Peoria City Hall on July 14, 2009. Mayor Dillon thanked everyone for attending the City Council Meeting and reminded everyone that this will be aired on Channel 22 at 8:00 p.m. on Wednesday July 15th.
1. CALL TO ORDER
Meeting was called to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Dillon.
3. ROLL CALL
The following members were present: Alderman Dohm, Alderman Dwyer, Alderman Ganson, Alderman Mathewson, Alderman Meismer, Alderman O’Neill, Alderwoman Thomas, Alderman Venzon, and Mayor Dillon. Also present were City Administrator Carlson, City Attorney Connor, City Clerk Stephens, Economic Developer Pratt, Rolland Reinhart, Township Supervisor DeSutter, ZBA Chair McBride, Carl Benedict, Dave Etnier and Donald Neill.
13. ANNEXATION REQUEST
Discussion: Attorney Connor said that at the last City Council Meeting there was a presentation made by the Developer of the Babu Project and he is here tonight to see if there is any interest in moving forward with negotiations for Annexation Agreement. If is your pleasure it would be appropriate to have motion to proceed with Annexation Agreement Negotiations on this development and second to have a discussion.
Alderman Dohm made the motion to precede negotiation and have a discussion Alderman Dwyer seconded.
Discussion: Alderman Dohm asked was this a request by Babu Development to the Council?
Mayor Dillon: Yes
Alderman Ganson asked if the request to enter into Annexation Agreement that was in our packet for tonight’s meeting was a draft instead of an Agreement.
Mayor Dillon: Yes
Attorney Connor said that the Annexation Agreement requires a Public Hearing to be held by the City Council after a fair amount of notice. I would recommend that the City Council rely on the City Staff and Mayor to put together a proposal and circulate it to the Council for their review and the Council provide individual feedback. I would advise you not to vote on this until an appropriate Hearing has been held.
Alderman Dohm: Are there any variations that we would have to use one of our newer Ordinances that would require ZBA?
Attorney Conner: Yes
Attorney Connor stated that there is a motion on the floor to being negotiation or annexation agreements.
City Administrator Carlson asked Attorney Connor if he would design a flow chart upon approval.
Attorney Connor: Yes
ROLL CALL VOTE: Ayes – 8 Dohm, Dwyer, Ganson, Mathewson, Meismer, O’Neill, Thomas, Venzon
Nays – 0
Absent – 0 Motion Carried
OFFICIAL MINUTES OF THE CITY COUNCIL
OF THE CITY OF WEST PEORIA, ILLINOIS
TUESDAY JUNE 23, 2009
7:00 P.M.
WEST PEORIA CITY HALL
2506 W. ROHMANN AVENUE, WEST PEORIA IL
10. OTHER BUSINESS – DISCUSSION ONLY
A. PRAKASH BABU PRESENTATION
Alderman Leroy Dohm introduced Mr. Babu to Mayor Dillon and the City Council. Mr. Babu
gave a presentation of the purposed condominiums for seniors and approached the council with
possible annexation to the City of West Peoria. Mr. Babu explained that he is within 1.5 miles
to three cities who has jurisdiction of this property, Bellevue, Peoria and West Peoria. Mr. Babu
stated that the Condo’s will be of high quality in the Kickapoo Bluff area and when completed it
will generate a sizable tax base, but because of elderly housing it will not be taxing the school
district. Mr. Babu talked about the infrastructure involved in this presentation.
Attorney Connor explained how the annexation would work. The Annexation Agreement Discussion
could be the next step after the Council had a chance to take into view and check out the property.
Ultimately the City Council would have to hold a Public Hearing on the Annexation Agreement,
then could vote on it. The property that is subject to annexation typically would have a Plan
Commission Hearing and then zone the property. This will go to the City Council Meeting July14,
2009.
City Administrator Carlson suggested that all the City Council Members go and check out this
property and to put any questions they may have out for answers at the July 14th City Council Meeting.
MINUTES
Zoning Board of Appeals
Troy Roberts, Chairman
March 12, 2009
A meeting of the Peoria County Zoning Board of Appeals was held on Thursday, March 12, 2009, in Room 403 of the Peoria County Courthouse, 324 Main Street, Peoria, Illinois. The meeting was called to order by Chairperson Troy Roberts at 9:05 a.m.
