03.31.2015 Agenda Packet

Transcription

AGENDA
REGULAR MEETING OF THE CITY COUNCIL
CITY OF EAST PEORIA, 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS
MARCH 31, 2015
DATE: MARCH 31, 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 17, 2015.
COMMUNICATIONS:
Proclamation by Mayor Mingus proclaiming April as “Community College Month.”
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. 1415-109 on its Second Reading – Resolution approving
Microsoft Software Licensing Renewal for the City at a cost not to exceed $28,175.50.
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.
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.
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.
COMMISSIONER DENSBERGER:
Motion to adopt – Ordinance No. 4220 – (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.)
Motion to adopt – Resolution No. 1415-114 - Resolution accepting the public improvements constructed within
Shady Knolls, Extension Five.
Motion to adopt – Resolution No. 1415-115 - Resolution regarding the City of East Peoria Insurance & Benefits
Committee to revise the Committee Membership.
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 accept – Resolution No. 1415-117 - 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.
To be laid on the table for no less than one week for public inspection.
COMMISSIONER DECKER:
COMMISSIONER JEFFERS:
Motion to adopt – Resolution No. 1415-113 on its Second Reading – Resolution Regarding Purchase of New
Vehicles for City Police Department (State Bid).
Page 2
Motion to adopt – Ordinance No. 4221 (AN ORDINANCE ADDING NEW SUBCLASS LICENSE TO LIQUOR
CODE FOR BEER GARDENS AT EASTPORT MARINA.)
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: March 27, 2015
MINUTES
NEW COUNCIL CHAMBERS IN THE CIVIC COMPLEX
401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS
MARCH 17, 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 6:05 P.M.
Upon the roll being called the following answered present: Mayor David Mingus, Commissioner Gary Densberger,
Commissioner Timothy Jeffers, and Commissioner Benjamin C. Joos.
Absent: Commissioner Daniel Decker.
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 Jeffers, seconded by Commissioner Densberger; Mr. Mayor, I move that the minutes of the
Regular Meeting and Executive Session/Closed Meeting held on March 3, 2015 and the minutes of the Special Meeting
and Executive Session/Closed Meeting held on March 10, 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 “Parkinson’s Awareness Month.” Mayor Mingus asked Roger Halleen and his
wife to come up to accept the proclamation. Mr. Halleen discussed a support group and a fundraiser at Chili’s. He
discussed other information available on their website. It is not just an old persons disease. Commissioner Densberger
discussed the difficulty with the disease and his father-in-law’s battle with the disease.
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 Jeffers; Mr. Mayor, I move to adopt a consent
agenda consisting of items numbered 1 and 2 as listed on the agenda for this meeting to be considered by omnibus
vote.
Yeas: Commissioners Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Motion by Commissioner Densberger, seconded by Commissioner Jeffers; Mr. Mayor, I move you that Items
numbered 1 and 2 listed on the Consent Agenda be hereby approved and adopted, the item numbered 2 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.
Item No. 1 – Adoption of Resolution No. 1415-108 - Resolution to Approve Payment of the Schedule of
Bills Listed on Schedule No. 21. (Adopted by omnibus vote)
Item No. 2 – Adoption of Resolution No. 1415-103 on its Second Reading – Resolution authorizing
contract with R.A. Cullinan & Son, Inc. for Pavement Overlay component of the City’s 2015 Street
Maintenance Program in the amount of $559,431.75. (Adopted by omnibus vote)
Resolution No. 1415-107 by Commissioner Densberger, seconded by Commissioner Jeffers; BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1415-107 hereto attached, a
Resolution approving a Development Agreement with Frontier Hospitality Group, LLC, be hereby approved, and that
this Resolution No. 1415-107 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 discussed the terms in the Development Agreement. Commissioner Joos discussed
meeting with a number of hotel developers over the past few years and that the individuals with Frontier Group are
impressive. He outlined the agreement on three separate points: (1) the City is offering free land on a little over two
acres of property; (2) the City agreeing to run any necessary infrastructure to the property; and (3) the City providing
up to $300,000 in property tax rebate over seven years to offset foundation expenses that are higher than typical
foundation expenses based on the location. He discussed running infrastructure as being the responsibility of the City
as other property owners selling the property would do the same. He explained that he has a comparison property that
was sold and would put this lot somewhere in the range of $600,000. He explained that he will not support this
agreement for that reason.
Page 2
Commissioner Jeffers discussed the payback of the property is a three year period based on the anticipated revenue.
He discussed the property potentially sitting vacant if the property is not sold and developed. The advantage of the
property is that it allows the City to develop other lots around this property. He discussed the property increasing the
value of the other lots. He explained that he believes that this is a great investment for the City and not money spent.
Mayor Mingus explained that he has had extensive conversations on this item, and he will be voting in favor of this
as it is the will of the Council.
Yeas: Commissioners Densberger, Jeffers, and Mayor Mingus.
