1. Agenda Packet
Documents:
CITY COUNCIL REGULAR MEETING AGENDA PACKET - JUNE 5, 2018.PDF
2. Agenda
Documents:
CITY COUNCIL REGULAR MEETING AGENDA - JUNE 5, 2018.PDF
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 JUNE 5, 2018 6:00 P.M.
DATE: JUNE 5, 2018 MAYOR MINGUS TIME: 6:00 P.M. COMMISSIONER DENSBERGER CALL TO ORDER: COMMISSIONER DECKER ROLL CALL: COMMISSIONER JEFFERS COMMISSIONER KAHL
INVOCATION:
PLEDGE TO THE FLAG:
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Meeting and Special Meeting for a Working Session held on May 15, 2018.
COMMUNICATIONS:
Proclamation by Mayor Mingus proclaiming June 14, 2018 as “Flag Day” and June 10-16, 2018 as “National Flag Week.”
PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS:
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.
Item No. 1 – Adoption of Resolution No. 1819-017 – Resolution to Approve Payment of the Schedule of Bills No. 2 in the amount of $2,768,690.88.
Item No. 2 – Adoption of Ordinance No. 4390 on its Second Reading – (AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 OF THE CITY OF EAST PEORIA CITY CODE PERTAINING TO LIQUOR CONTROL REGULATIONS AND ADDING A CLASS OF LIQUOR LICENSE RELATED TO ART STUDIOS).
Item No. 3 – Adoption of Ordinance No. 4391 on its Second Reading - (AN ORDINANCE PROVIDING FOR THE SALE OF EXCESS CITY PROPERTY AT 123 BERRY STREET).
Item No. 4 – Adoption of Ordinance No. 4392 on its Second Reading – (AN ORDINANCE PROVIDING FOR THE VACATION OF THE JOOS STREET RIGHT-OF-WAY).
Item No. 5 – Adoption of Resolution No. 1819-008 on its Second Reading – Resolution approving Laserfiche Software Licensing Renewal for the City with R&D Computer Systems, LLC in the amount of $12,622.70.
Item No. 6 – Adoption of Resolution No. 1819-012 on its Second Reading – Resolution approving repairs of Elmhurst Drive by American Asphalt Surface Recycling, Inc.; Porter Brothers; and American Road Maintenance and approving an Engineering Agreement with Patrick Meyer & Associates related to the repairs.
Item No. 7 – Adoption of Resolution No. 1819-010 on its Second Reading – Resolution authorizing the purchase of a new 2019 Ford F250 3/4-Ton Service Truck for the Water Department from Uftring Ford in the amount of $33,777.
Item No. 8 – Adoption of Resolution No. 1819-009 on its Second Reading – Resolution authorizing and directing the payment of an Invoice to ImageTrend, Inc. for the software licensing services for Fiscal Year 2018-2019 for running and administering many operational aspects of the Fire Department in the amount of $12,148.85.
ITEMS REMOVED FROM CONSENT AGENDA:
COMMISSIONER DENSBERGER:
Approval of Ordinance No. 4398 - (AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE CONDITIONS IMPOSED ON THE SPECIAL USE GRANTED WITH RESPECT TO 4200 E. WASHINGTON STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS). – (to expand outdoor storage & display). To be laid on the table for no less than one week for public inspection.
Approval of Ordinance No. 4399 - (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 250 S. MAIN STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS). – (to allow for an automated ice kiosk). To be laid on the table for no less than one week for public inspection.
1 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.
Adoption of Ordinance No. 4395 - (AN ORDINANCE ADDING NEW CHPATER 16.1 TO TITLE 4 OF THE EAST PEORIA CITY CODE REGARDING THE REGULATION OF SMALL WIRELESS FACILITIES WITHIN THE PUBLIC RIGHT OF WAY).
Adoption of Ordinance No. 4396 - (AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 2 OF THE EAST PEORIA CITY CODE REGULATING SUBDIVISIONS REGARDING SMALL WIRELESS FACILITIES IN THE RIGHT-OF-WAY).
Adoption of Ordinance No. 4397 - (AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 OF THE EAST PEORIA CITY CODE REGULATING POLES, WIRES AND CONDUCTORS).
Adoption of Ordinance No. 4393 - (AN ORDINANCE AMENDING THE PLAN FOR THE EAST PEORIA DOWNTOWN OVERLAY DISTRICT).
Adoption of Ordinance No. 4394 - (AN ORDINANCE AMENDING THE PLAN FOR THE EAST PEORIA FOUR CORNERS OVERLAY DISTRICT).
Approval of Ordinance No. 4344 - (AN ORDINANCE AMENDING TITLE 5, CHAPTER 4, SECTION 9 OF THE EAST PEORIA CITY CODE PERTAINING TO THE USE AND PLACEMENT OF STORAGE UNITS AND DUMPSTERS). To be laid on the table for no less than one week for public inspection.
Approval of Ordinance No. 4387 - (AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 2 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF ALLOWING WINERIES AS A SPECIAL USE IN THE C, CONSERVATION AND RESIDENTIAL ESTATE DISTRICT). To be laid on the table for no less than one week for public inspection.
Approval of Resolution No. 1819-021 - Resolution approving a contribution of $12,000 for UnityPoint Red White & Boom July 4th Fireworks. To be laid on the table for no less than one week for public inspection.
Approval of Resolution No. 1819-020 - Resolution to approve Contract for Actuarial Services for Police and Fire Pension Funds with The Nyhart Group. To be laid on the table for no less than one week for public inspection.
Approval of Resolution No. 1819-025 - Resolution accepting Lowest Responsible Bidder for Yard Maintenance Contract to Jimax Landscaping LLC. To be laid on the table for no less than one week for public inspection.
Approval of Resolution No. 1819-018 - Resolution accepting low bid for EastSide Drive Lighting Replacement Project from Kirby Risk Company dba Kirby Risk Electrical Supply in the amount of $10,650. To be laid on the table for no less than one week for public inspection.
Approval of Resolution No. 1819-023 - Resolution Authorizing the Selling Process for City-Owned Surplus Real Estate at 345 Edmund Street in East Peoria. To be laid on the table for no less than one week for public inspection.
COMMISSIONER DECKER:
COMMISSIONER JEFFERS:
Approval of Resolution No. 1819-019 - Resolution Ascertaining the Prevailing Rate of Wage for Laborers, Workmen and Mechanics Employed on Public Works in the City of East Peoria, Illinois. To be laid on the table for no less than one week for public inspection.
Approval of Resolution No. 1819-016 - Resolution authorizing the repair of drainage at or near 311 Pekin Avenue in the City by Koenig Trucking and Excavating, LLC in the amount of $17,770. To be laid on the table for no less than one week for public inspection.
Adoption of Resolution No. 1819-026 - Resolution Approving Agreement with Vestas – American Wind Technology Inc. for Transport of Wind Turbine Components on City Streets.
Approval of Resolution No. 1819-022 - Resolution authorizing the lease of space at the City of East Peoria Police Department for 911 Dispatch Activities by TC3. To be laid on the table for no less than one week for public inspection.
COMMISSIONER KAHL:
Approval of Resolution No. 1819-024 - Resolution authorizing the purchase of a new LifePak 15 Monitor for the Fire Department from Physio-Control Inc. in the amount of $27,826.63. To be laid on the table for no less than one week for public inspection.
MAYOR MINGUS:
PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS:
2 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.
COMMENTS FROM COUNCIL:
COMMISSIONER DECKER: COMMISSIONER DENSBERGER: COMMISSIONER JEFFERS: COMMISSIONER KAHL: MAYOR MINGUS:
MOTION FOR EXECUTIVE SESSION/CLOSED MEETING:
MOTION TO ADJOURN:
/s/ Morgan R. Cadwalader City Clerk, Morgan R. Cadwalader Dated and Posted: June 1, 2018
3 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.
401 W. Washington Street. East Peoria, Illinois 61611. Phone (309) 698-4715 FAX (309) 698-4747 NOTICE AND AGENDA OF SPECIAL MEETING CITY COUNCIL CITY OF EAST PEORIA, ILLINOIS ______
TO: Members of the Public News Media City of East Peoria City Council
NOTICE IS HEREBY GIVEN BY THE MAYOR OF THE CITY OF EAST PEORIA THAT A SPECIAL MEETING TO HOLD A WORKING SESSION OF THE CITY COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS BE HELD ON TUESDAY, JUNE 5, 2018 AT 5:30 P.M. IN THE COUNCIL CHAMBERS IN THE CIVIC COMPLEX, 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS for the purposes listed below.
DATE: JUNE 5, 2018 TIME: 5:30 P.M. CALL TO ORDER: ROLL CALL:
AGENDA:
WORKING SESSION of the City Council to discuss the following:
• Brycer presentation on Code Compliance
COMMENTS FROM THE COUNCIL: MAYOR MINGUS: COMMISSIONER DENSBERGER: COMMISSIONER DECKER: COMMISSIONER JEFFERS: COMMISSIONER KAHL:
COMMENTS FROM THE AUDIENCE:
MOTION TO ADJOURN:
__/s/ David W. Mingus______06/01/2018______DAVID W. MINGUS, MAYOR DATE
THERE WILL BE NO ACTION TAKEN.
**CERTIFICATION OF POSTING IN ACCORDANCE WITH THE OPEN MEETINGS ACT** I, MORGAN R. CADWALADER, as duly qualified City Clerk of the City of East Peoria, Tazewell County, Illinois, do hereby certify that true and correct copies of the foregoing Notice and Agenda of Special Meeting have been posted in a clearly visible location in the public lobby of City Council Chambers and City Hall, 401 W. Washington Street, East Peoria, Illinois, same being the principal office of the City of East Peoria, Illinois and the location of the meeting and on the City’s website on the date specified below.
I do further certify that copies of the foregoing Notice and Agenda of Special Meeting have been sent to the Mayor and Commissioners of the City Council of East Peoria and to the local News Media which have filed annual requests for such notices, on the date specified below.
POSTED AND SENT: 06/01/2018 __/s/ Morgan R. Cadwalader______MORGAN R. CADWALADER, CITY CLERK
“EAST PEORIA-HOME OF THE FESTIVAL OF LIGHTS” MINUTES NEW COUNCIL CHAMBERS IN THE CIVIC COMPLEX 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS
MAY 15, 2018
The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor David Mingus presiding at 6:01 P.M. with proper notice having been given.
Upon the roll being called the following answered present: Mayor David W. Mingus, Commissioner Daniel S. Decker, Commissioner Gary R. Densberger, Commissioner Timothy J. Jeffers, and Commissioner John P. Kahl. Absent: None.
The invocation was given by Commissioner Jeffers.
Mayor Mingus led the Council and the audience in the pledge of allegiance to the flag.
Motion by Commissioner Kahl, seconded by Commissioner Decker; Mr. Mayor, I move that the minutes of the Regular Meeting and Special Meeting for a Working Session held on May 1, 2018 be approved as printed. Yeas: Commissioner Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.
Mayor Mingus proclaimed May 2018 as “Building Safety Month”.
Mayor Mingus proclaimed May 20-26, 2018 as “Emergency Medical Services Week”.
Mayor Mingus 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 Mingus asked if any Commissioner wished to remove any items from the Consent Agenda for discussion. There was no response.
Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move to adopt a consent agenda consisting of items numbered 1 through 5 as listed on the agenda for this meeting to be considered by omnibus vote. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.
Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move you that Items numbered 1 through 5 listed on the Consent Agenda be hereby approved and adopted, the items numbered 2 through 5 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. 1819-007 – Resolution to Approve Payment of the Schedule of Bills No. 1 in the amount of $782,306.99. (Adopted by omnibus vote)
Item No. 2 – Adoption of Resolution No. 1819-006 on its Second Reading – Resolution approving the 2018 Street Maintenance Program contracts for sealcoating, heat scarification, spray patching, GSB-88 polymer emulsion work, and engineering services associated with said program. (Adopted by omnibus vote)
Item No. 3 – Adoption of Resolution No. 1819-002 on its Second Reading – Resolution accepting bid for Code Red Emergency Notification System Subscription Agreement for City-Wide Notification. (Adopted by omnibus vote)
Item No. 4 – Adoption of Resolution No. 1819-003 on its Second Reading - Resolution to approve the salaries, wages and employee benefits for certain non-union employees of the City of East Peoria for the fiscal year beginning May 1, 2018 and ending on April 30, 2019. (Adopted by omnibus vote)
Item No. 5 – Adoption of Ordinance No. 4389 on its Second Reading – (AN ORDINANCE AMENDING THE CITY OF EAST PEORIA PERSONNEL POLICY MANUAL). (Adopted by omnibus vote)
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and the items adopted by omnibus vote designation.
Motion by Commissioner Densberger, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance No. 4390 hereto attached, (AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 OF THE CITY OF EAST PEORIA CITY CODE PERTAINING TO LIQUOR CONTROL REGULATIONS AND ADDING A CLASS OF LIQUOR LICENSE RELATED TO ART STUDIOS) 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 Densberger discussed the ordinance amendments.
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Page 2
Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move you that Ordinance No. 4391 hereto attached, (AN ORDINANCE PROVIDING FOR THE SALE OF EXCESS CITY PROPERTY AT 123 BERRY STREET) 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 Densberger discussed the purchase agreement.
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.
Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move you that Ordinance No. 4392 hereto attached, (AN ORDINANCE PROVIDING FOR THE VACATION OF THE JOOS STREET RIGHT- OF-WAY) 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 Densberger discussed the vacation of the right-of-way.
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.
Resolution No. 1819-013 by Commissioner Densberger; WHEREAS, a vacancy will exist on the East Peoria Police Pension Board as a result of the resignation of Michael Graham from the East Peoria Police Pension Board; and WHEREAS, the Honorable Mayor David W. Mingus has recommended the appointment of William Fitzgerald to fill the vacancy created on the East Peoria Police Pension Board; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS, THAT the appointment by Mayor David W. Mingus of William Fitzgerald to the East Peoria Police Pension Board to fill the vacancy created by the resignation of Michael Graham on the East Peoria Police Pension Board for the unexpired term ending on April 30, 2019 be approved. AND THAT THIS RESOLUTION NO. 1819-013 BE ADOPTED AS PRESENTED.
Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move that Resolution No. 1819-013 be adopted as presented.
Commissioner Densberger thanked Michael Graham for his service and Mr. Fitzgerald for this interest and future service.
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and Resolution No. 1819-013 be duly adopted as presented.
Resolution No. 1819-008 by Commissioner Densberger, seconded by Commissioner Kahl; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1819-008, hereto attached, a Resolution approving Laserfiche Software Licensing Renewal for the City with R&D Computer Systems, LLC in the amount of $12,622.70, be approved, and that this Resolution No. 1819-008 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 Densberger discussed the resolution.
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.
Resolution No. 1819-014 by Commissioner Densberger; WHEREAS, the City of East Peoria has previously entered into a Development Agreement and the First Amendment to the Development Agreement (hereinafter the “Development Agreement”), along with the related Hotel Ground Lease and Conference Center Lease Agreement documents, with The Revocable Trust of John Q. Hammons, Dated December 28, 1989, as Amended and Restated (hereinafter the “JQHammons Trust”), for the development of the Embassy Suites Hotel and East Peoria Conference Center and adjacent development site (the “Property”); and WHEREAS, in March 2008, the JQHammons Trust assigned its interest in the Development Agreement, along with the related Hotel Ground Lease and Conference Center Lease Agreement (the “Embassy Suites Leases”), to JQH-East Peoria Development LLC, a Missouri limited liability company, that was wholly owned by the John Q. Hammons Hotels Development LLC; and WHEREAS, at the time of the March 2008 assignment, the JQHammons Trust and the John Q. Hammons Hotels Development LLC owned and operated multiple hotel developments along with other affiliated properties throughout the United States, while continuing to develop additional new hotel projects throughout the United States; and WHEREAS, in May 2013, Mr. John Q. Hammons, the principle behind the JQHammons Trust, the JQH- East Peoria Development LLC, and the John Q. Hammons Hotels Development LLC, passed away; and WHEREAS, the JQHammons Trust and the John Q. Hammons Hotels Development LLC have now entered into an agreement to sell all interest in the hotel properties owned by the JQHammons Trust and the John Q. Hammons Hotels Development LLC, including the East Peoria Embassy Suites and Conference Center currently held by JQH- East Peoria Development LLC, to JDHQ Hotels LLC, an affiliate of JD Holdings LLC and Atrium Holding Company; and
Page 3
WHEREAS, pursuant to the proposed sale of the interests held by JQH-East Peoria Development LLC in the Development Agreement and the Embassy Suites Leases to JDHQ Hotels LLC, JD Holdings LLC and Atrium Holding Company have requested that the City consent to the transfer and assignment of the interests held by JQH-East Peoria Development LLC to JDHQ Hotels LLC; and WHEREAS, pursuant to the Development Agreement, along with the related Embassy Suites Leases, the City must first consent to any assignment of the ownership interest in the Development Agreement and the related Embassy Suites Leases, and the City may require that a guarantor be provided for any assignment of the ownership interest in the Development Agreement and the related Embassy Suites Leases; and WHEREAS, the proposed assignment of the ownership interests held by the JQH-East Peoria Development LLC in the Embassy Suites development project will allow this development project to continue to operate under the national Embassy Suites flag and to remain an ongoing and viable development project for the City; and WHEREAS, in order to effectuate the transfer and assignment of these interests and responsibilities from JQH-East Peoria Development LLC to JDHQ Hotels LLC, JD Holdings LLC and Atrium Holding Company have requested that the City consent to the Assignment and Assumption documents for the Development Agreement and the Embassy Suites Leases as provided in Exhibit 1 (the “Consents to Assignment”; attached hereto), as well as the Estoppel Certificates for the Development Agreement and the Embassy Suites Leases as provided in Exhibit 2 (the “Estoppel Certificates”; attached hereto) in relation to Embassy Suites Hotel and Conference Center development in East Peoria; 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. Provided the contingencies set forth herein are met, the City hereby approves the Consents to Assignment and the Estoppel Certificates for the assignment of the ownership interests held by the JQH-East Peoria Development LLC in the Embassy Suites development project – as set forth in the Development Agreement and the Embassy Suites Leases – to JDHQ Hotels LLC. Section 3. Upon a sufficient showing of adequate assurances of financial credit worthiness of the guarantor of the Assignments as determined by the City Attorney, the Mayor and the City Clerk are hereby authorized to execute the Consents to Assignment documents (attached as Exhibit 1) and the Estoppel Certificates (attached as Exhibit 2) in such form as the Mayor in his discretion may approve, such that the interest of JQH-East Peoria Development LLC in the Development Agreement, along with the related Hotel Ground Lease and Conference Center Lease Agreement, is assigned to JDHQ Hotels LLC, an affiliate of JD Holdings LLC and Atrium Holding Company.
Motion by Commissioner Densberger, seconded by Commissioner Decker; Mr. Mayor, I move that Resolution No. 1819-014 be adopted as presented.
Commissioner Densberger and City Attorney Dennis Triggs discussed the resolution. Commissioner Kahl explained that he would be abstaining from voting due to his employer doing business with Embassy Suites.
Yeas: Commissioners Decker, Densberger, Jeffers, and Mayor Mingus. Abstain: Commissioner Kahl. Nays: None. Mayor Mingus declared the motion carried and Resolution No. 1819-014 be duly adopted as presented.
Resolution No. 1819-012 by Commissioner Decker, seconded by Commissioner Kahl; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1819-012, hereto attached, a Resolution approving repairs of Elmhurst Drive by American Asphalt Surface Recycling, Inc.; Porter Brothers; and American Road Maintenance and approving an Engineering Agreement with Patrick Meyer & Associates related to the repairs, be approved, and that this Resolution No. 1819-012 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 discussed the resolution.
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.
Resolution No. 1819-010 by Commissioner Jeffers, seconded by Commissioner Kahl; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1819-010, hereto attached, a Resolution authorizing the purchase of a new 2019 Ford F250 3/4-Ton Service Truck for the Water Department from Uftring Ford in the amount of $33,777, be approved, and that this Resolution No. 1819-010 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 Jeffers discussed the resolution.
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.
Page 4
Resolution No. 1819-009 by Commissioner Kahl, seconded by Commissioner Densberger; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1819-009, hereto attached, a Resolution authorizing and directing the payment of an Invoice to ImageTrend, Inc. for the software licensing services for Fiscal Year 2018-2019 for running and administering many operational aspects of the Fire Department in the amount of $12,148.85, be approved, and that this Resolution No. 1819-009 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 Kahl discussed the software.
Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.
Resolution No. 1819-011 by Commissioner Kahl; WHEREAS, Fire Chief Alan Servis has submitted his resignation for retirement purposes; and WHEREAS, Chief Servis’ last day of service to the Fire Department will be May 15, 2018; and WHEREAS, pending the appointment of a new Fire Chief, it is necessary to make an interim appointment to Fire Chief within the Fire Department; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT John Knapp is hereby appointed as Interim Fire Chief until such time as the City Council selects and appoints a permanent replacement for Chief Servis.
Commissioner Decker explained that he would be abstaining from voting due to his employment in the Fire Department.
Motion by Commissioner Kahl, seconded by Commissioner Densberger; Mr. Mayor, I move that Resolution No. 1819-011 be adopted as presented. Yeas: Commissioners Densberger, Jeffers, Kahl and Mayor Mingus. Abstain: Commissioner Decker. Nays: None. Mayor Mingus declared the motion carried and Resolution No. 1819-011 be duly adopted as presented.
Mayor Mingus 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. There was no response.
Mayor Mingus then asked for comments from Council.
Commissioner Kahl discussed the upcoming Opioid Town Hall Meeting coming up next Wednesday that Assistant Chief Ryan Beck has put together. He thanked Director of Tourism and Special Events, Doug McCarty, and his staff on their hard work.
Motion by Commissioner Jeffers, seconded by Commissioner Kahl; Mr. Mayor, I move you that we adjourn until Tuesday evening, June 5, 2018 at 6:00 P.M. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None Mayor Mingus declared the motion carried and the meeting adjourned at 6:42 P.M.
_/s/ Morgan R. Cadwalader______City Clerk Morgan R. Cadwalader
MINUTES
WORKING SESSION CITY COUNCIL 401 WEST WASHINGTON STREET EAST PEORIA, ILLINOIS May 15, 2018
Mayor Mingus called the Working Session of the City Council of East Peoria, Illinois to order at 5:00 P.M. with the meeting having been properly noticed.
Upon the roll being called the following answered present: Mayor Mingus, Commissioners Decker, Densberger, Jeffers, and Kahl. Absent: None.
Mayor Mingus explained that no final action would take place by the City Council at the meeting. He explained that the purpose of the meeting is to have a Working Session regarding the Wind Turbine Move and Rental Registration. Public Works Director, Dennis W. Barron Jr., discussed the Wind Turbine Move, including the timing and routes. The current plan of action provides for transportation of the wind turbines beginning in June and ending in September with the larger pieces of the turbines only moving between 2 a.m. and 5 a.m. IDOT has been working with the City and the wind turbine movers and some roads will be closed at times. An agreement is being drafted.
Mayor Mingus turned the discussion over to Director of Planning & Community Development, Ty Livingston, for discussion on Rental Registration. There was a discussion about title registration fees as a possibility. The software piece of the rental registration is a key piece of the proposed program, allowing for registration online. Zhong Chen and Clint Sabin presented software from uGRIDD. uGRIDD is a geospatial technology that is easy to use. After researching other communities that have rental registration, half of those communities have an inspection component. Mr. Sabin discussed the City needs and what the uGRIDD system can do for rental registration, including allowing for almost everything to be done online. He discussed how it would work for property owners, tenants, and the public. He discussed the benefit of the software, including no labor costs for permit registration, payments, landlord training, scheduling, and inspection components to be done with smart phones. Inspections are done with uCOLLECT and information can be done with the phone’s browser. Flexible financing is an available option.
There was a discussion about other communities that use uGRIDD.
Director Livingston thanked uGRIDD representatives and discussed anticipated costs of Rental Registration. He discussed comparable costs. He asked about whether the Council would like a fixed price structure per unit cost which would make it easier to estimate costs. It is estimated that $60,000 to $75,000 is needed to cover costs.
Mayor Mingus asked for any comments from the audience.
Don Norbits came up to the podium and inquired about inspection frequency and anticipated costs.
Mayor Mingus asked for any other comments. There was no response.
Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move you that we adjourn the meeting. Yeas: Commissioners Decker, Densberger, Jeffers, and Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and the meeting adjourned at 5:56 P.M.
__/s/ Morgan R. Cadwalader______
Morgan R. Cadwalader, City Clerk xv-vvvvvvvvv tivvvvvvvvvvvvvs—?trvvx o The City of East Peoria 0 3 0 t 3 co 0 t 4lrndamafinn WHEREAS, each June, our Nation lifts its sights to the flag that has watched over us since the days of our founding. In those broad stripes and bright stars, we see the arc of the American story-- from a handful of colonies to 50 States, united and free; and 0 WHEREAS, when proud patriots took up the fight for independence, they came together under a standard that showed their common cause. When the wounds of civil 1 war were still fresh and our country walked the long road to reconstruction, our people found hope in a banner that testified to the strength of our Union. Wherever our American journey has taken us, whether on that unending path to the mountaintop or high above into the reaches of space, Old Glory has followed, reminding us of the rights t and responsibilities we share as citizens; and
WHEREAS, we celebrate that legacy, and we honor the brave men and women who have secured it through centuries of service at home and abroad. Let us raise our flags high, from small-town storefronts to duty stations stretched around the globe, and let us look to them once more as we press on in the march toward a more perfect Union; and
50 WHEREAS, to commemorate the adoption of our flag, the Congress, by joint resolution approved August 3, 1949, as amendeld ( 63 Stat. 492), designated June 14 of t each year as " Flag Day" and requested that the President issue an annual proclamation calling for its observance and for the display of the flag of the United States on all Federal Government buildings. The Congress also requested, by joint resolution approved June 9, 1966, as amended( 8o Stat. 194), that the President annually issue a proclamation designating the week in which June 14th occurs as " National Flag Week" and call upon citizens of the United States to display the flag during that week, 0 3 , NOW, THEREFORE, I, DAVID W. MINGUS, MayorY of the Cityof East Peoria, Illinois, do hereby recognize Juneith, 2018, as Flag Day in the City of East Peoria and the week beginning June 10, 2018, as National Flag Week and urge all citizens to observe Flag Day by displaying the flag of the United States of America.
In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the City of East Peoria t2 be affixed this 5th day of June,' 2018. 41 C.) c_ cv ' "--1-1-.--„,),-,,./ ti' MAYOR v: r i rCClCC2 t .' e• C ATTEST: CITY CLERkL1
v:' ' I 1r ..."",„ p.. p. n . . p nnnp. p Y p..nnAAAAAAA AagfrititogeskaX moi; RESOLUTION NO. 1819-017
June 1, 2018 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. 2 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 $2,768,690.88 AND THE SCHEDULE OF BILLS BE HEREBY ADOPTED AS PRESENTED.
APPROVED:
MAYOR
ATTEST:
CITY CLERK DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 1 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
GENERAL CORPORATE FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------01-01-1-100 OFFICE DEPOT CORRECTIONS TAPE/SUCKERS 2.34 01-01-2-014 MILLER HALL & TRIGGS 4/18 RETAINER FEE 1,000.00 4/18 LEGAL FEES 39,230.20 4/18 DEMOLITION LEGAL FEES 1,848.00 01-01-2-069 MILLER HALL & TRIGGS 4/18 RECORDING/FILING FEES 42.25 01-01-2-070 MILLER HALL & TRIGGS 4/18 TRAVEL EXPENSES 130.80 4/18 MISC FEES 336.50 4/18 OFFICE SUPPLIES/COPIES 10.40 4/18 POSTAGE 79.42 01-01-4-021 MUNICIPAL CODE CORPORATION ORDINANCE UPDATES 600.00 01-01-4-025 MORTON COMMUNITY BANK MEDICI- MEETING 24.84 01-01-4-100 OFFICE DEPOT CORRECTIONS TAPE/SUCKERS 1.40 01-01-5-025 TERESA DURM REIMBURSEMENT- MILEAGE 325.36 MORTON COMMUNITY BANK JOHNNY'S- TC3 CANIDATE/LUNCH 104.16 AVANTI'S- LUNCH SEMINAR 7.96 FAIRFIELD INN- SEMINAR 123.88 PANERA- HEALTH FAIR VENDORS 654.13 IL CHAMBER- HR SEMINAR 110.00 AAIM SOLUTIONS- HR MEMBERSHIP 740.00 01-01-5-035 DOWNSTATE CITY/COUNTY MEMBERSHIP RENEWAL 283.75 ROTARY CLUB OF EAST PEORIA MEMBERSHIP DUES 185.00 01-01-5-052 E P TIRE & VULCANIZING TIRE REPAIR 134.27 01-01-5-070 KOCH FAMILY MEDICINE TESTING 380.00 01-01-5-100 OFFICE DEPOT CORRECTIONS TAPE/SUCKERS 4.68 01-01-5-182 STEVE AGEE REPLACEMENT WOW CHECK 25.00 01-02-0-025 JEFF BECKER REIMBURSEMENT- MILEAGE 132.37 MARY JO CARBIENER REIMBURSEMENT- TUITION/BOOKS 803.95 01-02-0-040 CITY OF E P INS ESCROW RESERVE GROUP INSURANCE PREMIUM 170,000.00 STANDARD INSURANCE COMPANY GROUP LIFE INSURANCE 3,654.50 01-02-0-070 MORTON COMMUNITY BANK AMAZON- SIT/STAND DESK 345.00 AMAZON- KEYBOARDS 39.98 01-02-0-100 OFFICE DEPOT CORRECTIONS TAPE/SUCKERS 3.51 01-03-0-025 E P CHAMBER OF COMMERCE 5/18 EGGS/ISSUES LIVINGSTON 15.00 MORTON COMMUNITY BANK PANERA- IDOT MTG/LUNCH 184.02 ICSC- LUNCHEON 45.00 IEZA- CONFERENCE 180.00 GLEN WETTEROW REIMBURSEMENT- MEAL TRNG 25.71 01-03-0-035 JOURNAL STAR LEGAL NOTICES 95.16 01-03-0-045 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 250.20 01-03-0-069 ROBIN CROWE FARMER'S MARKET ENTERTAINMENT 75.00 01-03-0-100 OFFICE DEPOT CORRECTIONS TAPE/SUCKERS 9.35 01-04-0-070 AUTOZONE COMMERCIAL SOCKET 21.52 MORTON COMMUNITY BANK MATCO TOOLS- TOOLS 83.55 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 53.39 01-04-0-110 CINTAS CORPORATION MATS 43.00 VM UNIFORMS 76.80 G & K SERVICES MATS 43.00 DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 2 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
GENERAL CORPORATE FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------01-04-0-110 G & K SERVICES VM UNIFORMS 75.80 VM UNIFORMS 75.80 01-05-0-019 SAFETY FIRST LIFE SAFETY REVIEWS 3,000.00 01-05-0-020 ALTORFER CH GENRATOR MAINTENANCE 553.28 CENTRAL CLEANING SERVICE 5/18 CLEANING CH 1,300.00 5/18 CLEANING PD 1,200.00 5/18 CLEANING PW 1,100.00 5/18 CLEANING 40% CP 240.00 5/18 CLEANING RVR FRNT PARK 280.00 GETZ FIRE EQUIPMENT ANNUAL EXTINGUISHER SERVICE 46.00 LIBERTY TERMITE & PEST CONTROL CP PEST CONTROL 28.00 CH PEST CONTROL 42.00 RIVERFRONT PARK PEST CONTROL 38.00 JIMAX LANDSCAPE MOWING- 403 CIRCUIT CT 68.00 MOWING- 402 MONSON 68.00 MOWING- 326 CASS 68.00 MOWING- 118 CATHERINE 68.00 MOWING- 108 ARROWHEAD 68.00 MOWING- 101 HARMONY 68.00 MOWING- 1910 SPRINGFIELD RD 98.00 01-05-0-025 IL PROTECTIVE OFFICIALS CONF IPOC MEETING REGISTRATION 35.00 01-05-0-035 INTERNATIONAL CODE COUNCIL MEMBERSHIP RENEWAL 135.00 JOURNAL STAR MOWING LEGAL NOTICES 62.40 01-05-0-044 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 465.23 01-05-0-045 FONDULAC LIBRARY 3/26/18-4/25/18 CP ELECTRIC 493.03 3/26/18-4/25/18 CH ELECTRIC 541.49 3/26/18-4/25/18 DELIVERY 755.29 3/26/18-4/25/18 CP GAS 136.23 3/26/18-4/25/18 CH GAS 340.56 3/26/18-4/25/18 DELIVERY 672.42 CALPINE 6/18 POWER CITY BLDS 1,043.80 01-05-0-051 GRAINGER INC. DOOR LATCH GUARD 19.99 JOHNSTONE SUPPLY BLOWER ASSEMBLY 248.63 SPRINGFIELD ELECTRIC SUPPLY FLEX CONNECTORS 15.50 AMEREN REBATE CREDIT ON LIGHT -45.00 LED STREET LIGHT 169.23 SUPPLYWORKS SCRUBBER HOSE/PUMP 349.90 01-05-0-070 TAZEWELL COUNTY TREASURER 1ST INSTALL PROPERTY TAXES 1,667.98 1ST INSTALL PROPERTY TAXES 1,292.79 1ST INSTALL PROPERTY TAXES 125.54 1ST INSTALL PROPERTY TAXES 206.45 1ST INSTALL PROPERTY TAXES 460.35 C. EDWIN WALKER ATTORNEY FEES 59.00 01-05-0-071 JIMAX CORPORATION DEMOLITION- 122 CHERRY LN 11,625.68 01-05-0-100 OFFICE DEPOT LABEL TAPE 37.98 CORRECTIONS TAPE/SUCKERS 11.69 01-05-0-121 SUPPLYWORKS DISPENSER 0.01 DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 3 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
GENERAL CORPORATE FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------01-05-0-121 SUPPLYWORKS PAPER PRODUCTS/LINERS/SCREENS 168.48 PAPER PRODUCTS 42.84 PAPER PRODUCTS/SOAP 272.81 PAPER PRODUCTS/SOAP/LINERS 729.94 PAPER PRODUCTS/LINERS 178.60 PAPER PRODUCTS 42.84 PAPER PRODUCTS/SHAMPOO/LINERS 552.83 01-05-0-127 OFFICE DEPOT FILES/STORAGE BOXES 35.53 01-05-0-150 MORTON COMMUNITY BANK KOHL'S LAND PAYMENT PRINCIPAL 192,077.68 KOHL'S LAND PAYMENT INTEREST 18,901.99 01-05-0-151 ILLCO INC WALL MOUNT/CONTROLLER/BAFFLE 3,148.72 01-06-0-020 CHRISTENBERRY SYSTEMS & ALARM ESC CARD ACCESS 178.00 01-06-0-045 AT&T 4/5/18-5/4/18 PHONE SERVICE 5,401.06 CALL ONE 5/18 LONG DISTANCE SERVICE 440.59 COMCAST MONTHLY CABLE INTERNET 178.66 SCOTT COMMUNICATION SERVICES PHONE CONSULTATION 652.08 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 162.79 XPEDITE SYSTEMS, LLC FAX2MAIL BILLING 100.00 TOUCHTONE COMMUNICATIONS 4/18 LONG DISTANCE 81.49 4/18 LONG DISTANCE 15.12 01-06-0-047 MORTON COMMUNITY BANK MICROSOFT- LICENSING 105.00 MICROSOFT- LICENSING 624.00 B&H PHOTO- TRIP PROTECTORS 135.00 HEARTLAND- LAPTOP RECOVERY CD 35.00 R&D COMPUTER SYSTEMS LLC LASERFICHE USER EXPANSION 1,193.55 01-06-0-048 CDS OFFICE TECHNOLOGIES DISPATCH COPY CHARGES 52.34 ESC COPY CHARGES 132.46 PW COPY CHARGES 222.46 THE TREE HOUSE INC TONER 984.60 01-06-0-100 OFFICE DEPOT CORRECTIONS TAPE/SUCKERS 2.33 01-06-0-127 GRAYBAR ELECTRIC COMPANY CABLE RESTOCK 217.80 AV ROOM PATCH PANEL 22.27 01-06-0-149 HEWLETT PACKARD COMPANY BACK UP HOST WARRANTY 1,040.44 01-06-0-160 SHI INTERNATIONAL CORP NVR DRIVE EXPANSION 600.78 CHRISTENBERRY SYSTEMS & ALARM SERVER ROOM CAMERAS 695.00 ------
DEPARTMENT TOTAL: 481,400.48 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 4 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
EMERGENCY SERV & DISASTER AST INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------02-00-0-051 RAGAN COMMUNICATIONS, INC. TORNADO SIREN BATTERIES 675.00 TORNADO SIREN BATTERIES 675.00 02-00-0-160 ONSOLVE, LLC CODE RED SERVICE 7,000.00 ------
DEPARTMENT TOTAL: 8,350.00 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 5 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
POLICE PROTECTION FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------03-00-0-018 TAZEWELL COUNTY (ANIMAL) 4/18 ANIMAL CONTROL 2,396.00 03-00-0-025 FERNANDO ALVAREZ PER DIEM- MEAL TRAINING 55.08 JEFF BIEBER PER DIEM- MEAL TRAINING 13.77 CARRIE BRUNS PER DIEM- MEAL TRAINING 241.38 ADAM CHITTICK PER DIEM- MEAL TRAINING 13.77 DAVID HORN PER DIEM- MEAL TRAINING 142.80 MORTON COMMUNITY BANK UAV COACH- DRONE TRAINING 249.00 DRURY INN- HOTEL TRAINING 133.62 AMERICAN AIRLINES- BAGGAGE FEE 25.00 DOLLAR RENT A CAR- CAR BRUNS 95.83 COSTCO- FUEL TRNG- BRUNS 7.00 AMERICAN AIRLINES- BAGGAGE FEE 25.00 COURTYARD- HOTEL TRNG- BRUNS 737.40 SHEETZ- FUEL TRNG- BRUNS 8.25 FAA STATE BOARD- EXAM- CRAIG 150.00 AT&T - PHONE(ACCIDENT) 217.99 IAOCP- CONFERENCE 360.00 PUBLIC AGENCY TRAINING COUNCIL SAFETY CONFERENCE- HORN 325.00 SCOT CRAIG PER DIEM- MEAL TRAINING 82.62 PER DIEM- MEAL TRAINING 54.00 03-00-0-026 MORTON COMMUNITY BANK SPARTAN ARMOR- METAL TARGETS 85.05 STAMPS.COM- MONTHLY FEE 15.99 BENCH VISE- FIREARM MAINT 37.98 WAL-MART COMMUNITY GUN OIL 9.48 03-00-0-035 CELLEBRITE INC UFED TOUCH ULTIMATE RENEWAL 3,400.00 COMCAST MONTHLY CABLE INTERNET 5.97 LEXISNEXIS RISK DATA MNGMT 2018 ANNUAL RENEWAL 609.10 MORTON COMMUNITY BANK AMAZON- PRIME MEMBERSHIP 99.00 03-00-0-045 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 2,110.34 CALPINE 6/18 POWER POLICE BLDS 459.64 03-00-0-050 RNS ELECTRIC, INC LED LIGHT FIXTURES INSTALL 537.36 EXHAUST FAN REPAIR 481.60 LIBERTY TERMITE & PEST CONTROL PD PEST CONTROL 39.00 SPRINGFIELD ELECTRIC SUPPLY FLAT PANEL LED FIXTURE 629.31 McCLANAHAN PAINTING, INC. CONFERENCE ROOM PAINTING 352.50 03-00-0-051 ELLIS SYSTEMS CORPORATION EQUIPMENT SERVICE AGREEMENT 1,890.00 CHRISTENBERRY SYSTEMS & ALARM CARD READER REPAIR 267.00 03-00-0-052 UFTRING AUTOMALL 15 FORD SUPSPENSION REPAIR 382.16 13 CHEVY VEHICLE REPAIR 2,261.73 RAY DENNISON CHEVROLET INC. CALIPER REPAIR 60.50 INTERSTATE BATTERY SYSTEM OF BATTERY 117.95 MORTON COMMUNITY BANK AMAZON- DECAL REMOVAL TOOL 52.66 ADVANCED AUTOMOTIVE CENTER 11 CHEVY WATER PUMP/OIL 11-6 792.88 17 FORD OIL/FILTER 17-11 46.42 11 CHEVY OIL/FILTER 11-4 232.47 15 FORD PADS/ROTORS 15-4 684.28 04 DODGE MUFFLER/ADAPTER 250.52 DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 6 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
POLICE PROTECTION FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------03-00-0-070 TAZEWELL/PEKIN COMMUNICATIONS LEADS SERVICES 214.80 SHI INTERNATIONAL CORP DISPLAY PANEL 668.47 TRANS UNION LLC BACKGROUND CHECKS 42.63 WAL-MART COMMUNITY CANDY FOR HEADSTART DETAIL 29.82 JUSTINE YEN INTERPRETING SERVICES 517.00 03-00-0-072 IL STATE POLICE BACKGROUND CHECKS 81.00 03-00-0-100 OFFICE DEPOT 50PK DVD+RW 49.28 VERBATIM USB DRIVE FILES 7.90 03-00-0-115 AG-LAND FS, INC. 4/18 GASOLINE 7,319.37 US BANK/ VOYAGER FLEET SYSTEMS 4/18 GASOLINE PD 21.25 03-00-0-121 SUPPLYWORKS PAPER PRODUCTS 158.36 03-00-0-127 MORTON COMMUNITY BANK AMAZON- REUSEABLE RESPIRATORS 78.65 AMAZON- RESPIRATOR FILTERS 40.10 TRITECH FORENSICS INC SEALABLE BAGS 136.00 GLOVES/TESTING SUPPLIES 359.10 03-00-0-149 MORTON COMMUNITY BANK DSG ARMS- AR15 MAINT BLOCK 40.33 DSG ARMS- DUAL BEAM LASER 993.55 03-00-0-183 WALTERS BROS HARLEY DAVIDSON HARLEY CLUTCH REPAIR 541.20 HARLEY CLUTCH REPAIR 413.00 MORTON COMMUNITY BANK USPS- DUI KITS 13.45 WATCHGUARD VIDEO UNIT DV REPAIR 145.00 03-00-0-184 MORTON COMMUNITY BANK PET SUPPLIES- K-9 DOG FOOD 272.88 ------
DEPARTMENT TOTAL: 33,387.54 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 7 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
FIRE PROTECTION FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------04-00-0-025 ROGER AYLWARD FIRE APPARATUS INSTRUCTOR 1,000.00 MORTON COMMUNITY BANK WHITEY'S- TAZ CO MTG 329.08 BP- FUEL TRNG 37.69 HAMPTON INN- HOTEL TRNG 444.00 PARAMEDIC RENEWAL- EMT-B LIC 21.00 HEARTLAND- SEMINAR- BECK 75.00 ACTIVE 911- SUBSCRIPTION 4.02 FDIC- FIRE ENGINEER CONF 65.00 FDIC- FIRE ENGINEER CONF 65.00 WALMART- RETURN FRAMES -29.20 EMBASSY SUITES- HOTEL FDIC 326.20 MARATHON- FUEL- FDIC CONF 10.00 CONVENTION SERVICE- CANCEL FEE 45.00 CHRIS DUNNE PER DIEM- MEAL TRAINING 68.85 CHRIS RIEKER PER DIEM- MEAL TRAINING 68.85 UNIVERSITY OF ILLINOIS-GAR MANAGEMENT CLASS REGISTRATION 600.00 04-00-0-035 FIRE ENGINEERING SUBSCRIPTION RENEWAL 39.00 ROTARY CLUB OF EAST PEORIA ANNUAL DUES- KNAPP 370.00 04-00-0-045 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 1,026.19 CALPINE 6/18 POWER FIRE BLDS 836.92 04-00-0-049 ALADTEC INC ADLADTEC SUPPORT 6/18-12/18 1,350.00 04-00-0-050 GETZ FIRE EQUIPMENT FIRE EXTINGUISHER MAINT 60.50 GRAINGER INC. AIR COMPRESSOR 940.25 CREDIT- AIR COMPRESSOR -940.25 MORTON COMMUNITY BANK COSTCO- MONITOR 754.98 STICKER MULE- PD LOGOS 65.50 SMART SIGN- DOOR SIGN 30.79 WALMART- POSTER FRAMES 76.27 WALMART- POSTER FRAMES 19.87 MICHAEL'S- POSTER FRAMES 61.98 MARCONE- DRYER REPAIRS 35.09 MARCONE- DRYER REPAIRS 102.55 MARCONE- DRYER REPAIRS 16.79 CHRISTENBERRY SYSTEMS & ALARM FIRE ALARM INSPECTION 1,424.00 McCLANAHAN PAINTING, INC. CONFERENCE ROOM PAINTING 352.50 BEHM & HAGEMANN, INC GRASS SEED STATION #4 163.02 HENRICKSENS CONFERENCE ROOM FURNITURE 2,500.00 CONFERENCE ROOM FURNITURE 1,493.74 04-00-0-052 ALTORFER E-4 OIL HOSE 29.19 MORTON COMMUNITY BANK ADVANCE AUTO- ANTIFREEZE/HOSE 34.97 FLEETPRIDE- BRAKE ADAPTER 21.20 O'REILLY- TRANSMISSION FLUID 24.36 ADVANCE AUTO- AMBULANCE BULBS 18.47 MUTUAL WHEEL COMPANY E-4 BRAKE CHAMBER 164.76 P-3 AIR FITTINGS 20.82 04-00-0-070 EAGLE RECOVERY ASSOCIATES, INC AMBULANCE COLLECTIONS 66.06 KIM RIGGENBACH REIMBURSEMENT- I-PAD CHARGER 30.96 DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 8 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
FIRE PROTECTION FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------04-00-0-100 OFFICE DEPOT CD/DVD CASE 16.40 04-00-0-110 MES-ILLINOIS BOOTS- PASSWATER 365.00 04-00-0-115 AG-LAND FS, INC. 4/18 GASOLINE 3,725.40 04-00-0-121 SUPPLYWORKS PAPER PRODUCTS 31.87 04-00-0-127 MORTON COMMUNITY BANK AUTOZONE- MOWER BATTERY 41.99 04-00-0-128 GRP & ASSOCIATES MEDICAL WASTE DISPOSAL 209.00 PRAXAIR DISTRIBUTION INC OXYGEN 552.34 OXYGEN 264.03 BOUND TREE CORPORATION CREDIT- EMS BAGS -372.99 TOURNIQUET/NEEDLES/GAUZE 157.65 GAUZE/TUBING/SAFETY GLASSES 442.16 04-00-0-160 GERMAN BLISS MOWER PARTS 20.28 04-00-0-180 AMBULANCE BILL OVERPAYMNT REFUND OVERPAYMENT 715.00 04-00-0-181 ANDRES MEDICAL BILLING (AMB) 4/18 AMBULANCE COLLECTIONS 3,971.02 ------
DEPARTMENT TOTAL: 24,460.12 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 9 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
SOLID WASTE INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------05-00-0-017 WASTE MANAGEMENT SOLID WASTE TIPPING FEES 18,047.88 SOLID WASTE TIPPING FEES 18,665.49 05-00-0-018 WASTE MANAGEMENT RECYCLING TIPPING FEES 212.52 RECYCLING TIPPING FEES 199.08 05-00-0-052 MR. TOWIT'S WRECKER SERVICE IN TOWING 275.00 05-00-0-070 OSF OCCUPATIONAL HEALTH DRUG SCREENS 36.00 05-00-0-110 AUSTIN BROWN REIMBURSEMENT- WORK BOOTS 37.39 CRAIG HUMPHREYS REIMBURSEMENT- WORK BOOTS 38.49 05-00-0-115 AG-LAND FS, INC. 4/18 GASOLINE 4,808.81 ------
DEPARTMENT TOTAL: 42,320.66 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 10 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
STREET & BRIDGE FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------11-00-0-052 AUTOZONE COMMERCIAL SWITCH 62.99 IGNITION LOCK CYLINDER 52.99 NETWORKFLEET INC GPS FOR VEHICLES 145.76 MORTON COMMUNITY BANK TSC- MOWER SEAT 99.99 11-00-0-070 DANNY CHAMBERS REIMBURSEMENT- TANKER LICENSE 65.00 MORTON COMMUNITY BANK TSC- TOOL BOX 19.99 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 536.59 11-00-0-110 RON REASON REIMBURSEMENT- CDL 60.00 11-00-0-115 AG-LAND FS, INC. 4/18 GASOLINE 4,207.71 US BANK/ VOYAGER FLEET SYSTEMS 4/18 GASOLINE STREETS 1,649.94 11-00-0-135 MILLER HALL & TRIGGS 4/18 LANDSLIDE FEMA 362.90 STARK EXCAVATING, INC. SUNNYBROOK DEMOLITION 32,985.75 ------
DEPARTMENT TOTAL: 40,249.61 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 11 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
SEWER CHLORINATION INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------14-00-0-124 BRENNTAG MID-SOUTH, INC SODIUM HYPOCHLORITE 133.68 ------
DEPARTMENT TOTAL: 133.68 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 12 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
STREET LIGHTING FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------16-00-0-046 AMEREN ILLINOIS 6/18 POWER TRAFFIC 1,185.73 CALPINE 6/18 POWER ST LIGHTING 876.39 ------
DEPARTMENT TOTAL: 2,062.12 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 13 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
UNEMPLOYMENT INSURANCE INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------19-00-0-181 I.D.E.S 1SR QTR UNEMPLOYMENT FEE 3,550.00 ------
DEPARTMENT TOTAL: 3,550.00 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 14 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
EASTSIDE CENTRE INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------21-01-0-020 CENTRAL CLEANING SERVICE 5/18 CLEANING ESC 1,275.00 MORTON COMMUNITY BANK UATTEND- TIME CLOCK FEES 79.00 OSF OCCUPATIONAL HEALTH DRUG SCREENS 108.00 DRUG SCREENS 72.00 21-01-0-023 NEOFUNDS BY NEOPOST POSTAGE REFILL 74.95 21-01-0-033 CALPINE 6/18 POWER ESC 879.80 21-01-0-036 CALPINE 6/18 POWER ESC 15.63 21-01-0-050 OGBORN PLUMBING, INC URINAL DRAIN LINE 197.54 21-01-0-070 MORTON COMMUNITY BANK NESTLABS- FOL CAMERAS 10.00 21-01-0-110 MORTON COMMUNITY BANK AED STORE- AED 364.00 21-01-0-118 FIVE STAR WATER COFFEE/FILTERS/CREAM/SWEETENER 478.50 MORTON COMMUNITY BANK PASQUEL- CONCESSION SUPPLIES 9.20 COSTCO- CONCESSION SUPPLIES 66.92 BIG LOTS- CONCESSION SUPPLIES 9.50 AVANTI'S- CONCESSION GONDOLAS 142.50 AVANTI'S- CONCESSION GONDOLAS 95.00 COSTCO- CONCESSION SUPPLIES 34.15 PASQUEL- CONCESSION SUPPLIES 47.99 COSTCO- CONCESSION SUPPLIES 13.95 COSTCO- CONCESSION SUPPLIES 50.22 COSTCO- CONCESSION SUPPLIES 69.75 AVANTI'S- CONCESSION GONDOLAS 125.00 AVANTI'S- CONCESSION GONDOLAS 125.00 SUPPLYWORKS CREDIT- AIR FRESHENER -31.92 CREDIT- PAPER PRODUCTS -42.84 CREDIT- SANITIZER -68.75 SANITIZER 68.75 PAPER PRODUCTS/LINERS/SOAP 525.86 21-02-0-020 CENTRAL CLEANING SERVICE 5/18 CLEANING ESC 1,275.00 OSF OCCUPATIONAL HEALTH DRUG SCREENS 360.00 21-02-0-033 CALPINE 6/18 POWER ESC 879.80 21-02-0-036 CALPINE 6/18 POWER ESC 15.63 21-02-0-050 COPS INC REKEYED ESC 1,166.40 21-02-0-051 MORTON COMMUNITY BANK CENTURY- FITNESS SUPPLIES 68.72 LOWE'S 45.36 21-02-0-071 MORTON COMMUNITY BANK BEACHBODY- LICENSING FEES 59.90 B-3 FIT- LICENSING FEES 19.99 POUND FITNESS- LICENSING FEES 19.99 21-03-0-030 CALPINE 6/18 POWER ESC 149.24 21-03-0-032 CALPINE 6/18 POWER ESC 6.81 21-03-0-034 CALPINE 6/18 POWER ESC 144.98 21-03-0-035 CALPINE 6/18 POWER ESC 108.20 21-03-0-036 CALPINE 6/18 POWER ESC 15.64 21-03-0-050 MENARDS-WASHINGTON FILTER 6.98 21-03-0-152 AG-LAND FS, INC. 4/18 GASOLINE 86.44 MORTON COMMUNITY BANK HARBOR FREIGHT- SOLAR LIGHT 24.99 SHERWIN-WILLIAMS PAINT 140.00 DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 15 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
EASTSIDE CENTRE INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------21-03-0-152 SPRINGFIELD ELECTRIC SUPPLY ELECTRICAL COVERS 70.58 CABLE TIES 241.20 WASTE MANAGEMENT DUMPSTER TIPPING FEES 1,488.23 OGBORN PLUMBING, INC LEAK REPAIRS 783.12 21-03-0-201 MORTON COMMUNITY BANK ESC BACKHOE LOAN INTEREST 151.18 21-03-0-231 MORTON COMMUNITY BANK ESC BACKHOE LOAN PRINCIPAL 1,424.22 ------
DEPARTMENT TOTAL: 13,547.30 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 16 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
HOTEL-MOTEL TAX INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------23-00-0-044 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 72.02 23-00-0-073 KELLOGG PLASTICS LTD CLIPS 259.01 23-00-0-076 US BANK/ VOYAGER FLEET SYSTEMS 4/18 GASOLINE FOL 61.30 23-00-0-150 NILES INDUSTRIAL COATINGS FRAMES/CAGES 373.55 FRAMES/CAGES 1,693.38 MORTON COMMUNITY BANK STARLIGHT CONTROLS- CONTROLLER 98.75 OBERLANDER ELECTRIC PANEL REPAIRS 2,000.00 SPRINGFIELD ELECTRIC SUPPLY CABLE TIES 283.26 23-00-0-151 ALTORFER OIL/FILTERS/COOLANT/ELEMENTS 904.80 FUEL INJECTOR REPAIR 870.47 CENTRAL CLEANING SERVICE 5/18 CLEANING FEST BLD 425.00 CALPINE 6/18 POWER FEST BLD 271.98 23-00-0-152 AG-LAND FS, INC. 4/18 GASOLINE 86.46 MARTIN SULLIVAN INC FENDER/SPLASH GUARDS/CAP SCREW 515.94 MORTON COMMUNITY BANK TSC- PEAKTOP SHELTORS 229.99 NEVCO SPORTS LLC SCORE BOARD SUPPLIES 2,000.81 SHERWIN-WILLIAMS PAINT 79.81 23-00-0-153 US BANK/ VOYAGER FLEET SYSTEMS 4/18 GASOLINE VM 427.27 KULL SCAPE LANDSCAPING, INC PLANT SALE FLOWERS/VEGETABLES 3,461.00 VITAL SIGNS INC. SIGN 51.76 MELYX INC MULCH 1,536.50 23-00-0-182 A-LINE STRIPE & SEAL PAVEMENT MARKING/STRIPING 2,475.00 23-00-0-183 WEBDESIGN / 309 MARKETING SSL CERTIFICATE 300.00 23-00-0-201 PEORIA AREA CONVENTION 2018 CITY CYCLE BIKE RACK 3,000.00 ------
DEPARTMENT TOTAL: 21,478.06 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 17 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
CAMP STREET TIF INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------25-00-0-014 MILLER HALL & TRIGGS 4/18 CAMP ST LEGAL TIF 13,370.00 25-00-0-070 AMALGAMATED BANK OF CHICAGO 2014/2010B ADMIN FEES 475.00 25-00-0-073 TAZEWELL COUNTY TREASURER 1ST INSTALL PROPERTY TAXES 211,112.91 1ST INSTALL PROPERTY TAXES 163.67 ------
DEPARTMENT TOTAL: 225,121.58 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 18 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
W. WASHINGTON ST TIF INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------26-00-0-014 MUELLER, REECE & HINCH, LLC LEGAL FEES 946.50 26-00-0-025 MORTON COMMUNITY BANK DRURY INN- HOTEL ITIA 145.19 CARIBBIEAN GRILL- MEAL ITIA 15.09 ASIAN CUISINE- ITIA 22.43 26-00-0-199 CULLINAN PROPERTIES LTD EP DOWNTOWN TAX INCENTIVE 103,000.29 ------
DEPARTMENT TOTAL: 104,129.50 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 19 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
WATER & SEWER INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------50-00-0-374 JIM PAUL/PREFERRED HOMES REIMBURSE- SEWER ASSESSMENT 2,200.00 50-50-0-021 L&S LABEL PRINTING UTILITY BILLS 392.64 50-50-0-023 MORTON COMMUNITY BANK USPS- POSTAGE REFILL 500.00 NEOFUNDS BY NEOPOST POSTAGE REFILL 4,000.00 50-50-0-025 TODD ELLIS REIMBURSEMENT- TUITION/BOOKS 1,186.30 MORTON COMMUNITY BANK IRWA- TRAINING 65.00 50-50-0-040 CITY OF E P INS ESCROW RESERVE GROUP INSURANCE PREMIUM 21,900.00 50-50-0-045 FRONTIER 5/22/18-6/21/18 PHONE SERVICE 53.50 5/22/18-6/21/18 PHONE SERVICE 53.50 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 791.92 50-50-0-047 AMEREN ILLINOIS 5/18 POWER FOR PUMPING WATER 44.95 CALPINE 6/18 POWER FOR PUMPING WATER 11,688.79 50-50-0-051 SUTHERLAND ACE HARDWARE HEX BOLTS/SCREWS 20.70 HAMMER 9.59 BRAKE CLEANER/WIRE BRUSH 15.16 ROPE 8.59 SOD 49.98 SURGE PROTECTOR 22.99 V-BELT 9.49 CHAINSAW 40.98 PUSH BROOM 33.99 BUSHINGS/PLUG CLEAN OUT 4.28 50-50-0-052 NETWORKFLEET INC GPS FOR VEHICLES 72.88 LINCO-PRECISION LLC TRUCK TOP LIGHTS 607.74 50-50-0-100 MORTON COMMUNITY BANK AMAZON- DOOR CHIME FOR OFFICE 17.49 OFFICE DEPOT INK/POST IT NOTES 188.52 PLASTIC BANDS 27.96 INK/CORK BOARD/CADDY 149.55 RECEIPT PAPER 38.97 50-50-0-115 AG-LAND FS, INC. 4/18 DIESEL 2,400.40 US BANK/ VOYAGER FLEET SYSTEMS 4/18 GASOLINE WATER 1,380.43 50-50-0-123 BERNARD KRUMHOLZ, INC SHREDDED SOIL 752.50 50-50-0-127 BRENNTAG MID-SOUTH, INC DRUM RETURN -750.00 DRUM RETURN -400.00 SULFUR DIOXIDE/CHLORINE 892.42 CHLORINE 1,236.00 50-50-0-155 MORTON COMMUNITY BANK AMAZON- PW STOOLS 422.55 50-50-0-180 WATER DEPOSIT REFUNDS 302 GEM ST- 34.25 50-51-0-040 CITY OF E P INS ESCROW RESERVE GROUP INSURANCE PREMIUM 15,500.00 50-51-0-045 VERIZON WIRELESS 4/10/18-5/9/18 CELL SERVICE 353.36 50-51-0-047 AMEREN ILLINOIS 5/18 POWER FOR PUMPING SEWER 60.38 CALPINE 6/18 POWER FOR PUMPING SEWER 21,780.27 50-51-0-052 AUTOZONE COMMERCIAL FILTERS 17.97 NETWORKFLEET INC GPS FOR VEHICLES 72.88 50-51-0-080 SUTHERLAND ACE HARDWARE ADAPTER 29.47 LUMBER 11.99 50-51-0-087 WASTE MANAGEMENT SLUDGE PROCESSING FEES 9,088.88 DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 20 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
WATER & SEWER INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------50-51-0-087 WASTE MANAGEMENT SLUDGE PROCESSING FEES 735.36 50-51-0-102 WAL-MART COMMUNITY VINEGAR/PAPER CUPS 66.65 50-51-0-110 MORTON COMMUNITY BANK SAFETY SUPPLY- STORM HIP BOOTS 1,085.25 50-51-0-115 US BANK/ VOYAGER FLEET SYSTEMS 4/18 GASOLINE SEWER 1,340.41 50-51-0-127 MORTON COMMUNITY BANK UPS- SHIPPING 9.43 UPS- SHIPPING 9.43 50-53-0-040 CITY OF E P INS ESCROW RESERVE GROUP INSURANCE PREMIUM 1,400.00 50-53-0-115 AG-LAND FS, INC. 4/18 DIESEL 601.11 50-53-0-127 C & H REPAIR & SUPPLY CO VACTOR TOOLS 394.24 SUTHERLAND ACE HARDWARE BATTERIES 19.98 FLOOR SQUEEGEES/HANDLES 102.94 SNAP BOLTS 7.58 UTILITY KNIFE 9.38 CLAMP 7.47 MINERAL OIL 39.98 50-53-0-201 BUSEY BANK VACTOR TRUCK LOAN INTEREST 389.39 50-53-0-240 BUSEY BANK VACTOR TRUCK LOAN PRINCIPAL 6,340.50 50-56-0-053 HINCKLEY SPRINGS REIMBURSEMENT- BACK-UP DAMAGE 175.00 50-57-0-256 MORTON COMMUNITY BANK AUTO-READ METER LOAN PRINCIPAL 13,216.17 AUTO-READ METER LOAN INTEREST 2,376.80 50-57-0-257 MORTON COMMUNITY BANK ERI LOAN PRINCIPAL 18,615.61 ERI LOAN INTEREST 2,283.80 ------
DEPARTMENT TOTAL: 146,305.69 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 21 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
RIVERBOAT GAMING TAX FUND INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------80-00-0-165 CITY OF PEORIA 4/18 50% WAGERING TAX 170,436.46 80-00-0-257 MORTON COMMUNITY BANK ERI LOAN PRINCIPAL 20,591.65 ERI LOAN INTEREST 2,526.23 80-01-0-025 MORTON COMMUNITY BANK PD LAPTOP LOAN PRINCIPAL 2,585.29 PD LAPTOP LOAN INTEREST 88.38 ------
DEPARTMENT TOTAL: 196,228.01 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 22 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
PAYROLL HOLDING ACCTS INVOICES DUE ON/BEFORE 05/31/2018
ACCOUNT # VENDOR NAME DESCRIPTION OF PURCHASE AMOUNT ------99-99-9-998 WAGES PAID 5/15/18 GF PAYROLL 662,419.46 5/15/18 WS PAYROLL 85,554.26 5/31/18 GF PAYROLL 580,048.72 5/31/18 WS PAYROLL 97,944.09 ------
DEPARTMENT TOTAL: 1,425,966.53 ======
APPROVED FOR PAYMENT BY: DATE: 05/31/18 CITY OF EAST PEORIA PAGE: 23 TIME: 16:27:43 SCHEDULE OF BILLS PAYABLE ID: AP443000.CEP
FINAL TOTALS INVOICES DUE ON/BEFORE 05/31/2018 ------
GENERAL CORPORATE FUND 481,400.48
EMERGENCY SERV & DISASTER AST 8,350.00
POLICE PROTECTION FUND 33,387.54
FIRE PROTECTION FUND 24,460.12
SOLID WASTE 42,320.66
STREET & BRIDGE FUND 40,249.61
SEWER CHLORINATION 133.68
STREET LIGHTING FUND 2,062.12
UNEMPLOYMENT INSURANCE 3,550.00
EASTSIDE CENTRE 13,547.30
HOTEL-MOTEL TAX 21,478.06
CAMP STREET TIF 225,121.58
W. WASHINGTON ST TIF 104,129.50
WATER & SEWER 146,305.69
RIVERBOAT GAMING TAX FUND 196,228.01
PAYROLL HOLDING ACCTS 1,425,966.53 ------
GRAND TOTAL 2,768,690.88 ======MEMORANDUM
May 7, 2018
TO: Mayor David W. Mingus and Members of the City Council
THRU: Jeff Eder, City Administrator
FROM: City Attorney’s Office (Dennis R. Triggs and Nancy L. Rabel)
SUBJECT: Amending the Liquor Code to add class of license for art studios
______
DISCUSSION: We were asked to amend the Liquor Code to allow a license for art studios to serve alcohol at events.