PRESENT: Chairperson Troy Roberts, Don Gorman, Harold Lightbody, William O'Brien Richard Heinz, Gary Pullen, Larry Cox
ABSENT: Beverly Taylor, Jeffrey Myers
STAFF: Kathi Lowder- Assistant Director
Andrew Braun- Planner II
Kristen Penniston- Planner I
Melinda Mannlein- Civil Assistant State’s Attorney
Melissa Cavanaugh - ZBA Administrative Assistant
Cheryl Ciota- Administrative Assistant
Case No. 064-08-Z at 10:00 a.m.
Petition of RATNA & PRAKASH BABU, acting on their own behalf, request a REZONING from "A-2" Agriculture to "R-3" Multi-family Residential. The petitioner proposes to rezone 25 acres for the purpose of constructing multi-family residential units.
Ms. Lowder opened the case. To date, there were 0 consents and 84 objections on file. The case was published in the Limestone Independent News on October 15, 2008 and the Peoria Journal Star on October 28, 2008. The latest correspondence from the Limestone Township Planning Commission recommended approval with concerns. Copies of the countywide map, aerial view of the property, surrounding zoning, and site plan of the property were shown in a video presentation. A site video of the subject property was shown.
Prakash Babu, 6449 N. Live Oak Court, was sworn in. Mr. Babu submitted a 40 page presentation for the record. The presentation titled, "Elderly Housing and Hindu Temple Infrastructure" was marked as Exhibit #1. Mr. Babu discussed the need for elderly housing, citing statistics from a 2005 United Stated Department of Housing and Urban Development study. He plans to construct elderly housing condos in several phases with as many as 179 residences. The first phase will consist of three 12-unit buildings. He discussed five items of concern from the October 28, 2008 Limestone Township Planning Commission Meeting which included traffic issues on Prairie Lane, fire protection access and water source, negative impacts to homeowners on Hill Top and Prairie Land, and a strong encouragement to explore Creek Road access. At their request Mr. Babu researched the Kickapoo Creek Road access to determine both economic and engineering feasibility. Mr. Babu testified that the optimum solution involves constructing a private road, 22 feet wide, at a length of 2600 feet long. The road would be engineered at a maximum grade of 9 % and would involve both parcels of land. The total cost for the road including sewer and water is estimated at 1.7 million dollars.
Mr. Babu referenced a letter from the Pleasant Valley Public Water District dated January 28, 2009 which stated, "The Pleasant Valley Public Water District is capable of adequately providing daily usage water for the Hindu Residential development. It should be noted that this supply is dependent upon looping our system from Kickapoo Creek Road to Prairie Lane. The developer will be responsible for looping water-main and for determining fire flows for building sprinklers." Mr. Babu testified that then plan to connect to a 10 inch water main located at the intersection of Kickapoo Creek and Farmington Roads. The Temple is currently connected to only a 4 inch water line.
Mr. Babu referenced a letter from the Greater Peoria Sanitary District dated February 9, 2009 which stated, "The Sanitary District has reviewed your request for 700 PE to be discharged to the Kickapoo Interceptor and we have determined that capacity does exist for your proposed development." Mr. Babu testified that he sewer pick up point is located on the other side of Kickapoo Creek Road and over the railroad tracks. The sanitary process will be robust using a creek basin versus the current lift station.
Mr. Babu referenced the comments of Tom McFarland, County Engineer with the Peoria County Highway Department, which stated, "Providing an entrance from Kickapoo Creek Road will be approved provided the design meets the requirements of the Highway."
Mr. Babu discussed the stipulations which Limestone Township Planning Commission would like to see formalized in an agreement. The stipulations are unique to this development and center around the usage of Prairie Lane, a public road.
Mr. Babu testified that the primary cost of the infrastructure development and maintenance will be shared between the Temple and the Elderly Housing Association. He testified that the Temple parcel will remain tax exempt under 501(c) 3, and that the elderly condos will be taxed according to the prevailing rates of the County. He feels this is the highest and best use of land which has been vacant for decades. Mr. Babu gave specific examples of how his request is consistent with goals and objectives of both the Peoria County Comprehensive Land Use Plan and Kickapoo Valley Small Area Plan.