Nays: Commissioner Joos.
Mayor Mingus declared the motion carried and Resolution No. 1415-107 be duly adopted as presented.
Resolution No. 1415-109 by Commissioner Densberger, seconded by Commissioner Joos; BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1415-109, hereto attached, a
Resolution approving Microsoft Software Licensing Renewal for the City at a cost not to exceed $28,175.50, be
approved, and that this Resolution No. 1415-109 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 this item being an annual expense to keep the City’s license up on Microsoft
Software.
Nays: None.
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, be approved, and that this Resolution No. 1415-110 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 this is something that Director of Planning & Community Development, Ty
Livingston, has been working on for some time with the Park District and other governing bodies and organizations.
Director Livingston explained that way finding signs have a huge connection with economic development. It is a
connection with those trail users and economic development for retail and other places along the trail. He discussed
the signage and that it is graphic signs that are universal.
Commissioner Jeffers commented that this item does not need to come to the agenda due to the low cost of the
expenditure.
Commissioner Joos asked what particular locations will the signs be placed and asked if the City has incurred expenses
for signage on the trail in the past. Director Livingston explained the segment that the signs would cover. He explained
that typically the signs are on park district property. These are informational signage. The City has done required
signage that the Illinois Department of Natural Resources has required on trails. This portion of the trail is owned and
maintained by the City.
Nays: None.
Resolution regarding Employee Contribution Rates for the City’s Group Health Insurance Plan, be approved, and that
this Resolution No. 1415-111 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 committee and rates being down.
Commissioner Joos discussed the structure of the plan being self-insured and how a self-insured plan works.
Nays: None.
Resolution regarding Reinsurance Carrier for the City’s Group Health Insurance Plan, be approved, and that this
Resolution No. 1415-112 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.
Nays: None.
Page 3
Motion by Commissioner Densberger, seconded by Commissioner Jeffers; Mr. Mayor, I move you that Ordinance
No. 4219 hereto attached, (AN ORDINANCE AMENDING TITLE 3, CHAPTER 31 OF THE EAST PEORIA
CITY CODE PERTAINING TO THE REGULATION OF DANCE HALLS AND PLACES OF AMUSEMENT) be
read at length by the Clerk, and that said Ordinance No. 4219 be accepted on its first reading, and be hereby adopted
as presented.
The City Clerk read the ordinance at length.
Commissioner Densberger discussed that the ordinance was out of date and that this clarifies places of amusement.
City Attorney Dennis Triggs explained that the City is anxious to have something on the books that is enforceable.
He explained that the main issue is the safety of teenagers and young people.
Commissioner Joos is concerned about removing certain distances in certain areas. He explained that he feels that
unreasonably disturbing and unnecessary noises language is vague.
Commissioner Jeffers explained that it is an improvement from the old ordinance.
Mayor Mingus explained that the City has the responsibility to look at the safety of youth.
Mayor Mingus declared the motion carried and Ordinance No. 4219 to be duly adopted as presented.
Resolution No. 1415-113 by Commissioner Jeffers, seconded by Commissioner Densberger; BE IT RESOLVED BY
Resolution Regarding Purchase of New Vehicles for City Police Department (State Bid), be approved, and that this
Resolution No. 1415-113 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 this being an annual item and this includes the amount to purchase and outfit the
vehicles. Chief of Police Dick Ganschow discussed the vehicles and costs for outfitting the vehicles. Commissioner
Jeffers discussed the type of vehicle being a Sports Utility Vehicle (“SUV”) and advantages to having an SUV.
Commissioner Densberger discussed this being a cost of doing business and that if vehicles are not replaced the costs
of maintenance go up. He feels that we should look at the maintenance lines items and allocate maintenance costs
properly. He discussed the six year rotation for a squad car.
Commissioner Joos explained that this is a gaming revenue request and that there is over a $400,000 deficit in requests
for next year’s budget. He explained that he will vote no.
Mayor Mingus discussed being over in the gaming requests every year and that public safety is important and ensuring
the safety of our residents is of the utmost importance.
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. There was no response.
Motion by Commissioner Jeffers, seconded by Commissioner Densberger; Mr. Mayor, I move you that we adjourn
until Tuesday evening, March 31, 2015 at 5:00 P.M.
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 17, 2015
Mayor Mingus called the Working Session of the City Council of East Peoria, Illinois to order at 5:01 P.M.
Upon the roll being called the following answered present: Mayor Mingus, Commissioners Densberger,
Jeffers, and Joos.
Absent: Commissioner Decker.
