Notice of Meeting and Agenda Regular Meeting of the City Council of the City of East Peoria Council Chambers at 401 West Washing

NOTICE OF MEETING AND AGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EAST PEORIA COUNCIL CHAMBERS AT 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS SEPTEMBER 17, 2019 6:00 P.M.

DATE: SEPTEMBER 17, 2019 MAYOR KAHL TIME: 6:00 P.M. COMMISSIONER DECKER COMMISSIONER HILL COMMISSIONER MINGUS COMMISSIONER SUTHERLAND

1. CALL TO ORDER:

2. ROLL CALL:

3. INVOCATION:

4. PLEDGE TO THE FLAG:

5. APPROVAL OF MINUTES:

5.I. Motion to approve the minutes of the Regular Meeting held on September 3, 2019 and the minutes of the Closed Meeting/Executive held on September 3, 2019.

Documents:

2019.09.03 MINUTES.PDF

6. COMMUNICATIONS:

6.I. Proclamation by Mayor Kahl proclaiming September 22-28, 2019 as “Support Citizens with Intellectual Disabilities Week”.

Documents:

SUPPORT CITIZENS WITH INTELLECTUAL DISABILITIES WEEK PROCLAMATION 2019.PDF

6.II. Proclamation by Mayor Kahl proclaiming September 15-21, 2019 as “Child Passenger Safety Week”.

Documents:

CHILD PASSENGER SAFETY WEEK PROCLAMATION 2019.PDF

7. PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS:

8. CONSENT AGENDA ITEMS BY OMNIBUS VOTE:

(All matters listed under CONSENT AGENDA will be enacted by one motion and one roll call vote. There will not be separate discussion on these items. If discussion is desired by Members of the City Council, the item will be removed from the Consent Agenda and discussed immediately after approval of the Consent Agenda. Citizens desiring discussion on any item listed under the CONSENT AGENDA should contact a City Council Member and request that the item be removed for discussion.)

Motion to approve the Consent Agenda.

8.I. Item No. 1 – Adoption of Resolution No. 1920-061 – Resolution to Approve Payment of the Schedule of Bills Listed on Schedule No. 9 in the amount of $1,398,612.42.

Documents:

RESOLUTION NO. 1920-061.PDF

8.II. Item No. 2 – Adoption of Resolution No. 1920-057 on its Second Reading – Resolution Requesting Permission for Temporary Closure of State Maintained Roadways for a Public Event for the Festival of Lights Parade on November 16, 2019.

Documents:

RESOLUTION NO. 1920-057 - SECOND READING.PDF

8.III. Item No. 3 – Adoption of Resolution No. 1920-054 on its Second Reading – Resolution authorizing and approving the Sliplining of a 955 Linear Foot Portion of Sanitary Sewer Main located on Hill Road under the Creek by Hoerr Construction, Inc. in the amount of $31,935.50.

Documents:

RESOLUTION NO. 1920-054 - SECOND READING.PDF

8.IV. Item No. 4 – Adoption of Resolution No. 1920-055 on its Second Reading – Resolution approving the repair of Sanitary Sewer Trunk Line on East Faulkner Road by G.A. Rich in the amount of $36,000.

Documents:

RESOLUTION NO. 1920-055 - SECOND READING.PDF

8.V. Item No. 5 – Adoption of Resolution No. 1920-056 on its Second Reading – Resolution Accepting Change Order for City’s Sanitary Sewer System Upgrade Project (Phase A – C Construction Project) (Change Order #1) in the amount of $52,894.

Documents:

RESOLUTION NO. 1920-056 - SECOND READING.PDF

9. ITEMS REMOVED FROM CONSENT AGENDA:

10. COMMISSIONER HILL:

10.I. Adoption of Ordinance No. 4453 on its Second Reading – (AN ORDINANCE IMPOSING MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX OF 3% ON CANNABIS RETAIL DISPENSARIES IN THE CITY OF EAST PEORIA).

Documents:

ORDINANCE NO. 4453 - SECOND READING.PDF

10.II. Adoption of Ordinance No. 4454 – (AN ORDINANCE AMENDING THE ZONING CODE FOR THE CITY OF EAST PEORIA REGARDING ADULT-USE RECREATIONAL CANNABIS BUSINESSES) – to define and permit Adult-Use Cannabis Facilities as a Conditional Use in B-3 and M-1 Zoning Districts.

Documents:

ORDINANCE NO. 4454.PDF

10.III. Approval of Ordinance No. 4455 - (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 225 EDGEWOOD DRIVE IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS) – to allow for placement of two accessory structures (storage sheds) on the property. To be laid on the table for no less than one week for public inspection.

Documents:

ORDINANCE NO. 4455.PDF

11. COMMISSIONER DECKER:

11.I. Adoption of Ordinance No. 4457 - (AN ORDINANCE PROPOSING APPROVAL OF THE CREATION OF A SPECIAL SERVICE AREA AND SETTING A PUBLIC HEARING FOR REVIEWING THE USE OF THE SPECIAL SERVICE AREA TO FUND IMPROVEMENTS TO ACCESS ROAD 6 IN THE CITY OF EAST PEORIA, TO LEVY A PROPERTY TAX AGAINST THOSE PROPERTIES BENEFITTED BY THE ROAD IMPROVEMENTS, AND TO INCUR DEBT FOR FINANCING THE ROAD IMPROVEMENT PROJECT).

Documents:

ORDINANCE NO. 4457.PDF

11.II. Approval of Resolution No. 1920-060 - Resolution to Approve Contract for Engineering Services with Midwest Engineering Associates for Camp Street/River Road Signalized Intersection Improvements. To be laid on the table for no less than one week for public inspection.

Documents:

RESOLUTION NO. 1920-060.PDF

12. COMMISSIONER SUTHERLAND:

13. COMMISSIONER MINGUS:

13.I. Adoption of Ordinance No. 4456 - (AN ORDINANCE AMENDING TITLE 9, TITLE 10, AND TITLE 11 OF THE EAST PEORIA CITY CODE TO ACCOMMODATE THE ADULT USE OF RECREATIONAL CANNABIS PURSUANT TO STATE LAW).

Documents:

ORDINANCE NO. 4456.PDF

13.II. Adoption of Resolution No. 1920-059 – Resolution approving the appointment of Chief of Police Steven Roegge as a City Representative to the TC3 Operations Committee.

Documents:

RESOLUTION NO. 1920-059.PDF

14. MAYOR KAHL:

15. PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS:

16. COMMENTS FROM COUNCIL:

16.I. COMMISSIONER DECKER:

16.II. COMMISSIONER HILL:

16.III. COMMISSIONER SUTHERLAND:

16.IV. COMMISSIONER MINGUS:

16.V. MAYOR KAHL:

17. MOTION FOR EXECUTIVE SESSION/CLOSED MEETING:

18. MOTION TO ADJOURN:

19. /S/ Morgan R. Cadwalader City Clerk, Morgan R. Cadwalader Dated and Posted: September 13, 2019

NOTE: All items listed on the agenda are action items unless indicated otherwise. Ordinances and resolutions listed on the agenda may further be amended and/or revised prior to adoption by the City Council. NOTICE OF MEETING AND AGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EAST PEORIA COUNCIL CHAMBERS AT 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS SEPTEMBER 17, 2019 6:00 P.M.

DATE: SEPTEMBER 17, 2019 MAYOR KAHL TIME: 6:00 P.M. COMMISSIONER DECKER COMMISSIONER HILL COMMISSIONER MINGUS COMMISSIONER SUTHERLAND

1. CALL TO ORDER:

2. ROLL CALL:

3. INVOCATION:

4. PLEDGE TO THE FLAG:

5. APPROVAL OF MINUTES:

5.I. Motion to approve the minutes of the Regular Meeting held on September 3, 2019 and the minutes of the Closed Meeting/Executive held on September 3, 2019.

Documents:

2019.09.03 MINUTES.PDF

6. COMMUNICATIONS:

6.I. Proclamation by Mayor Kahl proclaiming September 22-28, 2019 as “Support Citizens with Intellectual Disabilities Week”.

Documents:

SUPPORT CITIZENS WITH INTELLECTUAL DISABILITIES WEEK PROCLAMATION 2019.PDF

6.II. Proclamation by Mayor Kahl proclaiming September 15-21, 2019 as “Child Passenger Safety Week”.

Documents:

CHILD PASSENGER SAFETY WEEK PROCLAMATION 2019.PDF

7. PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS:

8. CONSENT AGENDA ITEMS BY OMNIBUS VOTE:

Motion to approve the Consent Agenda.

8.I. Item No. 1 – Adoption of Resolution No. 1920-061 – Resolution to Approve Payment of the Schedule of Bills Listed on Schedule No. 9 in the amount of $1,398,612.42.

Documents:

RESOLUTION NO. 1920-061.PDF

Documents:

RESOLUTION NO. 1920-057 - SECOND READING.PDF

Documents:

RESOLUTION NO. 1920-054 - SECOND READING.PDF

Documents:

RESOLUTION NO. 1920-055 - SECOND READING.PDF

Documents:

RESOLUTION NO. 1920-056 - SECOND READING.PDF

9. ITEMS REMOVED FROM CONSENT AGENDA:

10. COMMISSIONER HILL:

10.I. Adoption of Ordinance No. 4453 on its Second Reading – (AN ORDINANCE IMPOSING MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX OF 3% ON CANNABIS RETAIL DISPENSARIES IN THE CITY OF EAST PEORIA).

Documents:

ORDINANCE NO. 4453 - SECOND READING.PDF

Documents:

ORDINANCE NO. 4454.PDF

Documents:

ORDINANCE NO. 4455.PDF

11. COMMISSIONER DECKER:

Documents:

ORDINANCE NO. 4457.PDF

Documents:

RESOLUTION NO. 1920-060.PDF

12. COMMISSIONER SUTHERLAND:

13. COMMISSIONER MINGUS:

Documents:

ORDINANCE NO. 4456.PDF

13.II. Adoption of Resolution No. 1920-059 – Resolution approving the appointment of Chief of Police Steven Roegge as a City Representative to the TC3 Operations Committee.

Documents:

RESOLUTION NO. 1920-059.PDF

14. MAYOR KAHL:

15. PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS:

16. COMMENTS FROM COUNCIL:

16.I. COMMISSIONER DECKER:

16.II. COMMISSIONER HILL:

16.III. COMMISSIONER SUTHERLAND:

16.IV. COMMISSIONER MINGUS:

16.V. MAYOR KAHL:

17. MOTION FOR EXECUTIVE SESSION/CLOSED MEETING:

18. MOTION TO ADJOURN:

19. /S/ Morgan R. Cadwalader City Clerk, Morgan R. Cadwalader Dated and Posted: September 13, 2019

DATE: SEPTEMBER 17, 2019 MAYOR KAHL TIME: 6:00 P.M. COMMISSIONER DECKER COMMISSIONER HILL COMMISSIONER MINGUS COMMISSIONER SUTHERLAND

1. CALL TO ORDER:

2. ROLL CALL:

3. INVOCATION:

4. PLEDGE TO THE FLAG:

5. APPROVAL OF MINUTES:

5.I. Motion to approve the minutes of the Regular Meeting held on September 3, 2019 and the minutes of the Closed Meeting/Executive held on September 3, 2019.

Documents:

2019.09.03 MINUTES.PDF

6. COMMUNICATIONS:

6.I. Proclamation by Mayor Kahl proclaiming September 22-28, 2019 as “Support Citizens with Intellectual Disabilities Week”.

Documents:

SUPPORT CITIZENS WITH INTELLECTUAL DISABILITIES WEEK PROCLAMATION 2019.PDF

6.II. Proclamation by Mayor Kahl proclaiming September 15-21, 2019 as “Child Passenger Safety Week”.

Documents:

CHILD PASSENGER SAFETY WEEK PROCLAMATION 2019.PDF

7. PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS:

8. CONSENT AGENDA ITEMS BY OMNIBUS VOTE:

Motion to approve the Consent Agenda.

8.I. Item No. 1 – Adoption of Resolution No. 1920-061 – Resolution to Approve Payment of the Schedule of Bills Listed on Schedule No. 9 in the amount of $1,398,612.42.

Documents:

RESOLUTION NO. 1920-061.PDF

Documents:

RESOLUTION NO. 1920-057 - SECOND READING.PDF

Documents:

RESOLUTION NO. 1920-054 - SECOND READING.PDF

Documents:

RESOLUTION NO. 1920-055 - SECOND READING.PDF

Documents:

RESOLUTION NO. 1920-056 - SECOND READING.PDF

9. ITEMS REMOVED FROM CONSENT AGENDA:

10. COMMISSIONER HILL:

10.I. Adoption of Ordinance No. 4453 on its Second Reading – (AN ORDINANCE IMPOSING MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX OF 3% ON CANNABIS RETAIL DISPENSARIES IN THE CITY OF EAST PEORIA).

Documents:

ORDINANCE NO. 4453 - SECOND READING.PDF

Documents:

ORDINANCE NO. 4454.PDF

Documents:

ORDINANCE NO. 4455.PDF

11. COMMISSIONER DECKER:

Documents:

ORDINANCE NO. 4457.PDF

Documents:

RESOLUTION NO. 1920-060.PDF

12. COMMISSIONER SUTHERLAND:

13. COMMISSIONER MINGUS:

Documents:

ORDINANCE NO. 4456.PDF

13.II. Adoption of Resolution No. 1920-059 – Resolution approving the appointment of Chief of Police Steven Roegge as a City Representative to the TC3 Operations Committee.

Documents:

RESOLUTION NO. 1920-059.PDF

14. MAYOR KAHL:

15. PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS:

16. COMMENTS FROM COUNCIL:

16.I. COMMISSIONER DECKER:

16.II. COMMISSIONER HILL:

16.III. COMMISSIONER SUTHERLAND:

16.IV. COMMISSIONER MINGUS:

16.V. MAYOR KAHL:

17. MOTION FOR EXECUTIVE SESSION/CLOSED MEETING:

18. MOTION TO ADJOURN:

19. /S/ Morgan R. Cadwalader City Clerk, Morgan R. Cadwalader Dated and Posted: September 13, 2019

NOTE: All items listed on the agenda are action items unless indicated otherwise. Ordinances and resolutions listed on the agenda may further be amended and/or revised prior to adoption by the City Council. MINUTES COUNCIL CHAMBERS IN THE CIVIC COMPLEX 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS

SEPTEMBER 3, 2019

The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor John P. Kahl presiding at 6:00 P.M. with proper notice having been given.

Upon the roll being called the following answered present: Mayor John P. Kahl, Commissioner Daniel S. Decker, Commissioner Mark E. Hill, Commissioner Seth D. Mingus, and Commissioner Michael L. Sutherland. Absent: None.

The invocation was given by Commissioner Hill.

Mayor Kahl led the Council and the audience in the pledge of allegiance to the flag.

Motion by Commissioner Mingus, seconded by Commissioner Decker; Mr. Mayor, I move that the minutes of the Regular Meeting held on August 20, 2019; the minutes of the Special Meeting for a Working Session held on August 20, 2019; and the minutes of the Closed Meeting/Executive Session held on August 20, 2019 be approved as printed. Yeas: Commissioner Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None. Mayor Kahl declared the motion carried.

Mayor Kahl proclaimed September 2019 as “Library Card Sign-up Month”. Mayor Kahl presented the proclamation to Genna Buhr, Director of Fondulac Library and thanked her and the library. Director Buhr thanked Mayor Kahl and City Council for their support.

Mayor Kahl proclaimed September 11, 2019 as “Patriot Day”.

Mayor Kahl proclaimed September 2019 as “National Suicide Prevention Awareness Month”.

Mayor Kahl stated if there was anyone in the audience who wanted to speak on any items on the agenda to come to the podium and state the matter or matters to be discussed. There was no response.

CONSENT AGENDA ITEMS BY OMNIBUS VOTE:

Mayor Kahl asked if any Commissioner wished to remove any items from the Consent Agenda for discussion. There was no response.

Motion by Commissioner Hill, seconded by Commissioner Decker; Mr. Mayor, I move to adopt a consent agenda consisting of items numbered 1 through 3

Item No. 1 – Adoption of Resolution No. 1920-053 – Resolution to Approve Payment of the Schedule of Bills Listed on Schedule No. 8 in the amount of $1,625,485.07.

Item No. 2 – Adoption of Ordinance No. 4452 on its Second Reading – (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 412 CASS STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS.)

Item No. 3 – Adoption of Resolution No. 1920-048 on its Second Reading – Resolution approving Engineering Services Contract with Midwest Engineering Associates for Altorfer Lane Improvements. as listed on the agenda for this meeting to be considered by omnibus vote.

Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None. Mayor Kahl declared the motion carried.

Motion by Commissioner Hill, seconded by Commissioner Decker; Mr. Mayor, I move you that Items numbered 1 through 3 listed on the Consent Agenda be hereby approved and adopted, the items numbered 2 through 3 having been read once by their title and having laid on the table for no less than one week for public inspection be adopted as presented.

Item No. 1 – Adoption of Resolution No. 1920-053 – Resolution to Approve Payment of the Schedule of Bills Listed on Schedule No. 8 in the amount of $1,625,485.07. (Adopted by omnibus vote)

Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None. Mayor Kahl declared the motion carried and the items adopted by omnibus vote designation. Page 2

Motion by Commissioner Hill, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance No. 4453 hereto attached, (AN ORDINANCE IMPOSING MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX OF 3% ON CANNABIS RETAIL DISPENSARIES IN THE CITY OF EAST PEORIA) be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.

Commissioner Hill explained that the ordinance allows for a 3% municipal tax on the sale of adult use cannabis sold at retail dispensaries in the City.

Yeas: Commissioners Decker, Hill, Mingus, and Mayor Kahl. Nays: Commissioner Sutherland. Mayor Kahl declared the motion carried.

Resolution No. 1920-050 by Commissioner Decker, seconded by Commissioner Mingus; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1920-050 hereto attached, a Resolution approving the purchase of 450 96-gallon and 200 48-gallon Recycle/Solid Waste Wheeled Carts for Public Works from Wastequip in the amount of $35,250.80, be hereby approved. Mr. Mayor, I move you that this Resolution No. 1920-050 having been read once by its title and having laid on the table for no less than one week for public inspection, be adopted as presented.

Commissioner Decker explained that this resolution is for the purchase of toters for recycling and garbage pickup in the City. He explained that he received communications from citizens that were excited to have different sized toters.

Commissioner Sutherland explained that he would be voting against this item because he wants to see the city get out of selling toters. He commented on clean-up week. He explained that you can buy these toters at retails stores in the area.

Yeas: Commissioners Decker, Hill, Mingus, and Mayor Kahl. Nays: Commissioner Sutherland. Mayor Kahl declared the motion carried and Resolution No. 1920-050 be duly adopted as presented.

Resolution No. 1920-057 by Commissioner Decker, seconded by Commissioner Mingus; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1920-057, hereto attached, a Resolution Requesting Permission for Temporary Closure of State Maintained Roadways for a Public Event for the Festival of Lights Parade on November 16, 2019, be approved. Mr. Mayor, I move you that this Resolution No. 1920- 057 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.

Commissioner Decker commented on the closure of the state-maintained roadways for the Festival of Lights Parade scheduled for November 16, 2019.

Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None. Mayor Kahl declared the motion carried.

Resolution No. 1920-054 by Commissioner Sutherland, seconded by Commissioner Decker; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1920-054, hereto attached, a Resolution authorizing and approving the Sliplining of a 955 Linear Foot Portion of Sanitary Sewer Main located on Hill Road under the creek by Hoerr Construction, Inc. in the amount of $31,935.50, be approved. Mr. Mayor, I move you that this Resolution No. 1920-054 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.

Commissioner Sutherland explained that there is an issue with the sanitary sewer main on Hill Road under the creek. He explained that this problem has been going on for quite some time and is being fixed now. He is in favor of sliplining in this case.

Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None. Mayor Kahl declared the motion carried.

Resolution No. 1920-055 by Commissioner Sutherland, seconded by Commissioner Hill; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1920-055, hereto attached, a Resolution approving the repair of Sanitary Sewer Trunk Line on East Faulkner Road by G.A. Rich in the amount of $36,000, be approved. Mr. Mayor, I move you that this Resolution No. 1920-055 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.

Commissioner Sutherland explained the location of the issue sanitary sewer repair. There is an issue with the storm water drainage that has exposed the sewer line. The repair involves making a beam construction process and hanging suspension of the sewer line.

Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None. Mayor Kahl declared the motion carried.

Page 3

Resolution No. 1920-056 by Commissioner Sutherland, seconded by Commissioner Mingus; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1920-056, hereto attached, a Resolution Accepting Change Order for City’s Sanitary Sewer System Upgrade Project (Phase A – C Construction Project) (Change Order #1) in the amount of $52,894, be approved. Mr. Mayor, I move you that this Resolution No. 1920-056 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.

Commissioner Sutherland explained that the changes are regarding a contingency of $100,000 for a salzar motor. Now there is $52,894 in additional costs to go to the same motor (Square D) as is used in the sanitary sewer elsewhere in the city.