Mr. Roberts asked the time frame from start to Phase 1 completion. Mr. Babu testified 2 years. Mr. Babu explained that Phase 1 will include excavation, road construction, and construction of 3 condo buildings, totaling 36 units.
Devin Birch, Austin Engineering, 8100 N. University, was sworn in. Mr. Birch answered questions with regards to how the stipulations requested by Limestone Township in a letter dated February 27, 2009 would impact Phase 1 of construction. Mr. Birch testified that if they could get it in writing, the use of Prairie Lane and Hilltop Lane would be very minimal, just enough to get the road started. They need to clear, they need to get a grade going, and they need to get all construction traffic off of Kickapoo Creek Road as soon as possible.
Mr. Heinz stated that the entrance off of Kickapoo Creek Road would be constructed to County Highway standards. He questioned what standards the road itself would adhere to. Mr. Birch testified it would be a private road, not regulated by any standards in the County. Mr. Babu testified that he plans to construct the road according to City of Peoria ordinance requirements, which include curbs and gutters. Mr. Babu stated this property is within a mile and a half of 3 jurisdictions: City of Peoria, West Peoria, and Bellevue. The petitioners are working on an intergovernmental agreement with West Peoria, in which they would accept road construction based on those requirements of the City of Peoria. Mr. Babu explained that a private road made more sense due to smaller construction costs, maintenance costs, and damage to the environment. Additionally, it makes more sense to have a private road serving the Temple, a non-profit entity.
The taxing issue was discussed. Ms. Lowder referenced a letter from Dave Ryan, Peoria County Supervisor of Assessments, dated January 27, 2009. The letter stated that he would only comment on a similar property and its exempt status, as the ultimate authority on this determination is the State of Illinois. The property referenced was Lutheran Hillside Village and in that particular case the duplex condos were considered taxable. Mr. Babu restated that the Temple will remain tax exempt under 501(c) 3, and that the condos will be privately owned and subject to tax.
Dr. Mahasukh Shah, 5827 N. Briarwood, was sworn in. He was a Vice President of the Temple for 3 years. He testified to his desire to live closer to the temple as he grows older.
Mr. Babu testified that this project will be open to all people, 50 years of age and older. The anticipated market value of each condo is $250,000 to $300,000.
John Redlingshafer of Heyl, Royster, Voelker & Allen, was sworn in. Mr. Redlingshafer represents Limestone Township, Limestone Township Road District, and the Limestone Township Fire Protection District. He is discouraged that nothing has been signed with regard to the Prairie Lane stipulations. He would like to see the safety standards met and addressed before permitting. He stated that he was not aware of the intergovernmental agreement with West Peoria until today.
Discussion occurred with regard to the stated agreements. Mr. Lightbody questioned whether the ZBA should vote in absence of signed agreements. Mr. Roberts stated that it depends on whether or not an agreement is needed. Mr. Roberts thought on Prairie Lane is that it is a public road with existing weight restrictions to which the petitioner would be required to adhere.
Mr. Lightbody disclosed for the record that he knows Skip Light, Gary Canter, Dean Penn, and the Supervisor of Limestone Township.
Gary Canter, Acting Chief of Limestone Township Fire Protection District, 6105 W Plank Road, was sworn in. He stated they have been involved in this proposal since October 2008. He referenced a letter dated February 27, 2009 which he outlined his understanding of the design including but not limited to water supply, turnaround size and placement, secondary access to the parcel. He stated they have come to verbal agreements on many items, but is concerned that nothing is in writing. Mr. Roberts asked if any of these items go above and beyond what is required by the law. Mr. Canter explained that the design proposal will be regulated during code review; however, these are the generally accepted building standards.
Dean Penn, Chairman of Limestone Township Planning Commission, 832 S Airport Road, was sworn in. He testified that the Limestone Township Planning Commission met with the petitioner numerous times and voted to approve the request with numerous stipulations. Mr. Penn is concerned that nothing has been solidified with regard to those stipulations. He feels they need a more complete plan before a decision can be made.