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 the Civic Plaza and Sculpture Walk
Consultant Presentation, and Buildings and Inspections Fees and Proposed Changes. He turned the discussion
over to Director of Planning & Community Development, Ty Livingston. Director Livingston discussed the
process thus far in the Civic Plaza and Sculpture Walk conceptual process. He explained that this is just a
concept to receive feedback tonight, and there would be future plans to make the project more concrete. Dan
Weinbach from Weinbach & Associates introduced himself and his partner. Mr. Weinbach presented a site
plan of the proposed concept plan. He discussed the features of the plan, including a water feature, terraced
seating, pavilion, upper plaza with sculpture, and other items. Mr. Weinbach discussed details of the terraced
water feature. He showed several visual renderings on a projected screen to represent the concepts for the
space. He explained that lighting was recently discussed and that lighting would be an important aspect of the
space that would help year-round.
Mayor Mingus asked if it would be possible to phase this project over time. Mr. Weinbach explained that it is
possible and recommended that the structural elements be done at the beginning. Commissioner Jeffers asked
who is paying for the project. Mayor Mingus explained that there is a Foundation that has been established to
raise money to pay for the project. Commissioner Jeffers discussed the idea of a paved place of gathering that
was included in the concept. He explained that he likes the concept as a place of gathering and that it includes
aspects that he favors.
Mr. Weinbach discussed the sculpture walk. He explained that this has been looked at in a very conceptual
way. He displayed a map that showed the location of the sculpture walk including existing and proposed
additions. He displayed pictures of examples of another sculpture walk/park. He discussed the potential uses
of the sculpture walk that includes bicyclers, walkers, and others. There are proposed bridges across the levee.
He discussed another component along the Illinois River in Riverfront Park and next to Bass Pro Shops. The
concept is for a linear park setting with sculptures. He discussed using native plants that once established do
not require much maintenance.
Commissioner Densberger asked about a mechanism to provide the sculptures. Mr. Weinbach explained that it
can be a combination of permanent and temporary ones. He explained that a sculpture park in Evanston,
Illinois was generated by a single donor. There are permanent and rented or rotated sculptures. He anticipates
a mixture of both in East Peoria. He explained that the more sculptures that you can get the better and the
more you change the sculptures the better.
Director Livingston discussed federal funding coming through the State through a grant that he hopes will still
come through to the City. He discussed the bones for the walk being there and making connections as the
funds are available. This is a vision for the future.
Page 2
Mayor Mingus asked for additional comments from City Council. There was no response.
Mayor Mingus asked for comments from the audience. Bob Jorgensen of East Peoria asked about a water
garden being possible for rainwater control. Director Livingston explained that it may lend itself to those
rainwater controls to assist in watering the plants and grasses.
Mayor Mingus asked for any additional questions or comments. There was no response.
Director of Buildings and Inspection, Robert Cole, and Residential Building Inspector, Steve Minner, began
discussions about Buildings and Inspections Fees and Proposed Changes. Director Cole discussed the regional
partnership with Peoria, Pekin, Washington, Counties, and others. He discussed the need for consistency
across municipal lines. He discussed increasing efficiencies in the Department. He explained that the
proposed fees represent efficiencies and additional inspections required.
Inspector Minner began discussions about the fee schedule. He discussed a packet handed out that includes
code changes that would be required. He discussed East Peoria calculating new construction for residential
differently than other municipalities. The City was not following inflation so the department is recommending
using a higher multiplier for calculating new construction. He discussed other permit fees and proposed
changes. He discussed plumbing fees in the City Code and recommended changes to the City Code. There
was a discussion about educating the public on when permits are required. There was a discussion about a
refundable inspection deposit. Inspector Minner discussed electrical fees and those proposed fee changes and
City Code proposed changes. He discussed further changes to the City Code.
Mayor asked Council for any questions or comments. Commissioner Densberger explained that this is a lot of
information to digest and this is an information session for City Council to look at now and in the future.
Mayor Mingus asked for another working session in the future.
Commissioner Joos explained that he was a little confused by raising new construction fees and that new
construction is not busy. He asked why we have not had a working session on neighborhood blight when it is
one of the City Council’s top priorities.
John Kahl of East Peoria explained that he agrees with Commissioner Joos.
Jeff Giebelhausen of East Peoria explained that what the City needs to be doing is waiving or cutting fees to
promote residential growth.
Motion by Commissioner Densberger, seconded by Commissioner Jeffers; Mr. Mayor, I move you that we
adjourn the meeting.
Yeas: Commissioners Densberger, Jeffers, Joos, and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried and the meeting adjourned at 5:58 P.M.
__/s/ Morgan R. Cadwalader___________________
Morgan R. Cadwalader, City Clerk
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WHEREAS, the 48 community colleges within 39 college districts in Illinois serve nearly one
million residents each year; and
WHEREAS, the Illinois Community College System is the third largest in the nation; and
3
WHERAS, nine out of 10 of Illinois' community college graduates choose to remain in Illinois
after graduation to live, work, pay taxes and raise their families; and
WHEREAS, the b enefits of earning an Associate in Applied Science or long-term certificate
an Illinois community collge
e
translates to an average of more than$ 570, 000 in lifetime
from
earnings; and
WHEREAS, nearly 74 percent of Illinois employers have hired a community college student; and
WHEREAS, Illinois community colleges partnered with local school districts to offer 8,780 dual
credit courses to 82, 895 high school students; and
WHERAS, the colleges within the Illinois Community College System share a common mission
to prepare people for college and the workforce, to transfer to other colleges and universities,
and continually respond to the communities they serve through adult, literacy and continuing
education services;
NOW, THEREFORE, I, DAVID W. MINGUS, Mayor of the City of East Peoria, Illinois, do
hereby proclaim the month of April as Community College Month in the City of East Peoria.
