View PDF - City of East Peoria
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View PDF - City of East Peoria
AGENDA REGULAR MEETING OF THE CITY COUNCIL CITY OF EAST PEORIA, 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS APRIL 7, 2015 DATE: APRIL 7, 2015 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 Working Session held on March 31, 2015. COMMUNICATIONS: COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS: CONSENT AGENDA ITEMS BY OMNIBUS VOTE: (All matters listed under CONSENT AGENDA are considered to be routine and non-controversial by the City Council and 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. 1415-118 – Resolution to Approve Payment of the Schedule of Bills Listed on Schedule No. 22. Item No. 2 – Adoption of Resolution No. 1415-117 on its Second Reading - Resolution authorizing the Lease of one Caterpillar 305.5E CR Excavator (CAT Mini Excavator) from Altorfer Cat for the EastPort Marina to replace EastPort Marina dredge machinery. COMMISSIONER DENSBERGER: Motion to accept – Resolution No. 1415-116 - Resolution approving the Eastport Marina Management Agreement between the City of East Peoria and Riverside Marina Management, LLC. To be laid on the table for no less than one week for public inspection. Motion to adopt – Resolution No. 1415-119 - Resolution authorizing a challenge to the issuance of the video gaming license for Huck’s Food and Fuel located at 101 Farmdale Road in the City of East Peoria. COMMISSIONER DECKER: COMMISSIONER JEFFERS: COMMISSIONER JOOS: Motion to accept - Ordinance No. 4222 (AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL PROPERTY IN THE POSSESSION OF THE EAST PEORIA POLICE DEPARTMENT.) To be laid on the table for no less than one week for public inspection. 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: April 3, 2015 100 South Main 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, APRIL 7, 2015 AT 5:00 P.M. AT THE NEW COUNCIL CHAMBERS IN THE CIVIC COMPLEX, 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS. *PLEASE NOTE THE LOCATION OF THE MEETING AT THE NEW COUNCIL CHAMBERS IN THE CIVIC COMPLEX, 401 W. WASHINGTON STREET, EAST PEORIA, ILLINOIS. DATE: APRIL 7, 2015 TIME: 5:00 P.M. CALL TO ORDER: ROLL CALL: AGENDA: WORKING SESSION of the City Council to discuss the following budget presentations: Public Works Fire, Ambulance, and ESDA COMMENTS FROM THE COUNCIL: MAYOR MINGUS: COMMISSIONER DENSBERGER: COMMISSIONER DECKER: COMMISSIONER JEFFERS: COMMISSIONER JOOS: COMMENTS FROM THE AUDIENCE: MOTION TO ADJOURN: __/s/ David W. Mingus___________________________ __04/03/2015_________________________________ 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 Hall, 100 S. Main Street, East Peoria, Illinois, same being the principal office of the City of East Peoria, Illinois, and 401 W. Washington Street (new Council Chambers in the Civic Complex), East Peoria, Illinois 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: __04/03/2015__ __/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 MARCH 31, 2015 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 6:00 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 Regular Meeting and Working Session held on March 17, 2015 be approved as printed. Yeas: Commissioner Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Mayor Mingus proclaimed April as “Community College Month” in the City of East Peoria. He thanked ICC for all that they have done. He presented the proclamation to Patrice Hess and Janice Kinsinger from Illinois Central College. Ms. Hess highlighted events that will be going on in the month of April. She explained, there will be a job fair on Wednesday, April 15, 2015 from 10a-2p. 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. John Kahl of East Peoria asked about the new agreement with the Marina. Commissioner Densberger explained that the Resolution regarding the Marina Agreement would be pulled from the agenda tonight for further consideration. Mayor Mingus asked for any other comments from the audience. 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 Decker; Mr. Mayor, I move to adopt a consent agenda consisting of items numbered 1-4 as listed on the agenda for this meeting to be considered by omnibus vote. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Motion by Commissioner Densberger, seconded by Commissioner Jeffers; Mr. Mayor, I move you that Items numbered 1-4 listed on the Consent Agenda be hereby approved and adopted, the items numbered 1-4 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. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Item No. 1 – Adoption of Resolution No. 1415-109 on its Second Reading – Resolution approving Microsoft Software Licensing Renewal for the City at a cost not to exceed $28,175.50. (Adopted by omnibus vote) Item No. 2 – Adoption of Resolution No. 1415-110 on its Second Reading – Resolution approving a contract with Vital Signs, Inc. for the installation of signs along the hiking/biking trail at a cost of $2,148.00. (Adopted by omnibus vote) Item No. 3 - Adoption of Resolution No. 1415-111 on its Second Reading - Resolution regarding Employee Contribution Rates for the City’s Group Health Insurance Plan. (Adopted by omnibus vote) Item No. 4 – Adoption of Resolution No. 1415-112 on its Second Reading - Resolution regarding Reinsurance Carrier for the City’s Group Health Insurance Plan. (Adopted by omnibus vote) Motion by Commissioner Densberger, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance No. 4220 hereto attached, (AN ORDINANCE AUTHORIZNG A SPECIAL USE FOR PROPERTY LOCATED AT 3901 N. MAIN STREET IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS TO ALLOW FOR OUTDOOR STORAGE AND VEHICLE REPAIR AND MAINTENANCE) be read at length by the Clerk, and that said Ordinance No. 4220 be accepted on its first reading, and be hereby adopted as presented. The City Clerk read the ordinance at length. Page 2 Commissioner Densberger discussed District 86 School District taking over bussing for the school district instead of contracting it out. This special use allows for the bussing and storage of the buses. This is to begin with the 20152016 school year. Commissioner Decker explained that he feels that this is a great step for the school district. It gives control of the bussing at the school board level. Commissioner Joos asked if there were any paving issues. Director of Planning and Community Development, Ty Livingston, explained that it is partially paved, and there are plans to pave it. The more immediate concern was for employee parking. He explained that this will be an improvement to the building. Commissioner Joos explained that he feels the City should treat entities equally in requirements. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and Ordinance No. 4220 to be duly adopted as presented. Resolution No. 1415-114 by Commissioner Densberger; WHEREAS, the development of Shady Knolls Extension 5 (the “Subdivision”) has been completed; and WHEREAS, the final plat of the Subdivision dedicates public streets, easements and other improvements (the “Public Improvements”) to the public use; and WHEREAS, the engineer for the Subdivision has certified that the Public Improvements comply with applicable requirements of the Subdivision Code; and WHEREAS, the subdivider of the Subdivision has submitted as built plans for the Public Improvements to the Department of Public Works; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the dedication of the Public Improvements as shown and described in the final plat of the Subdivision is hereby accepted; provided, however, that such acceptance shall not become effective until the subdivider of the Subdivision provides a two year written warranty against structural failure of the Public Improvements together with security for a period of one year, all in the manner prescribed by the Subdivision Code. Motion by Commissioner Densberger, seconded by Commissioner Decker; Mr. Mayor, I move that Resolution No. 1415-114 be adopted as presented. Director of Public Works, Steve Ferguson, explained that the improvements meet applicable requirements of the Subdivision Code. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and Resolution No. 1415-114 be duly adopted as presented. Commissioner Densberger explained that Resolution No. 1415-116 has been pulled from the agenda for further consideration. Resolution No. 1415-115 by Commissioner Densberger; WHEREAS, the City of East Peoria maintains a self-insured group health care plan for the benefit of its employees (the “Plan”); and WHEREAS, in May 2000, based upon a Memorandum of Understanding between the City and each of thenexisting employee unions, the City Council adopted Resolution No. 0001-05 to formally established the Insurance Committee consisting of City employees and City officials to oversee the City’s health care plan; and WHEREAS, since May 2000, the Insurance Committee has been operating under the terms of Resolution No. 0001-05, including the selection and appointment of the 15 members of the Insurance Committee; and WHEREAS, the Insurance Committee (now designated as the “Insurance & Benefits Committee”) has recently undertaken the review of its membership due to one seat on the Committee being vacant for the past couple of years, being the seat originally designated under the terms of Resolution No. 0001-05 for a member of the thenexisting two bargaining units at EastSide Centre; and WHEREAS, the one remaining member of the two EastSide Centre bargaining units is now being represented on the Insurance & Benefits Committee by the two members for the Public