It was Mr. Redlingshafer's understanding that the petitioners feel it is too early to address any concerns past Phase 1. Mr. O'Brien asked if all of their concerns have been voiced. Mr. Redlingshafer stated that based on their letters, you would have seen all of their objections. Mr. Redlinshafer read the 5 concerns of Limestone Township & the 3 concerns of the Road District for the record. (Both letters received by Planning and Zoning and date stamped February 27, 2009). He read the major concerns of the Planning Commission as listed in the minutes from their January 7, 2009 meeting.
Mr. Gorman feels the requirements of the Fire Department are very crucial in maintaining the quality and safety of those living there. Mr. Roberts is not comfortable requiring the petitioner to enter into any agreements.
Mr. Pullen questioned how many concerns will be addressed by codes. Ms. Lowder stated that the building codes would apply only to construction. Because this is a private road, the County will review the road design but can only comment on how the access impacts Kickapoo Creek Road. There will be NPDES requirements with regard to storm water run off and erosion control, however, the County is not involved in reviewing the road design for storm water detention because it being a private road. She further explained that the City of Peoria and West Peoria are nearing an intergovernmental agreement. It is her understanding that the City of Peoria is willing to give West Peoria jurisdiction. If signed, West Peoria will have the ability to make requirements on the road based on their Ordinance. Peoria City Council has not voted on this agreement. However, the Mayor of West Peoria stated in a letter that he has no objection to the concern of private roads in the development.
Clifford Stamm, 913 N. Norwood Boulevard, was sworn in. He is speaking on behalf of his in-laws who own property at 1105 (Kickapoo) Creek Road and 3112 Farmington Road. He spoke of open mine shafts in the area and offered to show them to any ZBA member. He spoke of the mine map, and stated that it does not show the Rocky Glen mine. He is concerned with the retention ponds, possible flooding and traffic impacts on Kickapoo Creek Road, and open mine shafts in the area. He is also concerned with the 50 year old age requirement, stating that individuals 50 years old can still have kids in school. He spoke of red water seepage from mine shafts and lying in the ditches along Farmington Road. He presented a mining map to the ZBA. This same map is already part of the file and was submitted by John Redlinshafer on February 27, 2009. The ZBA reviewed the map. Mr. Stamm testified that he cannot say as to where these mines are located, only that they are located on top of the hill.
Mike Sholty, 4517 Prairie Lane, was sworn in. He is concerned that if they cannot sell these condos that they will rent them or convert them to Section 8 housing. He is concerned with future maintenance of the private road and the proposed access location at Farmington Road and Kickapoo Creek.
John Redlingshafer stated that Pat Hidden, County Board member, was given a petition with opposition signatures of area residents. Mr. O'Brien questioned what items of concerns were listed on the petition. Mr. Stamm replied impacts on the school district, roads and traffic.
Ms. Lowder made an additional statement for the record concerning the building permit. She stated that the multi family residential developments will be subject to a commercial permit and therefore will require review by the Limestone Township Fire Protection District.
Mr. Babu returned to the stand. First, he responded to the statements regarding absence of a signed agreement. He indicated that Mr. Redlingshafer faxed him an agreement with regards to Prairie Lane at 10 p.m. last night. Mr. Babu responded back to Mr. Redlingshafer at midnight. He intends to sign the agreement but not before reviewing it further with his engineer, Devin Birch. Second, he responded to the comments and map regarding the mine shafts in the area. Mr. Babu testified that his property is located in Section 1 of Limestone Township. He referred to the slide titled "Coal Map Section 1 Limestone Township" from his presentation. The map indicates mine presence in pink and shows a large presence in Section 11 and in the southeast corner of Section 1. The area where the proposed residential development is planned is highlighted white and void of any mine shaft reported damage.
Devin Birch testified that his expertise on mines is limited to what is shown on that map. He testified that they will work with or deal with any problems that arise during construction, even if it means the project cannot be completed. He stated that it is in Mr. Babu's best interest to research the coal mines prior to and that he will do everything he can to assist him. He cannot answer the question as to what step 1, 2, or 3 will be, but as a professional engineer will not put his name on anything that he is concerned will fail later down the road.
Mr. Babu testified that they will do soil samplings as they map out the proposed developments in Phase 1.
