08.06.2013 Agenda Packet

Transcription

AGENDA
REGULAR MEETING OF THE CITY COUNCIL
CITY OF EAST PEORIA, 100 SOUTH MAIN STREET, EAST PEORIA, ILLINOIS
AUGUST 6, 2013
DATE: AUGUST 6, 2013
TIME: 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
MAYOR MINGUS
COMMISSIONER DENSBERGER
COMMISSIONER DECKER
COMMISSIONER JEFFERS
COMMISSIONER JOOS
INVOCATION:
PLEDGE TO THE FLAG:
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Meeting and Closed Meeting held on July 30, 2013.
COMMUNICATIONS:
Proclamation by Mayor Mingus proclaiming August 2013 as “Duck Race Month” for The Center of Prevention and
Abuse.
COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS:
COMMISSIONER DENSBERGER:
Resolution No. 1314-027 – Resolution to approve the payment of bills listed on Schedule No. 6.
Second Reading of Resolution No. 1314-024 – Resolution to approve an Amendment to Agreement for Purchase and Sale
of Real Property between the City of East Peoria and WCT Properties, Inc.
Resolution No. 1314-028 – Resolution to approve a preliminary application for a planned development proposed to be
located at 2466 Washington Road.
Resolution No. 1314-031 – Resolution accepting low bid for the Monument Sign and Archway Project in New EP
Downtown (The Levee District).
To be laid on the table for no less than one week for public inspection.
COMMISSIONER DECKER:
Resolution No. 1314-029 – Resolution to accept public improvements related to the extension of Cimmeron Drive from
east boundary of Pinecrest Villas Subdivision.
COMMISSIONER JEFFERS:
Resolution No. 1314-030 - Resolution to authorize the acquisition of a 2013 Backhoe Loader and accessories from
Altorfer Cat for the Water Department.
To be laid on the table for no less than one week for public inspection.
COMMISSIONER JOOS:
MAYOR MINGUS:
COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS.
COMMENTS FROM COUNCIL:
COMMISSIONER DECKER:
COMMISSIONER DENSBERGER:
COMMISSIONER JEFFERS:
COMMISSIONER JOOS:
MAYOR MINGUS:
MOTION FOR CLOSED MEETING:
MOTION TO ADJOURN:
/s/ Morgan R. Cadwalader
City Clerk, Morgan R. Cadwalader
Dated and Posted: August 2, 2013
MINUTES
ARNOLD BUILDING
100 S. MAIN STREET, EAST PEORIA, ILLINOIS
JULY 30, 2013
The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor
David Mingus at 6:02 P.M.
Upon the roll being called the following answered present: Mayor David Mingus, Commissioner Daniel Decker,
Commissioner Gary Densberger, Commissioner Timothy Jeffers and Commissioner Benjamin C. Joos.
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 Joos, seconded by Commissioner Decker; Mr. Mayor, I move that the minutes of the
Working Session, Regular Meeting and Closed Meeting of the City held on July 16, 2013 be approved as printed.
Yeas: Commissioner Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried.
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, state their name, address and the matter or matters to be discussed. There was no response.
Resolution No. 1314-026 by Commissioner Densberger, seconded by Commissioner Joos; BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1314-026 hereto attached, a
Resolution regarding Dedication of Riverfront Park, be hereby approved, and that this Resolution No. 1314-026
having been read once by its title and having laid on the table for no less than one week for public inspection, be
adopted as presented.
Commissioner Densberger explained that the resolution deals with the expansion of Riverfront Park.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried and Resolution No. 1314-026 be duly adopted as presented.
Resolution No. 1314-024 by Commissioner Densberger, seconded by Commissioner Decker; BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1314-024, hereto attached, a
Resolution to approve an Amendment to Agreement for Purchase and Sale of Real Property between the City of East
Peoria and WCT Properties, Inc., be approved, and that this Resolution No. 1314-024 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 explained that the resolution amends the agreement with Mr. Torchia. The agreement
provides for an allowance for a drive-up to be placed along West Washington Street and allows for development in
two phases.
