City of Bloomington, Illinois City Council Meetings, 18 Apr 2016

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From YouTube: April 18, 2016 - Committee of the Whole City Council Meeting

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April 18, 2016 - Committee of the Whole City Council Meeting
http://www.cityblm.org

View meeting documentation:
http://www.cityblm.org/index.aspx?page=17&recordid=4300

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A

We're gonna go ahead and call the meeting a special meeting of the Bloomington City Council order. Madam Court, would you please call the roll Ottoman.

B

Lauer here here here.

C

B

Bargain here painter here- oh damn, it Schmidt here women Hallman here Ottoman blah Ottoman throwin here.

A

Here, thank you very much at this point. We do have one person who signed up for public comment: Patricia, Martin attrition.

A

You have the floor, Patricia and you're, the only one. So I think it's come on down. The price is right.

D

Okay again, my participation and local mental health issues is proving to be most rewarding.

D

For example, I am impressed with the energy Laura beavers and her staff at the Health Department generate as they prepare programs for those working with the mentally ill, as well as the forthcoming may forum, I'm, also impressed by the interest taken in such project by members of our community, both young and old, who have approached me with questions about them, ranging from an ISU political science student to an administrator dealing directly with the elderly and housing, showing that there is definitely a concern and need for this type of training.

D

Therefore, we must make sure this carefully formulated material is put into practice in our city and county institutions, for it can help us choose the people we hire. People who can skillfully handle the complexities of the institution's they represent, not just the patrons but also staffed for the staff are directly dependent on their administrators for their life. Hood no employee in any institution should be put into situations that he or she might feel, are questionable.

D

No patron either should find himself or herself in questionable situations. Either we live in a society made up of people of different ages and cultures. Each has his or her own part and each needs the protection and consideration of the institutions that they frequent as an elderly woman I do not want to be shoved into a dark corner, metaphorically speaking or otherwise. My concerns ignored or ridiculed administrators who are capable of doing this must be immediately dismissed before they harm the reputation of the institution.

D

Also, we are investing millions of dollars in our institutions coming from the texts of people like ourselves and I admire alderman, Lauer and freuen for the recent stance on issues regarding the budget, both local and state, which I'm obviously concerned about as well, especially the community care program, cuts this Friday. We are meeting three prospective candidates for the library director position in Bloomington. I, look forward to this meeting with hope and trepidation.

D

Let us choose the finalists through a most careful selection process and after the decision is made, continue our contact with him or her on an ongoing basis. So we can know him or her better and he or she can know us and our needs better too, and this should include the Board of Trustees, the City Council as well as concerned.

D

Patrons and I would still like to have a fireworks display on world elder awareness abuse day in June in the courthouse square, to show that our community and county are opposed to the abuse and suffering inflicted on some 5 million elderly Americans during the last year. We've earned it okay. Thank you very much. Thank.

A

You and came in under budget there, Patricia good, just to clarify this. The middle meeting of the month is normally considered to be a committee. The whole meeting. The difference, of course, is that it committing the whole meeting we actually just discuss and have information presented, exchange, ideas and thoughts or, as today, we needed to take some specific action on a couple of items, particularly the liquor license for venue works, but not in that order.

A

We're going to go ahead and move on to the action on Settlement Authority in the case of Calhoun versus the city of Bloomington, and we have a brief presentation and then we'll have counsel discussion Jim. Thank you very.

E

Good afternoon, everyone I'm here to update you on the status of the Calhoun versus Bloomington case I'm, wanted to report that the case was resolved last week when the plaintiff accepted an offer of judgment from the city for 120 thousand dollars, including attorneys fees and all costs. This is a decision that was made essentially by the city's insurance company was an economic decision based upon the fact that we had calculated that it would cost at least twice the amount of the settlement to simply to defend the case, moving forward through trial.

E

So if the settlement, just so you all know, is not an admission of liability, we had always contended and always believed that the police officers who were sued in this case acted appropriately in subduing miss Calhoun in the midst of a very tense and chaotic fight that had occurred at the dennys after spilling out from the lucky garden restaurant and that it was that they actually used fairly admirable restraint and resolving that without having to resort to any kind of weaponry, leading to any kind of significant injuries or anything of that nature.

E

So so the case is now resolved. One. Thank you for the opportunity to have been of service to you and if you have any questions, I'm happy to address them, questions.

A

Okay, thank you very much I going to hang around as we begin our council discussion on this. Thank you. Thank you very much again, just to clarify. There is no admission correct by on the city of Bloomington to settle for this. We've already been we've already paid over one hundred thirty thousand dollars in legal fees. So far legal costs combined and the estimate is that this would cost us considerably more, perhaps double 120 thousand dollar settlement.