Mayor Kahl explained that the sanitary sewer upgrade process involves a change order process. He explained that moving forward, there will be a process for reviewing and approving change orders. The city will likely lump together the various change orders in the future. There is a group that will be overseeing the entire process before it gets to the City Council for approval of the change orders.

Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None. Mayor Kahl declared the motion carried.

Resolution No. 1920-052 by Commissioner Mingus, seconded by Commissioner Decker; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1920-052, hereto attached, a Resolution approving the purchase of a demo 2019 Pierce Saber FR Pumper (Fire Engine) from Global Emergency Products in an amount not to exceed $339,800, be approved. Mr. Mayor, I move you that this Resolution No. 1920- 052 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection.

Commissioner Mingus explained that there are three frontline fire engines. Engine #4 is a 2006 model that is getting sent out to fix a frame rail issue on the engine. The two back up engines also have bad frame rails and are a 1996 and 2000 models. The estimated costs to fix those frame rails are $75,000 to $100,000 each in the next couple of years. Commissioner Mingus and Fire Chief Knapp do not feel that it is the best interests to have these engines on the front lines and is not a responsible thing to do. Fire Engines generally cost over $500,000 and this is a demo fire engine for $339,000 if we forgo the frame rail repairs. The 1996 and 2000 engines would then be sold. The 2016 will be used as a back up. The revenue from selling the engine and a truck will offset the costs for this year’s budget regarding outfitting the engine. However, this engine purchase itself will be paid out of the next two fiscal years budgets. He explained that they are not expecting any other capital expenses budgeted in the next two fiscal years because Commissioner Mingus and Fire Chief Knapp feel that this purchase is a public safety need.

Fire Chief Knapp stated that the biggest concern is that the four to six-month timeframe that the current engine #4 is going to be out of service and unavailable. The service life of the two engines from 1996 and 2000 is being pushed beyond what it should be for the fire engines.

Commissioner Hill inquired about the engines and reframing two models. He inquired as to why the other two engines were good enough before and are not good enough now. He inquired as to which engines will be the backup engines.

Commissioner Mingus commented on the backup engines that would need to be run on a daily basis. The 2006 is going up for service and will be a reserve once it gets back. The 1996 and 2000 engines will be sold. There will only be one reserve for a period of time and it will be more reliable than what is currently running as a reserve.

Fire Chief Knapp explained that the 1992 ladder truck with limited miles and limited hours will come to frontline and be operated as an engine as needed. He explained that what they needed to look at is are we better off selling both the 1996 and 2000 and having one as an emergency reserve. He explained that the 1996 and 2000 cannot be depended upon and the department ends up relying on borrowing other communities’ apparatuses when they do not work when needed. He explained that 20 and 23 year old engines need to work and operate. Fire Chief Knapp explained that the engines need to be replaced because there is potential for failure.

Commissioner Hill explained that safety is of paramount importance to him but also is being fiscally responsible for what the city has budgeted for and planned and the commitment to get as much money in the next budgets as we can for streets and infrastructure. The City has unknown expenses until later this year and so without those costs he would like to delay the decision right now.

Commissioner Mingus explained that, if the city waits, there is no guarantee that the city will get the demo unit and this is a public safety issue. It takes time to get the equipment ready. He feels that delaying the decision does not fix the problem and that moving forward on this is the best thing to do.

Commissioner Decker agrees in being fiscally responsible which is why he feels the city should not put more money into the old vehicles as it is not worth it.

Fire Chief Knapp commented on spending money on repairs in the amount of $75,000 to $100,000 per engine on older apparatuses that are worth around $20,000 each on a good day. He cannot recommend doing this in the long term.

Commissioner Decker fears putting money into the old engines is a waste of money as it is not just the frame rails that is the problem it is also twenty-year-old everything else on the engine. He does not want to be the first community to borrow a fire truck from another community to respond to citizens.

Page 4

Commissioner Mingus commented on being in collective bargaining with the Fire Department and there being a public safety issue. He feels that these are two separate issues. He commented on not knowing when an agreement will be agreed to and that the City should not wait to approve the purchase of a new engine. Commissioner Mingus feels that it is a public safety issue.

Commissioner Hill commented on the reworking of these two trucks being sufficient for the Fire Department in the past and now reworking two trucks is not sufficient for the Fire Department.

Commissioner Sutherland feels that the city does not have any planning. He commented on needing a plan for the future and not voting until there is a plan. He feels that the city needs goals. He explained that the sewer under the city streets is falling apart. He feels that if there was a long-term plan on dealing with infrastructure then the city would have the money to fix the infrastructure. He explained that he does not mind waiting on the fire engine and that he needs more information.

Commissioner Mingus believes that a plan is needed.

Mayor Kahl commented on having a good deal on a demo fire engine unit that is not typical. Mayor Kahl explained that a fire happened on an engine and it expedited the frame rail fix. Engine #4 was planned to have its frame rails fixed this year. He explained that now there is a demo unit that is available. He explained that if within the next few weeks, there is a comfort level with where we are at, someone who voted no may bring the item back. He does not have a comfort level currently with the purchase.

Yeas: Commissioners Decker and Mingus. Nays: Commissioner Hill, Sutherland, and Mayor Kahl. Mayor Kahl declared the motion failed.

Resolution No. 1920-058 by Commissioner Mingus; WHEREAS, effective at the end of the day on August 30, 2019, a vacancy will exist in the rank of Deputy Chief on the East Peoria Police Department by virtue of the retirement of Deputy Chief Shannon Swearingen; and WHEREAS, the Chief of Police has recommended that Chad E. LaCost be promoted to the rank of deputy chief effective on September 16, 2019; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT Chad E. LaCost is hereby appointed as Deputy Chief of the East Peoria Police Department, effective September 16, 2019, subject to compliance with all applicable procedures and requirements.

Motion by Commissioner Mingus, seconded by Commissioner Decker; Mr. Mayor, I move that Resolution No. 1920-058 be adopted as presented.

Mayor Kahl and City Council congratulated Chad LaCost on his promotion. Chief of Police Roegge commented on the interview process and believes Chad LaCost will do a great job.

Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None. Mayor Kahl declared the motion carried and Resolution No. 1920-058 be duly adopted as presented.

Mayor Kahl stated if there was anyone in the audience who wanted to speak on any items not on the agenda to come to the podium state the matter or matters to be discussed.

Billy Bassham came forward to explain that there is a lawsuit on the frame rails on the Pierce engines and the city should look into the lawsuit. He explained that he received another ticket for storing commercial equipment on a residential lot. He explained that he is working on a house and trying to fix it up and that items are stored there, and they are also being used on the house to fix it up as well. He explained that a city employee comes to his and a neighbor’s house twice a week. He feels that the homeowners in the Richland Farms area are being picked on. He explained that there are other issues in Richland Farms that need to be dealt with.

Bob Jorgensen came up to the podium. He commented on fiscal responsibility and the waste that he feels goes into fuel usage. He requested the fuel usage monthly from the Fire, Police and Public Works departments. He asked for the city to limit the amount of fuel usage and see what savings can be had. He commented on G&D Trucking implementing fuel savings and doing a good job on saving money. He requested a working session prior to the council meeting to see if the city can use what G&D Trucking has implemented for savings.

Bo Scott who lives at 142 State Street in Richland Farms came up to the podium. He explained that he has properties that need to be fixed up. He explained that his property manager had an issue with a city employee regarding code enforcement. He explained that he agrees with Mr. Bassham and agrees that the properties need work and need fixed up so that a homeowner can move in. He feels like the city is going after him and others. He explained that he gets frustrated, and he asked that it be looked into.

Mayor Kahl asked that everyone reach out to Commissioner Hill regarding these concerns. He commented on the Human Relations Commission that began working in the Richland Farms area resulting from concerns that residents from Richland Farms had with the area. The city has been more proactive and the code enforcement is complaint driven. There were concerns with slumlords in the area. He explained that he will see this through.

Page 5

Don Norbits came up to the podium and inquired as to when open burning begins. He commented on someone burning and smoke being all over his neighborhood over the weekend. He explained that code enforcement can come up to his neighborhood and prevent open burning during non-opening burning times. He is still waiting on the city to do something about yard waste pick-up. He asked that something be done to resolve the open-burning issue.

Mayor Kahl commented on issues with people not adhering to the open-burning ordinance.

Mayor Kahl asked for any additional comments from the audience. There was no response.

Mayor Kahl then asked for comments from Council.

Commissioner Decker commented on going on the Honor Flight next Tuesday, September 10, 2019. The Honor Flight allows veterans to go to Washington, DC and the monuments dedicated to them.

Motion by Commissioner Decker, seconded by Commissioner Mingus, Mr. Mayor, I move that a closed meeting or executive session of the city council be held at the conclusion of this regular meeting to discuss the following matter or matters according to exceptions provided in the “Open Meetings Act” and specified as follows:

Section 2(c)(2) – Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.

Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None Mayor Kahl declared the motion carried.

Commissioner Mingus commented on a Richland Farm meeting that is coming up on September 12, 2019.

Commissioner Hill commented on cleanup week being September 30-October 4, 2019.

Commissioner Sutherland commented on those in Richland Farm to look into the complaints on code enforcement. He commented on the Wastewater Treatment Project plans. The first step in the project will begin around Oakwood Road. There will be construction that will begin on Sunnyland hill and go up toward the grade school around Liberty Street. There will be lanes shut down. The duration could last a while; however, the closing of roads will speed up the duration. Kudos to Stark Excavation because they are quick in completing jobs.

Mayor Kahl commented on the free car seat check at Central House tomorrow from 1p to 4p. Saturday, September 7 is Cars and Coffee from 8a-10a in the Levee District.

Motion by Commissioner Sutherland, seconded by Commissioner Mingus; Mr. Mayor, I move you that we adjourn until Tuesday evening, September 17, 2019 at 6:00 P.M. Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl. Nays: None Mayor Kahl declared the motion carried and the meeting adjourned at 7:14 P.M.

_/s/ Morgan R. Cadwalader______City Clerk Morgan R. Cadwalader

JV , ‘..;*•,.+ I VV' /+ J , V• V V ' 1' V+ V+ V ' V4V4XV ' V V V V V+ V+ V V ' V+ V V V. V vwxV

4Y The City of East Peoria I G p i i

WHEREAS, the Knights of Columbus are dedicated to works of charity, unity, fraternity, and patriotism; and

WHEREAS, intellectual disabilities affect one out of every ten families in America; and

WHEREAS, the Knights of Columbus are committed to enhancing the quality of life of people with intellectual and physical disabilities throughout the State of Illinois; and

WHEREAS, the City of East Peoria recognizes all the voluntary services provided to the citizens of East Peoria; and

WHEREAS, the Knights Columbus raise funds and hand out Tootsie Rolls at local

retailers; and

WHEREAS, the money raised helps to significantly enhance the quality of life of people with disabilities.

NOW, THEREFORE, I, JOHN P. KAHL, Mayor of the City of East Peoria, do hereby proclaim September 22, 2019 through September 28, 2019 as

SUPPORT CITIZENS WITH INTELLECTUAL DISABILITIES WEEK"

in the City of East Peoria and call upon citizens to recognize and support the Knights of Columbus in this most worthwhile and humanitarian effort for their 50th Annual Drive for children and adults with intellectual disabilities and their families.

IN WITNESS THEREOF, I have hereunto set my hand and caused to be affixed a the Great Seal of the City of East Peoria this 17th day of September 2019.

k„ ru''--, .,

C ». 4 y` MAYOR co ATTEST: CITY CLERK

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WHEREAS, all 5o states, the District of Columbia and all U.S. territories require the use of car seats for children traveling in motor vehicles; and

WHEREAS, car seat laws were enacted because they save lives and Prevent injuries;j and

WHEREAS, in 2017, of the 675 children 12 and younger who were killed riding in passenger vehicles, over one in three were not in a car seat, booster seat or wearing a seat belt; and

WHEREAS, injury potentially could have been avoided had these children been buckled up; and

WHEREAS, educating parents and caregivers about the best ways to keep children safe while traveling in cars, no matter how short or long the trip, can work toward eliminating these preventable deaths and injuries; and

WHEREAS, parents and caregivers are encouraged to participate in car seat safety checks, such as the ones conducted from 1 until 4 p.m. the first Wednesday of the month at the East Peoria Fire Department' s Central Station, to make sure their children are in the right car seats for their age and size, and that the seats are installed correctly.

NOW, THEREFORE, I, JOHN P. KAHL, Mayor of the City of East Peoria, Illinois, do hereby proclaim September 15- 21, 2019 as

CHILD PASSENGER SAFETY WEEK

and call upon all citizens to help reduce injuries and the tragic loss of life by buckling up their children every trip, every time. C

IN WITNESS WHEREOF, I, have hereunto set my hand and caused the seal of the City of East Peoria, Illinois to be affixed this 17th day of September 2019.

MAYOR

nAle-1 v- 1.-.a a V,L : l,(C4,01, t 4 . t 44 -•- :', C. .,, ATTEST: CS(/ CITY CLERK

n.,, t, r. n n n n n n n n n n n A„,/\n n n n n An n n n n n n n n n n A AAA n A n n n n RESOLUTION NO. 1920-061

September 17, 2019 EAST PEORIA, ILLINOIS

RESOLUTION BY COMMISSIONER

SECONDED BY COMMISSIONER BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS THAT THE CLAIMS AS LISTED ON SCHEDULE NO. 9 BE ALLOWED. MR. MAYOR, I MOVE THAT THE CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE ORDERS ON THE TREASURER FOR THE VARIOUS AMOUNTS, TOTALING $1,398,612.42 AND THE SCHEDULE OF BILLS BE HEREBY ADOPTED AS PRESENTED.

APPROVED:

MAYOR

ATTEST:

CITY CLERK DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 1 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

GENERAL CORPORATE FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------01-01-1-025 E P CHAMBER OF COMMERCE 8/19 EGGS/ISSUES- DURM 15.00 8/19 EGGS/ISSUES- PICKERILL 15.00 8/19 EGGS/ISSUES- HILL 15.00 01-01-2-014 MILLER HALL & TRIGGS 8/19 RETAINER FEE 1,000.00 8/19 LEGAL FEES 39,038.62 8/19 DEMOLITION LEGAL FEES 5,506.93 01-01-2-069 DUPAGE CO RECORDER FILING FEES 44.00 MILLER HALL & TRIGGS 8/19 RECORDING FILING/FEES 948.00 01-01-2-070 MILLER HALL & TRIGGS 8/19 TRAVEL EXPENSE 124.40 8/19 MISC FEES 98.50 8/19 OFFICE SUPPLIES/COPIES 158.40 8/19 POSTAGE 271.60 01-01-3-035 JOURNAL STAR LEGAL NOTICES 322.92 01-01-4-025 E P CHAMBER OF COMMERCE 8/19 EGGS/ISSUES- CADWALADER 15.00 MORGAN CADWALADER REIMBURSEMENT- MILEAGE 103.99 01-01-4-035 CENTRAL IL MUN CLERKS ORG ANNUAL DUES 30.00 01-02-0-025 E P CHAMBER OF COMMERCE 8/19 EGGS/ISSUES- BECKER 15.00 01-02-0-040 BASIC CORPORATE 1095 INS FILING IRS 1,382.88 01-03-0-025 E P CHAMBER OF COMMERCE 8/19 EGGS/ISSUES- WETTEROW 15.00 8/19 EGGS/ISSUES- LIVINGSTON 15.00 GLEN WETTEROW REIMBURSEMENT- MILEAGE 206.08 01-03-0-035 JOURNAL STAR LEGAL NOTICES 71.76 01-03-0-045 VERIZON WIRELESS 7/11/19-8/10/19 CELL SERVICE 85.50 01-03-0-069 JACK LAMBERT FARMER'S MARKET ENTERTAINMENT 100.00 BILLY WASHBURN FARMER'S MARKET ENTERTAINMENT 100.00 CHUCK TUCKER FARMER'S MARKET ENTERTAINMENT 100.00 01-04-0-052 AUTOZONE COMMERCIAL #45 AIR FILTER 11.99 01-04-0-070 ALTORFER CAT. ELECTRONIC TECH SOFTWARE 925.00 VERIZON WIRELESS 7/10/19-8/9/19 CELL SERVICE 54.07 CHEMCO INDUSTRIES INC BARRIER AEROSOL CREAM 218.95 01-05-0-019 BAYNARD PLUMBING PLUMBING INSPECTIONS 265.25 RICHARD YOUNG 8/19 ELECTRICAL INSPECTIONS 1,754.00 01-05-0-044 VERIZON WIRELESS 7/10/19-8/9/19 CELL SERVICE 577.21 01-05-0-045 AMEREN ILLINOIS 9/15 POWER CITY BLDS 1,368.63 CONSTELLATION NEW ENERGY 7/19 GAS CITY BLDS 1,051.68 01-05-0-051 CONNOR CO CORPORATE OFFICE BASS PRO HYDRANT REPAIR 98.25 LOWES HOME IMPROVEMENT PROPANE TANK REGULATOR W/HOSE 23.74 ENTEC RTU-4 REPAIR 267.00 01-05-0-070 LOWES HOME IMPROVEMENT WRENCHES 27.04 01-06-0-020 HEART TECHNOLOGIES,INC 9/19 BACKUP SERVICES 1,650.00 9/19 GATEWAY SERVICES 450.00 9/19 ADMIN SERVICES 10,450.00 01-06-0-045 COMCAST MONTHLY CABLE/INTERNET 191.14 VERIZON WIRELESS 7/10/19-8/9/19 CELL SERVICE 246.45 7/10/19-8/9/19 CELL SERVICE 187.80 OPEN TEXT INC FAX2MAIL BILLING 100.00 TOUCHTONE COMMUNICATIONS 8/19 LONG DISTANCE 51.39 DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 2 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

GENERAL CORPORATE FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------01-06-0-047 HEART TECHNOLOGIES,INC BARRACUDA RENEWALS 9,813.77 01-06-0-048 CDS OFFICE TECHNOLOGIES DISPATCH COPIES 38.10 PW COPIES 121.09 ESC COPIES 129.47 CH ADMIN. COPIES 697.70 ESC COPY CHARGES 66.37 PTC SELECT PRINTER CARTRIDGES 461.00 THE TREE HOUSE INC INK CARTRIDGES 1,474.85 01-06-0-199 CHRISTENBERRY SYSTEMS & ALARM WINPAK UPGRADE 4,868.00 ------

DEPARTMENT TOTAL: 87,438.52 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 3 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

EMERGENCY SERV & DISASTER AST INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------02-00-0-045 AMEREN ILLINOIS 9/15 POWER ESDA 53.40 ------

DEPARTMENT TOTAL: 53.40 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 4 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

POLICE PROTECTION FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------03-00-0-018 TAZEWELL COUNTY (ANIMAL) 8/19 ANIMAL CONTROL 2,396.00 03-00-0-025 UNIVERSITY OF ILLINOIS TASER TRAINING 350.00 RIFLE TRAINING 928.00 03-00-0-035 VERITONE, INC. 8/19 PROCESSING FEES 221.61 03-00-0-045 AMEREN ILLINOIS 9/15 POWER POLICE BLDS 151.37 CONSTELLATION NEW ENERGY 7/19 GAS POLICE BLDS 597.81 VERIZON WIRELESS 7/05/19-7/10/19 CELL SERVICE 104.30 7/10/19-8/9/19 CELL SERVICE 2,067.39 7/11/19-8/10/19 CELL SERVICE 86.92 03-00-0-050 LIBERTY TERMITE & PEST CONTROL 8/20 PEST CONTROL 39.00 LOWES HOME IMPROVEMENT SOCKET/WATER FILTER/COUPLING 36.86 FLAT PLUG CORD 20.87 FLOORING ADHESIVE 8.52 ADHESIVE 4.26 SPRAY PAINT/PVC BOARD 26.34 LUMBER/DRYWALL SCREWS 45.62 WASTE MANAGEMENT DUMPSTER TIPPING FEES 62.64 03-00-0-052 RAY DENNISON CHEVROLET INC. UNIT 13-7 AC REPAIR 437.84 UNIT 13-7 AC REPAIR 436.40 UNIT 13-7 AC REPAIR 708.48 GOODYEAR AUTO SERVICE CENTER OIL CHANGE AND BRAKES 632.45 BRAKES & ALIGNMENT 1,039.56 TIRE ROD, AIR FILTER, ALIGN 810.87 RED CARPET CAR WASH 8/19 CAR WASH SERVICES 400.00 WAL-MART COMMUNITY HEADLIGHTS 21.94 COOLANT 12.44 03-00-0-053 RAGAN COMMUNICATIONS, INC. CAR 17-6 RADIO REPAIR 200.00 03-00-0-070 MILLER-BATTERIES PLUS BATTERIES 7.20 PIP PRINTING TRAFFIC SLOW DOWN YARD SIGNS 748.63 BOBBY LEE HERO APPEARANCE - BATMAN 200.00 03-00-0-100 OFFICE DEPOT PAPER/CLIPS/MEMO PADS 686.62 03-00-0-115 AG-LAND FS, INC. 8/19 GASOLINE/DIESEL 12,099.04 03-00-0-121 THE HOME DEPOT PRO BATH TISSUE/ LINERS 144.82 WASTE BASKETS 19.68 03-00-0-127 TRITECH FORENSICS INC SYRINGE PROTECTION KIT 95.50 GUN BOX 150.00 03-00-0-160 PRO-VISION 1080P HD IN-CAR VIDEO BASE KIT 11,756.47 ------