City Attorney, Dennis Triggs, explained that the City still has broad discretion for quality of building, site layout, end
users, and others.
Commissioner Densberger explained that members of the design review committee met with Mr. Torchia and reached
a workable agreement with Mr. Torchia.
Commissioner Joos explained that he found that Mr. Torchia is a fine man; however, he does not like the amendment
to the agreement. He explained that the amendment is not what he envisioned for the original agreement. He explained
that the sale price is not changing. He will respectfully vote no but he is not negative on the development. He believes
that it does not fit his vision for the property.
Page 2
Commissioner Decker explained that he voting in favor tonight but he has a question that he wants answered before
the next meeting.
Commissioner Jeffers explained that he believes that as development comes along, Council made original provisions,
this is a good compromise for a use of the property. He discussed the potential layout of the drive-up restaurant and
explained that it is a different property than what is by the Library and shared space. These things help him to say yes
to the property use. He discussed the size of the land purchased and payments for infrastructure.
Commissioner Decker discussed the lessened amount of square footage that the developer has to build.
City Attorney Triggs explained that he is not sure if it is a lesser amount of square footage, because a site plan has not
been received yet. He discussed that the site plan could be under the concentration but it is within Council’s discretion
and a trade off with landscaping and amenities that the Council wants. He explained that Phase II is likely to have
more concentration.
Mayor Mingus explained that it is not what he envisioned. He explained that the end user is Chick-fil-A and the
community sentiment sways his opinion. He explained that complexion of the property has changed from what was
envisioned.
Commissioner Densberger explained that the drive-up is not what he envisioned; however, he explained there is a
need for more property to be developed quicker for the entire Levee District.
Yeas: Commissioners Decker, Densberger, Jeffers and Mayor Mingus.
Nays: Commissioner Joos.
Resolution No. 1314-025 by Commissioner Decker, seconded by Commissioner Densberger; BE IT RESOLVED BY
Resolution approving Contract for Levee Shoring during April 2013 Flood Event, be hereby approved, and that this
Resolution No. 1314-025 having been read once by its title and having laid on the table for no less than one week for
public inspection, be adopted as presented.
Nays: None.
Motion by Commissioner Decker, seconded by Commissioner Jeffers; Mr. Mayor, I move you that Ordinance No.
4122 hereto attached, (AN ORDINANCE AUTHORIZING THE SALE OF SIGN POSTS OWNED BY THE CITY
OF EAST PEORIA WHICH EQUIPMENT AND MATERIALS ARE NO LONGER NECESSARY OR USEFUL
TO THE CITY) be read at length by the Clerk, and that said Ordinance No. 4122 be accepted on its first reading,
and be hereby adopted as presented.
Commissioner Decker explained that signs were changed per state law to ensure they complied with the correct size,
height, and reflection.
Nays: None.
Mayor Mingus declared the motion carried and Ordinance No. 4122 to be duly adopted as presented.
Motion by Commissioner Jeffers, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance No.
4121, hereto attached, (AN ORDINANCE AUTHORIZING A LOAN FROM MORTON COMMUNITY BANK
RELATED TO THE PURCHASE AND INSTALLATION OF AUTO-READ WATER METERS) having been read
once by its title and having been laid on the table for no less than one week for public inspection, be adopted as
presented.
Commissioner Jeffers explained that the loan will be paid back from the water department, and because of positive
cash flow in water department, the City can pay the loan in ten years instead of twenty years.
Page 3
Nays: None
Mayor Mingus declared the motion carried and Ordinance No. 4121 be adopted as presented.
4118, hereto attached, (AN ORDINANCE UPDATING CITY OF EAST PEORIA LIQUOR CODE (TITLE 3,
CHAPTER 3 OF THE EAST PEORIA CITY CODE)) having been read once by its title and having been laid on the
table for no less than one week for public inspection, be adopted as presented.