A

Okay, I think that's the 500-foot point in this situation, and especially for those of us I think may perhaps all of us have seen the video you know. We certainly believe our police officers acted appropriately in this situation. Justice I want to say that as mayor for the record, questions or comments motion.

F

A

Right, you'd love to entertain a motion: we've sorry, all the woman Schmidt. I.

F

Will make a motion that we approve this settlement is presented to it? Okay,.

A

Is there a second second second, further discussion? Okay, if everyone will go ahead and vote, then there's no further discussion.

A

The motion carries nine eyes, no neighs to announce madam clerk. Thank you very much. All right. We move right along next to the action on application for venue, work of Bloomington LLC and its. We know where it's located at the Coliseum 101 south madison, and we have a recommendation from the liquor commission that at a EAS license liquor license be given to venue works again just to clarify this is same license.

A

The in effect the stadium license that the Coliseum previous management company, the Siam central Illinois arena management, had you know the same agreement, but liquor licenses go with people or businesses, not necessarily physical buildings. Questions comments on this. Would you have a representative course sofa and your works in the audience? Is there a motion to approve make.

F

That motion there move.

A

By all the woman Schmidt is there a second second second by all the woman helmet any further discussion, seeing none again I vote, of course, is in favor of extending a liquor license too many works.

A

The that motion carries also 920. There are no names to announce, madam clerk. Thank you now moving right along, we have a Bloomington Administrative Court and the presentation of the first year, an overview and Angela I'll go ahead and turn that over to you and just to clarify for everyone they. This is a court which established little over a year ago within the city of Bloomington.

A

In the past, we would have to go to the our local Circuit Court here, and that was very cumbersome and very time-consuming, and so at this point you want to kind of give us an update that Angela. Yes,.

G

We started just about a year ago and we have paced court here on the second and fourth wednesdays of the month, 30 at eight-thirty, and then we have behavioral court that is in the Osborn room over at the police department. I am going to try to do this. That's not working. We have a excellent intern that helped us put this PowerPoint together, Olivia heffron, and here we go from.

A

Illinois Wesleyan just wonder, act that clear and.

G

I want first day we've had an outstanding staff in the legal department in Bloomington Nicki. Where has helped run the administrative court. Jan sharp has helped us put together the files chris mellor as a paralegal that I can't live without and then George Boyle has helped once I've gotten the judgments and administrative court going forward and enforcing the judgments along with Greg Morton, my firm okay, so our first hearing date was actually April. 8 2015 we had 237 cases filed compared to 97 cases that were in the previous year in Circuit Court.

G

Eighty-Eight percent of those cases have been heard have resulted in compliance. What that means is I'm not seeking. We don't seek a fine. We see compliance, we try to get abatement. 76 of those cases are still pending. 17 cases are being pursued currently in circuit court by both Greg mourdock and George boil. That means, when I did not get abatement, I had to seek a default judgment. Someone didn't show up, or we had a plea agreement. They failed to comply with the terms and conditions they're seeking contempt.

G

Actions in Circuit Court housing court is not about money. We focus on compliance. We've had three thousand three hundred fifty dollars in fines collected a hundred and thirteen thousand one hundred and default judgments being pursued. So we are seeking those for abatement and small claims collections.

G

The key to this special results increased compliance, a hundred and forty-four percent increase in cases being handled, it's quite busy on Wednesdays. We start at eight thirty. Sometimes we don't get done till 11 30. Sometimes we're done earlier, but goal is to get this. The property's cleaned up, better quality of life for the citizens and also for the neighbors around properties, behavioral violations, those are hurt and the Osborn room. Those are essentially police tickets. If you think you can a drug paraphernalia charge can be both a criminal matter or can be a civil ticket.

G

These are where we do the civil ticket. Those get done a little faster, sometimes done around by 10am, because we have a first appearance in the trial. Setting is not till the following the third wednesday of the month, and then we also do our tow hearings in this courtroom see first hearing day on behaviors with April. First, 2015 957 cases have been filed. Thirty two percent of the cases have been closed and all fines paid that's over. Let's see a little bit over fifty six thousand dollars in fines paid 51 /.

G

So the cases resulted in people judgments. We don't get a lot of people that show up in those court in that courtroom. However, we seek enforcement circuit court collection efforts, haven't started to seek a hundred and forty four thousand plus and finds the remaining cases in this court or either still pending or have been dismissed.

G

First year, payments have been almost close to 152,000 previous your payments for 235,000, that's approximate thirty, five percent decrease we have been. We probably have about 400 cases we're going to go in small claims court over the next couple months solely because we had a little bit of staffing shortage for a while. So we wanted to proceed with abatement of the property cases and pursue the collection later on rationale is approximately 600, pure 660 fewer behavioral citations were issued. That's a thirty percent decrease. There haven't been the higher back details.