Patrick Meyer, Limestone Township Engineer, 15109 W Bittersweet in Brimfield, was sworn in. With regard to the mine map, Mr. Meyer stated that the existing Temple is in the "pink area" and that the Township feels further investigation is required to determine whether or not the proposed development would be outside the pink boundary. Mr. Roberts asked Mr. Myer if he was aware of any state or federal testing requirements with regards to mines. Mr. Myer stated that on the local level it will probably rest with the insurance carrier. Mr. Roberts asked Mr. Myer if he was aware of any known problems with mines in the general area. Mr. Myer was not.
Mr. Redlingshafer stated that there is some confusion with testimony presented today regarding use of Prairie Lane. He thought they were close to an agreement with Mr. Babu that limited the use of Prairie Lane to a job trailer. Now he hears testimony to the type of equipment, i.e. core drilling that would be using Prairie Lane. Devin Birch testified that he was not part of any discussion that occurred since the January meeting with Mr. Myer in which he stated that they would approach (Mr. Myer) on anything and everything for approval. According to Mr. Babu the idea of a job trailer is new and has not been reviewed with Devin and is one reason he has yet to sign the agreement. Mr. Meyer testified that they did have an initial discussion with regard to certain pre construction vehicles. After discussion with the Township Supervisor, Road District and Highway, they came back with the job trailer stipulation. Mr. Birch testified that since then he has not been involved.
Prakash Babu and Mr. Birch argued that they must first get the property rezoned in order to have a project.
Ratna Babu, 6449 Live Oak Court, was sworn in. She questioned whether the purpose of the rezoning is to address the Comprehensive Plan and obvious safety issues or to address every detail of the project. She explained that after the Temple was granted a Special Use in 1998 there were conditions that they were required to meet which were not part of the special use application, i.e. erosion control permit and the construction of a detention pond, installation of an elevator by the ADA, and landscaping requirements of the Zoning Ordinance. They fully intend to abide by the regulations of all outside agencies and intend to create a development which they can be proud of for years to come.
Mr. O'Brien has concerns that the conditions may not be carried out.
Mr. Birch asked if the staff recommendation would be discussed or addressed. Mr. Roberts stated that the staff report recommending approval was part of record.
Mr. Gorman would like to see soil samplings taken before the County Board hearing.
Mr. Cox has concerns with the mine shafts and would like to see additional testing for the protection of everyone.
Ratna Babu argued that they should be careful to not require more of them than they would anyone else.
A motion to close and deliberate was made by Mr. O'Brien and seconded by Mr. Pullen. Seven affirmative votes; 7-0.
Case No. 065-08-Z at 10:00 a.m.
Petition of HINDU TEMPLE OF CENTRAL ILLINOIS, an Illinois Religious Corporation, acting on their own behalf, requests a REZONING from "A-2" Agriculture to "R-3" Multi-family Residential. The petitioner proposes to rezone 25 acres for the purpose of constructing multi-family residential units. (PRAKASH BABU- CHAIRPERSON, 6449 N. LIVE OAK, PEORIA IL 61615; OM SUREKA- TREASURER, 5431 W STONEBRIDGE CT, PEORIA IL 61615; GN NAIDU- VICE CHAIRMAN, 912 W BUTTERFIELD DR, PEORIA IL 61614)
Ms. Lowder opened the case. To date, there were 0 consents and 0 objections on file. All the other objections referenced the first case, 064-08-Z. The case was published in the Limestone Independent News on October 15, 2008 and the Peoria Journal Star on October 28, 2008. The latest correspondence from the Limestone Township Planning Commission recommended approval with concerns. A staff report dated March 3, 2009 recommends approval.
A motion to incorporate testimony from 064-08-Z into 065-08-Z was made by Mr. Pullen and seconded by Mr. Cox. Seven affirmative votes; 7-0.
There was no further evidence or testimony.
A motion to close and deliberate was made by Mr. Heinz and seconded by Mr. Cox. Seven affirmative votes; 7-0.
Executive Session Review
Ms. Mannlein recommends holding executive session minutes relating to litigation. A motion to continue to hold outstanding executive session minutes was made by Mr. Gorman and seconded by Mr. Cox. Six affirmative votes, Mr. Pullen in opposition; 6-1.