Mayor Mingusand Commissioner discussed the thanks received from businesses and sensitivity to church hours.
Commissioner Joos explained that part of the ordinance eases the process for outdoor sales and consumption permit
which he supports. However, he is not particularly in favor of the 10:00 am hours, and he likes the tradition of the
noon alcohol sales.
Yeas: Commissioners Decker, Densberger, Jeffers and Mayor Mingus.
Nays: Commissioner Joos.
Mayor Mingus declared the motion carried and Ordinance No. 4118 be adopted as presented.
4123 hereto attached, (AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 OF THE EAST PEORIA CITY
CODE TO CHANGE THE NUMBER OF CLASS D LIQUOR LICENSES AUTHORIZED TO BE ISSUED
WITHIN THE CORPORATE LIMITS OF THE CITY) be read at length by the Clerk, and that said Ordinance No.
4123 be accepted on its first reading, and be hereby adopted as presented.
Nays: None.
Mayor Mingus declared the motion carried and Ordinance No. 4123 to be duly adopted as presented.
Resolution No. 1314-020 by Commissioner Joos, seconded by Commissioner Densberger; BE IT RESOLVED BY
Resolution to approve an agreement between the City of East Peoria Police Department and the East Peoria High
School District 309 for School Resource Officer (SRO) Services, be hereby approved, and that this Resolution No.
1314-020 having been read once by its title and having laid on the table for no less than one week for public inspection,
be adopted as presented.
Commissioner Joos explained that this formalizes an agreement between the City and the school with the school
paying for two-thirds and the City paying for one-third of the salary.
Commissioner Densberger explained that this agreement is not in response to a threat or event that has taken place.
Nays: None.
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 their name, address and the matter or matters to be discussed. There was no response.
Mayor Mingus then asked for comments from Council.
Commissioner Decker discussed the St. Jude Memphis to Peoria run, and he explained that his daughter’s lemonade
stand was able to raise a little over $2,000.00. He mentioned the losses of longtime East Peoria Commissioner
Harold Fogelmark and longtime Peoria City Councilmember Gary Sandberg. He discussed the NSA World Series
Tournament. Dan Cunningham thanked the Chief and Fire Department.
Page 4
Motion by Commissioner Decker, seconded by Commissioner Densberger, Mr. Mayor, I move that a meeting or
session of the city council be held at the conclusion of this regular meeting to discuss the following matter or matters
according to exceptions provided in the “Open Meetings Act” and specified as follows:
Section 2(c)(1) – Employment, appointment or dismissal of an employee.
Section 2(c)(2) – Collective negotiating matters.
Section 2(c)(6) – The setting of a price for a sale or lease of property.
Yeas: Commissioners Densberger, Decker, Jeffers, Joos and Mayor Mingus.
Nays: None
Commissioner Densberger discussed the NSA World Series softball tournament. He discussed its regional impact.
Commissioner Jeffers discussed Harold Fogelmark’s record as a commissioner.
Commissioner Joos discussed the regional impact of the NSA World Series softball tournament. He asked a
question regarding survey work on Neumann Lane.
Commissioner Densberger explained that the work is preliminary and fact finding, and he explained that any
comments are welcomed. He explained that there is no plan to make the street a through street, and the work is all
investigative.
Motion by Commissioner Jeffers, seconded by Commissioner Deck; Mr. Mayor, I move you that we adjourn until
Tuesday evening, August 6, 2013 at 6:00 P.M.
Nays: None
Mayor Mingus declared the motion carried and the meeting adjourned at 6:41 P.M.