G

So once again, we chose to focus on the housing code violations rather than behavioral. At this time we are moving forward with both the collection efforts on both the housing and behavioral we're implementing new collection and judgment enforcement efforts in circuit court. So we're not doing mrs we're going to be proceeding with LMS and contempt next steps. I have some next couple weeks, you'll probably be getting pending an administrative court adjudication ordinance, I'm going to go back and ask to add court costs in once.

G

That case gets to court. If it's not abated, I want to have a hundred dollar fee at it into the ordinance, improving the system to enforce judgments, have it laid out about the notice procedures and what's happening so it's clear for the citizens how this works and in value evaluating it. Some more collection efforts: okay, I! Not only do we have the legal team. That has been great. If you could give me a moment.

G

I've had some outstanding police and paste inspectors that I deal with on a constant basis, call me all times where's the night and we work together. First from the police department officer, fannelli has been outstanding, he's been great. He reaches tries to resolve a lot of issues with individuals before citation is given out a lot of Burke's been great for an operable vehicles. After Hall Oxford Peterson, administrative AC phase has been great to make sure tickets.

G

When people raise a due process issue, he looks into them to make sure that that concerns addressed after amy kyle is great for security, because we have had some issues over there and she'll stand up when needed and protect me. So it's great, although I always think I can outrun people's necessary and lieutenant paul williams and lieutenant Tim McCoy have been outstanding to issue tickets and to make sure the officers are showing up from when there's a trial pace.

G

Tom Deborah has been awesome to sit down on the high-profile cases, come in and talk to individuals try to get compliance supervisor Bob combs carries then we've had lots of times, we've had it tickets issued and they sat down and we've negotiated some type of compliance effort to move forward where there are certain steps that have to be met each week, sometimes I'm pulling people in both behavioral court and in pace court, because we've had rubbish issues and we said okay, you can't wait two weeks you're going to come, see me everyone's actually get this property cleaned up, inspectors, dong, Ling, LOI and appeared on agarron Steve, Ed, Koch, Kathryn, Gruber, Chris, hazel and Denny Carrick I could live without these guys.

G

They've been really looking around your town. Looking for issues taking the complaints and calling me saying, is this something I should notice up, or is this something we should proceed directly to court? We've had this individual in court several time. How can we come to get together to work for compliance? Do you guys have any questions? I probably might be on my minutes or a minute. Ok,.

A

But thank you Angela for your work in this and leadership on this, because obviously this was, as we all know, a very, very serious, long-term issue and problem of code enforcement within the city of Bloomington and we really are making so much progress for the future. So it appreciate all your hard work. Yeah.

B

A

Questions yes sure, oldman, freuen and then black and we'll go around one quick.

H

Question, thank you very much sounds like it's been a very successful start. I've had chance to sit in on three or four of the property and housing violation. Earrings I don't have the answer to this. Maybe you do. How would we grade ourselves? How are the people that appear before the administrative panel? How would we, how are they great assess to how it's gone the first year, the user.

G

I would say a lot of the only complaint I get is generally how, especially on those days when it's one-thirty, this is taking too long. You know and generally would say you know, listen if you had your property cleaned up. You wouldn't be here in the first place, if.

D

You had work with the inspector.

G

You wouldn't be here.

I

G

But I do try to take their concerns that they are set for trial. What hearing officer Martin I've done its? We just said it for a certain time. So what we've done is okay, instead of waiting at eight-thirty until your trial time will daph you at eleven o'clock, be there for trial either. Have it abated or be there / trial, but that's the only complaint. I've gotten all.

J

Them in black, thank you and thank you so much. I would just say that this is wildly popular in Ward 7. The compliance issues have been addressed in a much more timely manner, residence or incredibly pleased at the progress in this direction. I guess the only feedback that I get is that sometimes people wish it would be a lot faster, but you have to give people due process and give them the opportunity to address their concerns over time.

J

So I look at this as a resounding success for the city and thanks to you in your leadership. Thank.

G

A

That damn due process, sometimes you get all them in uh Schmidt. Yes,.

F

And I agree it has been and very successful. There are always the handful of cases that you've referenced where it has to go on to court. When does that happen, I think when I, when I hear frustration, it's sometimes how come this landlord or property on or whatever has come back again and again and again and again, and when is enough enough. So how do you make that determination.

G

Really I work with the inspector to see: has he been in compliance or she has she been in compliance for a certain period or should I be taking a fine or should I be having them sign a plea agreement?

G

So if the inspector thinks is too much that's when I move forward, I have one landlord that I think you and I have had emails about probably every day, and he is one in particular that if I don't have him come to pace court and he actually comes to behavioral court every wednesday and he has to show up and if he does not the only way he gets a waiver as if I get on a tuesday from Donna Garen, stating that there's no rubbish or garbage in the yards and he does not have to appear in court.