IN WITNESS WHEREOF, I, have hereunto set myY hand and caused the seal of the City
tY of
City of East Peoria, Illinois to be affixed this 31st day of March, 2015.
MAYOR
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ATTEST:
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CITY CLERK
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Resolution No. 1415-109
100 South Main Street
East Peoria, Illinois 61611
Phone: (309) 698-4715
Fax:
(309) 698-4747
David W. Mingus
Mayor
COMMISSIONERS
Benjamin C. Joos
Public Health & Safety
Gary R. Densberger
Dept. of Accounts & Finance
Daniel S. Decker
Dept. Streets &
Public improvements
Timothy J. Jeffers
Dept. Public Property
_________
J. Thomas Brimberry
City Administrator
Morgan Cadwalader
City Clerk
TO:
TheHonorableMayorDavidMingusandMembersofthe
CityCouncil
THRU: TomBrimberry,CityAdministrator
FROM: DATE: RobertCole,DirectorofBuildingsandInspectionsand
MattBerger,ITCoordinator
SUBJECT:
AnnualMicrosoftLicensingRenewal
March12,2015
DISCUSSION: Thecity’sfirstyearofitsthreeyearMicrosoftlicensing
agreementexpiresonMarch31,2015.Itisnecessarytorenewthis
licensingforthesecondyearofthisagreement,expiringonMarch31,
2016.Thislicensingaffectstheoperationofallcityserversand
computers,mobiledevicesandphones.
RECOMMENDATION: Approvetheattachedrenewalquotesforyear
twoofthisthreeyearagreement.
Theresa L. Gualandi
Treasurer/Comptroller
Dick Ganschow
Police Chief
Matt Berger
IT Coordinator
Office: (309) 427-7741
Email: [email protected]
William J. Darin
Fire Chief
Ty Livingston
Director of Planning and
Community Development
Steven J. Ferguson
Director of Public Works
Douglas E. McCarty
Director of Tourism &
Special Events
Robert Cole
Director of Buildings &
Inspections
Dennis R. Triggs
City Attorney
-
“EAST PEORIA HOME OF THE FESTIVAL OF LIGHTS”
RESOLUTION NO. 1415-109
East Peoria, Illinois
, 2015
RESOLUTION BY COMMISSIONER _______________________________
RESOLUTION APPROVING MICROSOFT SOFTWARE LICENSING RENEWAL
FOR THE CITY
WHEREAS, the City’s Annual Budget for Fiscal Year 2014-15 provides for the
continued procurement of the Microsoft Software Licensing Renewal for use by all
departments of the City; and
WHEREAS, the Microsoft Software Licensing Renewal costs are estimated not to
exceed $28,175.50; and
WHEREAS, the City’s Budget for Fiscal Year 2014-15 provides sufficient funds for
the Renewal of the Licenses; and
WHEREAS, it is in the best interests of the City to procure the Renewal of the
Microsoft 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 Microsoft Software Licenses in a total amount not to
exceed $28,175.50; provided, however, that the City shall have no obligation under the
terms of this Resolution until all necessary documents have been delivered to the
Licensing Company.