RECOMMENDATION: We recommend passing the ordinance and adopting the revisions to the Liquor Code.
ORDINANCE NO. 4390
AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 OF THE CITY OF EAST PEORIA CITY CODE PERTAINING TO LIQUOR CONTROL REGULATIONS AND ADDING A CLASS OF LIQUOR LICENSE RELATED TO ART STUDIOS
WHEREAS, the City of East Peoria has proposed amendments to certain liquor control regulations found at Title 3, Chapter 3 of the East Peoria City Code which proposed amendments are hereinafter set forth; and
WHEREAS, the City Council finds that adoption of the proposed amendments would serve the best interests of the City of East Peoria and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. Title 3, Chapter 3, Section 1.1 of the East Peoria City Code pertaining to the classification of liquor licenses is hereby amended to read as follows (additions are indicated by underline, deletions by strikeout):
3-3-1.1. Definitions.
Unless the context otherwise provides, words and phrases used in this chapter shall be construed as hereinafter set forth, or as used in the Illinois Liquor Control Act, as amended:
Alcoholic liquor shall mean and include any alcohol, spirits, wines, beer, and other vinous or malt products, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being containing more than one-half of one percent of alcohol by volume; provided, however, that this definition shall not be construed to apply to alcohol used in the manufacturing of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder.
Art studio shall mean any place kept, used, maintained, advertised or held out to the public as a place in which the public may participate in art and craft activities, including, but not limited to, painting, ceramics, woodworking and craft design/construction projects utilizing fibers, metals, wood and/or glass either individually or in a group/class setting.
Beer means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
Beer Garden means any outdoor eating or drinking area directly adjacent to and contiguous to an existing licensed facility. Includes: outdoor cafes, patios, and adjacent decks.
Caterer Retailer means a person who serves alcoholic liquors for consumption on the premises of a Rental Hall or Convention Center as an incidental part of food service, whether the rental hall or convention center is licensed or not licensed to serve alcoholic liquors.
Club means any corporation, organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building and space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment; provided, that such club files with the local liquor control commissioner at the time of its application for a license under this chapter, two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional member, his name and address; and, provided further, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members in the annual meeting, and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from distribution or sale of alcoholic liquor to the club or to the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
Convention Center means a parcel of land consisting of one lot or more than one separate, adjacent and contiguous lots, which lots are under common ownership and control and which lots are being used for a common purpose containing one or more joined or separate buildings, which buildings can be used separately or together and where the buildings can be used and divided into separate gathering places and where the buildings and adjacent grounds are used for any Private Function or Public Function as defined in this code.
Hotel-motel for purposes of this chapter shall mean a structure or complex of structures kept, used, maintained and held out to the public to
2
be a place where food is actually served and consumed and sleeping accommodations are offered for adequate compensation to travelers and guests, whether transient, permanent or residential, in which eighty five (85) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests.
Licensed premises means the premises described in the application for a license, or in the license as issued, as the place where the business is to be, or is carried on.
Minors for the purpose of this Chapter 3 means all persons under the age of twenty-one (21) years.
Package liquor store means any person who sells or offers for sale any alcoholic liquor for use or consumption, not upon the premises, and not for resale in any form.
Person means any person, firm, partnership, club, association or corporation.
Private Function means a pre-arranged private party, function, or event for a specific social or business occasion, either by invitation or reservation, and not open to the general public, where the guests in attendance are served in a room, or area designated and used exclusively for the private party, function, or event. Public Function means a pre-arranged function or event for a specific social, business, sporting, entertainment or similar occasion which is open to the public, either with or without admission charge including activities such as concerts, exhibitions, receptions, plays or festivals.
Rental Hall means a place available for rental by members of the general public, which may include a place located in a public or private building which is designed to accommodate a minimum of 200 persons safely and in compliance with the local fire code. The business operating from such a place is typified by functions such as wedding celebrations, parties, or dances sponsored by private clubs or individuals. The lessor of the Rental Hall is paid a fee by the person or entity sponsoring a function for use of the facility.
Resident of the city means any person living in the city for a period of not less than ninety (90) days.
Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping
3
accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
Sell at retail or sale at retail includes all sales for use or consumption and not for resale in any form.
Tavern means any person, including restaurants, hotels and motels who sell or offer for sale at retail any alcoholic liquor for use or consumption upon the premises, and not for resale in any form; provided however, that this definition shall not be construed to apply to any duly licensed practicing physician or dentist in the strict practice of his profession, or any hospital or other institution caring for sick or diseased persons in the bona fide treatment of such patients, or any drugstore employing a licensed pharmacist in the concoction of prescriptions of duly licensed physicians, or the authorized representative of any church for the purposes of conducting any bona fide rite or religious ceremony conducted by such church.
Wine means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or spirits as defined herein.
Section 2. Title 3, Chapter 3, Section 1.4 of the East Peoria City Code pertaining to the classification of liquor licenses is hereby deleted in its entirety and the following is substituted in lieu thereof:
3-3-1.4. Licenses; classifications.
Licenses to sell alcoholic liquor at retail shall be of the following classes:
(a) Class A licenses. Class A licenses shall authorize the sale at retail of alcoholic liquors for consumption on the premises described in the license. A Class A license shall permit the sale of alcoholic liquor at retail in original packages for consumption off the premises described in the license. A Class A license shall not be authorized for locations of grocery stores and locations where alcoholic liquor is sold in conjunction with the operation of a gasoline station.
(b) Class B licenses. Class B licenses shall authorize the sale, at retail, of alcoholic liquor in original packages, but not for consumption on the premises described in the license at
4
grocery stores, convenience stores, liquor stores and locations where alcoholic liquor is sold in conjunction with the operation of a gasoline station.
(c) Class C licenses. Class C licenses shall authorize the sale at retail of alcoholic liquors for consumption on the premises of a hotel-motel described in the license. A class C license shall permit the sale of alcoholic liquor at retail in original packages for consumption off the premises where sold. (A hotel-motel is defined for purposes of this section, in section 3-3-1.1(f) of this chapter).
(d) Class D licenses. Class D licenses shall authorize the sale at retail of alcoholic liquors for consumption on the premises of a restaurant described in the license. A class D license shall permit the sale of alcoholic liquor at retail in original packages for consumption off the premises where sold. (A restaurant is defined for purposes of this section, in section 3-3-1.1(g) of this chapter).
(e) Class E licenses. Class E licenses shall authorize the sale, at retail, in restaurants, of beer and wine to patrons, to be consumed only in that portion of the premises described in the license in which meals are served to patrons, and then only as a part of the meals ordered by and served to the patrons.
(f) Class F licenses. Class F licenses shall authorize the sale at retail of beer or wine in an outdoor, non- residential location as part of a public activity which has been approved by the city council. The period of said license shall not exceed seven (7) days. Class F licenses shall be issued only to civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one-year prior to the making of such application and which in good faith have maintained a membership role during said one-year period, or any such organizations which have been incorporated under the laws of the state. The fee for such license shall be fifty dollars ($50.00) which may in the discretion of the local liquor control commission be waived. Application for the issuance of a class F license shall be filed with the city clerk not less than twenty-one (21) days in advance of the date requested by the licensee. The local liquor control commissioner, however, may waive the twenty-one (21) day filing requirement should he find that insufficient time remains
5 prior to the event for the city to process the application. The local liquor control commissioner may waive the bond required under section 3-3-1.9. A class F license shall be subject to the following regulations:
(1) Sale of beer and wine shall be confined to the parcel or tract of real estate designated as the licensed premises.
(2) The license holder shall not permit the removal from the licensed premises of any alcoholic liquor except in original or unopened packages for consumption off the licensed premises.
(3) Temporary or permanent fences shall be installed marking those boundaries of the licensed premises.
(4) One or more employees of the license holder shall at all times be present and capable of observing any portion of the licensed premises where alcoholic liquor is sold or consumed.
(5) The licensee shall provide an adequate number of security guards who shall be present at all times when alcoholic liquor is sold or consumed on the premises.
(6) The licensee shall carry adequate dram shop liability insurance and provide proof of said insurance to the city.
(7) Outdoor music may be permitted during the hours of sale as provided in section 3-3-4.2.
(8) The issuance of a class F license shall not diminish the responsibility of the license holder to comply with all applicable laws, ordinances, rules or regulations, and specifically those relating to unnecessary noise.
(9) The city council may modify the above regulations when a public event is approved in order to address special problems or circumstances.
(10) The licensee shall obtain, from the Illinois Liquor Control Commission approval for the sale of beer and wine at a special event and shall provide proof of said approval to the city.
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(g) Class G licenses. Class G licenses shall authorize the sale, at retail, of beer and wine in original packages, but not for consumption on the premises described in the license.
(h) Class H licenses. Class H licenses shall authorize the sale at retail of alcoholic liquors for consumption only on the premises described in the license and which is licensed pursuant to section 3-6-1 of this Code as a bowling alley. Such license does not authorize the sale of alcoholic liquor at retail in original packages for consumption off the premises where sold. Additionally, a Class H license shall be subject to the following regulations:
1. The area of the premises devoted to the sale of alcoholic liquor shall be segregated from the rest of the premises in such a way as to limit access to the segregated area by persons under twenty- one (21) years of age.
2. It shall be the duty of the licensee, his agents, servants and employees to prohibit any person under twenty-one (21) years of age, other than an employee of the licensee, from entering or remaining in the area segregated for the sale of alcoholic liquor.
3. These regulations shall not prohibit the licensee from establishing a service area adjacent to the segregated area for the sole purpose of selling food or nonalcoholic drinks to persons under twenty- one (21) years of age, provided that no alcoholic liquor shall be sold to any person from such service area.
4. Nothing in these regulations shall prohibit patrons or customers from consuming alcoholic liquor in other areas of the premises, provided the licensee or his employees, agents or servants insure that persons under the age of twenty-one (21) years do not consume alcoholic liquor on the premises.
(i) Class V licenses. Class V licenses shall authorize the sale, at retail of alcoholic liquors by a duly organized veterans' organization, created or recognized by Acts of Congress of the United States. A class V license shall permit the sale of alcoholic liquors, at retail, only on the premises recognized as a veterans' organization. Such licensee, unless otherwise
7
set forth in this section or in any section of these liquor control regulations, shall be subject to the same provisions as class A licenses. Additionally, a class V license shall be subject to the following regulations:
(1) A class V licensee or any officer, member, representative, agent or employee of such class V licensee shall not permit the sale of alcoholic liquors for consumption off the premises described in the license;
(2) With the two (2) exceptions noted below, the only individuals allowed to be on the premises at any time alcoholic liquor is being sold or consumed are members, families of members, guests of a specific member when in the company of said member, and employees of the class V licensee. The licensee or any officer, member, representative, agent or employee of such class V licensee shall not permit the sale of alcoholic liquors to the general public unless:
a. The premises are rented out for any function at which alcoholic liquor is sold; provided, however, that a licensed bartender or a responsible adult member of the licensee be present and capable of observing any portion of the licensed premises where alcoholic liquor is sold or consumed; or
b. The premises are being utilized by the licensee for special activities such as bingo or dances accompanied by live music; provided, however, that a licensed bartender or a responsible adult member of the licensee be present and capable of observing any portion of the licensed premises where alcoholic liquor is sold or consumed.
(3) Each member of a class V licensee shall have a membership card which is to be carried by such said member while on the licensed premises at any time alcoholic liquor is sold or consumed.
(4) It shall be unlawful for any Class V licensee or any officer, associate, member, representative, agent or
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employee of such Class V licensee to sell, give or deliver any alcoholic liquor to any minor, or to any intoxicated person or to any person known by him to be an habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. It shall be unlawful for any class V licensee or any officer, associate, member, representative, agent, or employee of such class V licensee to knowingly allow a minor to possess or consume liquor on or about the licensed premises.
(5) It shall be the duty of every class V licensee to make books and records available upon reasonable notice for the purpose of investigation by the local liquor control commission having jurisdiction over the license. Such books and records need not be maintained on the licensed premises but must be maintained in the State of Illinois.
(6) On any premises with respect to which a Class V license has been issued, the Class V licensee must either:
a. Comply with the provisions of section 3-3-4.3 relating to Obstructions Prohibited; Posting of Prices and subsection 3-3-4.18(A) relating to Restrictions on Use of Certain Premises; or
b. Having a responsible adult member or employee present in and capable of observing each area of the licensed premises which do not meet the above requirements but in which alcoholic liquor is sold or consumed.
(7) Except as provided in section 3-3-3.2 relating to Special Outdoor Sales and Consumption Permits, and as provided in section 3-3-1.4(n) if a class V licensee is granted a subclass 1 license, a class V licensee or any officer, member, representative, agent or employee of such class V licensee shall not allow the sale or consumption of alcoholic liquor on the exterior of a totally enclosed permanent structure located on the licensed premises. For the purposes of this section, patios, open porches, rooftops, balconies, stoops, sidewalks, yards, driveways, parking lots and
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similar outside areas are deemed to be on the exterior of a totally enclosed permanent structure.
(j) Class Z licenses. Class Z licenses shall authorize the sale at retail of alcoholic liquors by clubs, as defined in section 3-3- 1.1 of these liquor control regulations, only on the licensed premises. A class Z licensee, in addition to regulations set forth elsewhere in this chapter, shall be subject to the following regulations:
(1) A class Z licensee shall not permit the sale of alcoholic liquors for consumption off the premises described in the license.
(2) With the two (2) exceptions noted below, the only individuals allowed to be on the premises at the time alcoholic liquor is being sold or consumed are members, families of members, guests of a specific member when in the company of said member, and employees of the class Z licensee. The licensee or any officer, member, representative, agent or employee of such class Z licensee shall not permit the sale of alcoholic liquors to the general public unless:
a. The premises are rented out for any function at which alcoholic liquor is sold; provided, however, that a licensed bartender or a responsible adult member of the licensee be present and capable of observing any portion of the licensed premises where alcoholic liquor is sold or consumed; or
b. The premises are being utilized by the licensee for special activities such as dances accompanied by live music; provided, however, that a licensed bartender or a responsible adult member of the licensee be present and capable of observing any portion of the licensed premises where alcoholic liquor is sold or consumed.
(3) Each member of a class Z licensee shall have a membership card which is to be carried by each said member while on the licensed premises at any time alcoholic liquor is sold or consumed.
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(4) It shall be unlawful for any class Z licensee or any officer, associate, member, representative, agent or employee of such class Z licensee to sell, give or deliver any alcoholic liquor to any minor or to any intoxicated person or to any person known by him to be an habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need or mental treatment. It shall be unlawful for any class Z licensee or any officer, associate, member, representative, agent or employee of such class Z licensee to knowingly allow a minor to possess or consume liquor on or about the licensed premises.
(5) It shall be the duty of every class Z licensee to make books and records available upon reasonable notice for the purposes of investigation by the local liquor control commission having jurisdiction over the license. Such books and records need not be maintained on the licensed premises but must be maintained in the State of Illinois.
(6) On any premises with respect to which a class Z license has been issued for the sale of alcoholic liquors, the class Z licensee must either:
a. Comply with the provisions of section 3-3-4.3 relating to Obstructions Prohibited; Posting of Prices and subsection 3-3-4.18(A) relating to Restrictions on Use of Certain Premises; or
b. Have a responsible adult member or employee present in and capable of observing each area of the licensed premises which do not meet the above requirements but in which alcoholic liquor is sold or consumed.
(k) Class AS licenses. Class AS licenses shall authorize the sale, at retail, of alcoholic liquor, for consumption on the premises of an art studio described in the license, at which public and/or private events are held. The sale of alcoholic liquor at an art studio shall only be to persons attending an event on the license’s premises and for consumption during attendance at the event. In addition to these restrictions, the following conditions must be met:
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1. The gross revenue from the sale of alcoholic liquor must not exceed fifteen (15) percent of the art studio’s total revenue for the year;
2. At least eighty-five (85) percent of the art studio’s gross revenue must be derived from fees for the artistic activities;
3. The sale of alcoholic liquor must be incidental to the operation of the art studio; and
4. The property to which the class AS license is issued must be located on an area that is zoned “commercial” according to the city’s zoning classifications.
(l) Class CC licenses. Class CC licenses shall authorize the owner or concession operator of a Convention Center to sell and serve alcoholic liquor but only when the alcoholic liquor is sold or served in connection with a scheduled private function or public function and only for consumption within one or more buildings located on the parcel of land being used as a convention center or in designated outdoor locations adjacent to the building or buildings, but located on the same parcel of land as the Convention Center when permitted pursuant to section 3-3-3.6. A class CC license shall be subject to the following general regulations:
GENERAL PROVISIONS
1. A class CC license may be issued to either the owner of the Convention Center or to a Concession operator or manager that has a written agreement with the Owner to provide food and beverage service at the Convention Center. At no time shall a class CC license be issued to more than one person or entity for the same premises. In the event the license is to be issued to a concessionaire, the concessionaire must have a written agreement with the owner of the Convention Center to operate as the concessionaire for the whole term of the license to be issued hereunder. Upon application for and renewal of the license, the concessionaire must provide proof to the City that the concession agreement is in full force and effect for the whole term of the license.
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2. The licensee shall designate at least one permanent location within a building located on the site for the receipt and storage of the alcoholic liquor to be used for service at functions conducted at the Convention Center.
3. The sale and consumption of alcoholic liquors shall be confined to the interior of any building located on the grounds of the Convention Center site, except as provided in section 3-3-3.6.
4. Said license shall authorize the licensee to sell or serve alcoholic liquor in up to ten (10) additional temporary locations, such as ballrooms, meeting rooms or party rooms not otherwise licensed as permanent locations at the same time and for the same or different functions occurring on the Convention Center premises or in any of the buildings that form a part of the Convention Center. The fee for the temporary locations shall be included as a part of the annual fee for a class CC license.
5. The sale or consumption of alcoholic liquor at any permanent or temporary location shall occur only in conjunction with a scheduled public or private function. No sale or consumption may occur at times when a public or private function is not in progress.
6. One or more employees of the licensee shall at all times be present and capable of observing any part of the premises where alcoholic liquor is being sold or consumed. In addition, only employees of the licensee may dispense, serve or sell alcoholic liquor at any function conducted on the Convention Center premises. At no time shall guests or patrons be allowed to serve or dispense alcoholic liquor. This section shall not, however, prohibit employees of a licensee from serving single bottles of wine or champagne to tables to be used for the seating of guests, provided that guests will not be permitted to obtain and deliver bottles from a central location to the table. This exception, however, does not permit the service at tables of pitchers of beer or other alcoholic liquor. This section also does not prohibit the use of serving methods, such as decorative champagne fountains, provided an employee of the
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licensee is in a position to observe and monitor patrons’ service from such items. This section does not, however, permit patrons to serve themselves from tappers or kegs of beer during any function.
7. The licensee must have a written agreement with the person or entity sponsoring or operating the public or private function, specifying the time and date for the planned function, whereby the person or entity acknowledges its obligation to abide by all of the East Peoria City Code and the laws of the State of Illinois regarding the sale and consumption of alcoholic beverages. The hours during which alcoholic liquor may be served and sold at a Convention Center shall be the same as provided for class A licensees under section 3-3-4.2 of the East Peoria City Code, except as provided in section 3-3-3.6 for outdoor sales.
8. The licensee must implement measures to insure that minors are not served alcoholic liquors and do not consume alcoholic liquor on the premises or any place alcoholic liquor is served.
9. The CC licensee shall obtain from the Illinois Liquor Control Commission a state-issued license for the sale of alcoholic liquor allowing the sale on private Convention Center property and provide proof of obtaining that license to the City before any alcoholic liquor is served.
(m) Class CR licenses. Class CR licenses shall authorize the service of alcoholic liquors for consumption on the premises of a Rental Hall only as an incidental part of food service pursuant to a contract or agreement to cater a public or private function. A class CR license shall be subject to the following regulations:
1. A class CR license may be issued as a subclass license to a holder of a valid class C, D, or E license issued by the City of East Peoria or as a separate license issued to a person, entity or other business engaged in the preparation and service of food to the public, otherwise qualified to obtain a license under section 3-3-1.11 of the East Peoria City Code, except for the provision of section 3-1.11(n), relating to ownership or control of a licensed premises.
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2. The sale of alcoholic beverages shall be confined to the interior of a publicly owned building in which service of alcohol is expressly permitted by this code or to the interior of a Rental Hall.
3. One or more employees of the license holder shall at all times be present and capable of observing any part of the premises where alcoholic liquor is being sold or consumed.
4. The licensee shall carry adequate dram shop liability insurance. The insurance must include the City as an additional insured if the Licensee seeks to sell alcoholic beverages in a building or buildings owned or operated by the City. In the event liquor is to be served in a building owned or operated by the City, proof of dram shop insurance must be provided to the City Clerk of the City of East Peoria before the event.
5. The licensee shall obtain, from the Illinois Liquor Control Commission, a state issued Caterer Retailer license and shall provide proof that said license has been obtained to the City before licensee serves any alcoholic beverages.
6. The licensee must have a written agreement with the person or entity sponsoring or operating the public or private function, specifying the time and date for the planned function, and whereby the person or entity acknowledges its obligation to abide by all of the codes of the City of East Peoria and the laws of the State of Illinois regarding the sale and consumption of alcoholic beverages.
7. The licensee must implement measures to insure that minors are not served alcoholic liquors and do not consume alcoholic liquor on the premises of the Rental Hall or any place alcoholic liquor is being served or consumed.
(n) Class RB licenses. Class RB licenses shall authorize the sale at retail of alcoholic liquors for consumption on any premises in the city which is used as a permanent docking facility operated by the holder of the riverboat gaming license. A class RB license shall also permit the sale of
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alcoholic liquor at retail in original packages for consumption off the premises described in the license.
(o) Subclass 1 licenses. In addition to the classes of license established in previous subsections, a subclass 1 license may be issued by the Liquor Control Commission on any terms and conditions to be imposed for the safety of the citizens of East Peoria including without limitation the following:
1. Subclass 1. A subclass 1 license may be approved only for holders of class A, C, D, E, V or RB licenses, except a class D license located within one hundred fifty (150) feet of a public marina. The subclass 1 license, if approved, permits the retail sale of alcoholic beverages or, for a class E license holder the sale of beer and wine only, in a Beer Garden as defined under 3-3-1.1. Access to the Beer Garden or outdoor area shall be permitted only from the interior of the licensed premises. The annual fee shall be as specified in section 3-3-1.5. The application fee shall be as specified in section 3-3-1.8. Any application for a subclass 1 (Beer Garden) license must first be referred to the Director of Planning and Community Development to verify compliance with zoning regulations and the Director of Buildings and Inspections to verify compliance with building codes. The application shall include a scale drawing of the proposed outdoor facility which addresses and details the following:
a. The seating area must be contained within a permanent fence or other suitable barrier measuring at least four feet high and which defines the seating area and sets that area apart from the surrounding property. The fence or barrier shall prevent passage of alcoholic liquor from locations within the beer garden to locations outside the beer garden and shall restrict noise to the approved area and to provide access to the area only from the interior of the licensed premises. Notwithstanding the foregoing, enclosure of a beer garden’s seating area within a permanent fence or barrier shall not be required for the issuance of a subclass 1 license to the holder
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of a class C, D or E license if all of the following conditions, said conditions being in addition to all other conditions for the issuance of a subclass 1 license, are met: (i) a visual boundary sets the beer garden apart from surrounding property where alcoholic liquor cannot be consumed or taken; (ii) the service and consumption of food shall be the primary and dominant business of the license holder at the location for which the subclass 1 license is issued; (iii) alcoholic liquor is to be consumed by patrons while seated at tables and with the purchase of food; (iv) the seating for patrons provided in the outside beer garden must include at least one table for every five seats; and (v) the seating for patrons provided in the outside beer garden may not exceed two-thirds the number of seats for patrons provided in the interior of the licensed premises. b. The square footage of the proposed beer garden cannot exceed the square footage of the existing structure. c. The proposed beer garden’s appearance should be consistent with the character of the existing structure. d. The existing structure must be in compliance with all applicable City codes prior to approval of the Subclass 1 license. e. The proposed beer garden must contain a reasonably substantial structure across which alcoholic liquor shall be served which shall afford bartenders reasonable protection from patrons, unless the outdoor facility is serviced directly by the indoor licensed premises. f. The proposed beer garden must contain the locations of at least two exits from the area, only one of which shall be through a building or, in the case of a patio, deck, open porch, balcony or rooftop facility, such exits as are required by the City fire codes. Except in the case of an emergency, patrons must enter and
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exit the beer garden only through the licensed establishment to which it is attached.
g. Service of alcoholic liquor to patrons in the outdoor location shall cease at least 45 minutes before the time for the cessation of service in section 3-3-4.2 for the particular class of license.
2. The subclass 1 license shall not be issued for any premises located in the City, which is zoned as a Residential District or zoned as B-1 pursuant to the Zoning Code of the City of East Peoria.
3. The subclass 1 license shall not be issued to the holder of class C, D, E or RB licenses for any premises that is located within 300 feet of any building or structure designed for or devoted to or being used for any residential use except under the following exceptions:
a. A one-year probationary subclass 1 license may be issued to the holder of a Class C, D or E license pursuant to the provisions of subsection 10 with respect to licensed premises located within 300 feet of any building or structure designed for or devoted to or being used for any residential use if (i) the holder has operated a beer garden adjacent to the licensed premises for at least 365 days as of September 1, 2015; (ii) the holder of the license for the licensed premises makes an application for a subclass 1 license no later than November 30, 2015; and (iii) the subclass 1 license does not expand the size or use of the beer garden as it existed as of September 1, 2015; or
b. A one-year probationary subclass 1 license may be issued to the holder of a license pursuant to the provisions of subsection 10 with respect to licensed premises located within 300 feet, but no closer than 100 feet, of any building or structure designed for or devoted to or being used for any residential use. A subclass 1 license issued under
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authority of this section for premises located within 300 feet of any building or structure designed for or devoted to or being used for any residential use may be revoked after its issuance if the Liquor Control Commission finds that operation of the outdoor facility adversely affects the use and enjoyment of any such residential use established prior to the first issuance of a probationary subclass 1 license for the licensed premises.
4. The subclass 1 license shall not be issued to the holder of a class V license for any premises that is located within 100 feet of any building or structure designed for or devoted to or being used for any residential use.
5. The subclass 1 license shall not be issued to the holder of a class A license for any premises that is located within 300 feet of any building or structure designed for or devoted to or being used for any residential use, except under the following exceptions:
a. A one-year probationary subclass 1 license may be issued to the holder of a Class A license pursuant to the provisions of subsection 10 with respect to licensed premises located within 300 feet of any building or structure designed for or devoted to or being used for any residential use if (i) the holder has operated a beer garden adjacent to the licensed premises for at least 365 days as of September 1, 2015; (ii) the holder of the license for the licensed premises makes an application for a subclass 1 license no later than November 30, 2015; and (iii) the subclass 1 license does not expand the size or use of the beer garden as it existed as of September 1, 2015; or
b. A one-year probationary subclass 1 license may be issued to the holder of a Class A license pursuant to the provisions of subsection 10 with respect to licensed premises located within 300 feet, but no closer than 100 feet, of any building or structure
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designed for or devoted to or being used for any residential use. A subclass 1 license issued under authority of this section for premises located within 300 feet of any building or structure designed for or devoted to or being used for any residential use may be revoked after its issuance if the Liquor Control Commission finds that operation of the outdoor facility adversely affects the use and enjoyment of any such residential use established prior to the first issuance of a probationary subclass 1 license for the licensed premises; or
c. The limitation applicable to class A licenses shall not prohibit a class A licensee from obtaining a subclass 1 license based upon the premises being located within 300 feet of a residential use when the residential use or uses are located on the same parcel of land as the licensed premises and the residential properties are owned and controlled by the owner of the parcel of land where the licensed premises is located and where the owner of the land consents to the issuance of the subclass 1 license.
6. If a subclass 1 license is granted to any premises within 700 feet of residentially zoned property, no live entertainment shall be permitted outside except live music performed without electronic amplification and by no more than two instrumentalists plus a vocalist but only if the premises has otherwise obtained all licenses required under this code.
7. For the purpose of measuring the minimum distance required for a class V license, said measurement shall be made from the nearest part of the outdoor premises to the nearest part of the adjacent building used for residential uses. For all other classes, the measurement shall be made as provided in section 3- 4.23 of this chapter.
8. At no time shall a licensee permit any person to consume alcoholic liquor at any place other than in the licensed premises or within the entirely enclosed outdoor area designated as a Beer Garden.
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9. It shall be understood that any violation of state law or any violation under the City Code may be grounds to revoke or suspend both the license and any subclass license then held by the licensee.
10. Any subclass 1 license used pursuant to this section 3-3-1.4(n) must first be issued as a one-year probationary subclass 1 license under the terms and conditions of this subsection. A probationary subclass 1 license allows the sale of alcoholic beverages from an outdoor facility which complies with the limitations imposed by this section. A probationary subclass 1 license automatically expires on the first anniversary of its issuance and may not be renewed; however, at any time during the one-year probationary period, the Liquor Control Commission has the authority to revoke the probationary subclass 1 license if it determines that the outdoor facility has adversely affected the use and enjoyment of (1) any immediately adjacent property to the licensed premises, or (2) any building or structure designed for or devoted to or being used for any residential use located within 500 feet of the licensed premises. If, upon the expiration of a probationary subclass 1 license, the Liquor Control Commission finds that alcoholic beverages were regularly sold from and consumed within the authorized outdoor facility and that such sale and consumption did not adversely affect the use and enjoyment of (1) any immediately adjacent property to the licensed premises, or (2) any residentially used property located within 500 feet of the licensed premises, then the Liquor Control Commission may, in its sole discretion, issue a non- probationary subclass 1 license with respect to the licensed premises. The Liquor Control Commission may, in its sole discretion, grant a subclass 1 license to the holder of a probationary subclass 1 license at the end of the one-year probationary period, or renew a subclass 1 license at its expiration, notwithstanding the fact that the beer garden or outdoor facility does not comply with the minimum distance requirements for a subclass 1 license, if (i) the probationary subclass 1 license or the subclass 1 license was valid at the time of its issuance; and (ii) the beer garden or outside facility does not adversely affect the use and
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enjoyment of any immediately adjacent property to the licensed premises, or any building or structure designed for or devoted to or being used for any residential use located within 500 feet of the licensed premises, provided further that nothing in this paragraph shall be construed as granting any right to have a probationary subclass 1 license or a subclass 1 license extended or renewed, and nothing in this paragraph shall be construed as a limitation on the Liquor Control Commission to revoke or refuse to renew any probationary subclass 1 license during, or at the end of, the one-year probationary period.
(p) Subclass 2 licenses. In addition to the classes of license established in previous subsections, a subclass 2 license may be issued by the liquor control commission on any terms and conditions to be imposed for the safety of the citizens of East Peoria including without limitation the following:
(1) Subclass 2. A subclass 2 license may be approved only for holders of class D license located within one- hundred fifty (150) feet of a public marina. The subclass 2 license, if approved, permits the retail sale of alcoholic beverages in a beer garden as defined under 3-3-1.1. The annual fee shall be as specified in section 3-3-1.5. The application fee shall be as specified in section 3-3-1.8. Any application for a subclass 2 (beer garden) license must first be referred to the director of planning and community development to verify compliance with zoning regulations and the director of buildings and inspections to verify compliance with building codes. The application shall include a scale drawing of the proposed outdoor facility which addresses and details the following:
a. The seating area must be contained within a permanent fence or other suitable barrier measuring at least four (4) feet high and which defines the seating area and sets that area apart from the surrounding property. The fence or barrier shall prevent passage of alcoholic liquor from locations within the beer garden to locations outside the beer garden and shall restrict noise to the approved area.
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b. The square footage of the proposed beer garden cannot exceed the square footage of the existing structure. At least one side of the beer garden must be located within five feet of the licensed premises as measured from the outside wall of the licensed premises to the fence or barrier enclosing the beer garden, with the main entryway to the beer garden being no more 12 feet from an entryway into the licensed premises. The corridor between the main entryway of the beer garden and the closest entryway to the licensed premises must be open and unobstructed.
c. The proposed beer garden's appearance should be consistent with the character of the existing structure.
d. The existing structure must be in compliance with all applicable city codes prior to approval of the subclass 2 license.
e. The proposed beer garden must contain a reasonably substantial structure across which alcoholic liquor shall be served which shall afford bartenders reasonable protection from patrons, unless the outdoor facility is serviced directly by the indoor licensed premises.
f. The proposed beer garden must contain the locations of at least two (2) exits from the area in a manner as required by the city fire codes.
g. Service of alcoholic liquor to patrons in the outdoor location shall cease at least forty-five (45) minutes before the time for the cessation of service in section 3-3-4.2 for the particular class of license.
(2) The subclass 2 license shall not be issued for any premises located in the city, which is zoned as a residential district or zoned as B-1 pursuant to the Zoning Code of the City of East Peoria.
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(3) The subclass 2 license shall not, however, for any class of license, be issued to any premises that does not comply with the minimum distance requirement contained in sections 3-3-1.7 or 3-3-1.12 of this section even if the licensed premises is not presently in compliance with those sections. If a subclass 2 license is granted to any premises within seven hundred (700) feet of residentially zoned property, no live entertainment shall be permitted outside except live music performed without electronic amplification and by no more than two (2) instrumentalists plus a vocalist but only if the premises has otherwise obtained all licenses required under this Code.
(4) At no time shall a licensee permit any person to consume alcoholic liquor at any place other than in the licensed premises or within the entirely enclosed outdoor area designated as a beer garden.
(5) It shall be understood that any violation of state law or any violation under the City Code may be grounds to revoke or suspend both the license and any subclass license then held by the licensee.
(6) Any subclass 2 license used pursuant to this subsection 3-3-1.4(o) must first be issued as a one- year probationary subclass 2 license under the terms and conditions of this subsection. A probationary subclass 2 license allows the sale of alcoholic beverages from an outdoor facility which complies with the limitations imposed by this section. A probationary subclass 2 license automatically expires on the first anniversary of its issuance and may not be renewed; however, at any time during the one-year probationary period, the liquor control commission has the authority to revoke the probationary subclass 2 license if it determines that the outdoor facility has adversely affected the use and enjoyment of: (1) any immediately adjacent property to the licensed premises; or (2) any building or structure designed for or devoted to or being used for any residential use located within five hundred (500) feet of the licensed premises. If, upon the expiration of a probationary subclass 2 license, the liquor control commission finds that alcoholic beverages were regularly sold from and consumed within the authorized outdoor
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facility and that such sale and consumption did not adversely affect the use and enjoyment of: (1) any immediately adjacent property to the licensed premises; or (2) any residentially used property located within five hundred (500) feet of the licensed premises, then the liquor control commission may, in its sole discretion, issue a non-probationary subclass 2 license with respect to the licensed premises.
Section 3. Title 3, Chapter 3, Section 1.5 of the East Peoria City Code pertaining to license fees is hereby deleted in its entirety and the following is substituted in lieu thereof:
3-3-1.5. Licenses; fees.
(a) With the exception of a class F license for which a fee is charged per event, the fees due on or after May 1, 2018 for all licenses referred to in section 3-3-1.4 are as follows, subject to adjustment as provided in subsection (b) of this section:
Class 6 Mo Yearly A Taverns 625.00 1,250.00 B Package Liquor 725.00 1,450.00 C Hotel/ Motel 725.00 1,450.00 D Restaurants 725.00 1,450.00 E Beer & Wine Only Restaurants 725.00 1,450.00 G Package Liquor Beer & Wine ONLY 725.00 1,450.00 H Bowling Ally 725.00 1,450.00 V Veterans Organizations 190.00 380.00 Z Clubs 265.00 530.00 AS Art Studio 250.00 500.00 CC Convention Center 1,100.00 2,200.00 CR Caterer Retailer 725.00 1,450.00 RB Riverboats 725.00 1,450.00 Subclass 1 Beer Gardens 150.00 300.00 Subclass 2 Beer Gardens 150.00 300.00
(b) For fees due on May 1, 2019, and on each May 1 thereafter, the City Clerk shall adjust each fee established forc lass A, B, C, D, E, G, H, AS, CC, CR andRB in subsection (a) of this section (as previously adjusted from time to time by this subsection (b)) by adding to the per year fee in effect on the date of adjustment a sum equal to $25.00. For fees due on May 1, 2019 and on each May 1 thereafter, the City Clerk shall adjust each fee established forc lass V and Z in subsection (a) of s thi
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section (as previously adjusted from time to time by this subsection (b)) by adding to the per year fee in effect on the date of adjustment a sum equal to $10.00. The semi-annual fee after such adjustments shall be one-half of the per year fee. The City Clerk shall maintain a schedule of the fees as adjusted from time to time under authority of this subsection.
Section 4. Title 3, Chapter 3, Section 1.7 of the East Peoria City Code is hereby amended to read as follows (additions are indicated by underline, deletions by strikeout):
3-3-1.7. Licenses; application.
All applications for the licenses required by the preceding section shall be submitted in writing to the local liquor control commission and verified by affidavit. All applications shall set forth the following information and statements:
(a) Name, age and address. In the case of an individual, the name, age and address of the applicant; in the case of a co- partnership or association, the persons entitled to share in the profit thereof; and in the case of a corporation or club, the date of incorporation, the object for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such corporation is owned by one person or his nominee, the name and address of such person.
(b) Citizenship. The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization.
(c) Character and object of business. The character of the business of the applicant, and in the case of a corporation, the objects for which it was formed.
(d) Length of time in business. The length of time the applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued.
(e) Amount of goods, etc., on hand. The amount of goods, wares and merchandise on hand at the time of the application.
(f) Location. The location and description of the premises or place of business which is to be operated under the license.
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(g) Disposition of other applications. A statement whether the applicant has made similar application for a license on premises other than that described in this application, and the disposition of such application.
(h) Former conviction of felony. A statement that the applicant has never been convicted of a felony, and is not otherwise unqualified to receive a license by reason of any provision of this chapter, the laws of the state, or other ordinance of the city.
(i) Suspension or revocation of previous licenses. A statement whether a previous license by any state, or subdivision thereof, or by the Federal government has been revoked and the reasons therefor.
(j) Residence in city. A statement of the length of time the applicant, or if a corporation, the manager of the liquor business hereunder, has resided in the city prior to the submission of the application.
(k) Agreement not to violate ordinances, etc. A statement that, in the conduct of his place of business, the applicant will not violate any of the laws of the state or of the United States or any ordinance of the city.
(l) Location. A statement that the proposed location is not within five hundred (500) feet of any church, except for applications for class AS licenses which have no minimum space requirement; school; hospital; undertaking establishment; mortuary; home for aged or indigent persons or for veterans, their wives or children; or any military or naval station; provided, however, that in the case of hotels or motor courts offering restaurant services, regularly organized clubs or restaurants or package liquor stores, this minimum distance shall be one hundred (100) feet; provided, further, that the proposed location is not within one hundred (100) feet of any place of business where the majority of customers are minors or where the principal business transacted consists of school supplies, food, lunches or drinks for minors.
(m) Location. Except for applications for a class F license, a statement that the proposed location is in compliance with the zoning regulations of the city, including but not limited to the off-street parking and loading requirements of Title 5, Chapter 7 of the East Peoria City Code.
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If the application is made on behalf of a partnership, firm, association or club, or a corporation, then the same shall be signed and sworn to by at least two (2) members of the partnership or association, or the president and secretary of such corporation.
Section 5. Title 3, Chapter 3, Section 1.10 of the East Peoria City Code pertaining to the number of liquor licenses issued is hereby deleted in its entirety and the following is substituted in lieu thereof:
3-3-1.10. Licenses; limitation upon number issued.
So that the health, safety and welfare of the people of the city shall be protected and minors shall be prevented from the purchase of alcoholic liquors, and temperance in the consumption of alcoholic liquors shall be fostered and promoted:
(a) No additional class A licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than seventeensixteen (176);
(b) No additional class B licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than twenty-sixfive (265);
(c) Class C licenses may be issued without limit upon approval by the liquor control commission;
(d) No additional class D licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at that time shall be less than twenty-fivethree (253);
(e) No additional class E licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at that time shall be less than one (1);
(f) There may be only one class F license in force at any time;
(g) No additional class G licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than one (1);
(h) No additional class H licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than two (2);
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(i) Class V licenses may be issued without limit to those organizations qualifying upon approval by the liquor control commission;
(j) No additional class Z licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than one (1);
(k) No additional class AS licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than one (1);
(l) No additional class CC licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than one (1);
(m) No additional class CR licenses shall be issued as a stand- alone license or as a sublicense under the provisions of this chapter unless the number of such licenses in force at the time shall be less than four (4);
(n) No additional class RB licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than four (4);
(o) No additional subclass 1 licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than twenty-one (21);
(p) No additional subclass 2 licenses shall be issued under the provisions of this chapter unless the number of such licenses in force at the time shall be less than one (1).
Provided however, that upon the surrender and cancellation of an existing license, the local liquor control commission may reissue such license to a person who has purchased the business or premises of the prior licensee; and provided, further, that in the event of annexation of any territory to the city, in which territory there is located any business or property for which a valid county retail liquor license has been issued and in force at the date of such annexation, the local liquor control commission is empowered to authorize the issuance of a new license strictly under the provisions of this Code to the person named in the county retail liquor license issued for such business or property, notwithstanding the foregoing limitations upon the number of licenses to be issued.