DEPARTMENT TOTAL: 37,755.45 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 5 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

FIRE PROTECTION FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------04-00-0-025 E P CHAMBER OF COMMERCE 8/19 EGGS/ISSUES- PETERSON 15.00 8/19 EGGS/ISSUES- KNAPP 15.00 8/19 EGGS/ISSUES- BECK 15.00 EMC FIRE EMC HEAVY RESCUE CLASS 1,980.00 LOWES HOME IMPROVEMENT LADDER BUMPER HARWARE 11.38 04-00-0-045 CONSTELLATION NEW ENERGY 7/19 GAS FIRE BLDS 1,354.00 VERIZON WIRELESS 7/10/19-8/9/19 CELL SERVICE 1,084.24 04-00-0-050 HASTINGS AIR-ENERGY CONTROL POLYMOVENT DAMPER -STATION 4 275.75 LIBERTY TERMITE & PEST CONTROL 8/20 PEST CONTROL 36.00 8/20 PEST CONTROL 34.00 GENERAL SERVICE & MICE BAIT 59.00 LOWES HOME IMPROVEMENT STATION #3 WINDOWS 592.26 BARN WINDOW REPLACEMENT 534.44 WOOD SHIMS 25.75 SCREWS 18.99 TYVEK HOUSE WRAP 37.99 CAULK 13.84 SCREWS 18.99 WASTE MANAGEMENT DUMPSTER TIPPING FEES 62.65 04-00-0-051 SCBAS,INC SCBAS MAINTENANCE 365.00 VALLEY APPLIANCE SERVICE GEAR WASHER REPAIR 461.00 DINGES FIRE COMPANY RECHARGABLE BATTERIES 555.98 04-00-0-052 IL ASSOC OF CODE ENFORCEMENT TOWING 250.00 MARTIN AUTOMOTIVE OIL CHANGE/ FUEL FILTERS 603.35 MUTUAL WHEEL COMPANY RETURN OF PUSH FITTING -9.72 PUSH FITTING P-5 9.72 PUSH LOCK P-5 8.20 O'REILLY AUTO PARTS STARTER FOR FORD E450 AMB 186.73 CABIN AIR FILTER 18.10 TRUCK CENTERS INC REAR SUSPENSION AIR BAGS 415.80 WAL-MART COMMUNITY CLEANERS 23.42 04-00-0-070 LOWES HOME IMPROVEMENT CREDIT- PIPE -1.83 PROPANE TANK 75.88 STORAGE TUBS 20.86 PIP PRINTING TRAFFIC SLOW DOWN YARD SIGNS 748.64 WAL-MART COMMUNITY CLEANERS 41.40 04-00-0-071 BOBBY LEE HERO APPEARANCE - BATMAN 200.00 04-00-0-100 OFFICE DEPOT ENVELOPES, BINDER CLIPS 18.29 04-00-0-110 MES-ILLINOIS HELMET PARTS 63.14 04-00-0-115 AG-LAND FS, INC. 8/19 GASOLINE/DIESEL 2,946.62 04-00-0-121 THE HOME DEPOT PRO DISINFECTANT 37.84 SWIFTER DUSTER 11.38 04-00-0-127 EMS DATA SYSTEMS, INC IDPH REPORT VALIDATION 150.00 04-00-0-128 TELEFLEX FUNDING LLC 45MM NEEDLES & STABILIZERS 612.50 04-00-0-180 ANDRES MEDICAL BILLING (AMB) 8/19 AMBULANCE COLLECTIONS 5,101.16 ------

DEPARTMENT TOTAL: 19,097.74 DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 6 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

FIRE PROTECTION FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 7 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

SOLID WASTE INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------05-00-0-052 CIT TRUCKS SOLID WASTE LUBE & FILTERS 369.69 MACK SALES & SERVICE OF MORTON MAMMOTH JACK 43.97 E P TIRE & VULCANIZING TIRES #47 481.00 MUTUAL WHEEL COMPANY DRUM SHOE HARDWARE KIT 348.88 05-00-0-115 AG-LAND FS, INC. 8/19 GASOLINE/DIESEL 4,886.18 ------

DEPARTMENT TOTAL: 6,129.72 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 8 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

STREET & BRIDGE FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------11-00-0-052 AUTOZONE COMMERCIAL #35 OIL FILTERS, AIR FILTERS 98.37 TURTLE CAR WASH 28.36 CLIP FOR TRAILER HITCH 13.58 RUST DISSOLVER 43.98 BESSLER WELDING INC NEW HITCH & BOLT TO TRAILER 878.80 LOWES HOME IMPROVEMENT GRINDING/CUTTING WHEELS 79.48 FITTINGS 18.00 MUTUAL WHEEL COMPANY 7-WAY MALE 19.68 PINTLE HOOK 325.36 WHEEL/PLOW TRUCKS 631.28 O'REILLY AUTO PARTS HYD FILTER ESC DUMPTRUCK 17.42 EGR VALVE 118.41 PARTSMASTER CLEVIS PIN SQUARE SNAP 141.58 FOSTER'S INC PRUNER 57.13 11-00-0-055 LOWES HOME IMPROVEMENT EXPAND AND SEAL WINDOW FOAM 30.94 SIDENER ENVIRONMENTAL SVCS NOZZLE/ TAILWAY 163.39 11-00-0-070 LOWES HOME IMPROVEMENT RAKE 14.24 VERIZON WIRELESS 7/05/19-7/10/19 CELL SERVICE 95.66 7/10/19-8/9/19 CELL SERVICE 467.05 7/11/19-8/10/19 CELL SERVICE 86.92 11-00-0-110 JOHN J BOESCH IV BOOT REIMBURSEMENT 91.16 CINTAS CORPORATION VM UNIFORMS 110.62 11-00-0-115 AG-LAND FS, INC. 8/19 GASOLINE/DIESEL 4,275.39 11-00-0-122 ROGERS GROUP, INC COMMERCIAL CA-1 94.16 11-00-0-129 LOWES HOME IMPROVEMENT MAILBOX/POST 62.69 ------

DEPARTMENT TOTAL: 7,963.65 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 9 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

MUNICIPAL AUDIT FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------12-00-0-013 CLIFTONLARSONALLEN LLP APRIL 30, 2019 AUDIT 9,000.00 THE HOWARD E NYHART CO INC GASB BREAKDOWN RESULTS 770.00 ------

DEPARTMENT TOTAL: 9,770.00 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 10 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

SEWER CHLORINATION INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------14-00-0-124 BRENNTAG MID-SOUTH, INC CHLORINE 1,126.50 ------

DEPARTMENT TOTAL: 1,126.50 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 11 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

STREET LIGHTING FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------16-00-0-046 AMEREN ILLINOIS 7/19 POWER TRAFFIC LIGHTING 1,336.58 9/15 POWER ST LIGHTING 11,879.65 ------

DEPARTMENT TOTAL: 13,216.23 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 12 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

EASTSIDE CENTRE INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------21-01-0-020 OSF OCCUPATIONAL HEALTH DRUG SCREENING 36.00 21-01-0-033 CONSTELLATION NEW ENERGY 7/19 GAS ESC 1,397.33 21-01-0-036 AMEREN ILLINOIS 9/15 POWER ESC 33.40 21-01-0-050 GETZ FIRE EQUIPMENT ANNUAL SERVICE EXTINGUSHERS 424.00 LOWES HOME IMPROVEMENT THERMOSTAT/PVC TEE 37.00 LUMBER/WASHERS/NUTS 63.50 21-01-0-070 HARBOR FREIGHT TOOLS USA POLYURETHANE 6.99 21-01-0-110 TEAM WORKS UNIFORMS 288.00 21-01-0-118 COSGROVE DISTRIBUTORS CONCESSION SUPPLIES 316.75 FIVE STAR WATER COFFEE SUPPLIES 91.20 GORDON FOOD SERVICE, INC. SUPPLIES 57.76 LOWES HOME IMPROVEMENT DETERGENT 17.09 21-02-0-020 COMCAST MONTHLY CABLE/ INTERNET 849.06 21-02-0-033 CONSTELLATION NEW ENERGY 7/19 GAS ESC 1,397.33 21-02-0-036 AMEREN ILLINOIS 9/15 POWER ESC 33.40 21-02-0-050 LOWES HOME IMPROVEMENT PHOTO CELL BUTTON/GASKET 15.43 ADAPTERS/FITTINGS 28.97 WINDOW SASH/ELBOW 28.45 21-03-0-030 AMEREN ILLINOIS 9/15 POWER ESC 202.31 9/15 POWER ESC 857.78 21-03-0-032 AMEREN ILLINOIS 9/15 POWER ESC 358.68 21-03-0-034 AMEREN ILLINOIS 9/15 POWER ESC 1,472.11 21-03-0-035 AMEREN ILLINOIS 9/15 POWER ESC 1,150.97 21-03-0-036 AMEREN ILLINOIS 9/15 POWER ESC 33.40 21-03-0-052 TUCKER AUTO REPAIR, INC LUBE, OIL, FILTER, BRAKE LIGHT 51.98 21-03-0-152 LOWES HOME IMPROVEMENT 300FT TAPE MEASURE 23.74 QUICK CHANGE KNIFE 7.59 O'REILLY AUTO PARTS 20 AMP BULB 3.99 WASTE MANAGEMENT DUMPSTER TIPPING FEES 605.65 21-03-0-201 MILLER HALL & TRIGGS ESC BACKHOE LOAN INTEREST 83.24 21-03-0-231 MILLER HALL & TRIGGS ESC BACKHOE LOAN PRINCIPAL 1,492.16 ------

DEPARTMENT TOTAL: 11,465.26 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 13 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

HOTEL-MOTEL TAX INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------23-00-0-035 PUBLIC RELATIONS ASSOCIATION ANNUAL MEMBERSHIP RENEWAL 170.00 23-00-0-044 VERIZON WIRELESS 7/10/19-8/9/19 CELL SERVICE 108.03 23-00-0-070 CHRISTENBERRY SYSTEMS & ALARM WINPAK UPGRADE 1,300.00 23-00-0-073 HAGERTY STEEL & ALUMINUM CO. FLATTENED METAL 264.99 FLATTENED METAL 88.33 NILES INDUSTRIAL COATINGS PAINT TRAILER & STEEL 454.00 23-00-0-074 AMEREN ILLINOIS 9/15 POWER FOL CITY LIGHTING 270.41 23-00-0-079 HEART OF ILLINOIS PACVB GOLF OUTING SPONSOR 175.00 23-00-0-150 AMEREN ILLINOIS 9/15 POWER WINTER WONDERLAND 457.31 23-00-0-151 AMEREN ILLINOIS 9/15 POWER FEST BLD 166.89 CONSTELLATION NEW ENERGY 7/19 GAS FEST BLD 314.77 LIBERTY TERMITE & PEST CONTROL MICE TREATMENT FOLEPI BLDG 60.00 23-00-0-152 LOWES HOME IMPROVEMENT DUCT TAPE/CAUTION TAPE 29.40 WASTE MANAGEMENT DUMPSTER TIPPING FEES 605.65 23-00-0-153 D & K PRODUCTS GRASS SEED/MULCH 2,782.71 E P TIRE & VULCANIZING TIRE BALANCING- TRAILER 133.80 LOWES HOME IMPROVEMENT PRIMER/BALL VALVE SOCKET 13.75 E-Z REACHER/CASTERS 94.28 TRI-COUNTY IRRIGATION & PLUMBI TEST OF BACKFLOW PREVENTER 75.00 TEST OF BACK FLOW PREVENTER 75.00 TEST OF BACKFLOW PREVENTER 75.00 WASTE MANAGEMENT DUMPSTER TIPPING FEES 605.64 TUCKER AUTO REPAIR, INC ESC 2009 F150 BUTT CONNECTER 296.48 FOSTER'S INC TORDON TRU 39.58 FLIGINGERS HOSE CLAMP 4.36 23-00-0-201 PEORIA AREA CONVENTION EP MARKETING 3RD QTR 2019 12,500.00 ------

DEPARTMENT TOTAL: 21,160.38 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 14 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

CAMP STREET TIF INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------25-00-0-012 MIDWEST ENGINEERING ASSOC CAMP/RIVER ROUNDABOUT PH II 21,518.23 25-00-0-014 MILLER HALL & TRIGGS 8/19 CAMP ST LEGAL TIF 59.10 ------

DEPARTMENT TOTAL: 21,577.33 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 15 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

W. WASHINGTON ST TIF INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------26-00-0-014 MILLER HALL & TRIGGS 8/19 WASHINGTON LEGAL TIF 594.00 26-00-0-199 CULLINAN PROPERTIES LTD EP DOWNTOWN TAX INCENTIVE #17 113,146.57 ------

DEPARTMENT TOTAL: 113,740.57 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 16 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

WATER & SEWER INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------50-50-0-020 HAWKINS INC PHOSPHATE 2,691.94 PDC LABORATORIES INC GUARD DOG PROGRAM FEE 250.00 WATER TESTING 108.00 WATER TESTING 20.00 WATER TESTING 20.00 WATER TESTING 20.00 50-50-0-021 L&S LABEL PRINTING UTILITY BILLS & REMINDERS 971.20 50-50-0-023 NEOFUNDS BY NEOPOST POSTAGE REFILL 4,000.00 50-50-0-045 AZAVAR AUDIT SOLUTIONS TELECOMMUNICATIONS AUDITS 277.16 FRONTIER 8/22/19-9/21/19 PHONE SERVICE 56.80 8/22/19-9/21/19 PHONE SERVICE 56.80 VERIZON WIRELESS 7/10/19-8/9/19 CELL SERVICE 669.88 7/11/19-8/10/19 CELL SERVICE 85.50 50-50-0-047 AMEREN ILLINOIS 9/19 POWER FOR PUMPING WATER 7,588.33 CONSTELLATION NEW ENERGY 7/19 GAS FOR WATER 3,068.48 50-50-0-050 CINTAS CORPORATION MATS 65.69 HAGERTY STEEL & ALUMINUM CO. FLAT SHEET 77.48 ANGLE STOCK 83.95 50-50-0-052 INTERSTATE BATTERY SYSTEM OF BATTERIES 339.90 MUTUAL WHEEL COMPANY HITCH 145.29 50-50-0-070 LOWES HOME IMPROVEMENT AIR HOSE 18.02 TAZEWELL COUNTY LANDFILL SPOILS 265.68 50-50-0-100 WAL-MART COMMUNITY SUPPLIES 60.67 50-50-0-112 BADGER METER INC. METER PARTS 780.00 50-50-0-115 AG-LAND FS, INC. 8/19 DIESEL 2,443.08 50-50-0-123 CORE & MAIN MAIN CLAMPS 685.77 TAP CLAMPS 133.96 50-50-0-124 DE NORA WATER TECHNOLOGIES INC CHLORINE SCRUBBER REPAIR 44,000.00 BRENNTAG MID-SOUTH, INC DRUM RETURN -150.00 DRUM RETURN -650.00 DRUM RETURN -150.00 DRUM RETURN -700.00 DRUM RETURN -750.00 DRUM RETURN -2,800.00 DRUM RETURNS -400.00 CHLORINE, HUDROFLUOSILICIC 618.00 CHLORINE, HYDROFLUOSILICIC 944.00 HYDROFLUOSILICIC 438.00 FLOURIDE, CHLORINE 2,142.85 CHLORINE, HYDROFLUOSILICIC 472.00 CHLORIDE & HYDROFLUOSILICIC 1,433.00 LOWES HOME IMPROVEMENT CREDIT- METAL ANGLE -25.16 ELECTRICAL FITTINGS 5.46 TROWEL/SHEETING/BALL VALVE 83.14 DOORWAY FOAM 17.05 PAINT/PRIMER/CONCRETE PATCH 79.76 METAL ANGLE/LUMBER 29.76 DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 17 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

WATER & SEWER INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------50-50-0-124 PEORIA BRICK & TILE COMPANY CONCRETE SUPPLIES 66.09 SPRINGFIELD ELECTRIC SUPPLY STORAGE BINS 97.69 50-50-0-130 BORN PAINT & WALLPAPER CO. HYDRANT PAINT 16.16 50-51-0-045 VERIZON WIRELESS 7/5/19-7/10/19 CELL SERVICE 91.28 7/10/19-8/9/19 CELL SERVICE 235.58 7/11/19-8/10/19 CELL SERVICE 86.92 50-51-0-047 AMEREN ILLINOIS 9/19 POWER FOR PUMPING SEWER 2,124.15 CONSTELLATION NEW ENERGY 7/19 GAS FOR SEWER 8,999.30 50-51-0-052 AUTOZONE COMMERCIAL GASKET 12.49 CENTRE STATE INTN'L TRUCKING FILTER 64.28 EXHAUST PARTS 725.89 MUTUAL WHEEL COMPANY AIR CHUCK 8.51 O'REILLY AUTO PARTS LOADER FUEL FILTER 40.24 VITAL SIGNS INC. TRUCK DECAL 85.00 50-51-0-070 WAL-MART COMMUNITY CLEANERS 85.49 50-51-0-080 BESSLER WELDING INC WELDING REPAIR PLT #1 199.50 COLUMBIA PIPE & SUPPLY CO. BALL VALVE 76.66 HAWKINS INC POLYMER 3,718.23 SPRINGFIELD ELECTRIC SUPPLY ELECTRICAL SUPPLIES 1,047.62 50-51-0-086 GAUNT ENTERPRISES, INC POND CLEANOUT FOR WWTP PROJ. 3,250.00 GRAINGER INC. BLOWER 103.49 50-51-0-087 WASTE MANAGEMENT SLUDGE PROCESSING FEES 310.96 TAZEWELL COUNTY LANDFILL SLUDGE PROCESSING 5,983.20 50-53-0-092 ALTORFER GENSET REPAIR 1,002.56 50-53-0-115 AG-LAND FS, INC. 8/19 DIESEL 610.77 50-55-0-170 CORE & MAIN 6" PIPE BRAIRBROOK 314.40 FITTINGS, COUPLINGS, PVC 1,934.09 4" PIPE - BRIARBROOK 60.20 WATER MAIN PARTS 1,091.80 R.A. CULLINAN & SON INC. SAND & CA-6 5,208.36 SUNBELT RENTALS INC SAW & BLADE 164.30 50-56-0-170 BRAD BOULTON CONSULTING FEES 6,228.75 FARNSWORTH GROUP WWTP UPGRADES 70,999.80 50-57-0-257 MORTON COMMUNITY BANK ERI LOAN PRINCIPAL 19,600.31 ERI LOAN INTEREST 1,299.10 ------

DEPARTMENT TOTAL: 205,564.61 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 18 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

MOTOR FUEL TAX INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------75-00-0-163 R.A. CULLINAN & SON INC. 2019 SEAL COATING 168,618.25 2019 SEAL COATING 56,682.75 ------

DEPARTMENT TOTAL: 225,301.00 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 19 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

RIVERBOAT GAMING TAX FUND INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------80-00-0-257 MORTON COMMUNITY BANK ERI LOAN PRINCIPAL 21,680.89 ERI LOAN INTEREST 1,436.99 ------

DEPARTMENT TOTAL: 23,117.88 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 20 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

PAYROLL HOLDING ACCTS INVOICES DUE ON/BEFORE 09/15/2019

ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------99-99-9-998 WAGES PAID 9/15/19 GF PAYROLL 514,216.01 9/15/19 WS PAYROLL 79,918.17 ------

DEPARTMENT TOTAL: 594,134.18 ======

APPROVED FOR PAYMENT BY: DATE: 09/12/19 CITY OF EAST PEORIA PAGE: 21 TIME: 16:35:06 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP

FINAL TOTALS INVOICES DUE ON/BEFORE 09/15/2019 ------

GENERAL CORPORATE FUND 87,438.52

EMERGENCY SERV & DISASTER AST 53.40

POLICE PROTECTION FUND 37,755.45

FIRE PROTECTION FUND 19,097.74

SOLID WASTE 6,129.72

STREET & BRIDGE FUND 7,963.65

MUNICIPAL AUDIT FUND 9,770.00

SEWER CHLORINATION 1,126.50

STREET LIGHTING FUND 13,216.23

EASTSIDE CENTRE 11,465.26

HOTEL-MOTEL TAX 21,160.38

CAMP STREET TIF 21,577.33

W. WASHINGTON ST TIF 113,740.57

WATER & SEWER 205,564.61

MOTOR FUEL TAX 225,301.00

RIVERBOAT GAMING TAX FUND 23,117.88

PAYROLL HOLDING ACCTS 594,134.18 ------

GRAND TOTAL 1,398,612.42 ======Resolution No. 1920-057

Department of Tourism and Special Events

TO: The Honorable Mayor and City Council

FROM: Doug McCarty, Director of Tourism and Special Events; Dennis Barron, Director of Public Works

DATE: August 29, 2019

SUBJECT: Festival of Lights Road Closures - IDOT

DISCUSSION: Each year, the City of East Peoria is required to acquire permits from the Illinois Department of Transportation (IDOT) for the closure of State highways in East Peoria for the Festival of Lights. Two (2) permits are required, one for each state route that is temporarily closed for the parade. The permits are for temporary lane closures of Illinois Route 8 and Illinois Route 150.