Meeting adjourned at 3:32 p.m.
Respectfully submitted,
Melissa Cavanaugh
ZBA Administrative Assistant
_____________________________________________________________________________
Bonnie J. Hester, District 1 Junior Watkins, District 2 Lynn Scott Pearson, District 3 Andrew Rand, District 4 Bud Sous, District 5 G. Allen Mayer, District 6 James C. Dillon, District 7 Phillip Salzer, District 8 Michael Phelan, District 9 Thomas H. O’Neill, Chairperson R. Steve Sonnemaker, County Clerk Timothy D. Riggenbach, District 10 Merle Widmer, District 11 Robert Baietto, District 12 Vice Chairperson William R. Prather, District 13 Brian Elsasser, District 14 Carol Trumpe, District 15 Brad Harding, District 16 Chairperson Thomas O’Neill, District 17 Patricia Hidden, District 18
Peoria County Board
REGULAR MEETING
Thursday, April 09, 2009
6:00 PM
County Courthouse • 324 Main Street • County Board Room 403 • Peoria, Illinois 61602
Voice: (309) 672-6056 • Fax: (309) 672-6054 • TDD: (309) 672-6073
www.peoriacounty.org/countyboard
CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL BY THE COUNTY CLERK
Attendance was taken with the Roll Call-Pro voting system, and the following members of the Board were present: Baietto, Dillon, Elsasser, Harding, Hester, Hidden, Mayer, O'Neill, Pearson, Phelan, Prather, Rand, Riggenbach, Salzer, Sous, Trumpe, Watkins and Widmer.
I. APPROVAL OF MINUTES
Approval of March 12, 2009 County Board Meeting Minutes
Baietto moved for approval of the minutes and Watkins seconded. The minutes were approved by a unanimous roll call vote of 18 ayes.
II. PROCLAMATIONS & PRESENTATIONS
- A proclamation from your Chairmain recognizing April as Child Abuse Prevention Month.
- A proclamation from your Chairman recognizing the "Employees of the Month".
- A proclamation from your Chairman commending Scott Sorrel for serving as
"Interim Budget Director" from 2006 - 2007.
-
A proclamation from your Chairman recognizing May 3 - 9, 2009, as "
National
Correctional Officers Recognition Week". Peoria County Board Minutes, Thursday, April 09, 2009 2
Elsasser left the meeting.
- A proclamation from your Chairman recognizing May 10 - 16, 2009, as "National
Police Week".
- A proclamation from your Chairman recognizing May 3 - 9, 2009 as "National County Government Week".
Elsasser returned to the meeting.
- A recognition of "Friends of Clonmel Marching Band of Tipperary, Ireland"
visit to the Peoria area in July 2009.
III. CONSENT AGENDA
The Chairman removed the Tri-County Regional Planning Commission appointments from the Consent Agenda.
- IDOT Motor Fuel Tax Audit 2002-2004
- The Treasurer Report consisting of the Bank and CD's Portfolio for the month of February 2009, and the Revenue & Expenditure Reports for the month of January 2009.
- A resolution (item 1) from your Tax/EDC Committee recommending that the
Chairman of the Peoria County Board be authorized and directed to execute deeds
of conveyance of the County's interest to the highest bidder and be authorized to
cancel the appropriate certificates of Purchase. This resolution shall be effective
ninety days from April 9, 2009 and any transaction between the parties involved
not occurring within this period shall be null and void.
- Appointments
Pearson moved to approve the Consent Agenda and Prather seconded. Hidden asked that
the Greater Peoria Sanitary and Sewage District appointment be removed from the
Consent Agenda. The Consent Agenda without the Tri-County Regional Planning
Commission and Greater Peoria Sanitary and Sewage District appointments was
approved by a unanimous roll call vote of 18 ayes.
Greater Peoria Sanitary and Sewage District Appointment
Hidden said that she was concerned about the appointment of Matt Jones to the Greater
Peoria Sanitary and Sewage District Board because he did not attend a lot of Care and
Treatment Board meetings when he was a member. She stated that there is nothing
personal in her objection, but she feels when someone is appointed to a board, they need
to attend meetings. Mayer asked that Mr. Jones be allowed to address the Board. Mr.