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Section 6. Title 3, Chapter 3, Section 1.12 of the East Peoria City Code is hereby amended to read as follows (additions are indicated by underline, deletions by strikeout):
3-3-1.12. Limitation on location.
It shall be within the power of the local liquor control commission to determine what parts of the city constitute residential areas, herein referred to.
(a) The commission shall not issue any class A license for the sale of alcoholic liquor within five hundred (500) feet of any residential area; church; school; hospital; undertaking establishment;: mortuary; home for aged for indigent persons or for veterans, their wives or children; or any military or naval station; provided, however, that in the case of hotels or motor courts offering restaurant service, regularly organized clubs or restaurants, or package liquor stores applying for class B, C, D, E, H, V, Z, CC or RB, H or CC licenses, this minimum distance shall be one hundred (100) feet or except as otherwise provided in this chapter. Provided further, however, that in the case of a veteran's organizations applying for a class V license or in the case of an art studio applying for a class AS license, the minimum distance from any residential area shall be zero (0) feet. Provided further, however, that in the case of an art studio applying for a class AS license, the minimum distance from any church shall be zero (0) feet.
(b) No license shall be issued to any person for the sale of retail of any alcoholic liquor within one hundred (100) feet of any place of business where the majority of customers are minors or where the principal business transacted consists of the sale of school supplies, food, lunches or drinks for minors.
(c) Provided, however, that the provisions of this section shall not affect premises for which a valid license for the sale of alcoholic liquors is now in existence, and which is now being operated as an alcoholic liquor business by virtue of such license.
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Section 7. Title 3, Chapter 3, Section 4.2 of the East Peoria City Code is hereby amended to read as follows (additions are indicated by underline, deletions by strikeout):
3-3-4.2. Hours of sale; closing requirements.
(a) Except as set forth in subsections (b), (f) and (g) of this section, it shall be unlawful for any person to whom a class A, B, C, D, E, F, G, H, V, Z or RB license has been issued to sell or offer for sale at retail any alcoholic liquor in the city between the following hours:
(1) One o'clock (1:00) A.M. Monday and six o'clock (6:00) A.M. Monday;
(2) One o'clock (1:00) A.M. Tuesday and six o'clock (6:00) A.M. Tuesday;
(3) One o'clock (1:00) A.M. Wednesday and six o'clock (6:00) A.M. Wednesday;
(4) One o'clock (1:00) A.M. Thursday and six o'clock (6:00) A.M. Thursday;
(5) Two o'clock (2:00) A.M. Friday and six o'clock (6:00) A.M. Friday;
(6) Two o'clock (2:00) A.M. Saturday and six o'clock (6:00) A.M. Saturday;
(7) Two o'clock (2:00) A.M. Sunday and ten o'clock (10:00) A.M. Sunday.
(b) On the first Sunday in November, or on any other date specified by the state as a return to United States Standard Central Time, it shall be unlawful for any person to whom a class A, B, C, D, E, F, G, H, V, Z or RB license has been issued to sell or offer for sale at retail any alcoholic liquor in the city during the hours of one o clock (1:00) A.M. Central Standard Time and ten o'clock (10:00) A.M.
(c) It shall be unlawful to keep open for business or to permit the public to patronize any premises where alcoholic liquors are sold at retail during the hours within which the sale of such liquor is prohibited.
(d) The time for closing as set forth in subsections (a), (b) and (f) of this section shall be marked by:
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(1) The ceasing of all service at the bar of any alcoholic liquor;
(2) The ceasing of all service at the tables of any alcoholic liquor;
(3) The extinguishing of all electrical signs and decorative outdoor lights;
(4) The locking of the whole of such premises with respect to which a liquor license has been issued hereunder;
(5) The vacation of all patrons of said premises within fifteen (15) minutes thereafter, whether alcoholic liquor or food is being consumed, or not; provided, however, that this subsection shall not apply to the owner, manager, bartender, employees or watchmen; provided, further, that such persons so remaining do not consume any alcoholic liquor whatsoever.
(e) The premises of duly licensed hotels, restaurants and veterans organizations may be kept open during such hours; provided, that the following activities shall cease during the hours within which the sale of alcoholic liquor is prohibited;
(1) All service at the bar of any alcoholic liquor;
(2) All service at tables of any alcoholic liquor;
(3) All consumption by any person of any alcoholic liquor upon such licensed premises within fifteen (15) minutes thereafter.
(f) The hours of sale as set forth in subsection (a) of this section shall be extended one additional hour on New Year's Day, January 1, for any person to whom a class A, C, D, E, F, G, H, V, Z or RB license has been issued; provided, however, that sales of alcoholic liquor within the extended hour shall be for consumption on the licensed premises only.
(g) It shall be lawful for any person to whom a class RB license has been issued to sell, offer for sale at retail, or otherwise provide wine or champagne between the hours of nine o'clock (9:00) A.M. Central Standard Time and ten o'clock (10:00) A.M. on Sundays so long as such provision of wine or champagne is clearly incidental to the service of food in a setting generally referred to as a "champagne brunch" and the wine or champagne cannot be purchased and is not served except in conjunction with the purchase and service of the food.
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(h) For any licensee issued a class CR or subclass CR or class CC license, the provisions of subsections (a), (b) and (f) shall be applicable to said licensee, subject to the following additional limitations:
(1) All sales and service of alcoholic liquor shall cease at least 45 minutes prior to the time set forth in the written agreement for the conclusion of the private or public function or as otherwise provided by Code.
(2) Consumption of alcoholic liquors by any person upon the licensed premises shall be prohibited during the times specified in subsections (a), (b) or (f) and must in any event cease by the time set forth in the written agreement for the conclusion of the public or private function, or as otherwise provided by Code.
(i) It shall be unlawful for the holder of a class AS license to sell, offer for sale, or serve any alcoholic liquor before the hour of 10:00 a.m. or after the hour of 10:00 p.m. on any day, or during a time when the art studio is not open for a public or private event, or to anyone who has not paid the customary fee (if applicable) for attending the class session offered at the art studio.
Section 8. Title 3, Chapter 3, Section 4.7 of the East Peoria City Code is hereby amended to read as follows (additions are indicated by underline, deletions by strikeout):
3-3-4.7. Employment of minors.
No person licensed under this chapter shall employ or permit any minor person to act as agent, barkeeper, clerk, servant, employee or entertainer in or about the premises offering alcoholic or malt or vinaceous beverages except as otherwise provided in this section.
Holders of class C, D, E, and RB licenses may employ nineteen (19) and twenty (20) year old persons to serve alcoholic liquor to patrons if all of the following conditions are met:
(1) The primary duties of the nineteen (19), and twenty (20) year old persons are the serving of food and the servicing of patrons seated at tables.
(2) The service of alcoholic liquor is incidental to the service of food to patrons.
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(3) Service shall not be at a counter primarily used for serving drinks (i.e., bar).
(4) Nineteen (19) and twenty (20) year old employees shall not mix or prepare alcoholic drinks. The dispensing of beer or wine from a tap shall not be deemed to be mixing or preparing drinks within the terms of this section.
(5) Nothing in this section shall be interpreted as allowing any person to serve alcoholic liquor other than beer or wine in on a premises with a class E license.
(6) The licensed premises are, at all times, under the control of either the licensee or an adult agent or employee of the licensee. To be in control of the premises, an adult possessing those responsibilities and duties normally associated with a manager must be present on the premises.
Holders of class AS licenses may employ nineteen (19) and twenty (20) year old persons and they may serve beer and wine to patrons if the service of such beer and wine is incidental to the other services provided by the art studio and if the licensed premises are, at all times, under the control of either the licensee or an adult agent or employee of the licensee who is twenty-one (21) or older. To be in control of the premises, an adult possessing those responsibilities and duties normally associated with a manager must be present on the premises.
Section 9. 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 10. 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 11. 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.
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PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF ______, 2018.
APPROVED:
______Mayor
ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
35
TO: The Honorable Mayor and the City Council
THRU: Jeffery Eder, City Administrator
FROM: Ty Livingston, Director of Planning & Community Development
DATE: May 8, 2018
SUBJECT: Sale of 123 Berry
BACKGROUND: Last month, staff presented a resolution to permit the sale of 123 Berry through our listing agent, Aaron Cody. As of this past week, we have an offer that meets our required criteria of at least 80% appraised value. The appraisal for the property is for $22,000 and the offer here is for $18,000 plus $500 to cover the City Attorney’s fee to prepare an ordinance for the sale of the property.
This is a unique but ideal situation in that the property has an existing home on it. We’re hopeful the buyer will make the necessary repairs in short order and return this property to a habitable status. In the end, the City recoups its legal costs, avoids the costs associated with demolition and retains a property with a home on it.
RECOMMENDATION: Approval as requested.
ORDINANCE NO. 4391
AN ORDINANCE PROVIDING FOR THE SALE OF EXCESS CITY PROPERTY AT 123 BERRY STREET
WHEREAS, the City of East Peoria owns an excess parcel of property located at 123 Berry Street in East Peoria (with a Washington address) as described in Exhibit A, attached hereto and incorporated by reference, which includes a home structure and related accessory structures, and hereinafter referred to as the “Parcel”; and
WHEREAS, the City acquired the Parcel through the foreclosure and abandonment provisions of the “Unsafe Property” Division of Article 11 of the Illinois Municipal Code (65 ILCS 5/11-31-1, et seq.); and
WHEREAS, the City seeks to sell the Parcel pursuant to Section 11-76-4.1 of the Illinois Municipal Code (65 ILCS 5/11-76-4.1), which provides for the appraisal of the property by a certified or licensed appraiser and then the sale of the property by City Officials for no less than 80% of the appraised value, and the City has previously adopted and published Resolution No. 1718-126 authorizing the sale of the Parcel under the provisions of Section 11-76-4.1 of the Illinois Municipal Code; and
WHEREAS, the City has obtained an appraisal of the Parcel from a properly certified appraiser that appraises the Parcel at $22,000 in value; and
WHEREAS, the City has received an offer to purchase the Parcel for $18,000 from Mr. Donald Huffman pursuant to the Residential Sales Contract as provided in Exhibit B, attached hereto and incorporated by reference (the “Contract”); and
WHEREAS, under the terms of the Contract, Mr. Huffman will also pay $500 in closing costs that will assist the City with payment of legal fees related to this transaction; and
WHEREAS, the City hereby finds that it is in the best interests of the City to sell the Parcel (as excess City property) to Mr. Donald Huffman at the price of $18,000, which exceeds 80% of the appraised value of the Parcel;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. The City hereby declares that the Parcel is unnecessary for current City uses or operations and that this Parcel is hereby designated excess property of the City.
Section 2. The City hereby further declares that the public interest will be best served if the Parcel is sold to Mr. Donald Huffman pursuant to the Contract at a price of $18,000 plus $500 for associated closing costs.
Section 3. Upon receipt of the payment from Mr. Donald Huffman pursuant to the terms of the Contract as provided herein, the Parcel shall be transferred to Mr. Donald Huffman.
Section 4. The Contract for the sale of the Parcel is hereby approved, and the Mayor and City Clerk of the City of East Peoria are hereby authorized and instructed to execute the Contract and all documents necessary to effectuate the provisions of this Ordinance.
Section 5. The property sale and transfer under this Ordinance shall not be effective until the aforementioned Mr. Donald Huffman has paid to the City of East Peoria the total payment provided herein as the consideration for the acquisition and transfer of said Parcel.
Section 6. Upon receipt of consideration in the amount prescribed by Section 2 of this Ordinance, the Mayor and City Clerk are hereby authorized and directed to execute a Quit-Claim Deed conveying the interest in the Parcel to Mr. Donald Huffman.
PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION BY A TWO-THIRDS VOTE IN COMPLIANCE WITH SECTION 11-76-4.1 OF THE MUNICIPAL CODE (65 ILCS 5/11-76-4.1) THIS DAY OF ______, 2018.
APPROVED:
______Mayor
ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
2
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL (123 Berry Street, Washington)
Legal Description: Lot 170 in Sunnyland, a Subdivision of part of the Southwest Quarter of Section 19, Township 26 North, Range 3 West of the Third Principal Meridian, in the Township of Washington, as per Plat thereof recorded in Plat Book “A”, page 9; situated in Tazewell County and State of Illinois.
Tax I.D. No. 02-02-19-310-012
EXHIBIT B
RESIDENTIAL SALES CONTRACT (123 Berry Street, Washington)
Property Sale Exhibit Map Site Address: 123 Berry St., Washington, IL 61571
Legal Description: P.I.N.:02-02-19-310-012
PLEASANT ST
BERRY ST BERRY THEODORE ST THEODORE E
TO: The Honorable Mayor and the City Council
THRU: Jeffery Eder, City Administrator
FROM: Ty Livingston, Director of Planning & Community Development
DATE: May 8, 2018
SUBJECT: Vacation of Right of Way
BACKGROUND: Several months ago, staff was approached by the neighbors of this property in Brookland Subdivision off of Meadow. In checking with the team at Public Works, we don’t find any strategic value to the City in retaining this property. Also, this proposed vacation does not negate future development to the north of this area and extending Patricia and Greenwood Avenues to facilitate that potential growth.
The property would be vacated and attached to the neighboring properties as shown on the attached plats. A fee of $500 to each benefitting property owner will be assessed to cover the City’s costs for the City Attorney’s Office to prepare the necessary legal documents for the transaction and its approval.
RECOMMENDATION: Approval as requested.
ORDINANCE NO. 4392
AN ORDINANCE PROVIDING FOR THE VACATION OF THE JOOS STREET RIGHT-OF-WAY
WHEREAS, the Joos Street right-of-way extends for one block between Patricia Avenue and Greenwood Avenue in East Peoria, and the Joos Street right-of-way remains undeveloped and unimproved; and
WHEREAS, the City of East Peoria has determined that the Joos Street right-of- way between Patricia Avenue and Greenwood Avenue is excess property for the City and has no value or benefit to the City; and
WHEREAS, the City hereby finds that the public interest will be served by vacating the Joos Street right-of-way block between Patricia Avenue and Greenwood Avenue as described in Exhibit A and Exhibit C and depicted in Exhibit B and Exhibit D (Exhibits A through D attached hereto and incorporated by reference) and hereinafter collectively referred to as the “Vacated ROW”; and
WHEREAS, the Vacated ROW is located adjacent to the two parcels of property comprising Lots 6 and 11 in the Brooklane Subdivision in the City of East Peoria and hereinafter collectively referred to as the “Adjacent Properties” or individually as the “Adjacent Property”; and
WHEREAS, the City hereby finds that it is in the best interests of the City and the public interest to dispose of and vacate the Vacated ROW, as depicted in Exhibit B and Exhibit D, and vest ownership of this vacated street in accordance with Section 11-91-1 of the Municipal Code (65 ILCS 5/11-91-1) to the designated property owners of the Adjacent Properties as set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. That the Vacated ROW described in Exhibit A and shown in Exhibit B shall be and the same is hereby vacated with title upon vacation to vest in Janis Curley as sole owner of the eastern portion of the Adjacent Property described in Exhibit E, attached hereto and incorporated by reference, with such parcel being identified as follows:
PIN 05-05-01-311-004
Section 2. That the Vacated ROW described in Exhibit C and shown in Exhibit D shall be and the same is hereby vacated with title upon vacation to vest in The Judith I. Petefish Revocable Trust dated December 1, 1996, as sole owner of the western portion of the Adjacent Property described in Exhibit F, attached hereto and incorporated by reference, with such parcel being identified as follows:
PIN 05-05-01-311-001
Section 3. This Ordinance shall not be effective as to each respective owner of the Adjacent Property until the owner of the respective portion of the Adjacent Property has paid to the City the sum of $500 to cover the cost of completing the vacation of that portion of the Vacated ROW adjacent to that respective owner’s parcel of property identified herein.
Section 4. The Mayor and City Clerk of the City of East Peoria are hereby authorized and instructed to execute all documents necessary to effectuate the provisions of this Ordinance.
Section 5. This Ordinance shall be in full force and effect as to each respective owner of the Adjacent Properties from and after its passage by a vote of at least three- fourths (3/4) of the City Council holding office, its approval in the manner provided by law, and upon receipt of the payment prescribed by Section 3 of this Ordinance.
Section 6. Upon receipt of the payment prescribed by Section 3 of this Ordinance, the City Clerk is hereby directed to record this Ordinance among the land records in the Office of the Tazewell County Recorder of Deeds in a manner that reflects the payment by the respective property owner of the Adjacent Properties. The recording of this Ordinance in the Office of the Recorder of Deeds shall be deemed to be conclusive evidence that the City has received the payment prescribed by Section 3 of this Ordinance.
PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION BY THREE-FOURTHS (3/4) MAJORITY VOTE OF THE CITY COUNCIL THIS _____ DAY OF ______, 2018.
APPROVED:
______Mayor ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
2
EXHIBIT A
LEGAL DESCRIPTION OF VACATED RIGHT OF WAY – EASTERN PORTION
Part of Joos Street in Brooklane Subdivision being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 1, Township 25 North, Range 4 West of the Third Principal Meridian, Tazewell County, Illinois, more particularly described as follows:
Beginning at the Northeast corner of Lot 11 in said Brooklane Subdivision, thence North 89 degrees 43 minutes 09 seconds West, (bearings assumed for descriptive purposes), along the North line of said Lot 11, a distance of 120.00 feet to the Northwest corner of said Lot 11; thence North 01 degrees 18 minutes, 17 seconds West, along the West line of said Lot 11 extended North, a distance of 25.01 feet to the North line of said Brooklane Subdivision; thence South 89 degrees 43 minutes 09 seconds East, along said North line, a distance of 120.00 feet to the East line of said Lot 11 extended North; thence South 01 degrees 18 minutes 17 seconds East, along said line extended North, a distance of 25.01 feet to the Point of Beginning, said tract containing 3,000 square feet, more or less, subject to any easements, restrictions or reservations of record.
3
EXHIBIT B
PLAT OF VACATED RIGHT OF WAY – EASTERN PORTION
4
EXHIBIT C
LEGAL DESCRIPTION OF VACATED RIGHT OF WAY – WESTERN PORTION
Part of Joos Street in Brooklane Subdivision being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 1, Township 25 North, Range 4 West of the Third Principal Meridian, Tazewell County, Illinois, more particularly described as follows:
Beginning at the Northwest corner of Lot 6 in said Brooklane Subdivision, thence North 01 degrees 18 minutes 17 seconds West, (bearings assumed for descriptive purposes), along the West line of said Lot 6 extended North, a distance of 25.01 feet to the North line of said Brooklane Subdivision; thence South 89 degrees 43 minutes 09 seconds East, along said North line, a distance of 120.00 feet to the East line of said Lot 6 extended North; thence South 01 degrees 18 minutes 17 seconds East, along said line extended North, a distance of 25.01 feet to the Northeast corner of said Lot 6; thence North 89 degrees 43 minutes 09 seconds West, along the North line of said Lot 6, a distance of 120.00 feet to the Point of Beginning, said tract containing 3,000 square feet, more or less, subject to any easements, restrictions or reservations of record.
5
EXHIBIT D
PLAT OF VACATED RIGHT OF WAY – WESTERN PORTION
6
EXHIBIT E
DESCRIPTION OF ADJACENT PROPERTY – EASTERN PORTION OF VACATED ROW
Lot 11 in Brooklane Subdivision, being a part of the South Half of the Southeast Quarter of the Southeast Quarter of Section 1, Township 25 North, Range 4 West of the Third Principal Meridian, as shown by plat recorded in Plat Book “R”, Page 128, in the City of East Peoria, situated in Tazewell County, Illinois.
PIN: 05-05-01-311-004
Address of Property: 105 Greenwood Avenue, East Peoria, Illinois
7
EXHIBIT F
DESCRIPTION OF ADJACENT PROPERTY – WESTERN PORTION OF VACATED ROW
Lot 6 in Brooklane Subdivision, being a part of the South Half of the Southeast Quarter of the Southeast Quarter of Section 1, Township 25 North, Range 4 West of the Third Principal Meridian, as shown by plat recorded in Plat Book “R”, Page 128, in the City of East Peoria, situated in Tazewell County, Illinois.
PIN: 05-05-01-311-001
Address of Property: 108 Patricia, East Peoria, Illinois
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CERTIFICATE
I, Morgan Cadwalader, in and for the City of East Peoria, in the County of Tazewell and the State of Illinois and keeper of the records and files of the City of East Peoria as provided by statute do hereby certify the foregoing to be a true, perfect and complete copy of Ordinance No. 4392 passed by the City Council of the City of East Peoria at its regular meeting held on and approved by the Mayor of the City of East Peoria on . I further certify that the foregoing Ordinance has never been repealed and is in full force and effect as of the date of this certification.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the City of East Peoria at my office this day of , 2018.
City Clerk
(SEAL)
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401 W. Washington St. Resolution No. 1819-008 East Peoria, Illinois 61611 Phone: (309) 698-4715 Fax: (309) 698-4747 TO: The Honorable Mayor David Mingus and Members of the David W. Mingus Mayor City Council
COMMISSIONERS FROM: Ty Livingston, Director of Planning and Community Development
John P. Kahl and Matt Berger, IT Coordinator Public Health & Safety DATE: 5-4-2018 Gary R. Densberger Dept. of Accounts & Finance SUBJECT: Laserfiche licensing renewal Daniel S. Decker Dept. Streets & Public improvements DISCUSSION: The city uses Laserfiche for its electronic document storage/handling solution as well as online form processes. This Timothy J. Jeffers software has an annual maintenance cost associated with it. The Dept. Public Property ______software manufacturer only allows one vendor to resell their software business model for this software is to sell through a specific reseller Jeffery A. Eder and not allow other resellers. City Administrator
Morgan R. Cadwalader RECOMMENDATION: Renew the city’s Laserfiche licensing through City Clerk R&D Computer Systems for $12,622.70. Jeffrey M. Becker Director of Finance/Treasurer
Dick Ganschow Police Chief
Alan Servis Fire Chief Matt Berger IT Coordinator Ty Livingston Office: (309) 427-7741 Director of Planning and Email: [email protected] Community Development
Dennis W. Barron, Jr. Director of Public Works
Douglas E. McCarty Director of Tourism & Special Events
Dennis R. Triggs City Attorney
“EAST PEORIA-HOME OF THE FESTIVAL OF LIGHTS” RESOLUTION NO. 1819-008
East Peoria, Illinois , 2018
RESOLUTION BY COMMISSIONER ______
RESOLUTION APPROVING LASERFICHE SOFTWARE LICENSING RENEWAL FOR THE CITY
WHEREAS, the City’s uses Laserfiche Software for its electronic document storage and handling solution for use by all departments of the City; and
WHEREAS, the Laserfiche Software has an annual maintenance cost associated with it; and
WHEREAS, after an initial purchase, the software manufacturer only allows that vendor to resell their software; and
WHEREAS, R&D Computer Systems, LLC, the Laserfiche reseller, has offered to sell the license maintenance for the Laserfiche Software at a cost of $12,622.70; and
WHEREAS, it is in the best interests of the City to procure the Renewal of the Laserfiche Software Licensing;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the Mayor or his designee is hereby authorized and directed to execute all documents and make all payments necessary for the Renewal of the Laserfiche Software Licenses in a total amount not to exceed $12,622.70; provided, however, that the City shall have no obligation under the terms of this Resolution until all necessary documents have been delivered to the R&D Computer Systems, LLC.
APPROVED:
______Mayor ATTEST:
______City Clerk
2232 E. WASHINGTON ST. East Peoria, Illinois 61611 . Phone (309) 698-4716 FAX (309) 698-4730
Commissioners Dan Decker Tim Jeffers
TO: The Honorable Mayor and the City Council
THRU: Jeffery A. Eder, City Administrator
FROM Dennis W. Barron, Jr., Director of Public Works
DATE: May 9, 2018
SUBJECT: Adding Elmhurst Drive to Heat Scarification, Sealcoating, and GSB-88 Contracts
DISCUSSION: The Department of Public Works in cooperation with Commissioner Decker and Patrick Meyer Engineering, have agreed to add Elmhurst Drive in Sunnyland area to the required street maintenance projects for this 2018 season. Crestlawn Drive and Monterey Drive have already been completed.
It has been estimated by Patrick Meyer Engineering that the cost of adding this road to the needed repair schedule will cost an estimated $120,000 in funds. There is currently $60,000 that is already appropriated from the MFT street maintenance resolution. The additional $60,000 will come from the standard street repairs and maintenance budget line (11-00-0122). This is part of the $165,000 increased street maintenance dollars from the ½% sales tax increase.
RECOMMENDATION: Approve $60,000 expense estimate for the heat scarification, Sealcoating, and GSB-88 street maintenance process from the Street Repair and Maintenance budget (11-00- 0122).
“EAST PEORIA-HOME OF THE FESTIVAL OF LIGHTS” RESOLUTION NO. 1819-012
East Peoria, Illinois ______, 2018
RESOLUTION BY COMMISSIONER
WHEREAS, it is necessary to repair Elmhurst Drive from Holly Drive to Siesta Drive (the “Project”); and
WHEREAS, the City has previously awarded contracts to the contractors who submitted the lowest responsible bids for work under the City’s 2018 Street Maintenance Program that is funded by the City’s annual allotment of MFT (Motor Fuel Tax) Funds; and
WHEREAS, pursuant to the award of contracts under the City’s 2018 Street Maintenance Program, American Asphalt Surface Recycling, Inc., Porter Brothers, and American Road Maintenance are under contract with the City (the “Maintenance Contracts”); and
WHEREAS, each of these contractors – American Asphalt Surface Recycling, Inc.; Porter Brothers; and American Road Maintenance – have committed to complete the Project based upon the unit prices established in the Maintenance Contracts at the indicated costs in such contracts to be paid from remaining MFT Funds Tax Funds available for FY 2018-2019 in the amount of $60,000, with an additional $60,000 from other available City funds being used to complete the Project;
WHEREAS, Patrick N. Meyer & Associates, Inc. (the “Engineer”) has agreed to perform engineering services for the Project in the same manner and under the same cost structure as the contract for engineering services previously awarded for the 2018 Street Maintenance Program;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his designee is hereby authorized and directed to enter into agreements in such form as the Mayor in his discretion may approve with the aforementioned Contractors and with the Engineer for the Project at the indicated cost based upon unit prices established in the Maintenance Contracts at a total cost of $120,000.00; provided, however, that the City shall have no obligation under the terms of this Resolution until executed originals of such contracts have been delivered to the respective Contractors and to the Engineer.
APPROVED:
______Mayor ATTEST: ______City Clerk
2232 E. WASHINGTON ST. East Peoria, Illinois 61611 . Phone (309) 698-4716 FAX (309) 698-4730
Commissioners Dan Decker Tim Jeffers
TO: The Honorable Mayor and the City Council
THRU: Jeffery A. Eder, City Administrator
FROM Dennis W. Barron, Jr., Director of Public Works
DATE: May 7, 2018
SUBJECT: 2019 Ford F250 3/4-Ton Service Truck for the Water Department
DISCUSSION: There is a need to purchase a new Water department service truck for the water service position. This will allow the current water service truck to move into water distribution, the current water distribution truck to move to wastewater, the current wastewater truck to move to solid waste toter delivery to provide them with a newer vehicle for the new recycling delivery process. Their current assigned truck is over 25 years old.
Uftring Chevrolet has supplied the following bid: New 2019 Ford F250 ¾-ton chassis and a Knapheide 8’ Service body in the amount of $33,777.00. Please see the attached proposal. The Municipal Government discount applies. This vehicle will be ordered immediately and will not deliver until September/October. The other quote was $ 3,024 more for a 2017 new Ford F250 truck that was in- stock for quicker delivery.
RECOMMENDATION: Accept proposal submitted by Uftring Ford to purchase one new 2019 Ford F250 ¾ -ton service truck for $33,777.00.
“EAST PEORIA-HOME OF THE FESTIVAL OF LIGHTS” RESOLUTION NO. 1819-010
East Peoria, Illinois ______, 2018
RESOLUTION BY COMMISSIONER
WHEREAS, the City is in need of a new service truck for the Public Works Water Department; and
WHEREAS, Uftring Ford has offered to provide the City a new 2019 Ford F250 3/4-Ton chassis and a Knapheide eight-foot service body (the “Truck”) at a cost of $33,777.00, as specified at Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, the City hereby finds that it is in the best interest of the City to accept this bid from Uftring Ford for the purchase of the Truck;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the purchase of the Truck is hereby approved and the City Administrator or his designee is hereby authorized and directed to enter into an agreement with Uftring Ford under terms and conditions approved by the Mayor for the purpose of acquiring the Truck as specified at a cost of $33,777.00; provided, however, that the City shall have no obligation under the terms of this resolution until an executed original of such agreement has been delivered to Uftring Ford.
APPROVED:
______Mayor
ATTEST:
______City Clerk
EAST PEORIA FIRE DEPARTMENT 201 W. Washington Street East Peoria, IL 61611
Phone: (309) 427-7671
TO: The Honorable Mayor and City Council
THRU: Jeffery A. Eder City Administrator
FROM: Chief Al Servis
DATE: Tuesday, May 1, 2018
SUBJECT: Imagetrend Software Annual Contract
DISCUSSION: The East Peoria Fire Department switched from Firehouse Software to Imagetrend per resolution 1617-073 on October 18,2016 for running and administration of our Fire and EMS reports. The ongoing fee schedule was set at $ 12,148.85 annually. This is a budgeted item and was included in our current year; Line Item 04000049 Information Technology.
RECOMMENDATION: I recommend the city council approve, at their next meeting, invoice 111324 from Imagetrend in the amount of $ 12,148.85 for this previously budgeted item.
RESOLUTION NO. 1819-009
East Peoria, Illinois , 2018
RESOLUTION BY COMMISSIONER
WHEREAS, the Fire Department transitioned from use of the Firehouse Software program for running and administering many of the operational aspects of the Fire Department to the ImageTrend software program (Elite EMS) in the Fall of 2016; and
WHEREAS, the Fire Department negotiated a software licensing agreement with ImageTrend Inc., including related exhibits, for the implementation of the ImageTrend software program for the Fire Department’s operations, as provided in Exhibit B attached hereto, approved by Resolution No. 1617-073 on October 18, 2016; and
WHEREAS, the quote for the licensing renewal for the City’s current fiscal year (2018-19) to use the ImageTrend software program for the Fire Department is $12,148.85, as provided in Exhibit A (Invoice) attached hereto; and
WHEREAS, the City’s Budget for Fiscal Year 2018-19 provides sufficient funds for the licensing renewal of the ImageTrend software program; and
WHEREAS, it is in the best interests of the City and the Fire Department’s operations to renew the user license for the ImageTrend software program as provided in Exhibit A attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the licensing renewal of the ImageTrend software program is hereby approved, and the City Treasurer is authorized and directed to pay the sum of $12,148.85 to ImageTrend, Inc. for the software licensing services.
APPROVED:
Mayor
ATTEST:
______City Clerk
Exhibit B
SOFTWARE LICENSING AGREEMENT
CONTRACT No.: 213929
BETWEEN
EAST PEORIA FIRE DEPARTMENT 201 WEST WASHINGTON ST EAST PEORIA, IL 61611
AND
IMAGETREND, INC. 20855 KENSINGTON BLVD. LAKEVILLE, MN 55044 I MAGE TREND° THIS AGREEMENT is made and entered into on the date last written below, by and between the ImageTrend, Inc., a Minnesota corporation( hereinafter" IMAGETREND"), and East Peoria Fire Department( hereinafter" CLIENT").
RECITALS
WHEREAS, IMAGETREND owns the software system known SOFTWARE; and
WHEREAS, CLIENT desires to obtain the license of the Software mentioned above; and
WHEREAS, IMAGETREND is willing to provide CLIENT with a non-exclusive license of the Software on the terms and conditions contained herein;
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. DEFINITIONS. Authorized personnel" means employees of CLIENT that use the Software in the scope of their employment, or CLIENT's contractors where the contractor's services must necessarily require access to the Software. Personnel who intend to: reverse engineer, disclose, or use or acquire for any purpose not in the scope of the personnel's employment or necessary for contractor services, any Confidential Information are not Authorized Personnel.
Confidential information" means the proprietary products and trade secrets of IMAGETREND and/or its suppliers, including, but not limited to, computer software, code, technical parameters, price lists, customer lists, designs, software documentations, manuals, models and account tables, and any and all information maintained or developed by CLIENT pursuant to this AGREEMENT which is deemed confidential under existing state and/or federal law.
Custom Development" means that CLIENT contracts IMAGETREND through a signed and accepted Statement of Work to customize the software. Each CLIENT shall have the non- exclusive license to utilize such software. Such software may then become a part of the core product and be distributed. Custom Development may require ongoing support and/or hosting and shall be subject to support and/or hosting fee increases. IMAGETREND maintains ownership of all Custom Development.
ePCR" means an Electronic Patient Care Report
ImageTrend Elite Data Marts" means the relational database(s) that contain an enhanced and simplified reporting- ready format of the transactional data collected within ImageTrend Elite. The Elite Data Marts are available for use with the ImageTrend Elite Reporting Tools.
ImageTrend Elite Reporting Tools" means the Transactional Report Writer, Visual Informatics, Analytical Chart Reporting Tool and Analytical Tabular Reporting Tool in the Software that are based on a set of Elite Data Marts.
Incident(s)" means an instance where the CLIENT sends a vehicle to a potential or actual patient.
Licensed Information" means any information pertaining to the Software which is owned by IMAGETREND and is licensed to CLIENT. Licensed Information includes such information as input form,
September 13, 2016 www. imactetrend. com Page 1 2 user manuals and user documentation, interface format and input/output format, and any other materials pertaining to the Software.
Perpetual License" means an unlimited use of software without rights for resale.
Reference" means referral in the promotion of IMAGETREND' S software to other potential CLIENTS.
Run( s)" means an incident where the CLIENT sends a vehicle to a potential or actual patient.
Software" means the computer program( s) in machine readable object code form listed in Exhibit" A", including the executable processing programs comprising the various modules from the Software and the Licensed Information.
Statement of Work" means the technical document which outlines mutually agreed upon system specification for Custom Development and associated costs, payment terms and acceptance procedures. This document requires CLIENT acceptance and signature prior to beginning work.
Support" means interactive telephone and e- mail support, computer based online training, product upgrades and enhancements, along with defect corrections, delivered from IMAGETREND' s offices.
Upgraded Version" means the Licensed Software and/or Licensed Information to which updates, enhancements, corrections, installations of patches or other changes have been made. The exterior form of the Updated Version is reflected by changes to the version numbers.
SECTION 2. TERM OF AGREEMENT. The term of this AGREEMENT shall be one year(s) from signature date, subject to Section 13 of this AGREEMENT. This AGREEMENT shall be subject to automatic annual renewal unless terminated by either party as provided in Section 13, below.
SECTION 3. GRANT OF LICENSE. A. NON- EXCLUSIVE PERPETUAL USE LICENSE. In accordance with the terms and conditions hereof, IMAGETREND agrees to grant to CLIENT and CLIENT agrees to accept a non-transferable and non- exclusive perpetual use license of the Software. During the term of the AGREEMENT, the CLIENT shall have access to the Software, which will be installed on servers at the IMAGETREND hosting facility and subject to the Service Level Agreement attached as Exhibit B. CLIENT expressly acknowledges that all copies of the Software and/ or Licensed Information in any form provided by IMAGETREND to CLIENT hereunder are the sole property of IMAGETREND and/ or its suppliers, and that CLIENT shall not have any right, title, or interest to any such Software and/ or Licensed Information or copies thereof except as provided in this AGREEMENT.
B. IMAGETREND ELITE DATA MARTS NON- EXCLUSIVE USE LICENSE In accordance with the terms and conditions hereof, IMAGETREND agrees to grant the use of the ImageTrend Elite Data Marts only via ImageTrend Elite Reporting Tools as included and detailed in Exhibit A. This AGREEMENT does not give the CLIENT the rights to access and query the ImageTrend Elite Data Marts directly using SQL query tools, reporting tools, ETL tools, or any other tools or mechanisms. Direct access to ImageTrend Elite Data Marts is available via separately-priced product and service offerings from IMAGETREND. This Section 3. B, is subject to the Non- Exclusive Use License as covered in Section 3.A and terms of this AGREEMENT.
September 13, 2016 www. imaoetrend. com Page 13 C. PROTECTION OF SOFTWARE AND LICENSED INFORMATION. CLIENT agrees to respect and not to, nor permit any third-party to, remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software or Licensed Information, and to reproduce and include the same on each authorized copy of the Software and Licensed Information.
CLIENT shall not nor shall CLIENT permit any third-party to, copy or duplicate the Software or any part thereof except for the purposes of system backup, testing, maintenance, or recovery. CLIENT may duplicate the Licensed Information only for internal training, provided that all the names, trademark rights, product names, copyright statement, and other proprietary right statements of IMAGETREND are reserved. IMAGETREND reserves all rights which are not expressly granted to CLIENT in this AGREEMENT.
CLIENT shall not, nor shall CLIENT permit any third- party to, modify, reverse engineer, disassemble, or decompile the Software, or any portion thereof, and shall not use the software or portion thereof for purposes other than as intended and provided for in this AGREEMENT.
D. DATA OWNERSHIP AND DATA PROTECTION. All CLIENT data collected with IMAGETREND Software remains at all times the property of the CLIENT. IMAGETREND will not to use or make available any personally identifiable information other than for administering the CLIENT'S account and collecting usage statistics in order to improve our products and services specifications. During the term of this AGREEMENT and after termination or expiration of this AGREEMENT, IMAGETREND will not in any way transfer to any third party or use in direct or indirect competition with the other party any information or data posted by CLIENT's and others on IMAGETREND's website and acknowledges that all such information is confidential. CLIENT shall have access to creative tools within the Elite Software platform. Use of these features is conditioned upon assignment to IMAGETREND of all copyrights in any work created within and using the Elite software platform, the terms of use for such creative tool features will prompt all users upon first use to agree to terms of use; those terms are hereby incorporated as part of this AGREEMENT and valid whether accepted before or after execution of this AGREEMENT. Please contact IMAGETREND for a copy of these terms prior to final acceptance of this AGREEMENT, if necessary.
E. CLIENT DATA. Within thirty( 30) days after the expiration of this AGREEMENT, the termination of this AGREEMENT, or IMAGETREND is no longer in business, IMAGETREND will deliver to the CLIENT its data, in machine readable format, on appropriate media, at the CLIENT's option. If the CLIENT wants the data to be delivered in a medium other than tape or CD, IMAGETREND shall do its best to accommodate the CLIENT, provided the CLIENT shall provide the medium on which the data is to be provided and shall pay for any additional cost incurred by IMAGETREND in accommodating this request.
SECTION 4. SOFTWARE ABSTRACT. A. The IMAGETREND Elite contains and stores the data elements of an emergency medical database, including data schema and values that may originate from traditional computer aided dispatch ( CAD) sources and data values that may be used in billing from pre-hospital patient care. The emergency medical database may contain certain vehicle transport information but does not contain data elements and/or values specific to the vehicle path tracking such as automatic vehicle location ( AVL) or third party AVL integrations. The emergency medical
September 13, 2016 www.imagetrend. com Page 14 database does support integrations to third party CAD and billing solutions. The emergency medical database does not support any AVL, CAD or billing functions executed directly from the database. CLIENT shall not use IMAGETREND Software to integrate patient information from a clinical encounter associated with a patient incident requiring emergency medical care by the emergency transport crew with flight information relating to an emergency transport crew dispatch to produce an encounter record indicative of the patient's clinical encounter. B. The IMAGETREND Elite contains and stores the data elements of an emergency medical database as defined, described and mandated by the National EMS Information System NEMSIS). The dataset was adopted by IMAGETREND for State and local regulatory authorities as required by NEMSIS. The NEMSIS data schema and elements are the sole work of the NEMSIS organization in conjunction with the National Highway Traffic Safety Administration NHTSA). The NEMSIS dataset contains data elements and data structures originating and potentially owned by a number of nonprofit third party organizations and government agencies such as the World Health Organization ( ICD 9 and ICD 10), International Health Terminology Standards Development Organization ( SNOMED), U. S Department of the Interior and U. S. Geological Survey ( GNIS), National Institute of Standards and Technology ( FIPS), Health Level Seven International ( HL7), Joint APCO/ NENA Data Standardization Working Group (AACN). The NEMSIS dataset offers customer driven extensibility that allows the end user to extend and define the dataset at their own discretion.
SECTION 5. SERVICES PROVIDED BY IMAGETREND. A. SUPPLY OF SOFTWARE AND LICENSED INFORMATION. IMAGETREND shall provide CLIENT software and services as detailed in Exhibit A.
B. MODIFICATIONS, IMPROVEMENTS AND ENHANCEMENTS. During the terms of this AGREEMENT and any extensions under Section 2, IMAGETREND will provide CLIENT with error corrections, bug fixes, patches or other updates to the Software in object code form, to the extent available in accordance with IMAGETREND's release schedule. If CLIENT desires to add new functions or make enhancements to the Software, CLIENT must, for additional consideration, negotiate with IMAGETREND to develop new functions or improvements to the existing Software. All such error corrections, bug fixes, patches, updates, or other I improvements or modifications shall be the sole property of IMAGETREND.
C. INSTALLATION, INTRODUCTORY TRAINING AND DEBUGGING. 1. IMAGETREND shall provide CLIENT with start-up services such as the installation and introductory training relating to the Software, and, if necessary, initial debugging services. 2. " Train-the-trainer" training for administrators as detailed in Exhibit A. Additionally, online training videos and user guides in electronic format will be made available. 3. Introductory training relating to the Software as detailed in Exhibit A. The parties may enter into a supplemental written AGREEMENT in the event CLIENT desires that IMAGETREND provide additional training.
SECTION 6. MAINTENANCE AND SUPPORT. A. Application use support as detailed in Service Level Agreement Exhibit B. B. Server hosting environment is monitored and supported 24/7. Emergency support information is available on the IMAGETREND Support site for emergency purposes. Non-emergency related contact may be charged to the CLIENT.
September 13, 2016 www.imaaetrend. com Page 15 C. Maintenance of IMAGETREND software, which includes scheduled updates and new releases, as well as defect correction as needed, is included. Specific out-of-scope system enhancement requests will be reviewed with the CLIENT and subject to approval if additional charges are necessary.
SECTION 7. FEES. A. Except as otherwise provided in this AGREEMENT, IMAGETREND shall offer the Products and the Services at the prices set forth on Exhibit A. i) IMAGETREND will perform price increases of the recurring fees. The first price increase will occur with the fees due for Year 3. These price increases will occur once every year and may not exceed 3% of the price then currently in effect.
B. The fees for this contract are as detailed in the attached Exhibit A.
C. At any time during this AGREEMENT, the CLIENT may contract with IMAGETREND for additional software and services not covered in this AGREEMENT with fees to be negotiated on an item- by-item basis. The CLIENT may contract Custom Development by IMAGETREND for additional fees as outlined and agreed to in a signed and accepted Statement of Work.
D. If there is a delay in acceptance on the remaining items for longer than 60 days, IMAGETREND has the option to invoice the remaining balance on any or all of the open items for Year 1 and begin the Recurring Fees schedule.
SECTION 8. PROTECTION AND CONFIDENTIALITY. A. ACKNOWLEDGEMENT. CLIENT hereby acknowledges and agrees that the Software and Licensed Information provided hereunder constitute and contain valuable proprietary products and trade secrets of IMAGETREND and/or its suppliers, embodying substantial creative efforts and confidential information, ideas and expressions. Accordingly, CLIENT agrees to treat( and take precautions to ensure that its authorized personnel treat) the Software and Licensed Information as confidential in accordance with the confidentiality requirements and conditions set forth below. CLIENT acknowledges and agrees that CLIENT shall not permit any non-Authorized User from accessing the Software made available to the CLIENT.
B. MAINTENANCE OF CONFIDENTIAL INFORMATION. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own ( at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that the provisions of this Section 8 shall not apply to information which: ( i) is in the public domain; ( ii) has been acquired by CLIENT by normal means upon the disclosure of the information by IMAGETREND; (iii) is duly obtained by CLIENT directly or indirectly from a third party who has independently developed the information and is entitled to disclose the information to CLIENT, and such disclosure does not directly or indirectly violate the confidentiality obligation of such third party; or( iv) becomes known publicly, without fault on the part of CLIENT, subsequent to the receipt of the information by CLIENT.
September 13, 2016 www. imaaetrend. com Page 16 C. SURVIVAL. This Section 8 shall survive the termination of this AGREEMENT or of any license granted under this AGREEMENT.
SECTION 9. WARRANTIES. A. PERFORMANCE. IMAGETREND warrants that the Software will conform to the specifications as set forth in the Licensed Information. However, this warranty shall be revoked in the event that any person other than IMAGETREND and its agents make any unauthorized amendment or change to the Software in any manner.
B. OWNERSHIP. IMAGETREND represents that it is the owner of the entire right, title, and interests in and to the Software, and that it has the sole right to grant licenses thereunder, and that it has not knowingly granted licenses thereunder to any other entity that would restrict rights granted hereunder to CLIENT.
C. LIMITATIONS ON WARRANTY. All of IMAGETREND' s obligations under this Section 9 shall be contingent on CLIENT's use of the Software in accordance with this AGREEMENT and in accordance with IMAGETREND' s instructions as provided by IMAGETREND in the Licensed Information, and as such instructions may be amended, supplemented, or modified by IMAGETREND from time to time. IMAGETREND shall have no warranty obligations with respect to any failures of the Software which are the result of accident, abuse, misapplication, extreme power surge or extreme electromagnetic field.
The express warranties provided herein are the only warranties made by IMAGETREND with respect to the Software and supersede all other express or implied warranties, including, but not limited to, any warranties of merchantability and warranties for any special purpose.
SECTION 10. LIMITATION OF LIABILITY. Unless otherwise provided in this Section 10, CLIENT's exclusive remedy for any damages or losses arising out of IMAGETREND' s breach of warranties shall be, at IMAGETREND's option, either( i) immediate release from the AGREEMENT; or( ii) repair of the Software.
SECTION 11. INDEMNIFICATION. A. INDEMNITY
IMAGETREND ( which includes its agents, employees and subcontractors, if any) agrees to indemnify CLIENT, as well as any agents thereof from all damages, judgments, loss and expenses, but not including consequential or incidental damages arising out of:
I) any personal injuries, property damage, or death that CLIENT may sustain while using IMAGETREND' s, as well as any agents thereof, controlled property or equipment in the performance of this AGREEMENT; or ii) any personal injury or death which results or increases by any action taken to medically treat CLIENT agents, employees and subcontractors; or iii) any personal injury, property damage or death that CLIENT may sustain from any claim or action brought against CLIENT, as well as any agents thereof arising out of the negligence or recklessness of IMAGETREND in the performance of this AGREEMENT,
September 13, 2016 www.imacietrend. com Page 17 Except for the foregoing claims, CLIENT, as well as any agents thereof agrees to indemnify, defend, and hold harmless IMAGETREND from all claims, lawsuits, damages, judgments, loss, liability, or expenses, arising out of any claim or action brought against IMAGETREND arising out of the negligence or recklessness of CLIENT, as well as any agents thereof in the performance of this AGREEMENT.
B. ENTIRE LIABILITY
SECTION 11 ( A) ABOVE STATES THE PARTIES ENTIRE LIABILITY THE PARTIES SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OF INDEMNIFICATION. SECTION 9 OF THIS AGREEMENT STATES THE FULL EXTENT OF IMAGETREND' S WARRANTY AND SECTION 11( A) PROVIDES NO ADDITIONAL WARRANTY OF ANY KIND. ANY OTHER WARRANTY, EXPRESS OR IMPLIED OUTSIDE OF THIS AGREEMENT, INCLUDING THOSE ARISING OUT OF THE UNIFORM COMMERCIAL CODE, ARE WAIVED.
SECTION 12. INSURANCE REQUIREMENTS. IMAGETREND will provide standard insurance coverage as detailed in a Certificate of Insurance, if requested.
SECTION 13. TERMINATION. A. TERMINATION WITHOUT CAUSE. Following the expiration of the original term of this AGREEMENT, either party shall have the right to terminate this AGREEMENT, without cause, by giving not less than sixty( 60) days written notice of termination.
B. CUSTOM DEVELOPMENT TERMINATION Either party shall have the right to terminate any Custom Development portion(s) of this AGREEMENT, without cause, by giving not less than thirty( 30) days written notice of termination.
C. TERMINATION FOR CAUSE. This AGREEMENT may be terminated by the non- defaulting party by giving not less than thirty 30) days written notice of termination if any of the following events of default occur: (i) if a party materially fails to perform or comply with this AGREEMENT or any provision hereof; (ii) if either party fails to strictly comply with the provisions of Section 8 , above, or makes an assignment in violation of Section 15, below; (iii) if a party becomes insolvent or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; ( iv) if a petition under any foreign, state, or United States bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended from time to time, is filed by a party; or( v) if such a petition is filed by any third party, or an application for a receiver is made by anyone and such petition or application is not resolved favorably within ninety( 90) days.
SECTION 14. COOPERATIVE USE Public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the CLIENT are eligible to participate in any subsequent Agreement. The parties agree that these lists are subject to change. Any such usage by other municipalities and government agencies must be in accord with the ordinance, charter, rules and regulations of the respective political entity and with applicable State and Federal laws.
Any orders placed to, or services required from IMAGETREND will be requested by each participating agency. Payment for purchases made under this Agreement will be the sole responsibility of each participating agency. The CLIENT shall not be responsible for any disputes arising out of transactions made by others. IMAGETREND shall be responsible for correctly administering this Agreement in
September 13, 2016 www.imaaetrend. com Page 18 accordance with all terms, conditions, requirements, and approved pricing to any eligible procurement unit.
SECTION 15. NONASSIGNABILITY. CLIENT shall not assign this AGREEMENT or its rights hereunder without the prior written consent of IMAGETREND.
SECTION 16. GOVERNING LAW. The parties agree that the law governing this AGREEMENT shall be that of the State of Minnesota without regard to its conflict of laws principles.
SECTION 17. COMPLIANCE WITH LAWS. IMAGETREND shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments.
SECTION 18. WAIVER. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this AGREEMENT or of any subsequent default or breach of the same or a different kind.
SECTION 19. NOTICES. All notices and other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and addressed to the respective parties as follows:
TO CLIENT: East Peoria Fire Department 201 West Washington St East Peoria, IL 61611
ATTENTION: Ryan Beck
TO IMAGETREND: ImageTrend, Inc. 20855 Kensington Blvd. Lakeville, MN 55044
ATTENTION: Mike McBrady
Notice shall be deemed effective on the date personally delivered or, if mailed, three( 3) days after deposit in the mail.
SECTION 20. FORCE MAJEURE. Neither party shall be liable in damages or have the right to terminate this AGREEMENT for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions( including the denial or cancellation of any export or other necessary license), wars, insurrections and/ or any other cause beyond the reasonable control of the party whose performance is affected.
September 13, 2016 www.imagetrend. com Page 19 1/2
SECTION 21. ARBITRATION. Any dispute between IMAGETREND and CLIENT under this AGREEMENT shall be resolved by arbitration by an arbitrator selected under the rules of the American Arbitration Association( MINNESOTA) and the arbitration shall be conducted in that same location under the rules of said Association. If an arbitrator cannot be agreed upon by the parties, IMAGETREND and CLIENT shall each choose an arbitrator, and those two chosen arbitrators shall choose a third arbitrator, who shall preside over any dispute. IMAGETREND and CLIENT shall each be entitled to present evidence and argument to the arbitrator. The arbitrator shall have the right only to interpret and apply the provisions of this AGREEMENT and may not change any of its provisions. The arbitrator shall permit reasonable pre- hearing discovery of facts, to the extent necessary to establish a claim or a defense to a claim, subject to supervision by the arbitrator. The determination of the arbitrator shall be conclusive, final and binding upon the parties and judgment upon the same may be entered in any Minnesota court having jurisdiction thereof. The arbitrator shall give written notice to the parties stating his determination, and shall furnish to each party a signed copy of such determination. IMAGETREND and CLIENT shall equally share the cost of the arbitrator(s) fees. The arbitrator may award reasonable costs and expenses, including reasonable attorney fees, to the prevailing party.
SECTION 22. INTERPRETATION. This AGREEMENT has been negotiated between persons sophisticated and knowledgeable in the matters dealt with in this AGREEMENT. Each party further acknowledges that it has not been influenced to any extent whatsoever in executing this AGREEMENT by any other party hereto or by any person representing it, or both. Accordingly, any rule or law or legal decision that would require interpretation of any ambiguities in this AGREEMENT against the party that has drafted it is not applicable and is waived. The provisions of this AGREEMENT shall be interpreted in a reasonable manner to effect the purpose of the parties and this AGREEMENT.
SECTION 23. SIGNATOR' S WARRANTY AND ACCEPTANCE BY PERFORMANCE. Each party warrants to each other party that he or she is fully authorized and competent to enter into this AGREEMENT, in the capacity indicated by his or her signature and agrees to be bound by this AGREEMENT. CLIENT understands and agrees that if CLIENT accepts any Software, goods, or services from IMAGETREND prior to IMAGETREND receiving a final, mutually signed copy of this AGREEMENT, that CLIENT has accepted this AGREEMENT and all of its terms and conditions.