The parade will be held on November 16, 2019

RECOMMENDATION: Approve a resolution for temporary road closures and forward the permit requests to the Illinois Department of Transportation. RESOLUTION NO. 1920-057

East Peoria, Illinois ______, 2019

RESOLUTION BY COMMISSIONER ______

RESOLUTION REQUESTING PERMISSION FOR TEMPORARY CLOSURE OF STATE MAINTAINED ROADWAYS FOR A PUBLIC EVENT

WHEREAS, the City of East Peoria is sponsoring The Festival of Lights Parade (the “Parade”) in the City of East Peoria, which event constitutes a public purpose; and

WHEREAS, the Parade will require the temporary closure of parts of Illinois Routes 8 and U.S. 150, all highways located in the City of East Peoria, but under the jurisdiction of the State of Illinois; and

WHEREAS, Section 4-408 of the Illinois Highway Code authorizes the Department of Transportation (“IDOT”) to issue permits to local authorities to temporarily close portions of state highways for such public purposes;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. The Director of Public Works or his designee shall request permission from IDOT to close the following sections of the indicated highways during the time period between 5:00 p.m. and 8:00 p.m. on Saturday, November 16, 2019:

A. Illinois Route 8 from Dolans Lane to I-74 (“Section A”); and

B. U.S. Route 150 from Veterans Drive to East Washington Street (“Section B”).

Section 2. Traffic from the closed portions of the highways shall be detoured over routes with an all-weather surface that can accept the anticipated traffic, which will be maintained to the satisfaction of the Department and which shall be conspicuously marked for the benefit of traffic diverted from the state highway. The parking of vehicles shall be prohibited on the detour routes to allow an uninterrupted flow of two-way traffic. The detour routes shall be as follows:

A. For Section A: From Arnold Road to Fondulac Place to Highview Road to Illinois Route 116.

B. For Section C: I-74 to Pinecrest Drive to Mueller Road east to South Pleasant Hill Road to Meadows Avenue.

Section 3. The City of East Peoria assumes full responsibility for the direction, protection and regulation of the traffic during the time the detour is in effect.

Section 4. Police officers or authorized flaggers shall, at the expense of the City of East Peoria, be positioned at each end of the closed sections and at other points (such as intersections) as may be necessary to assist in directing traffic through the detour.

Section 5. Police officers, flaggers and officials shall permit emergency vehicles in emergency situations to pass through the closed area as swiftly as is safe for all concerned.

Section 6. All debris shall be removed by the City of East Peoria prior to reopening the state highways.

Section 7. Such signs, flags, barricades, etc., as may be approved by IDOT shall be provided and installed by the City of East Peoria.

Section 8. The closure and detour shall be marked according to the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways.

Section 9. The City of East Peoria hereby agrees to assume all liabilities and pay all claims for any damage which shall be occasioned by the closing described above.

Section 10. The City of East Peoria shall provide a comprehensive general liability insurance policy or an additional insured endorsement in the amount of $1,000,000 per person $2,000,000 aggregate which has IDOT and its officials, employees and agents as insureds and which protects them from all claims arising from the requested road closing.

Section 11. A copy of this resolution shall be forwarded to IDOT to serve as a request for the permission sought in this resolution and to operate as part of the conditions of said permission.

APPROVED:

______Mayor ATTEST:

______City Clerk

2 Resolution No. 1920-054

Department of PUBLIC WORKS 2232 E. Washington Street, East Peoria, IL 61611 (309) 698-4716 FAX (309) 698-4730

Commissioners Dan Decker Mike Sutherland

TO: The Honorable Mayor and City Council

FROM: Dennis W. Barron, Jr., Director of Public Works

THRU: Mike Sutherland, Commissioner of Public Property

DATE: August 23, 2019

SUBJECT: SLIPLINING OF SANITARY SEWER MAINS ON HILL ROAD THE CITY OF EAST PEORIA.

DISCUSSION:

As continuation of the sliplining process to increase efficiency of sanitary sewers and reduce the amounts of inflow and infiltration (I & I) into the sewer mains, the following sliplining projects were considered.

Hill Road (955 LF) $30,655.50 Service Connections (2) $ 120.00 LMK End Seals (8) $ 1,160.00 TOTAL $31,935.50

The bid was from Hoerr Construction, Inc. in the amount of $31,935.50. JC.Dillon, Inc. was asked to bid the project with a proposed bid amount of $33,570.00 for the project.

The funding is provided in the 2019-20 Wastewater Operation & Maintenance budget line item 50-56-0-053 in the amount of $31,935.50.

RECOMMENDATION:

Approve the proposal from Hoerr Construction, Inc. and award a contract in the amount of $31,935.50 for sliplining Hill Road in the City of East Peoria. RESOLUTION NO. 1920-054

East Peoria, Illinois ______, 2019

RESOLUTION BY COMMISSIONER

WHEREAS, it is in the best interest of the City to slip line approximately 995 linear feet of sanitary sewer located on Hill Road under the Creek, including Service Connections and LMK End Seals (the “Project”); and

WHEREAS, Hoerr Construction, Inc. (“Hoerr Construction”) has offered to complete the Project at a total cost of $31,935.50 under the terms and conditions set forth in the proposal attached hereto and labeled “Exhibit A” (the “Hoerr Proposal”);

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City hereby approves the Hoerr Proposal in the amount of $31,935.50 for the Project; and the Mayor or his designee is hereby authorized and directed to execute the Hoerr Proposal on behalf of the City together with such changes therein as the Mayor in his discretion may approve; provided, however, that the City shall have no obligation under the terms of this resolution until an executed original of the Hoerr Proposal has been delivered to Hoerr Construction.

APPROVED:

______Mayor

ATTEST:

______City Clerk Exhibit A

Resolution No. 1920-055

Department of PUBLIC WORKS 2232 E. Washington Street, East Peoria, IL 61611 (309) 698-4716 FAX (309) 698-4730

Commissioners Dan Decker Tim Jeffers

TO: The Honorable Mayor and City Council

FROM: Dennis W. Barron, Jr., Director of Public Works

DATE: August 28, 2019

SUBJECT: SANITARY SEWER REPAIR TO E. FAULKNER RD.

DISCUSSION:

Public Works was made aware of a sewer issue on a trunk line on E. Faulkner Road. The stormwater drainage has eroded to the point of causing damage to the underlying sanitary sewer trunk line. This repair is needed to support the sewer line to prevent damage.

G. A. Rich was contacted to quote the necessary repairs on E. Faulkner Rd.

Quotes and bids were requested from several other vendors, but none were received.

RECOMMENDATION:

Approve the repair quote from G.A. Rich in the amount of $36,000.00 for the sanitary sewer trunk line repairs on E. Faulkner Rd. in the City of East Peoria. RESOLUTION NO. 1920-055

East Peoria, Illinois ______, 2019

RESOLUTION BY COMMISSIONER

WHEREAS, it is in the best interest of the City to repair the sanitary sewer trunk line on East Faulkner Road to support the sewer line to prevent damage from stormwater drainage erosion (the “Project”); and

WHEREAS, G.A. Rich & Sons (“G.A. Rich”) has offered to complete the Project at a total cost of $36,000 under the terms and conditions set forth in the proposal attached hereto and labeled “Exhibit A” (the “G.A. Rich Proposal”);

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City hereby approves the G.A. Rich Proposal in the amount of $36,000.00 for the Project; and the Mayor or his designee is hereby authorized and directed to execute the G.A. Rich Proposal on behalf of the City together with such changes therein as the Mayor in his discretion may approve; provided, however, that the City shall have no obligation under the terms of this resolution until an executed original of the G.A. Rich Proposal has been delivered to G.A. Rich.

APPROVED:

______Mayor

ATTEST:

______City Clerk Exhibit A Resolution No. 1920-056

Department of PUBLIC WORKS 2232 E. Washington Street, East Peoria, IL 61611 (309) 698-4716 FAX (309) 698-4730

Commissioners Dan Decker Tim Jeffers

TO: The Honorable Mayor and the City Council

FROM: Dennis Barron, Director of Public Works

DATE: August 28, 2019

SUBJECT: WWTP Change Order #1

DISCUSSION: This Change Order #1 involves a reduction in contingency allowances for the Division 461300 Sulzer Blowers and Provision of Section 262923.2.1.b.1 Toshiba Variable Frequency Drives in the Project Motor Control Centers, (compatible to the existing City units and serviceable long term by local support facilities).

These changes are approved by Farnsworth, Inc (engineers), Brad Boulton (BCL Consulting), Dennis Barron (Director of PW).

This Change Order approval is to be sent to the IEPA for approval and financing.

RECOMMENDATION: We recommend that the City approve the Change Order #1 for the Wastewater Treatment Improvements Phase A, B and C in the amount of $52,894.00. RESOLUTION NO. 1920-056

East Peoria, Illinois , 2019

RESOLUTION BY COMMISSIONER ______

RESOLUTION ACCEPTING CHANGE ORDER FOR CITY’S SANITARY SEWER SYSTEM UPGRADE PROJECT (PHASE A – C CONSTRUCTION PROJECT)

WHEREAS, the City of East Peoria currently operates a combined waterworks and sewerage system, which includes a sanitary sewer system, in accordance with the provisions of Division 139 of Article 11 of the Illinois Municipal Code (65 ILCS 5/11-139- 1 et seq.); and

WHEREAS, the City has previously awarded a contract to Williams Brothers Construction Inc. (the “Contractor”) for the construction of Phases A – C of the Sanitary Sewer System Upgrade Project, the City; and

WHEREAS, a change order has been requested for the Project regarding the aeration blower equipment for Waste Water Treatment Plant #1 (the “Change Order”) in the amount of $52,894.00, as described in “Exhibit A”, attached hereto and incorporated herein by reference; and

WHEREAS, the Change Order has been reviewed and approved by the City’s Project Engineer (Farnsworth), the City’s Project consultant, and City Officials as being a necessary improvement for the Project; and

WHEREAS, it is in the City’s best interests to approve the Change Order for the betterment of the Sanitary Sewer System Upgrade Project;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. The above recitations are found to be true and correct and are incorporated herein.

Section 2. The Change Order for the Sanitary Sewer System Upgrade Project as set forth in Exhibit A in the amount of $52,894.00 is hereby approved.

Section 3. The Mayor, or his designee, is hereby authorized to submit the proposed Change Order to the IEPA for approval and to execute any documentation necessary for the IEPA submission and review process.

Section 4. After receiving IEPA approval for the Change Order, the Mayor or his designee is authorized to execute any additional documentation required for effectuating the Change Order; provided, however, that the City shall have no obligation to the Contractor under this Resolution until such time as an executed Change Order has been delivered to the Contractor and IEPA approval has been obtained.

APPROVED:

______Mayor

ATTEST:

______City Clerk

2 Exhibit A

Ordinance No. 4453

City of East Peoria Accounts & Finance

MEMORANDUM

TO: Mayor John P. Kahl and Members of the City Council

FROM: Jeffery M. Becker, Finance Director/Treasurer

SUBJECT: Ordinance 4453- Imposing Municipal Cannabis Retailers’ Occupation Tax on Dispensaries in the City of East Peoria

DISCUSSION: This Ordinance amends the East Peoria City Code to impose a 3% Municipal Cannabis Retailers’ Occupation Tax on the sale of recreational cannabis in the City of East Peoria. The cannabis tax would be effective January 1, 2020 or the effective date provided by law.

• The tax will be collected by the Illinois Department of Revenue (IDOR), same as the City Imposed Non-Home Rule sales tax. • IDOR withholds 1.5% of the total collected as a fee for the collection of locally imposed taxes. • The City currently receives these collections (3) months after the sale, which would result in the first receipt of cannabis tax occurring no earlier than April of 2020.

In addition to the 3% Cannabis tax, the city will also receive it’s 1% share of State sales tax and 1.75% Non-Home Rule sales tax less the State’s fee of 1.5%.

Attached to this memo is the Adult-Use Cannabis Fact Sheet from IML.

RECOMMENDATION: Approve FACT SHEET

Adult-Use Cannabis

Public Act 101-0027 creates the Cannabis Regulation and Tax Act and was signed into law by Governor JB Pritzker on June 25, 2019. Effective January 1, 2020, the Act legalizes the possession and private use of cannabis for Illinois residents over 21 years of age. 7/15/19 LOCAL REGULATION OF CONSUMPTION Municipalities may not restrict the private consumption of cannabis that is authorized by the Act. However, the Act prohibits the use of cannabis in public places, schools and child care facilities among other locations. Municipalities may adopt and enforce local ordinances to regulate possession and public consumption of cannabis so long as the regulations and penalties are consistent with the Act.

HOME GROW LIMITED TO MEDICAL PROGRAM PARTICIPANTS Home grow cannabis will be authorized only for medical cannabis program participants, and is limited to five plants in their residence and subject to specified restrictions. Home grow of recreational cannabis by non-medical participants is prohibited. More information about the medical cannabis program is available via this link.

ZONING The Act preserves local zoning authority and directly authorizes municipalities to prohibit (opt out) or significantly limit the location of cannabis businesses by ordinance. Municipalities will have the authority to enact reasonable zoning regulations that are not in conflict with the act. This would include the authority to opt out of either commercial production or distribution (dispensaries) of adult-use cannabis within their jurisdiction. Municipalities also may enact zoning ordinances and regulations designating the time, place, manner and number of cannabis business operations, including minimum distances between locations through conditional use permits.

BUSINESS REGULATION In addition to zoning authority, municipalities will have the authority to allow for on-premise use of cannabis at locations to be determined locally. The Act anticipates that local authorities will engage in inspections of cannabis-related businesses. Municipalities may establish and impose civil penalties for violations of the local ordinances and regulations.

ILLINOIS MUNICIPAL LEAGUE

500 East Capitol Avenue | PO Box 5180 | Springfield, IL 62705-5180| Ph: 217.525.1220 | Fx: 217.525.7438 | www.iml.org LOCAL REVENUE Municipalities, by ordinance, may impose a Municipal Cannabis Retailers’ Occupation Tax on adult-use cannabis products of up to 3% of the purchase price, in .25% increments. Counties may impose up to 3.75% in unincorporated areas, in .25% increments. The taxes imposed under this Act shall be in addition to all other occupation, privilege or excise taxes imposed by the State of Illinois or by any unit of local government, such as sales tax.

SMOKE FREE ILLINOIS ACT The Act applies the restrictions of the Smoke Free Illinois Act on smoking cannabis, and provides that property owners may prohibit the use of cannabis by any guest, lessee, customer or visitor. In addition, lessors may prohibit cultivation of cannabis by their lessees.

EMPLOYER PROVISIONS The Act provides employer protections including that nothing in the enactment prohibits employers from adopting reasonable zero-tolerance or drug-free workplace employment policies concerning drug testing, smoking, consumption, storage or use of cannabis in the workplace or while on-call. These policies must be applied in a nondiscriminatory manner. Employers may prohibit the use of cannabis by employees in the workplace, and engage in discipline, including termination, for violations of those polices and workplace rules.

STATE LICENSING The Act authorizes the production and distribution of cannabis and cannabis products through state-licensed cultivators, craft growers, infusers, transporters and dispensaries. Cannabis transporters will be separately licensed by the Act, as well. A market study due in March 2021 will inform future licensing. The state will issue licenses according to a STATE REVENUE graduated scale. By the end of the first year, there will be up to 295 dispensing organizations. The Act will allow up to 500 dispensing State revenues derived from the Cannabis organizations by January 1, 2022. Cultivators will be capped at Regulation and Tax Act will be deposited 50, and 100 craft growers will be allowed. By that same date, 100 into the Cannabis Regulation Fund. The infusers will also be authorized to be licensed. funds will be distributed to multiple state agencies for implementation of the GRANTS AND INVESTMENT Act. The legalization of adult cannabis also includes a new source of Local The Act establishes the Restore, Reinvest and Renew (R3) Program Government Distributive Fund (LGDF) to invest in communities historically impacted by economic dollars. A portion of the Cannabis disinvestment and violence. The Illinois Criminal Justice Information Regulation Fund revenues (8% of Authority (ICJIA) will identify R3 areas that qualify for funding, and deposits) will go to local governments, grants will be awarded by the R3 Board. A 22-member R3 Board will through LGDF, which will be used to award grants throughout the state, subject to an application process fund crime prevention programs, training and the Government Accountability and Transparency Act (GATA); and interdiction efforts. The Cannabis the R3 Board shall be chaired by the Lt. Governor. Regulation Fund is derived from moneys SOCIAL EQUITY collected from state taxes, license fees and other amounts required to be The Act provides for a social equity program to establish a legal transferred into the Fund. cannabis industry that is accessible to those most adversely impacted by the enforcement of drug-related laws in this state, including cannabis-related laws. Qualifying social equity applicants may be awarded financial assistance and incentives if they are interested in establishing cannabis related businesses.

DECRIMINALIZATION AND EXPUNGEMENTS A significant portion of the Act addresses the decriminalization of cannabis through mandatory and discretionary expungements of criminal convictions relating to non-violent cannabis offenses.

Illinois Municipal League | Adult-Use Cannabis Page 2 ORDINANCE NO. 4453

AN ORDINANCE IMPOSING MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX ON CANNABIS RETAIL DISPENSARIES IN THE CITY OF EAST PEORIA

WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that benefit the public health, safety, and welfare of its citizens; and

WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cannabis Regulation and Tax Act, Public Act 101-0027 (effective June 25, 2019), which provides the City with the authority to impose a municipal sales tax on sales of adult- use, recreational cannabis within the City; and

WHEREAS, as a means to provide this authority to impose a municipal sales tax on sales of adult-use, recreational cannabis, the Illinois Cannabis Regulation and Tax Act establishes the Illinois Municipal Cannabis Retailers’ Occupation Tax Law under the Illinois Municipal Code (65 ILCS 5/11-8-22); and

WHEREAS, this Ordinance imposes the sales tax authorized by the Illinois Municipal Cannabis Retailers’ Occupation Tax Law by providing for a municipal cannabis retailers’ occupation tax on all cannabis retailers doing business in the City, which will be collected by the Illinois Department of Revenue; and

WHEREAS, the City has determined that the collection of the municipal sales tax in the City as authorized by the Illinois Municipal Cannabis Retailers’ Occupation Tax Law is in the best interests of the City; and

WHEREAS, the City Council further finds that it is in the best interests of the City and its citizens that this municipal cannabis retailers’ occupation tax be imposed on all sales of adult-use, recreational cannabis in the City;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. The recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby adopted as part of this Ordinance.

Section 2. Chapter 37 of Title 3 is hereby added to the East Peoria City Code as follows:

Chapter 37 - MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX

SECTION:

3-37-1. Tax imposed; Rate. 3-37-2. Collection of tax by recreational cannabis retailers.

3-37-1 Tax imposed; Rate.

(a) A tax is hereby imposed upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot Program Act, at retail in the City at the rate of 3.0% of the gross receipts from these sales made in the course of that business.

(b) The imposition of this tax is in accordance with the provisions of Illinois Municipal Cannabis Retailers’ Occupation Tax Law, as set forth in Section 8-11-22 of the Illinois Municipal Code (65 ILCS 5/8- 11-22), as amended from time to time.

3-37-2 Collection of tax by recreational cannabis retailers.

(a) The tax imposed by this Chapter shall be remitted by such retailer to the Illinois Department of Revenue. Any tax required to be collected pursuant to or as authorized by this Chapter and any such tax collected by such retailer and required to be remitted to the Illinois Department of Revenue shall constitute a debt owed by the retailer to the State. Retailers may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that sellers are required to collect.

(b) The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Illinois Department of Revenue. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this Chapter.

Section 3. Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.

Section 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law, provided,

however, that the tax provided for herein shall take effect for all sales on or after the first day of January, 2020. The City Clerk is hereby directed to forward certified copies of this Ordinance to the Illinois Department of Revenue prior to September 30, 2019.

Section 5. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code.

Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby superseded and repealed by this ordinance, and any conflicts shall be governed by the ordinance.

Section 7. This Ordinance shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law.

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF ______, 2019.

APPROVED:

______Mayor

ATTEST:

______City Clerk

EXAMINED AND APPROVED:

______Corporation Counsel

Ordinance No. 4454

TO: The Honorable Mayor and City Council

FROM: Ty Livingston, Director of Planning & Community Development

DATE: September 10, 2019

SUBJECT: Petition of the City of East Peoria for a text amendment to amend Title 5, Chapter 2, Section 3, Title 5, Chapter 9, Section 4 and Title 5, Chapter 10, Section 1 of the East Peoria City Code to define and permit Adult-Use Cannabis Facilities as a Special Use/Conditional Use.