Works employees’ bargaining unit; and WHEREAS, upon reviewing which employees have a designated representative on the Insurance & Benefits Committee, the Committee determined that the command staff and administrative assistants in the Police, Fire, Telecommunication, and Public Works Departments do not have a specifically designated employee representative on the Committee; and WHEREAS, the Insurance & Benefits Committee hereby recommends that the vacant seat on the Committee be filled by one employee representative from the command staff and administrative assistants in the Police, Fire, Telecommunication, and Public Works Departments, thereby ensuring that each City employee has a specifically designated representative on the Committee; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The City adopts the recommendation made by the Insurance Committee to re-designate the vacant seat on the Insurance & Benefits Committee as an employee representative from the command staff and administrative assistants in the Police, Fire, Telecommunication, and Public Works Departments. Section 2. Effective upon the adoption of this Resolution, the City Council hereby designates the following employee representatives and City officials to compose the City’s Insurance Committee: • • • • Two members from the Police Officers’ bargaining unit Two members from the Fire Fighters’ bargaining unit Two members from the Telecommunicators’ bargaining unit Two members from the Public Works employees’ bargaining unit Page 3 • • • One non-union employee from EastSide Centre One non-union employee from administrative offices at City Hall One non-union employee from the command staff and administrative assistants for the Police, Fire, Telecommunication, and Public Works Departments • One City of East Peoria retiree • City Clerk (or representative) • City Administrator (or representative) • City Attorney (or representative) Section 3. The primary mission for the Insurance & Benefits Committee shall remain seeking the best possible health care benefits under the Plan for all City employees in the most cost effective manner, while maintaining the financial viability of the Plan. Motion by Commissioner Densberger, seconded by Commissioner Jeffers; Mr. Mayor, I move that Resolution No. 1415-115 be adopted as presented. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and Resolution No. 1415-115 be duly adopted as presented. Resolution No. 1415-117 by Commissioner Densberger, seconded by Commissioner Decker; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1415-117, hereto attached, a Resolution authorizing the Lease of one Caterpillar 305.5E CR Excavator (CAT Mini Excavator) from Altorfer Cat for the EastPort Marina to replace EastPort Marina dredge machinery, be approved, and that this Resolution No. 1415117 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 dredge has broken down and a new machinery is needed. The excavator has the ability to be floated and do the work. Mr. Childers discussed the dredge being instrumental in keeping the Marina open. He explained that the pump should run more efficiently now as well. Mr. Childers explained that the cost will be in the EastPort Marina budget and dollars saved in repairs will cover fifty percent of the purchase price. He explained that he cannot buy a used one any cheaper. Commissioner Decker asked about the using the excavator around the chains. Mr. Childers explained that they know exactly where the chains are located, and he knows when he hits the chains. Commissioner Joos asked about hours used annually. Mr. Childers explained that not more than 750 hours per year. Commissioner Jeffers discussed being able to sell the machine for what you paid for it. The cost per hour of the machine itself is almost zero. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Resolution No. 1415-113 by Commissioner Jeffers, seconded by Commissioner Densberger; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1415-113 hereto attached, a Resolution Regarding Purchase of New Vehicles for City Police Department (State Bid), be hereby approved, and that this Resolution No. 1415-113 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 Jeffers explained that the vehicles are 2016 models and gives a total cost not to exceed $240,000. A little over $200 more than the vehicle purchase last year. Commissioner Decker discussed savings in using older equipment from older vehicles. He explained that we do not normally allocate a dollar amount. The Police Department is purchasing as much as they can. He discussed decreasing maintenance costs by getting a younger fleet of vehicles in Public Works. Yeas: Commissioners Decker, Densberger, Jeffers, and Mayor Mingus. Nays: Commissioner Joos. Mayor Mingus declared the motion carried and Resolution No. 1415-113 be duly adopted as presented. Motion by Commissioner Jeffers, seconded by Commissioner Densberger; Mr. Mayor, I move you that Ordinance No. 4221 hereto attached, (AN ORDINANCE ADDING NEW SUBCLASS LICENSE TO LIQUOR CODE FOR BEER GARDENS AT EASTPORT MARINA) be read at length by the Clerk, and that said Ordinance No. 4221 be accepted on its first reading, and be hereby adopted as presented. The City Clerk read the ordinance at length. Commissioner Jeffers discussed the location of the Marina and the special requirements for a beer garden at this location. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and Ordinance No. 4221 to be duly adopted as presented. Page 4 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 Densberger discussed meetings of the Committee looking at the quality of life in East Peoria. He discussed the need for incentives for improvements to residential properties, much like enterprise zone benefits to commercial properties of property tax abatement and rebate of sales tax if materials were purchased in the City. This would go to address quality of neighborhoods, improving schools, among many other improvements. Mayor Mingus explained that he would like to see a working session on this idea in the future. Commissioner Jeffers discussed some Greenfield expansion by Mueller Road. He discussed costs of living in different areas to neighborhoods for services, including garbage pick-up services. He would like a working session to see where we are at as a community in comparison to other communities. He mentioned the Mayor’s Prayer Breakfast coming up next month. Commissioner Joos explained that buyers of homes do not often take into account the costs of services offered to residents. He explained that he likes Commissioner Densberger’s idea, and he is afraid that there will not be as much success because of these being smaller projects. He has heard so many people start talking about the focus on residential. He discussed the commercial improvements over the past 20 years and explained that if we spend the next several years on residential that those benefits will be there and it is a very worthy cause. Mayor Mingus wished everyone a Happy Easter. Motion by Commissioner Decker, seconded by Commissioner Densberger; Mr. Mayor, I move you that we adjourn until Tuesday evening, April 7, 2015 at 6:00 P.M. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None Mayor Mingus declared the motion carried and the meeting adjourned at 7:04 P.M. _/s/ Morgan R. Cadwalader________ City Clerk Morgan R. Cadwalader MINUTES WORKING SESSION CITY COUNCIL 401 WEST WASHINGTON STREET EAST PEORIA, ILLINOIS March 31, 2015 Mayor Mingus called the Working Session of the City Council of East Peoria, Illinois to order at 5:02 P.M. Upon the roll being called the following answered present: Mayor Mingus, Commissioners Decker, Densberger, Jeffers, and Joos. Absent: None. Mayor Mingus explained that no official 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 on an introduction to the budget and a discussion on the Planning and Community Development and EastSide Centre and Tourism and Special Events budgets. He turned the discussion over to City Administrator, J. Thomas Brimberry, who discussed the budget calendar for this year. He turned the discussion over to Director of Planning and Community Development, Ty Livingston. Director Livingston discussed the Planning and Community Development Department achievements and other noteworthy items in the fiscal year 2014-2015, including the enterprise zone application that was completed and is anticipated to have a decision from the State sometime in September 2015; residential development in the City; a TAP grant that was awarded for a new pedestrian bridge along Camp Street; the Farmer’s Market; awaiting awards on IDNR grant applications; and way-finding signage along River Road to Main Street Section of the River Trail of Illinois. Commissioner Joos asked about the apartments on Centennial Drive. Director Livingston explained that these apartments would be higher end rental for professionals. Director Livingston discussed the Department Goals for the coming year, including improving the Four Corners District; Levee District Beautification; awaiting a decision from the State on the Enterprise Zone; grant applications that he is hopeful that the City will be awarded; and the Sculpture and Heritage Walk. He discussed budget highlights, including trail grants, consultants’ fees, a Caterpillar Heritage Walk, a Sculpture Walk, Vehicle Repair costs, and office equipment needs. There was a detailed discussion about the Caterpillar Heritage Walk that could include statues and other equipment that would mark where old Caterpillar buildings were located. He discuss GIS costs that are a reflection of