SECTION 24. PRIOR AGREEMENTS AND AMENDMENTS. This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may only be modified by a written amendment duly executed by the parties to this AGREEMENT.
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September 13, 2016 www. imagetrend. corn Page 110 WITNESS THE EXECUTION HEREOF on the day and year last written below.
APPROVED AS:
EAS f(P 14I IRE DEPARTMENT" IMA ETRE i " l / . B \// r By J i i ' 1111. v , 7 Name: ' i.t/ /'' I Name: '__LisE/01 cBrad 11111
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September 13, 2016 www.imaQetrend. com Page 111 EXHIBITS
EXHIBIT A— Pricing Agreement
EXHIBIT B— Service Level Agreement
EXHIBIT C— HIPAA Business Associate Agreement
EXHIBIT D— Insurance Certificate
EXHIBIT E— Tax Exemption Certificate
September 13, 2016 www.imagetrend. com Page 1 12 EXHIBIT A- PRICING AGREEMENT
IMAGETREND' s license and annual support are based upon 3, 500 annual incidents as provided by CLIENT. IMAGETREND reserves the right to audit the annual incident volume and the option to increase future support costs, with prior notification to the CLIENT, if the number of annual incidents increases substantially and has a resulting effect of increased support calls to IMAGETREND.
Pricin• A, reement 4'- ''
re' S1. ."'+.:?^ y;_'?'- _ 3tv...__ r' r-.. .:.. T:.- .: i.,, 1• .. 77. F sr , hT. _ ImageTrend Elite Rescue License 1 $ 10, 000. 00 $ 10, 000.00 ImageTrend Elite Rescue Setup Fee and Project Management 1 Included Included ImageTrend Elite Field Site License 1 5, 000.00 $ 5, 000.00 ImageTrend Elite Mobile Fire Inspections Site License 1 4, 500. 00 $ 4, 500. 00 CAD Integration: EMS& Fire( Other) 1 5, 000. 00 $ 5, 000.00 Visual Informatics— Analytics Setup Fee( includes 1 cube) Includes: Analytics, Pie Charts, Charting, Widgets, Interactive Alerting Engine 1 2, 000.00 $ 2, 000. 00 MARS( Mapping) Setup Fee 1 1, 000. 00 $ 1, 000. 00 Scheduler Setup Fee 1 1, 000.00 $ 1, 000. 00 Hospital Hub Setup and Access Fee for Services 1 2, 500.00 $ 2, 500. 00 Training Sessions— Onsite( Full Day M- F) 2 $ 1, 000. 00 $ 2, 000.00 Travel per Trainer for Onsite Training 1 1, 750.00 $ 1, 750.00 Webinar Training Sessions( 2 hour session M- F during ImageTrend' s Standard Business Hours) 8 250.00 $ 2, 000. 00 TOTAL One-Time Fees 536,750. 00
ImageTrend Elite Rescue Annual Support 1 1, 600.00 $ 1, 600.00 ImageTrend Elite Rescue Annual Hosting 1 4, 800.00 $ 4,800.00 ImageTrend Elite Field Site License Annual Support 1 800. 00 800.00 ImageTrend Elite Mobile Fire Inspections Site License Annual Support 1 720.00 720.00 CAD Annual Support and Hosting 1 1, 750.00 $ 1, 750.00 Visual Informatics Annual Support 1 400. 00 400.00 MARS( Mapping) Annual Transactional Fee 1 700. 00 700.00 Scheduler Annual Support 1 400. 00 400.00 Hospital Hub Annual Support and Hosting Number of Hospitals Included: 5 1 625. 00 625. 00 Annual Recurring Fees 11, 795. 00
Prorated Recurring Fees( 09/ 01/ 2016-04/30/ 2017) 8 982. 91 $ 7, 863.28 TOTAL Year 1 44,613. 28
Year 2 Annual Fees 05/ 01/ 2017- 04/30/ 2018 1 $ 11, 795. 00 $ 11, 795.00 Ongoing Annual Fees Year 3 and Thereafter 1 $ 12, 148. 85 $ 12, 148.85
September 13, 2016 www. imagetrend. com Page 113 l_^ f. y_ " H ...'-' T ... L": - L. I '. rs... y .. vf..' t , _': F. - .• N. i- Out of Scope billed at$ 130/ Hour 130. 00 Onsite Training Sessions @$ 1, 000/day 1, 000. 00 The CLIENT may elect to purchase additional services as set forth in the options identified above at any time during the contract term. The CLIENT shall exercise said options by written notice to IMAGETREND. The prices above are valid for one year from contract signature.
Payment Terms: a. Initial payment of$ 30,000 will be invoiced upon Contract Signature. b. ImageTrend will prorate Recurring Annual Fees from 09/01/ 2016-04/ 30/2017. Remaining Year 1 Total of$ 14, 613.28 will be invoiced on May 1, 2017. c. Year 2 Annual Fees from 05/ 01/ 2017-04/ 30/2018 for$ 11, 795.00 will be invoiced on May 1, 2017. d. Payment Terms are net 60 days. e. The ongoing recurring Annual Fees will be billed annually in advance. f. If there is a delay in acceptance on the remaining items for longer than 60 days, IMAGETREND has the option to invoice the remaining balance on any or all of the open items for Year 1 and begin the Recurring Fees schedule. g. CLIENT agrees IMAGETREND may, in IMAGETREND' s discretion, cease to provide access, hosting, support or otherwise disable the Software listed in Exhibit A due to CLIENT' s breach of contract, overdue payments, or missed payments. h. CLIENT agrees IMAGETREND may charge to CLIENT a late fee of 1. 5% per month, or the highest rate allowed under the law, whichever is lower, on any overdue amounts. CLIENT also agrees IMAGETREND may charge to CLIENT all reasonable costs and expenses of collection, including attorneys' fees where, in IMAGETREND' s discretion, payments are consistently deficient or late. i. IMAGETREND will invoice sales tax to non-exempt CLIENTS where applicable Note: If Client would like to schedule Onsite Training on the weekend, additional fees may apply. Note: Image Trend is not responsible for any CAD Vendor requirements and any associated fees Note: CAD data will only be available for 60 days in the dispatch database; which may impact CAD Recon Reports
Pricing escalation factors: a. IMAGETREND will perform price increases of the recurring fees. The first price increase will occur with the fees due for Year 3. These price increases will occur once every year and may not exceed 3% of the price then currently in effect. b. All Annual SaaS Fees are based upon anticipated usage and are subject to an annual usage audit, which may affect future fees. c. All hosting fees are based upon anticipated usage and includes 30 GB of Storage total. These fees are subject to annual usage audits, which may affect future fees at an increase of 15/ 10GB/ month for Storage.
Statements/Invoices should be mailed to: Ryan Beck East Peoria Fire Department 201 West Washington St East Peoria, IL 61611 Phone: 309-427- 7672 Email: rvanbeckcitvofeastpeoria. com
ImageTrend Salesperson Contact: Mike Tamasi 952- 469- 1589 mtamasina imagetrend. com contractsaimaoetrend. com
September 13, 2016 www.imagetrend. com Page 114 1
EXHIBIT B— SERVICE LEVEL AGREEMENT PERPETUAL USE LICENSE, IMAGETREND HOSTED SOLUTION VERSION 4.0
This agreement exists for the purpose of creating an understanding between IMAGETREND and CLIENT who elect to host the application on IMAGETREND' s servers. It is part of our guarantee for exceptional service levels for as long as the system annual support fee is contracted. The Licensed IMAGETREND Hosted Solution Service Level Agreement guarantees your web application' s availability, reliability and performance. This Service Level Agreement ( SLA) applies to any site or application hosted on our network as contracted.
1. Hosting at the ImageTrend' s Datacenter IMAGETREND' s hosting environment provides 99. 9% availability and is comprised of state-of-the- art Blade Servers and SAN storage that are configured with the no single point of failure through software and infrastructure virtualization, blade enclosure redundancies and backup storage policies. Our Compellent SAN has a fiber channel backend, currently hosts 8TB of storage, has dual storage controllers with redundant power supplies and redundant paths to disk, and hot swappable drives. We do offsite replication to disk on a second SAN. Scheduled maintenance and upgrades do not apply to the system availability calculation and all CLIENTs are properly notified of such scheduled occurrences to minimize accessibility interruptions.
Hardware IMAGETREND server hardware is configured to prevent data loss due to hardware failure and utilize the following to ensure a quick recovery from any hardware related problems. Independent Application and Database Servers
o Microsoft SQL Server 2012
o Microsoft Windows Server 2012 Redundant Power Supplies Off-Site Idle Emergency Backup Servers ( optional) Sonicwall VPN Firewall Redundant Disk configuration Disk Space allocation and Bandwidth as contracted
Physical Facility The IMAGETREND hosting facilities are located in downtown Minneapolis and Chicago with every industry standard requirement for hosting not only being met, but exceeded. Requirements such as power supply and power conditioning, normal and peak bandwidth capacity, security and fail over locations are all part of an overall strategy to provide the most reliable hosting facility possible. Redundant, high- speed Internet connections over fiber optics. Power protection via an in- line 80kVa UPS with a 150 KW backup diesel generator Temperature controlled Waterless Fire Protection and Clean agent fire suppression Secured site access Steel Vault Doors 21" concrete walls and ceiling
September 13, 2016 www. imagetrend. com Page 115 Data Integrity IMAGETREND applications are backed up daily allowing for complete recovery of data to the most recent backup: Daily Scheduled Database and Application Backups. Daily Scheduled backup Success/Failure notification to IMAGETREND staff
2. Application and Hosting Support IMAGETREND provides ongoing support as contracted for their applications and hosting services, including infrastructure. This includes continued attention to product performance and general maintenance needed to ensure application availability. Support includes technical diagnosis and fixes of technology issues involving IMAGETREND software. IMAGETREND has a broad range of technical support services available in the areas of: Web Application Hosting and Support Subject Matter Expert Application Usage Support Web Application Development/ Enhancement Database Administration/ Support Project Management Systems Engineering/ Architecture
IMAGETREND offers multi- level technical support, based on level-two user support by accommodating both the general inquiries of the administrators and those of the system users. We will give the administrators the ability to field support for the system as the first level of contact while providing them the option to refer inquiries directly to IMAGETREND. IMAGETREND's Support Team is available Monday through Friday from 7:00 am to 6: 00 pm CST via the Support Suite, email or telephone. Support Suite: www.imagetrend.com/ support Email: [email protected] Toll Free: 1- 888- 730- 3255 Phone: 952- 469- 1589
Online Support IMAGETREND offers an online support system which incorporates around-the-clock incident reporting of all submitted tickets to IMAGETREND' s application support specialists. Once a CLIENT submits a support ticket, he or she can track the progress with a secure login to the support application. The system promotes speedy resolution by offering keyword- based self-help services and articles in the knowledgebase, should CLIENTS wish to bypass traditional support services. Ticket tracking further enhances the efforts of Support Desk personnel by allowing IMAGETREND to identify patterns which can then be utilized for improvements in production, documentation, education and frequently asked questions to populate the knowledgebase. The support ticket tracking system ensures efficient workflow for the support desk specialists while keeping users informed of their incident's status. Support patterns can be referenced to populate additional knowledgebase articles.
Incident Reporting Malfunctions IMAGETREND takes all efforts to correct malfunctions that are documented and reported by the CLIENT. IMAGETREND acknowledges receipt of a malfunction report from a CLIENT and acknowledges the disposition and possible resolution thereof according to the chart below.
September 13, 2016 www. imaaetrend. com Page 116 Action Expectation: Anticipated Error resolution notification after IMAGETREND Notification Return Call to Acknowledgement: Licensee of IMAGETREND Return Call Notification to Licensee alter initial Acknowledgement Severity Level Examples of each Severity Level: notification of an Error of an error. High/ Site Down - Complete shutdown or partial shutdown Within one( 1) hour of initial Six hours of one or more Software functions notification during business Access to one or more Software hours or via functions not available support.imagetrend. com Major subset of Software application impacted
Medium Minor subsystem failure Within four( 4) hours of initial 24 Business hours Data entry or access impaired on a notification limited basis— usually can be delegated to local client contact as a first level or response for resolution— usually user error( i. e. training) or forgotten passwords Low System operational with minor issues; Same day or next business Future Release suggested enhancements as mutually day of initial notification agreed upon— typically covered in a future release as mutually agreed upon.
Service Requests( enhancements) Any service requests that are deemed to be product enhancements are detailed and presented to the development staff, where the assessment is made as to whether these should be added to the future product releases and with a priority rating. If an enhancement request is specific to one CLIENT and deemed to be outside of the original scope of the product, then a change order is written and presented to the CLIENT. These requests are subject to our standard rates and mutual agreement. CLIENTS review and approve the scope, specification and cost before work is started to ensure goals are properly communicated.
Product release management is handled by IMAGETREND using standard development tools and methodologies. Work items including, tasks, issues, and scenarios are all captured within the system. Releases are based on one or more iterations during a schedule development phase. This includes by not limited to: development, architecture, testing, documentation, builds, test and use cases. Submissions of issues or requests are documented within our Product Management system and from there workflow is created to track the path from initial request to resolution.
Out of Scope CLIENT may contract with IMAGETREND for Out of Scope services. This will require a separate Statement of Work and will be billed at IMAGETREND's standard hourly rate.
Maintenance and Upgrades System/product maintenance and upgrades, if applicable, are included in the ongoing support and warranty as contracted. These ensure continued attention to product performance and general maintenance. Scheduled product upgrades include enhancements and minor and major product changes. Customers are notified in advance of scheduled maintenance. It is the CLIENT's responsibility to accept all offered updates and upgrades to the system. If the CLIENT does not accept these, CLIENT should be advised that IMAGETREND, at its discretion, may offer limited support for previous versions. All code releases also maintain the integrity of any CLIENT specific configurations ( i. e. templates, addresses, staff information, active protocols, etc.) that have been implemented either by IMAGETREND' s implementation staff or the CLIENT's administrative staff.
September 2016 13, www.imaaetrend. com page 117 Escalation Our support staff is committed to resolving your issues as fast as possible. If they cannot resolve your issue, they will identify the course of action that they will be taking and indicate when an answer will be available. They in turn will seek assistance from the designated developer. The next level of escalation goes to the Project Manager, who also addresses all operational issues on an ongoing basis and reviews the issue log regularly to assess product performance and service levels. Senior Management will handle issues requiring further discussion and resolution. Any issues to be determined to be of a critical nature are immediately escalated accordingly.
September 13, 2016 www.imagetrend. com Page 118 EXHIBIT C- HIPAA BUSINESS ASSOCIATE AGREEMENT
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement(" Agreement") dated the" Effective Date"), is entered into by and between East Peoria Fire Department, an Illinois corporation the" Covered Entity") and ImageTrend, Inc. a Minnesota corporation ( the" Business Associate"). WHEREAS, Covered Entity and Business Associate have entered into, or are entering into, or may subsequently enter into, agreements or other documented arrangements( collectively, the" Business Arrangements") pursuant to which Business Associate may provide products and/or services for Covered Entity that require Business Associate to access, create and use health information that is protected by state and/or federal law; and
WHEREAS, pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996(" HIPAA"), the U. S. Department of Health& Human Services HHS") promulgated the Standards for Privacy of Individually Identifiable Health Information( the" Privacy Standards"), at 45 C. F. R. Parts 160 and 164, requiring certain individuals and entities subject to the Privacy Standards( each a" Covered Entity", or collectively, "Covered Entities") to protect the privacy of certain individually identifiable health information (" Protected Health Information", or" PHI"); and
WHEREAS, pursuant to HIPAA, HHS has issued the Security Standards (the" Security Standards"), at 45 C. F. R. Parts 160, 162 and 164, for the protection of electronic protected health information (" EPHI"); and
WHEREAS, in order to protect the privacy and security of PHI, including EPHI, created or maintained by or on behalf of the Covered Entity, the Privacy Standards and Security Standards require a Covered Entity to enter into a" business associate agreement" with certain individuals and entities providing services for or on behalf of the Covered Entity if such services require the use or disclosure of PHI or EPHI; and
WHEREAS, on February 17, 2009, the federal Health Information Technology for Economic and Clinical Health Act was signed into law( the" HITECH Act"), and the HITECH Act imposes certain privacy and security obligations on Covered Entities in addition to the obligations created by the Privacy Standards and Security Standards; and
WHEREAS, the HITECH Act revises many of the requirements of the Privacy Standards and Security Standards concerning the confidentiality of PHI and EPHI, including extending certain HIPAA and HITECH Act requirements directly to business associates; and
WHEREAS, Business Associate and Covered Entity desire to enter into this Business Associate Agreement;
NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement and the Business Arrangements, and other good and valuable consideration, the sufficiency and receipt of which are hereby severally acknowledged, the parties agree as follows:
September 13, 2016 www. imagetrend. com Page 119 1. Business Associate Obligations. Business Associate may receive from Covered Entity, or create or receive on behalf of Covered Entity, health information that is protected under applicable state and/or federal law, including without limitation, PHI and EPHI. All capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in the Privacy Standards, Security Standards or the HITECH Act, as applicable( collectively referred to hereinafter as the" Confidentiality Requirements"). All references to PHI herein shall be construed to include EPHI. Business Associate agrees not to use or disclose( or permit the use or disclosure of) PHI in a manner that would violate the Confidentiality Requirements if the PHI were used or disclosed by Covered Entity in the same manner.
2. Use of PHI. Except as otherwise required by law, Business Associate shall use PHI in compliance with 45 C. F. R. § 164. 504( e). Furthermore, Business Associate shall use PHI ( i) solely for Covered Entity's benefit and only for the purpose of performing services for Covered Entity as such services are defined in Business Arrangements, and (ii) as necessary for the proper management and administration of the Business Associate or to carry out its legal responsibilities, provided that such uses are permitted under federal and state law. Covered Entity shall retain all rights in the PHI not granted herein. Use, creation and disclosure of de- identified health information by Business Associate are not permitted unless expressly authorized in writing by Covered Entity. 3. Disclosure of PHI. Subject to any limitations in this Agreement, Business Associate may disclose PHI to any third party persons or entities as necessary to perform its obligations under the Business Arrangement and as permitted or required by applicable federal or state law. Further, Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that( i) such disclosures are required by law, or( ii) Business Associate: (a) obtains reasonable assurances from any third party to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the third party; (b) requires the third party to agree to immediately notify Business Associate of any instances of which it is aware that PHI is being used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the Confidentiality Requirements. Additionally, Business Associate shall ensure that all disclosures of PHI by Business Associate and the third party comply with the principle of" minimum necessary use and disclosure," i. e., only the minimum PHI that is necessary to accomplish the intended purpose may be disclosed; provided further, Business Associate shall comply with Section 13405(b) of the HITECH Act, and any regulations or guidance issued by HHS concerning such provision, regarding the minimum necessary standard and the use and disclosure( if applicable) of Limited Data Sets. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor( collectively, "Recipients"), Business Associate shall require Recipients to agree in writing to the same restrictions and conditions that apply to the Business Associate under this Agreement. Business Associate shall report to Covered Entity any use or disclosure of PHI not permitted by this Agreement, of which it becomes aware, such report to be made within three( 3) business days of the Business Associate becoming aware of such use or disclosure. In addition to Business Associate' s obligations under Section 9, Business Associate agrees to mitigate, to the extent practical and unless otherwise requested by Covered Entity in writing or as directed by or as a result of a request by Covered Entity to disclose to Recipients, any harmful effect that is known to Business Associate and is the result of a use or disclosure of PHI by Business Associate or Recipients in violation of this Agreement.
4. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate shall( i) provide access to, and permit inspection and copying of, PHI by Covered Entity or, as directed by Covered Entity, an individual who is the subject of the PHI under conditions and limitations required under 45 CFR 164. 524, as it may be amended from time to time, and( ii) amend PHI maintained by Business Associate as requested by Covered Entity. Business Associate shall respond to any request from Covered Entity for access by an individual within five (5) days of such request and shall make any amendment requested by Covered Entity within ten ( 10) days of such request. Any information requested under this Section 4 shall be provided in the form or format requested, if it is readily
September 13, 2016 www.imagetrend. com Page 120 producible in such form or format. Business Associate may charge a reasonable fee based upon the Business Associate's labor costs in responding to a request for electronic information ( or a cost- based fee for the production of non- electronic media copies). Covered Entity shall determine whether a denial is appropriate or an exception applies. Business Associate shall notify Covered Entity within five( 5) days of receipt of any request for access or amendment by an individual. Covered Entity shall determine whether to grant or deny any access or amendment requested by the individual. Business Associate shall have a process in place for requests for amendments and for appending such requests to the Designated Record Set, as requested by Covered Entity.
5. Accounting of Disclosures. Business Associate shall make available to Covered Entity in response to a request from an individual, information required for an accounting of disclosures of PHI with respect to the individual in accordance with 45 CFR§ 164.528, as amended by Section 13405(c) of the HITECH Act and any related regulations or guidance issued by HHS in accordance with such provision. Business Associate shall provide to Covered Entity such information necessary to provide an accounting within thirty( 30) days of Covered Entity's request or such shorter time as may be required by state or federal law. Such accounting must be provided without cost to the individual or to Covered Entity if it is the first accounting requested by an individual within any twelve ( 12) month period. For subsequent accountings within a twelve( 12) month period, Business Associate may charge a reasonable fee based upon the Business Associate's labor costs in responding to a request for electronic information (or a cost- based fee for the production of non- electronic media copies) so long as Business Associate informs the Covered Entity and the Covered Entity informs the individual in advance of the fee, and the individual is afforded an opportunity to withdraw or modify the request. Such accounting obligations shall survive termination of this Agreement and shall continue as long as Business Associate maintains PHI.
6. Withdrawal of Authorization. If the use or disclosure of PHI in this Agreement is based upon an individual' s specific authorization for the use of his or her PHI, and ( i) the individual revokes such authorization in writing, ( ii) the effective date of such authorization has expired, or( iii) the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate agrees, if it has notice of such revocation or invalidity, to cease the use and disclosure of any such individual' s PHI except to the extent it has relied on such use or disclosure, or where an exception under the Confidentiality Requirements expressly applies.
7. Records and Audit. Business Associate shall make available to the U. S. Department of Health and Human Services or its agents, its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of Covered Entity for the purpose of determining Covered Entity's compliance with the Confidentiality Requirements or any other health oversight agency, in a time and manner designated by the Secretary. Except to the extent prohibited by law, Business Associate agrees to notify Covered Entity immediately upon receipt by Business Associate of any and all requests by or on behalf of any and all federal, state and local government authorities served upon Business Associate for PHI.
8. Implementation of Security Standards: Notice of Security Incidents. Business Associate will use appropriate safeguards to prevent the use or disclosure of PHI other than as expressly permitted under this Agreement. Business Associate will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the PHI that it creates, receives, maintains or transmits on behalf of Covered Entity. Business Associate acknowledges that the HITECH Act requires Business Associate to comply with 45 C. F. R. 164. 308, 164. 310, 164. 312, 164. 314, and 164.316 as if Business Associate were a Covered Entity, and Business Associate agrees to comply with these provisions of the Security Standards and all additional security provisions of the HITECH Act. Furthermore, to the extent feasible, Business Associate will use commercially reasonable efforts to ensure that the technology safeguards used by Business Associate to secure PHI will render such PHI unusable, unreadable and indecipherable to individuals unauthorized to acquire or otherwise have access to such PHI in accordance with HHS Guidance published at 74 Federal Register 19006( April 17, 2009), or such later regulations or guidance promulgated by HHS or issued by the National Institute for Standards
September 13, 2016 www. imaaetrend. com Page 121 and Technology(" NIST") concerning the protection of identifiable data such as PHI. Business Associate acknowledges and agrees that the HIPAA Omnibus Rule finalized January 25, 2013 at 78 Fed. Reg. 5566 requires Business Associate to comply with new and modified obligations imposed by that rule under 45 C. F. R. § 164. 306, 45 C. F. R. § 164. 308, 45 C. F. R. § 163. 310, 45 C. F. R. § 164.312, 45 C. F. R.§ 164. 316, 45 C. F. R.§ 164.502, 45 C. F. R. § 164.504. Lastly, Business Associate will promptly report to Covered Entity any successful Security Incident of which it becomes aware. At the request of Covered Entity, Business Associate shall identify: the date of the Security Incident, the scope of the Security Incident, the Business Associate' s response to the Security Incident and the identification of the party responsible for causing the Security Incident, if known. Business Associate and Covered Entity shall take reasonable measures to ensure the availability of all affirmative defenses under the HITECH Act, HIPAA, and other state and federal laws and regulations governing PHI and EPHI.
9. Data Breach Notification and Mitigation.
a. HIPAA Data Breach Notification and Mitigation. Business Associate agrees to implement reasonable systems for the discovery and prompt reporting of any" breach" of" unsecured PHI" as those terms are defined by 45 C. F. R. § 164.402( hereinafter a" HIPAA Breach"). The parties acknowledge and agree that 45 C. F. R. § 164. 404, as described below in this Section 9. 1, governs the determination of the date of a HIPAA Breach. In the event of any conflict between this Section 9. 1 and the Confidentiality Requirements, the more stringent requirements shall govern. Business Associate will, following the discovery of a HIPAA Breach, notify Covered Entity immediately and in no event later than three( 3) business days after Business Associate discovers such HIPAA Breach, unless Business Associate is prevented from doing so by 45 C. F. R. § 164.412 concerning law enforcement investigations. For purposes of reporting a HIPAA Breach to Covered Entity, the discovery of a HIPAA Breach shall occur as of the first day on which such HIPAA Breach is known to the Business Associate or, by exercising reasonable diligence, would have been known to the Business Associate. Business Associate will be considered to have had knowledge of a HIPAA Breach if the HIPAA Breach is known, or by exercising reasonable diligence would have been known, to any person( other than the person committing the HIPAA Breach) who is an employee, officer or other agent of the Business Associate. No later than seven( 7) business days following a HIPAA Breach, Business Associate shall provide Covered Entity with sufficient information to permit Covered Entity to comply with the HIPAA Breach notification requirements set forth at 45 C. F. R.§ 164. 400 et seq. Specifically, if the following information is known to( or can be reasonably obtained by) the Business Associate, Business Associate will provide Covered Entity with: ( i) contact information for individuals who were or who may have been impacted by the HIPAA Breach ( e.g., first and last name, mailing address, street address, phone number, email address); ( ii) a brief description of the circumstances of the HIPAA Breach, including the date of the HIPAA Breach and date of discovery; ( iii) a description of the types of unsecured PHI involved in the HIPAA Breach( e.g., names, social security number, date of birth, address(es), account numbers of any type, disability codes, diagnostic and/ or billing codes and similar information); ( iv) a brief description of what the Business Associate has done or is doing to investigate the HIPAA Breach, mitigate harm to the individual impacted by the HIPAA Breach, and protect against future HIPAA Breaches; and( v) appoint a liaison and provide contact information for same so that the Covered Entity may ask questions or learn additional information concerning the HIPAA Breach. Following a HIPAA Breach, Business Associate will have a continuing duty to inform Covered Entity of new information learned by Business Associate regarding the HIPAA Breach, including but not limited to the information described in items( i) through( v), above.
b. Data Breach Notification and Mitigation Under Other Laws. In addition to the requirements of Section 9. 1, Business Associate agrees to implement reasonable systems for the discovery and prompt reporting of any breach of individually identifiable information ( including but not limited to PHI, and referred to hereinafter as" Individually Identifiable Information") that, if misused, disclosed, lost or stolen, Covered Entity believes would trigger an obligation under
September 13, 2016 www. imaaetrend. com Page 122 one or more State data breach notification laws( each a" State Breach") to notify the individuals who are the subject of the information. Business Associate agrees that in the event any Individually Identifiable Information is lost, stolen, used or disclosed in violation of one or more State data breach notification laws, Business Associate shall promptly: (i) cooperate and assist Covered Entity with any investigation into any State Breach or alleged State Breach; ( ii) cooperate and assist Covered Entity with any investigation into any State Breach or alleged State Breach conducted by any State Attorney General or State Consumer Affairs Department( or their respective agents); ( iii) comply with Covered Entity's determinations regarding Covered Entity's and Business Associate' s obligations to mitigate to the extent practicable any potential harm to the individuals impacted by the State Breach; and iv) assist with the implementation of any decision by Covered Entity or any State agency, including any State Attorney General or State Consumer Affairs Department( or their respective agents), to notify individuals impacted or potentially impacted by a State Breach.
c. Breach Indemnification. Business Associate shall indemnify, defend and hold Covered Entity and its officers, directors, employees, agents, successors and assigns harmless, from and against all reasonable losses, claims, actions, demands, liabilities, damages, costs and expenses ( including costs of judgments, settlements, court costs and reasonable attorneys' fees actually incurred) ( collectively, " Information Disclosure Claims") arising from or related to: ( i) the use or disclosure of Individually Identifiable Information( including PHI) by Business Associate in violation of the terms of this Agreement or applicable law, and ( ii) whether in oral, paper or electronic media, any HIPAA Breach of unsecured PHI and/or State Breach of Individually Identifiable Information by Business Associate. If Business Associate assumes the defense of an Information Disclosure Claim, Covered Entity shall have the right, at its expense and without indemnification notwithstanding the previous sentence, to participate in the defense of such Information Disclosure Claim. Business Associate shall not take any final action with respect to any Information Disclosure Claim without the prior written consent of Covered Entity. Covered Entity likewise shall not take any final action with respect to any Information Disclosure Claim without the prior written consent of Business Associate. To the extent permitted by law and except when caused by an act of Covered Entity or resulting from a disclosure to a Recipient required or directed by Covered Entity to receive the information, Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of Recipients in furnishing the services as if they were the Business Associate's own acts, failures or omissions.
i. Covered Entity shall indemnify, defend and hold Business Associate and its officers, directors, employees, agents, successors and assigns harmless, from and against all reasonable losses, claims, actions, demands, liabilities, damages, costs and expenses( including costs of judgments, settlements, court costs and reasonable attorneys' fees actually incurred) ( collectively, "Information Disclosure Claims") arising from or related to: (i) the use or disclosure of Individually Identifiable Information ( including PHI) by Covered Entity, its subcontractors, agents, or employees in violation of the terms of this Agreement or applicable law, and ( ii) whether in oral, paper or electronic media, any HIPAA Breach of unsecured PHI and/or State Breach of Individually Identifiable Information by Covered Entity, its subcontractors, agents, or employees.
ii. Covered Entity and Business Associate shall seek to keep costs or expenses that the other may be liable for under this Section 9, including Information Disclosure Claims, to the minimum reasonably required to comply with the HITECH Act and HIPAA. Covered Entity and Business Associate shall timely raise all applicable affirmative defenses in the event a violation of this Agreement, or a use or disclosure of PHI or EPHI in violation of the terms of this Agreement or applicable law occurs.
10. Term and Termination. a. This Agreement shall commence on the Effective Date and shall remain in effect until
September 13, 2016 www.imaaetrend. com Page 123 terminated in accordance with the terms of this Section 10, provided, however, that termination shall not affect the respective obligations or rights of the parties arising under this Agreement prior to the effective date of termination, all of which shall continue in accordance with their terms.
b. Covered Entity shall have the right to terminate this Agreement for any reason upon thirty 30) days written notice to Business Associate.
c. Covered Entity, at its sole discretion, may immediately terminate this Agreement and shall have no further obligations to Business Associate if any of the following events shall have occurred and be continuing: i. Business Associate fails to observe or perform any material covenant or obligation contained in this Agreement for ten( 10) days after written notice thereof has been given to the Business Associate by Covered Entity; or ii. A violation by the Business Associate of any provision of the Confidentiality Requirements or other applicable federal or state privacy law relating to the obligations of the Business Associate under this Agreement.
d. Termination of this Agreement for either of the two reasons set forth in Section 10.c above shall be cause for Covered Entity to immediately terminate for cause any Business Arrangement pursuant to which Business Associate is entitled to receive PHI from Covered Entity.
e. Upon the termination of all Business Arrangements, either Party may terminate this Agreement by providing written notice to the other Party.
f. Upon termination of this Agreement for any reason, Business Associate agrees either to return to Covered Entity or to destroy all PHI received from Covered Entity or otherwise through the performance of services for Covered Entity, that is in the possession or control of Business Associate or its agents. In the case of PHI which is not feasible to" return or destroy," Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. Business Associate further agrees to comply with other applicable state or federal law, which may require a specific period of retention, redaction, or other treatment of such PHI.
11. No Warranty. PHI IS PROVIDED TO BUSINESS ASSOCIATE SOLELY ON AN" AS IS" BASIS. COVERED ENTITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
12. Inelisable Persons. Business Associate represents and warrants to Covered Entity that Business Associate( i) is not currently excluded, debarred, or otherwise ineligible to participate in any federal health care program as defined in 42 U. S. C. Section 1320a- 7b( f) ("the Federal Healthcare Programs"); ( ii) has not been convicted of a criminal offense related to the provision of health care items or services and not yet been excluded, debarred, or otherwise declared ineligible to participate in the Federal Healthcare Programs, and( iii) is not under investigation or otherwise aware of any circumstances which may result in Business Associate being excluded from participation in the Federal Healthcare Programs. This shall be an ongoing representation and warranty during the term of this Agreement, and Business Associate shall immediately notify Covered Entity of any change in the status of the representations and warranty set forth in this section. Any breach of this section shall give Covered Entity the right to terminate this Agreement immediately for cause.
13. Miscellaneous. a. Notice. All notices, requests, demands and other communications required or permitted to be given or made under this Agreement shall be in writing, shall be effective upon receipt or
September 13, 2016 www. imabetrend. com Page 124 attempted delivery, and shall be sent by( i) personal delivery; ( ii) certified or registered United States mail, return receipt requested; or( iii) overnight delivery service with proof of delivery. Notices shall be sent to the addresses below. Neither party shall refuse delivery of any notice hereunder.
If to Covered Entity:
Compliance Office
If to Business Associate:
ImageTrend, Inc. Attn: Michael J. McBradv 20855 Kensington Blvd. Lakeville, MN 55044
14. Waiver._No provision of this Agreement or any breach thereof shall be deemed waived unless such waiver is in writing and signed by the Party claimed to have waived such provision or breach. No waiver of a breach shall constitute a waiver of or excuse any different or subsequent breach.
15. Assignment. Neither Party may assign ( whether by operation or law or otherwise) any of its rights or delegate or subcontract any of its obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, Covered Entity shall have the right to assign its rights and obligations hereunder to any entity that is an affiliate or successor of Covered Entity, without the prior approval of Business Associate.
16. Severability. Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such remaining provisions.
17. Entire Agreement. This Agreement constitutes the complete agreement between Business Associate and Covered Entity relating to the matters specified in this Agreement, and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. In the event of any conflict between the terms of this Agreement and the terms of the Business Arrangements or any such later agreement(s), the terms of this Agreement shall control unless the terms of such Business Arrangements are more strict with respect to PHI and comply with the Confidentiality Requirements, or the parties specifically otherwise agree in writing. No oral modification or waiver of any of the provisions of this Agreement shall be binding on either Party; provided, however, that upon the enactment of any law, regulation, court decision or relevant government publication and/or interpretive guidance or policy that the Covered Entity believes in good faith will adversely impact the use or disclosure of PHI under this Agreement, Covered Entity may amend the Agreement to comply with such law, regulation, court decision or government publication, guidance or policy by delivering a written amendment to Business Associate which shall be effective thirty( 30) days after receipt. No obligation on either Party to enter into any transaction is to be implied from the execution or delivery of this Agreement. This Agreement is for the benefit of, and shall be binding upon the parties, their affiliates and respective successors and assigns. No third party shall be considered a third- party beneficiary under this Agreement, nor shall any third party have any rights as a result of this Agreement.
Page 125 September 13, 2016 www. imacietrend. com 18. Governinq Law. This Agreement shall be governed by and interpreted in accordance with the laws of the state in which Business Associate is located, excluding its conflicts of laws provisions. Jurisdiction and venue for any dispute relating to this Agreement shall exclusively rest with the state and federal courts in the county in which Business Associate is located. 19. Equitable Relief. The parties understand and acknowledge that any disclosure or misappropriation of any PHI in violation of this Agreement will cause the other irreparable harm, the amount of which may be difficult to ascertain, and therefore agrees that the injured party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as the injured party shall deem appropriate. Such right is to be in addition to the remedies otherwise available to the parties at law or in equity. Each party expressly waives the defense that a remedy in damages will be adequate and furtherbond. waives any requirement in an action for specific performance or injunction for the posting of a
20. Nature of Agreement: Independent Contractor. Nothing in this Agreement shall be construed to create( i) a partnership, joint venture or other joint business relationship between the parties or any of their affiliates, or( ii) a relationship of employer and employee between the parties. Business Associate is an independent contractor, and not an agent of Covered Entity. This Agreement does not express or imply any commitment to purchase or sell goods or services. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party against whom enforcement of this Agreement is sought. Signatures to this Agreement transmitted by facsimile transmission, by electronic mail in portable document format(". pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same force and effect as physical execution and delivery of the paper document bearing the original signature. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
EAST PEORIA FIRE DEPARTMENT" IMAETRE d "
6
Name: yr Lt/. " vj ,-, r Name: =,- moi cBrad
Al , IMP Title: o Title: P - i:,•:=lit
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September 13, 2016 www.imagetrend. 00m page 126 EXHIBIT D- INSURANCE CERTIFICATE
Intentionally left blank
September 13, 2016 www. imaaetrend. com Page 127 EXHIBIT E- TAX EXEMPTION CERTIFICATION
CLIENT to provide completed Tax Exemption Form, Tax Exemption Certificate, or other applicable documentation from the State Department regarding their Tax Exemption Status.
September 13, 2016 www. imaaetrend. com Page 28
ORDINANCE NO. 4398 AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE CONDITIONS IMPOSED ON THE SPECIAL USE GRANTED WITH RESPECT TO 4200 E. WASHINGTON STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS
WHEREAS, pursuant to Ordinance No. 4310 approved on November 1, 2016 (“Ordinance No. 4310”), the City Council authorized a special use (the “Special Use”) for the purpose of permitting an outdoor storage and sales lot for a landscaping business on certain real property zoned as “B-3, Business Service District”, which property is shown and described at “Exhibit A”, attached hereto and incorporated herein by reference (which property as so described is hereinafter referred to as the “Property”); and
WHEREAS, the Special Use permitted outdoor storage and display areas on the Property for plants and landscape materials, as well as outdoor bulk storage of mulch, gravel, and soil in bins; and
WHEREAS, Kull Scape Landscaping, Inc. (the "Petitioner") has petitioned for an amendment of the conditions applicable to the Special Use to allow expanded outdoor storage and sales areas for additional bulk storage bins and custom built sheds; and
WHEREAS, after hearing pursuant to duly published notice, the East Peoria Zoning Board of Appeals has recommended approval of the proposed amendment 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. The conditions applicable to the Special Use approved by Ordinance No. 4310 are hereby amended as follows:
1. Not more than four (4) sheds may be displayed outdoors on the Property at any given time in the location provided in the site plan for the Property submitted by the Petitioner.
2. The additional outdoor storage bins constructed at the southwest corner of the Property as provided in the site plan for the Property submitted by the Petitioner are permitted and approved.
3. Petitioner shall complete the landscaping in front area of the building shown on the site plan submitted by the Petitioner by no later than October 31, 2018, with a detailed landscaped plan for this front area to submitted to the Director of Planning and Community Development by no later than June 29, 2018. Except as specifically modified by this Ordinance, the conditions applicable to the Special Use approved by Ordinance No. 4310 shall continue to apply as therein stated.
Section 2. 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 3. 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 4. 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 ______, 2018.
APPROVED:
______Mayor ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
2
ORDINANCE NO. 4399
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 250 S. MAIN STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS
WHEREAS, Ice Guys LLC (the “Petitioner”) has petitioned for a special use to allow the siting of an automated ice kiosk on property zoned “B-3, Business Service District” and located at 250 South Main Street, as shown and described at "Exhibit A" attached hereto and incorporated herein by reference (which property as so described is 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 the siting of an automated ice kiosk 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. Petitioner shall place the kiosk on the Property in accordance with a site plan (the “Site Plan”) prepared by the Petitioner and approved by the Director of Planning and Community Development.
2. Petitioner shall install landscaping on the Property in the vicinity of the kiosk in accordance with a landscaping plan prepared by Petitioner and presented to and approved by the Director of Planning and Community Development in accordance with the timeframe established by the Director of Planning and Community Development.
3. All improvements authorized or required by this ordinance shall be completed and continuously maintained in accordance with a Site Plan.
Upon the violation of or failure to comply with the forgoing 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 ______, 2018.
APPROVED:
______Mayor
ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
2
Ice Guys LLC East Peoria Landscape Site Plan
(250 S. Main St. E. Peoria, IL)
= (1) Ornamental Tree
= (4) Evergreen Shrubs
Based on the guidelines of the landscaping requirements, Ice Guys LLC will be using the Front Yard Landscaping method of determining the amount of points required. Three parking spaces @ 10’ each = 30’ of yard frontage. 30’ of frontage x .75 = 22.5 points needed to satisfy requirement. Ice Guys LLC has chosen to plant 1 Ornamental Tree (12 points, 1 ½” caliper, Redbud variety) and 4 Evergreen Shrubs (3 points each..total 12 points, Blue Rug Juniper variety) in the locations indicated on the site plan. These plantings equal 24 points, which exceeds the requirement. These plantings will occur after all utilities are in place. Until such time, these locations are approximate as utility lines could cause a change in location of plantings.
TO: The Honorable Mayor and the City Council
THRU: Jeffery Eder, City Administrator
FROM: Ty Livingston, Director of Planning & Community Development
DATE: June 1, 2018
SUBJECT: Ordinances establishing regulations of small wireless facilities within public right of way
BACKGROUND: As of June 1, the State of Illinois has enacted the Small Wireless Facilities Deployment Act which addresses small wireless facilities in municipal rights-of-way. Essentially, these devices can be placed on new or existing poles in the municipal rights-of- way to improve existing gaps in cellular coverage and to facilitate the roll-out of the next generation 5-G cellular network. This Small Wireless Facilities Deployment Act drastically limits the City’s ability to regulate the placement and oversight of small wireless facilities and the ability to charge fees for the use of its rights-of-way. However, in working with the City Attorney’s Office we’ve identified the areas where we can regulate and monitor the location and look of small wireless facilities. Those areas are addressed in the three (3) ordinances presented for your approval.
Ordinance #4395 establishes the small wireless facilities ordinance which: establishes the application process for the location of small wireless facilities and their accessories in public rights-of-way , including the erection of new poles; regulates the design, aesthetics and blending of small wireless facilities within the City limits including the Downtown Overlay District and the Four Corners Overlay District as well as placing regulations on facilities in residential areas; establishes the fees allowed by the Small Wireless Facilities Deployment Act; and allows the City to remove abandoned facilities. This new code section essentially allows the City to regulate what the State of Illinois has permitted us to regulate – mostly aesthetics and basic permitting that we currently conduct with other entities (fiber, telecom, cable, etc…) who operate in our rights-of-way. Ordinances #4396 and #4397 amend Titles 6 & 7 to reference the new code section established in #4395.
RECOMMENDATION: Approval as presented.
ORDINANCE NO. 4395
AN ORDINANCE ADDING NEW CHPATER 16.1 TO TITLE 4 OF THE EAST PEORIA CITY CODE REGARDING THE REGULATION OF SMALL WIRELESS FACILITIES WITHIN THE PUBLIC RIGHT OF WAY
WHEREAS, the City of East Peoria (the “City”) is an Illinois municipal corporation in accordance with the Constitution of the State of Illinois of 1970; and
WHEREAS, the City is authorized under the Illinois Municipal Code (65 ILCS 5/1- 1-1 et seq.) and Illinois law to adopt ordinances pertaining to the public health, safety and welfare; and
WHEREAS, the City is authorized to adopt the amendments contained herein pursuant to its authority to regulate the public right-of-way under Division 80 of Article 11 of the Illinois Municipal Code (65 ILCS 5/11-80-1 et seq.); and
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100- 585 creating the Small Wireless Facilities Deployment Act (the “Act”), which became effective June 1, 2018; and
WHEREAS, the Act allows the City to regulate small wireless facilities and accessories in municipal rights-of-way; and
WHEREAS, the City uses the public rights-of-way within its City limits to provide essential public services to its residents and businesses; and
WHEREAS, the public rights-of-way within the City are a limited public resource held by the City for the benefit of its citizens, and the City has a duty to ensure that the public rights-of-way are used, repaired, and maintained in a manner that best serves the public interest; and
WHEREAS, the City desires to regulate the siting, design, and construction of small wireless facilities and accessories throughout the City; and
WHEREAS, the City seeks to minimize the impact of small wireless facilities and accessories on the City and its residents by establishing standards for location, design, landscape screening, and compatibility throughout the City; and
WHEREAS, growing demand for personal wireless telecommunications services has resulted in increasing requests locally from the wireless industry to place small wireless facilities and equipment on utility poles, street light poles, and other structures that are in the public right-of-way throughout the City; and
WHEREAS, the City Council of the City of East Peoria finds that it is in the best interests of the City and its residents to adopt the regulations, procedures, and requirements for small wireless facilities contained herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. Title 4 of the City Code of the City of East Peoria is hereby amended with the addition of new Chapter 16.1 as follows:
CHAPTER 16.1 – SMALL WIRELESS FACILITIES IN PUBLIC RIGHT-OF-WAY
4-16.1-1 Definitions.
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
Act, as used in this chapter of the City Code, means the Small Wireless Facilities Deployment Act established by Public Act 100-585, as amended from time to time.
Camouflaged. Using shape, color, and texture to cause an object to appear to become part of something else. Camouflage does not mean invisible, but rather appearing as part of the landscape or another structure. Includes wireless telecommunication facilities disguised to appear as another structure such as a flag pole, light pole, sign, tree, or utility pole.
Collocation. The sharing of structures by wireless service providers and other right-of-way users on a single support structure or otherwise sharing a common location.
Small wireless facility. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
Utility pole. A pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, or a similar function.
Wireless facility. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. "Wireless facility" includes small wireless facilities. "Wireless facility" does not include: (i) the structure or improvements on, under, or within which the equipment is collocated; or (ii) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.
Wireless infrastructure provider. Any person authorized to provide telecommunications service in the State of Illinois that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles and that is not a wireless services provider but is acting as an agent or contractor for a wireless services provider for the application submitted to the City.
Wireless provider. A wireless infrastructure provider or a wireless services provider.
Wireless services. Any services provided to the general public, including a particular class of customers, and made available on a nondiscriminatory basis using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities.
Wireless services provider. A person who provides wireless services.
Wireless support structure. A freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include a utility pole.
4-16.1-2. Standards and Regulations.
(a) As required by the Act, small wireless facilities will be permitted to be placed in rights-of-way within the jurisdictional limits of the City as attachments to existing utility poles, alternative antenna structures, or City-owned infrastructure, or as installations on new wireless support structure subject to the following regulations:
(1) The small wireless facility does not interfere with the frequencies used by a public safety agency for public safety communications;
(2) The wireless provider does not install small wireless facilities of the type and frequency that will cause unacceptable interference with a public safety agency’s communications equipment (as determined by FCC’s regulations);
(3) The wireless provider complies with the requirements that are imposed by any contract between the City and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way;
(4) The wireless provider complies with applicable regulations concerning the location of ground-mounted equipment located in the right-of-way;
(5) The wireless provider complies with all other aspects of the City Code including, but not limited to, all applicable rules and plans related to special districts or overlay areas concerning undergrounding requirements that prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval;
(6) The wireless provider complies with the generally applicable standards of the Act adopted by the City for construction and public safety in the rights-of-way, including but not limited to reasonable and nondiscriminatory wiring and cabling requirements, grounding requirements, utility pole extension requirements, and signage limitations;
(7) The wireless provider must comply with the City regulations regarding public safety;
(8) The wireless provider must comply with the City’s written design standards that are applicable to decorative utility poles, or reasonable stealth, concealment, and aesthetic requirements including but not limited to standards set forth for the Downtown Overlay District, the Four Corners Overlay District, and all historic districts within the City. The wireless services provider must also comply with the location, design, theme and aesthetic requirements for the Downtown Overlay District and the Four Corners Overlay District as set forth in the Plan for the East Peoria Downtown Overlay District and Plan for the East Peoria Four Corners Overlay District documents;
(9) If the small wireless facility is proposed to be installed on a new pole, the City may propose that the small wireless facility be collocated on an existing utility pole or wireless support structure within 100 feet of the proposed collocation. The wireless facility provider must accept the proposed collocation if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structure do not impose technical limits or additional material costs as determined by the provider. The City may require the wireless provider to provide a written certification describing the property rights, technical limits or material cost reasons that alternate location does not satisfy the criteria;
(10) The wireless provider must comply with the provisions of this Chapter when placing a small wireless facility in a subdivision developed after June 1, 2018, including but not limited to location, design and aesthetic requirements including camouflaging to blend with the area where the small wireless facility is proposed to be located and undergrounding requirements. The wireless provider must also comply with all requirements of paragraph of this section regarding residential areas;
(11) The wireless provider must comply with all Illinois Department of Transportation regulations regarding location and space from roads governed by the Department of Transportation;
(12) The wireless provider may not collocate small wireless facilities on City utility poles that are part of an electric distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the pole; however, the antenna and support equipment of the small wireless facility may be located in the communications space on the City utility pole and on the top of the pole, if not otherwise unavailable, if the wireless provider complies with applicable codes for work involving the top of the pole (the terms "communications space", "communication worker safety zone", and "electric supply zone" have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers);
(13) The wireless provider must comply with all applicable codes and City code provisions and regulations that concern public safety;
(14) When placing a small wireless facility or accessory in a residential area, the wireless provider must comply with the restrictive covenants of the residential area, if any such covenants exist;
(15) Neither small wireless facilities nor accessories may be placed in front of a residence. The “front” of a residence shall be determined to be the street frontage of the width of the front of the residential structure;
(16) All small wireless facilities and accessories in a residential area must screened and camouflaged. All screening shall be approved by the City pursuant to this chapter. Additionally, the design of any newly erected poles shall be approved by the City pursuant to this chapter;
(17) If screening is required, the screening must be of natural landscaping material or a fence, subject to the approval of the city and must comply will all City Code regulations pursuant to this chapter. Landscaping and fencing must conform to the surrounding area and shall meet the camouflaging requirements. Camouflaged poles shall be of a type and style approved by the City pursuant to this chapter; and
(18) No small wireless facility or accessory shall obstruct or interfere with pedestrian traffic on sidewalks or driveway visibility. In no instance shall a small wireless facility or accessory interfere with the visibility of motorists.
(b) Attachment limitations. The maximum height of a small wireless facility is 10 feet above the utility pole or wireless support structure on which the small wireless facility is collocated. Subject to any waiver expressly granted by the City, the height of new or replacement utility poles or wireless support structures on which small wireless facilities are collocated is the higher of: (i) 10 feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted to the City, that is located within 300 feet of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the jurisdictional boundary of the City, provided the City may designate which intersecting right- of-way within 300 feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or (ii) 45 feet above ground level.
(c) Applicability. This chapter shall not apply to the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any campus, stadium, or athletic facility not otherwise owned or controlled by the City, other than to comply with applicable codes and code provisions concerning public safety.
(d) Design, Camouflaging, and Screening Approval. The approval of all design, camouflaging, or screening shall be submitted to the City’s Director of Planning and Community Development for approval. If denied, the Director of Planning and Community Development must notify the applicant in writing of the denial. The applicant may appeal the denial to the Zoning Board of Appeals within fifteen (15) days of the notice of the denial. The Zoning Board of Appeals’ decision on the design, camouflaging, or screening is final.
4-16.1-3. Right-of-way permit and registration.
A wireless provider that intends to use the right-of-way for a small wireless facility or equipment is required to apply for and obtain a permit and pay the required fee.
(a) Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or place any small wireless facility or equipment in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the City. Registration will consist of providing information as specified in the permit application.
(b) Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on any small wireless facility or equipment, in any right-of-way without first being registered with the City.
4-16.1-4. Application.
(a) Information Required. A wireless services provider is required to submit an application for a permit to use the rights-of-way for location of a small wireless facility in the form required by the City:
(1) The application must include the name, address, contact person, phone number and after-hours emergency contact person and number for each applicant.
(2) The application must include a brief description of the proposed location of the small wireless facility and accessories that are the subject of the application; the nature and purpose of the small wireless facility or accessories; and a description of the existing utilities in the vicinity of the proposed small wireless facility or accessory.
(3) If the wireless services provider is seeking to collocate small wireless facilities on a utility pole or wireless support structure, the provider must also provide the following information:
a. Site specific structural integrity and, for a City utility pole, make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;
b. The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted or location where utility poles or structures would be installed;
c. Specifications and drawings (including technical drawings and elevations) prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed;
d. The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
e. A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved;
f. Certification that the collocation complies with paragraph d(6) of Section 15 of the Act to the best of the applicant's knowledge;
g. Proposed traffic control methods to be used during construction and maintenance; and
h. Proof of insurance as required by Section 7 of this Chapter.