G

F

Would imagine that you probably see a small number of sort of what you might call repeat offenders and that they probably own more than one property? Is that correct? Yes, and unfortunately,.

G

Great, if we could.

F

Figure out a way than to address, you know what it's like: the 8020 rule. You know where the small number are causing the biggest problems and the biggest workload for everybody and I. Don't know what the answer to that is that.

G

Some of those the same landlord, he has additional properties where he just not coming in compliance and were taking him to circuit court to enforce our orders.

F

G

Other thing, I've started is called a chronic nuisance status for rubbish, & garbage that you may be in compliance this week, but you have to until you stop seeing me. You have to be in compliance for a month and then I say if you're compliant for a month. Then you'll see me in three months. If you're in compliance for three months, then you'll see me for six months and after six months you won't see me till a year and that's when I as prosecutor will move to dismiss the case now anytime.

G

He, the hearing officer, could move to this myth it, but he started to recognize the frequent chronic offenders. So it's typically for it with his that situation. It's rubbish, & garbage well.

F

Thank you for keeping after it. We appreciate it. Welcome o all.

A

The woman burgers.

K

And just dove tail up on that I was really happy to hear that using some of the lessons, you've learned and you'll be bring me up. Some proposed changes to make this even more efficient and perhaps make sure that it is fiscally responsible in terms of cost.

K

Now I forgot my question. Oh.

K

There we go okay, so first of all, I hope that you will bring us continue to bring us anything that we can do to help you, especially when it comes to these chronic issues of properties, but wondering if you could give us an idea. Have you been able to determine if there are any patterns in terms of what are the evaluations we're seeing most frequently in our community, or is it just all over the place? It's.

G

A little bit of both I will tell you that there's a lot of rubbish, & garbage, probably inspector adcock and Donna Guerin- send me the most and those are an apartment structures.

G

But for some of the residents looks like you know, we have roof, failing roofs, failing foundation, things of that nature so and the single-family homes the code violations could be broad, ranging on the more commercial structures that seemed to be rubbish, & garbage so and that's why I started that chronic offender, because I I know you, don't you don't make your tennis cleanup, you know if somebody's got to be liable and you're the property owner, you got to make sure they're cleaning up.

A

Next I was at the islamic center opening on saturday and went over to the this site. I went to exact address on gill street that when the police took me around, but two and a half years ago there had been seven years worth of letters, you're, a bad boy, you're, a bad boy, you're really really really bad boy, and it was mostly cleaned up.

A

At least the really serious, dangerous stuff wasn't out there like a rusting tractor or whenever it was just a few hundred feet from an apartment complex like when I was eight that would have been man. I'd have been on that, like you know, white on rice, and so you know definitely attractive nuisance, so definitely we're starting to see that, and certainly the word on the street is bloomington's getting attacked together. Oh my gosh thank.

G

You I will tell you, the police have been working, Lautenberg's been great. If he hears about inaudible in operable vehicles, he works alongside the pace, inspectors, Hill site them for an operable vehicles and behavioral court, while I'm taking them for the housing code violations here in also paste court. So that's been great.

A

Double-Barreled yeah.

G

A

Don't know leg.

G

A

Cattle prods would that help no.

F

A

Anybody else- uh okay, thank you, so much yeah appreciate very much all you're doing in and the update. Thank you for talking soon, thanks, Angela. Okay.

A

At this point, um we before we go into closed session at there's, not really I'm into taking leave of a very quick like 20 second update. We know, we've had some stories about discussions at a thousand feet of sales. Tax sharing and the be an advantage voted to support that and the economic development council supported, voted support. That and I understand the Chamber's meeting later this week to support that other than a general discussion 500 feet again there.

A

There is no proposal other than in concept as discussion, so as one emerges will begin to chat in alderman, freuen and burgas were the ones who were involved at Jesus over two months ago. Just happened to be in we're the one voice and began a discussion, so that's that's how it developed and some local opinion leaders have really moved with this so more to follow just FYI.

A

Okay, at this point, is there a motion to go into closed session for the personnel reading of matters that are mentioned on our because they syllabus on our schedule: item 7a, so move move by all of them and how it is there, a second second by all the vanilla, huawei and we're going to need to I'm going to. Should you roll call rather than but electronic vote roko.

B

A

Okay, thank you.

B

Ottoman Lauer, yes, ottoman sage, yes autumn, in Milan boy. Yes, ottoman, burgas! Yes, what am I painter? Yes, yes, black! Yes, yes,.

J

A

We're going to go in the back and then close the doors in a few minutes here. Thank you and.

C

Mayor, you might just want to mention, there is no action anticipated after the clothes may be right.

A

Correct that this is all the public action is taken. Thank you.