BACKGROUND: City staff is presenting the attached draft code change to address the changes in state law regarding adult-use cannabis going into effect January 1, 2020. The proposed code change largely mirrors the zoning requirements for medical cannabis. Highlights of the code change include definitions specific to this use along with the separation from specific uses as well as which zoning classifications this use would be permitted only with a Special Use. A map has been attached showing locations that would be eligible for consideration of this use. Our public safety staff has identified a need to generate additional financial resources to aid in their efforts to manage this new law and its potential impacts upon our community.

The ZBA voted 5-1 at their meeting to recommend approval of the proposed text amendment.

RECOMMENDATION: Approval of the proposed text amendment, as presented. ORDINANCE NO. 4454

AN ORDINANCE AMENDING THE ZONING CODE FOR THE CITY OF EAST PEORIA REGARDING ADULT-USE RECREATIONAL CANNABIS BUSINESSES

WHEREAS, the City of East Peoria, Illinois, has enacted a Zoning Code for establishing municipal zoning regulations for the purpose of improving and protecting the public health, safety, comfort, convenience, and general welfare of the people and its citizens; and

WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act, Public Act 101-0027 (effective June 25, 2019), which pertains to the possession, use, cultivation, transportation, and dispensing of adult-use cannabis (the “Act”), and

WHEREAS, pursuant to the Act, the City may enact reasonable zoning ordinances not in conflict with the Act that regulate recreational cannabis business establishments in the City, including rules adopted to govern the time, place, manner, and number of recreational cannabis business establishments in the City, to regulate the minimum distance limitations between cannabis business establishments in the City, and to regulate locations within the City that are deemed sensitive in relation to cannabis business establishments doing business in the City; and

WHEREAS, the City has initiated an amendment to the City’s Zoning Code (Title 5 of the City Code) to review and consider additional amendments to the Zoning Code for the regulation of adult-use, recreational cannabis facilities and businesses within the City of East Peoria; and

WHEREAS, the City has also initiated an amendment to the City’s Zoning Code (Title 5 of the City Code) to regulate the use of adult-use, recreational cannabis at businesses and facilities within the City, including at recreational cannabis business establishments doing business in the City; and

WHEREAS, the City’s Zoning Board of Appeals conducted a public hearing, as required by law, on September 9, 2019, in regards to the proposed amendments to the City’s Zoning Code pertaining to adult-use recreational cannabis businesses and use of adult-use recreational cannabis in the City; and

WHEREAS, the Zoning Board of Appeals has recommended approval of the proposed amendments to the City’s Zoning Code after holding the required public hearing and then considering the proposed amendments to the City’s Zoning Code as set forth herein; and

WHEREAS, the City Council hereby finds that it is in the best interests of the City and its citizens that the Zoning Code regulations set forth herein be established for regulating adult-use recreational cannabis businesses and use of adult-use recreational cannabis in the City;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby incorporated and adopted as part of this Ordinance.

Section 2. Title 5, Chapter 2, Section 3 (“Definitions”) of the East Peoria City Code is hereby amended by adding the following definitions:

Adult-use cannabis business establishment means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transporting organization.

Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization pursuant to the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time- to-time, and regulations promulgated thereunder.

Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments pursuant to the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers pursuant to the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product pursuant to the

Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product pursuant to the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program pursuant to the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

CRTA means the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Section 3. Title 5, Chapter 7.1 (Adult Use Recreational Cannabis) is hereby added to the East Peoria City Code as follows:

Chapter 7.1 - ADULT-USE RECREATIONAL CANNABIS:

SECTION:

5-7.1-1. Purpose and applicability. 5-7.1-2. Conditional use. 5-7.1-3. Adult-use cannabis craft grower. 5-7.1-4. Adult-use cannabis cultivation center. 5-7.1-5. Adult-use cannabis dispensing organization. 5-7.1-6. Adult-use cannabis infuser organization 5-7.1-7. Adult-use cannabis processer organization. 5-7.1-8. Adult-use cannabis transporter organization. 5-7.1-9. Co-location of adult-use cannabis business establishments. 5-7.1-10. On-site use or consumption prohibited. 5-7.1-11. Security and other improvements. 5-7.1-12. Application procedure.

5-7.1-1. Purpose and applicability. It is the intent and purpose of this Chapter to provide regulations regarding the cultivation, processing, dispensing, and transporting of adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the CRTA) and the regulations provided in this Chapter. In the event that the CRTA is amended, the more restrictive of the state or the city regulations (as established in this Chapter) shall apply.

5-7.1-2. Conditional use. An Adult-Use Cannabis Business Establishment facility shall require approval as a Conditional Use in the respective zoning use district in which such facility is to be located. In determining compliance with this Chapter and eligibility as a Conditional Use, the following standards shall be evaluated for the proposed Adult-Use Cannabis Facility based on the entirety of the circumstances affecting the particular property for which the Conditional Use is sought in the context of the existing and intended future use of the adjacent and nearby properties:

(a) Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

(b) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations and security plan, and building code compliance.

(d) Anticipated parking demand, available private parking supply, and parking requirements established in Chapter 7 of this title.

(e) Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

(f) Site design, including access points and internal site circulation.

(g) Proposed signage plan.

(h) Compliance with all requirements of the specific section in this Chapter for the particular type of Adult-Use Cannabis Business Establishment that is being proposed, as applicable.

(i) Other criteria determined to be necessary to assess compliance with the provisions of this Chapter.

5-7.1-3. Adult-use cannabis craft grower. In those zoning use districts in which an Adult-Use Cannabis Craft Grower may be located, the proposed facility must comply with the following:

(a) Facility may not be located within 1,000 feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for purposes of this Section.

(b) Facility may not conduct any sales or distribution of cannabis other than as authorized by the CRTA.

(c) For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as “restaurant” or “night club” per Section 5-7-6 (Schedule of Parking Requirements: Business Uses), provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Section 5-7.1-2.

(d) No more than one (1) Adult-Use Cannabis Craft Grower shall be granted a Conditional Use under this Chapter or otherwise permitted to operate in the City.

(e) The Adult-Use Cannabis Craft Grower shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this Chapter.

5-7.1-4. Adult-use cannabis cultivation center. In those zoning use districts in which an Adult-Use Cannabis Cultivation Center may be located, the proposed facility must comply with the following:

(b) Facility may not conduct any sales or distribution of cannabis other than as authorized by the CRTA.

(c) For purposes of determining required parking, Adult-Use Cannabis Cultivation Centers shall be classified as “manufacturing or industrial use” per Section 5-7-6 (Schedule of Parking Requirements: Industrial Uses), provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Section 5-7.1-2.

(d) No more than one (1) Adult-Use Cannabis Cultivation Center shall be granted a Conditional Use under this Chapter or otherwise permitted to operate in the City.

(e) The Adult-Use Cannabis Cultivation Center shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this Chapter.

5-7.1-5. Adult-use cannabis dispensing organization. In those zoning use districts in which an Adult-Use Cannabis Dispensing Organization may be located, the proposed facility must comply with the following:

(b) At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.

(d) For purposes of determining required parking, Adult-Use Cannabis Dispensing Organization shall be classified as “retail sales nots specifically designated” per Section 5-7-6 (Schedule of Parking Requirements: Business Uses), provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Section 5-7.1-2.

(e) No more than three (3) Adult-Use Cannabis Dispensing Organizations shall be granted a Conditional Use under this Chapter or otherwise permitted to operate in the City.

(f) The hours of operation for an Adult-Use Cannabis Dispensing Organization shall not be earlier than 8:00 a.m. and not later than 7:00 p.m.

(g) No person under the age of twenty-one (21) shall be allowed to enter an Adult-Use Cannabis Dispensing Organization.

(h) No person shall reside in or permit any person to reside in an Adult-Use Cannabis Dispensing Organization.

(i) No outdoor seating areas shall be permitted at an Adult-Use Cannabis Dispensing Organization.

(j) No drive-through services or sales shall be permitted at an Adult-Use Cannabis Dispensing Organization.

(k) The Adult-Use Cannabis Dispensing Organization shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this Chapter.

5-7.1-6. Adult-use cannabis infuser organization. In those zoning districts in which an Adult-Use Cannabis Infuser Organization may be located, the proposed facility must comply with the following:

(b) At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the CRTA. Facility may not conduct any sales or distribution of cannabis other than as authorized by the CRTA.

(c) For purposes of determining required parking, Adult-Use Cannabis Infuser Organizations shall be classified as “manufacturing or industrial use” per Section 5-7-6 (Schedule

of Parking Requirements: Industrial Uses), provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Section 5-7.1-2.

(d) No more than one (1) Adult-Use Cannabis Infuser Organization shall be granted a Conditional Use under this Chapter or otherwise permitted to operate in the City.

(e) The Adult-Use Cannabis Infuser Organization shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this Chapter.

5-7.1-7. Adult-use cannabis processing organization. In those zoning districts in which an Adult-Use Cannabis Processing Organization may be located, the proposed facility must comply with the following:

(b) At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the CRTA. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(c) For purposes of determining required parking, Adult-Use Cannabis Processing Organization shall be classified as “manufacturing or industrial use” per Section 5-7-6 (Schedule of Parking Requirements: Industrial Uses), provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Section 5-7.1-2.

(d) No more than one (1) Adult-Use Cannabis Processing Organization shall be granted a Conditional Use under this Chapter or otherwise permitted to operate in the City.

(e) The Adult-Use Cannabis Processing Organization shall operate the facility in compliance with all applicable state and

local laws, including the CRTA and the provisions of this Chapter.

5-7.1-8. Adult-use cannabis transporting organization. In those zoning districts in which an Adult-Use Transporting Organization may be located, the proposed facility must comply with the following:

(b) The Transporting Organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the CRTA.

(c) For purposes of determining required parking, Adult-Use Cannabis Transporting Organization shall be classified as “manufacturing or industrial use” per Section 5-7-6 (Schedule of Parking Requirements: Industrial Uses), provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Section 5-7.1-2.

(d) No more than three (3) Adult-Use Cannabis Transporting Organizations shall be granted a Conditional Use under this Chapter or otherwise permitted to operate in the City.

(e) The Adult-Use Cannabis Transporting Organization shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this Chapter.

5-7.1-9. Co-location of adult-use cannabis business establishments. The City may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the CRTA and the Conditional Use criteria set forth in this Chapter. In a co-location, the floor space requirements of Section 5-7.1-5(b) and 5-7.1-6(b) shall not apply, but the co-located establishments shall be the sole use of the tenant space.

5-7.1-10. On-site use or consumption prohibited. No on-site use or consumption of cannabis shall be permitted at any Adult-Use Cannabis Business Establishment in the City or at any other retail or service business, private club, or similar organization location in the City. Additionally, no on- site consumption shall be permitted of food, beverages, or other products sold at an Adult-Use Cannabis Business Establishment in the City.

5-7.1-11. Security and other improvements. A petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the Conditional Use permit, to ensure the safety of employees and customers of the Adult-Use Cannabis Business Establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the CRTA.

5-7.1-12. Application procedure. An application for a Conditional Use under this Chapter shall be processed in the same manner and with the same review and approval process as required for a special use under Section 5-11-10 of this title, except the standards set forth in Section 5-7.1- 2 of this Chapter shall apply in lieu of the special use standards set forth in Section 5-11-10(f) for special uses. Further, the other provisions of Section 5-11-10 shall apply to a Conditional Use granted under this Chapter except as otherwise provided herein. The application for a Conditional Use filed by a petitioner shall include an affidavit affirming compliance with the applicable section of this Chapter, all requirements of the CRTA, and any stipulations or conditions imposed during the review and approval process.

Section 4. Title 5, Chapter 9, Section 4(f) pertaining to conditional uses in the B- 3, Business Service District is hereby added to the East Peoria City Code as follows:

5-9-4. B-3 Business service district.

(f) Conditional Uses. The following conditional uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 7.1 this title, as appropriate:

(1) Adult-Use Cannabis Dispensing Organization;

(2) Adult-Use Cannabis Infuser Organization;

(3) Adult-Use Cannabis Processing Organization;

(4) Adult-Use Cannabis Transporting Organization.

Section 5. Title 5, Chapter 10, Section 2(f) pertaining to conditional uses in the M-1, Limited Manufacturing District is hereby added to the East Peoria City Code as follows:

5-10-2. M-1 Manufacturing district, limited.

(f) Conditional Uses. The following conditional uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 7.1 this title, as appropriate:

(1) Adult-Use Cannabis Dispensing Organization;

(2) Adult-Use Cannabis Infuser Organization;

(3) Adult-Use Cannabis Processing Organization;

(4) Adult-Use Cannabis Transporting Organization;

(5) Adult-Use Cannabis Craft Grower;

(6) Adult-Use Cannabis Cultivation Center.

Section 6. If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable.

Section 7. This Ordinance shall be in full force and effect upon its passage and approval as required by law.

Section 8. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code.

Section 9. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 10. This Ordinance shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law.

11 PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF ______, 2019.

APPROVED:

______Mayor

ATTEST:

______City Clerk

EXAMINED AND APPROVED:

______Corporation Counsel

12 Areas Permitted By ZT oning S

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R L Permitted Areas 0 0.5 1 2 Miles Ordinance No. 4455

TO: The Honorable Mayor and City Council

FROM: Ty Livingston, Director of Planning & Community Development

DATE: September 10, 2019

SUBJECT: Petition of Laurence Vaughn for a Special Use to allow for the placement of an accessory structure in the front yard on property located at 225 Edgewood Dr.

BACKGROUND: The petitioner here is seeking a Special Use to permit an accessory structure in the front yard. Given the topography of the sides and rear yards along with the placement of the home, this is a reasonable request. This is the second accessory structure here in the front yard but even with 2, the total square footage will be well below the allowed limit of 1,250sf. The petitioner indicated this structure will be of a similar appearance to an addition that was added to the home some years back. Also, given how well screened this home is from the street, staff does not have any aesthetic concerns here. Lastly, since the existing shed doesn’t appear to have a Special Use in-place, this new one will cover both structures to provide some level of comfort to future owners.

The zoning board voted 6-0 to recommend approval of the proposed Special Use, as presented.

RECOMMENDATION: Approval of the proposed Special Use, as presented. ORDINANCE NO. 4455

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 225 EDGEWOOD DRIVE IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS

WHEREAS, Laurence Vaughn (the “Petitioner”) has petitioned for a special use for accessory buildings on his property zoned “R-1 One-Family Dwelling District” and located at 225 Edgewood Drive in East Peoria, as shown and described at "Exhibit A", attached hereto and incorporated herein by reference (which property as so described hereinafter referred to as the "Property"); and

WHEREAS, after hearing pursuant to duly published notice, the East Peoria Zoning Board of Appeals has recommended approval of the proposed Special Use subject to certain conditions hereinafter set forth;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. A Special Use to allow for placement of two accessory structures (storage sheds) on the Property is hereby approved.

Section 2. The establishment and continuation of the special use hereby authorized is contingent upon continual compliance with all applicable provisions of the City Code and the following special conditions:

1. The existing accessory building (storage shed), approximately 8 feet by 10 feet in size, shall be located in the front yard of the Property as set forth in the submitted Site Plan (“Exhibit B”).

2. A new accessory building (storage shed), approximately 10 feet by 12 feet in size, shall be located in the front yard of the Property as set forth in the submitted Site Plan (“Exhibit B”).

3. Both accessory structures shall have and be maintained with a similar appearance.

4. The locations of the two accessory buildings authorized by this Ordinance shall be continuously maintained in accordance with the submitted Site Plan (“Exhibit B”).

Upon the violation of or failure to comply with the foregoing conditions or with any provisions of the City Code applicable to the Property or its use, the City Council may, after providing reasonable notice and an opportunity for a hearing, terminate the Special Use hereby approved.

Section 3. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code.

Section 4. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 5. This Ordinance shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law.

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS ______DAY OF ______, 2019.

APPROVED:

______Mayor ATTEST:

City Clerk

EXAMINED AND APPROVED:

Corporation Counsel

EXHIBIT A Map of Location of Special Use (225 Edgewood Drive)

Ordinance No. 4457

MEMORANDUM

September 13, 2019

TO: Mayor John P. Kahl and Members of the City Council

FROM: Ty Livingston, Director of Planning and Community Development and Scott A. Brunton (City Attorney’s Office )

SUBJECT: Special Service Area for Access Road 6 Improvements

______

DISCUSSION:

The owners of several properties and businesses along the northern portion of Access Road 6 have requested that the City undertake the creation of a special service area for financing the needed improvements to Access Road 6. Upon the creation of a special service area, an additional property tax levy is imposed against the property included in the special service area, and the revenues from this additional property tax is, in turn, used to pay the debt on bonds issued or other indebtedness incurred for financing the special service project. In this case, the special service project will be the improvements to Access Road 6.

This Ordinance initiates the process for establishing the special service area (the “SSA”). The first step in this process is adopting this Ordinance that establishes a public hearing on the proposed SSA, which will be scheduled for the City Council meeting on November 19, 2019 (which meets the “no less than 60 days after adoption of the initiating ordinance” requirement for an SSA). This Ordinance also provides that proper notice of this public hearing be published in the newspaper and sent to all affected property owners to be included in the SSA.

Specifically, this Ordinance provides as follows: (1) sets the public hearing for the November 19th Council meeting; (2) proposes the creation of SSA for funding and financing the road improvements to Access Road 6; (3) proposes incurring debt to financing these road improvements in the SSA; and (4) proposes levying a property tax against those properties benefitted by the road improvement project in the SSA. The Ordinance also provides a map exhibit that sets forth the properties to be included in the proposed SSA and the scope of the proposed road improvement project and the notice exhibit that sets forth the form of this notice that will be published and sent to the affected property owners. Also, the Ordinance designates this proposed SSA as “Special Service Area 2019A” for reference purposes should the SSA be approved after the public hearing. Once the public hearing is held, the City Council will then have the opportunity by separate ordinance to approve Special Service Area 2019A and the associated road improvement project, the related financing to be undertaken by the City for the road improvement project, and the levy of property taxes on the SSA properties to pay for the road improvement project and the financing undertaken by the City to that project.

RECOMMENDATION:

Approval of this Ordinance to initiate the SSA process for financing the road improvements for Access Road 6.

ORDINANCE NO. 4457

AN ORDINANCE PROPOSING APPROVAL OF THE CREATION OF A SPECIAL SERVICE AREA AND SETTING A PUBLIC HEARING FOR REVIEWING THE USE OF THE SPECIAL SERVICE AREA TO FUND IMPROVEMENTS TO ACCESS ROAD 6 IN THE CITY OF EAST PEORIA, TO LEVY A PROPERTY TAX AGAINST THOSE PROPERTIES BENEFITTED BY THE ROAD IMPROVEMENTS, AND TO INCUR DEBT FOR FINANCING THE ROAD IMPROVEMENT PROJECT

WHEREAS, pursuant to the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.), as supplemented and amended from time to time (the “SSA Act”), the City Council (the “Corporate Authorities”) of the City of East Peoria, Tazewell County, Illinois (the “City”), does hereby determine that it is advisable and in the best interests of the City to initiate the process and procedures for proposing and creating a Special Service Area (“SSA”) for the Project hereafter described and to set a public hearing date as required under the SSA Act to review the proposed creation of an SSA for the Project and to review related matters as set forth herein; and

WHEREAS, property owners with businesses located along the north end of Access Road 6 in East Peoria have approached City Officials seeking the creation of an SSA to repair and improve Access Road 6 off of Illinois Route 116 (North Main Street), including the adjacent storm water drainage areas and sewers along Access Road 6, for the benefit of their businesses located on Access Road 6, as shown on Exhibit A attached hereto (the “Project”), and that the City adopt SSA financing for the proposed Project; and

WHEREAS, pursuant to Sections 27-25 and 27-30 of the SSA Act, before establishing an SSA, the City is required to hold a public hearing not less than sixty (60) days after the adoption of an ordinance proposing the establishment of an SSA, while providing notice of the public hearing by mailing to the property owners who will be impacted by the SSA and by publication; and

WHEREAS, pursuant to Sections 27-40 and 27-45 of the SSA Act, before extending and levying an ad valorem property tax against properties benefitted by an SSA (the “SSA Tax”) and before incurring debt or issuing bonds for financing a special service project in an SSA, the City is also required to hold a public hearing not less than sixty (60) days after the adoption of an ordinance proposing the establishment of an SSA, while providing notice of the public hearing by mailing to the property owners who will be impacted by the SSA and by publication; and

WHEREAS, the property owners requesting the SSA for the Project own the properties that will comprise the SSA, as such properties are described in Exhibit B, attached hereto and incorporated by reference (the “Properties”), and the Corporate Authorities hereby find that the Properties form a compact and contiguous area within the corporate limits of the City that will be benefitted by the Project and therefore qualify for designation as an SSA under the SSA Act; and

WHEREAS, the Corporate Authorities further find that the Project qualifies as a special service project under the SSA Act that can be financed as provided by the SSA Act; and

WHEREAS, the Corporate Authorities further determine that the revenue from the SSA Tax levied against the Properties shall be used solely for the Project special services and to pay toward any indebtedness undertaken by the City for financing the Project special services; and

WHEREAS, after holding the Public Hearing, the Corporate Authorities can approve the creation of the proposed SSA for the Project, while also approving the levy of the SSA Tax on the Properties and debt to finance the completion of the Project as provided in the SSA Act; and

WHEREAS, upon the creation of the proposed SSA for the Project, the SSA shall be designated Special Service Area 2019A (“SSA 2019A”); and

WHEREAS, the Corporate Authorities hereby further find that it is in the best interests of the City to establish SSA 2019A for the public interest and benefit of the Properties;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. Incorporation of Preambles. The Corporate Authorities hereby find that all of the Recitals contained in the Preambles to this Ordinance are full, true, and correct and do incorporate them into this Ordinance by this reference.