_/s/ Morgan R. Cadwalader________
City Clerk Morgan R. Cadwalader
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WHEREAS, one out of four women will be abused or assaulted in her lifetime, one out of 13 seniors will
be abused, neglected or exploited in his or her lifetime, one out of three girls and one out of five boys
will be abused before their 18th birthday, one out of three students will witness or experience bullying;
and
WHEREAS, the Center for Prevention of Abuse has served residents of East Peoria since 1976 providing
safety and support to victims of domestic violence, sexual assault and elder abuse; and
WHEREAS, in the fiscal year just ending( July 1, 2012-June, 2013), 233 East Peoria residents received
services from The Center; and
WHEREAS, the Center maintains a site in East Peoria which houses its Family Violence Intervention
Program; and
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WHEREAS, the Center has provided prevention education to East Peoria students of all ages since 1984,
focusing on body safety, conflict resolution, anti-bullying and building healthy relationships; and
WHEREAS, the annual Duck Race is the major fundraiser for The Center for Prevention of Abuse and is
celebrating its 25th anniversary on August 24, 2013,
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Now, therefore, I, David W. Mingus, Mayor of the City of East Peoria, Illinois, do hereby proclaim August,
2013, as DUCK RACE MONTH in East Peoria, Illinois, and invite all residents to support the 25th Annual
Duck Race in order to maintain the needed services and programming of The Center for Prevention of
Abuse.
in Witness Whereof, I have hereunto set my hand and caused the Great Seal of the City of East Peoria to
be affixed this 6th day of August, 2013.
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RESOLUTION NO.
1314-027
August 6, 2013
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.
6
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
$3,602,615.69
AND THE SCHEDULE OF BILLS BE HEREBY ADOPTED AS PRESENTED.
MAYOR
DATE: 08/02/13
TIME: 15:51:23
ID:
AP443000.CEP
CITY OF EAST PEORIA
SCHEDULE OF BILLS PAYABLE
PAGE:
25
FINAL TOTALS
INVOICES DUE ON/BEFORE 07/31/2013
-----------------------------------------------------------------------------------------------------------------------------------GENERAL CORPORATE FUND
596,009.19
POLICE PROTECTION FUND
25,150.99
FIRE PROTECTION FUND
91,775.86
SOLID WASTE
32,773.30
FIRE PENSION FUND
487,310.80
POLICE PENSION FUND
497,282.02
STREET & BRIDGE FUND
27,102.57
STREET LIGHTING FUND
122.56
UNEMPLOYMENT INSURANCE
4,449.00
EASTSIDE CENTRE
36,921.98
HOTEL-MOTEL TAX
14,385.39
AMBULANCE FUND
5,011.99
CAMP STREET TIF
7,073.69
W. WASHINGTON ST TIF
WATER & SEWER
RIVERBOAT GAMING TAX FUND
228,979.98
73,749.79
842,074.38
PAYROLL HOLDING ACCTS
632,442.20
----------------
GRAND TOTAL
3,602,615.69
================
Resolution No. 1314-024
MEMORANDUM
July 26, 2013
TO:
Mayor David W. Mingus and Members of the City Council
THRU: Tom Brimberry, City Administrator
FROM: City Attorney’s Office (Dennis R. Triggs)
SUBJECT:
WCT Properties, Inc.
______________________________________________________________________
DISCUSSION:
The attached First Amendment to Agreement for Purchase and Sale of Real
Property amends the original agreement entered into by the City and WCT
PROPERTIES, INC. dated April 30, 2013. The original agreement set forth the general
terms under which the City would convey certain property in the Levee District to the
Developer. The amendment sets forth more specifically the terms under which the
Developer will purchase approximately 4.9 acres of said property owned by the City and
lying in the northeast corner of the intersection of Altorfer and West Washington Street.
Key provisions of the amendment are as follows:
1. A portion of the site shall be resold to Chick-fil-A for construction of a restaurant
conforming to the company’s newest prototype.
2. The City shall have the right to repurchase any portion of the site that is not
developed within prescribed time limits.
3. The quality and design of any building must meet strict standards established by
the City.