APPROVED:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
SALES QUOTE
Sales Quote No: 13567
Date: 3/11/15
Account No: E00500
2450 N. Knoxville Avenue Peoria, IL 61604
P: 309-685-8400 F: 309-685-9522
Bill To:
East Peoria, City of
100 S. Main Street
Attn: Matt Berger
100 S. Main Street
Ship To:
East Peoria, IL 61611
USA
Sales Person
USA
P.O. Number
Cory G. Knoll
Ship Method
Payment Terms
Quote Expires On
email
Net 30
4/10/15
Notes
Microsoft Open Value 2nd year Subscription renewal Agreement # V8844449 Expires 03-31-2017
Matt Berger [email protected]
Item No
Description
Quantity
UM
Price
Disc
Amount
W06-01123
Microsoft Core CAL Suite, OV License w/SA, 1YR Enterprise device CAL
13.00
EA
$46.00
0.00
$598.00
W06-01141
Microsoft Core CAL Suite, Enterprise - user OVS AddProd Lic
w/SA 1-year
136.00
EA
$53.00
0.00
$7,208.00
312-03719
Microsoft Windows Exchange Server 2013 Standard Edition
,OLV Level D,Lic w/ SA, Addtl Prod, 1-year
1.00
EA
$201.00
0.00
$201.00
5HU-00046
Microsoft Lync Server 2013 OLV Level D AddProd Lic w/SA
1-year
1.00
EA
$1,033.00
0.00
$1,033.00
021-09108
Microsoft Office Standard Edition License with SA OLV 1 year
24.00
EA
$122.00
0.00
$2,928.00
76P-00739
Microsoft Office SharePoint Server OVS Lic/SA LevelD 1yr AP
1.00
EA
$1,926.00
0.00
$1,926.00
D87-03975
Microsoft Visio Professional Software Assurance License
Government OLV NL 1Yr / Acq Y1
3.00
EA
$158.00
0.00
$474.00
6VC-00855
Microsoft Remote Desktop Services CAL-user, OLV Level D,
AddProd Lic w/SA,1-year
5.00
EA
$28.00
0.00
$140.00
P73-05631
Microsoft Windows Server 2012 Std Ed 2-Proc OLV Level D
AddProd Lic w/SA 1-year
16.00
EA
$250.00
0.00
$4,000.00
76A-00361
Microsoft Enterprise CAL, LicSAPk, OLV Level D, 1-year, Ent
User-CAL w/ Services
26.00
EA
$119.00
0.00
$3,094.00
76A-00360
Microsoft Enterprise CAL, LicSAPk, OLV Level D, 1-year, Ent
Device-CAL w/ Services
2.00
EA
$104.00
0.00
$208.00
7NQ-00146
Microsoft SQL Server 2013 Std Ed 2-Core OLV Level D
AddProd Lic w/SA 1-year
2.00
EA
$1,016.00
0.00
$2,032.00
YEG-00151
Microsoft Lync Plus CAL - user, LicSAPk, OLV Level D,
Additional Product, 1-year
23.00
EA
$35.00
0.00
$805.00
TERMS: Full payment due upon receipt of this invoice, Balances past due 30 days are subject to 1.5% service
charge per month. Use of a credit card to pay terms account will be subject to a 3% handling fee. Thank you
for your business.
Invoice Subtotal:
$24,647.00
Discount:
$0.00
Freight:
$0.00
-AU1:
$0.00
Total Tax:
$0.00
Invoice Total:
$24,647.00
NT
GST: 37-0841284
309-685-8400
Page 1 of 1
SALES QUOTE
Sales Quote No: 13625
Date: 3/11/15
Account No: E00500
P: 309-685-8400 F: 309-685-9522
Bill To:
100 S. Main Street
Attn: Matt Berger
100 S. Main Street
Ship To:
USA
Sales Person
USA
P.O. Number
Ship Method
Payment Terms
Quote Expires On
email
Net 30
4/10/15
Cory G. Knoll
Notes
Microsoft Open Value 2nd year Subscription Add-on Quote for Agreement # V8844449 Expires 03-31-2017
Matt Berger [email protected]
Item No
Description
Quantity
UM
Price
Disc
Amount
76A-00883
Microsoft Enterprise CAL Suite,SA Step Up, OLV Level D,
1-year, CoreCAL Ent User CAL w/Services
21.00
EA
$66.50
0.00
$1,396.50
76A-00361
Microsoft Enterprise CAL Suite, LicSAPk, OLV Level D, 1-year,
Ent User-CAL w/ Services
2.00
EA
$119.00
0.00
$238.00
YEG-00140
Microsoft Lync Plus CAL - device, LicSAPk, OLV Level D,
2.00
EA
$30.50
0.00
$61.00
YEG-00151
Microsoft Lync Plus CAL - user, LicSAPk, OLV Level D,
25.00
EA
$35.00
0.00
$875.00
D87-03975
Microsoft Visio Professional Software Assurance License
Government OLV NL 1Yr / Acq Y1
3.00
EA
$158.00
0.00
$474.00
228-07282
Microsoft Windows SQL Server Std Ed, English,Lic/SA, OLV D,
1YR Acq, 2YR addtl Product
1.00
EA
$484.00
0.00
$484.00
TERMS: Full payment due upon receipt of this invoice, Balances past due 30 days are subject to 1.5% service
charge per month. Use of a credit card to pay terms account will be subject to a 3% handling fee. Thank you
for your business.
Invoice Subtotal:
$3,528.50
Discount:
$0.00
Freight:
$0.00
-AU1:
$0.00
Total Tax:
$0.00
Invoice Total:
$3,528.50
NT
GST: 37-0841284
309-685-8400
Page 1 of 1
TO:
The Honorable Mayor and the City Council
THRU:
J. Thomas Brimberry, City Administrator
FROM:
Ty Livingston, Director of Planning & Community Development
DATE:
March 12, 2015
SUBJECT:
Trail Signage
BACKGROUND: Over the past few years, staff has been meeting with a local group of cyclists
and park district representatives (both Peoria and Fondulac) to discuss signage improvements to our
hiking biking trail now that it is completed – the segment which runs through the entire City from
the foot of the Bob Michael Bridge to the Morton village limits.