Section 2. Public Hearing. A public hearing shall be held by the Corporate Authorities at 6:00 p.m. on November 19, 2019, at East Peoria City Hall, 401 W. Washington Street, East Peoria, Illinois, to consider the creation of SSA 2019A in the territory comprised of the Properties, the undertaking of the Project special services, the levy of property taxes in SSA 2019A, the City incurring debt or issuing bonds to finance the Project for SSA 2019A, and such matters are further described in the Notice (the “Public Hearing”).

Section 3. Notice of Public Hearing. The notice of Public Hearing shall be in substantially the form set forth in Exhibit C and given by mailing and publication as provided herein (the “Notice”). The Notice shall be given by publication in a newspaper in general circulation in the City at least fifteen (15) days prior to the date of the Public Hearing. The Notice shall also be given by United States mail to the person or persons in whose name the general property taxes were paid in the last preceding year on the Properties.

Section 4. Rate of SSA. The proposed SSA Tax to be levied on the Properties shall be in addition to all other taxes and shall be levied upon the equalized assessed value of the Properties in an amount not to exceed an annual rate of one and one-half percent (1.50%, or $1.50 per $100.00) of equalized assessed valuation of the Properties for a period of no longer than ten (10) years.

Section 5. Nature of the SSA Tax. The revenues from the proposed SSA Tax will be used to fund the Project special services as provided under the SSA Act, primarily including the repair and improvement of Access Road 6 and adjacent storm water drainage areas and sewers along Access Road 6, at a total cost estimated to not exceed $400,000, and shall be used to pay any indebtedness incurred by the City to finance the construction of the Project for a period of no longer than ten (10) years.

Section 6. Superseder; Effective Date. All ordinances, resolutions, motions or orders in conflict with the provisions of the Ordinance are, to the extent of such conflict, hereby repealed. This Ordinance shall become effective upon its adoption.

Section 7. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance.

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS ______DAY OF ______, 2019.

APPROVED:

______Mayor ATTEST:

______City Clerk

EXAMINED AND APPROVED:

______Corporation Counsel

EXHIBIT A

MAP OF SPECIAL SERVICE AREA AND PROJECT

EXHIBIT B

LEGAL DESCRIPTION OF PROPERTIES IN SSA 2019A

Property 1:

PIN 01-01-14-301-010 Street Address: 3700 N. Main Street, East Peoria, Illinois

Legal Description: A part of the South Half of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, more particularly described as follows: Commencing at the center of said Section 14; thence North 89°-28’-00” East along the North line of the Southeast Quarter of said Section 14, 20.39 feet to the point of intersection of said North line with the Easterly right-of-way line of S.B.I. Route 116; thence South 24°-03’-45” West along the Easterly right-of-way line of S.B.I. Route 116, 867.81 feet to the Point of Beginning of the tract to be described; thence South 65°-56’-15” East, 410.38 feet; thence South 69°-03’-45” West, 296.98 feet; thence North 65°-56’-15” West, 120.00 feet to the Easterly right-of-way line of said S.B.I. Route 116 (the following 3 courses are along said Easterly right-of-way line); thence North 24°-03’-45” East, 10.00 feet; thence North 04°- 07’-31” West, 170.18 feet; thence North 24°-03’-45” East, 50.00 feet to the Point of Beginning; situate, lying and being in the County of Tazewell and State of Illinois.

Property 2:

PIN 01-01-14-400-011 Street Address: 3800 N. Main Street, East Peoria, Illinois

Legal Description: A part of the South Half of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, more particularly bounded and described as follows, to-wit: Commencing at the center of said Section 14; thence North 89 degrees 28 minutes East, along the North line of the Southeast Quarter of said Section 14, 20.39 feet to a pipe marking the Place of Beginning of the tract to be described; thence continuing North 89 degrees 28 minutes East, 567.04 feet; thence South 24 degrees 03 minutes 45 seconds West, 590 feet; thence North 65 degrees 56 minutes 15 seconds West, 520 feet to the Easterly right-of-way line of S.B.I. Route 116; thence North 24 degrees 03 minutes 45 seconds East, along said Easterly right-of-way line, 360 feet to the Place of Beginning; situated in Tazewell County, Illinois.

Property 3:

PIN 01-01-14-400-014 Street Address: 3840 N. Main Street, East Peoria, Illinois

Legal Description: Lot 3 of FINAL PLAT of “DAVE LAHOOD’S INDUSTRIAL PARK REVISED”, being a Resubdivision of Lots 1 and 2 of “Dave LaHood’s Industrial Park”, as recorded in Plat Book “OO”, pages 251-252 at the Tazewell County Recorder’s office,

5 being part of the Southeast Quarter and Southwest Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, Tazewell County, Illinois, according to the plat thereof recorded July 23, 2003 as Document No. 200300026744 in Plat Book “XX”, page 80.

Property 4:

PIN 01-01-14-400-015 Street Address: 3814 N. Main Street, East Peoria, Illinois

Legal Description: Lot 4 of FINAL PLAT of “DAVE LAHOOD’S INDUSTRIAL PARK REVISED”, being a Resubdivision of Lots 1 and 2 of “Dave LaHood’s Industrial Park”, as recorded in Plat Book “OO”, pages 251-252 at the Tazewell County Recorder’s office, being part of the Southeast Quarter and Southwest Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, Tazewell County, Illinois, according to the plat thereof recorded July 23, 2003 as Document No. 200300026744 in Plat Book “XX”, page 80.

Property 5:

PIN 01-01-14-400-016 Street Address: 3850 N. Main Street, East Peoria, Illinois

Legal Description: Lot 6 of FINAL PLAT of “DAVE LAHOOD’S INDUSTRIAL PARK REVISED”, being a Resubdivision of Lots 1 and 2 of “Dave LaHood’s Industrial Park”, as recorded in Plat Book “OO”, pages 251-252 at the Tazewell County Recorder’s office, being part of the Southeast Quarter and Southwest Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, Tazewell County, Illinois, according to the plat thereof recorded July 23, 2003 as Document No. 200300026744 in Plat Book “XX”, page 80.

Property 6:

PIN 01-01-14-400-017 Street Address: 3860-3880 N. Main Street, East Peoria, Illinois

Legal Description: Lot 5 of FINAL PLAT of “DAVE LAHOOD’S INDUSTRIAL PARK REVISED”, being a Resubdivision of Lots 1 and 2 of “Dave LaHood’s Industrial Park”, as recorded in Plat Book “OO”, pages 251-252 at the Tazewell County Recorder’s office, being part of the Southeast Quarter and Southwest Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, Tazewell County, Illinois, according to the plat thereof recorded July 23, 2003 as Document No. 200300026744 in Plat Book “XX”, page 80.

Property 7:

PIN 01-01-14-201-014 Street Address: 4000 N. Main Street, East Peoria, Illinois

Legal Description: LOT 74 and a part of the vacated frontage road extended in VILLENEUVE EXTENSION NO. ONE, a subdivision of part of the Northeast Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, as shown on the Final Plat thereof recorded in Plat Book “GGG”, page 143, and being more particularly described as follows:

COMMENCING at the Southeast corner of said Lot 74 as the point of beginning of the tract to be described; thence North 00 degrees 58 minutes 12 seconds West, along the East line of said Lot 74, a distance of 188.93 feet; thence North 71 degrees 08 minutes 24 seconds West, along the Northeasterly line of said Lot 74 and the extension thereof, a distance of 213.14 feet; thence in a Southwesterly direction, along a curve to the left, having a radius of 650.41 feet, for an arc distance of 220.10 feet; thence South 52 degrees 40 minutes 37 seconds West, a distance of 41.67 feet to a point on the East right of way line of the frontage road extended; thence in a Southwesterly direction, along the East right of way line of the frontage road extended, along a curve to the right, having a radius of 55.00 feet, for an arc distance of 102.41 feet; thence in a Southwesterly direction, along the East right of way line of the frontage road extended, along a curve to the left, having a radius of 35.00 feet, for an arc distance of 41.42 feet; thence South 34 degrees 38 minutes 54 seconds West, along the East right of way line of the frontage road extended, a distance of 8.71 feet to a point on the Easterly right of way line of Illinois Route 116; thence South 23 degrees 39 minutes 02 seconds West, along the Easterly right of way line of Illinois Route 116, a distance of 66.97 feet to the Southwest corner of said Lot 74; thence North 89 degrees 01 minute 48 seconds East, along the South line of said Lot 74, a distance of 567.06 feet to the point of beginning, said tract being shown as “Tract 1” on the Tract Plat dated November 25, 2014, done by Zumwalt & Associates, Inc., and recorded in Plat Book LLL, page 112, as Document No. 201400019936; situated in TAZEWELL COUNTY, ILLINOIS.

Property 8:

PIN 01-01-14-201-015 Street Address: Illinois Route 116 (4000 N. Main Street), East Peoria, Illinois

Legal Description: LOT 75 and a part of the vacated frontage road extended in VILLENEUVE EXTENSION NO. ONE, a subdivision of part of the Northeast Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, as shown on the Final Plat thereof recorded in Plat Book “GGG”, page 143, and being more particularly described as follows:

COMMENCING at the Southeast corner of said Lot 75 as the point of beginning of the tract to be described; thence South 89 degrees 01 minute 48 seconds West, along the

South line of said Lot 75, a distance of 1942.72 feet to the Southeast corner of Lot 74 of said Villeneuve Extension No. One; thence North 00 degrees 58 minutes 12 seconds West, along the East line of said Lot 74, a distance of 188.93 feet; thence North 71 degrees 08 minutes 24 seconds West, along the Northeasterly line of said Lot 74 and the extension thereof, a distance of 213.14 feet; thence in a Southwesterly direction, along a curve to the left, having a radius of 650.41 feet, for an arc distance of 220.10 feet; thence South 52 degrees 40 minutes 37 seconds West, a distance of 41.67 feet to a point on the East right of way line of the frontage road extended; thence in a Northwesterly direction, along the Easterly right of way line of the frontage road extended, along a curve to the left, having a radius of 55.00 feet, for an arc distance of 59.15 feet to a point on the Southeasterly right of way line of U.S. Route 24 and the Northwesterly line of said Villeneuve Extension No. One; thence North 53 degrees 49 minutes 01 second East, along the Southeasterly right of way of U.S. Route 24 and the Northwesterly line of said Villeneuve Extension No. One, a distance of 284.35 feet; thence North 82 degrees 40 minutes 05 seconds East, along the Southeasterly right of way line of U.S. Route 24 and the Northwesterly line of said Villeneuve Extension No. One, a distance of 364.68 feet; thence North 63 degrees 13 minutes 05 seconds East, along the Southeasterly right of way line of U.S. Route 24 and the Northwesterly line of said Villeneuve Extension No. One, a distance of 1029.36 feet to the most Northerly corner of said Lot 75; thence South 42 degrees 02 minutes 55 seconds East, along the Easterly line of said Lot 75, a distance of 470.76 feet; thence South 81 degrees 34 minutes 26 seconds East, along the Northeasterly line of said Lot 75, a distance of 755.00 feet; thence South 08 degrees 27 minutes 44 seconds West, along the Easterly line of said Lot 75, a distance of 285.00 feet to the point of beginning, said tract being shown as “Tract 2” on the Tract Plat dated November 25, 2014, done by Zumwalt & Associates, Inc., and recorded in Plat Book LLL, page 112, as Document No. 201400019936, situated in TAZEWELL COUNTY, ILLINOIS.

EXHIBIT C

NOTICE OF PUBLIC HEARING

CITY OF EAST PEORIA

PROPOSED SPECIAL SERVICE AREA FOR ACCESS ROAD 6 IMPROVEMENT PROJECT

Notice is hereby given that the Mayor and City Council of the City of East Peoria (the “City”) will conduct a public hearing on November 19, 2019, at 6:00 P.M., in the conference room in the Civic Complex adjacent to City Hall, 401 W. Washington Street, East Peoria, Illinois (the “Hearing”), to consider the establishment of a proposed special service area and special service project (designated “Special Service Area 2019A”) in the City of East Peoria consisting to the following described property (the SSA Territory):

Legal Description for SSA Territory:

A part of the South Half of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, more particularly described as follows: Commencing at the center of said Section 14; thence North 89°-28’-00” East along the North line of the Southeast Quarter of said Section 14, 20.39 feet to the point of intersection of said North line with the Easterly right-of-way line of S.B.I. Route 116; thence South 24°-03’-45” West along the Easterly right-of-way line of S.B.I. Route 116, 867.81 feet to the Point of Beginning of the tract to be described; thence South 65°-56’-15” East, 410.38 feet; thence South 69°- 03’-45” West, 296.98 feet; thence North 65°-56’-15” West, 120.00 feet to the Easterly right-of-way line of said S.B.I. Route 116 (the following 3 courses are along said Easterly right-of-way line); thence North 24°-03’-45” East, 10.00 feet; thence North 04°-07’-31” West, 170.18 feet; thence North 24°-03’-45” East, 50.00 feet to the Point of Beginning; situate, lying and being in the County of Tazewell and State of Illinois;

AND;

A part of the South Half of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, more particularly bounded and described as follows, to-wit: Commencing at the center of said Section 14; thence North 89 degrees 28 minutes East, along the North line of the Southeast Quarter of said Section 14, 20.39 feet to a pipe marking the Place of Beginning of the tract to be described; thence continuing North 89 degrees 28 minutes East, 567.04 feet; thence South 24 degrees 03 minutes 45 seconds West, 590 feet; thence North 65 degrees 56 minutes 15 seconds West, 520 feet to the Easterly right-of-way line of S.B.I. Route 116; thence North 24 degrees 03 minutes 45 seconds East, along said Easterly right-of-way line, 360 feet to the Place of Beginning; situated in Tazewell County, Illinois;

AND;

Lots 3, 4, 5, and 6 of FINAL PLAT of “DAVE LAHOOD’S INDUSTRIAL PARK REVISED”, being a Resubdivision of Lots 1 and 2 of “Dave LaHood’s Industrial Park”, as recorded in Plat Book “OO”, pages 251-252 at the Tazewell County Recorder’s office, being part of the Southeast Quarter and Southwest Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, Tazewell County, Illinois, according to the plat thereof recorded July 23, 2003 as Document No. 200300026744 in Plat Book “XX”, page 80;

AND;

LOT 74 and a part of the vacated frontage road extended in VILLENEUVE EXTENSION NO. ONE, a subdivision of part of the Northeast Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, as shown on the Final Plat thereof recorded in Plat Book “GGG”, page 143, and being more particularly described as follows: COMMENCING at the Southeast corner of said Lot 74 as the point of beginning of the tract to be described; thence North 00 degrees 58 minutes 12 seconds West, along the East line of said Lot 74, a distance of 188.93 feet; thence North 71 degrees 08 minutes 24 seconds West, along the Northeasterly line of said Lot 74 and the extension thereof, a distance of 213.14 feet; thence in a Southwesterly direction, along a curve to the left, having a radius of 650.41 feet, for an arc distance of 220.10 feet; thence South 52 degrees 40 minutes 37 seconds West, a distance of 41.67 feet to a point on the East right of way line of the frontage road extended; thence in a Southwesterly direction, along the East right of way line of the frontage road extended, along a curve to the right, having a radius of 55.00 feet, for an arc distance of 102.41 feet; thence in a Southwesterly direction, along the East right of way line of the frontage road extended, along a curve to the left, having a radius of 35.00 feet, for an arc distance of 41.42 feet; thence South 34 degrees 38 minutes 54 seconds West, along the East right of way line of the frontage road extended, a distance of 8.71 feet to a point on the Easterly right of way line of Illinois Route 116; thence South 23 degrees 39 minutes 02 seconds West, along the Easterly right of way line of Illinois Route 116, a distance of 66.97 feet to the Southwest corner of said Lot 74; thence North 89 degrees 01 minute 48 seconds East, along the South line of said Lot 74, a distance of 567.06 feet to the point of beginning, said tract being shown as “Tract 1” on the Tract Plat dated November 25, 2014, done by Zumwalt & Associates, Inc., and recorded in Plat Book LLL, page 112, as Document No. 201400019936; situated in TAZEWELL COUNTY, ILLINOIS;

AND;

LOT 75 and a part of the vacated frontage road extended in VILLENEUVE EXTENSION NO. ONE, a subdivision of part of the Northeast Quarter of Section 14, Township 26 North, Range 4 West of the Third Principal Meridian, as shown on the Final Plat thereof recorded in Plat Book “GGG”, page 143, and being more particularly described as follows: COMMENCING at the Southeast corner of said Lot 75 as the point of beginning of the tract to be described; thence South 89 degrees 01 minute 48 seconds West, along the South line of said Lot 75, a distance of 1942.72 feet to the Southeast corner of Lot 74 of said Villeneuve Extension No. One; thence North 00 degrees 58 minutes 12 seconds

West, along the East line of said Lot 74, a distance of 188.93 feet; thence North 71 degrees 08 minutes 24 seconds West, along the Northeasterly line of said Lot 74 and the extension thereof, a distance of 213.14 feet; thence in a Southwesterly direction, along a curve to the left, having a radius of 650.41 feet, for an arc distance of 220.10 feet; thence South 52 degrees 40 minutes 37 seconds West, a distance of 41.67 feet to a point on the East right of way line of the frontage road extended; thence in a Northwesterly direction, along the Easterly right of way line of the frontage road extended, along a curve to the left, having a radius of 55.00 feet, for an arc distance of 59.15 feet to a point on the Southeasterly right of way line of U.S. Route 24 and the Northwesterly line of said Villeneuve Extension No. One; thence North 53 degrees 49 minutes 01 second East, along the Southeasterly right of way of U.S. Route 24 and the Northwesterly line of said Villeneuve Extension No. One, a distance of 284.35 feet; thence North 82 degrees 40 minutes 05 seconds East, along the Southeasterly right of way line of U.S. Route 24 and the Northwesterly line of said Villeneuve Extension No. One, a distance of 364.68 feet; thence North 63 degrees 13 minutes 05 seconds East, along the Southeasterly right of way line of U.S. Route 24 and the Northwesterly line of said Villeneuve Extension No. One, a distance of 1029.36 feet to the most Northerly corner of said Lot 75; thence South 42 degrees 02 minutes 55 seconds East, along the Easterly line of said Lot 75, a distance of 470.76 feet; thence South 81 degrees 34 minutes 26 seconds East, along the Northeasterly line of said Lot 75, a distance of 755.00 feet; thence South 08 degrees 27 minutes 44 seconds West, along the Easterly line of said Lot 75, a distance of 285.00 feet to the point of beginning, said tract being shown as “Tract 2” on the Tract Plat dated November 25, 2014, done by Zumwalt & Associates, Inc., and recorded in Plat Book LLL, page 112, as Document No. 201400019936, situated in TAZEWELL COUNTY, ILLINOIS.

Street Addresses and Property Index Numbers (PIN) of Property in SSA Territory:

01-01-14-301-010; 3700 N. Main Street, East Peoria, Illinois 01-01-14-400-011; 3800 N. Main Street, East Peoria, Illinois 01-01-14-400-014; 3840 N. Main Street, East Peoria, Illinois 01-01-14-400-015; 3814 N. Main Street, East Peoria, Illinois 01-01-14-400-016; 3850 N. Main Street, East Peoria, Illinois 01-01-14-400-017; 3860-3880 N. Main Street, East Peoria, Illinois 01-01-14-201-014; 4000 N. Main Street, East Peoria, Illinois 01-01-14-201-015; Illinois Route 116 (4000 N. Main Street), East Peoria, Illinois

An accurate map of the SSA Territory for Special Service Area 2019A is on file in the office of the East Peoria City Clerk and is available for public inspection.

The purpose of the proposed Special Service Area 2019A is to provide for the cost of the special services that comprise the repair and improvement of Access Road 6 and the adjacent storm water drainage areas and sewers along Access Road 6, which may also include the following costs: project contingency, engineering costs, capitalized interest, and costs for establishing SSA and issuing debt; with such total cost of special services estimated not to exceed $400,000.

At the Hearing, the City will be considering the levy of an annual property tax against the SSA Territory for providing these special services in Special Service Area 2019A in an amount not to exceed one and one half percent (1.5%) of the equalized assessed value of all taxable property in the SSA Territory for a period of ten (10) years and shall be in addition to all other taxes permitted by law. At the Hearing, the City will also be considering whether to issue bonds or incur other indebtedness as allowed under the SSA Act or other Illinois law for financing the special service project for Special Service Area 2019A over a period of ten (10) years.