the regional planning commission. The server will be changed, and we are not yet aware of those changes or accurate costs at this point. Commissioner Joos asked about sidewalks and if there are grants that may be available for sidewalks. Director Livingston explained that there are a couple opportunities out there but there are fewer than grants for sidewalks than other items such as trails. He explained that new roads do require sidewalks to be completed along with those new roads. He discussed the possibility of bike lanes on roads that will accommodate them. Commissioner Joos explained that he would rather see dollars spent on sidewalks rather than trails. City Administrator Brimberry introduced Director of Tourism and Special Events, Doug McCarty, to discuss EastSide Centre and Tourism and Special Events. Director McCarty handed out a packet of information to the City Council on his budget presentation. He began the discussion about EastSide Centre Revenues that has an increase that is related to the City taking over concessions at EastSide Centre. He discussed membership being steady at EastSide Centre. He discussed the EastSide Centre expenses. He explained that the increase in Page 2 revenues is estimated to exceed the increase in expenses. He discussed debt service expiring in the 2017-18 fiscal year. Mayor Mingus asked about electricity and if concessions could cover the electricity costs. Director McCarty explained that it could if that is what the City Council wished. He discussed in more detail the administrative portion of the EastSide Centre Budget. The budget is essentially the same or less as the previous year. He discussed the fitness and outside operation budget portion of the EastSide Centre Budget. Outside operations budget is estimated to be down a little more than last year. Commissioner Decker asked about repairs up at the EastSide Centre. Director McCarty explained that a new sign is needed along with repairs to walls and fences. He discussed phasing in the changes and/or repairs. Director McCarty discussed Hotel-Motel revenues, including Hotel-Motel Tax revenues, Festival of Lights receipts and others. They are estimated to be higher next year. He discussed Hotel-Motel Tax Fund expenses. He discussed purchasing barricades instead of renting them. Commissioner Jeffers discussed revenues received from signage at EastSide Centre. There was a discussion about signage and payback on the signs. Mayor Mingus discussed Director McCarty taking EastSide Centre to a new era that is a business model. Mayor Mingus asked for comments from the audience. There was response. Motion by Commissioner Decker, seconded by Commissioner Jeffers; Mr. Mayor, I move you that we adjourn the meeting. Yeas: Commissioners Decker, Densberger, Jeffers, Joos, and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and the meeting adjourned at 5:46 P.M. __/s/ Morgan R. Cadwalader___________________ Morgan R. Cadwalader, City Clerk RESOLUTION NO. 1415-118 March 31, 2015 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. 22 BE ALLOWED. MR. MAYOR, I MOVE THAT THE CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE ORDERS ON THE TREASURER FOR THE VARIOUS AMOUNTS, TOTALING $1,891,840.15 AND THE SCHEDULE OF BILLS BE HEREBY ADOPTED AS PRESENTED. MAYOR DATE: 04/02/15 TIME: 11:10:50 ID: AP443000.CEP CITY OF EAST PEORIA SCHEDULE OF BILLS PAYABLE PAGE: 18 FINAL TOTALS INVOICES DUE ON/BEFORE 03/31/2015 -----------------------------------------------------------------------------------------------------------------------------------GENERAL CORPORATE FUND 210,952.96 POLICE PROTECTION FUND 10,488.07 FIRE PROTECTION FUND SOLID WASTE 9,346.00 14,070.77 STREET & BRIDGE FUND 4,716.87 STREET LIGHTING FUND 23,141.04 WORKERS COMP & LIAB 100,000.00 EASTSIDE CENTRE 17,244.57 HOTEL-MOTEL TAX 14,372.94 AMBULANCE FUND 8,378.01 WATER & SEWER 176,238.78 RIVERBOAT GAMING TAX FUND 635,559.14 PAYROLL HOLDING ACCTS 667,331.00 ---------------- GRAND TOTAL 1,891,840.15 ================ RESOLUTION NO. 1415-116 East Peoria, Illinois , 2015 RESOLUTION BY COMMISSIONER _______________________________ RESOLUTION APPROVING THE EASTPORT MARINA MANAGEMENT AGREEMENT BETWEEN THE CITY OF EAST PEORIA AND RIVERSIDE MARINA MANAGEMENT, LLC WHEREAS, the City has constructed and operates a first-class quality marina known as Eastport Marina (the “Marina”); and WHEREAS, the City has previously entered into a Management Agreement to operate and manage the Marina with Riverside Marina Management, LLC; and WHEREAS, the City has negotiated in new agreement with Riverside Marina Management, LLC, which the parties understand will supersede and replace the prior agreement in its entirety; and WHEREAS, the City desires Riverside Marina Management, LLC to operate and manage Eastport Marina under the terms