The signs proposed here are basic, way-finding signage to identify the name of the trial – The River
Trail of Illinois - along with providing guidance to trail users on where to find places to eat,
restrooms, shop, etc… It has also been shown that trail users are an untapped source of customers
for our businesses and since we have so many located along the trail between River Road and Main
Street, it just makes sense for us to offer some information along the trail which will aid hikers and
bikers, alike, the means to find them. Given this economic development connection, the funds for
this pilot program will come from the City’s New Markets Tax Credit proceeds.
The City received three bids from area sign shops and Vital Signs was the low bid at $2,148. Public
Works will install these posts at appropriate locations.
RECOMMENDATION:
Approval as presented.
________________, 2015
RESOLUTION BY COMMISSIONER
WHEREAS, the City has solicited proposals for the installation of signage along
that portion of the River Trail of Illinois located within the corporate limits of the City (the
“Project”); and
WHEREAS, Vital Signs, Inc. (the “Contractor”) has offered to complete the Project
under the terms and conditions set forth in the proposal attached hereto labelled as
“Exhibit A” (the “Proposal”) at a total cost of $2,148.00.
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his
designee is hereby authorized and directed to accept the Proposal on behalf of the City;
provided, however, that the City shall have no obligation under the terms of this
Resolution until an executed original of the Proposal has been delivered to the Contractor.
APPROVED:
________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A
3/12/2015
Vital Signs Estimate #47351
Prepared For:
Prepared By:
CITY OF EAST PEORIA
Christina Alcaraz-427-7772
Tim
Vital Signs Inc
2349 washington rd
washington, illinois 61571
Phone: 3097459361
Alt. Phone:
E-Mail: [email protected]
Phone: 427-7606
Fax:
Alt. Phone:
E-Mail: [email protected]
Fax:
3097458774
Description:
Trail Signs
Estimated time for production:
Quantity
8
10 working days
Description
Each
10 x 10 x 8' Treated lumber posts
Total
123.00
$984.00
32
8' x 8" .080 aluminum Signs digital graphics with graphiti proof lam
18.00
$576.00
16
12.00
$192.00
20
10.50
$210.00
160.00
$160.00
26.00
$26.00
1
Install only signs on post that EP installs in ground
1
stainless 1 way screws
Subtotal
$2,148.00
Total
$2,148.00
Taxable
Terms:
Estimate Good for 30 Days, Terms 30 Days Net:
In the event we must enforce our rights under this Agreement after your failure to pay all charges due within 30 days of our
first Invoice, you must pay all charges to include collection agency fees, which are typically 33% to 50% of the unpaid
balance, reporter's fees, for depositions and at trial expenses we incur in enforcing our rights under this Agreement. Also, in
the event that you have not paid all charges due within 30 days of our first Invoice, a finance Charge will
begin to accrue at the rate of eighteen percent (18%) per annum.
By my signature, I have read and understand terms, and authorize work to begin and agree to pay the above amount in full
according to the terms on this agreement.
Date
Signed by
Page 1 of 1
Amt. Paid Today
MEMORANDUM
March 13, 2015
TO:
Mayor David W. Mingus and Members of City Council
THRU: Tom Brimberry, City Administrator
FROM: City Attorney’s Office (Scott A. Brunton)
SUBJECT:
Resolutions for the City’s Group Health Care Plan
(1) Resolution Regarding Employee Contribution Rates for the City’s
Group Health Insurance Plan
(2) Resolution Regarding Reinsurance Carrier for the City’s Group Health
Insurance Plan
_____________________________________________________________________
DISCUSSION:
Annually, the City’s Insurance & Benefits Committee reviews the City’s self-funded
Group Health Care Plan and the financial status of the Plan. With the assistance of
Consociate (the Third Party Administrator for the City’s Health Care Plan), the
Committee has again completed this annual review process.
As a part of this annual review process, the Insurance Committee adjusts the Plan
contribution rates for plan options under the City’s Health Plan for the City and the City’s
employees for the upcoming plan year. Due to lower medical inflation for the past year
and the City-wide move to the reduced benefit PPO plan option on January 1, 2015, the
Plan’s overall financial picture has seen a slight decrease in costs for the upcoming year
for both reinsurance and claims funding. Accordingly, effective May 1, 2015, the
monthly employee contribution rates for the two plan options are as follows (the change
from current rates are shown in parentheses):
Individual
Individual + Child(ren)
Individual + Spouse
Family
PPO Plan
High Deductible Plan
$155.12
$280.64
$327.40
$483.32
$125.12
$235.64
$277.40
$408.32
(-3.78)
(-6.48)
(-7.50)
(-10.90)
(-26.28)
(-41.48)
(-45.00)
(-65.90)
As a reminder, all rate adjustments (increases and decreases) are split evenly between
the City and the City employees when the new rates are set. With regard to the High
Deductible Plan option, as participation rates have been extremely low, the contribution
rates have also been adjusted to make this plan option a more attractive option.