(b) An applicant, seeking to collocate small wireless facilities within the sole jurisdiction of the City, may file a consolidated application and receive one (1) permit for the collocation of up to twenty-five (25) small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure. The City may issue separate permits for each collocation that is approved in a consolidated application.
(c) Application Process. Within thirty (30) days after receiving the application, the City shall determine whether the application is complete and notify the applicant of its determination. If the application is not complete, the City shall specifically identify the missing information. An application shall be deemed complete if the City fails to provide notification to the applicant within 30 days after when all documents, information, and fees specifically enumerated in the City's permit application form are submitted by the applicant to the City. Processing deadlines are tolled from the time the City sends the notice of incompleteness to the time the applicant provides the missing information.
(1) The application to collocate a small wireless facility on an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and deemed approved if the City fails to approve or deny the application within 90 days; however, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant must notify the City in writing of its intention to invoke the deemed approved remedy no sooner than 75 days after the submission of a completed application; the permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice from the City; the receipt of the deemed approved notice shall not preclude the City’s denial of the permit request within the time limits as provided under this Chapter or the Act; and
(2) An application to collocate a small wireless facility that includes the installation of a new utility pole shall be processed on a nondiscriminatory basis and deemed approved if the City fails to approve or deny the application within 120 days; however, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant must notify the City in writing of its intention to invoke the deemed approved remedy no sooner than 105 days after the submission of a completed application; the permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice from the City; the receipt of the deemed approved notice shall not preclude the City's denial of the permit request within the time limits as provided under this Chapter or the Act.
(d) Application Approval. The City shall approve an application unless the application does not meet the requirements of this code or the Small Wireless Facilities Deployment Act. If denied, the City shall document the basis for the denial, including the specific code provisions or application conditions on which the denial is based. The documentation shall be sent to the applicant prior to the denial of the application. The applicant may cure the deficiencies identified by the City and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee. The City shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved; however, the applicant must notify the City in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the resubmitted application. Any subsequent review shall be limited to the deficiencies cited in the denial. However, this revised application cure does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.
(e) Tolling of Time Periods. The time period for applications may be further tolled by:
(1) The express agreement in writing by both the applicant and the City; or
(2) A local, state, or federal disaster declaration or similar emergency that causes the delay.
(f) Time to Complete Work. Collocation for which a permit is granted shall be completed within 180 days after issuance of the permit, unless the City and the wireless provider agree to extend this period or a delay is caused by make-ready work for a City utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless the City grants an extension in writing to the applicant.
(g) Duration of Permit. A permit shall be valid for a period of not less than 5 years, and the permit shall be renewed for equivalent durations unless the City makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable codes, City code provisions, or provisions of the Act. Renewals of permits shall be subject to the applicable City code provisions or regulations in effect at the time of renewal.
(h) Submission of Application. Applications for permits and all supporting documentation under this section shall be submitted by personal delivery to the City of East Peoria, Department of Public Works, 2232 East Washington Street, East Peoria, IL 61611.
(i) Application Fees. The application fee to collocate a single small wireless facility on an existing utility pole or wireless support structure is $650 and $350 for each small wireless facility addressed in an application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
The application fee for each small wireless facility addressed in an application that includes the installation of a new wireless support structure for such location is $1,000.00.
An application will be considered incomplete if the appropriate fee is not submitted with the application.
The above fees are not applicable if a service provider has previously been authorized to occupy the rights-of-way for (i) routine maintenance; (ii) the replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller, if the wireless provider notifies the City at least ten (10) days prior to the planned replacement and includes equipment specifications (including, but not limited to the equipment type and model numbers for the antennas and all other wireless equipment association with the small wireless facility) for the replacement of equipment consistent with the requirements of this code and the Act; or (iii) the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable safety codes. However, a permit is required to work within rights-of-way for activities that affect traffic patterns or require lane closures.
4-16.1-5 Annual Recurring Rates.
The wireless services provider who collocates a small wireless facility on a city utility pole located in the right-of-way shall pay an annual recurring rate to the City in the amount of $200 per year.
4-16.1-6 Abandonment and Removal.
A small wireless facility is considered “abandoned” if it is not used for a continuous period of twelve (12) months. The owner of an abandoned small wireless facility shall remove the facility within ninety (90) days after receipt of written notice from the City notifying the owner of the abandonment. If such small wireless facility is not removed within ninety (90) days of such notice, the City may remove or cause to be removed the abandoned facility pursuant to the pole attachment agreement, through an action for the abatement of nuisances, or by other law for removal and cost recovery. The City may remove any Small wireless facility deemed abandoned herein after 90 days prior notice to the owner. The owner of the abandoned Small wireless facility will be liable to the City for reimbursement of any such removal or disposal costs.
4-16.1-7 Sale or Transfer of Small Wireless Facility.
Should an owner of a small wireless facility sell or transfer the ownership of such facility, said owner shall notify the City within thirty (30) days of such sale or transfer of the new owner’s name and contact information.
4-16.1-8 Insurance and Bonds.
The wireless provider must carry, at its own cost and expense, (i) property insurance for its property’s replacement cost against all risks; (ii) workers’ compensation insurance as required by Illinois law; (iii) commercial general liability insurance with respect to its activities on the City’s rights-of-way or improvements, including coverage for bodily injury and property damage. The wireless provider must include the City as an additional insured on the commercial general liability policy and provide certification and documentation of this inclusion at the time of the wireless provider’s application for a permit.
The wireless provider must also file with the City Clerk a certificate of bond in the penal sum of twenty thousand dollars ($20,000.00) with sureties to be approved by the commissioner of accounts and finances, conditioned that the wireless provider, his successors, grantees, assignees or lessees will pay any and all rentals provided for by this section, or which may hereafter be assessed by the City Council, for the use of any public space so occupied, and to indemnify, keep and save the City, its officers and agents free and harmless and to reimburse it or them on account of any and all damages of any kind or character arising from the construction, maintenance or operation of such pole or accessory, and to further indemnify and reimburse all persons damaged or injured by reason of the acts of the wireless provider, his successors, grantees, assigns and lessees in the exercise of the rights and privileges granted under this section. Said bond shall be released when the applicable project is completed.
4-16.1-9 Existing Agreements.
A wireless provider that has an existing agreement with the City on June 1, 2018, for the collocation of small wireless facilities or installation of new utility poles for the collocation of small wireless facilities, must comply with the rates, fees, and terms of that agreement until May 31, 2020. After May 31, 2020, should the said wireless provider choose to accept the rates that are applicable in this Chapter, the wireless provider must notify the City in writing that the wireless provider opts to accept rates, fees, and terms. The existing agreement remains in effect, subject to applicable termination provisions, for the small wireless facilities the small wireless provider has collocated on the City’s utility poles pursuant to applications submitted to the City before the wireless provider provides such notice to exercises its option to accept the rates, fees, and terms of this Chapter.
Section 4. 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 5. 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 6. 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 ______, 2018.
APPROVED:
______Mayor
ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
TO: The Honorable Mayor and the City Council
THRU: Jeffery Eder, City Administrator
FROM: Ty Livingston, Director of Planning & Community Development
DATE: June 1, 2018
SUBJECT: Ordinances establishing regulations of small wireless facilities within public right of way
BACKGROUND: As of June 1, the State of Illinois has enacted the Small Wireless Facilities Deployment Act which addresses small wireless facilities in municipal rights-of-way. Essentially, these devices can be placed on new or existing poles in the municipal rights-of- way to improve existing gaps in cellular coverage and to facilitate the roll-out of the next generation 5-G cellular network. This Small Wireless Facilities Deployment Act drastically limits the City’s ability to regulate the placement and oversight of small wireless facilities and the ability to charge fees for the use of its rights-of-way. However, in working with the City Attorney’s Office we’ve identified the areas where we can regulate and monitor the location and look of small wireless facilities. Those areas are addressed in the three (3) ordinances presented for your approval.
Ordinance #4395 establishes the small wireless facilities ordinance which: establishes the application process for the location of small wireless facilities and their accessories in public rights-of-way , including the erection of new poles; regulates the design, aesthetics and blending of small wireless facilities within the City limits including the Downtown Overlay District and the Four Corners Overlay District as well as placing regulations on facilities in residential areas; establishes the fees allowed by the Small Wireless Facilities Deployment Act; and allows the City to remove abandoned facilities. This new code section essentially allows the City to regulate what the State of Illinois has permitted us to regulate – mostly aesthetics and basic permitting that we currently conduct with other entities (fiber, telecom, cable, etc…) who operate in our rights-of-way. Ordinances #4396 and #4397 amend Titles 6 & 7 to reference the new code section established in #4395.
RECOMMENDATION: Approval as presented.
ORDINANCE NO. 4396
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 2 OF THE EAST PEORIA CITY CODE REGULATING SUBDIVISIONS REGARDING SMALL WIRELESS FACILITIES IN THE RIGHT-OF-WAY
WHEREAS, the City of East Peoria (the “City”) is an Illinois municipal corporation in accordance with the Constitution of the State of Illinois of 1970; and
WHEREAS, the City is authorized under the Illinois Municipal Code (65 ILCS 5/1- 1-1 et seq.) and Illinois law to adopt ordinances pertaining to the public health, safety and welfare; and
WHEREAS, the City is authorized to adopt the amendments contained herein pursuant to its authority to regulate the public right-of-way under Division 80 of Article 11 of the Illinois Municipal Code (65 ILCS 5/11-80-1 et seq.); and
WHEREAS, the City’s Subdivision Code, as enacted in Title 6 of the City Code, establishes requirements for installation and maintenance of utilities within a subdivision, including use of the right-of-way for installation and maintenance of utilities; and
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100- 0585 creating the Small Wireless Facilities Deployment Act (the “Act”), which became effective June 1, 2018; and
WHEREAS, the Act allows the City to regulate small wireless facilities and accessories in municipal rights-of-way; and
WHEREAS, the City uses the public rights-of-way within its City limits to provide essential public services to its residents and businesses; and
WHEREAS, the public rights-of-way within the City are a limited public resource held by the City for the benefit of its citizens, and the City has a duty to ensure that the public rights-of-way are used, repaired, and maintained in a manner that best serves the public interest; and
WHEREAS, the City desires to regulate the siting, design, and construction of small wireless facilities and accessories throughout the City, including the public rights of way in residential areas; and
WHEREAS, the City seeks to minimize the impact of small wireless facilities and accessories on the City and its residents by establishing standards for location, design, landscape screening, and compatibility in residential subdivisions; and
WHEREAS, growing demand for personal wireless telecommunications services has resulted in increasing requests locally from the wireless industry to place small wireless facilities and equipment on utility poles, street light poles, and other structures that are in the public right-of-way throughout the City, including residential areas; and
WHEREAS, the City Council of the City of East Peoria finds that it is in the best interests of the City and its residents to adopt the regulations, procedures, and requirements for small wireless facilities, including amending the East Peoria Subdivision Code as provided herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. Title 6, Chapter 3, Section 2 of the City Code of the City of East Peoria is hereby amended as follows (additions are indicated by underline; deletions by strikeout):
6-3-2. Utilities in general.
(a) All utility lines shall be located underground within Easements or rights-of- way in a manner which will not conflict with other services. Where possible, the location of any utility lines of any nature whatsoever under pavement shall be avoided. All water, sewer, Storm Sewers and gas lines unavoidably located under Street pavement shall be bedded with granular materials as required by the Standard Road and Bridge Specifications or the Standard Water and Sewer Specifications as appropriate and backfilled with granular backfill.
(b) Telephone, electric, cable TV and gas service shall be placed within Easements or rights of way in a manner which will not conflict with other services. Aboveground structures identified with said underground facilities shall be located so as to not be unsightly or hazardous to the public.
(c) Small wireless facilities and accessories shall comply with the location, design and aesthetic requirements of the subdivision plan. Above-ground accessories shall be camouflaged and screened, either by landscaping or fencing according to Chapter 16.1 of Title 4 of this Code and applicable Code provisions relating to appropriate fencing. The camouflaging and screening of all above-ground accessories and all poles and accessories shall be submitted to the City for approval pursuant to Chapter 16.1 of Title 4 of this Code. No small wireless facility, accessory, pole, or structure may be placed in front of a residence, determined to be the street frontage of the width of the residential structure. Neither small wireless facilities, nor their accessories, poles or structures, may obstruct or impede pedestrian traffic, sidewalks, or driveway visibility. In no instance shall a small wireless facility or accessory interfere with the visibility of motorists.
(dc) The Subdivider shall in the manner hereinafter set forth mark the location of certain public utilities passing beneath or adjacent to concrete curbs. The location of utility lines passing beneath a curb shall be marked on the curb immediately above the utility line. All markings shall consist of letters having a height of not less than 4” which are stamped or chiseled into the curb. The following facilities shall be marked in the indicated manner:
(1) The location of sanitary sewer mains or sanitary sewer laterals passing beneath a concrete curb shall be marked “SM”.
(2) The location of watermains passing beneath a concrete curb shall be marked “WM”.
(3) The location of storm sewers passing beneath a concrete curb shall be marked “SS”.
(4) The location of a sanitary sewer manhole or storm sewer manhole not located within a paved street shall be marked “MH” on the nearest point of the adjacent curb with an indication of the distance in feet between the back of the curb and the center of the manhole.
(ed) All water and sanitary sewer mains shall be marked with #12 insulated tracing wire or any alternative material approved by the Director of Public Works.
Section 2. This Ordinance is hereby ordered to be published in pamphlet form by the 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 3. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith except as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.
Section 4. 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 ______, 2018.
APPROVED:
Mayor
ATTEST:
City Clerk
EXAMINED AND APPROVED:
Corporation Counsel
TO: The Honorable Mayor and the City Council
THRU: Jeffery Eder, City Administrator
FROM: Ty Livingston, Director of Planning & Community Development
DATE: June 1, 2018
SUBJECT: Ordinances establishing regulations of small wireless facilities within public right of way
BACKGROUND: As of June 1, the State of Illinois has enacted the Small Wireless Facilities Deployment Act which addresses small wireless facilities in municipal rights-of-way. Essentially, these devices can be placed on new or existing poles in the municipal rights-of- way to improve existing gaps in cellular coverage and to facilitate the roll-out of the next generation 5-G cellular network. This Small Wireless Facilities Deployment Act drastically limits the City’s ability to regulate the placement and oversight of small wireless facilities and the ability to charge fees for the use of its rights-of-way. However, in working with the City Attorney’s Office we’ve identified the areas where we can regulate and monitor the location and look of small wireless facilities. Those areas are addressed in the three (3) ordinances presented for your approval.
Ordinance #4395 establishes the small wireless facilities ordinance which: establishes the application process for the location of small wireless facilities and their accessories in public rights-of-way , including the erection of new poles; regulates the design, aesthetics and blending of small wireless facilities within the City limits including the Downtown Overlay District and the Four Corners Overlay District as well as placing regulations on facilities in residential areas; establishes the fees allowed by the Small Wireless Facilities Deployment Act; and allows the City to remove abandoned facilities. This new code section essentially allows the City to regulate what the State of Illinois has permitted us to regulate – mostly aesthetics and basic permitting that we currently conduct with other entities (fiber, telecom, cable, etc…) who operate in our rights-of-way. Ordinances #4396 and #4397 amend Titles 6 & 7 to reference the new code section established in #4395.
RECOMMENDATION: Approval as presented.
TO: The Honorable Mayor and the City Council
THRU: Jeffery Eder, City Administrator
FROM: Ty Livingston, Director of Planning & Community Development
DATE: May 29, 2018
SUBJECT: Petition of the City of East Peoria for a text amendment to amend the East Peoria Downtown and Four Corners Overlay District Plans to address above ground utilities in the right-of-way.
BACKGROUND: Staff is seeking to include language that would address the placement and aesthetics of above ground utilities within the areas covered in these overlay districts. There have been recent changes in State regulations regarding the siting of above ground utilities more specifically, telecommunication towers/poles within the right-of-row. The City wants to preserve the aesthetics it has established in these overlay districts by limiting the placement of these towers/poles in the right-of-way as best as possible. Additionally, if these above ground utilities are placed within these areas the city wants to have specific requirements regarding the aesthetics of them while working within the parameters of the new State regulations.
At their meeting, the ZBA voted 7-0 to approve the code changes as presented. Since this are independent overlay districts, there will be two separate ordinances to amend each. The language will largely be the same.
RECOMMENDATION: Approval as presented.
ORDINANCE NO. 4393
AN ORDINANCE AMENDING THE PLAN FOR THE EAST PEORIA DOWNTOWN OVERLAY DISTRICT
WHEREAS, the City of East Peoria has previously designated an overlay district titled the “Downtown Overlay District”; and
WHEREAS, the Downtown Overlay District lies within the B-3 Business Service District; and
WHEREAS, the Downtown Overlay District Plan and the Streetscape Plan regulate the design and aesthetics of the Downtown Overlay District, including the rights-of-way; and
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100- 0585 entitled the “Small Wireless Facilities Deployment Act,” (the “Act”), which regulates small wireless facilities; and
WHEREAS, the Act allows the City to regulate small wireless facilities in municipal rights-of-way; and
WHEREAS, the City desires to regulate the siting, design, and construction of small wireless facilities in the public rights-of-way throughout the City, including the Downtown Overlay District; and
WHEREAS, the City seeks to minimize the impact of small wireless facilities on the City in the Downtown Overlay District and to maintain the consistency of the design and streetscape in the Downtown Overlay District; and
WHEREAS, the City Council of the City of East Peoria finds that it is in the best interests of the City and its residents to adopt the “Plan for the East Peoria Downtown Overlay District – First Amendment” attached hereto and incorporated herein as “Exhibit A”;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. The City Council hereby adopts the findings and recitations hereinabove set forth. Section 2. The First Amendment to the Plan for the East Peoria Downtown Overlay District, as attached hereto and incorporated herein as Exhibit A, is hereby approved.
Section 3. Except as specifically modified within the First Amendment to the Plan for the East Peoria Downtown Overlay District, the zoning regulations applicable within the Affected District, along with all other applicable provisions of the City Code, shall as from time to time be amended, continue to apply within the Downtown Overlay District.
Section 4. 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 5. 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 6. 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 ______, 2018. APPROVED:
______Mayor ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel EXHIBIT A
Plan for the East Peoria Downtown Overlay District – First Amendment
PLAN FOR EAST PEORIA DOWNTOWN OVERLAY DISTRICT – FIRST AMENDMENT (June 2018)
PLAN FOR THE EAST PEORIA DOWNTOWN OVERLAY DISTRICT
I.
DESCRIPTION OF THEME AND PURPOSE OF THE EAST PEORIA DOWNTOWN OVERLAY DISTRICT.
The East Peoria Downtown Overlay District (the “Downtown Overlay District”) consists of the property legally described in “Attachment 1” and shown on the map at “Attachment 2,” both of which are appended hereto and incorporated herein by reference. The Downtown Overlay District is located within the “B-3, Business Service District” (the “B-3 District”) established under the zoning code of the City of East Peoria (the “Zoning Code”). The Downtown Overlay District established pursuant to this plan (the “Plan”) is intended not only to attract commercial, office and governmental facilities housed in modern retail and office buildings, some with residential facilities, but also to encourage a pedestrian friendly urban environment. The City has developed an East Peoria Downtown Streetscape Plan (the “Streetscape Plan”) showing the proposed streetscaping plan for the Downtown Overlay District which includes all public rights-of- way and all parking areas to be constructed within the area governed by this Plan. This Streetscape Plan is comprised of this document, the schematics of the Downtown Overlay District, the Declaration of Covenants, Conditions and Restrictions for East Peoria Downtown, and various other drawings and schematics that describe this Downtown Overlay District and the utilities, signs, and monuments therein. This Streetscape Plan depicts the City’s goals for public areas within the Downtown Overlay District and adjoining areas as shown by the various drawings and schematics for the Downtown Overlay District. The Streetscape Plan will evolve over time as development occurs within the Downtown Overlay District. The most current version of the Streetscape Plan shall be available in the City’s Department of Planning and Community Development. Achieving the various goals established by this Plan will require the modification of some regulations typically applicable within the B-3 District.
II.
MODIFICATIONS TO ZONING REGULATIONS APPLICABLE WITHIN THE DOWNTOWN OVERLAY DISTRICT
Certain standards and regulations which are generally applicable in the B-3 District along with other more generally applicable provisions of the Zoning Code are modified within the Downtown Overlay District, but only to the extent hereinafter set forth:
1. RESIDENTIAL USES. The Zoning Code at 5-9-4 provides that residential facilities having more than 25 dwelling units are allowed as a special use in the B-3 District. The Zoning Code does not authorize the establishment of any residential use in the B-3 District other than facilities having more than 25 dwelling units. In order to
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encourage a broader range of residential uses, the following alternate regulations shall apply within the Downtown Overlay District.
a. Residential dwelling units may be established as a permitted use within the Downtown Overlay District, but only under the following conditions:
(1) such dwelling units are on the second, third or fourth floor of a structure where the first floor is devoted to a retail or office use lawfully established within the B-3 District; and
(2) the structure containing such dwelling units’ fronts on the streets identified at Attachment 3 as “West Washington Street” or “Richland Street”; and
(3) the structure containing such dwelling units does not exceed four stories in height; and
(4) dwelling units shall not be located on the same floor of a building as non-residential uses. No dwelling unit on a floor containing only residential uses may be converted to a non-residential use unless all dwelling units on such floor are simultaneously converted to code compliant non-residential uses. No space on a floor containing any non- residential use may be converted into a dwelling unit unless all space on that floor is simultaneously converted into code compliant dwelling units.
b. Other residential facilities of any nature may be established within the Downtown Overlay District as a special use in accordance with the procedures prescribed by the Zoning Code.
2. FRONT, SIDE, AND REAR YARD SETBACKS AND LOT COVERAGE. The Zoning Code at 5-9-4(d) provides for a front yard having a depth of not less than 50 feet, provides that every corner lot on which a building is constructed shall have a front yard on each adjoining street, requires side yards of not less than 5 feet and combined total side yards of not less than 15 feet and requires a rear yard setback of not less than 20 feet. Section 5-9-4(d) also provides that not more than 40% of the area of a lot may be covered by buildings or structures. The standards established at Section 5-9-4(d) are modified within the Downtown Overlay District, but only to the following extent:
a. Buildings fronting on West Washington Street, Commercial Drive, Edmund Street or Richland Street may be constructed with no front, side or rear yard setbacks.
b. Buildings fronting on West Washington Street or Richland Street may cover up to 100% of the lot upon which such buildings are located.
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3. WIDTH OF SIDEWALKS. Sidewalks on West Washington Street between its intersection with Richland Street and the roundabout as shown on the Streetscape Plan along the pedestrian spine as shown on the Streetscape Plan shall have a width of 15 feet. All other sidewalks in the Downtown Overlay District shall have a minimum width of six feet.
4. PROJECTING AWNINGS AND CANOPIES. The Zoning Code does not authorize decorative awnings and canopies which project into the public right of way. With respect to buildings fronting on West Washington Street, decorative awnings and canopies for buildings placed on or near the front property line may project across the front property line into the public right of way subject to the following limitations:
a. No such awning or canopy may project beyond the perpendicular plane established by the centerline of the adjoining sidewalk.
b. Any such awning or canopy and the associated framing system shall be designed to resist deterioration due to weathering, to withstand applicable wind and snow loads and to prevent nesting or roosting by birds.
c. No portion of any awning or canopy including the underside thereof shall have unfinished framing or fasteners.
5. SIDEWALK DINING. Any restaurant fronting on West Washington Street or lying within 105 feet of the nearest right of way of West Washington Street may place tables and chairs on the sidewalk immediately adjoining the front of any portion of a building occupied by such restaurant subject to the following conditions:
a. Only tables, chairs and other personal property which facilitates outdoor dining may be placed on the adjoining sidewalk.
b. Any dining facilities placed on a sidewalk shall be located between the centerline of the sidewalk running generally parallel with the front of the adjoining building and the front of the adjoining building.
c. The proprietor of the restaurant may erect movable fences or other similar movable barriers having a height of not more than three feet surrounding the authorized dining area for the purpose of discouraging passing pedestrians from walking through the outdoor dining area. Any such fence or barrier shall have openings which provide convenient access to any doorways located within the adjoining building.
d. All such outdoor dining areas shall be maintained in a clean and sanitary condition with unconsumed food removed promptly after the departure of the patrons to whom such food was served. The proprietor shall be responsible for the prompt removal of any litter or debris generated by or located within the outdoor dining area.
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e. All tables, chairs, fences and similar items placed on a sidewalk shall be composed of corrosion resistant materials which are maintained in an attractive condition.
f. Sidewalk Dining facilities shall be established and maintained in accordance with a site plan approved by the Zoning Administrator of the City.
6. SCREENING AND LANDSCAPING. 5-4-11 of the City Code establishes screening and landscaping requirements which are applicable within the City. For buildings fronting on West Washington Street or Richland Street, the screening and landscaping requirements imposed by 5-4-11 as modified by this Plan shall be adjusted with respect to any such buildings with reduced or nonexistent front, side and/or rear yards as authorized by Section 2 of this Plan or to accommodate such buildings which cover all or substantially all of the zoning lot on which the building is located. The Zoning Administrator shall during the process of reviewing the site plan for development of any zoning lot fronting on West Washington Street have the authority to proportionately reduce screening and landscaping requirements to the extent necessary to accommodate a structure with reduced front or side yard setbacks or substantial lot coverage.
7. MODIFICATIONS TO LANDSCAPING POINT SYSTEM. In order to encourage the establishment of sustainable and cost-effective landscaping within the Downtown Overlay District, the City encourages the use of native or adaptive plants. In order to encourage a pedestrian friendly environment, the City also encourages the use of onsite outdoor furnishings, art and other related appurtenances. Within the Downtown Overlay District, the screening and landscaping requirements established at Section 5-4-11 of the Zoning Code are modified as follows:
a. Landscape Point System for Plants. Plants listed in the “Recommended Native / Adapted Plant Species List” hereinafter set forth will be given additional points over non-native species as listed in the table below. Native Species and certain non-native flowering perennials and grasses shall be assigned the following point values under section 5-4-11:
Plant Classification Base Value Shade Tree (Native Species List) 24 points Intermediate Tree (Native Species List) 16 points Evergreen and Deciduous Shrubs (Native 4 points Species List) Flowering Perennials and Grasses (Non- 1 point per 25 Sq. Ft.* Native Species) Flowering Perennials and Grasses (Native 1 point per 10 Sq. Ft.* Species)
5
*To qualify for points based on square footage, perennials and grasses must be spaced at no more than ½ of the maximum spread as published in a reputable Nursery Catalog. b. Landscape Point System for On Site Outdoor Furnishings. Subject to the limitations herein set forth, on site outdoor furnishings are eligible for points that can be applied toward the site landscape point requirements. The values applicable to specific furnishings are listed in the table below:
Furnishing Type Base Value Chair (Single) 8 points Chairs (Set of 2) 16 points Table w/ Chairs 20 points Bench 16 points
(1) On site outdoor furnishings are not intended to replace plant material, but rather to compliment site landscaping. Points achieved from such furnishings may be used to replace a maximum of 20% of the landscape points required for each site area (i.e. 20% of Parking Lot Requirements and/or 20% of Front Yard Requirements.)
(2) On site outdoor furnishings, fountains, sculpture, hardscape plazas and other amenities not listed in the above table may be awarded points at the discretion of the Zoning Administrator and shall be determined on a case by case basis. c. Front Yard Landscaping. The number of points required for landscaping of front yards shall be based on the overall length of the lot frontage as measured in feet along the property line divided by one and one half (1-1/2). For example, if the front yard lot frontage of a zoning lot is one hundred and sixty-five (165) feet in length, then the landscaping must generate one hundred and ten (110) points.
Requirements for zoning lots with a front yard of reduced size as authorized by this plan will be modified on a case by case basis. d. Parking Lot Landscaping. The number of points required for parking lot landscaping shall be equal to one and one-half (1-1/2) times the required number of parking spaces.
(1) The minimum unpaved area for planting all types of trees within parking lots shall not be less than one hundred and sixty (160) square feet per tree. Shade trees and intermediate trees shall not be planted in any area with a width of less than seven (7) feet (back of curb to back of curb).
6
Evergreen trees shall not be planted in an area with a width of less than twelve (12) feet. Shrubs shall not be planted in areas with a width of less than four (4) feet. Measurements are back-of-curb to back-of-curb. The locations of parking lot landscaping will be subject to review and approval by the zoning administrator. e. Minimum Landscaping Requirements.
(1) Not less than twenty-five (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the shrub classification.
(2) Not less than twenty-five (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the tree classification.
(3) Not less than (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the Perennials and/or Grasses classification. f. Recommended Native / Adapted Species List. Only plantings from this list are eligible for “Native Plant Points”. Additional native plant materials not on this list may or may not be eligible for “Native Plant” points. Determination of eligibility will be based on the specific plants suitability for use in a case by case basis as determined by the Zoning Administrator. Preference will be given to species that are drought tolerant and winter hardy for this region.
The goal of this species list is to encourage the congruency of the plant palette throughout the Downtown Overlay District. Additionally, the use of native adapted plantings is intended to reduce maintenance and provide healthier plant material. Use of propagated cultivars of the species below is encouraged to provide the best quality plant material.
Shade Trees/Intermediate Trees: American Hornbeam (Carpinus caroliniana) American Plum (Prunus americana) Bald Cyprus (Taxodium distichum) Black Tupelo (Nyssa sylvatica) Birch species Cockspur Hawthorn (Crataegus mollis) Downy Serviceberry (Amelanchier arborea) Shadblow Serviceberry (Amelanchier canadensis) Eastern Redbud (Cercis canadensis) Eastern White Pine (Pinus strobus) Hackberry (Celtis occidentalis)
7
Honeylocust (Gleditsia tricanthos var. inermis) Hophornbeam (Ostrya virginiana) Juniperius virginiana (Red Cedar) Linden (Tilia americana) Kentucky Coffee Tree* (Gymnocladus dioicus) Maple species Oak species Ohio Buckeye* (Aesculus glabra) Witchhazel (Hamamelis virginiana) *Male plants only (non-fruiting)
Shrubs: American Hazelnut (Corylus americana) Burning Bush (Euonymous alatus) Buttonbush (Cephalanthus occidentalis) Common Juniper (Juniperus communis) Common Ninebark (Physocarpus opulifolia) Common Winterberry (Ilex verticulata) Cornus species Mock Orange (Philadelphus pubescens) Red Twig Dogwood (Cornus sericea) Rhus species Shubby Cinquefoil (Potentilla fruiticosa/Dasiphora fruiticosa) Silky Dogwood (Cornus amomum) Viburnum species Virginia Sweetspire (Itea virginiana)
Flowering Perennials: Aster species Baptisia species Bee Balm (Mondarda didyma) Blazing Star (Liatris spicata) Bluestar (Amsonia tabernaemontana) Butterfly Weed (Asclepias tuberosa) Coreopsis species Dwarf Bush Honeysuckle (Diervilla lonicera) Echinacea species Iris species Joe-Pye Weed (Eupatorium sp) Cardinal Flower (Lobelia cardinalis) Leucanthemum species Gayfeather (Liatris spicata) Lirope species Phlox species Rudbeckia species Russian Sage (Pervoskia atriplicifolia)
8
Sage (Salvia nemorosa) Sedum species
Grasses: Feather Reed Grass (Calamagrostis acutiflora) Carex Species Northern Sea Oats (Chasmanthium latifolium) Blue Fescue (Fesuca glauca) Bloodgrass (Impeata cylidrica) Miscanthus species Panicum species Pennisetum species Big Bluestem (Andropogon gerardii) Little Bluestem (Schizachyrium scoparium) Indian Grass (Sorghastrum nutans) Prairie Dropseed (Sporobolus heterolepis)
8. PARKING REGULATIONS. Title 5, Chapter 7 of the Zoning Code regulates the number and placement of off street parking facilities. With respect to parcels fronting on West Washington Street, on street parking spaces located immediately adjacent to the zoning lot occupied by such building may be counted for purposes of determining compliance with minimum parking requirements for non- residential uses established on such parcels. All parking requirements for retail uses in the Downtown shall be 4 spaces per 1,000 square feet of building space. Commercial uses fronting on West Washington or lying within 105 feet of the nearest right of way of West Washington Street shall not be required to provide off-street parking facilities should their total square footage be less than 10,000 square feet. Dwelling units established as a permitted use on the second, third or fourth floor of a building as authorized by paragraph 1(a) of this plan shall be provided with dedicated onsite parking spaces in sufficient number to comply with the requirements of the Zoning Code. All other uses shall comply with the parking requirements imposed by the Zoning Code.
9. ACCOMMODATION OF BICYCLES. Bicycle racks capable of accommodating two bicycles for each 300 lineal feet of building frontage shall be provided, located and properly maintained in convenient proximity to all commercial facilities. Owners and occupants of individual commercial facilities having less than 300 lineal feet of building frontage may work cooperatively with other similarly situated owners and occupants to provide the required density of bicycle racks. In lieu of this standard, owners and occupants may provide bicycle racks in accordance with standards established by the U.S. Green Building Councils Leadership in Energy and Environmental Design (“LEED”) Program.
10. ACCOMMODATION OF ELECTRIC VEHICLES. The placement of charging stations for electrically powered vehicles shall be considered.
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11. ENERGY EFFICIENCY AND ENVIRONMENTAL DESIGN ENCOURAGED. Efforts and projects that further the goals of energy efficiency and environmental design are encouraged. Reasonable modifications, adjustments or waivers of the standards set forth in this Plan and in the Zoning Code, shall be considered if necessary to meet standards established by the LEED Program or the Energy Star Program.
12. LOCATION OF UTILITIES. The goal of the Streetscape Plan is to maintain consistency in the design and aesthetics of the Downtown Overlay District. To maintain the design and desired aesthetics, all utilities shall be located underground in the rights-of-way in a manner that will not conflict with other services.
Any utility accessories, including but not limited to any antenna, pole or box, that are required to be above ground, shall comply with the Downtown Overlay District’s design standards and shall be approved by the Design Review Committee. Design shall include, but not be limited to, the blending of such accessories into the surrounding environment through the use of camouflaging architectural treatment that complies with the existing design plan. Poles that are necessary to be above ground, shall be consistent with the design and location of light poles as described in paragraph 13 below and shall be presented to the Design Review Committee for approval prior to erection. Should any accessory be placed on a current pole, the accessory shall blend in color and style with said pole. The Design Review Committee shall have the discretion to implement stealthing technology to maintain the design, theme and desired aesthetics of the Downtown Overlay District.
Should the Design Review Committee determine the proposed location of a utility accessory is objectionable based on the goals of the Downtown Overlay District, the Design Review Committee shall propose an alternative site for such accessory.
Appeals of the Design Review Committee’s decisions shall be made to the Zoning Board of Appeals pursuant to this Code.
13. DESIGN AND LOCATION OF LIGHT POLES. Above ground light poles shall be consistent with and conform to the Sternberg, double light fixture model, a description and of the model and schematic is on file with the City’s Department of Planning and Community Development or a functionable equivalent as approved by the Design Review Committee. Spacing of light poles shall be approved by the Design Review Committee.
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ATTACHMENT 1
LEGAL DESCRIPTION OF DOWNTOWN OVERLAY DISTRICT
Part of East Half of Section 32, Township 26 North, Range 4 West of the Third Principal Meridian, Tazewell County, Illinois.
Including: All of Technology Park Subdivision (Recorded in Plat Book “CCC” Pages 24 and 25 at the Tazewell County Recorder’s Office). (Parcels 1-6 as shown on Exhibit B)
Also: That part of former Peoria & Pekin Union Railway Company right of way bounded by Technology Park Subdivision, Farm Creek, the east line of the Northeast Quarter of Section 32, Town Center II (Recorded in Plat Book “GG” Page 71 at the Tazewell County Recorder’s Office) and Washington Street. (Parcel 7 as shown on Exhibit B)
Also: Part of Lot 1 of the Subdivision of Lot 11 of C. Balance’s Elk Park (As Recorded in Book “D” Page 48), except that part of Lot 6 of Technology Park Subdivision. (Parcels 8-14 as shown on Exhibit B)
Also: Lots 1-4 and Lots 7-14 of Brown and Bourland Subdivision (Recorded in Plat Book “D” Page 76 at the Tazewell County Recorder’s Office), being a subdivision of Lots 10 and 11 of C. Ballance’s Elk Park Subdivision (Recorded in Plat Book “A” Page 42 at the Tazewell County Recorder’s Office) (Parcels 16-18 and 28-36 as shown on Exhibit B)
Also: Lots: 1-6, 51- 57, 68 and part of Lots 7, 8, 58- 62 and 115 in Richland Farms Subdivision (Recorded in Plat Book “F” Page 50 at the Tazewell County Recorder’s Office) (Parcels 37-58 as shown on Exhibit B)
Also: Lots 1-8 of Millard and Dennis Addition (Recorded in Plat Book “E” Page 42 at the Tazewell County Recorder’s Office), being a subdivision of Lot 5 of Brown and Bourland Subdivision (Recorded in Plat Book “D” Page 76 at the Tazewell County Recorder’s Office), and Lot 11 of C. Ballance’s Elk Park Subdivision (Recorded in Plat Book “A” Page 42 at the Tazewell County Recorder’s Office) (Parcels 15 and 19-23 as shown on Exhibit B)
Also: Commencing at a point on the easterly right of way line of Center Street where the same intersects the south line of Lot 11 in Elk Park Subdivision (recorded in Plat Book “A“, page 42 at the Tazewell County Recorder’s Office), as the Point of Beginning; thence in an easterly
11 direction along said south line of Lot 11, a distance of 140 feet, more or less; thence in a southerly direction, to the south line of Lot 26 in Cummings Plat for Taxation (recorded in Plat Book “I”, Page 23 at the Tazewell County Recorder’s Office); thence in a westerly direction, along said south line of Lot 26, to said easterly right of way line of Center Street; thence in a northerly direction, along said easterly right of way line, to the Point of Beginning. (Parcels 24-27 as shown on Exhibit B)
Also: The easterly 150 feet of Lot 126. (Parcel 59 as shown on Exhibit B)
Also: The alleys and streets lying within the expansion area as shown on Attachment 2.
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13
TO: The Honorable Mayor and the City Council
THRU: Jeffery Eder, City Administrator
FROM: Ty Livingston, Director of Planning & Community Development
DATE: May 29, 2018
SUBJECT: Petition of the City of East Peoria for a text amendment to amend the East Peoria Downtown and Four Corners Overlay District Plans to address above ground utilities in the right-of-way.
BACKGROUND: Staff is seeking to include language that would address the placement and aesthetics of above ground utilities within the areas covered in these overlay districts. There have been recent changes in State regulations regarding the siting of above ground utilities more specifically, telecommunication towers/poles within the right-of-row. The City wants to preserve the aesthetics it has established in these overlay districts by limiting the placement of these towers/poles in the right-of-way as best as possible. Additionally, if these above ground utilities are placed within these areas the city wants to have specific requirements regarding the aesthetics of them while working within the parameters of the new State regulations.
At their meeting, the ZBA voted 7-0 to approve the code changes as presented. Since this are independent overlay districts, there will be two separate ordinances to amend each. The language will largely be the same.
RECOMMENDATION: Approval as presented.
ORDINANCE NO. 4394
AN ORDINANCE AMENDING THE PLAN FOR THE EAST PEORIA FOUR CORNERS OVERLAY DISTRICT
WHEREAS, the City of East Peoria has previously designated an overlay district titled the “Four Corners Overlay District”; and
WHEREAS, the Four Corners Overlay District lies within the R-4, B-1, B-2, B-3 and M-1 Zoning Districts; and
WHEREAS, the Four Corners Overlay District Plan regulates the design and aesthetics of the Four Corners Overlay District, including the rights-of-way; and
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100- 0585 entitled the “Small Wireless Facilities Deployment Act,” (the “Act”), which regulates small wireless facilities; and
WHEREAS, the Act allows the City to regulate small wireless facilities in municipal rights-of-way; and
WHEREAS, the City desires to regulate the siting, design, and construction of small wireless facilities in the public rights-of-way throughout the City, including the Four Corners Overlay District; and
WHEREAS, the City seeks to minimize the impact of small wireless facilities on the City in the Four Corners Overlay District and to maintain the consistency of the design and streetscape in the Four Corners Overlay District; and
WHEREAS, the City Council of the city of East Peoria finds that it is in the best interests of the City and its residents to adopt the “Plan for the East Peoria Four Corners Overlay District – First Amendment” attached hereto and incorporated herein as “Exhibit A”;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. The City Council hereby adopts the findings and recitations hereinabove set forth.
Section 2. The First Amendment to the East Peoria Four Corners Overlay District, as attached hereto and incorporated herein as Exhibit A, is hereby approved. Section 3. Except as specifically modified within the First Amendment to the Plan for the East Peoria Four Corners Overlay District, the zoning regulations applicable within the Affected Districts, along with all other applicable provisions of the City Code, shall as from time to time be amended, continue to apply within the Four Corners Overlay District.
Section 4. 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 5. 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 6. 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 ______, 2018.
APPROVED:
______Mayor
ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
EXHIBIT A
Plan for the East Peoria Four Corners Overlay District – First Amendment
PLAN FOR EAST PEORIA FOUR CORNERS OVERLAY DISTRICT – FIRST AMENDMENT (June 2018) PLAN FOR THE EAST PEORIA FOUR CORNERS OVERLAY DISTRICT
I.
DESCRIPTION OF THEME AND PURPOSE OF THE EAST PEORIA FOUR CORNERS OVERLAY DISTRICT.
The East Peoria Four Corners Overlay District (the “Four Corners Overlay District”) consists of the property legally described in “Attachment 1” and shown on the map in “Attachment 2”, both of which are appended hereto and incorporated herein by reference. The Four Corners Overlay District established pursuant to this plan (the “Plan”) is intended not only to attract commercial, office and governmental facilities housed in modern retail and office buildings, some with residential facilities, but also to encourage a pedestrian friendly urban. Achieving the various goals established by this Plan will require the modification of some regulations typically applicable under the City’s Zoning Ordinance.
II.
MODIFICATIONS TO ZONING REGULATIONS APPLICABLE WITHIN THE FOUR CORNERS OVERLAY DISTRICT
Certain standards and regulations which are generally applicable in the R-4 Multiple-Family Dwelling District, the Business Zoning Districts (B-1, B-2, B-3) and the M-1 Manufacturing District, limited along with other more generally applicable provisions of the Zoning Code are modified within the Four Corners Overlay District, but only to the extent hereinafter set forth:
1. RESIDENTIAL USES. The Zoning Code at sections 5-8-6, 5-9-2, 5-9-3, 5-9-4 and 5-10-2 all impose various limits on residential uses in the R-4, B-1, B-2, B-3 and M-1 zoning districts. In order to encourage a broader range of residential uses, the following alternate regulations shall apply within the Four Corners Overlay District.
a. Residential dwelling units may be established as a permitted use within the Four Corners Overlay District, but only under the following conditions:
(1) such dwelling units are on the second, third or fourth floor of a structure where the first floor is devoted to a retail or office use lawfully established within the Four Corners Overlay District; and
(2) the structure containing such dwelling units does not exceed four stories in height; and
(3) dwelling units shall not be located on the same floor of a building as non-residential uses. No dwelling unit on a floor containing only residential uses may be converted to a non-residential use unless all dwelling units on such floor are simultaneously converted to code compliant non-residential uses. No space on a floor containing any non-
2 residential use may be converted into a dwelling unit unless all space on that floor is simultaneously converted into code compliant dwelling units.
b. Other residential facilities of any nature may be established within the Four Corners Overlay District as a special use in accordance with the procedures prescribed by the Zoning Code.
2. FRONT, SIDE, AND REAR YARD SETBACKS AND LOT COVERAGE. The Zoning Code at Sections 5-8-6, 5-9-2, 5-9-3, 5-9-4 and 5-10-2 all impose various setback requirements, minimum side yard requirements and coverage limitations. The standards established in the aforesaid section are modified within the Four Corners Overlay District, but only to the following extent:
a. Buildings fronting on East Washington Street may be constructed with no front, side or rear yard setbacks.
b. Buildings fronting on East Washington Street between the railroad tracks and Cole Creek viaduct may cover up to 100% of the lot upon which such buildings are located.
3. WIDTH OF SIDEWALKS. Sidewalks on East Washington Street between the railroad tracks and Cole Creek viaduct shall have a width of 15 feet where feasible. All other sidewalks in the Four Corners Overlay District shall have a minimum width of six feet.
4. PROJECTING AWNINGS AND CANOPIES. The Zoning Code does not authorize decorative awnings and canopies which project into the public right of way. With respect to buildings fronting on East Washington Street, decorative awnings and canopies for buildings placed on or near the front property line may project across the front property line into the public right of way subject to the following limitations:
a. No such awning or canopy may project beyond the perpendicular plane established by the centerline of the adjoining sidewalk.
b. Any such awning or canopy and the associated framing system shall be designed to resist deterioration due to weathering, to withstand applicable wind and snow loads and to prevent nesting or roosting by birds.
c. No portion of any awning or canopy including the underside thereof shall have unfinished framing or fasteners.
5. SIDEWALK DINING. Any restaurant fronting on East Washington Street or lying within 105 feet of the nearest right of way of East Washington Street may place tables and chairs on the sidewalk immediately adjoining the front of any portion of a building occupied by such restaurant subject to the following conditions:
a. Only tables, chairs and other personal property which facilitates outdoor dining may be placed on the adjoining sidewalk.
3 b. Any dining facilities placed on a sidewalk shall be located between the centerline of the sidewalk running generally parallel with the front of the adjoining building and the front of the adjoining building.
c. The proprietor of the restaurant may erect movable fences or other similar movable barriers having a height of not more than three feet surrounding the authorized dining area for the purpose of discouraging passing pedestrians from walking through the outdoor dining area. Any such fence or barrier shall have openings which provide convenient access to any doorways located within the adjoining building.
d. All such outdoor dining areas shall be maintained in a clean and sanitary condition with unconsumed food removed promptly after the departure of the patrons to whom such food was served. The proprietor shall be responsible for the prompt removal of any litter or debris generated by or located within the outdoor dining area.
e. All tables, chairs, fences and similar items placed on a sidewalk shall be composed of corrosion resistant materials which are maintained in an attractive condition.
f. Sidewalk Dining facilities shall be established and maintained in accordance with a site plan approved by the Zoning Administrator of the City.
6. SCREENING AND LANDSCAPING. 5-4-11 of the City Code establishes screening and landscaping requirements which are applicable within the City. For buildings fronting on East Washington Street, the screening and landscaping requirements imposed by 5-4-11 as modified by this Plan shall be adjusted with respect to any such buildings with reduced or nonexistent front, side and/or rear yards as authorized by Section 2 of this Plan or to accommodate such buildings which cover all or substantially all of the zoning lot on which the building is located. The Zoning Administrator shall during the process of reviewing the site plan for development of any zoning lot fronting on East Washington Street have the authority to proportionately reduce screening and landscaping requirements to the extent necessary to accommodate a structure with reduced front or side yard setbacks or substantial lot coverage.
7. MODIFICATIONS TO LANDSCAPING POINT SYSTEM. In order to encourage the establishment of sustainable and cost-effective landscaping within the Four Corners Overlay District, the City encourages the use of native or adaptive plants. In order to encourage a pedestrian friendly environment, the City also encourages the use of onsite outdoor furnishings, art and other related appurtenances. Within the Four Corners Overlay District, the screening and landscaping requirements established at Section 5-4-11 of the Zoning Code are modified as follows:
a. Landscape Point System for Plants. Plants listed in the “Recommended Native / Adapted Plant Species List” hereinafter set forth will be given additional points over non-native species as listed in the table below. Native Species and certain non-native flowering perennials and grasses shall be assigned the
4 following point values under section 5-4-11:
Plant Classification Base Value Shade Tree (Native Species List) 24 points Intermediate Tree (Native Species List) 16 points Evergreen and Deciduous Shrubs (Native 4 points Species List) Flowering Perennials and Grasses (Non- 1 point per 25 Sq. Ft.* Native Species) Flowering Perennials and Grasses (Native 1 point per 10 Sq. Ft.* Species) *To qualify for points based on square footage, perennials and grasses must be spaced at no more than ½ of the maximum spread as published in a reputable Nursery Catalog. b. Landscape Point System for On Site Outdoor Furnishings. Subject to the limitations herein set forth, on site outdoor furnishings are eligible for points that can be applied toward the site landscape point requirements. The values applicable to specific furnishings are listed in the table below:
Furnishing Type Base Value Chair (Single) 8 points Chairs (Set of 2) 16 points Table w/ Chairs 20 points Bench 16 points
(1) On-site outdoor furnishings are not intended to replace plant material, but rather to compliment site landscaping. Points achieved from such furnishings may be used to replace a maximum of 20% of the landscape points required for each site area (i.e. 20% of Parking Lot Requirements and/or 20% of Front Yard Requirements.)
(2) On-site outdoor furnishings, fountains, sculpture, hardscape plazas and other amenities not listed in the above table may be awarded points at the discretion of the Zoning Administrator and shall be determined on a case by case basis. c. Front Yard Landscaping. The number of points required for landscaping of front yards shall be based on the overall length of the lot frontage as measured in feet along the property line divided by one and one half (1-1/2). For example, if the front yard lot frontage of a zoning lot is one hundred and sixty-five (165) feet in length, then the landscaping must generate one hundred and ten (110) points.
5 Requirements for zoning lots with a front yard of reduced size as authorized by this plan will be modified on a case by case basis. d. Parking Lot Landscaping. The number of points required for parking lot landscaping shall be equal to one and one-half (1-1/2) times the required number of parking spaces.
(1) The minimum unpaved area for planting all types of trees within parking lots shall not be less than one hundred and sixty (160) square feet per tree. Shade trees and intermediate trees shall not be planted in any area with a width of less than seven (7) feet (back of curb to back of curb). Evergreen trees shall not be planted in an area with a width of less than twelve (12) feet. Shrubs shall not be planted in areas with a width of less than four (4) feet. Measurements are back-of-curb to back-of-curb. The locations of parking lot landscaping will be subject to review and approval by the zoning administrator. e. Minimum Landscaping Requirements.
(1) Not less than twenty-five (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the shrub classification.
(2) Not less than twenty-five (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the tree classification.
(3) Not less than (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the Perennials and/or Grasses classification. f. Recommended Native / Adapted Species List. Only plantings from this list are eligible for “Native Plant Points”. Additional native plant materials not on this list may or may not be eligible for “Native Plant” points. Determination of eligibility will be based on the specific plants suitability for use in a case by case basis as determined by the Zoning Administrator. Preference will be given to species that are drought tolerant and winter hardy for this region.
The goal of this species list is to encourage the congruency of the plant palette throughout the Four Corners Overlay District. Additionally, the use of native adapted plantings is intended to reduce maintenance and provide healthier plant material. Use of propagated cultivars of the species below is encouraged to provide the best quality plant material.
Shade Trees/Intermediate Trees: American Hornbeam (Carpinus caroliniana) American Plum (Prunus americana)
6 Bald Cyprus (Taxodium distichum) Black Tupelo (Nyssa sylvatica) Birch species Cockspur Hawthorn (Crataegus mollis) Downy Serviceberry (Amelanchier arborea) Shadblow Serviceberry (Amelanchier canadensis) Eastern Redbud (Cercis canadensis) Eastern White Pine (Pinus strobus) Hackberry (Celtis occidentalis) Honeylocust (Gleditsia tricanthos var. inermis) Hophornbeam (Ostrya virginiana) Juniperius virginiana (Red Cedar) Linden (Tilia americana) Kentucky Coffee Tree* (Gymnocladus dioicus) Maple species Oak species Ohio Buckeye* (Aesculus glabra) Witchhazel (Hamamelis virginiana) *Male plants only (non-fruiting)
Shrubs: American Hazelnut (Corylus americana) Burning Bush (Euonymous alatus) Buttonbush (Cephalanthus occidentalis) Common Juniper (Juniperus communis) Common Ninebark (Physocarpus opulifolia) Common Winterberry (Ilex verticulata) Cornus species Mock Orange (Philadelphus pubescens) Red Twig Dogwood (Cornus sericea) Rhus species Shubby Cinquefoil (Potentilla fruiticosa/Dasiphora fruiticosa) Silky Dogwood (Cornus amomum) Viburnum species Virginia Sweetspire (Itea virginiana)
Flowering Perennials: Aster species Baptisia species Bee Balm (Mondarda didyma) Blazing Star (Liatris spicata) Bluestar (Amsonia tabernaemontana) Butterfly Weed (Asclepias tuberosa) Coreopsis species Dwarf Bush Honeysuckle (Diervilla lonicera) Echinacea species Iris species Joe-Pye Weed (Eupatorium sp) Cardinal Flower (Lobelia cardinalis)
7 Leucanthemum species Gayfeather (Liatris spicata) Lirope species Phlox species Rudbeckia species Russian Sage (Pervoskia atriplicifolia) Sage (Salvia nemorosa) Sedum species
Grasses: Feather Reed Grass (Calamagrostis acutiflora) Carex Species Northern Sea Oats (Chasmanthium latifolium) Blue Fescue (Fesuca glauca) Bloodgrass (Impeata cylidrica) Miscanthus species Panicum species Pennisetum species Big Bluestem (Andropogon gerardii) Little Bluestem (Schizachyrium scoparium) Indian Grass (Sorghastrum nutans) Prairie Dropseed (Sporobolus heterolepis)
8. PARKING REGULATIONS. Title 5, Chapter 7 of the Zoning Code regulates the number and placement of off street parking facilities. With respect to parcels fronting on East Washington Street, on street parking, as well as public lot, spaces located immediately adjacent to the zoning lot occupied by such building may be counted for purposes of determining compliance with minimum parking requirements for non-residential uses established on such parcels. All parking requirements for retail uses in the Four Corners shall be 4 spaces per 1,000 square feet of building space. Commercial uses fronting on East Washington or lying within 105 feet of the nearest right of way of East Washington Street shall not be required to provide off-street parking facilities should their total square footage be less than 10,000 square feet. Dwelling units established as a permitted use on the second, third or fourth floor of a building as authorized by paragraph 1(a) of this plan shall be provided with dedicated on-site parking spaces in sufficient number to comply with the requirements of the Zoning Code. All other uses shall comply with the parking requirements imposed by the Zoning Code.