specified in the attached Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the Eastport Marina Management Agreement with Riverside Marina Management, LLC in the form attached hereto labeled as "Exhibit A," is hereby approved. The City Administrator is hereby authorized to execute the aforesaid agreement on behalf of the City together with such changes therein as the Mayor in his discretion may deem appropriate; provided, however, that such agreement shall not be binding upon the City until an executive original thereof has been delivered to Riverside Marina Management, LLC. APPROVED: ________________________________ Mayor ATTEST: __________________________________ City Clerk Resolution No. 1415-119 MEMORANDUM April 2, 2015 TO: Mayor David W. Mingus and Members of the City Council THRU: Tom Brimberry, City Administrator FROM: City Attorney’s Office (Dennis R. Triggs and Michael J. Tibbs) SUBJECT: Video Gaming/Hucks Food and Fuel DISCUSSION: The owners of the Hucks Food and Fuel located at 101 Farmdale Road applied for a video gaming license based upon an assertion that the facility was a truck stop as defined the Video Gaming Act. The City submitted evidence to the Gaming Board demonstrating that the Hucks facility does not qualify as a truck stop under the Video Gaming Act. Despite the submission of that evidence, the Gaming Board approved the application. For the reasons outlined in its preambles, the resolution authorizes legal action to challenge the issuance of a video gaming license for the Hucks facility. RECOMMENDATION: Approval RESOLUTION NO. 1415-119 East Peoria, Illinois April 7 , 2015 RESOLUTION BY COMMISSIONER WHEREAS, Martin & Bayley, Inc. (the “Applicant”) is the operator of or has an interest in the Hucks Food and Fuel facility located at 101 Farmdale Road in the City of East Peoria (the “Hucks Facility”); and WHEREAS, the Applicant has submitted an application (the “Application”) under authority of the Video Gaming Act found at 230 ILCS 40/1 et seq. to locate video gaming terminals at the Hucks Facility; and WHEREAS, the Application asserts that the Hucks Facility is a truck stop within the meaning of the Video Gaming Act; and WHEREAS, the Video Gaming Act defines a “licensed truck stop establishment” as a facility that: 1. 2. 3. 4. Has an area of at least three acres with a convenience store; and Has separate diesel islands for fueling commercial motor vehicles; and Sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month; and Has parking spaces for commercial motor vehicles; and WHEREAS, the Hucks Facility fails to qualify to become a licensed truck stop establishment for at least the following reasons: 1. 2. 3. 4. The Hucks Facility has an area of less than three acres; and The Hucks Facility does not have separate diesel islands for fueling commercial motor vehicles and, in fact, has only one diesel fuel pump located on an island with gasoline pumps; and The single diesel fuel pump located at the Hucks Facility is unlikely to dispense more than 10,000 gallons of diesel or biodiesel fuel per month; and The Hucks Facility does not have parking spaces devoted to or designed to primarily accommodate commercial motor vehicles; and WHEREAS, before the Illinois Gaming Board acted on the Application, the City advised the staff of the Illinois Gaming Board that the Hucks Facility could not qualify as a licensed truck stop establishment as defined by the Video Gaming Act and supplied the staff of the Illinois Gaming Board with incontrovertible evidence in the form of maps, photographs and title documents demonstrating that the Hucks Facility could not qualify as a licensed truck stop establishment; and WHEREAS, despite being provided with incontrovertible evidence demonstrating that the Hucks Facility could not qualify as a licensed truck stop establishment under the Video Gaming Act, the Illinois Gaming Board on or about March 26, 2015, in violation of the Video Gaming Act approved the issuance of a license to the Applicant to install video gaming terminals at the Hucks Facility; and WHEREAS, sometime prior to November 1, 2014, the Applicant commenced structural modifications of the Hucks Facility for the purpose of accommodating the installation of video gaming terminals without first applying for various building permits in violation of applicable regulations found at Title 4 of the East Peoria City Code; and WHERES, by undertaking modifications to the Hucks Facility, the Applicant sought to expand an existing use or establish a new use at the Hucks Facility without first seeking site plan review as required by Title 5, Chapter 4, Section 10 of the East Peoria City Code; and WHEREAS, because of the proximity to the Hucks Facility to residentially zoned areas of the City, the East Peoria City Code will not under any circumstance