The Insurance Committee is also recommending maintaining the $25 per month
wellness incentive for employees participating in the City’s wellness program. Further,
the Insurance Committee is recommending that the City maintain the current HSA
(health savings account) contributions for active employees who enroll in the High
Deductible Plan option under the City’s Health Plan (Individual coverage: $50 per
month; Individual + Children coverage and Individual + Spouse coverage: $75 per
month; and Family coverage: $100 per month).
As you may recall, the Insurance Committee has recommended shifting the enrollment
period for the City’s Health Plan from the month of December to the month of April.
This shift in the enrollment period will allow employees to review the new contribution
rates for both of the plan options and determine which option is the best choice for the
employee for the upcoming 12-month period. This shift in the enrollment period was
approved by the City Council in November 2014, and this shift is now being
implemented for this upcoming fiscal year and will remain in place for future fiscal years,
as the upcoming enrollment period will take place this April for the upcoming 2015-16
fiscal year that starts on May 1, 2015.
Regarding the Committee’s annual review of reinsurance rates for the Plan, the
Committee is recommending that the City approve a reinsurance contract with HM Life
(as underwritten by Consociate) for the upcoming fiscal year, as HM Life has again
provided the most competitive rates. HM Life has provided the City’s reinsurance
coverage during the past several fiscal years.
Additionally, the Committee is
recommending that the City increase the annual specific deductible for each covered
individual from $100,000 to $110,000 as provided in the reinsurance contract with HM
Life. The second resolution approves the reinsurance policy with HM Life at this
individual specific deductible rate. The determination of the Plan contribution rates (and
ultimately the employee contribution rates) is primarily based upon the reinsurance
rates and the associated funding rates received from the City’s reinsurance carrier.
RECOMMENDATION:
The Insurance & Benefits Committee, as well as our office, recommends that the
Council pass each of these two Resolutions.
c: Brad Lovell, Co-Chair of the Insurance & Benefits Committee
Teresa Durm
Terri Gualandi
DRT
, 2015
RESOLUTION BY COMMISSIONER _________________________________
RESOLUTION REGARDING EMPLOYEE CONTRIBUTION RATES
FOR THE CITY’S GROUP HEALTH INSURANCE PLAN
WHEREAS, the City of East Peoria maintains a self-insured group health care
plan (“Plan”) for the benefit of its employees, and the City’s Insurance & Benefits
Committee oversees the Plan; and
WHEREAS, under the Plan, two plan options are available for employee and
retiree participation, which includes the PPO plan (preferred provider option) and the
HDHP plan (high deductible health plan option); and
WHEREAS, the Insurance Committee has undertaken their annual review of the
financial aspects of the Plan and contribution rates for the upcoming new plan year for
the Plan which begins May 1, 2015; and
WHEREAS, the Insurance Committee has accepted and approved the
administrative costs, reinsurance costs, and the funding costs for the new fiscal Plan
Year which will change employee monthly contribution rates for the two plan options as
provided below; and
WHEREAS, the Insurance Committee seeks to continue offering the $25 per
month wellness incentive to employees participating in the Plan who participate in the
City’s wellness program as a means to improve the health and welfare of the
participating employees and as a means to lead to long-term cost savings for the Plan;
and
WHEREAS, the Insurance Committee also seeks to continue providing an
incentive for employees to choose the HDHP plan option by providing City-funded
contributions to an employee’s health savings account (HSA) for employees choosing
coverage under the HDHP plan option, while also making the employee contribution
rates more attractive for all tiers of the HDHP plan option; and
WHEREAS, the Insurance Committee, by a proper vote, has approved these
recommended adjustments to the employee contribution rates for both Plan options that
will be effective at the beginning of the new Plan year on May 1, 2015;
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. The City adopts the recommendation made by the Insurance
Committee to change the employee monthly contribution rates for the City’s PPO plan
option effective May 1, 2015, as follows:
PPO Plan
Individual
Individual + Spouse
Family
$155.12
$280.64
$327.40
$483.32
Committee to change the employee monthly contribution rates for the City’s HDHP plan
option effective May 1, 2015, as follows:
HDHP Plan
Individual
Individual + Spouse
Family
$125.12
$235.64
$277.40
$408.32
Section 3. The City further adopts the recommendation made by the Insurance
Committee to continue offering the $25.00 per month wellness incentive for employees
participating in the City’s Wellness Plan, as defined by the City’s Wellness Committee,
during the Plan year commencing May 1, 2015, and ending on April 30, 2016.