9. ACCOMMODATION OF BICYCLES. Bicycle racks capable of accommodating two bicycles for each 300 lineal feet of building frontage shall be provided, located and properly maintained in convenient proximity to all commercial facilities. Owners and occupants of individual commercial facilities having less than 300 lineal feet of building frontage may work cooperatively with other similarly situated owners and occupants to provide the required density of bicycle racks. In lieu of this standard, owners and occupants may provide bicycle racks in accordance with standards established by the U.S. Green Building Councils Leadership in Energy and Environmental Design (“LEED”) Program.
8 10. ACCOMMODATION OF ELECTRIC VEHICLES. The placement of charging stations for electrically powered vehicles shall be considered.
11. ENERGY EFFICIENCY AND ENVIRONMENTAL DESIGN ENCOURAGED. Efforts and projects that further the goals of energy efficiency and environmental design are encouraged. Reasonable modifications, adjustments or waivers of the standards set forth in this Plan and in the Zoning Code shall be considered if necessary to meet standards established by the LEED Program or the Energy Star Program.
12. BUILDING FACADES. Facades of all buildings in the district are encouraged to use high-quality materials when rehabilitation occurs. These materials include stone, masonry and glazing. Metal façade materials are highly discouraged.
13. SIGNAGE.
a. No flashing, animated, or glaring signs will be permitted with exceptions to be approved by City on a case-by-case basis. Identification signs will be placed on the face of the building or ground-mounted. Sign copy on the building shall be permitted on both front and rear elevations.
b. Except as otherwise approved by the Design Review Committee, building-mounted signs shall not project above the roof line of the building. Only open-lettering and/or a single logo will be permitted at a size that is appropriate to the scale of the building; however, each letter will not exceed a maximum height of three (3) feet. “Open-lettering” refers to individual letters that are mounted to the building, and NOT lettering that is mounted to any type of back panel, strip, bars or other elements that connect the letters together. Letters shall be manufactured as one of the following:
(1) Opaque, solid metal with metallic and/or painted finishes.
(2) Translucent faces to be captured within metal sides that encase internal lighting mechanisms; the shape or configuration of the light sources shall NOT be discernible through the translucent face; faces shall be captured in continuous (minimal) extrusions without exposed fasteners; metal sides shall have a metallic or painted finish.
(3) Glass tube neon signs.
c. Building-mounted signs shall be mounted directly onto a building surface or may be “peg-mounted” to project a consistent distance away from the face of a building. If internally illuminated and peg- mounted, all wiring is to be extended from the interior of the building. No raceways are permitted - they are to run straight from the rear of each sign component into the face of the building, without bends or curves. Wiring
9 shall NOT extend between sign components (letters and/or logos).
d. Blade signage is allowed as a secondary signage opportunity for storefronts. The blade sign shall be attached to the storefront construction and shall not attach to the base building construction. Blade signs shall be proprietary in design and construction. Flat panels with painted or vinyl graphics are not allowed. Decorative elements such as iron brackets or three-dimensional panels are encouraged to be used. All blade signs shall have clearance of no less than 8’-0” above the finished exterior concrete walkway and not greater than six (6) square feet in area. Blade signs shall either be self- illuminating or shall employ surface-mounted bracket lighting.
e. Signage that is not permitted are those which are not professional in appearance; signs made from die-cut vinyl, gold or silver leaf and paint; formed plastic or injection molded plastic signs; tag lines; cloth, paper, cardboard and similar stickers/decals around or on surfaces of the storefront without prior written approval of City.
f. Multi-tenant signage will be permitted in design review committee approved locations when businesses are located within the same general block or area. These signs shall not be larger than 150 square feet in size and only promote those businesses within that area as determined by the City. The signs may also be backlit or digital but cannot flash or be distracting to the driving public.
14. LOCATION OF UTILITIES. The goal of the Four Corners Overlay District is to maintain consistency in the design and aesthetics of the Four Corners Overlay District. To maintain the design and desired aesthetics, all utilities shall be located underground in the rights-of-way in a manner that will not conflict with other services.
Any utility accessories, including but not limited to any antenna, pole or box, that are required to be above ground shall comply with the Four Corners Overlay District’s design standards and shall be approved by the Design Review Committee. Design shall include, but not be limited to the blending of such accessory into the surrounding environment through the use of camouflaging architectural treatment that complies with the existing design plan. Poles necessary to be above ground shall be consistent with the design and location of light poles as described below in paragraph 13 and shall be presented to the Design Review Committee for approval. Should any accessory be placed on a current pole, the accessory shall blend in color and style with said pole. The Design Review Committee shall have the discretion to implement stealthing technology to maintain the design, theme and desired aesthetics of the Four Corners Overlay District.
Should the Design Review Committee determine the proposed location of a utility accessory is objectionable based on the goals of the Four Corners Overlay District, the Design Review Committee shall propose an alternative site for such accessory.
10 Appeal of the Design Review Committee’s decisions shall be made to the Zoning Board of Appeals pursuant to the City Code.
15. DESIGN AND LOCATION OF LIGHT POLES. Above ground light poles shall be consistent with and conform to the Sternberg, double light fixture model, a copy of the model is on file with the City’s Department of Planning and Community Development or a functionable equivalent as approved by the Design Review Committee. Spacing of light poles shall be approved by the Design Review Committee.
11 ATTACHMENT 1
LEGAL DESCRIPTION OF FOUR CORNERS OVERLAY DISTRICT
A part of the East Half of Section 32 and the West Half of Section 33 in Fondulac Township situated in Tazewell County, Illinois, more particularly described as follows:
Commencing at the intersection of the southwesterly boundary of Farm Creek and the southeasterly boundary of the right of way of the TP&W Railroad and the point of beginning of the tract to be described; thence generally in a southwesterly direction along the southeasterly boundary of the right of way of the TP&W Railroad to its intersection with the northerly right of way line of Illinois Routes 8, 29 and 116; thence generally in an easterly direction to the most westerly corner of Lot 3 in Pfeifer’s 2nd Addition; thence in a southeasterly direction along the southwesterly line of said Lot 3 in Pfeifer’s 2nd Addition to the most southerly corner of said Lot 3 in Pfeifer’s 2nd Addition; thence in a northeasterly direction along the southeasterly boundaries of Lots 1, 2 and 3 in said Pfeifer’s 2nd Addition to the most easterly corner of Lot 1 in said Pfeifer’s 2nd Addition located on the southeasterly right of way line of Johnson Avenue; thence generally in a southeasterly direction along the southwesterly right of way line of Johnson Avenue to its intersection with the extended southeasterly right of way line of Almiron Street; thence in a northeasterly direction along the southeasterly right of way line of Almiron Street to its intersection with the southwesterly right of way line of Everett Street; thence generally in a southeasterly and easterly direction along the southwesterly and southerly right of way line of Everett Street to its intersection with the westerly right of way line of Cole Street; thence continuing generally in an easterly direction along the extended southerly right of way line of Everett Street to its intersection with the westerly boundary of Cole Creek; thence generally in a northerly direction along the westerly boundary line of Cole Creek to its intersection with the southwesterly boundary of Farm Creek; thence generally in a northwesterly direction along the southwesterly boundary of Farm Creek to the point of beginning of the tract being described.
12 ATTACHMENT 2 - STREETSCAPE PLAN FOR FOUR CORNERS OVERLAY DISTRICT
13
ORDINANCE NO. 4344
AN ORDINANCE AMENDING TITLE 5, CHAPTER 4, SECTION 9 OF THE EAST PEORIA CITY CODE PERTAINING TO THE USE AND PLACEMENT OF STORAGE UNITS AND DUMPSTERS
WHEREAS, the City of East Peoria has proposed amendments to certain regulations found at Title 5, Chapter 4, Section 9 of the East Peoria City Code which proposed amendments are hereinafter set forth; and
WHEREAS, after hearing pursuant to duly published notice, the East Peoria Zoning Board of Appeals has recommended approval of the proposed amendments; and
WHEREAS, the City Council finds that adoption of the proposed amendments in the form hereinafter set forth would serve the best interests of the City of East Peoria and its citizens;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. Title 5, Chapter 2, Section 3 of the East Peoria City Code pertaining to definitions applicable to the East Peoria Zoning Code is hereby amended by the addition thereto of the following definitions to be inserted at the alphabetically appropriate location:
Bulk disposal unit means a roll off dumpster, dump trailer or any other device designed or used for the collection and disposal of bulk waste. Bulk waste includes, without limitation, construction and demolition waste, tires, wheels, appliances, furniture and tree stumps and branches and other similar waste materials.
Portable storage unit means a wheelless container designed and manufactured to be utilized for the temporary storage and/or transportation of personal property often in conjunction with the moving of household goods to another location or the repair of a damaged structure.
Section 2. Title 5, Chapter 4, Section 9 of the East Peoria City Code pertaining to storage units and containers is hereby amended to read as follows (additions are indicated by underline; deletions by strikeout):
5-4-9. Storage units and bulk disposal units.
(a) Except as otherwise provided in this Code, no person shall cause or permit a semi-trailer, railway car, other vehicle, shipping container, portable storage unit, or other similar unit not specifically designed and initially manufactured to be used for prolonged storage, to be employed or used in any zoning use district in the City to store or warehouse any materials for a period greater than seven (7) consecutive days.
(b) Except as otherwise provided in this Code, no person shall cause or permit the placement of any bulk disposal unit for a period of time longer than necessary to fill the unit or complete the project or work related to the placement of the unit; provided, however, that no bulk disposal unit(s) may remain on any parcel for more than 30 total days in any period of 365 consecutive days, with an option for another 30 days if requested in advance of the expiration of the initial time period.
(c) Portable storage units may be placed on a parcel within the R-1, R-2 and R-3 use districts for the temporary storage of personal property and household goods for the purpose of moving such property or goods to another location or for the purpose of accommodating construction or repair of a structure located on the parcel. Portable storage units may be located on a parcel within an R-1, R-2 or R-3 use district only for such period of time reasonably necessary to accommodate an authorized purpose for such placement, but in no event for a period greater than 30 total days in any period of 365 consecutive days, with an option for another 30 days if requested in advance of the expiration of the initial time period. Portable storage units placed on a parcel located within an R-1, R- 2 or R-3 use district must at all times be located on a paved or gravel driveway or parking area in a manner which does not interfere with the passage of pedestrians or the movement of vehicles. Portable storage units shall not be located within public right of way and shall not intrude upon or block any street or public sidewalk.
(d) The 30-day permit for both bulk disposal units and portable storage units shall be $25. The renewal of such permit for an additional 30 days shall also be $25.
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.
2 PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF ______, 2018.
APPROVED:
______Mayor ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
3
ORDINANCE NO. 4387
AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 2 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF ALLOWING WINERIES AS A SPECIAL USE IN THE C, CONSERVATION AND RESIDENTIAL ESTATE DISTRICT
WHEREAS, the City of East Peoria has proposed an amendment to certain zoning regulations found at Title 5, Chapter 8, Section 2 of the East Peoria City Code which proposed amendments are hereinafter set forth; and
WHEREAS, after hearing pursuant to duly published notice, the East Peoria Zoning Board of Appeals has recommended approval of the proposed amendments; and
WHEREAS, the City Council finds that adoption of the proposed amendment would serve the best interests of the City of East Peoria and its citizens;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. Title 5, Chapter 2, Section 3 of the East Peoria City Code pertaining to definitions applicable within the East Peoria Zoning Code is hereby amended by the addition thereto of the following definition which shall be inserted at the alphabetically appropriate location:
Winery means a facility used for the cultivation of grapes or other fruit for the purpose of making wine, the making and bottling of wine and the sale of wine in either wholesale or retail quantities. Wineries may also operate commercial facilities used for the purpose of banquets, wedding receptions, anniversary parties, birthday parties, or other events or gatherings.
Section 2. Title 5, Chapter 8, Section 2(b) of the East Peoria City Code pertaining to special uses in the C, Conservation and Residential Estate District is hereby amended to read as follows (additions are indicated by underline; deletions by strikeout):
(b) Special uses:
(1) Public elementary and high schools, and parochial and private schools having curriculums similar to those in public schools.
(2) Churches and temples, but only when located upon a zoning lot containing three (3) or more acres and upon a major or heavily travelled street.
(3) Private or public country clubs and golf courses, but not courses lighted for night play or driving ranges.
(4) Horticultural activities such as farming, truck gardens, and nurseries, where the sale of agricultural or agriculturally related products is conducted on the premises.
(5) Cemeteries.
(6) Colleges and universities.
(7) Planned developments as defined in section 5-2-3 of this Title.
(8) Outdoor dish antennas which do not meet the conditions set forth in section 5-8-2(A), subsection 4, of this chapter.
(9) The storage of equipment or tools of trade belonging solely to the occupant of the property and used by the occupant in his business or profession. Any such special use permit which is granted pursuant to this section shall be subject to a requirement that any such equipment or tools of trade must at all times be stored completely within the interior of an accessory building. Under no circumstances shall any such special use permit authorize the operation of a business, trade or occupation from the subject premises unless such business or profession qualifies as a home occupation under the provisions of this Title.
(10) Group homes in which more than seven unrelated persons reside.
(11) Group homes that are located within three hundred fifty (350) feet of any existing community residence as measured from lot line to lot line.
(12) Group homes for which the State of Illinois does not require a license or certification.
(13) Halfway houses.
(14) Emergency shelters.
(15) Hospices.
(16) Towers complying with the provisions of Title 4.
(17) Certain construction activities within a Steep Slope Zone in accordance with the provisions of Chapter 17 of this title.
(18) The siting and construction of a Small Wind Energy Conversion System which complies with the Wind Energy Code.
(19) Accessory buildings exceeding or inconsistent with one or more of the limitations imposed by sections 5-6-1, 5-6-3, 5-6-4 and 5-6-5(f) of this title.
(20) The keeping of certain livestock subject to the following limitations:
a. The zoning lot upon which livestock is kept shall have an area of not less than six (6) acres.
b. No livestock other than horses and alpacas may be kept under authority of this subsection.
c. The density of livestock kept under authority of this subsection shall not exceed one animal for every one and one-half acres of the zoning lot upon which livestock is kept.
d. All livestock shall be contained by escape resistant enclosures.
e. No enclosure containing livestock and no structure housing livestock shall be located within one hundred feet (100’) of any residence located on any adjacent lot.
f. All livestock and all enclosures or structures used to contain or house livestock shall be maintained in a clean and sanitary condition.
g. Manure shall not be allowed to accumulate on the zoning lot containing livestock. Manure generated by such livestock shall be disposed of in a lawful manner.
h. Odors generated by livestock shall not disturb occupants of adjoining lots.
(21) Equine Subdivisions as defined and limited at Section 5-2-3 of this Title and approved as a planned development pursuant to Chapter 12 of this Title.
(22) Principal or accessory buildings with exterior finishes inconsistent with the limitations imposed by Section 5-4-10(b)(6) of this Title.
(23) The siting and construction of Solar Energy Systems which under the Solar Energy Code require a special use under the provisions of Title 4, Chapter 19.
(24) Wineries subject to the following limitations:
a. A zoning lot upon which a winery is located shall have an area of not less than fifteen (15) acres.
b. Any commercial buildings utilized in conjunction with the winery shall be located not less than two hundred (200) feet from the lot lines of adjacent parcels.
c. Wineries shall include on-site cultivation of not less than five (5) acres of grapes or other fruit along with the actual production of wine on the site from grapes or other fruit produced on the site.
d. Retail sales of wine by the bottle shall not occur before 8:00 a.m. or after 7:00 p.m. on any day.
e. Banquets, wedding receptions, anniversary parties, birthday parties or other events or gatherings shall not be conducted before 12:00 noon or after the official time of sunset.
f. Amplified music shall be limited to the interior of totally enclosed permanent structures and shall not under any circumstance unreasonably disturb the owners of adjoining property.
g. Lighting on the facility shall be designed in such a manner as to focus on the facility and avoid unreasonable disturbance of the owners of adjoining property.
Section 3. Title 5, Chapter 9, Section 4(a) of the East Peoria City Code pertaining to permitted uses within the B-3, Business Service District is hereby amended to read as follows (additions are indicated by underline; deletions by strikeout):
(a) Permitted uses:
(1) Recreational:
Bowling alley;
Roller or ice skating rink;
Club, lodge or fraternal organization meeting hall and recreational facility;
Golf driving range;
Miniature golf course.
(2) Automotive:
Automobile supply and accessory store, with no repair service;
Automobile, truck or trailer rental establishment;
Tire recapping and repairing;
Automobile washing;
Motorcycle, mini-bike sales.
(3) Service:
Auction house;
Bus station;
Service, cleaning or repair shop for personal, household or garden equipment;
Carpenter, electrical, plumbing, heating and ventilating shop;
Furniture upholstering shop;
Publishing, engraving or printing shop;
Animal hospital, veterinary clinic (without outdoor kennels);
Blueprinting establishment;
Greenhouse, landscaping or garden center;
Pet grooming establishment;
Laundry or dry cleaning plant;
Funeral parlor;
Hotel or motel;
Drive-in food establishment servicing patrons by a walk-up window or drive-up window;
Building material and supplies (completely within closed building);
Hospital.
(4) Light industrial:
Assembly of pre-fabricated items within a completely enclosed building;
Wholesale establishment or warehouse within a completely enclosed building.
(5) Miscellaneous:
Accessory building necessary for the business for which it serves;
Any use allowed as a permitted use in B-2;
Health and fitness center;
Used furniture shop.
(6) Emergency shelters located at least six hundred sixty (660) feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;
(7) Halfway houses located at least six hundred sixty (660) feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;
(8) Hospices located at least six hundred sixty (660) feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line.
(9) Wineries provided that the zoning lot upon which a winery will be located is not contiguous to any parcel zoned or primarily used for residential purposes.
Section 4. Title 5, Chapter 9, Section 4(b) pertaining to special uses allowed in the B-3, Business Service District is hereby amended to read as follows (additions are indicated by underline; deletions by strikeout):
(b) Special uses. The following uses may be allowed by special use permit in accordance with section 5-11-10 of this Title.
(1) Recreational:
a. Drive-in theaters;
b. Outdoor roller or ice skating rink;
c. Go-cart or dune buggy or similar racing track.
(2) Automotive:
a. Gasoline filling station;
b. Auto body repair and painting;
c. Auto, truck or motorcycle mechanical repair;
d. New or used car sales and service.
e. Truck stop but only under the following conditions:
(i) Truck stops shall be located within 1,000 feet of an interchange with an interstate highway or immediately adjacent to any federal or state highway; and
(ii) No truck stop shall be located within 1,000 feet of any property zoned for residential purposes by the East Peoria Zoning Code or the Tazewell County Zoning Code;
(3) Miscellaneous:
a. Outdoor storage lot;
b. Outdoor sales lot where the majority of the items sold or displayed are outside;
c. Building and miscellaneous material establishment not entirely contained within a completely enclosed building;
d. Mobile home or recreational vehicle sales or storage lot;
e. Parking lots;
f. Public utility;
g. Planned unit development in accordance with chapter 12 of this Title;
h. On-premises freestanding signs which are at least forty nine (49) feet but do not exceed eighty five (85) feet in height, but only under the following conditions:
(i) Except for the height, the signs otherwise comply with the provisions of section 4-7-6 of this Code; and
(ii) The signs are located on property that is within five hundred (500) feet of an interstate highway interchange, or between the edge of the Illinois River and a Federal highway right of way; and
(iii) A height in excess of forty nine (49) feet is reasonably necessary to provide visibility to travelers on Interstate 74.
i. Off-premises signs as defined in Title 4, chapter 7.
j. Towers complying with the provisions of Title 4.
k. Residential facilities having more than 25 dwelling units. l. Kiosks either staffed or automated, but only under the following conditions:
(i) No kiosk may be placed without a building permit. No building permit may be issued unless the owner first submits plans and specifications for the kiosk containing such details as the director deems necessary to confirm compliance with all applicable codes including, without limitation, parking and landscaping requirements for the zoning lot upon which the kiosk is located. All kiosks must have sufficient parking to accommodate staff and patrons.
(ii) If the owner of the kiosk is not the owner of the property upon which the kiosk will be placed, the owner of the kiosk must have a written contract with the owner of the property on which the kiosk is placed which contract allows placement of the kiosk on the property and establishes the terms and conditions under which the kiosk may remain at the location identified in the contract.
(iii) No outdoor seating shall be located in the vicinity of a kiosk for the purpose of serving customers of the kiosk.
(iv) In the event that an authorized kiosk remains in place only on a seasonal basis, the owner of the kiosk shall each year obtain an electrical permit before reconnecting the electrical service to the kiosk.
(v) The occupants of a staffed kiosk must at all times have the right under authority of a written contract to utilize restroom facilities in a building used for commercial purposes which restroom facilities are installed and maintained in accordance with plumbing regulations found at Title 4, Chapter 5 of the East Peoria City Code.
(vi) Kiosks may be located only on a zoning lot already occupied by a principal building actively used for a purpose allowed in the zoning district in which the principal building is located.
(vii) No kiosks may be located within 10 feet of any property line.
(viii) No separate freestanding sign advertising only the business operating within a kiosk may be placed on the zoning lot occupied by the kiosk.
(ix) Any kiosk which serves food or drink prepared within the kiosk or other items ingested by customers such as ice shall be connected to both the water and wastewater systems of the City. m. Convention and Exposition Center, which shall include the following accessory uses on the grounds of the property if the property taken as a whole exceeds 50 acres: outdoor theater and concerts, amphitheater, outdoor activities, exhibition tents, sales area, and portable toilet facilities for events; and campground for exhibitors (which may include recreational vehicle hookups, campfires, tents and portable toilet facilities). In conjunction with events the following shall be permitted:
(i) Temporary overflow parking shall be permitted
on grassy areas provided that the areas contain sufficient grass to promote dust and erosion control and crushed rock pathways to guide traffic to overflow parking shall be permitted.
(ii) Campfires shall be permitted in conjunction with camping and select events but only in accordance with International Fire Code rules and regulations or such other fire code as adopted by the City from time to time and safety measures that may be directed by the City Fire Chief.
(iii) Camping by attendees who are not exhibitors shall not be permitted unless a special permit is issued by the City for a specific event pursuant to such regulations and conditions as the City may adopt. n. Craft Distilleries. o. Electric Fences constructed in accordance with Title 4, Chapter 18 of the East Peoria City Code. p. Any use allowed as a special use in a B-2 zoning district. q. Medical cannabis dispensing organization but only under the following conditions:
(i) No such dispensing organization shall be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, public park, public library, residential substance abuse treatment facility, or place of worship.
(ii) No dispensing organization shall be located in a house, apartment, condominium or physician’s office.
(iii) No person shall reside in or permit any person to reside in a dispensing organization.
(iv) No person under the age of 18 shall be allowed to enter a dispensing organization unless accompanied by a parent or guardian.
(v) Drive through services shall be prohibited.
(vi) Outdoor seating areas shall be prohibited.
(vii) Consumption of medical cannabis on the premises, including the parking area shall be prohibited.
(viii) Hours of operation shall be not earlier than 8:00 a.m. and not later than 7:00 p.m.
(ix) Any such dispensing organization shall be operated in compliance with applicable federal, state and local laws and regulations.
(4) Elimination of restrictions on expansion, enlargement or reconstruction of legal nonconforming uses as defined in chapter 5 of this Title.
(5) Emergency shelters located within six hundred sixty (660) feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;
(6) Halfway houses located within six hundred sixty (660) feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;
(7) Hospices located within six hundred sixty (660) feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line.
(8) Wineries on zoning lots which are contiguous to any parcel zoned or primarily used for residential purposes.
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. 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. 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 ______, 2018.
APPROVED:
______Mayor
ATTEST:
______City Clerk
EXAMINED AND APPROVED:
______Corporation Counsel
12
Department of Tourism and Special Events
TO: The Honorable Mayor and City Council
THRU: Jeffery Eder, City Administrator
FROM: Doug McCarty, Director of Tourism and Special Events
DATE: May 29, 2018
SUBJECT: 4th of July Fireworks
DISCUSSION: City of East Peoria is an annual sponsor of the UnityPoint Health Red, White and Boom 4th of July event. The City’s payment to Alpha Media for this event is $12,000.
RECOMMENDATION: Approve
RESOLUTION NO. 1819-021
East Peoria, Illinois ______, 2018
RESOLUTION BY COMMISSIONER ______
WHEREAS, the UnityPoint Health Red White and Boom July 4th event (the “event”) is the largest fireworks celebration in Illinois; and
WHEREAS, the event brings in thousands of individuals to the East Peoria Riverfront; and
WHEREAS, hotels, restaurants, retail shops and others in East Peoria will benefit from visitors coming to their business during the event;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City of East Peoria approves a contribution of $12,000 for the UnityPoint Health Red White and Boom in 2018.
APPROVED:
______Mayor ATTEST:
______City Clerk MARKETING INVOICE Invoice No.: EPIL-2018-A
Alpha Media LLC Invoice Date: 5/30/2018
331 Fulton Street Phone: 309-637-3700 [email protected] Date Due: 7/31/2018 Suite 1200 Peoria, IL 61602 Fax: 309-673-9562 www.alphapeoria.com
Bill To: Doug McCarty Phone: Invoice For:
Address: City of East Peoria Fax: Red White and Boom
1 Eastside Drive Email: [email protected]
East Peoria, IL 61611 Contact: Doug McCarty
INVOICE DATE DESCRIPTION TYPE EVENT DATE QUANTITY TOTAL
5/30/2018 Red White and Boom Municipal 7/4/2018 1 $12,000.00
Invoice Subtotal $12,000.00
Make all checks payable to Alpha Media LLC Deposit Amount $0.00
Total due by end of execution month. Total $12,000.00 MEMORANDUM
TO: Mayor David Mingus and Members of the City Council
THRU: Jeffery A. Eder
FROM: Jeffery M. Becker
SUBJECT: Resolution Regarding Actuarial Services for City’s Police and Firefighter Pension Funds
DISCUSSION: The City has contracted with Gabriel, Roeder, Smith & Company (GRS) for several years to provide actuarial services for the City’s Police and Firefighter Pension Funds. The City is obligated to obtain annual valuations of the funding in these Pension Funds. GRS was selected as the actuary by the Department of Insurance and will no longer be serving the City. The City sent out an RFP to (3) qualified bidders requesting bids for a 3-year contract with an option to renew for an additional 2-years. We recommend engaging The Nyhart Company to perform actuarial services for the City’s Police & Firefighters’ Pension Funds. Additional details on their actuarial process are included in the attached materials.
BID SUMMARY: Year 1 Year 2 Year 3 Year 4 Year 5 Foster & Foster 12,400 12,772 13,156 13,551 13,957 Lauterbach & Amen, LLP 9,500 9,700 9,900 10,100 10,300 The Nyhart Company 8,000 8,000 8,300 8,600 8,900
RECOMMENDATION: Approval of the Resolution.
RESOLUTION NO. 1819-020
East Peoria, Illinois ______, 2018
RESOLUTION BY COMMISSIONER
RESOLUTION TO APPROVE CONTRACT FOR ACTUARIAL SERVICES FOR POLICE AND FIRE PENSION FUNDS
WHEREAS, the City maintains both the Police Pension Fund and the Firefighters Pension Fund (the “Pension Funds”) for the benefit of the City’s police officers and firefighters; and
WHEREAS, the City is obligated to provide annual valuations of the funding in the Pension Funds as part of the City’s obligation to provide an annual audit of the City’s financial matters and to properly and adequately maintain the Pension Funds; and
WHEREAS, due to the unavailability of the City’s previous service provider for the actuarial services for the City’s Pension Funds, the City issued an RFP to three qualified actuarial firms for these actuarial services for the City’s Pension Funds for the next three years with an option for two additional years, and received proposals from all three firms; and
WHEREAS, The Nyhart Group has provided the best and lowest quote to provide these actuarial services for the Pension Funds for the next three years with the option to extend the contract for two additional years at a total cost not to exceed $8,000 for year 1, $8,000 for year 2, and $8,300 for year 3 under the contract attached hereto as Exhibit A (the “Contract”), with the option to extend the Contract for Year 4 at a cost of $8,600 and for Year 5 at a cost of $8,900; and
WHEREAS, The Nyhart Group has assisted the City with actuarial services for the City’s Health Plan and other retiree benefits for the past several years, providing dependable and professional services to the City; and
WHEREAS, the City hereby finds that The Nyhart Group is a responsible and qualified firm for providing these professional actuarial services for the City’s Pension Funds, and that it is in the best interests of the City to enter into a three-year Contract with an option to renew for two additional years with The Nyhart Group for these services;
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 three-year Contract with The Nyhart Group, with an option to renew for two additional years, for actuarial services for the City’s Pension Funds is hereby approved.
Section 3. The Mayor or his designee is hereby authorized and directed to execute the three-year Contract with The Nyhart Group, with an option to renew for two additional years, for actuarial services for the City’s Pension Funds in accordance with the Contract (attached hereto as Exhibit A) at a total cost not to exceed $8,000 for year 1, $8,000 for year 2, and $8,300 for year 3, under such terms and conditions as the Mayor in his discretion deems appropriate; provided that the City shall have no obligation under the terms of such contract until a fully-executed original has been provided to both the City and The Nyhart Group.
APPROVED:
______Mayor
ATTEST:
______City Clerk
2 EXHIBIT A
Contract with The Nyhart Group for Actuarial Services for the Police & Firefighters Pension Funds
3
May, 2018
Original
Proposal to Provide Professional Actuarial Services
City of East Peoria Police & Firefighters’ Pension Funds
CONTACT ADDRESS PHONE
Mike Zurek Nyhart General (317) 845-3500 FCA, EA, MAAA 707 Lake Cook Road Toll-Free (800) 428-7106 (847) 400-9601 Suite 250 [email protected] Deerfield, IL 60015 Fax (317) 845-3654
Table of Contents
Cover Letter ______1 Our Understanding ______3
Statement of Project Understanding – Pension Actuarial Work ______3 Firm Background ______5
Strengths ______5
Keeping Clients Informed ______6
Other Services Available ______7 Professional Staff ______8
Professional Organizations ______8
Training ______9
Mike Zurek, Relationship Manager / Consulting Actuary ______10
Nick Meggos, Consulting Actuary / Peer ______11 Assumptions Most Used ______12 References ______14
Illinois Municipal Police and Firefighter Pension Clients ______14 Sample Contract ______15 Cost Proposal ______16 Proposed Schedule of Implementation ______17
Our Approach to… ______17
the Client Relationship ______17
the Transition of Services to Nyhart ______17
Sample Pension Transition Timeline ______18 Appendix ______19
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Cover Letter
Mr. Jeffery M. Becker Director of Finance / Treasurer City of East Peoria
Dear Mr. Becker:
Thank you for considering our proposal for actuarial services for the City of East Peoria Police & Firefighters’ Pension Funds. We feel that Nyhart is distinctively qualified to serve the Fund in that we have supplied the same services to other pension funds across the country including several police and fire plans in Illinois. We, therefore, thoroughly understand the services requested in the RFP.
The following is an introduction to The Nyhart Company:
Our corporate name is The Howard E. Nyhart Company, Incorporated. Howard E. Nyhart founded our company as a family-owned business in 1943. We continued as such until 1979 when an ESOP purchased the company and we became a 100% employee-owned company.
Nyhart consists of nine offices and 145 employees across the United States. Our headquarters is located in Indianapolis, Indiana.
Headquarters: 8415 Allison Pointe Boulevard, Suite 300 317-845-3500 / 800-428-7106 Indianapolis, IN 46250 317-845-3650 FAX
www.nyhart.com
The serving offices will be our Chicago Office and our St. Louis Office.
Mike Zurek, FCA, EA, MAAA Nick Meggos, FCA, EA 707 Lake Cook Road, Suite 250 101 W. Vandalia Street, Suite 240 Deerfield, IL 60015 Edwardsville, IL 62025 [email protected] [email protected] 847-400-9602 / 800-428-7106 618-307-9090 / 800-428-7106 317-845-3654 FAX 317-845-3654 FAX
Our other offices are located in: Atlanta, Chicago, Denver, Houston, Kansas City, New York, and San Diego.
The Relationship Manager for the City will be Mike Zurek, Consulting Actuary and Principal
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We feel there are positive advantages for the City in having Nyhart perform the requested services.
Experienced Team: We have selected two credentialed and highly experienced actuaries to serve as your team. Mike Zurek and Nick Meggos will work together for City of East Peoria’s pension fund. Mike and Nick over 40 years of combined experience and are two of Nyhart’s fourteen principals. They will commit to performing the required work within the time period requested and provide valuable insight for the management of your plans. Both Mike and Nick are very familiar with Illinois Police and Fire Plans.
Communication: We know financial equations and charts can be rather daunting; that is why we put forth the extra effort to summarize information in a way that is easier for our clients to follow. Our communication approach is not just to give the necessary information but also to educate our clients as we explain actuarial issues. This communication approach (and the associated tools) allows our clients to make effective decisions regarding their pension plans. We consistently hear feedback from our clients that our communication style is a key reason they love to work with us.
Customer Service: Most actuaries can get the numbers right; however, where many fail is in customer service. At Nyhart, we believe customer service has to be our number one priority.
The extra effort we put into customer service shows up in a number of places – returning phone calls the same day, responding to questions without “turning on the clock”, and always thinking of ways to improve the process and deliverables – are just a few. Our goal is to be treated as an extension of your staff and as a trusted partner. We will, therefore, respond in the way that best attains those goals.
Last but not least, we love what we do. This may sound cliché but it’s the truth. We believe this shows through in our high-quality services and client relationships. We would truly appreciate the opportunity to become your trusted business partner. If you have any questions regarding our response, please do not hesitate to contact Mike or Nick at 800-428-7106, or email them at [email protected] or [email protected].
Sincerely,
Nyhart
Thomas L. Totten, FSA, Ph.D. Chief Executive Officer
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Our Understanding
Statement of Project Understanding — Pension Actuarial Work
We understand the services being requested and perform these same services to over 200 pension plan clients daily.
The purpose of an actuarial valuation is 1) to determine the amount of actuarially determined contributions (i.e., an amount that, if contributed consistently and combined with investment earnings, would be sufficient to pay promised benefits in full over the long-term) and 2) to measure the plan’s funding progress. Key items to consider in reviewing the valuation report include:
Actuarially Determined Contribution. The actuarially determined contribution represents the amount needed to fund benefits over time. If the contributions are not fully paid, interest accrues on the unpaid portion at the plan’s expected long-term rate of return. Persistent underfunding will ultimately jeopardize the plan’s sustainability.
Liabilities, Assets, and Funded Ratio. The actuarial accrued liability (AAL) represents the present value of benefits earned, calculated using the plan’s actuarial cost method. The actuarial value of assets (AVA) reflects the financial resources available to liquidate the liability. The unfunded actuarial accrued liability (UAAL) is the difference between the AAL and the AVA. The funded ratio (AVA/AAL) reflects the extent to which accumulated plan assets are sufficient to pay future benefits.
Actuarial Assumptions. Since no one knows what the future will bring, actuarial valuations are based on assumptions. For an actuarial valuation to be reliable, the assumptions used should reflect the best information available, which should be supported by rigorous discussion and analysis. Also, information concerning the demographic characteristics of the covered population needs to be current.
Historical Information. Certain historical information is especially useful to understanding funding:
Multi-year information on the plan’s funding progress that includes the AAL, the AVA, the funded ratio, and the UAAL as a percentage of payroll, consistent with the government’s funding policy; and
Multi-year information on both actuarially determined contributions and actual amounts contributed (by definition, if actuarially determined annual required contributions are paid faithfully each year to the plan, the plan should accumulate sufficient resources, over time to pay benefits, regardless of the actuarial cost method selected).
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Our firm specializes in not only taking care in helping you understand annual results and how things changed from the prior year, but also dynamically looking at future potential results under a variety of economic scenarios. We believe this second step is critical to best managing the plan for future sustainability and successfully delivering benefits.
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Firm Background
Nyhart is an employee benefit consulting, actuarial, and administration firm that started by Howard E. Nyhart as a family-owned business in 1943. In 1979, the employees purchased the company, making Nyhart 100% employee owned, a unique factor that makes the success of our clients personally important to every one of our employee-owners.
We provide actuarial services, consulting and administrative services for defined contribution and defined benefit plans, consulting and administrative services for FSA, HRA, HSA, and COBRA, as well as human resource consulting and compensation studies to more than 1,000 clients in 48 States. Headquartered in Indianapolis, IN, we have 138 employees throughout our nine offices.
Nyhart has 28 credentialed actuaries on staff. We also have eight actuarial analyst / students on staff, all of whom are working towards their credentials.
We have over 135 employees over all pension/retirement and health lines of business.
Nyhart’s organizational structure is that we have nine offices and each office is just one part of our team. As an ESOP company, each employee is an owner of the company and teamwork is very important to our growth.
We are affiliated with Alliance Benefit Group National, a national affiliation of independently-owned retirement plan consulting and administration firms servicing over 18,000 retirement plans and $60 billion of retirement plan assets. Regional firms are licensed as “Affiliates” of ABG National. Affiliates have access to technology, products, special revenue sharing agreements, marketing and communications materials, training, and other services designed to increase product identify and enhance service capability as part of the national network. The ABG National “brand” is well established in the retirement plan industry as a sign of high-quality administration services.
Strengths
Nyhart delivers high-quality consulting and actuarial services at reasonable prices. Our pension consultants pride themselves on helping our clients solve complex problems and manage their plans to avoid surprises. Our consultants have extensive experience helping clients manage large, complex plans; that experience is shared throughout the company and applied to future projects.
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Our communication style is also something that makes Nyhart unique from the competition. Almost any actuary can get the numbers correct, but we put forth the extra effort to summarize those numbers in a way that is easier for our clients to understand. Our communication approach and associated tools allow our clients to make effective decisions regarding their plans. We consistently hear feedback from our clients that our communication style is a key reason they love to work with us.
Finally, Nyhart exhibits strength with our people. In 2009, our Company was selected as a “Company to Watch” by the Indiana Economic Development Corporation. We are also one of a very few firms that has been chosen a “Best Places to Work” company every year since we started in the program in 2009. Both honors are due to our dedicated, high-end staff.
Keeping Clients Informed
Nyhart issues occasional newsletters to our clients to keep them up-to-date on what is happening in the benefits arena. In order to do this, Nyhart uses multiple sources to keep informed of new developments. We use several professional groups such as Conference of Consulting Actuaries, Society of Actuaries, and ASPPA. These organizations provide endless continuing education opportunities for our actuaries. Our credentialed actuaries attend national and state conferences. This ensures we are bringing the latest information to our clients across the nation and specific state requirements or changes as well.
In addition, we use the following resources:
State organizations: For the states that have public pension plan organizations, we participate in annual conferences to learn of State specific ideas, hot topics, etc. that we can share with our clients. Thomson Reuters Checkpoint: It is an extensive research site that has primary source material (including the Internal Revenue Code and rela ted Treasury regulations, ERISA, DOL regulations and pronouncements) as well as editorial material. Wolters Kluwer’s IntelliConnect: It provides online access to the Internal Revenue Code and regulations and a wide variety of Aspen Publishers Answer Books. BenefitsLink: We receive technical updates from the IRS through their Employee Plan News. We participate in the IRS phone forums on technical topics relating to retirement plans.
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Keeping our clients up-to-date, first and foremost, is the responsibility of the lead actuary for each of our clients. We pride ourselves in being proactive and bringing new ideas to our clients. Many actuaries can “crunch the numbers”, but many don’t provide the value needed by clients to avoid surprises with their pension plans. Our lead actuaries are always asking... What else does this client need? If I were in the client’s shoes, what else would I want to know? What are the new ideas the client should hear about? As part of the annual valuation presentation, we will highlight topics such as these for the client’s consideration.
Our newsletters are intended to help the particular entities that would be affected by the subject. They are sent out to all of our clients (those that have requested the service) in order to keep them abreast of any changes coming that may or may not affect them now or in the future. Our newsletters are prepared by our Legal Department that consists of two attorneys and a paralegal.
Other Services Available
As the employee benefit field widened, so did the services offered by Nyhart. We offer services in the following areas:
Pension Actuarial Services Health Care Actuarial Consulting ► Valuations ► GASB 45 Interactive Modeler ► Cost Projections ► Medicare Part D Subsidy Report Online Pension Administration Medicare Part D Creditable Coverage ► ► Software Determination ► Benefit Statements ► Reserving for Self-Insured Plans Defined Contribution Services ► Rate Setting, Design Modeling, & IBNR ► Balance Forward ► ACA Minimum Actuarial Value Determination ► Daily Valuation ► Annuity Purchases and Consulting Flex Administration HR Consulting ► Flexible Spending Accounts / Compensation Studies Dependent Care Accounts ► Health Savings Accounts ► Health Reimbursement Accounts ► COBRA
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Professional Staff
The offices that will serve the Fund will be our Chicago and St. Louis Offices:
Mike Zurek, FCA, EA, MAAA Nick Meggos, FCA, EA 707 Lake Cook Road, Suite 250 101 W. Vandalia Street, Suite 240 Deerfield, IL 60015 Edwardsville, IL 62025 [email protected] [email protected] 847-400-9602 / 800-428-7106 618-307-9090 / 800-428-7106 317-845-3654 FAX 317-845-3654 FAX
Relationship Manager / Consulting Actuary
Mike Zurek, FCA, EA, MAAA
Consulting Actuary / Peer Review
Nick Meggos, FCA, EA
Professional Organizations
The two consulting actuaries on your team belong to several professional organizations
Nick Meggos belongs to the Conference of Consulting Actuaries, Michigan Association of Public Employee Retirement Systems (MAPERS), and the Illinois Public Pension Fund Association (IPPFA). Nick has spoken at several CCA conferences and MAPERS conferences. In 2018, he will be speaking at regional IPPFA regional training sessions as well as at the May Illinois conference in East Peoria.
Mike Zurek belongs to the Conference of Consulting Actuaries and the American Academy of Actuaries, and the Illinois Public Pension Fund Association (IPPFA).
Nyhart participates and speaks at several public plan conferences IPPFA (Illinois), IAFPD (Illinois), MAPERS (Michigan), FPPTA (Florida) and others to share our thought leadership and learn from other professionals how to best serve our public pension plan clients. Additionally, Nyhart has committed involvement with the Conference of Consulting Actuaries. This organization provides significant sessions on a regular basis throughout the year and at their annual conference. Nick Meggos has participated on the annual planning committee that develops the sessions for the annual conference the last three years. Many of these sessions are focused on public pension plan issues and allow our firm to make sure we are bringing the newest and best ideas to our clients.
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Training
First, we ensure our employees have the proper training and education for the services being provided. We also invest heavily in ongoing education for our employees so we are able to bring the latest topics and thinking to our clients.
All of our employees that deal with our clients are required to have a certification. We use ASPPA (American Society of Pension Professionals & Actuaries) to train and keep our employees up-to-date by the continued taking of exams to earn their designations. For our credentialed actuaries, we also provide monthly training sessions provided by the Conference of Consulting Actuaries and the Society of Actuaries and attendance at an annual conference. In addition, we provide internal training sessions to help our new professionals grow in their career that cover detailed actuarial topics to consulting skills.
While we have these internal training opportunities for our employees, we do not typically provide formal training programs for our clients. However, when we meet with clients on an annual basis we make it a point of keeping them up-to-date on current developments that would affect their plans. For instance, as the details regarding GASB 67 and 68 became known, we began educating clients on the impacts of the new standards well before the first required disclosure was produced. Beyond current developments, we take a great deal of care in making sure that our clients have the best information possible to manage their plans. We do not just provide numbers. We strive to make sure our clients understand the numbers we provide and why there are changes from one year to the next such that they not only understand changes that have happened, but also anticipate future potential changes.
As an example, we specifically work diligently to help plans anticipate projected near and long term funding needs to help them best prepare for the future and assure they are making the appropriate progress toward funding the plan. This type of communication happens not only in the meetings we attend, but also throughout the year as we expect and enjoy responding to questions and inquiries as part of our fees.
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Mike Zurek FCA, EA, MAAA
Relationship Manager / Consulting Actuary
Mike works out of our Deerfield Office. He has 31 years of pension experience and works with several different types of plans with varying sizes and structures. Mike will work directly with the City of East Peoria to provide timely and thorough valuation results utilizing his experience and detailed knowledge of your plan.
Clients find Mike’s ability to simply explain complex actuarial topics to be an important element of the actuarial services he provides.
Education B.S. in Actuarial Science, University of Illinois
31 years of pension consulting experience Corporate Role Specializes in plan design and sustainability Principal of the firm
Performs accounting and funding valuations Specialties Performs retirement program design studies Consults on retirement plan sustainability
Some of Mike’s Clients
City of Highland Park – IL City of Oak Forest – IL Illinois Education Association - IL Mt. Carmel Public Utility Co. – IL River Valley Metro Mass Transit System – IL Township of Schaumburg – IL Village of Clarendon Hills – IL Village of Creve Coeur Police – IL Village of Morton – IL Village of Oak Brook - IL Village of Romeoville - IL City of Rockford – IL Village of Libertyville – IL Village of Mount Prospect - IL
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Nick Meggos FCA, EA
Consulting Actuary / Peer Review
Nick has over 18 years of actuarial experience. He also spent five years doing economic research for the Federal Reserve System.
Nick performs accounting and funding valuations and retirement program design studies. He often consults on retirement adequacy and recently developed a web-based tool for a large public university allowing employees to assess retirement readiness across all potential retirement income sources.
Nick currently works with public pension funds in Illinois, Missouri, Indiana, and Michigan ranging in size from $5 million to $500 million
Nick joined Nyhart in 2012 and is one of our fourteen Principals. Nick will work closely with Mike to provide all pension-related services. His background includes:
Education B.S. in Mathematics and Economics – Bradley University
18 years of pension actuarial experience Provides leadership for Defined Benefit Business Development Corporate Role Manages several of our retirement professionals Principal of the Firm
Performs accounting and funding valuations Performs retirement program design studies Specialties Consults on retirement plan sustainability Consults on total retirement (DB and DC) adequacy Development of pension plan administration solutions
Some of Nick’s Clients
High Ridge Fire Protection District - MO Saline Valley Fire Protection District - MO Rock Community Fire Protection District - MO Antonia Fire Protection District - MO St. Clair County – MI Vanderburgh County Sheriff - IN Shelby Township Fire & Police Pension - MI Indiana University - IN City of Highland Park – IL Village of Bethalto – IL Genesee County – MI Antonia Fire Protection District - MO
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Assumptions Most Used
Actuarial valuations are forward-looking estimates, where a plan’s current benefit obligations are tied to the present value of the benefits that are expected to be paid from the plan in the future for current plan members and their beneficiaries. Those expected benefit payments and the present value of the expected benefit payments require the use of actuarial assumptions to estimate, among other things:
The future investment return on the pension fund (time value of money) How long members will live to draw benefits in retirement When members will retire How many members will withdraw, die, or become disabled prior to retirement How salary will change over a member’s career
We consider the selection of actuarial assumptions to be the joint responsibility of the actuary and the plan sponsor. A reliable actuarial valuation is dependent on the best information available and that information will come from various sources. Following are our general thoughts on some of the key assumptions used in the actuarial valuation. As noted above, the final assumptions used will be the joint responsibility of the actuary and the plan sponsor.
Investment Return: The investment return should be based on the expected returns of the individual investments held in the pension trust. We rely on current long-term capital market assumptions as a basis for this analysis. Survey data is used to assess the reasonability of the assumption selected. Our Pension Financial Manager cost modeling tool can quantify the short and long-term impact on costs if the assumed investment return is not met.
Mortality: The Illinois Department of Insurance included a review of mortality experience in their Actuarial Experience Studies published in 2012 and 2017. The 2012 study found that the published RP-2000 mortality table with Blue Collar adjustment provided a close match to actual experience across the State. The 2017 study found that the RP-2014 mortality table with Blue Collar adjustment was the best fit with recent experience. We generally recommend updating to the RP-2014 table, however, the RP-2000 Blue Collar table may still be appropriate if used with a projection scale applied to anticipate mortality improvements since the year 2000, when the RP-2000 Table was constructed.
The RP-2000 Table was the most recent table published until 2014, when the Society of Actuaries released the RP-2014 Table and associated mortality improvement scale MP-2014. The RP-2014 table was based on mortality data specific to private sector pension plans, so we do not believe the RP-2014 Table is necessarily the best assumption to use for public plans. The Society of Actuaries is currently performing a mortality experience study using public sector plan data, with a new mortality table or tables specifically based on the experience of public sector plans expected to be released in 2018 or 2019 as a result of the study. The new tables will be considered when they are published.
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Demographic Assumptions other than Mortality: We generally recommend the use of the demographic assumptions published in the 2017 Illinois Department of Insurance Actuarial Experience Study in our valuations. One of the difficulties of smaller plans is there may not be enough credible past experience to use to predict future experience based on the plan in isolation. If you have experience specific to your plan or reasons why the Department of Insurance assumptions may not be appropriate, that information will be considered when setting assumptions.
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References
Illinois Municipal Police and Firefighter Pension Clients
Client Contact Contact Information Services Provided
City of Highland Park Actuarial – Police & Julie Logan 847-432-0800 1707 St. Johns Avenue Firefighters Finance Director [email protected] Highland Park, IL 60035 Since 2016
City of Highland Kelly Korte (618) 654-9891 Actuarial – Police 1115 Broadway Director of Finance [email protected] Since 2017 Highland, IL 62249-01218
Actuarial – Police & City of Oak Forest (708) 687-4050 Firefighters Since 2016 15440 Central Avenue Colleen Julian [email protected] OPEB Actuarial Oak Forest, IL 60452 Since 2017
City of Rock Island Actuarial - Police & Cynthia L. Parchert (309) 732-2117 1528 Third Avenue Firefighter Finance Director [email protected] Rock Island, IL 61201 Since 2014
City of Rockford Carrie Eklund 779-348-7467 Actuarial - Police & 425 E. State Street Finance Director [email protected] Firefighter Since 2017 Rockford, IL 61104
Village of Betholto Karen Hall (618) 377-9018 Actuarial – Police 213 N. Prairie Street Finance Administrator [email protected] Since 2017 Bethalto, IL 62010
Village of Clarendon Hills (630) 286-5415 Actuarial Police & 1 North Prospect Avenue Maureen Potempa [email protected] Firefighters Since 2016 Clarendon Hills, IL 60514-1292
Village of Creve Coeur 309-699-6714x722 Jackie Lyle, 103 N. Thorncrest Avenue [email protected] Actuarial Police Treasurer Creve Coeur, IL 61610
Village of Libertyville Patrice Sutton 847-918-2102 Actuarial 118 West Cook Avenue Director of Finance [email protected] Police & Fire Since 2017 Libertyville, IL 60048
Village of Morton Actuarial Ms. Julie A. Smick, CPA 309-266-5361 120 N. Main Street Police, Fire Since 2011 Village Administrator [email protected] Morton, IL 61550 OPEB – Since 2009
Village of Mount Prospect Actuarial David O. Erb 847-392-6000 50 South Emerson Street Police & Fire Finance Director [email protected] Mount Prospect, IL 60056 Since 2017
Actuarial Village of Oak Brook Jason Paprocki 630-368-5070 Police, Firefighters & 1200 Oak Brook Road Finance Director [email protected] OPEB Oak Brook, IL 60523 Since 2015
Village of Romeoville Actuarial (815) 886-5250 1050 West Romeo Road Kirk Openchowski Police & Firefighters [email protected] Romeoville, IL 60446 Since 2016
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Sample Contract
Please see the following Professional Service Agreement.