4. The quality and design of landscaping must meet strict standards established by
the City, including berming along West Washington Street and Altorfer, sidewalks
to provide for pedestrian traffic and interconnectivity and other features deemed
necessary by the City to enhance the attractiveness of the Levee District.
5. The selling price is $7.00 per square foot.
6. The Developer shall contribute $486,000 toward the cost of infrastructure work.
RECOMMENDATION:
Approval
RESOLUTION NO. 1314-024
East Peoria, Illinois
, 2013
RESOLUTION BY COMMISSIONER _______________________________
RESOLUTION APPROVING FIRST AMENDMENT TO
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
WHEREAS, the City of East Peoria has undertaken a redevelopment project now
known as the Levee District and located on the brownfield that was formerly the site of
the original Caterpillar manufacturing operation; and
WHEREAS, the City and WCT Properties, Inc. entered into an Agreement for
Purchase and Sale of Real Property dated April 30, 2013, pertaining to the transfer of
property within the Levee District; and
WHEREAS, WCT Properties, Inc. has secured certain end-users for portions of
said property and is prepared to close on the purchase of portions of said property; and
WHEREAS, the City Council hereby finds that the First Amendment to
Agreement for Purchase and sale of Real Property, attached hereto as Exhibit A, is in
the best interests of the City and is consistent with the further redevelopment of the
Levee District;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. The above recitations are found to be true and correct, and that
approval of the First Amendment to Agreement for Purchase of Sale of Real Property
with WCT Properties, Inc. is hereby approved.
Section 2. The Mayor, or his designee, and City Clerk are authorized and
directed to execute the First Amendment to Agreement for Purchase and Sale of Real
Property with WCT Properties, Inc. (Exhibit A) 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 First Amendment to Agreement for
Purchase and Sale of Real Property with WCT Properties, Inc. until such time as an
executed original of such documentation has been delivered to WCT Properties, Inc.
APPROVED:
________________________________
Mayor
ATTEST:
__________________________________
City Clerk
2
FIRST AMENDMENT TO AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY
This Amendment (“Amendment”) to the Agreement for Purchase and Sale of Real
Property dated April 30, 2013 (the “Agreement”) by and between WCT PROPERTIES, INC., an
Illinois corporation (“Purchaser”) and the CITY OF EAST PEORIA, an Illinois municipal
corporation (“Seller”) is entered into effective as of _______________, 2013 (“Amendment
Effective Date”).
In consideration of the mutual covenants and agreements contained in this Amendment,
and other good and valuable consideration not recited in this Amendment, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1.
Extension of Conditions Precedent and Closing on Parcel 1. The deadline for
Purchaser’s submission of a proposed plat to Seller as set forth in Section 5.2 of the Agreement
is hereby extended to August 7, 2013; provided, however, that nothing in this Amendment is
intended to alter or limit Seller’s approval rights with respect to such plat. The deadline for
Purchaser’s submission of a list of proposed tenants or end users of Parcel 1 as set forth in
Section 5.3.1 of the Agreement is hereby extended to August 30, 2013. The Closing Date for
the purchase and sale of Parcel 1 is hereby extended to September 30, 2013.
2.
Seller’s Approval of Purchaser’s Proposed Use and Site Plan (Parcel 1 Only).
Pursuant to Sections 5.1 and 5.3 of the Agreement, Purchaser has requested that Seller
approve the use of Parcel 1 of the Property for the construction and operation of a Chick-fil-A
restaurant on the corner of Parcel 1 closest to the intersection of West Washington Street and
Altorfer Drive, in accordance with the site plan attached to this Amendment as Exhibit “1” (the
“Site Plan”). Although Seller has previously advised Purchaser that a fast-food restaurant with a
drive-thru window would not be allowed at the corner of West Washington Street and Altorfer
Drive, Seller hereby approves the Site Plan (in accordance with Section 5.2 of the Agreement)
and further approves the use of Parcel 1 for the construction and operation of a Chick-fil-A
restaurant (in accordance with Section 5.3 of the Agreement), subject to the following
conditions:
2.1.