At the Hearing, persons affected by Special Service Area 2019A and the levy of said tax, including all owners of real estate located in the SSA Territory, will be given an opportunity to be heard regarding the establishment of Special Service Area 2019A, the levy of said tax, and the financing of the special services project, as well as the opportunity to file objections to the establishment of Special Service Area 2019A, the levy of said tax and the amount of said tax, and financing of the special services project.

At the Hearing, any other interested persons in the proposed creation of Special Service Area 2019A, levy of said tax, and financing of the special services project will also be given an opportunity to be heard regarding the establishment of Special Service Area 2019A, the levy of said tax and the amount of said tax, and the financing of the special services project. The Mayor and City Council shall hear and determine all protests and objections during the Hearing, and the Hearing may be adjourned to another date and time without further notice other than a motion entered upon the minutes of the Hearing fixing the date, time, and place of the adjournment.

If a petition signed by at least 51% of the electors residing within SSA Territory for Special Service Area 2019A and by at least 51% of the owners of record of land included in within the boundaries of the SSA Territory for Special Service Area 2019A is filed with the City Clerk for the City of East Peoria within sixty (60) days following the final adjournment of the Hearing objecting the creation of the Special Service Area 2019A, the levy or imposition of a property tax for the provision of special services in Special Service Area 2019A, or the issuance of bonds or incurring other indebtedness as allowed under the SSA Act or other Illinois law for financing the special service project for Special Service Area 2019A, no such Special Service Area may be created, or property tax imposed.

By order of the Mayor and City Council of the City of East Peoria, Tazewell County, Illinois. Dated this _____ day of ______, 2019.

______Morgan Cadwalader, City Clerk City of East Peoria, Illinois

Resolution No. 1920-060

TO: The Honorable Mayor and City Council

FROM: Ty Livingston, Director of Planning & Community Development

DATE: September 11, 2019

SUBJECT: Proposal to provide professional engineering services for the Camp & River intersection improvements.

BACKGROUND: After receiving approval from the Peoria-Pekin Urbanized Area Transportation Study Policy and Technical Committees (PPUATS), the City is now ready to have Midwest Engineering rework the official design of this intersection. The change here, from a round-a-bout to a traditional signalized intersection, is consistent with the direction provided by the City Council. In addition, it is approximately one-third of the cost of the initial design. This new design will feature a dedicated right turn lane from River onto Camp, a double-left turn lane from Camp onto River, maintain existing pedestrian crossings, and is planned to restore the left turn lane from River onto Conference Center. With respect to the latter, the term “planned” is used as this has been proposed to IDOT and so far, it has been met with their support. The work to be done by Midwest Engineering here will provide us with a definitive answer on this matter.

The services here represent a reworking of the plan required by IDOT and the FHWA. This new intersection is significantly different from the round-a-bout, so while the proposal mentions revising in a number of locations, there’s a good amount of new work to be done to receive final approval. The cost of the services here is an amount not to exceed $144,450. These services are a TIF-eligible expense.

As the goal is still have this project coincide with the Murray Baker Bridge work next year, timing is of the essence to allow Midwest Engineering to commence this work immediately to be able to receive all approvals needed and acquire the remaining r-o-w for construction to begin in the summer of 2020 shortly after the 4th of July.

RECOMMENDATION: Approval of the proposed agreement, as presented. RESOLUTION NO. 1920-060

East Peoria, Illinois , 2019

RESOLUTION BY COMMISSIONER ______

RESOLUTION TO APPROVE CONTRACT FOR ENGINEERING SERVICES WITH MIDWEST ENGINEERING ASSOCIATES FOR CAMP STREET / RIVER ROAD SIGNALIZED INTERSECTION IMPROVEMENTS

WHEREAS, City Officials and the City Council have identified the improvement of the traffic flow through the Camp Street / River Road intersection as a priority in the immediate future for street improvements for the City; and

WHEREAS, City Officials have determined that revising the initial intersection design to an improved signalized intersection design is in the best interests of the City and will reduce the overall cost of the project; and

WHEREAS, the prior design and scope of the intersection improvement for the Camp Street / River Road intersection had received approval from Peoria-Pekin Urbanized Area Transportation Study Policy and Technical Committees (PPUATS), with the City being placed in PPUATS grant program for this project; and

WHEREAS, City Officials have now received approval from PPUATS for revising the design and scope of this intersection improvement to an improved signalized intersection at the Camp Street / River Road intersection; and

WHEREAS, due to the need for the engineering services related to design of the proposed revised intersection improvement to the Camp Street / River Road intersection, the City has negotiated an agreement with MEA (Midwest Engineering Associates) for providing these design engineering services for a fee not to exceed $144,450 under the terms and conditions set forth in the contract attached hereto as “Exhibit A” (the “Contract”); and

WHEREAS, the City hereby finds that this Contract with MEA for these necessary engineering services for the improvement of this intersection in the Camp Street corridor and in the Camp Street TIF to be in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. The above recitations are found to be true and correct.

Section 2. The Mayor or his designee is hereby authorized and directed to execute this Contract with MEA (Exhibit A) on behalf of the City for the design engineering services for the Camp Street / River Road intersection improvement project, together with such changes therein as the Mayor in his discretion deems appropriate, at a total cost of $144,450 for the Contract; provided, however, that the City shall have no obligation under the Contract with MEA until such time as an executed original of such documentation has been delivered to MEA.

APPROVED:

______Mayor

ATTEST:

______City Clerk

2 Exhibit A

September 10th, 2019

Mr. Ty Livingston Director of Planning and Community Development City of East Peoria 401 West Washington Street East Peoria, IL 61611

RE: Proposal to provide Professional Engineering Services for the Camp Street and River Road Signalized Intersection Improvements

Dear Mr. Barron:

Midwest Engineering Associates, Inc. is pleased to have the opportunity to continue to assist the City of East Peoria by providing professional engineering services for proposed improvements to the Camp Street and River Road intersection. This proposal presents the engineering services Midwest Engineering Associates, Inc. will provide for the proposed intersection improvements at the existing Camp Street and River Road signalized intersection.

SCOPE OF SERVICES

 Project Development Report Addendum (Refer to Exhibit A)  Land Acquisition (Refer to Exhibit B)  Phase II Design Engineering (Refer to Exhibit C)

Refer to attached Exhibit D for the proposed conceptual improvements to the intersection along with the project’s limits.

ADDITIONAL SERVICES

 Refer to Exhibits A, B, & C respectively.

SCHEDULE

Midwest Engineering Associates can start work immediately upon receipt of an executed copy of this agreement, or written notice to proceed, or e-mail referring to this proposal with instructions to proceed.

FEES

Midwest Engineering Associates, Inc. proposes to perform the Scope of Services on a time and materials basis using a 2.80 direct labor multiplier.

Scope of Service Fee 1. Project Development Report Addendum $ 48,400 2. PESA1 $ 5,000

140 E. Washington Street ● East Peoria, IL 61611 ● 309.222.8600 tel ● 309.698.3055 fax

EXHIBIT A – Project Development Report Addendum Scope of Services

 Revise the Local Project Development Report for Group II Categorical Exclusions to reflect the signal improvements as the preferred option. The existing local Project Development Report may be revised to include the following: o Revised Intersection Design Study . Highway Capacity Software Analysis of the Camp St. Intersection (Construction Year and 20 Year Projection) . Synchro Analysis of the Camp St. / River Rd. and Washington St. / River Rd. signalized intersections (Construction Year and 20 Year Projection) . Truck Turning Templates (WB-65) . Evaluation for allowing the left-turn at Embassy Suites . Inclusion of new sidewalk and pedestrian crossing(s). o Revised Right of Way Needs Assessment o Revised Construction Phasing and Sequencing o Revised Utility Conflicts o Public Informational Meeting – Open House o Review / Revise Crash Analysis  Updated Preliminary Environmental Site Assessment (PESA)  Revised Preliminary Estimate of Time  Revised preliminary Construction Schedule  Revised Preliminary Opinion of Probable Construction Costs  Prepares Right of Way and Easement Plats (upon approval of the revised local Project Development Report)  Meetings o Coordination with IDOT – up to 3 meetings o Coordination with the City o Coordination with Affected Businesses – up to 10 meetings with individual businesses o Illinois Department of Transportation Bi-Monthly Meetings – 1 meeting  QA/QC

Additional Services

Additional services that are not included in the proposed Scope of Work may include (but are not limited to):

 Preliminary Soil Investigation (PSI) – May be required if the underground work is significantly different than what was required for the proposed roundabout intersection project,  Environmental Impact Statement, Environmental Assessment, Feasibility Study, a non-Group II Categorical Exclusion Project Development Report, Environmental Mitigation Plan,  Attending additional meetings beyond those identified in this Exhibit’s scope of services,  Geotechnical Services, and  Phase I (Study) Engineering Services beyond the project limits identified in attached Exhibit D.

Any additional services can be performed as needed with a scope, fee, and schedule to be identified and agreed upon by Midwest Engineering Associates and the Owner at a later time.

S:\Engineering\Projects\East Peoria\20100024 (EP Misc Eng Services)\RiverRoad\Proposal ‐ Signals&PDR\EXHIBIT A.docx

EXHIBIT B – Land Acquisition Scope of Services

Since the project includes Federal Funds, land acquisition needs to follow Federal procedures. The appraisals need to be performed by an IDOT approved appraiser and each appraisal also needs to be reviewed by an IDOT approved appraiser. Midwest Engineering Associates (MWEA) anticipates using DECA Properties and Neff Valuation to complete the appraisals. (Midwest Engineering Associates recently used the same two appraisers to complete the land acquisition for over 40 parcels for a nearby local agency as a part of their streetscaping project). The appraiser’s effort will not be marked up by MWEA.

MWEA will meet with the property owners to negotiate the acquisition of the right-of-way parcels and temporary easements along with preparing and submitting the required documentation in accordance with IDOT’s / FHWA’s meticulous land acquisition polices.

The land acquisition scope of services is based on needing Temporary Easements and Right-of-Way at the following locations:

 The Huck’s quadrant includes two (2) right-of-way parcels and one (1) temporary easement parcel.  The Qdoba quadrant includes one (1) right-of-way parcel and one (1) temporary easement parcel.

The Embassy Suites quadrant is owned by the City and there are documents that need to be completed by Embassy Suites. MWEA will provide said documents to the City for Embassy Suites to execute.

The right-of-way and temporary easements needed from the Sprint/Sherman Williams quadrant were acquired when the building was purchased a few years ago. It is presumed that no additional easements or right-of-way will be required.

Additional Services

Any additional services can be performed as needed with a scope, fee, and schedule to be identified and agreed upon by Midwest Engineering Associates and the City of East Peoria at a later time.

S:\Engineering\Projects\East Peoria\20100024 (EP Misc Eng Services)\RiverRoad\Proposal ‐ Signals&PDR\EXHIBIT B.docx

EXHIBIT C – Phase II Design Engineering Scope of Services

 Prepare NPDES Permit & SWPPP  Prepare Quantity Calculations / Quantity Book  Plan-In Hand Field Review  Meetings o Coordination with the City o Coordination with IDOT – up to 3 meetings o Coordination with Affected Businesses – up to 10 meetings with individual businesses  Preparation of Plans, Specifications, and Estimates that may include but may not be limited to: o Cover Sheet o Index, Commitments, General Notes o Summary of Quantities o Schedule of Quantities o Alignment, Ties, & BM’s o Typical Section(s) – Existing and Proposed o Construction Sequencing/Maintenance of Traffic o Plan and Profile o Removal o Pavement Marking / Signage o Pavement Jointing o Drainage & Erosion Control o Signal Plans o Right-of-Way o Project Specific Details o Cross Sections o Highway Standards o Special Provisions o Opinion of Probably Construction Cost & Estimate of Time  QA/QC

Additional Services Additional services that are not included in the proposed Scope of Work may include (but are not limited to):

 Environmental Mitigation Plan,  Attending additional meetings beyond those identified in this Exhibit’s scope of services,  Preparing multiple sets of bid documents.  Preparing plans to include alternates,  Revisions to the scope of services based on the results of an updated Preliminary Environmental Site Assessment (PESA) and/or new Preliminary Site Investigation (PSI),  Lighting,  Geotechnical Services, and  Phase II (Design) Engineering Services beyond the project limits identified in attached Exhibit D.

Any additional services can be performed as needed with a scope, fee, and schedule to be identified and agreed upon by Midwest Engineering Associates and the Owner at a later time.

S:\Engineering\Projects\East Peoria\20100024 (EP Misc Eng Services)\RiverRoad\Proposal ‐ Signals&PDR\EXHIBIT C.docx

LEFT TURN PROHIBITED TURN LEFT

EX. R.O.W EX.

PROJECT LIMITS PROJECT

REQUIRED

PAVEMENT WIDENING EX. R.O.W EX.

EX. R.O.W EX. R.O.W

EX. R.O.W

PAVEMENT REQUIRED

WIDENING

REQUIRED

PAVEMENT

WIDENING

REMOVED AND REPLACED AND REMOVED EXISTING MAST ARM TO BE TO ARM MAST EXISTING

EX. R.O.W EX.

NEW TRAFFIC SIGNAL EQUIPMENT SIGNAL TRAFFIC NEW POSSIBLE PAVEMENT PATCHING PAVEMENT POSSIBLE Drawn : Checked: Approved: 184-005896 140 E. Washington Street IL Design Firm Reg. No. East Peoria, Illinois 61611 309.222.8600 www.mweainc.com Midwest M

CAMP STREET AND RIVER ROAD Associates, EXHIBIT D 20150176 Engineering

INTERSECTION W CITY OF EAST PEORIA

PAVEMENT WIDENING AND Inc. NEW TRAFFIC SIGNAL EQUIPMENT Ordinance No. 4456

MEMORANDUM

September 13, 2019

TO: Mayor John P. Kahl and Members of the City Council

FROM: City Attorney’s Office (Scott Brunton and Megan Yentes)

SUBJECT: Proposed Amendments to City Code / Adult-Use Recreational Cannabis

______

DISCUSSION:

Enclosed please find an Ordinance for consideration by the City of East Peoria amending:

(1) Title 9, Chapter 7, Section 22 regarding Nuisances (2) Title 10, Chapter 1, Section 4.17 regarding Possession of Cannabis (3) Title 11, Chapter 13, Section 1 regarding Impoundment of Motor Vehicles

These proposed amendments seek to accommodate the new laws regarding adult use of recreational cannabis. The Cannabis Regulation and Tax Act (“the Act”), which takes effect on January 1, 2020, provides that it is no longer a violation of statute or ordinance for persons twenty-one (21) years of age and older for possession of cannabis in accordance with the Act. While the Ordinance allows possession of cannabis in accordance with the Act, individuals are still prohibited from using cannabis in the City, as the Act prohibits use in any public place. It remains prohibited to possess cannabis in a vehicle unless it is in a sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving.

The proposed amendment to Section 10-1-4.17 will bring the City’s possession ordinance into compliance with the provisions of this Act. Drug paraphernalia, as defined by the ordinance and the “Drug Paraphernalia Control Act”, includes equipment, products, and materials intended to be used unlawfully “in violation of the Cannabis Control Act.” The “Cannabis Control Act” exempts persons 21 years of age and older from prosecution if they possess and use cannabis in accordance with the new law. Thus, the City may not issue ordinance violations for possession of drug paraphernalia, provided that the individual possesses the lawful amount of cannabis, and is not using cannabis in violation of the Act. The City may continue to issue ordinance violations for persons under 21 years of age possessing cannabis or drug paraphernalia used for the consumption of cannabis.

Further, only drug paraphernalia possessed in connection with lawful possession of cannabis is permissible. The proposed Ordinance provides that drug paraphernalia possessed in violation of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act remains unlawful. In other words, not all drug paraphernalia is lawful. The ordinance also includes a “catch-all” provision that makes it unlawful for any person to possess drug paraphernalia that the person knows or “reasonably should know” that such possession would be in violation of the Drug Paraphernalia Control Act.

The proposed revisions to Section 11-13-1 will also bring the City’s impoundment procedure and administrative fee collection procedures into compliance with the provisions of this Act. Under the Act, no vehicle may be subject to forfeiture for the lawful possession of cannabis under the Act. This means that vehicles may not be towed and impounded if a person is in compliance with the possession limits under the Act.

Additionally, the Ordinance adds three offenses for which collection of towing and impound fees are permissible in accordance with the Vehicle Code (625 ILCS 5/11-208.7(b)), namely: (1) operating or using a motor vehicle in violation of Section 11-503 (reckless driving) while the vehicle is part of or interferes with a funeral procession; (2) operating or using a motor vehicle while soliciting, possessing, or attempting to solicit and possess a controlled substance; and (3) for soliciting, possessing, or attempting to solicit and possess cannabis “in violation of the Cannabis Control Act.” This third provision was included because, as noted above, where a person possesses, uses, or transports cannabis that exceeds the possession limit under the Act, the Cannabis Control Act applies.

Lastly, the Ordinance removes two violations for which towing and impound fees were collected: (1) Fleeing and Eluding, and (2) Leaving the Scene of an Accident. Under provisions of the Vehicle Code (625 ILCS 5/11—208.7(b)), these are not offenses that allow the City to impose these fees.

RECOMMENDATION:

We recommend the approval of this Ordinance.

ORDINANCE NO. 4456

AN ORDINANCE AMENDING TITLE 9, TITLE 10, AND TITLE 11 OF THE EAST PEORIA CITY CODE TO ACCOMMODATE THE ADULT USE OF RECREATIONAL CANNABIS PURSUANT TO STATE LAW

WHEREAS, the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) (the “Act”), which takes effect on January 1, 2020, permits the lawful possession and use of recreational cannabis for persons 21 years of age and older; and

WHEREAS, the Act provides immunity from arrest, prosecution, or civil penalty for persons 21 years of age or older lawfully possessing and using cannabis in accordance with the Act; and

WHEREAS, the City of East Peoria finds that the provisions of the East Peoria City Code should be amended as provided herein to allow the lawful possession and use of cannabis in accordance with the Act; and

WHEREAS, the City of East Peoria further finds that it is in the interests of the City and for health, safety, and welfare of its citizens to revise the East Peoria City Code as provided herein to not allow the possession and use of cannabis that is not otherwise in accordance with the Act; and

WHEREAS, the City of East Peoria also seeks to update the towing and impound fees provision of the City Code to comply with the current state of the law as to which criminal offenses allow for the collection of these towing and impound fees;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. Title 9, Chapter 7, Section 22(c) of the East Peoria City Code is hereby amended to read as follows (additions are indicated by underline; deletions by strikeout.):

9-7-22. Nuisance Property

(1) Nuisance property. Nuisance property shall be property upon which three or more of the offenses listed below have occurred during any 365-day period, as a result of any three or more separate and distinct events.

a. Criminal Housing Management as defined in 720 ILCS 5/12-5.1 or a similar city ordinance;

b. Mob action as defined in 720 ILCS 5/25-1 or a similar city ordinance;

c. Possession, manufacture or delivery of controlled substances as defined in 720 ILCS 570/100 et seq. or a similar city ordinance;

d. Possession, cultivation, manufacture or delivery of cannabis as defined in 720 ILCS 550/1 et seq. or a similar city ordinance, except as authorized by the Cannabis Regulation and Tax Act (410 ILCS 705/1 et. seq.);.

e. Sale, delivery or possession of drug paraphernalia, as defined in 720 ILCS 600/1 et seq. or a similar city ordinance, except as authorized by the Cannabis Regulation and Tax Act (410 ILCS 705/1 et. seq.);

f. Disorderly conduct as defined in 720 ILCS 5/26-1 or a similar city ordinance;

g. Assault or battery or any related offense as defined in 720 ILCS 5/12-1 et seq. or a similar city ordinance;

h. Any of the sex offenses as defined in 720 ILCS 5/11-6 et seq. or a similar city ordinance;

i. Any violation under the Liquor Control Act of 1934 as defined in 235 ILCS 5/1-1 et seq. or a similar city ordinance; or

j. Any violation of Chapters 5, 6 and 7 of Title 9 or Chapters 1 or 2 of Title 10 of the Code of the City of East Peoria;

(2) Owner. Any person, partnership, land trust, or corporation having any legal or equitable interest in the property. Owner includes, without limitation, (1) an occupant or person who can control what occurs on the property or (2) any person acting as an agent of an owner.

Section 2. Title 10, Chapter 1, Section 4.17 of the East Peoria City Code is hereby amended to read as follows (additions are indicated by underline; deletions by strikeout.):

10-1-4.17 Possession, sale and delivery of cannabis, look-alike substances, synthetic alternative drugs and drug paraphernalia prohibited.

(a) Definitions:

Cannabis. Includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivatives, mixture or preparation of such plant, its seeds or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

Controlled Substance. Includes any controlled substance or controlled substance analog as defined in Section 102 of the Illinois Controlled Substances Act (720 ILCS 570/102), as amended from time to time.

Deliver or delivery. The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.