Jones said that he did not want to minimize the meetings he did miss, although he thinks
his attendance was above average. He explained at the time he was on the Care and
Peoria County Board Minutes, Thursday, April 09, 2009 3
Treatment Board, he had a legal practice; he is no longer a member of that firm. With his
current employer, conflicts with court appearances will not be a problem. Also, the days
on which the Care and Treatment Board met changed, which made scheduling other
matters a problem. This will not be the case with the Sanitary District which has a regular
meeting day. He said that if in one year the Board is not satisfied with his attendance, he
will go to the Chairman, and the Board can find someone who will do the job better.
Phelan commended the Chairman for nominating Mr. Jones. He feels that
Mr. Jones will bring a level of expertise to the Board that has been lacking. Baietto stated
he believes Mr. Jones will do a good job at the Sanitary District.
Mayer moved to approve Mr. Jones' appointment to the Greater Peoria Sanitary and
Sewage District Board and Riggenbach seconded. The appointment was approved by a
unanimous roll call vote of 18 ayes.
IV. CITIZENS’ REMARKS
Peg Pendell, 3523 N. Knoxville Avenue, addressed the Board with regard to the Board of Review. Ms. Pendell said that she bought a house seven years ago, and within three years her taxes went up about fifty percent. That is a problem because she is on Social Security. She appealed to the Board of Review based in part on the refinancing of her mortgage. She has not had a hearing yet; most of the time when she has gone to the office, no one has been there. She needs some action on her appeal.
Clifford Stamm, 913 N. Norwood, addressed the Board with regard to the Babu rezoning. Mr. Babu wants to make some changes that have not been presented to the Limestone Township Planning Commission, the Zoning Board of Appeals or the Land Use Committee. He is going to abide by the rules and not say what these things are. He believes that all these Committees have been deceived on this project. He asked that this matter be sent back to the Zoning Board. Mr. Stamm stated that he is representing his in-laws who live on Creek Road, and who have been too ill to attend the meetings.
Pearson left the meeting.
Gary Kantner, Acting Fire Chief, Limestone Township Fire Protection District, 6105 W. Plank Road, also addressed the Board with regard to the Babu rezoning. Mr. Kanter said that he has been working with the petitioners since October, 2008. If the project is done correctly, it will be a big asset to the community. If it is done poorly, it will be a great liability. There have been some big issues with water supply and access. They have been trying to get agreements in writing, which they do not have yet. It is a pretty big project for the District, and he is not quite sure what is going to happen yet.
Pearson returned to the meeting.
John Redlingshafer, 124 S.W. Adams, addressed the Board with regard to the Babu rezoning. He noted that he represents Limestone Township, the Limestone Township Road District and the Limestone Township Fire Protection District. The Limestone Township Planning Commission approved this petition with several stipulations. His clients' collective goal is to protect the interests of current and future residents. If this
means that these petitions need to be referred back to the Zoning Board of Appeals to make sure that we get the whole story, he would hope that would be done.
ZBA Case #064-08-Z, Ratna & Prakash Babu. A Rezoning request from"A-2"
Agricultural to "R-3" Multi-family Residential. The property is located in
Limestone Township. The Zoning Board of Appeals recommends approval. The
with r
Land Use Committee recommendation to the County Board is to refer Case
064-08-Z back to the ZBA for further fact finding.
Trumpe moved to approve the Ordinance and Pearson seconded. Trumpe explained
that the purpose of the request is to build multi-family housing for persons 50 plus Peoria County Board Minutes, Thursday, April 09, 2009
6
years of age. There have been concerns with regard to dormant mines and sewage
disposal. The Land Use Committee has asked that additional soil and/or subsidence
analysis be completed and submitted to the Zoning Board for review. The Committee
has further asked that specific sewage line design be submitted to the Zoning Board for
review. Elsasser said that the most appropriate thing to do is send this case and Case
No. 065-08-Z back to the ZBA. Trumpe asked for a clarification
egard to the
motion since the item as stated includes the Committee's recommendation to refer
these cases back to the Zoning Board. Mr. Atkins explained that the recommendation
being voted on is actually the Zoning Board's recommendation for approval. The
Committee's recommendation is a local rule that does not exist is state law. Trumpe
moved to refer Case No. 064-08-Z back to the Zoning Board of Appeals for further fact
finding and Hidden seconded.