Seller’s approval of the Site Plan is limited to the approval of the general
location of improvements, including the location of the fast food restaurant
on the corner of Parcel 1 closest to the intersection of West Washington
Street and Altorfer Drive. Seller reserves the right to require changes in
the actual layout of the building and the location of parking spaces and
access drives, pedestrian connectivity and landscaping.
2.2.
Seller reserves the right, as a condition to the issuance of any building
permit for the construction of improvements on Parcel 1, to require
construction of a berm and landscaping that is sufficient in Seller’s sole
discretion to provide adequate screening, and Section 6.2.1 of the
Agreement is hereby amended to provide that the deed of conveyance
from Seller to Purchaser for Parcel 1 shall reserve the right of Seller to
require the construction of a berm and landscaping of a design and
quality that is acceptable to Seller as a condition to the issuance of any
building permit for Parcel 1; and,
1
2.3.
Seller reserves the right to require that the improvements on Parcel 1 be
constructed in compliance with all of Seller’s development standards,
including, without limitation, the standards set forth in Section 5.4 and
Section 9.1 of the Agreement, and nothing in this Amendment shall be
deemed to waive or limit any of the requirements of Section 5.4 or
Section 9.1 of the Agreement; and,
2.4.
Purchaser shall close on its sale of a portion of Parcel 1 to Chick-fil-A no
later than February 28, 2014, and Section 6.2.1 of the Agreement is
hereby amended to provide that the deed of conveyance from Seller to
Purchaser for Parcel 1 shall reserve an option for Seller to repurchase
that portion of Parcel 1 that is approved by Seller for the construction of a
Chick-fil-A restaurant for the same Purchase Price paid by Purchaser to
Seller (prorated on a square footage basis) in the event Purchaser fails to
convey title of such portion of Parcel 1 to Chick-fil-A or its affiliate no later
than February 28, 2014; and,
2.5.
Section 9.3 of the Agreement is hereby amended to provide that the deed
of conveyance from Seller to Purchaser for Parcel 1 shall reserve an
option for Seller to repurchase Parcel 1 for the same Purchase Price paid
by Purchaser to Seller in the event Purchaser or its successors or assigns
fails to commence vertical construction of improvements on Parcel 1
within two hundred forty (240) days following the Closing on Parcel 1;
provided, however, that if Parcel 1 is subdivided into two or more lots, the
aforesaid option shall apply so as to grant the right to Seller to repurchase
only the lot(s) upon which Purchaser or its successors or assigns has
failed to commence vertical construction of improvements within two
hundred forty (240) days following the Closing on Parcel 1, and the
purchase price shall be prorated on a square footage basis. The
provisions of Section 9.3 of the Agreement with respect to the exercise of
the repurchase option by Seller, the reconveyance of Parcel 1 to Seller,
and the effect of Delays shall apply and shall be incorporated into the
deed of conveyance from Seller to Purchaser for Parcel 1.
3.
Contribution for Infrastructure Improvements. Section 6.3.2 of the Agreement is
hereby deleted in its entirety and the following is substituted in its place:
6.3.2. Contribution for Infrastructure Improvements. At the Closing of
the purchase and sale of Parcel 1, Purchaser shall pay Seller Four
Hundred Eighty-six Thousand Dollars ($486,000.00) as a contribution
toward the costs of offsite infrastructure improvements constructed by
Seller that directly benefit Parcel 1. At the Closing of the purchase and
sale of Parcel 2, Purchaser shall pay Seller Fifty-four Thousand Dollars
($54,000.00) as a contribution toward the costs of offsite infrastructure
improvements constructed by Seller that directly benefit Parcel 2. The
payments identified in this Section 6.3.2 shall be in addition to the
Purchase Price.