permit the operation of the Hucks Facility as a truck stop; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Attorney is hereby authorized and directed to take such action as is necessary to prevent the installation and operation of video gaming terminals at the Hucks Facility including, without limitation, the initiation of appropriate litigation against the Applicant, the Illinois Gaming Board and any other necessary parties. APPROVED: Mayor ATTEST: City Clerk Ordinance No. 4222 East Peoria Police Department TO: The Honorable Mayor and the City Council THRU: J. Thomas Brimberry, City Administrator FROM: Chief Dick Ganschow DATE: March 31, 2015 SUBJECT: Vehicle and Property Disposal DISCUSSION: The East Peoria Police Department has eleven (11) vehicles which are no longer in use which are listed on the attached inventory. Yellow Checker Cab has looked at the vehicles and has offered $14,000 for 5 of the vehicles or $2,800 per vehicle. The Police Department is seeking approval to dispose of all the listed vehicles in the most cost effective manner. In addition, the Department has other miscellaneous equipment which is no longer of any use to the Department, listed on an attached inventory. We are seeking to dispose of this property as well. RECOMMENDATION: Approval of disposal of both the vehicles and other property as listed on the attached inventories in the most cost effective manner. Please see supporting documentation attached. cc: City Administrator Tom Brimberry City Clerk Morgan Cadwalader Treasurer/Comptroller Terri Gualandi 201 W. Washington St., East Peoria, Illinois 61611 Phone: (309) 698-4 700 Fax: (309) 698-4 725 ORDINANCE NO. 4222 AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL PROPERTY IN THE POSSESSION OF THE EAST PEORIA POLICE DEPARTMENT WHEREAS, the Police Department is in possession of various used vehicles and other personal property identified at “Exhibit A” attached hereto and incorporated herein by reference (the “Personal Property”); and WHEREAS, retaining the Personal Property is not necessary or useful to or for the best interests of the City; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The Chief of Police is hereby authorized and directed to sell five 2006 Chevy Impala vehicles (the “2006 Impalas”) as identified at Exhibit A to Yellow Checker Cab Company at a price of $14,000. Section 2. The Chief of Police in consultation with the City Administrator is hereby authorized and directed to sell the Personal Property, other than the 2006 Impalas, under such terms and conditions as he deems appropriate with or without advertising the sale. 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 _________________, 2015. APPROVED: ________________________________ Mayor ATTEST: ________________________________ City Clerk EXAMINED AND APPROVED: ________________________________ Corporation Counsel 2 EXHIBIT A City of East Peoria Vehicle Disposal List The following vehicles are not currently in use and have been dead-lined for at least one year. 2006 Chevy Impalas that Yellow Checker Cab has offered to purchase for $14,000: Unit 06-1 vin- 2G1WS551669287175 Unit 06-3 vin- 2G1WS551669285846 Unit 06-5 vin- 2G1WS551169284507 Unit 06-7 vin- 2G1WS551869287663 Unit 06-8 vin- 2G1WS551X69287891 The following vehicles are part of the police fleet and also need to be disposed of: 2006 Chevy Impala unit 06-4 vin- 2G1WS551169286886 2007 Chevy Impala unit 07-6 vin- 2G1WS55R479397360 (unit has crank shaft issue) 2006 Ford Taurus unit 06-9 vin- 1FAFP53U16A134789 2005 Ford Taurus unit 05-8 vin- 1FAFP53U15A179819 (unit has transmission issue and cannot be driven) In addition, the following vehicles are part of the cities vehicle inventory and have been parked at the police department for over a year: 2001 Ford Taurus vin- 1FAFP55231A236219 (old public works inspector vehicle no longer in use. Robert Cole has agreed to allow the Police Department to sell/trade this vehicle) 2001 Ford Taurus vin- 1FAFP55UX1A231732 (currently listed as "Administration/Office on current city vehicle inventory. Believed to be old City Administrator's vehicle) Property Disposal Inventory 21- Vehicle Light Bars- older mechanical style no longer used. 13- Code 3 8- Federal Signal Corp. 22- MobilVision VHS in-car video boxes. VHS style systems that are no longer used or serviceable. Boxes can be recycled. 22- Uniden Bearcat BC350A scanners removed from MobilVision in-car video boxes. 5- Pro-Guard half cages from 2006 squad cars. No longer used due to safety issues. Steel panels and brackets can be recycled. 4- Pro-Guard full prisoner screens removed from 2002/2005 squad cars. Not transferrable to newer squads. 1- MBS lndentifications LX400 camera. Serial# 9706-4309. City inventory sticker #00335. Old ID photo camera used by investigations secretary. 3