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THE HOWARD E. NYHART COMPANY, INC. (“NYHART”) ADMINISTRATIVE SERVICE AGREEMENT (“AGREEMENT”)
Agreement Between Nyhart and client name:
Plan Sponsor Name: Plan Sponsor Address:
Plan Sponsor Phone: Plan Sponsor Fax: Plan Sponsor Tax ID Number: Plan Sponsor Fiscal Year End: Plan Name: Name of Trustee(s): Will any unrelated entities Yes No participate in the Plan? If Yes, for each entity, provide the name and EIN:
Services to be provided by Nyhart
All services to be provided by Nyhart are subject to your full cooperation and prompt submission of complete and accurate information. Nyhart will rely on any and all information that you provide pursuant to this agreement and on file at our office as to accuracy and completeness. Nyhart will have no responsibility to verify such information and no liability for errors or omissions as a result of relying on such information. Nyhart accepts no liability for any services provided by another entity prior to the date this agreement is effective.
Nyhart is not a law firm or a public accounting firm and does not provide legal or tax advice. Therefore, Nyhart recommends that Plan Sponsor’s legal counsel review any documents it prepares. Further, Plan Sponsor should consult with an attorney experienced in employee benefit plan matters regarding any questions or concerns that Plan Sponsor may have relative to the Plan’s qualification, coverage of employees, and any other issue of a legal nature.
Use if we are doing document work right away for DB Plan Initial Design Redesign and Plan DocumentSAMPLE Services – Defined Benefit Pension Plan Nyhart has gathered employee data and assisted you in redesigning a defined benefit pension plan. You have approved the plan design as best satisfying your retirement goals and objectives. After you sign this agreement and pay any retainer, we will prepare the plan document.
We will provide you with one copy of the plan document and any amendments required to comply with current laws and regulations. After you review the documents, with your attorney if you have an attorney who reviews your retirement documents, sign the documents, and return the copy to us, we will create an electronic copy of the signed documents for your records.
We will also prepare forms to ask the IRS to review the plan document and issue a favorable determination letter. Our additional fee for this filing will be $XXX.
Page 1 of 5 Annual Administration Services
For each plan year beginning ______, Nyhart will provide the following administration services for the Plan, after collecting updated participant census data and asset information:
Edit as needed A comprehensive annual funding report GASB disclosure report Valuation results meeting 5-year cost projection modeling Annual budget estimates - funding and expense Individual participant benefit statements Individual participant estimates and final benefit certification Online participant access for benefit estimates Online participant access for retirement readiness tool
Use if we are providing plan document services Ongoing Plan Document Services
We will provide ongoing plan document services for the Plan, including monitoring legislative and regulatory changes affecting the plan document. These services will include periodic restatements as required by the Internal Revenue Service.
The Internal Revenue Service (“IRS”) requires periodic amendments to all retirement plans. Although there is no set schedule, in the last few years amendments have been required every couple of years. Also, the IRS periodically requires a complete restatement of qualified retirement.
Plan document services include optional amendments that incorporate discretionary changes you decide to make to your plan.
Use if we are NOT providing plan document services Plan Document Services
Nyhart will not provide ongoing plan document services for the Plan. You will provide all plan documents and amendments, including periodic updates to us once they are executed.
Fees for Services Provided by Nyhart
The fee for the services listed above will be $XX,XXX. This fee is subject to annual adjustments.
Delete highlighted wording if we ARESAMPLE doing document work Other non-routine services such as document restatements, plan amendments, determination letter filings plan audits, research, and plan termination services are billed separately as these services are provided. Estimates are provided upon request.
Delete highlighted wording if we are NOT doing document work Annual administration and plan document fees will be billed in monthly increments and each invoice will be due upon receipt and will be due upon receipt. If any invoice remains unpaid for longer than 90 days from the date of the invoice, Nyhart may either suspend the provision of the Services until payment is received, or terminate this Agreement with immediate effect. Failure of Nyhart to exercise any remedy set forth above shall not prevent Nyhart from doing so with respect to any future unpaid invoice or taking any other actions available to Nyhart under law.
Page 2 of 5 Relationship of the Parties
The legal relationship between Plan Sponsor and Nyhart shall be exclusively that of principal and agent. The parties hereto specifically agree and acknowledge that Nyhart shall not:
Have discretionary authority or control over, or hold, any Plan assets; Be responsible for ensuring that the Plan complies with any requirement to which the Plan is subject under the Internal Revenue Code or other applicable law, or be liable to the Plan, Plan Sponsor, or any person if the Plan fails to comply with any such requirement; Have any duty or authority to enforce the payment of any contribution owed under the Plan; Be responsible for the adequacy of the trust established as part of the Plan, or be liable for any benefits owed under the Plan; Exercise discretion as to any Plan function, including the administration of the Plan; or Have any obligation to perform any service not specified in this Agreement or otherwise agreed to in writing by the parties (regardless of whether such service may be considered “customary” services provided by Nyhart).
Plan Sponsor agrees that Nyhart shall use all information and data supplied by or on behalf of the Plan Sponsor without having independently verified the accuracy or completeness of it except to the extent required by generally accepted professional standards and practices. If any documentation or information supplied to Nyhart at any time is incomplete, inaccurate or not up-to-date, or its provision is unreasonably delayed, Nyhart will not be responsible for any delays or liability arising therefrom, and will be entitled to charge the Plan Sponsor in respect of any resulting additional work actually carried out.
The Plan Sponsor further understands that the failure to provide, or cause to provide, complete, accurate, up-to-date, and timely documentation and information to Nyhart, whether intentional or by error, could result in an impairment of Nyhart’s services.
Plan Sponsor Responsibilities and Representations a) Plan Sponsor acknowledges that it is the “Plan Administrator” of the Plan for purposes of the Internal Revenue Code and agrees to undertake the duties of the Plan Administrator and subcontracts Nyhart to perform the ministerial services defined in this Agreement in accordance with Plan Sponsor’s directions or policies established by Plan Sponsor. b) The Plan Sponsor has general responsibilities with respect to the Plan, including
Providing all information required by Nyhart to perform its services under this Agreement on a timely basis; Reviewing the Plan document, plan summary to be provided to participants, if applicable, and other legal documents, with legal counsel if applicable, and providing executed copies to Nyhart on request; Communicating Plan details to employees and answering employee questions; The Plan Administrator is solelySAMPLE responsible for ensuring adequate funding of the Plan; and Authorizing plan disbursements and ensuring accuracy of information provided.
Dispute Resolution
Nyhart and Plan Administrator agree that before commencing any action or proceeding with respect to any dispute between the parties arising out of or relating to this Agreement or the Services they first shall attempt to settle such dispute through consultation and negotiation in good faith and in a spirit of mutual cooperation. Any such dispute will be submitted in writing to a panel of one (1) senior executive of each of Nyhart and Plan Sponsor, who will promptly meet and confer in an effort to resolve such dispute. Each party’s executive will be identified by notice to the other, and may be changed at any time thereafter by notice to the other. Any mutually agreed decisions of the executives will be final and binding on the parties. In the event the executives are unable to resolve any dispute within thirty (30) days after submission to them, either party may then refer such dispute to mediation by a mutually acceptable mediator to be chosen by Nyhart and Plan Administrator within forty-five (45) days after written notice by either party demanding mediation. Neither party may unreasonably withhold consent to the selection of a mediator. All communications and
Page 3 of 5 discussions in furtherance of this paragraph shall be treated as confidential settlement negotiations, which are not subject to discovery. The costs of the mediator shall be shared equally, but each party shall pay its own attorneys’ fees.
Any dispute which cannot be resolved between the parties through negotiation, mediation or other form of alternative dispute resolution within six months of the date of the initial demand for mediation by one of the parties may then be submitted to a court of competent jurisdiction. To facilitate an expeditious and economical judicial resolution of such dispute, Nyhart and Plan Administrator agree to waive and not to demand a trial by jury, and not to include any employee, officer, director or trustee of either as a party, in any action, proceeding or counterclaim relating to such dispute. Nothing in this section will prevent either party from resorting to judicial proceedings if interim relief from a court is necessary to prevent serious and irreparable injury to that party or to others. Any claim, action or proceeding against Nyhart will be barred unless Plan Administrator initiates the dispute resolution procedures outlined below within one year of first discovering the act, error or omission that is the basis for such claim.
Indemnification and Limitation of Liability
The liability of Nyhart, in tort, contract or otherwise, to Plan Sponsor, a Plan and the officers, directors, trustees, employees or shareholders of any of them, and to any other third party, for all claims arising in connection with or contributed to by this Agreement and the Services (including without limitation multiple claims arising out of or based upon the same act, error or omission, or series of continuous, interrelated or repeated acts, errors or omissions) shall not include loss of profit or incidental, consequential, indirect, punitive or similar damages and shall be further limited to the amount of fees for Services received by Nyhart under this Agreement for the twelve (12) months immediately preceding the act, error or omission upon which such liability is based. Nothing in this paragraph shall apply to any liability which has been finally determined to have arisen from willful misconduct or fraud on the part of Nyhart or which cannot lawfully be limited, modified or excluded.
Plan Administrator shall indemnify Nyhart from and against any and all claim, loss, liability or damage (including attorney’s fees) which Nyhart may incur by reason of its good faith administration of the Plan in its role as a non- fiduciary service provider including, but not limited to, a claim, loss, liability or damage arising by reason of Nyhart’s verification of transactions or refusal to honor any direction received under the Plan, whether said verification, payment or refusal is correct or incorrect, if said verification, payment or refusal is based on Nyhart’s good faith interpretation and administration of the Plan.
Nyhart shall indemnify the Plan and/or Plan Administrator from and against any and all claim, loss, liability or damage (including attorney’s fees) which the Plan and/or Plan Administrator may incur: (i) arising out of any material breach by Nyhart of any of its material obligations, representations or warranties contained in this Agreement; or (ii) arising out of Nyhart’s negligence, gross negligence or willful, fraudulent, or criminal misconduct associated with its performance of services under this Agreement. The parties further recognize that clerical errors and variations may occur. When discovered, they will be corrected or adjusted by Nyhart, in accordance with its normal procedures, to the extent reasonable and possible. SAMPLE
Page 4 of 5 Acceptance
The items and conditions of this Agreement are agreed to and accepted by Plan Sponsor on behalf of the Plan. This Agreement is effective only when signed by all parties.
Plan Sponsor
By:
Printed Name:
Date:
Nyhart
By:
Printed Name:
Date:
SAMPLE
Page 5 of 5
Cost Proposal
Plan 1st Year 2nd Year 3rd Year 4th Year 5th Year
Police Pension Fund 4,000 4,000 4,150 4,300 4,450 Firefighters’ Pension Funds 4,000 4,000 4,150 4,300 4,450
Both Police & Firefighters’ 8,000 8,000 8,300 8,600 8,900
This proposal will be valid for 90 days from the due date.
City of East Peoria Police & Firefighters’ Pension Funds Page | 16
Proposed Schedule of Implementation
Our Approach to…
the Client Relationship
An integral part of being the actuarial consultant to the City of East Peoria Police & Firefighters’ Pension Funds is the delivery of proactive consulting and advisement on all matters that may affect them.
We base our philosophy for providing actuarial consulting services on our desire to be a value-added resource and trusted advisor to our clients. We believe we achieve this by consistently performing requested services at a level that meets or exceeds the client’s expectations, by putting forth the extra effort to ensure the client’s satisfaction, and by maintaining frequent communication with our clients. It is through this kind of relationship that excellent service becomes routine.
the Transition of Services to Nyhart
We have taken over many plan from other actuaries. In fact, we have taken on over 50 new public- sector plans in the past 5 years. We never charge a transition fee for the valuation services. We view that as part of our investment in the client relationship. We will gather all of the data that the prior actuary used to perform their latest valuation and we will work to match their results.
We use the transition process as a time to give the plan sponsor a fresh review of their plan. We examine all of the assumptions and methodologies that the prior actuary has been using. If we find any items that raise concerns to us, we bring those to the attention of the plan sponsor. We target to match the results of the prior actuary within 2%.
Pension actuarial transitions are generally easy and painless for the plan sponsor. The transition process usually takes approximately eight weeks. A typical transition will include the following components:
Planning Meeting / Conference Call: This meeting will be used to provide a brief review of the transition process, identify data needed (recent plan amendments, SPDs, participant identifiers, etc.), develop the upcoming year’s timeline, and identify deliverables.
Data Collection: We will request the participant data and other information needed to match the prior year’s valuation results, which likely come from the information City of East Peoria provided to the Illinois Department of Insurance.
City of East Peoria Police & Firefighters’ Pension Funds Page | 17
Matching Results: We will conduct a thorough and independent review of the participant data and assumption used by the prior actuary to complete an independent valuation.
If there are significant differences in our results compared to the prior actuary for valuation results, we will work directly with them to reconcile the results. This process provides as an independent audit of the actuarial results
Present Findings: We will present our findings of the transition process. This will include a comparison of results between Nyhart and the prior actuary and identify areas that may warrant further review.
Sample Pension Transition Timeline
Timing Task Important Comments
Conference call to This provides us an opportunity to better understand Week 1 kick-off our timing, the City’s specific needs, define deliverables, etc. relationship
Our first step in this relationship is to ensure we fully understand your retirement plans and make sure we can match the prior year results. During this process, we will complete an audit of last year’s valuation. Any Match prior year significant differences will be reconciled with the actuary Weeks 2-3 actuarial results who prepared the report. In addition, we will identify any items that may warrant further review with the City.
We do not charge for these services. This is our investment in the relationship.
We will present the results of our matching of last year’s Week 4 Provide matching results results and identify (if any) areas that may warrant further review.
The only information we would need the city provide is the most recent data they provided the annual statement they provided the Illinois Department of Insurance and the most recent funding and GASB reports.
City of East Peoria Police & Firefighters’ Pension Funds Page | 18
RESOLUTION NO. 1819-025
East Peoria, Illinois , 2018
RESOLUTION BY COMMISSIONER ______
RESOLUTION ACCEPTING LOWEST RESPONSIBLE BIDDER FOR YARD MAINTENANCE CONTRACT
WHEREAS, during the warmer months of the year, the City undertakes the upkeep of delinquent properties in the City, which often consists of mowing of tall grass and weeds, tree and shrub trimming, and removal of debris and general refuse (“yard maintenance”); and
WHEREAS, as a means to more efficiently conduct this yard maintenance work for the delinquent properties in a cost effective manner, the City has sought bids on an annual contract basis for the yard maintenance at the delinquent properties in the City; and
WHEREAS, the City has received bids to conduct this yard maintenance work for these delinquent properties under a two-year contract beginning on July 1, 2018 and expiring on June 30, 2020 with an option for a one-year extension (the “Yard Maintenance Contract”); and
WHEREAS, upon review of the bids, City Officials have determined that the bid received from Jimax Landscaping LLC is the lowest responsible bid; and
WHEREAS, City Officials recommend that the Yard Maintenance Contract for yard maintenance work for the delinquent properties beginning on July 1, 2018 and ending on June 30, 2020 with an option for a one-year extension in the City be awarded to the lowest responsible bidder, being Jimax Landscaping LLC (the “Contractor”), and the City hereby finds that it is in the best interest to award the Yard Maintenance Contract to the Contractor;
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. Jimax Landscaping LLC is awarded the two-year Yard Maintenance Contract with an option for a one-year extension beginning on July 1, 2020.
Section 3. The City Administrator or his designee is hereby authorized and directed to execute the Yard Maintenance Contract with the Contractor on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate; provided, however, that the City shall have no obligation under the contract with the Contractor until such time as an executed original of such documentation has been delivered to the Contractor.
APPROVED:
______Mayor
ATTEST:
______City Clerk
2
EASTp(. kw 0 9 CCity of East Peoria Department of Buildings & Inspections O, Facilities Management Division vow(? 401 W. Washington Street East Peoria, IL 61611
DATE: May 23, 2018
TO: The Honorable Mayor and City Council 06---- THRU: Jeffery Eder, City Administrator --
FROM:FROM: Robert Cole, Director of Buildings & Inspections o&--- DougDoug McCarty, Director of Tourism and Special Events
SUBJECT: Eastside Drive Lighting Upgrade Bid Acceptance and Award
DISCUSSION: The current roadway light fixtures were installed in 2007 through a grant from Illinois Clean Energy Community Foundation and has saved the City thousands of dollars in reduced energy costs in the last past ten years, but lately the fixtures are requiring more cost and labor to maintain.
The City sought bids for the replacement of (21) twenty- one induction light fixtures for Eastside Drive to LED with an energy reduction of 62% and a ROI Rate of Investment) of 3. 4 years. The new fixtures will not require the maintenance the old fixtures do and have a 5yr warranty.
The City received ( 2) two competitive bids and the lowest responsible bid was from Kirby Risk Electric Supply for $10, 650.00 and will be eligible for $4,578. 00 rebate from Ameren through electrical reduction incentive program.
RECOMMENDATION: Accept the lowest responsible bid received from Kirby Risk Electric Supply for $ 10, 650. 00, the remainder of$ 6, 072. 00 will be paid from the Electrical Aggregation Fund. RESOLUTION NO. 1819-018
East Peoria, Illinois , 2018
RESOLUTION BY COMMISSIONER
WHEREAS, the current EastSide Drive roadway light fixtures were installed in 2007 through a grant from Illinois Clean Energy Community Foundation and have saved the City thousands of dollars in reduced energy costs but now require more cost and labor to maintain; and
WHEREAS, new LED light fixtures are needed consisting of replacement of twenty-one (21) light fixtures (the “Lighting Replacement Project”) that are estimated to have a sixty-two (62) percent energy reduction and a return on investment of 3.4 years; and
WHEREAS, the City has obtained bids for the Lighting Replacement Project; and
WHEREAS, the City received the lowest responsible bid from Kirby Risk Corporation dba Kirby Risk Electrical Supply (“Kirby Risk”) for the Lighting Replacement Project in the amount of $10,650.00 with $4,578.00 eligible for rebate from Ameren through the electrical reduction incentive program; and
WHEREAS, the City desires now to accept the lowest responsible bid for the Lighting Replacement Project as specified at “Exhibit A” (the “Low Bid”) attached hereto and incorporated herein by reference;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the Mayor or his designee is hereby authorized and directed to accept the Low Bid together with such modifications 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 Low Bid has been delivered to Kirby Risk.
APPROVED:
Mayor
ATTEST:
______City Clerk o Autobahn Series ATB2 aEEQP
Consis& LED' goals L411111k GreeGreen Globes"Globe cntena Roadway Lighting NIGHTTIME for light pollution reduction Ts,,,- FRIENDLY
PRODUCT OVERVIEW
Features:
w OPTICAL
Same Light Performance is comparable to 250- 400W HPS roadway luminaires.
r , White Light Correlated color temperature- 4000K, 70 CRI minimum, 3000K, M , `" i 70CRI minimum or optional 5000K, 70 CRI minimum. Unique IP66 rated LED light engines provided 0% uplight and restrict backlight to within sidewalk depth, providing optimal application coverage and optimal pole spacing. Available in Type II, III, IV,& V roadway distributions.
ELECTRICAL
Applications: Expected Life: LED light engines are rated> 100,000 hours at 25° C, L70. Electronic driver has an expected life of 100,000 hours at a 25° C ambient. Roadways
Off ramps Lower Energy: Saves an average of 40- 60% over comparable HPS platforms. Residential streets Parking lots Robust Surge Protection: Three different surge protection options provide a minimum of ANSI C136.2 10kV/ 5kA protection. 20kV/ 10kA protection is also available. DIMENSIONS
25. 4 mm( 1") MECHANICAL f 101. 6 mm( 4") 1111 IN.. MIE Easy to Maintain: Includes standard AEL lineman-friendly features such as tool- less entry, 3 station terminal block and quick disconnects. Bubble 38. 1 mm( 1. 5") level located inside the electrical compartment for easy leveling at 355. 6 mm installation. 14") Rugged die- cast aluminum housing is polyester powder- coated for durability and corrosion resistance. Rigorous five- stage pre-treating and painting process yields a finish that achieves a scribe creepage rating of
4 1 7( per ASTM D1654) after over 5000 hours exposure to salt fog chamber operated per ASTM B117).
787. 4 mm Four- bolt mast arm mount is adjustable for arms from 1- 1/ 4" to 2"( 1- 5/ 8" to 31") 2- 3/ 8" 0. 11) diameter and provides a 3G vibration rating per ANSI C136. Effective Projected Area( EPA) The EPA for the ATB2 is 0.78 sq. ft., Wildlife shield is cast into the housing( not a separate piece). Approx. Wt.= 21 lbs.( 9.53 kg) CONTROLS
NEMA 3 Pin photocontrol receptacle is standard, with the Acuity designed STANDARDS ANSI 7 Pin receptacle optionally available. DesignLights Consortium®( DLC) qualified product. Premium solid state locking sale photocontrol- PCSS( 10 year rated life). Not all versions of this product may be DLC qualified. Extreme long life sold state locking style photocontrol- PCLL( 20 year Please check the DLC Qualified Products List at rated life). www.designlights. org/ QPL to confirm which versions are qualified. Mulit-level dimming available to provide scheduled dimming as specified by the customer. Color temperatures of<_3000K must be specified for Optional onboard Adjustable Output module allows the light output and International Dark Sky Association certification. input wattage to be modified to meet site specific requirements, and Rated for- 40° C to 40° C ambient. can also allow a single fixture to be flexibly applied in many different CSA Certified to U. S. and Canadian standards applications. Complies with ANSI: C136.2, C136. 10, C136. 14, C136.31, C136. 15, C136.37
Note: Specifications subject to change without notice. AELElectriAmerican Autobahn Series— AE1L0109_ATB2 Lighting Autobahn Series ATB2 Roadway Lighting
ORDERING INFORMATION
Example: ATB2 40LEDE70 MVOLT R2
ATB2 40BLEDEI5 MVOLT R3
Series Performance Packages Voltage Optics
40BLEDE70 40B Chips, 700mA Driver ATB2 Autobahn LED MVOLT Multi- volt, 120- 277V R2 Roadway Type II Roadway 40BLEDE10 40B Chips, 1050mA Driver 347 347V R3 Roadway Type III 40BLEDE13 40B Chips, 1300mA Driver 480 480V R4 Roadway Type IV 40BLEDE15 40B Chips, 1500mA Driver R5 Roadway Type V 60BLEDE70 60B Chips, 700mA Driver 60BLEDE85 60B Chips, 850mA Driver 60BLEDE10 60B Chips, 1050mA Driver 60BLEDE13 60B Chips, 1300mA Driver 60BLEDE15 60B Chips, 1500mA Driver 80BLEDE70 80B Chips, 700mA Driver 80BLEDE85 80B Chips, 850mA Driver 80BLEDE10 80B Chips, 1050mA Driver 80BLEDE12 80B Chips, 1200mA Driver 80BLEDE15 80B Chips, 1500mA Driver
5K- BZ- UMS- P7H
Options
Color Temperature( CCT) Misc.( continued) Notes Blank) 4000K CCT, 70 CRI Min. UMR- XX 8" Horizontal Arm for Round 1. Not available in 347 or 480V. 3K 3000K CCT, 70 CRI Min. Pole, Painted to match Fixture 2. Not available with DM or ML options. 5K 5000K CCT, 70 CRI Min. UMS- XX 8" Horizontal Arm for Square 3. Not available with AO, DM or P7 options. Pole, Painted to match Fixture Palnt UMR- GALV 8" Horizontal Arm for Round 4. Dimming schedule and light level information required from the customer Blank) Gray( Standard) Pole, Galvanized in order to configure product. Contact BK Black UMS- GALV 8" Horizontal Arm for Square Infrastructure Technical Support to BZ Bronze Pole, Galvanized DDB Dark Bronze proceed. GI Graphite Controls WH White Blank) 3 Pin NEMA Photocontrol Receptacle( Standard) Surge Protection Pr 7 Pin Photocontrol Receptacle Blank) Standard 10kV/ 5kA SPD Dimmable Driver Included) 20 20kV/ 10KA SPD NR No Photocontrol Receptacle MP' MOV Pack A02 Field Adjustable Output IL' SPD with Indicator Light DM OV- 10V Dimmable Driver Controls by others) Terminal Block M1.3,4 Multi Level Dimming Blank) Terminal Block( Standard) PCSS' Solid State Lighting T2 Wired to L1& L2 Positions Photocontrol( 120- 277V)
Misc. PCLL Solid State Long Life Photocontrol BL External Bubble Level SH Shorting Cap HS House- Side Shield Packaging NL Nema Label Blank) Single Unit( Standard) XL Not CSA Certified JP Job Pack( 24/ Pallet) HK Hingekeepers
Warranty Five- year limited warranty. Complete warranty terms located at: AELElecEleCtlwww.tris acuitvbrands. com/ CustomerResources/ Terms and conditions. asox Lighting. Actual performance may differ as a result of end- user environment and application. All values are design or typical values, measured under laboratory conditions at 25 C. Headquarters, Columbus Road, Granville, OH 43023 AEL 3825 Specifications subject to change without notice. www.americanelectriclighting. com 2014- 2017 Acuity Brands Lighting, Inc. All Rights Reserved. ATB2 07/ 24/ 17 Please contact your sales representative for the latest product information. R> 4 V14: 4 id( Kirby Risk Q 1+d3 : t7A.. F.'•'-: :... yA A3f 05/ 14/ 18 S109845419 ORDER T0: KIREY RISK 33 ELECTRICAL SUPPL 1015 SW REED ST PEORIA IL 61605- 3907 1 of 1 309- 674- 1143 Fax 309- 673- 6250 QUOTE TO: SHIP TO: CITY OF EAST PEORIA CITY OF EAST PEORIA 401 W WASHINGTON ST 100 S MAIN ST EAST PEORIA, IL 61611- 2420 EAST PEORIA, IL 61611- 2496 309- 698- 4715 fax UEG011EiZ:# U 9.ER:< ::::;:: i:::: CtfS3R1:tER: QEAkB: iKlM6.:•::•::•>:•>:•::•::•:•:•:•:•::•:::•::::::: : :::::•::<•::•::•:;•::•>:•::•:: RELfAS£:; It@F{{: dQS:# At4•:•>:•::•::•:•::•::•::•:•>:•>::::: ;<;...:::•::<•: 1019 EASTSIDE ROADWAY 9kLES FRSQK 5K3 YJk QBAk& 3RG FARF% fxPJRATIRIF ira{ L:tGK;>: AtLQhEP BRIAN D SKAGGS PAR ROBERT COLE 06/ 13/ 18 No t t;QR1}ER;.af.:::::::.:::..:::::.:::::.:::::::::::::::: AES,,,!.RIFE:tOK.::•::•:::•::•::•::•::•::•::•:: ::•::•:•::•::•::•:•::•:::•::•::: 3t i4; R: r.;t#:•:::•::::::.:•:::::. 1f+:}L.:::::::::.::..;::: Eatb: R: rl•c€t•:::::::•. 21ea HOLO ATB2- 40BLEDE15- MVOLT- R3- 507 . 00 lea 10647 . 00 5K- BZ- UMS- P7- SH KRPNM SUBJECT TO VENDOR RETURN POLICY** FIXTURE DESCRIPTION - AUTOBAN, LED ROADWAY- LARGE ( ATB2) 40B CHIPES . 1500MA DRIVER, MULTI- VOLT ( 120- 277V) ROADWAY TYPE III, BRONZE, UMS UNIVERSAL MOUNTING ARM 1 1/ 4 ( 1- 5/ 8 OD) X 8IN SQUARE POLE, 7 PIN PHOTOCONTROL RECEPTACLE, SHARTING CAP Available on 06/ 08/ 18 10647 . 00 TAXES NOT INCLUDED. i::: i: iiSc eid 3 . 00 PRODUCT AVAILABILITY IS SUBJECT TO CHANGE AT TINE OF ORDER ENTRY. PRICE IN EFFECT AT TINE OF SHIPMENT ON WIRE AND CONDUIT. NO MATERIAL MAY BE RETURNED WITHOUT PRIOR APPROVAL. ALL MATERIALS BEING RETURNED COULD BE SUBJECT TO A RESTOCKING CHARGE. lilEibit? t 10650 . 00 Quotation In Stack. On Time. eprinpflald Pone Right, OIOOtrlo QUOTE DATE QUOTE NUMBER U0P4Y COMPANY simma- wRiHya,GUARANTFED 225 WEST WASHINGTON ST EAST PEORIA, IL 61611 05/ 09/ 18 55706000 309- 694- 2000 Fax 309- 694- 2030 ORDER TO: PAGE NO. 04 SPRINGFIELD ELECTRIC SUPPLY 225 WEST WASHINGTON ST EAST PEORIA, IL 61611 1 309- 694- 2000 Fax 309- 694- 2030 QUOTE TO: SHIP TO: CITY OF EAST PEORIA CITY OF EAST PEORIA 401 W WASHINGTON ST 401 W WASHINGTON ST EAST PEORIA, IL 61611 EAST PEORIA, IL 61611 ORDERED BY CUSTOMER ORDER NUMBER RELEASE NUMBER SALESPERSON ROBERT CO EASTSIDE CTR ROADWAY KEVIN ROBB WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED KEVIN ROBB BID Pass Along 05/ 09/ 18 No ORDER QTY DESCRIPTION Unit Prc Net 20ea HOLO ATB240BLEDE15MVOLTR35KBZUMSP7SH Subtotal 10940 . 0000 TAXES NOT INCLUDED This is a quotation * subtotal 10940 . 00 Unless otherwise specified, all prices are subject to change without notice. S& H CHGS 0 . 00 Prices do not include applicable taxes. Springfield Electric Supply Co. standard . terms and conditions apply as posted at www. sprinafieldelectric. com/ terms Amount Due 10940. 00 TO: The Honorable Mayor and the City Council THRU: Jeffery Eder, City Administrator FROM: Ty Livingston, Director of Planning & Community Development DATE: May 30, 2018 SUBJECT: Resolution authorizing the selling process for City-owned surplus real estate BACKGROUND: Through the judicial process, the City has acquired a property at 345 Edmund in the Richland Neighborhood. At present, this is another property that still has a home on it which requires some amount of reinvestment to make it habitable again. As with other properties the City has acquired, the proposal here would be to list this property with our real estate agent, Aaron Cody. Also, we will be getting an appraisal before placing the property on the market. We have already had some expressed interest in this property so staff anticipates this will lead to a relatively quick sale which will need to be presented to the City Council at a future meeting. RECOMMENDATION: Approval. RESOLUTION NO. 1819-023 East Peoria, Illinois ______, 2018 RESOLUTION BY COMMISSIONER RESOLUTION AUTHORIZING THE SELLING PROCESS FOR CITY-OWNED SURPLUS REAL ESTATE AT 345 EDMUND STREET IN EAST PEORIA WHEREAS, the City has acquired title to a parcel of real estate located with the City of East Peoria at 345 Edmund Street through the foreclosure and abandonment provisions of the “Unsafe Property” Division of Article 11 of the Illinois Municipal Code (65 ILCS 5/11-31-1, et seq.) and such parcel is legally described in Exhibit A, attached hereto (hereinafter the “Property”); and WHEREAS, the City has determined that the Property is surplus public real estate owned by the City, and the City considers the Property to be excess property and unnecessary for City use or City purposes; and WHEREAS, the City seeks to sell the Property pursuant to the process set forth under Section 11-76-4.1 of the Illinois Municipal Code (65 ILCS 5/11-76-4.1), which provides for the appraisal of the Property by a certified or licensed appraiser and then the sale of the Property by City Officials, by a local licensed real estate agency, or by public auction for no less than 80% of the appraised value; and WHEREAS, the Property is further described by the parcel’s current zoning classification, size, and use in Exhibit A; and WHEREAS, the City Council hereby finds that it is in the best interests of the City to sell the Property such that the Property can be developed and put to use by an interested purchasing party; 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 Property, after obtaining an appraisal of the Property by a certified or licensed appraiser, are hereby directed to be sold by any process set forth under Section 11-76-4.1 of the Illinois Municipal Code for no less than 80% of the appraised value. Section 3. City Officials are hereby authorized to execute any documents necessary to initiate the sale or transfer of the Property, including, but not limited to, the execution of a listing agreement with a local licensed real estate agency, and to negotiate the terms of such sale or transfer of the Property to an interested purchasing party. The terms of such sale or transfer of the Property shall include payment by the purchasing party of the City’s costs, including, but not limited to, the cost of the appraisal, recording fees, and City attorneys’ fees in the amount of five hundred dollars ($500.00); together with the standard real estate agent commission rate if listed by a local real estate agency. Section 4. The City Clerk is hereby authorized and directed to publish this Resolution and any exhibits attached hereto immediately upon the passage of this Resolution by the City Council in a daily or weekly newspaper circulated in the City of East Peoria. Section 5. City Officials, in their discretion, are hereby authorized to withdraw the Property from the sale or transfer process for any reason they deem necessary or appropriate. APPROVED: ______Mayor ATTEST: ______City Clerk 2 EXHIBIT A DESCRIPTION OF SURPLUS REAL ESTATE Address: 345 Edmund Street, East Peoria, Illinois Size: 60 x 140 Zoning Classification: M-3 Manufacturing District, Transitional Use: Residential Legal Description: Lot 92 in RICHLAND FARMS, a Subdivision in the City of East Peoria, EXCEPT the North 9 feet of even width of said Lot; situated in Tazewell County and State of Illinois. Tax I.D. No. 01-01-32-117-004 3 PROPERTY FOR SALE 345 EDMUND ST Legal Description: P.I.N.: 01-01-32-117-004 EDMUND ST SANFORD ST Resolution No. 1819-019 401 W. Washington Street East Peoria, Illinois 61611 Phone: (309) 698-4715 TO: The Honorable Mayor David Mingus and Members of the City Fax: (309) 698-4747 Council David W. Mingus Mayor THRU: Jeffery A. Eder, City Administrator COMMISSIONERS FROM: Morgan R. Cadwalader, City Clerk John P. Kahl Public Health & Safety DATE: May 30, 2018 Gary R. Densberger Dept. of Accounts & Finance SUBJECT: Resolution Ascertaining Prevailing Wages for Public Works in the City of East Peoria, IL Daniel S. Decker Dept. Streets & Public improvements DISCUSSION: State law requires that all persons working on Public Works Timothy J. Jeffers contracts for the City be paid the prevailing wage for such work in the City. The Dept. Public Property ______law also requires the City to establish what those prevailing wages are once a year. The City must then either conduct a study of its own or adopt the findings of Jeffery A. Eder the Illinois Department of Labor for Tazewell County. The attached Resolution City Administrator adopts the current Illinois Department of Labor finding of the prevailing wages Morgan R. Cadwalader and any changes that the Illinois Department of Labor makes from time to time. City Clerk Jeffery M. Becker RECOMMENDATION: Approval of the Resolution. Director of Finance/Treasurer Dick Ganschow Police Chief John F. Knapp Interim Fire Chief Ty Livingston Director of Planning and Community Development Dennis W. Barron, Jr. Director of Public Works Douglas E. McCarty Director of Tourism & Special Events Dennis R. Triggs City Attorney Web Site: www.cityofeastpeoria.com “EAST PEORIA – HOME OF THE FESTIVAL OF LIGHTS” RESOLUTION NO. 1819-019 East Peoria, Illinois __June 5_, 2018 RESOLUTION ASCERTAINING THE PREVAILING RATE OF WAGE FOR LABORERS, WORKMEN AND MECHANICS EMPLOYED ON PUBLIC WORKS IN THE CITY OF EAST PEORIA, ILLINOIS RESOLUTION BY COMMISSIONER ______ WHEREAS, the Prevailing Wage Law, Chapter 820 ILCS 130/1-12, Illinois Compiled Statutes approved June 26, 1941, as amended, requires that each public body awarding any construction contract for public work or doing such work by day labor shall annually ascertain the general prevailing hourly rates of wages for employees engaged on such work; and WHEREAS, the statutes further provide that said rates be published, publicly posted and/or kept available for inspection by any interested party and a certified copy hereof must be promptly filed in the Office of the Department of Labor of the State of Illinois and be provided to others on request; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. To the extent and as required by “An Act regulating wages of laborers, mechanics and other workers employed in any public works by State, County, City of any public body or any political subdivision or by any one under contract for public works,” approved June 26, 1941, as amended, the other workers engaged in construction of public works coming under the jurisdiction of the City Council is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Tazewell County area as determined by the Department of Labor of the State of Illinois for the current year, a copy of that determination being attached hereto and incorporated herein by reference. As required by said Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State of Illinois shall supersede the Department’s previous determination and apply to any and all public works construction undertaken by the City Council. The definition of any terms appearing in this Resolution which are also used in aforesaid Act shall be the same as in said Act. Section 2. Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of the City Council to the extent required by the aforesaid act. Section 3. The City Clerk shall publicly post or keep available for inspection by any interested party in the main office of the City Council this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contract specifications. Section 4. The City Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. Section 5. The City Clerk shall promptly file a certificated copy of this Resolution with the Department of Labor of the State of Illinois. Section 6. The City Clerk, as required by law, shall cause to be published in a newspaper of general circulation within the area of this municipality a notice of this determination and that it is the effective prevailing wage determination of this public body or post on the City’s website a notice of the City’s determination with a hyperlink to the prevailing wage schedule for the County of Tazewell, Illinois that is published on the official website of the Department of Labor. APPROVED: ______MAYOR ATTEST: ______CITY CLERK 2 Prevailing Wage rates for Tazewell County effective Sept. 1, 2017 Trade Title Region Type Class Base Fore- M-F OSA OSH H/W Pension Vacation Training Wage man OT Wage ASBESTOS ABT-GEN NW BLD 26.89 28.39 1.5 1.5 2 7.80 18.85 0.00 0.80 ASBESTOS ABT-GEN NW HWY 29.99 31.49 1.5 1.5 2 7.80 20.64 0.00 0.80 ASBESTOS ABT-GEN SE BLD 28.00 29.50 1.5 1.5 2 9.00 14.57 0.00 0.80 ASBESTOS ABT-MEC ALL BLD 32.78 35.28 1.5 1.5 2 12.12 11.70 0.00 0.72 BOILERMAKER ALL BLD 39.50 42.50 2 2 2 7.07 12.47 0.00 0.40 BRICK MASON ALL BLD 33.16 34.66 1.5 1.5 2 9.40 10.57 0.00 0.79 CARPENTER ALL BLD 32.01 34.26 1.5 1.5 2 8.45 17.10 0.00 0.54 CARPENTER ALL HWY 34.04 36.29 1.5 1.5 2 8.45 17.50 0.00 0.52 CEMENT MASON ALL BLD 30.52 32.27 1.5 1.5 2 8.26 16.40 0.00 0.50 CEMENT MASON ALL HWY 32.11 33.61 1.5 1.5 2 8.25 16.77 0.00 0.50 CERAMIC TILE FNSHER ALL BLD 30.86 30.86 1.5 1.5 2 9.40 10.57 0.00 0.77 ELECTRIC PWR EQMT OP ALL ALL 43.76 54.80 1.5 1.5 2 6.81 12.25 0.00 0.44 ELECTRIC PWR GRNDMAN ALL ALL 29.96 54.80 1.5 1.5 2 6.40 8.39 0.00 0.30 ELECTRIC PWR LINEMAN ALL ALL 48.61 54.80 1.5 1.5 2 6.96 13.61 0.00 0.49 ELECTRIC PWR TRK DRV ALL ALL 31.42 54.80 1.5 1.5 2 6.44 8.80 0.00 0.31 ELECTRICIAN ALL BLD 35.71 38.21 1.5 1.5 2 7.55 12.21 0.00 0.80 ELECTRONIC SYS TECH ALL BLD 28.00 30.00 1.5 1.5 2 7.10 11.44 0.00 0.40 ELEVATOR CONSTRUCTOR ALL BLD 43.43 48.86 2 2 2 15.28 15.71 3.47 0.60 GLAZIER ALL BLD 34.87 34.87 1.5 1.5 1.5 10.50 7.70 0.00 1.25 HT/FROST INSULATOR ALL BLD 43.70 46.20 1.5 1.5 2 12.12 12.96 0.00 0.72 IRON WORKER ALL BLD 32.41 34.31 1.5 1.5 2 10.66 15.47 0.00 0.54 IRON WORKER ALL HWY 36.82 38.82 1.5 1.5 2 10.66 15.47 0.00 0.64 LABORER NW BLD 25.89 27.39 1.5 1.5 2 7.80 18.85 0.00 0.80 LABORER NW HWY 29.24 30.74 1.5 1.5 2 7.80 20.64 0.00 0.80 LABORER SE BLD 28.00 29.50 1.5 1.5 2 9.00 14.57 0.00 0.80 LABORER SE HWY 32.00 33.50 1.5 1.5 2 9.00 16.62 0.00 0.80 LATHER ALL BLD 32.01 34.26 1.5 1.5 2 8.45 17.10 0.00 0.54 MACHINERY MOVER ALL HWY 35.98 37.98 1.5 1.5 2 9.49 13.91 0.00 0.00 MACHINIST ALL BLD 45.35 47.85 1.5 1.5 2 7.26 8.95 1.85 0.00 MARBLE FINISHERS ALL BLD 30.86 1.5 1.5 2 9.40 10.57 0.00 0.77 MARBLE MASON ALL BLD 32.61 33.86 1.5 1.5 2 9.40 10.57 0.00 0.78 MILLWRIGHT ALL BLD 31.74 33.99 1.5 1.5 2 8.45 17.72 0.00 0.54 MILLWRIGHT ALL HWY 33.59 35.33 1.5 1.5 2 8.20 16.95 0.00 0.52 OPERATING ENGINEER ALL BLD 1 39.69 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL BLD 2 36.83 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL BLD 3 32.12 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL HWY 1 39.69 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL HWY 2 36.83 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL HWY 3 32.12 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 PAINTER ALL ALL 35.35 37.35 1.5 1.5 1.5 10.30 8.20 0.00 1.35 PAINTER SIGNS ALL BLD 37.45 42.05 1.5 1.5 2 2.60 3.18 0.00 0.00 PILEDRIVER ALL BLD 33.01 35.26 1.5 1.5 2 8.45 17.10 0.00 0.54 PILEDRIVER ALL HWY 34.04 36.29 1.5 1.5 2 8.45 17.50 0.00 0.52 PIPEFITTER ALL BLD 38.90 43.18 1.5 1.5 2 7.10 12.53 0.00 1.06 PLASTERER ALL BLD 29.41 30.66 1.5 1.5 2 8.40 16.74 0.00 0.80 PLUMBER ALL BLD 35.57 38.77 1.5 1.5 2 7.10 14.71 0.00 0.95 ROOFER ALL BLD 31.00 32.55 1.5 1.5 2 9.00 9.20 0.00 0.30 SHEETMETAL WORKER ALL BLD 32.75 34.39 1.5 1.5 2 9.37 16.46 0.00 0.80 SIGN HANGER ALL HWY 36.82 38.82 1.5 1.5 2 10.66 15.47 0.00 0.64 SPRINKLER FITTER ALL BLD 37.12 39.87 1.5 1.5 2 8.42 8.50 0.00 0.35 STEEL ERECTOR ALL HWY 36.82 38.82 1.5 1.5 2 10.66 15.47 0.00 0.64 STONE MASON ALL BLD 33.16 34.66 1.5 1.5 2 9.40 10.57 0.00 0.79 TERRAZZO FINISHER ALL BLD 30.86 1.5 1.5 2 9.40 10.57 0.00 0.77 TERRAZZO MASON ALL BLD 32.61 32.61 1.5 1.5 2 9.40 10.57 0.00 0.78 TILE MASON ALL BLD 32.61 33.86 1.5 1.5 2 9.40 10.57 0.00 0.78 TRUCK DRIVER ALL ALL 1 36.15 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL ALL 2 36.67 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL ALL 3 36.91 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL ALL 4 37.25 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL ALL 5 38.23 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 1 28.92 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 2 29.34 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 3 29.53 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 4 29.80 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 5 30.58 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TUCKPOINTER ALL BLD 33.16 34.66 1.5 1.5 2 9.40 10.57 0.00 0.79 Legend M-F OT Unless otherwise noted, OT pay is required for any hour greater than 8 worked each day, Mon through Fri. The number listed is the multiple of the base wage. OSA Overtime pay required for every hour worked on Saturdays OSH Overtime pay required for every hour worked on Sundays and Holidays H/W Health/Welfare benefit Explanations TAZEWELL COUNTY ASBESTOS - See Laborers CARPENTERS (NORTH) - That part of the county North including the towns of Marquette Hts., Morton, Creve Coeur and Deer Creek. LABORERS (NORTHWEST) - The area bounded by the old city limits of East Peoria. MILLWRIGHTS - See Carpenters PILEDRIVERS - See Carpenters The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. Oil and chip resealing (O&C) means the application of road oils and liquid asphalt to coat an existing road surface, followed by application of aggregate chips or gravel to coated surface, and subsequent rolling of material to seal the surface. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - Removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER, MARBLE FINISHER, TERRAZZO FINISHER Assisting, helping or supporting the tile, marble and terrazzo mechanic by performing their historic and traditional work assignments required to complete the proper installation of the work covered by said crafts. The term "Ceramic" is used for naming the classification only and is in no way a limitation of the product handled. Ceramic takes into consideration most hard tiles. ELECTRONIC SYSTEMS TECHNICIAN Installation, service and maintenance of low-voltage systems which utilizes the transmission and/or transference of voice, sound, vision, or digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background/foreground music, intercom and telephone interconnect, field programming, inventory control systems, microwave transmission, multi-media, multiplex, radio page, school, intercom and sound burglar alarms and low voltage master clock systems. Excluded from this classification are energy management systems, life safety systems, supervisory controls and data acquisition systems not intrinsic with the above listed systems, fire alarm systems, nurse call systems and raceways exceeding fifteen feet in length. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Drivers on 2 axle trucks hauling less than 9 ton. Air compressor and welding machines and brooms, including those pulled by separate units, truck driver helpers, warehouse employees, mechanic helpers, greasers and tiremen, pickup trucks when hauling materials, tools, or workers to and from and on-the-job site, and fork lifts up to 6,000 lb. capacity. Class 2. Two or three axle trucks hauling more than 9 ton but hauling less than 16 ton. A-frame winch trucks, hydrolift trucks, vactor trucks or similar equipment when used for transportation purposes. Fork lifts over 6,000 lb. capacity, winch trucks, four axle combination units, and ticket writers. Class 3. Two, three or four axle trucks hauling 16 ton or more. Drivers on water pulls, articulated dump trucks, mechanics and working forepersons, and dispatchers. Five axle or more combination units. Class 4. Low Boy and Oil Distributors. Class 5. Drivers who require special protective clothing while employed on hazardous waste work. TRUCK DRIVER - OIL AND CHIP RESEALING ONLY. This shall encompass laborers, workers and mechanics who drive contractor or subcontractor owned, leased, or hired pickup, dump, service, or oil distributor trucks. The work includes transporting materials and equipment (including but not limited to, oils, aggregate supplies, parts, machinery and tools) to or from the job site; distributing oil or liquid asphalt and aggregate; stock piling material when in connection with the actual oil and chip contract. The Truck Driver (Oil & Chip Resealing) wage classification does not include supplier delivered materials. OPERATING ENGINEERS - BUILDING Class 1. Cranes; Overhead Cranes; Gradall; All Cherry Pickers; Mechanics; Central Concrete Mixing Plant Operator; Road Pavers (27E - Dual Drum - Tri Batchers); Blacktop Plant Operators and Plant Engineers; 3 Drum Hoist; Derricks; Hydro Cranes; Shovels; Skimmer Scoops; Koehring Scooper; Drag Lines; Backhoe; Derrick Boats; Pile Drivers and Skid Rigs; Clamshells; Locomotive Cranes; Dredge (all types) Motor Patrol; Power Blades - Dumore - Elevating and similar types; Tower Cranes (Crawler-Mobile) and Stationary; Crane-type Backfiller; Drott Yumbo and similar types considered as Cranes; Caisson Rigs; Dozer; Tournadozer; Work Boats; Ross Carrier; Helicopter; Tournapulls - all and similar types; Scoops (all sizes); Pushcats; Endloaders (all types); Asphalt Surfacing Machine; Slip Form Paver; Rock Crusher; Heavy Equipment Greaser; CMI, CMI Belt Placer, Auto Grade & 3 Track and similar types; Side Booms; Multiple Unit Earth Movers; Creter Crane; Trench Machine; Pump-crete-Belt Crete- Squeeze Cretes-Screw-type Pumps and Gypsum; Bulker & Pump - Operator will clean; Formless Finishing Machine; Flaherty Spreader or similar types; Screed Man on Laydown Machine; Wheel Tractors (industrial or Farm-type w/Dozer-Hoe-Endloader or other attachments); F.W.D. & Similar Types; Vermeer Concrete Saw. Class 2. Dinkeys; Power Launches; PH One-pass Soil Cement Machine (and similar types); Pugmill with Pump; Backfillers; Euclid Loader; Forklifts; Jeeps w/Ditching Machine or other attachments; Tuneluger; Automatic Cement and Gravel Batching Plants; Mobile Drills (Soil Testing) and similar types; Gurries and Similar Types; (1) and (2) Drum Hoists (Buck Hoist and Similar Types); Chicago Boom; Boring Machine & Pipe Jacking Machine; Hydro Boom; Dewatering System; Straw Blower; Hydro Seeder; Assistant Heavy Equipment Greaser on Spread; Tractors (Track type) without Power Unit pulling Rollers; Rollers on Asphalt -- Brick Macadem; Concrete Breakers; Concrete Spreaders; Mule Pulling Rollers; Center Stripper; Cement Finishing Machines & CMI Texture & Reel Curing Machines; Cement Finishing Machine; Barber Green or similar loaders; Vibro Tamper (All similar types) Self-propelled; Winch or Boom Truck; Mechanical Bull Floats; Mixers over 3 Bag to 27E; Tractor pulling Power Blade or Elevating Grader; Porter Rex Rail; Clary Screed; Truck Type Hoptoe Oilers; Fireman; Spray Machine on Paving; Curb Machines; Truck Crane Oilers; Oil Distributor; Truck-Mounted Saws. Class 3. Air Compressor; Power Subgrader; Straight Tractor; Trac Air without attachments; Herman Nelson Heater, Dravo, Warner, Silent Glo, and similar types; Roller: Five (5) Ton and under on Earth or Gravel; Form Grader; Crawler Crane & Skid Rig Oilers; Freight Elevators - permanently installed; Pump; Light Plant; Generator; Conveyor (1) or (2) - Operator will clean; Welding Machine; Mixer (3) Bag and Under (Standard Capacity with skip); Bulk Cement Plant; Oiler on Central Concrete Mixing Plant. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION CLASS 1. Cranes; Hydro Cranes; Shovels; Crane Type Backfiller; Tower, Mobile, Crawler, & Stationary Cranes; Derricks; Hoists (3 Drum); Draglines; Drott Yumbo & Similar Types considered as Cranes; 360 Degree Swing Excavator (Shears, Grapples, Movacs, etc.); Back Hoe; Derrick Boats; Pile Driver and Skid Rigs; Clam Shell; Locomotive - Cranes; Road Pavers - Single Drum - Dual Drum - Tri Batcher; Motor Patrols & Power Blades - Dumore - Elevating & Similar Types; Mechanics; Central Concrete Mixing Plant Operator; Asphalt Batch Plant Operators and Plant Engineers; Gradall; Caisson Rigs; Skimmer Scoop - Koering Scooper; Dredges (all types); Hoptoe; All Cherry Pickers; Work Boat; Ross Carrier; Helicopter; Dozer; Tournadozer; Tournapulls - all and similar types; Operation of Concrete and all Recycle Machines; Multiple Unit Earth Movers; Scoops (all sizes); Pushcats; Endloaders (all types); Asphalt Surfacing Machine; Slip Form Paver; Rock Crusher; Operation of Material Crusher, Screening Plants, and Tunnel Boring Machine; Heavy Equipment Greaser (top greaser on spread); CMI, Auto Grade, CMI Belt Placer & 3 Track and Similar Types; Side Booms; Asphalt Heater & Planer Combination (used to plane streets); Wheel Tractors (with Dozer, Hoe or Endloader Attachments); CAT Earthwork Compactors and Similar Types; Blaw Knox Spreader and Similar Types; Trench Machines; Pump Crete - Belt Crete - Squeeze Crete - Screw Type Pumps and Gypsum (operator will clean); Creter Crane; Operation of Concrete Pump Truck; Formless Finishing Machines; Flaherty Spreader or Similar Types; Screed Man on Laydown Machine; Vermeer Concrete Saw; Operation of Laser Screed; Span Saw; Dredge Leverman; Dredge Engineer; Lull or Similar Type; Hydro-Boom Truck; Operation of Guard Rail Machine; and Starting Engineer on Pipeline or Construction (11 or more pieces) including: Air Compressor (Trailer Mounted), All Forced Air Heaters (regardless of Size), Water Pumps (Greater than 4-1/2" or Total Discharge Over 4-1/2"), Light Plants, Generators (Trailer Mounted - Excluding Decontamination Trailer), Welding Machines (Any Size or Mode of Power), Conveyor, Mixer (any size), Stud Welder, Power Pac, etc, and Ground Heater (Trailer Mounted). CLASS 2. Bulker & Pump; Power Launches; Boring Machine & Pipe Jacking Machine; Dinkeys; Operation of Carts, Powered Haul Unit for a Boring Machine; P & H One Pass Soil Cement Machines and Similar Types; Wheel Tractors (Industry or Farm Type - Other); Back Fillers; Euclid Loader; Fork Lifts; Jeep w/Ditching Machine or Other Attachments; Tunneluger; Automatic Cement & Gravel Batching Plants; Mobile Drills - Soil Testing and Similar Types; Pugmill with Pump; All (1) and (2) Drum Hoists; Dewatering System; Straw Blower; Hydro-Seeder; Bump Grinders (self- propelled); Assistant Heavy Equipment Greaser; Apsco Spreader; Tractors (Track-Type) without Power Units Pulling Rollers; Rollers on Asphalt - Brick or Macadam; Concrete Breakers; Concrete Spreaders; Cement Strippers; Cement Finishing Machines & CMI Texture & Reel Curing Machines; Vibro-Tampers (All Similar Types Self-Propelled); Mechanical Bull Floats; Self-Propelled Concrete Saws; Truck Mounted Power Saws; Operation of Curb Cutters; Mixers - Over Three (3) Bags; Winch and Boom Trucks; Tractor Pulling Power Blade or Elevating Grader; Porter Rex Rail; Clary Screed; Mule Pulling Rollers; Pugmill without Pump; Barber Greene or Similar Loaders; Track Type Tractor w/Power Unit attached (minimum); Fireman; Spray Machine on Paving; Curb Machines; Paved Ditch Machine; Power Broom; Self-Propelled Sweepers; Self-Propelled Conveyors; Power Subgrader; Oil Distributor; Straight Tractor; Truck Crane Oiler; Truck Type Oilers; Directional Boring Machine; Horizontal Directional Drill; Articulating End Dump Vehicles; Starting Engineer on Pipeline or Construction (6 -10 pieces) including: Air Compressor (Trailer Mounted), All Forced Air Heaters (regardless of Size), Water Pumps (Greater than 4-1/2" or Total Discharge Over 4-1/2"), Light Plants, Generators (Trailer Mounted - Excluding Decontamination Trailer), Welding Machines (Any Size or Mode of Power), Conveyor, Mixer (any size), Stud Welder, Power Pac, etc., and Ground Heater (Trailer Mounted). CLASS 3. Straight Framed Truck Mounted Vac Unit (separately powered); Trac Air Machine (without attachments); Rollers - Five Ton and Under on Earth and Gravel; Form Graders; Bulk Cement Plant; Oilers; and Starting Engineer on Pipeline or Construction (3 - 5 pieces) including: Air Compressor (Trailer Mounted), All Forced Air Heaters (regardless of Size), Water Pumps (Greater than 4-1/2" or Total Discharge Over 4-1/2"), Light Plants, Generators (Trailer Mounted - Excluding Decontamination Trailer), Welding Machines (Any Size or Mode of Power), Conveyor, Mixer (any size), Stud Welder, Power Pac, etc., and Ground Heater (Trailer Mounted). Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. RESOLUTION NO. 1819-016 East Peoria, Illinois ______, 2018 RESOLUTION BY COMMISSIONER WHEREAS, there was a washout needing to be repaired at or near 311 Pekin Avenue (the “Repair Project”); and WHEREAS, the City has obtained bids for the Repair Project; and WHEREAS, the City received the lowest responsible bid from Koenig Trucking and Excavating, LLC (“Koenig”) for the Repair Project in the amount of $17,770.00; and WHEREAS, the City desires now to accept the lowest responsible bid for the Repair Project as specified at “Exhibit A” (the “Low Bid”) attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the Mayor or his designee is hereby authorized and directed to accept the Low Bid together with such modifications 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 Low Bid has been delivered to Koenig. APPROVED: ______Mayor ATTEST: ______City Clerk 2232 E. WASHINGTON ST. East Peoria, Illinois 61611 . Phone (309) 698-4716 FAX (309) 698-4730 Commissioners Dan Decker Tim Jeffers TO: The Honorable Mayor and the City Council THRU: Jeffery A. Eder, City Administrator FROM Dennis W. Barron, Jr., Director of Public Works DATE: June 1, 2018 SUBJECT: Agreement Between the City of East Peoria, Vestas-American Wind Technology, Inc. and ATS, Inc. DISCUSSION: The Public Works Department and Police Department has been working under the oversight of Miller, Hall and Triggs to negotiate an agreement between all parties to define the routing, timing, and reimbursement for the large wind turbine moves onto Columbia Street, W. Washington Street and onto Main Street. This agreement has been made to ensure that all parties understand the needs of the others and the reimbursement of expenses, discussed because of this move. RECOMMENDATION: Approve the Agreement Between the City of East Peoria, Vestas-American Wind Technology, Inc. and ATS, Inc. “EAST PEORIA-HOME OF THE FESTIVAL OF LIGHTS” RESOLUTION NO. 1819-026 East Peoria, Illinois , 2018 RESOLUTION BY COMMISSIONER ______ RESOLUTION APPROVING AGREEMENT WITH VESTAS – AMERICAN WIND TECHNOLOGY INC. FOR TRANSPORT OF WIND TURBINE COMPONENTS ON CITY STREETS WHEREAS, Vestas-American Wind Technology Inc. (“Vestas”) is developing a wind energy generating facility at the Walnut Ridge site in Bureau County, Illinois, consisting of approximately 109 wind turbines (the “Wind Turbine Project”), and the wind turbine components for the Wind Turbine Project have been shipped by railroad to the railyard in East Peoria, Illinois; and WHEREAS, Vestas, with assistance from ATS Inc., is transporting the Wind Turbine Project components by truck from the railyard in East Peoria, Illinois, to the Wind Turbine Project site in Bureau County, Illinois (the “Transport Project”); and WHEREAS, the Transport Project will consist of transporting Wind Turbine Project components on 18 truckloads a day for a period of approximately three months along a fixed route through East Peoria commencing at Columbia Street adjacent to the railyard, then onto West Washington Street to Main Street (Illinois Route 116), and then heading out of East Peoria on North Main Street (the “Transport Route”); and WHEREAS, Vestas has obtained the necessary permits from IDOT to use the Route 116 portion of the Transport Route within the City of East Peoria; and WHEREAS, the portion of the Transport Route on Columbia Street and West Washington Street are streets owned, operated, and maintained by the City (the “City Streets”); and WHEREAS, because the majority of the trucks transporting the Wind Turbine Project components will be over-sized trucks, the intersections along the Transport Route will be temporarily blocked while the over-sized trucks move through the intersections along the Transport Route; and WHEREAS, due to the traffic issues created at these the intersections along the Transport Route when the trucks transporting the Wind Turbine Project components pass through these intersections, the City’s Police Department will be needed to establish traffic control prior to and during the established times for the Transport Project; and WHEREAS, due to the traffic issues created at these the intersections along the Transport Route when the trucks transporting the Wind Turbine Project components pass through these intersections, the over-sized trucks will only be permitted on the Transport Route during the early morning hours before the normal morning rush hour; and WHEREAS, the high volume use of the City Streets by the over-sized trucks transporting the Wind Turbine Project components as part of the Transport Project may degrade the condition of the City Streets; and WHEREAS, the parties seek to cooperate with each other and any State agencies to ensure the smooth operation of the Transport Project along the City Streets and the entire Transport Route; WHEREAS, City officials and Vestas have negotiated a Road Use Agreement, attached hereto as “Exhibit A”, for the portion of the Transport Project occurring in the City of East Peoria to ensure proper traffic control along the Transport Route and to address the possible degradation of the City Streets during the Transport Project; and WHEREAS, under the terms of the Road Use Agreement, the City will be reimbursed for traffic control provided by the City’s Police Department and will be provided funding for the possible degradation of the City Streets portion of the Transport Route; and WHEREAS, the City of East Peoria hereby finds it in the best interests of the City to assist with the Wind Turbine Project under the terms and conditions as set forth in the Road Use Agreement (Exhibit A); 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 Road Use Agreement (Exhibit A) with Vestas-American Wind Technology Inc. for providing assistance for the Wind Turbine Project is hereby approved. Section 3. The Mayor and the City Clerk are hereby authorized and directed to execute the Road Use Agreement on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate; provided, however, that the 2 City shall have no obligation under terms of the Road Use Agreement until such time as an executed original of the Agreement has been delivered to Vestas. APPROVED: ______Mayor ATTEST: ______City Clerk 3 EXHIBIT A Road Use Agreement for City Streets 4 EXHIBIT A Road Use Agreement for City Streets 4 ROAD USE AGREEMENT THIS ROAD USE AGREEMENT (the “Agreement”) is made this _____ day of June, 2018, and entered into by and among the City of East Peoria, an Illinois municipal corporation (the “City”), and Vestas-American Wind Technology, Inc., a California corporation (“Vestas”), and solely for purposes of invoicing and payment of such invoices pursuant to Section 5(f) of this Agreement, ATS, Inc. (“ATS”).. RECITALS WHEREAS, Vestas is in the process of developing a wind energy generating facility in Bureau County, Illinois, consisting of up to 109 wind turbines (the “Wind Turbine Project”), and the wind turbine components for the Wind Turbine Project have been shipped by railroad to the railyard in East Peoria, Illinois; and WHEREAS, ATS Inc. is transporting the Wind Turbine Project components by truck from the railyard in East Peoria, Illinois, to the Wind Turbine Project site in Bureau County, Illinois (the “Transport Project”); and WHEREAS, the Transport Project will consist of 18 truckloads a day of Wind Turbine Project components for a period of approximately three months that are transported across the City’s streets along a route from the railyard in East Peoria, Illinois, through East Peoria, then heading out of East Peoria on North Illinois Route 116, which is known as Main Street in East Peoria (the “Transport Route”), and the Transport Route is shown on Exhibit A, attached hereto and incorporated by reference; and WHEREAS, the Transport Project of these 18 daily truckloads across the Transport Route will follow a route from the railyard in East Peoria, Illinois, onto Columbia Street in East Peoria, then right onto West Washington Street in East Peoria, then left onto Illinois Route 116 (Main Street in East Peoria), with the portion of the Transport Route on Columbia Street and West Washington Street owned, operated, and maintained by the City and hereinafter referred to as the “City Streets” and shown in red as “Segment 1” on Exhibit A; and WHEREAS, in order to efficiently move the over-sized trucks comprising the Transport Project along the Transport Route and in an effort to minimize traffic disruption, the City will employ uniformed police officers from the City’s Police Department to establish traffic control prior to and during the established times for the Transport Project; and WHEREAS, the City anticipates potential damage to City Streets in connection with and during the Transport Project, and the Parties seek to address issues that may arise in relation to the City Streets over which Vestas will transport the heavy wind turbine components with oversized trucks and semi-tractor trailers as part of the Transport Project, as such vehicles may from time to time be in excess of the design limits of the City Streets and which may necessitate certain modifications and improvements (both temporary and permanent) to the City Streets and associated rights-of-way to accommodate the Transport Project; and WHEREAS, the City has retained an engineer to oversee the maintenance and operation of all City roadways (the “City Engineer), including the City Streets portion of the Transport Route, and the City Engineer has provided an evaluation of the present condition of the City Streets and wear and tear and potential damage to City Streets in connection with and during the Transport Project; and WHEREAS, Vestas has obtained the necessary permits from IDOT to use the Route 116 portion of the Transport Route within the City of East Peoria; and WHEREAS, the Parties seek to cooperate with each other and any State agencies to ensure the smooth operation of the Transport Project along the City Streets and the entire Transport Route; NOW, THEREFORE, in consideration of the mutual promises and covenants herein set forth, the Parties hereby agree as follows: Section 1. Project Scope. The Transport Project shall start no sooner than June 25, 2018, and continue until no later than September 30, 2018. The City and Vestas shall mutually agree on extensions to the end date of the Transport Project, if and as necessary or advisable (such agreement not to be unreasonably withheld, conditioned or delayed). The Transport Project shall consist of eighteen truckloads per day comprised of the main portion of the Transport Project consisting of fourteen (14) truckloads (the “Main Transport”) and the secondary portion of the Transport Project consisting of four (4) truckloads (the “Secondary Transport”). The Main Transport and Secondary Transport on a particular day may be collectively referred to as the “Transports”. The Main Transport will consist of oversized truckloads that will require escorts by the Illinois State Police, while the Secondary Transport will consist of truckloads that are permitted truck length and weight that do not require public or private escort. The trucks comprising either the Main Transport or the Secondary Transport shall only follow the Transport Route through the City. Section 2. Schedule for Project. (a) The Transport Project will only occur on regular weekdays, excluding holidays and weekends. Thus, no Transports will occur on July 4th (Wednesday, July 4, 2018) or on Labor Day (Monday, September 3, 2018). Also, during the week of July 4th, no Transports will occur on Thursday, July 5, 2018. Instead of running Transports on July 5, 2018, Vestas will be permitted to run Transports on Saturday, July 7, 2018. (b) By mutual agreement of the Parties, the Transports may occur on any additional Saturday as designated by the Parties on a non-holiday weekend. (c) No more than one (1) Main Transport and one (1) Secondary Transport will be permitted per day. In order to minimize the adverse effects to local City traffic, no truck that is a part of the Transports shall use the Transport Route or any other City roadways except at the times set forth in this Section 2 of the Agreement. 2 (d) The trucks comprising the Main Transport shall only depart the railyard in East Peoria between the hours of 2:00 a.m. and 5:00 a.m., with the last truck clearing the Camp Street and Main Street (Route 116) intersection in East Peoria by no later than 6:00 a.m. on that same day. (e) The trucks comprising the Secondary Transport shall only depart the railyard in East Peoria between the hours of 9:00 a.m. and 11:00 a.m. (f) The return of empty trucks used for the Transports shall not occur along the Transport Route during the evening rush hour of 5:00 p.m. to 6:00 p.m. on weekdays, but otherwise shall not be restricted in relation to travel times under the terms of this Agreement. (g) After the Transport Project has taken place for a minimum of five (5) days, the Parties may mutually agree in writing to extend or otherwise revise the hours of use of the Transport Route for the Main Transport, the Secondary Transport, or both Transports. It shall be within the reasonable discretion of the City as to whether to agree to any extension or revision in the hours set forth herein; the City shall not be required to agree to any unreasonable extension or revision in the hours set forth herein. Section 3. City Responsibilities. The City hereby agrees to undertake the following in connection with the Transport Project: (a) The City shall ensure that the City Streets portion of the Transport Route is ready for the Transport Project in time for the first potential transport date on June 25, 2018. The City agrees to complete any alterations or removal of City appurtenances, such as traffic signs or light poles, from the City Streets right-of-way that are necessary to accommodate the Transport Project. (b) The City shall provide traffic control along the Transport Route from the railyard at Columbia Street to the intersection of Main Street and Camp Street in East Peoria as provided in Section 5. (c) The City shall act in a reasonably prompt manner to make any repairs to the City Streets pursuant to Section 6(e) of this Agreement. Section 4. Vestas Responsibilities. Vestas hereby agrees to undertake the following in connection with the Transport Project: (a) Ensure pre-qualification and permitting by IDOT to perform the Transport Project along the State portion of the Transport Route prior to running any Transports. (b) Meet the insurance coverage provision of Section 8. (c) Fully reimburse the City for reasonable, out-of-pocket traffic control costs as provided in Section 5. 3 (d) Subject to the other limitations and conditions set forth in this Agreement, make full payment or reimbursement to the City for Road Repairs, Degradation Damage, and the out- of-pockets costs of road repair work reasonably undertaken and completed by the City pursuant to the terms and conditions of Section 6(e). (e) Unless otherwise expressly set forth herein, when Vestas is required to make any payment or reimbursement to the City under this Agreement, Vestas shall cause such payment or reimbursement to be made no later than thirty (30) days from receipt of a properly prepared invoice submitted by the City, along with all appropriate supporting bills and documentations as applicable. Section 5. Traffic Control. (a) The City shall provide five (5) uniformed police officers for deploying traffic control devices prior to the departure of the Main Transport and directing traffic for the Main Transport along the Transport Route. (b) The police officers’ shift to provide traffic control for the Main Transport under this provision of the Agreement shall begin a half-hour (30 minutes) prior to the start time of 2:00 a.m. for the Main Transport and shall continue through the duration of the travel time of the Main Transport until the last truck of the Main Transport clears the Camp Street and Main Street intersection in East Peoria. Each police officer shall be paid a minimum of four (4) hours for each shift at the police officer’s overtime rate. If a police officer’s shift extends beyond four (4) hours for any reason when providing traffic control services under the terms of this Agreement, including any delay or idle period incurred by the Main Transport once the Main Transport begins for the day, the police officer will receive overtime pay for all time in excess of the planned four (4) hour shift. The overtime rate for City police officers averages $62.36 per hour and may be as high as $76.46 per hour in accordance with the bargaining agreement between the City and the Policemen’s Benevolent Labor Committee. (c) If Vestas cancels a scheduled transport day for the Main Transport after 4:00 p.m. on the day before a scheduled transport day for the Main Transport, Vestas will pay the five (5) police officers scheduled to work that cancelled shift for two (2) hours of overtime at the overtime rate provided herein. (d) No traffic control will be provided by the City for the Secondary Transport. However, should Vestas require additional traffic control assistance for the Secondary Transport as determined by the City, Vestas will reimburse the City for such police officer assistance at the police officer’s overtime rate as provide herein for the hours needed for such traffic control assistance. (e) After the Transport Project has taken place for a minimum of five (5) days, the Parties may mutually agree in writing to extend, reduce, or otherwise revise the minimum shift hours for each police officer for traffic control assistance for the Main Transport, the Secondary Transport, or both Transports. It shall be within the reasonable discretion of the City as to whether to agree to any extension, reduction, or revision in the minimum shift hours for police officers as set forth herein; the City shall not be required to agree to any unreasonable extension, reduction, or revision in the minimum shift hours set forth herein. 4 (f) Vestas shall reimburse the City for the cost of providing the uniformed police officers as set forth herein. The City shall invoice ATS for each two-week period during the term of the Transport Project. All reimbursement payments made by ATS to the City for police officer services shall be made payable to the “City of East Peoria Police Department” and sent to the following address: City of East Peoria Police Department Attn: Lisa Kelch 201 W. Washington Street East Peoria, IL 61611 Section 6. Road Repair. (a) Vestas hereby agrees that, upon notice from the City, it shall reimburse the City up to a maximum of $120,000.00 to reconstruct, repair, or cause to be repaired, any damage to the City Streets caused by the Transport Project (the “Repair Work”). The Parties further acknowledge that the City will not contribute any funds for the post-construction Repair Work. “Damage” shall be interpreted in the broadest sense and shall include, but not be limited to, damage to the road surface, subsurface, culverts, drainage tiles, storm water inlets and drainage pipes, signs, and adjacent curbs or ditches, provided all of the same shall be visible at completion of the Transport Project (non-visible degradation damage to be addressed pursuant to Section 6(f) below). In order to document for benefit of the City and Vestas the damage resulting from the Transport Project and to reasonably determine the Repair Work and the reimbursement responsibility of Vestas under this Section 6(a), Vestas will, at its own cost, arrange for and have performed video recording the condition of the relevant City Streets before and after the Transport Project. All repair or restoration of City Streets shall be constructed in a good and workmanlike manner and in accordance with the Bureau of Local Roads and Streets Manual, and “Standard Specifications for Road and Bridge Construction” issued by IDOT; provided, however, that such repair or restoration required of Vestas shall only be to repair or restore such City Streets to the same level of safe usability for the motoring public as existed immediately prior to the Transport Project. For clarity, in the event that Vestas is responsible or liable for any costs under this Section 6(a), Vestas shall not be responsible or liable for any other payments under this Section 6 (other than pursuant to Section 6(e)), and any payments made under or in respect of any other provision of this Section 6 (other than pursuant to Section 6(e)) shall be credited on a dollar-for-dollar basis to Vestas in respect of any payment otherwise due or payable under this Section 6(a). (b) Within forty-five (45) days after completion of Transport Project, the City shall obtain and provide Vestas with the City Engineer’s estimate to complete any Repair Work. The City shall seek to complete the Repair Work in a prompt manner through the required public bid process upon the completion of the Transport Project. The actual Repair Work may be delayed by the City until the 2019 construction season if insufficient time exists to complete the Repair Work during 2018. (c) The Parties anticipate and agree that the Repair Work for the City Streets will consist of all reasonable, out-of-pocket labor, materials, and equipment for the reconstruction or repair of the City Streets. 5 (d) All road resurfacing shall be completed so as to provide a smooth, gradual integration with an existing road surface, even if such resurfacing requires limited improvements to City Streets indirectly negatively affected by the Transport Project. (e) If the City Streets degrade during the Transport Project due to transportation activities related to the Transport Project, the City shall cause necessary remedies to be implemented to ensure safe passage of the motoring public and the trucks in the Transport Project within a reasonable time; unless immediate hazards exist, in which case, the City shall take immediate action to make the City Streets safe for the motoring public and for the Transport Project. The City shall promptly notify Vestas emergency contacts, as provided in Section 9, when road repairs become necessary under this Section 6(e). Vestas shall be responsible for reasonable, out-of-pocket costs incurred by the City to address road damage incurred under this Section 6(e). The City shall provide timely notice after the road repairs are completed to Vestas regarding the cost of any road repairs completed under this Section 6(e) in accordance with the notice provisions in Section 10(f). (f) The Parties anticipate and agree that some portion of the City Streets may not require extensive repairs, but will suffer wear and tear as a result of the volume of traffic associated with the Transport Project, and such wear and tear will shorten the useful life of the City Streets (“Degradation Damage”). Vestas agrees to compensate the City for Degradation Damage to the City Streets caused by Vestas’ activities notwithstanding that such damage is not apparent upon visual inspection. The Parties agree that a portion of the City Streets will suffer Degradation Damage, and the amount of Degradation Damage cannot be calculated with certainty prior to the completion of construction activity. Accordingly, if the City does not engage in the Repair Work, in lieu of any payment toward the Repair Work, Vestas shall pay the City in an amount equal to $60,000 as payment in full for the Degradation Damage. Vestas shall pay the entire amount of $60,000 as an upfront payment upon commencement of the Transport Project. This $60,000 shall be held in escrow by the City pending completion of the Transport Project and assessment of damages to the City Streets. In the event that any Repair Work is performed, this $60,000 shall be credited to the costs of such Repair Work on a dollar-for-dollar basis, and (i) if the total cost of the Repair Work is less than $60,000, then any remaining amount shall be promptly refunded to Vestas; and (ii) if the total cost of the Repair Work is greater than $60,000, then any remaining amount shall be payable by Vestas in accordance with the payment terms of this Agreement. In the event that the City determines that no Repair Work will be performed, then the $60,000 upfront payment will be deemed as payment in full for the Degradation Damage. For clarity, in the event that Vestas is liable for any Degradation Damage, Vestas shall not be liable for any other amounts in this Section 6 (other than pursuant to Section 6(e)). The City shall take steps to reasonably ensure that escrow funds as provided herein are properly held and maintained in escrow and thereafter distributed pursuant to the terms of this Agreement. (g) Vestas shall reimburse the City for the full cost of the Repair Work upon being invoiced by the City for the cost of the Repair Work up to the maximum amount of $120,000.00, or in lieu of such payment for Repair Work, the full amount established for the Degradation Damage as provided in Section 6(f). Vestas shall also reimburse the City for the full cost of the any road repair work completed under Section 6(e). 6 Section 7. Insurance. Vestas shall furnish the City with evidence of general and liability insurance in the amount of at least Five Million Dollars ($5,000,000.00) per occurrence, which provides coverage for personal injury including death and claims for property damage, covering the transportation activities of Vestas under this Agreement. The insurance shall be written by a company rated by Standard & Poor’s rating group as A- or better. The Certificate of Insurance shall be provided to the City before the commencement of any portion of the Transport Project by Vestas. The insurance policy shall provide a thirty (30) day “prior notice of changes or termination” notice period to Vestas, and Vestas will provide notice to the City within five (5) days of receipt of such notice. The City and the City Council shall be named as additional insureds on the policy held by Vestas in compliance with this Section 7, and Vestas shall provide a copy of an Additional Insured Endorsement, if applicable, to the City at least ten (10) days prior to the first day when trucking activities begin for the Transport Project. Section 8. Indemnification. (a) Vestas hereby agrees to release and shall hold harmless, indemnify, defend, pay costs of defense (including reasonable attorneys’ fees), and pay any and all claims or judgments which may hereafter accrue against the City, the City Council, or any City Officials (notwithstanding that such individuals are not specifically named herein) their agents, servants, employees, and attorneys, arising out of any of the use of the City Streets and the Transport Route (i) resulting from any violation of the law of the State or Illinois or any permit to be complied with in connection with the Transport Project or (ii) resulting from the negligence or willful misconduct, in each case by Vestas, any contractors or subcontractors used by Vestas, their respective successors or assigns in connection with the Transport Project. Provided, however, that to receive the indemnification described herein, the parties so indemnified must first tender any claim, litigation or threat thereof contemplated above to Vestas within fifteen (15) days of the City’s receipt, in which case Vestas may elect in lieu of the foregoing indemnity to defend, litigate, negotiate, or settle the same through its own counsel and representatives and at its own expense. Vestas may elect to take no action as its response to said claim or threat of claim, and in all cases where tender has been accepted, Vestas shall have sole decision making authority with respect to strategy of response and shall hold the City harmless against the result of any such decisions. In the event Vestas should refuse tender, the parties so indemnified may proceed in their own defense as described above, subject to their rights of indemnity. (b) The City hereby agrees to release and shall hold harmless, indemnify, defend, pay costs of defense (including reasonable attorneys’ fees), and pay any and all claims or judgments which may hereafter accrue against Vestas, its agents, servants, employees and attorneys, arising out of any negligent actions or inactions or willful misconduct of the City with respect to their duties under this Agreement or duties arising under the law of the State of Illinois. Provided, however, that to receive the indemnification described herein, the parties so indemnified must first tender any claim, litigation or threat thereof contemplated above to the City within fifteen (15) days of its receipt, in which case the City may elect in lieu of the foregoing indemnity to defend, litigate, negotiate, or settle the same through its own counsel and representatives and at its own expense. The City may elect to take no action as its response to said claim or threat of claim, and in all cases where tender has been accepted, the City shall have sole decision making 7 authority with respect to strategy of response and shall hold Vestas harmless against the result of any such decisions. In the event the City should refuse tender, the parties so indemnified may proceed in their own defense as described above, subject to their rights of indemnity. Section 9. Emergency Contacts. Should emergency or urgent matter arise immediately before or during the hours of operation of the Transport Project, the following persons shall be the emergency point of contact to address the situation to ensure a quick response and continued operation of the Transport Project: For the City: John Kamm 309-397-0973 [email protected] And: Rich Brodrick 309-397-0975 [email protected] And: Dennis Barron, Director of Public Works 309-417-1039 (for calls and texts) [email protected] For Vestas: Kandy Hibbs-Davis 503-475-4297 (for calls and texts) [email protected] And: Arturus Espaillat 503-705-8976 (for calls and texts) [email protected] For ATS: Cari Woitalla 320-761-9678 [email protected] Section 10. Miscellaneous. (a) Recitals. The Recitals set forth above are hereby incorporated herein and made a part of this Agreement. (b) Severability. If any provision of this Agreement is held invalid under any applicable law, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision and, to this end, the provisions hereof are severable. (c) Entire Agreement. This Agreement contains the entire understanding of the Parties as to the matters set forth herein, and this Agreement supersedes any prior agreements or understandings by and between the Parties. 8 (d) Amendments. No amendment or modification to this Agreement or waiver of a Party’s rights hereunder shall be binding unless it shall be in writing and signed by the Party against whom enforcement is sought. (e) Breach and Remedies. Each of the Parties covenant and agree that in the event of default of any of the terms, provisions, or conditions of this Agreement by any party, which default is not cured for a period of fifteen (15) days after receipt of a written notice of default by the defaulting party, the party seeking to enforce said provisions shall thereafter have the right to seek enforcement of the party’s rights hereunder by court action. No party shall be entitled to any punitive damages or consequential damages under the Agreement of any terms of the Agreement. (f) Notices. When required under the terms of this Agreement, written notices (including invoices) shall be provided as set forth herein. Any notice shall be deemed to be sufficiently given (i) on the date, if delivered in person; (ii) five (5) days after being sent by United States registered or certified mail, postage prepaid, return receipt requested; or (iii) on the next business day if sent by overnight delivery service (Federal Express or similar) with all fees prepaid to the notified Party at its address set forth below. Notice may be sent via email to the email address provided, however, notice sent via email shall be followed by notice delivered by personal service or via registered or certified mail, return receipt requested, postage prepaid or by overnight delivery. Notices shall be addressed as follows: The City: City of East Peoria Attn: City Administrator 401 W. Washington Street East Peoria, IL 61611 Email: [email protected] And: Miller, Hall & Triggs, LLC Attn: Scott A. Brunton 416 Main Street, Suite 1125 Peoria, IL 61602 Email: [email protected] Vestas: Vestas-American Wind Technology, Inc. Attn: Kandy Hibbs-Davis and Arturus Espaillat 1417 NW Everett Street Portland, OR 97209 Email: [email protected] and [email protected] ATS: ATS Specialized Attn: Gene Lemke, VP-Projects ______St. Cloud, MN ______Email: [email protected] 9 or to such other party or address as any party hereto may from time to time designate in a written notice (including email) to the other parties. (g) Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. The Parties agree that any disputes arising out of, related to, or connected with this Agreement shall be litigated, if at all, solely in the Circuit Court for Tazewell County, Illinois. (h) Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their respective successors, assignees, and legal representatives. (i) Assignment. This Agreement may not be assigned without the written consent of the other parties and such consent shall not be unreasonably delayed, conditioned, or withheld. (j) No Waiver. Failure of any Party to this Agreement to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained shall not constitute or be construed as a waiver or relinquishment of any Party’s right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. (k) Attorney’s Fees and Costs. If any action at law or in equity is brought by any Party to enforce this Agreement, the prevailing Party shall be entitled to receive from the non- prevailing Party its reasonable attorneys’ fees and costs incurred, in addition to any other relief to which the prevailing Party may be entitled. (The remainder of this page intentionally left blank) 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF EAST PEORIA, ILLINOIS VESTAS By: ______By: ______Name: David W. Mingus Name: Title: Mayor Title: ATTEST: By: ______Morgan Cadwalader, City Clerk Solely for purposes of invoicing and payment of invoices pursuant to Section 5(f): ATS Specialized, INC. By: ______Name: Gene Lemke Title: VP, Projects 11 EXHIBIT A MAP OF TRANSPORT ROUTE 13 CITY ADMINISTRATOR’S OFFICE 401 W. WASHINGTON ST. EAST PEORIA, ILLINOIS 61611 PHONE: (309) 698-4750 JEFFERY A. EDER CITY ADMINISTRATOR TO: The Honorable Mayor and City Council FROM: Jeffery A. Eder DATE: May 31, 2018 SUBJECT: TC3 Lease The effort to move the state mandated consolidations dispatch forward, Tazewell County Consolidated Communications (TC3) was formed. TC3 will officially take over dispatching operations on July 1. As part of the process, TC3 needs to lease the City of East Peoria dispatch for a period of about a year until new space is completed in Morton. The lease is month to month for $750 per month. The lease covers the space, equipment, furniture, and other items necessary for the operations of a 911 dispatch center. Recommendation: Approval of the lease agreement with TC3. “EAST PEORIA-HOME OF THE FESTIVAL OF LIGHTS” RESOLUTION NO. 1819-022 East Peoria, Illinois ______, 2018 RESOLUTION BY COMMISSIONER WHEREAS, on September 28, 2017, the City of East Peoria adopted a resolution to enter into an Intergovernmental Agreement, along with the City of Pekin, the City of Washington, the Village of Morton, Tazewell County, the Tazewell County Sheriff’s Office, and the Tazewell County Emergency Telephone Systems Board in order to meet and comply with the Consolidation Mandate created by Public Act 99-0006 for the county-wide consolidation of emergency 911 dispatch services; and WHEREAS, this Intergovernmental Agreement established Tazewell County Consolidated Communications (TC3) for the purpose of managing the process of the consolidation of all emergency 911 dispatch services in Tazewell County; and WHEREAS, the Parties to Intergovernmental Agreement have determined that it is both necessary in order to comply with Public Act 99-0006 and in the best interest of each party to this Intergovernmental Agreement, as well as the public health, safety, and welfare of persons and property within the boundaries of each Party, that TC3 have sufficient facilities to house emergency 911 dispatching operations; and WHEREAS, TC3 will officially take over all the emergency 911 dispatching operations in Tazewell County on July 1, 2018; and WHEREAS, TC3 needs to lease the portion of the East Peoria Police Department facilities that are currently used by the City for emergency 911 dispatch communications (including space, equipment, furniture, and other items necessary for the operations of the 911 dispatch center) on a month-to-month basis until new space is completed in Morton for the TC3 consolidated dispatch center; and WHEREAS, TC3 and the City have negotiated a lease for this portion of the East Peoria Police Department facilities at a rate of $750.00 per month to be paid to the City, which Lease Agreement is attached hereto as Exhibit A and incorporated by reference (the “Lease”); and WHEREAS, it is in the best interests of the City to enter into the proposed Lease with TC3 of the portion of the East Peoria Police Department that is currently used for emergency 911 dispatch communications; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the proposed Lease (Exhibit A) for the portion of the East Peoria Police Department facilities that are currently used for emergency 911 dispatch communications is hereby approved, and the City Administrator or his designee is hereby authorized and directed to execute the Lease at a rate of $750.00 per month; provided, however, that the City shall have no obligation under the terms of this Resolution until executed originals of the Lease have been delivered to TC3. APPROVED: ______Mayor ATTEST: ______City Clerk 2 LEASE AGREEMENT FOR THE LEASE OF CERTAIN PORTIONS OF THE CITY OF EAST PEORIA POLICE DEPARTMENT THIS LEASE AGREEMENT FOR THE LEASE OF CERTAIN PORTIONS OF THE CITY OF EAST PEORIA POLICE DEPARTMENT (the "Lease") is made and entered into this _____ day of June, 2018, between TAZEWELL COUNTY CONSOLIDATED COMMUNICATIONS (hereinafter referred to as “TC3”), and the CITY OF EAST PEORIA an Illinois municipal corporation (hereinafter referred to as “City”) (collectively referred to herein as the “Parties”). WITNESSETH: 1. Leased Premises. The City hereby leases to TC3 a certain portion of the real estate commonly known as the East Peoria Police Department located at 201 W. Washington Street, East Peoria, IL 61611. The portion of the real estate to be leased shall consist of that area of the Police Department currently used for 911 emergency dispatch communications (the “Leased Premises”). The Leased Premises shall also include non-exclusive use of (A) the parking areas for the Police Department (excluding any marked parking areas that are designated for the exclusive use of the City), and (B) the entryway and all hallway areas in the Police Department necessary for providing reasonable access to the area of the Police Department currently used for 911 emergency dispatch communications, including access to and use of all restrooms, break room/kitchen areas, and storage areas currently used by City telecommunicators. 2. Term. The City leases the Leased Premises to TC3 on a month-to-month basis beginning on or about July 1, 2018. 3. Rental Fee. TC3 agrees to pay the City rent in the amount of _$750.00__ per month, payable in advance of the first day of each and every month. The rental fee shall also cover the costs of all utility services currently being utilized for the benefit of the Leased Premises, expressly including the cost of all technology and communication services currently used by the City telecommunicators for the provision of 911 dispatch services. 4. Termination. This Lease may be terminated by either Party effective on the last day of any month. In order for such termination to take effect, the other party must receive written notice of non-renewal as soon as is reasonable practicable and in no event later than 30 days prior to the last day of that month. This Lease may be otherwise terminated by mutual written agreement of the Parties. 5. Furniture, Fixtures & Equipment. During the course of the Lease, TC3 shall be entitled to use of all of the equipment, furniture, computers, technology and communication devices, phones, office supplies, and other items reasonably necessary for the operation of a 911 dispatch center as are currently in use by the City for its provision of 911 dispatch services. The City agrees to provide all utility services to TC3 as are currently being utilized for the benefit of the Leased Premises, expressly including the use of all technology and communication services currently used by the City telecommunicators for the provision of 911 dispatch services (including but not limited to all phone lines, internet access, software, computer terminals and consoles and all related equipment and services). 6. Use of Leased Premises. TC3 shall use the Leased Premises for the sole purpose of operating a 911 dispatch center. 7. Nonexclusive Possession to the Leased Premises. As provided in this Lease, TC3 shall have the right to use the Leased Premises. The City shall have the right to enter the Leased Premises at all times to make inspection and perform maintenance. 8. Maintenance by City. The City shall be responsible for the routine care and maintenance of the Leased Premises, including normal and reasonable cleaning and the removal of all trash, litter, and waste from the Leased Premises. 9. TC3’s Covenants with Respect to Occupancy. During the term of this Lease, TC3 shall at all times: (a) Occupy the Leased Premises in a safe and careful manner, without committing or permitting waste and in compliance with all laws, regulations and orders of all governmental bodies having jurisdiction over the Leased Premises. (b) Keep the Leased Premises in a clean and orderly condition and maintained in good condition and repair. (c) Give immediate notice to the City in the event of a fire, casualty or accident in the Leased Premises. 10. Subletting and Assignment Prohibited. TC3 shall not sublet the Leased Premises, nor shall it assign this Lease or any right hereunder, without the express written consent of the City. 11. Indemnification and Insurance. TC3 shall indemnify, defend and hold the City harmless from any causes of actions, claims, damages, losses, personal injury or death arising out of any error or omission by TC3 or its employees, agents, or representatives concerning the use of the Leased Premises. The City shall indemnify, defend and hold TC3 harmless from any causes of actions, claims, damages, losses, personal injury or death arising out of any error or omission by the City or its employees, agents, or representatives concerning the use of the Leased Premises. TC3’s insurance coverage shall also provide coverage for any areas that TC3 uses under the Lease. TC3 shall obtain at its expense, general liability insurance reasonably acceptable to the City, which such policy shall name the City as an additional insured against liability for any injury to property or persons arising out of the use of the Leased Premises. TC3 will, if requested, provide the City with a copy of such insurance policy as evidence of coverage. The City shall also list TC3 as an additional insured on the City’s policy with relation to TC3’s use of the Leased Premises and adjacent grounds. 12. Amendment of Lease. This Lease may be amended with the mutual written consent of the parties. 13. Notices. Any notice or consent required or desired to be given by or on behalf of either party to the other shall be deemed given when delivered in person, by email, or deposited in the U.S. mail by registered or certified mail, return receipt requested, at the following address: 2 To TC3: TC3 Attn: Erin Morey [email protected] 101 S. Capitol Street Pekin, IL 61554 With a copy to: TC3 Attn: Johnny Platt ______1130 Koch St. Pekin, IL 61554 To City of East Peoria: City of East Peoria Attn: ______ 14. Entire Lease Agreement. This Lease contains all of the terms agreed upon by the Parties with respect to the subject matter of this agreement and supersedes all prior agreements, arrangements and communications between the Parties concerning such subject matter, whether oral or written. 15. Authority. Each party represents and warrants to the other that the representatives who execute this contract have full authority under the law to bind their principals and that this contract has been approved as provided by law. 16. Governing Law. The laws of the State of Illinois shall govern this Lease. 17. Waiver. The waiver by any Party of any breach of this Lease, whether in a single instance or repeatedly, shall not be construed as a waiver of rights under this Lease. Any waiver shall not constitute a waiver by such Party to strictly adhere to this Lease nor as a waiver of any claim for damages or other remedy by reason of any such breach. EXECUTED on the ______day of ______, 2018, in duplicate originals. TAZEWELL COUNTY CONSOLIDATED CITY OF EAST PEORIA, a municipal COMMUNICATIONS corporation BY: ______BY: ______Board Chairman Mayor ATTEST: ______ATTEST: ______Board Secretary Clerk 3 EAST PEORIA FIRE DEPARTMENT 201 W. Washington Street East Peoria, IL 61611 Phone: (309) 427-7671 John Knapp Fire Chief To: The Honorable Mayor and the City Council Thru: Jeff Eder, City Administrator From: Fire Chief John Knapp Date: May 31, 2018 Subject: Lifepak 12 Failed its service testing and is no longer in service DISCUSSION: The life expectancy of LifePak Monitors is 10 years. As of 2018, we will have (2) monitors that are 11 years old. In 2019, we will have another (3) that will reach the end of their useful life and (4) more in 2021. We need to set a goal of purchasing one monitor per year for the next several years or we are going to end up needing to purchase multiple monitors at one time. We have the following issues right now with our monitors: • We have been having continued problems with the monitor on Paramedic 3 and it is again in for service. • The LifePak from E5 failed its testing and is no longer in service, no parts are available due to the age of the unit therefore it cannot be repaired. As part of the OSF/Premier purchasing group, our quote for a new Lifepak 15 with special pricing is $27,826. RECOMMENDATION: I recommend that the city council purchase this Lifepak 15 monitor with the appropriated funds from line item 04-00-0-160. Thank you, John Knapp Fire Chief ADS/jap RESOLUTION NO. 1819-024 East Peoria, Illinois ______, 2018 RESOLUTION BY COMMISSIONER WHEREAS, the City is in need of a new LifePak 15 Monitor for the Fire Department; and WHEREAS, the City has received a proposal for a LifePak 15 Monitor (the “new LifePak Monitor”) from Physio-Control Inc. at a cost of $27,826.63; and WHEREAS, the City hereby finds that it is in the best interest of the City to accept this proposal from Physio-Control Inc. for the purchase of the new LifePak Monitor; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his designee is hereby authorized and directed to accept the proposal from Physio-Control Inc., as set forth in the proposal attached hereto as "Exhibit A" at a total cost of $27,826.63, together with such modifications 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 accepted proposal is delivered to Physio- Control Inc. APPROVED: ______ATTEST: Mayor ______City Clerk Physio-Control, Inc 11811 Willows Road NE P.O. Box 97006 Redmond, WA 98073-9706 U.S.A. www.physio-control.com tel 800.442.1142 Sales Order fax 800.732.0956 Service Plan fax 800.772.3340 To EAST PEORIA FD Quote Number 00128155 Attn: Ryan Beck Revision # 1 HIGHWAY 8 EAST PEORIA,IL 61611 Created Date 5/31/2018 (309) 427-7672 Sales Consultant Steven Schmidt [email protected] 847-636-0802 [email protected] FOB Redmond, WA Terms All quotes subject to credit approval and the following terms and conditions NET Terms NET 30 S00861 Contract Premier C-A1 PP-CA-269 Expiration Date 8/29/2018 Unit Unit Total Product Product Description Quantity List Price Sales Discount Price Price 11140-000015 AC power cord 1.00 83.00 -19.29 63.71 63.71 11140-000072 LP15 AC Power Adapter (power cord not included) 1.00 1,720.00 -382.83 1,337.17 1,337.17 11140-000080 Extension Cable (5ft 3 in) 1.00 310.00 -69.74 240.26 240.26 11171-000042 M-LNCS Neo, Neonatal/Adult Adhesive Sensor, 18-inch, 20/box 1.00 441.00 -79.38 361.62 361.62 11171-000046 M-LNCS DCI, Adult Reusable Sensor, 1/box 1.00 301.00 -54.18 246.82 246.82 11220-000028 Carry case top pouch for use w/LIFEPAK 12 or LIFEPAK 15 1.00 59.00 -14.23 44.77 44.77 11260-000039 LIFEPAK 15 Carry case back pouch 1.00 84.00 -19.05 64.95 64.95 LIFEPAK 15 Basic carry case w/right & left pouches; shoulder strap 11577-000002 (11577-000001) included at no additional charge when case ordered 1.00 327.00 -73.45 253.55 253.55 with a LIFEPAK 15 device 11996-000081 FilterLine Set Adult/Pediatric (box of 25) 1.00 286.00 -51.81 234.19 234.19 11996-000162 SmartCapnoLine Plus - Adult/Intermediate patients >44lbs (box of 25) 1.00 322.00 -79.51 242.49 242.49 21330-001176 LP 15 Lithium-ion Battery 5.7 amp hrs 3.00 479.00 -107.05 371.95 1,115.85 LIFEPAK 15 V4 Monitor/Defib, Adaptive Biphasic, Manual & AED, Color LCD, 100mm Printer, Noninvasive Pacing, Metronome, Trending, SpO2, NIBP, 12-Lead ECG, EtCO2, Bluetooth INCLUDED AT NO CHARGE: 2 PAIR QUIK-COMBO ELECTRODES 99577-001955 1.00 32,125.00 -8,503.75 23,621.25 23,621.25 PER UNIT - 11996-000091, TEST LOAD - 21330-001365, IN-SERVICE DVD - 21330-001486, SERVICE MANUAL CD- 26500-003612 (one per order) and ShipKit- (RC Cable) 41577-000284. HARD PADDLES, BATTERIES AND CARRYING CASE NOT INCLUDED. Quote Number: 00128155 Subtotal USD 27,826.63 Estimated Tax USD 0.00 Estimated Shipping & Handling USD 0.00 Current Sales Tax Rates will be applied at the time of Invoice and tax rate is based on the Ship To location ______Grand Total USD 27,826.63 Pricing Summary Totals List Price Total USD 37,495.00 Total Contract Discounts Amount USD -5,547.63 Total Discount USD -4,120.74 Trade In Discounts USD 0.00 Tax + S&H USD 0.00 GRAND TOTAL FOR THIS QUOTE USD 27,826.63 Quote Number: 00128155 To update any customer information, please complete form at www.physio-control.com/account/ Reference Number DX/02650903/168481 Quote Number: 00128155 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 JUNE 5, 2018 6:00 P.M. DATE: JUNE 5, 2018 MAYOR MINGUS TIME: 6:00 P.M. COMMISSIONER DENSBERGER CALL TO ORDER: COMMISSIONER DECKER ROLL CALL: COMMISSIONER JEFFERS COMMISSIONER KAHL INVOCATION: PLEDGE TO THE FLAG: APPROVAL OF MINUTES: Motion to approve the minutes of the Regular Meeting and Special Meeting for a Working Session held on May 15, 2018. COMMUNICATIONS: Proclamation by Mayor Mingus proclaiming June 14, 2018 as “Flag Day” and June 10-16, 2018 as “National Flag Week.” PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS: 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. Item No. 1 – Adoption of Resolution No. 1819-017 – Resolution to Approve Payment of the Schedule of Bills No. 2 in the amount of $2,768,690.88. Item No. 2 – Adoption of Ordinance No. 4390 on its Second Reading – (AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 OF THE CITY OF EAST PEORIA CITY CODE PERTAINING TO LIQUOR CONTROL REGULATIONS AND ADDING A CLASS OF LIQUOR LICENSE RELATED TO ART STUDIOS). Item No. 3 – Adoption of Ordinance No. 4391 on its Second Reading - (AN ORDINANCE PROVIDING FOR THE SALE OF EXCESS CITY PROPERTY AT 123 BERRY STREET). Item No. 4 – Adoption of Ordinance No. 4392 on its Second Reading – (AN ORDINANCE PROVIDING FOR THE VACATION OF THE JOOS STREET RIGHT-OF-WAY). Item No. 5 – Adoption of Resolution No. 1819-008 on its Second Reading – Resolution approving Laserfiche Software Licensing Renewal for the City with R&D Computer Systems, LLC in the amount of $12,622.70. Item No. 6 – Adoption of Resolution No. 1819-012 on its Second Reading – Resolution approving repairs of Elmhurst Drive by American Asphalt Surface Recycling, Inc.; Porter Brothers; and American Road Maintenance and approving an Engineering Agreement with Patrick Meyer & Associates related to the repairs. Item No. 7 – Adoption of Resolution No. 1819-010 on its Second Reading – Resolution authorizing the purchase of a new 2019 Ford F250 3/4-Ton Service Truck for the Water Department from Uftring Ford in the amount of $33,777. Item No. 8 – Adoption of Resolution No. 1819-009 on its Second Reading – Resolution authorizing and directing the payment of an Invoice to ImageTrend, Inc. for the software licensing services for Fiscal Year 2018-2019 for running and administering many operational aspects of the Fire Department in the amount of $12,148.85. ITEMS REMOVED FROM CONSENT AGENDA: COMMISSIONER DENSBERGER: Approval of Ordinance No. 4398 - (AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE CONDITIONS IMPOSED ON THE SPECIAL USE GRANTED WITH RESPECT TO 4200 E. WASHINGTON STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS). – (to expand outdoor storage & display). To be laid on the table for no less than one week for public inspection. Approval of Ordinance No. 4399 - (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 250 S. MAIN STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS). – (to allow for an automated ice kiosk). To be laid on the table for no less than one week for public inspection. 1 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. Adoption of Ordinance No. 4395 - (AN ORDINANCE ADDING NEW CHPATER 16.1 TO TITLE 4 OF THE EAST PEORIA CITY CODE REGARDING THE REGULATION OF SMALL WIRELESS FACILITIES WITHIN THE PUBLIC RIGHT OF WAY). Adoption of Ordinance No. 4396 - (AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 2 OF THE EAST PEORIA CITY CODE REGULATING SUBDIVISIONS REGARDING SMALL WIRELESS FACILITIES IN THE RIGHT-OF-WAY). Adoption of Ordinance No. 4397 - (AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 OF THE EAST PEORIA CITY CODE REGULATING POLES, WIRES AND CONDUCTORS). Adoption of Ordinance No. 4393 - (AN ORDINANCE AMENDING THE PLAN FOR THE EAST PEORIA DOWNTOWN OVERLAY DISTRICT). Adoption of Ordinance No. 4394 - (AN ORDINANCE AMENDING THE PLAN FOR THE EAST PEORIA FOUR CORNERS OVERLAY DISTRICT). Approval of Ordinance No. 4344 - (AN ORDINANCE AMENDING TITLE 5, CHAPTER 4, SECTION 9 OF THE EAST PEORIA CITY CODE PERTAINING TO THE USE AND PLACEMENT OF STORAGE UNITS AND DUMPSTERS). To be laid on the table for no less than one week for public inspection. Approval of Ordinance No. 4387 - (AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 2 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF ALLOWING WINERIES AS A SPECIAL USE IN THE C, CONSERVATION AND RESIDENTIAL ESTATE DISTRICT). To be laid on the table for no less than one week for public inspection. Approval of Resolution No. 1819-021 - Resolution approving a contribution of $12,000 for UnityPoint Red White & Boom July 4th Fireworks. To be laid on the table for no less than one week for public inspection. Approval of Resolution No. 1819-020 - Resolution to approve Contract for Actuarial Services for Police and Fire Pension Funds with The Nyhart Group. To be laid on the table for no less than one week for public inspection. Approval of Resolution No. 1819-025 - Resolution accepting Lowest Responsible Bidder for Yard Maintenance Contract to Jimax Landscaping LLC. To be laid on the table for no less than one week for public inspection. Approval of Resolution No. 1819-018 - Resolution accepting low bid for EastSide Drive Lighting Replacement Project from Kirby Risk Company dba Kirby Risk Electrical Supply in the amount of $10,650. To be laid on the table for no less than one week for public inspection. Approval of Resolution No. 1819-023 - Resolution Authorizing the Selling Process for City-Owned Surplus Real Estate at 345 Edmund Street in East Peoria. To be laid on the table for no less than one week for public inspection. COMMISSIONER DECKER: COMMISSIONER JEFFERS: Approval of Resolution No. 1819-019 - Resolution Ascertaining the Prevailing Rate of Wage for Laborers, Workmen and Mechanics Employed on Public Works in the City of East Peoria, Illinois. To be laid on the table for no less than one week for public inspection. Approval of Resolution No. 1819-016 - Resolution authorizing the repair of drainage at or near 311 Pekin Avenue in the City by Koenig Trucking and Excavating, LLC in the amount of $17,770. To be laid on the table for no less than one week for public inspection. Adoption of Resolution No. 1819-026 - Resolution Approving Agreement with Vestas – American Wind Technology Inc. for Transport of Wind Turbine Components on City Streets. Approval of Resolution No. 1819-022 - Resolution authorizing the lease of space at the City of East Peoria Police Department for 911 Dispatch Activities by TC3. To be laid on the table for no less than one week for public inspection. COMMISSIONER KAHL: Approval of Resolution No. 1819-024 - Resolution authorizing the purchase of a new LifePak 15 Monitor for the Fire Department from Physio-Control Inc. in the amount of $27,826.63. To be laid on the table for no less than one week for public inspection. MAYOR MINGUS: PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS: 2 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. COMMENTS FROM COUNCIL: COMMISSIONER DECKER: COMMISSIONER DENSBERGER: COMMISSIONER JEFFERS: COMMISSIONER KAHL: MAYOR MINGUS: MOTION FOR EXECUTIVE SESSION/CLOSED MEETING: MOTION TO ADJOURN: /s/ Morgan R. Cadwalader City Clerk, Morgan R. Cadwalader Dated and Posted: June 1, 2018 3 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.