(The Clerk noted that she had exited the voting system by mistake. In order to advance
the software to Item No. 4 on the agenda, roll call had to be taken again).
Phelan asked Mr. Wahl for his recommendation on the referral. Mr. Wahl said that his
Department had already recommended approval, but does not comment on what the
Board wants to do procedurally. Phelan then asked to hear from the Petitioners. The
Chairman stated that the Petitioners had five minutes to speak. Mr. Babu stated that
the Board's decision ten years ago to approve the temple was historic. He explained
that the current project is phase two. They want to create new infrastructure for the
temple because they are being perceived as a burden to the current infrastructure.
They are also sensitive that the Township is resentful it has to maintain the road
that takes the temple traffic, the temple being a non-tax paying entity, but that is no
different than a church. Nevertheless, since they do not live in the township, members
live throughout the county, there is resentment. Neighbors think that the temple has
created too much traffic. The property in question has been a playground for
unauthorized ATVs and hunters for decades. They have been working with the Sheriff
on these issues. The Chair announced that the five minutes had elapsed and asked if
any member wished to extend the time. Widmer stated that he did. Mr. Babu noted
that erosion will be controlled better than it is today. These will also be high end
condos. With regard to the mineshafts, most of the township sits on underground
mines. There is a big difference between a shaft, which is the vertical opening leading
to the mine, and an underground mine. However, the proposed area is outside of the
mine area.
Pearson asked for a clarification of the local governments' concerns. Mr. Redlingshafer
stated that his clients at no point have been resentful. The problem is we don't know
what's underground. His clients want their concerns addressed in writing. They have
proposed an agreement which has not been signed. Phelan asked that those on the
Land Use Committee who advocate so strongly for all petitioners who come before this
county, would advocate as well for this petitioner to get this done and approved. He is
bewildered because this petition fits into the Land Use Plan, the Strategic Plan, it is
near a population center, it has public water and sewer, and the Sanitary District has
determined that capacity exists. He does not understand why this is not being voted on
tonight and approved. It was said earlier tonight that nothing was needed in writing
because those petitioners were good people. He thinks that the Board should take
these people at their word too. Peoria County Board Minutes, Thursday, April 09, 2009 7
Trumpe asked that Mrs. Babu be allowed to speak. The Chair stated she would have three minutes to speak. Mrs. Babu asked that the Board focus on the facts. There is a need across the country for empty nester and elderly housing. This is a worthy development benefiting everyone. It is the highest and best of use of land which has been vacant for decades. Ultimately, it will divert traffic away from Prairie Lane and contribute to school district taxes without adding any children to the schools. With so many positive aspects of the project, one wonders what the real reasons are for the objections, particularly when the Township is organizing and orchestrating the opposition after approving the rezoning. They changed their plans three times to address objections. There is something that does not meet the eye. Pearson thanked Mr. Phelan for his comments because she cannot understand what the problems are either. She hopes that everything necessary will be signed so that this project can move forward because we need more senior housing. Pearson moved the previous question.
The Clerk clarified that the motion is to refer this case back to the ZBA. The motion to refer passed by a roll call vote of 13 ayes and 5 nays, with Dillon, Hester, Pearson, Phelan and Sous voting nay.
- ZBA Case #065-08-Z, Hindu Temple of Central Illinois. A Rezoning request from
"A-2" Agricultural to "R-3" Multi-family Residential. The property is located in
Limestone Township. The Zoning Board of Appeals recommends approval. The
Land Use Committee recommendation to the County Board is to refer
Case 065-08-Z back to the ZBA for further fact finding.
Trumpe moved to approve the Ordinance and Hester seconded. Trumpe then moved
to refer Case No. 065-08-Z back to the Zoning Board of Appeals and Elsasser
seconded. Trumpe asked that the County pay the re-publication fees. The motion to
refer was approved by a roll call vote of 12 ayes and 6 nays, with Dillon, Hester,
Pearson, Phelan, Sous and Widmer voting nay.
Salzer left the meeting.
ZBA Report.pdf