Drug Paraphernalia. Includes all equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the “Methamphetamine Control and Community Protection Act” (720 ILCS 646/10), which are (i) possessed or intended for use, (ii) being or have been used, or (iii) peculiar to and marketed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body look-alike substances, synthetic alternative drugs, cannabis or a controlled substance in violation of this ordinance, the "Cannabis Control Act" (720 ILCS 550/1 et seq.), the "Illinois Controlled Substances Act" (720 ILCS 570/100 et seq.), or the “Methamphetamine Control and Community Protection Act” (720 ILCS 646/1 et seq.). This includes, but is not limited to, the following:

(1) Kits that are (i) possessed or intended for use, (ii) being used or have been used, or (iii) peculiar to and marketed for use, in manufacturing, compounding, converting, producing, processing or preparing cannabis, controlled substances, look-alike substances, or synthetic alternative drugs;

(2) Isomerization devices that are (i) possessed or intended for use, (ii) being used or have been used, or (iii) peculiar to and marketed for use, to increase the potency of any species of plant which is cannabis or a controlled substances, look-alike substances, or synthetic alternative drugs;

(3) Testing equipment that is (i) possessed or intended for use, (ii) being or has been used, or (iii) peculiar to and marketed, for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances, look-alike substances, or synthetic alternative drugs;

(4) Diluents and adulterants that are (i) possessed or intended for use, (ii) being used or have been used, or (iii) peculiar to and marketed, for cutting cannabis, controlled substance, look- alike substances, or synthetic alternative drugs by private persons:

(5) Objects that are (i) possessed or intended for use, (ii) being used or have been used, or (iii) peculiar to and marketed for use, in injecting, ingesting, inhaling, or otherwise introducing look-alike substances, cannabis, cocaine, hashish, hashish oil, or any controlled substance, look-alike substances, or synthetic alternative drugs into the human body including, where applicable, the following items:

a. water pipes;

b. carburetion tubes and devices;

c. smoking and carburetion masks;

d. miniature cocaine spoons and cocaine vials;

e. carburetor pipes;

f. electric pipes;

g. air-driven pipes;

h. chillums;

i. bongs;

j. ice pipes or chillers;

(6) Any items whose purpose, as announced or described by the seller, is for use in violation of this section or the “Drug Paraphernalia Control Act” (720 ILCS 600/1 et seq.).

Look-alike substance. A substance which:

(1) By overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency or any other identifying physical characteristic of the substance would lead a reasonable person to believe that the substance is cannabis, a controlled substance, or a synthetic alternative drug; or

(2) Is expressly or impliedly represented to be cannabis, a controlled substance, or a synthetic alternative drug, or distributed under circumstances which would lead a reasonable person to believe that the substance is cannabis, a controlled substance, or a synthetic alternative drug. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be cannabis or a controlled substance under this paragraph (2), the court or other authority may consider the following factors in addition to any other factor that may be relevant:

a. Statements made by the owner or person in control of the substance concerning its nature, use or effect;

b. Statements made to the buyer or recipient that the substance may be resold for profit;

c. Whether the substance is packaged in the manner normally used for the illegal distribution of controlled substances;

d. Whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.

Synthetic alternative drug. A product or substance that contains a synthetic cannabinoid, anesthetic, stimulant, or hallucinogen as those terms are defined herein, including, but not limited to products having the brand name or identifiers like or similar to those listed in Table 10-1-4.17-A, below:

(1) Synthetic cannabinoid means any laboratory created or otherwise man-made compound that functions similar to or mimics the effect of the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist.

(2) Synthetic stimulant means any laboratory-created or otherwise man-made substance that functions similar to or mimics the effects of any federally controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDMA, including, but not limited to, any such quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) which have a stimulant effect on the central nervous and/or cardiovascular system.

(3) Synthetic hallucinogen any laboratory-created or otherwise man-made substance that functions similar to or mimics the effects of any federally controlled Schedule I substance that has a psychedelic/hallucinogenic effect on the central nervous system and/or brain, or any other substance having such an effect, including, but not limited to, any such quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers).

(b) Unlawful to possess, sell or deliver. It shall be unlawful for any person to possess, keep for sale, offer for sale, sell, or deliver for any commercial consideration cannabis, a controlled substance, a look-alike substance, a synthetic alternative drug, or drug paraphernalia.

(c) Sale or delivery by store declared a nuisance. It shall be unlawful and it is hereby declared to be a nuisance for any store, place or premises

6 to keep for sale, offer for sale, sell, or deliver for any look-alike substance, synthetic alternative drug, or commercial consideration any item of drug paraphernalia.

(d) Violations:

(1) Cannabis. Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration less than two and five-tenths (2.5) grams of cannabis shall be punishable by a fine of not less than three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration at least two and five-tenths (2.5) grams but less than ten (10) grams of cannabis shall be punishable by a fine of not less than four hundred dollars ($400.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration at least ten (10) grams but less than thirty (30) grams of cannabis shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration thirty (30) grams or more of cannabis shall be punishable by a fine of seven hundred fifty dollars ($750.00).

(2) Drug Paraphernalia. Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration drug paraphernalia shall be punished by a fine of not less than three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted of a second or subsequent time for possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration drug paraphernalia shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).

(3) Look-alike substances. Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration look-alike substances shall be punished by a fine of not less than three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted a second or subsequent time

7 for possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration look-alike substances shall be punished by a fine not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).

(4) Synthetic alternative drugs. Any person convicted of commercial consideration synthetic alternative drugs shall be punished by a fine of not less than one three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted a second or subsequent time for possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration synthetic alternative drugs shall be punished by a fine not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).

(e) Exemption. A person charged with violation of this Section may assert the following exemptions as an affirmative defense:

(1) This Section does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the “Hypodermic Syringes and Needles Act”.

(2) This Section does not apply to a person or entity who is authorized to possess, keep for sale, offer for sale, sell, or deliver for any commercial consideration cannabis, a controlled substance, a look-alike substance, synthetic alternative drug, or drug paraphernalia pursuant to the “Illinois Controlled Substances Act” (720 ILCS 570/101, et seq.), the “Compassionate Use of Medical Cannabis Pilot Program Act” (410 ILCS 130/1, et seq.), the “Cannabis Regulation and Tax Act” (410 ILCS 705/1, et seq.), the “Cannabis Control Act” (720 ILCS 550/1 et seq.), or another provision of Illinois statute.

(f) Medical use of cannabis. Notwithstanding the foregoing, it shall not be unlawful for any individual who is a registered qualifying patient or a registered designated caregiver, as those terms are defined in the Compassionate Use of Medical Cannabis Pilot Program Act (“Act”) (410 ILCS 130/1 et seq.), to possess cannabis or drug paraphernalia for the purpose of engaging or assisting in the medical use of cannabis, to engage in the medical use of cannabis, or to assist a qualifying patient with the medical use of cannabis in accordance with the provisions of the Act. An individual is presumed to be acting lawfully and in compliance with this Section and the terms of the Act where such individual is in possession of

8 (i) a valid registry identification card, and (ii) no more than 2.5 ounces of cannabis (or such other amount as authorized by the Act). The following activities are also not unlawful under this Section to the extent they are in compliance with the provisions of the Act:

(1) Selling cannabis paraphernalia to a registered cardholder upon presentation of an unexpired registry identification card in the recipient’s name, if employed and registered as a dispensing agent by a registered dispensing organization;

(2) Being in the presence or vicinity of the lawful medical use of cannabis; or

(3) Assisting a registered qualifying patient with the act of administering cannabis.

Nothing in this paragraph shall be construed to permit possession or use of cannabis or paraphernalia in a manner prohibited or otherwise inconsistent with this Section or the provisions of the Act, including, but not limited to, possession of an amount of cannabis in excess of 2.5 ounces (or such other amount as authorized by the Act), or the non-medical use or unlawful sharing of cannabis. No medical cannabis cardholder may possess medical cannabis in the passenger area of any motor vehicle except in a sealed, tamper-evident medical cannabis container that is reasonably inaccessible while the vehicle is moving. The use of medical cannabis in any public place within the City of East Peoria is prohibited.

(g) Adult-Use of Cannabis. It is unlawful for any person twenty- one (21) years of age and older to possess, use, display, purchase, or transport drug paraphernalia or cannabis in violation of the Cannabis Regulation and Tax Act (720 ILCS 705/1 et seq.), the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.), the Cannabis Control Act” (720 ILCS 550/1 et seq.), and the Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.).

Notwithstanding the foregoing, it shall not be unlawful for a person who is twenty-one (21) years of age or older to possess cannabis or cannabis paraphernalia in accordance with the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.). An individual is presumed to be acting lawfully and in compliance with this Section and with the provisions of the Cannabis Regulation and Tax Act when such individual is a resident of this State and is in possession of cannabis in an amount not exceeding:

30 grams of the cannabis flower;

500 milligrams of THC contained in cannabis-infused product;

5 grams of cannabis concentrate, as those terms are defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.)

An individual is presumed to be acting lawfully and in compliance with this Section and the provisions of the Act when such individual is not a resident of this State and is in possession of cannabis in an amount not exceeding:

15 grams of the cannabis flower;

250 milligrams of THC contained in cannabis-infused product;

2.5 grams of cannabis concentrate, as those terms are defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.).

The possession limits of this subsection(g) are to be considered cumulative.

Nothing in this subsection(g) shall be construed to permit possession or use of cannabis in a manner prohibited or otherwise inconsistent with this Section or the provisions of the Cannabis Regulation and Tax Act. It shall be unlawful for any person aged twenty-one (21) years and older to possess an amount of cannabis in excess of the amounts prescribed by this Section and the Cannabis Regulation and Tax Act. No person may possess cannabis in the passenger area of any motor vehicle except in a sealed, tamper-evident cannabis container that is reasonably inaccessible while the vehicle is moving. The use of cannabis in any public place within the City of East Peoria is prohibited.

Nothing in this subsection(g) shall be construed to permit possession or use of drug paraphernalia in a manner prohibited or otherwise inconsistent with this Section, the provisions of the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), or the Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.). Notwithstanding the provisions of this section, it is unlawful to possess any drug paraphernalia item if the person in possession thereof knows or reasonably should know that it could be used in violation of this Section or the Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.).

10 TABLE 10-1-4.17-A

2010 Forest Humus K2 Pink Panties 8-Bali Freedom K2 Sex Aztec Gold Fully Loaded K2 Silver Aztec Midnight Wind Funky Monkey K2 Solid Sex on the Mountain Tezcatlipoca Back Draft Funky Monkey XXXX K2 Standard Bad 2 the Bone G Four K2 Strawberry Banana Cream Nuke G Greenies Caramel Crunch K2 Summit Bayou Blaster Genie K2 Summit Coffee Wonk Black Diamond Gold Spirit Spice K2 Thai Dream Black Magic Salvia Green Monkey Chronic Salvia K2 Ultra Black Mamba Greenies Strawberry K2 Watermelon Blueberry Hayze Heaven Improved K3 Bombay Blue Heavenscent Suave K3 Blueberry Buzz Humboldt Gold K3 Cosmic Blend C3 Jamaican Gold K3 Dusk C4 Herbal Incense Jamaican Gold K Royal K3 Grape Caneff K1 Gravity K3 Heaven Improved Cherry Bomb K1 Orbit K3 Heaven Legal Chill Out K2 K3 Kryptonite Chill X K2 (unknown variety) K3 Legal Chronic Spice K2 Amazonian Shelter K3 Legal-Earth (silver) Citrus K2 Blonde K3 Legal-Original (Black) Colorado Chronic K2 Blue K3 Legal-Sea (silver) DaBlock K2 Blueberry K3 Legal-Sun (Black) Dark Night II K2 Citron K3 Mango Demon K2 Cloud 9 K3 Original Diamond Spirit K2 Kryptonite K3 Original Improved Dragon Spice K2 Latte K3 Strawberry D-Rail K2 Mellon K3 Sun Dream K2 Mint K3 Sun Improved Earthquake K2 Orisha Black Magic Max K3 Sun Legal Eruption Spice K2 Orisha Max K3 XXX Euphoria K2 Orisha Regular K4 Bubble Bubble EX-SES K2 Orisha Super K4 Gold EX-SES Platinum K2 Orisha White Magic Super K4Purple Haze EX-SES Platinum Blueberry K2 Peach K4 Silver EX-SES Platinum Cherry K2 Pina Colada K4 Summit EX-SES Platinum Strawberry K2 Pineapple K4 Summit Remix EX-SES Platinum Vanilla K2 Pineapple Express Kind Spice Fire Bird Ultimate Strength K2 Pink Cinnamon Legal Eagle Potpourri Gold Stinger Legal Eagle Apple Pie Pulse Summer Skyy Love Potion 69 Rasta Citrus Spice Super Kush Love Strawberry Rebel Spice Super Summit Magic Dragon Platinum Red Bird Swagger Grape

11 Magic Gold Sl. S Werve SYN Chill Magic Silver Samurai Spirit SYN Incense LemonLime Magic Spice Sativah SYN Incense Smooth Mega Bomb Scope Vanilla SYN Incense Spearmint Mid-Atlantic Exemplar Scope Wildbeny SYN Lemon Lime Mid-Atlantic Exemplar (K2 Sence SYN Lemon Lime #2 Summit) Midnight Chill Shanti Spice SYN Smooth MNGB Almond/Vanilla Shanti Spice Blueberry SYN Spearmint MNGB Peppermint Silent Black SYN Spearmint #2 MNGB Pinata Colada Skunk SYN Suave MNGB Spearmint Smoke SYN Swagg MNGB Tropical Thunder Smoke Plus SYN Vanilla Moe Joe Fire Space SYN Vanilla #2 Mojo Spice Artic Synergy Texas Gold Mr. Smiley's Spice Diamond Time Warp MTh-787 Spice Gold Tribal Warrior Mystery Spice Silver Ultra Cloud 10 Naughty Nights Spice Tropical Synergy Unknown cigarette New Improved K3 Spicey Regular XXX Blueberry Utopia New Improved K3 Cosmic Blend Spicey Regular XXX Utopia-Blue Berry Strawberry New Improved K3 Dynamite Spicey Ultra Strong XXX Voo Doo Remix (black Strawberry package) New Improved K3 Kryptonite Spicey Ultra Strong XXX Voo Doo Remix ( orange Vanilla package) New K3 Earth Spicey XXX Voodoo Child New K3 Heaven Spicy Ultra Strong XXX Vanilla Voodoo Magic New K3 Improved Spicylicious Voodoo Remix New K3 Sea Improved Spike 99 Who Dat New - on Bomb Nitro Spike 99 Ultra Who Dat Herbal Incense Ocean Blue Spike 99 Ultra Blueberry Wicked X POW Spike 99 Ultra Cherry Winter Boost Wood Stock p.e.p. pourri Love Strawberry Spike 99 Ultra Strawberry XTREME Spice p.e.p. pourri Original Spearmint Spike Diamond Yucatan Fire p.e.p. pourri Twisted Vanilla Spike Gold Yucatan Fire p.e.p. pourri X Blueberry Spike M x Zombie World Paradise Spike Silver Stinger Pink Tiger Spike99 Summer Skyy Potpourri Super Kush

12 Section 3. Title 11, Chapter 13, Section 1 of the East Peoria City Code is hereby amended to read as follows (additions are indicated by underline; deletions by strikeout.):

11-13-1. Impoundment of motor vehicles used in connection with illegal activities.

(a) Impoundment. A motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with any of the following violations, or which may jeopardize the public’s safety and safe vehicular movement and in furtherance of public safety or in the exercise by the Police Department of its community caretaker functions, may be subject to tow and impoundment by the City, and the owner of record of said vehicle shall be liable to the City for an administrative and processing fee of $500.00 in addition to any towing and storage fees:

(b) Violations:

1. Operation or use of a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to 720 ILCS 5/36-1 et seq.; or

2. Driving under the influence of alcohol, other drug or drugs, or intoxicating compounds, in violation of 625 ILCS 5/11-501 or a similar provision of the City Code; or

3. Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the provisions of the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., provided, however, that no vehicle shall be subject to impound or forfeiture solely for the possession of cannabis by persons twenty-one (21) years of age or older in accordance with the Cannabis Regulation and Tax Act. Further, no vehicle shall be subject to impound or forfeiture for the possession of medical cannabis by a registered qualifying patient or registered designated caregiver, as those terms are defined in the Compassionate use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.), where such possession is in compliance with the provisions of that Act; or

4. Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois Controlled Substances Act, 720 ILCS 570/100, et. seq.; or

13 5. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess a controlled substance, as defined by the Illinois Controlled Substances Act, 720 ILCS 570/100, et seq.; or

6. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis in violation of the Cannabis Control Act, 720 ILCS 550/1 et seq.; or

57. Unlawful use of a weapon in violation of 720 ILCS 5/24-1; aggravated discharge of a firearm in violation of 720 ILCS 5/24-1.5; and unlawful possession of a firearm and firearm ammunition in violation of 720 ILCS 5/24-3.1; or

68. Driving while driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked, the violation of 625 ILCS 5/6-303; except that vehicles shall not be subject to seizure impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emission testing; or

79. Operation or use of a motor vehicle with an expired driver’s license in violation of Section 6-101 of the Illinois Vehicle Code, 625 ILCS 5/6-101, where the period of expiration is greater than one (1) year; or

810. Operation or use of a motor vehicle without ever having been issued a driver’s license or permit in violation of Section 6-101 of the Illinois Vehicle Code, 625 ILCS 5/6-101, or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age; or

911. Operation or use a motor vehicle by a person against whom a warrant has been issued by a Circuit Clerk in Illinois for failing to answer charges that the driver violated the offenses of: driving while license is revoked or suspended, 625 ILCS 5/6- 303; operating a motor vehicle without a valid driver’s license, 625 ILCS 5/6-101; and/or driving under the influence of alcohol, other drugs, intoxicating compound(s), or a combination thereof, 625 ILCS 5/11-501; or

1012. Operation or use of a motor vehicle in connection with the commission or attempted commission of any other misdemeanor or felony offense in violation of the Criminal

14 Code of 2012, 720 ILCS 5/1-1 et seq; or defined under Chapter 720 of the Illinois Compiled Statutes; or

11. Fleeing and eluding in violation of 625 ILCS5/11-204 or 625 ILCS 5/11-204.1 or a similar provision of the City Code; or

12. Operation or use of a motor vehicle in connection with leaving the scene of an accident involving personal injury or property damage in violation of 625 ILCS 5/11-401, 625 ILCS 5/11-402 or 625 ILCS 5/11-403 or any similar provisions of the City Code.

13. Operation or use of a motor vehicle in violation of Section 11- 503 of the Illinois Vehicle Code, 625 ILCS 5/11-503:

a. While the vehicle is part of a funeral procession; or

b. In a manner that interferes with a funeral procession.

Section 4. If any part, provision or provisions of this Ordinance shall be held to be unconstitutional or otherwise illegal, such unconstitutionality or illegality shall not affect the validity of remaining parts of the Ordinance, and the City hereby declares it would have passed the remaining parts of this Ordinance in any event, had it known that such part, provision, or provisions might be unenforceable because unconstitutional or illegal.

Section 6. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 7. After its passage, approval and ten (10) day period of publication in the manner provided by law, this Ordinance shall be in full force and effect beginning January 1, 2020.

15 PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF ______, 2019.

APPROVED:

______Mayor ATTEST:

______City Clerk

EXAMINED AND APPROVED:

______Corporation Counsel

RESOLUTION NO. 1920-059

East Peoria, Illinois ______, 2019

RESOLUTION BY COMMISSIONER

WHEREAS, amendments to the Emergency Telephone System Act, 50 ILCS 750, mandated the consolidation of the currently existing four 911 dispatch centers serving Tazewell County down to two dispatch centers (“Consolidation Mandate”); and

WHEREAS, the City Council has previously approved an intergovernmental agreement (the “Agreement”) with Pekin, Washington, Morton, Tazewell County, the Tazewell County Sheriff’s Office, and the Tazewell County Emergency Telephone Systems Board (the “Parties”) in accordance with the Consolidation Mandate; and

WHEREAS, under the terms of the Agreement, the Parties agreed to work cooperatively to establish an intergovernmental agency named TC3 for the purpose of providing 911 dispatch services in Tazewell County; and

WHEREAS, the Agreement provides that TC3 is to be governed by a Governance Board and that daily operations of TC3 are to be managed by an Operations Committee; and

WHEREAS, the Agreement further provides that the Governance Board and Operations Committee are each to be comprised of representatives of municipalities affected by the Consolidation Mandate; and

WHEREAS, pursuant to the Agreement and the Bylaws attached as Exhibit B thereto, the City of East Peoria has two seats on the Governance Board and two seats on the Operations Committee; and

WHEREAS, consistent with the Mayor’s recommendation, the City desires to appoint Chief of Police Steven Roegge as one of the City’s representatives on the TC3 Operations Committee to replace the City’s representative position that was most recently held by the retired Deputy Chief of Police Shannon Swearingen;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT Chief of Police Steven Roegge is hereby appointed as one of the City’s representatives on the TC3 Operations Committee. APPROVED:

______Mayor ATTEST:

______City Clerk