4.
Definitions. Capitalized terms not defined in this Amendment shall have the
meaning given to them in the Agreement.
2
5.
No Further Amendments. Subject to the modification of the Agreement by this
Amendment, the Agreement shall remain unchanged and in full force and effect.
6.
Counterparts. The parties may execute this Amendment in counterparts, each of
which shall constitute an original and all of which, when taken together, shall constitute one and
the same instrument. An Amendment containing facsimile signatures of the parties to this
Amendment shall be deemed an original of the Amendment.
IN WITNESS WHEREOF, the parties have executed and delivered this Amendment as
of the Amendment Effective Date.
SELLER:
PURCHASER:
CITY OF EAST PEORIA,
an Illinois municipal corporation
WCT PROPERTIES, INC.,
an Illinois corporation,
By:____________________________
By:______________________________
William H. Torchia
GUARANTORS:
______________________________
William H. Torchia, Individually
________________________________
Cheryle A. Torchia, Individually
3
EXHIBIT “1”—SITE PLAN
4
________________, 2013
WHEREAS, the Giebelhausen Group (the “Developer”) has submitted a preliminary
application for a special use authorizing a planned development (the “Planned
Development”) on property located at 2466 Washington Road (the “Property”); and
WHEREAS, after public hearing conducted in August of 2012 pursuant to duly
published notice, the Zoning Board of Appeals voted to approve the preliminary application
for the Planned Development; and
WHEREAS, in response to concerns expressed during the public hearing, the
Developer proposes to devote the existing commercial building located on the Property to
commercial uses rather than residential uses and to convert the proposed 60 x 80 foot
commercial building adjacent to Washington Road from commercial uses to a mini storage
facility with a “commercial office” appearance on that portion of the mini storage facility
facing Washington Road;
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. The preliminary application for the Planned Development modified as
hereinabove set forth is hereby approved.
Section 2. The Developer is authorized to apply for final approval of a special use
authorizing the Planned Development substantially in accordance with the preliminary
application approved by this resolution.
APPROVED:
_________________________________
Mayor
ATTEST:
_______________________________
City Clerk
________________, 2013
WHEREAS, a private developer has completed the installation of public
improvements (the “Public Improvements”) necessary to extend Cimmeron Drive in an
easterly direction from the easterly boundary of Pinecrest Villas Subdivision; and
WHEREAS, tests and inspections of the Public Improvements have demonstrated
that such improvements were constructed in accordance with the approved plans and
specifications for such improvements; and
WHEREAS, the Department of Public Works has recommended that the City
Council accept the dedication of the Public Improvements;
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the dedication of the Public
Improvements is hereby accepted effective immediately.
APPROVED:
_________________________________
Mayor
ATTEST:
_______________________________
City Clerk
________________, 2013
WHEREAS, the City currently owns a 2005 Caterpillar 430D backhoe (the “2005
Backhoe”) and a 2000 Caterpillar M318 wheeled excavator (the “2000 Excavator”); and
WHEREAS, both the 2005 Backhoe and the 2000 Excavator are in need of
replacement; and
WHEREAS, Altorfer Cat has offered to provide a 2013 Caterpillar 430F IT backhoe
loader together with 18 inch and 30 inch buckets, a compactor and hydraulic thumb all as
specified at Exhibit A attached hereto and incorporated herein by reference (the “2013
Backhoe and Accessories”) in exchange for a trade-in of the 2005 Backhoe and the 2000
Excavator together with a payment of $38,918;
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his
designee is hereby authorized and directed to enter into and implement one or more
agreements with Altorfer Cat in a form approved by the Mayor to acquire the 2013 Backhoe
and Accessories in exchange for the 2005 Backhoe, the 2000 Excavator and the payment
of $38,918 to Altorfer Cat.
APPROVED:
_________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Exhibit A

08.06.2013 Agenda Packet

Transcription

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