Section 4. The City also adopts the recommendation made by the Insurance
Committee to continue offering the City’s contribution into a Health Savings Account
during the 2015-2016 fiscal year for employees enrolled in the High Deductible Health
Plan at the rates of $50 per month for Individual coverage, $75 per month for Individual
plus Children coverage, $75 per month for Individual plus Spouse coverage, and $100
per month for Family coverage
Section 5. The City Treasurer and the City’s Human Resources Director are
hereby authorized and directed to take appropriate action as necessary to implement
the new employee contribution rates for the City’s Plan effective May 1, 2015.
APPROVED:
________________________________
Mayor
ATTEST:
______________________________
City Clerk
MEMORANDUM
March 13, 2015
TO:
SUBJECT:
Resolutions for the City’s Group Health Care Plan
(1) Resolution Regarding Employee Contribution Rates for the City’s
Group Health Insurance Plan
(2) Resolution Regarding Reinsurance Carrier for the City’s Group Health
Insurance Plan
_____________________________________________________________________
DISCUSSION:
Annually, the City’s Insurance & Benefits Committee reviews the City’s self-funded
Group Health Care Plan and the financial status of the Plan. With the assistance of
Consociate (the Third Party Administrator for the City’s Health Care Plan), the
Committee has again completed this annual review process.
As a part of this annual review process, the Insurance Committee adjusts the Plan
contribution rates for plan options under the City’s Health Plan for the City and the City’s
employees for the upcoming plan year. Due to lower medical inflation for the past year
and the City-wide move to the reduced benefit PPO plan option on January 1, 2015, the
Plan’s overall financial picture has seen a slight decrease in costs for the upcoming year
for both reinsurance and claims funding. Accordingly, effective May 1, 2015, the
monthly employee contribution rates for the two plan options are as follows (the change
from current rates are shown in parentheses):
Individual
Individual + Spouse
Family
PPO Plan
High Deductible Plan
$155.12
$280.64
$327.40
$483.32
$125.12
$235.64
$277.40
$408.32
(-3.78)
(-6.48)
(-7.50)
(-10.90)
(-26.28)
(-41.48)
(-45.00)
(-65.90)
As a reminder, all rate adjustments (increases and decreases) are split evenly between
the City and the City employees when the new rates are set. With regard to the High
Deductible Plan option, as participation rates have been extremely low, the contribution
rates have also been adjusted to make this plan option a more attractive option.
The Insurance Committee is also recommending maintaining the $25 per month
wellness incentive for employees participating in the City’s wellness program. Further,
the Insurance Committee is recommending that the City maintain the current HSA
(health savings account) contributions for active employees who enroll in the High
Deductible Plan option under the City’s Health Plan (Individual coverage: $50 per
month; Individual + Children coverage and Individual + Spouse coverage: $75 per
month; and Family coverage: $100 per month).
As you may recall, the Insurance Committee has recommended shifting the enrollment
period for the City’s Health Plan from the month of December to the month of April.
This shift in the enrollment period will allow employees to review the new contribution
rates for both of the plan options and determine which option is the best choice for the
employee for the upcoming 12-month period. This shift in the enrollment period was
approved by the City Council in November 2014, and this shift is now being
implemented for this upcoming fiscal year and will remain in place for future fiscal years,
as the upcoming enrollment period will take place this April for the upcoming 2015-16
fiscal year that starts on May 1, 2015.
Regarding the Committee’s annual review of reinsurance rates for the Plan, the
Committee is recommending that the City approve a reinsurance contract with HM Life
(as underwritten by Consociate) for the upcoming fiscal year, as HM Life has again
provided the most competitive rates. HM Life has provided the City’s reinsurance
coverage during the past several fiscal years.
Additionally, the Committee is
recommending that the City increase the annual specific deductible for each covered
individual from $100,000 to $110,000 as provided in the reinsurance contract with HM
Life. The second resolution approves the reinsurance policy with HM Life at this
individual specific deductible rate. The determination of the Plan contribution rates (and
ultimately the employee contribution rates) is primarily based upon the reinsurance
rates and the associated funding rates received from the City’s reinsurance carrier.
RECOMMENDATION:
Council pass each of these two Resolutions.
Teresa Durm
Terri Gualandi
DRT
, 2015
RESOLUTION BY COMMISSIONER _________________________________
RESOLUTION REGARDING REINSURANCE CARRIER
FOR THE CITY’S GROUP HEALTH INSURANCE PLAN
WHEREAS, the City of East Peoria maintains a self-insured group health care plan
(“Plan”) for the benefit of its employees, and the City’s Insurance and Benefits Committee
oversees the Plan; and
WHEREAS, in order to secure the financial viability of the Plan, the City obtains
reinsurance (stop loss) coverage for the Plan which covers catastrophic claims made
against the Plan by persons covered under the Plan or catastrophic charges made
against the Plan by the group of covered persons as a whole; and
WHEREAS, the City’s Insurance and Benefits Committee has recently completed
their annual review of quotes for renewal of this reinsurance coverage from several
insurance companies in an effort to obtain the best coverage at the lowest cost to the City
and its employees; and
WHEREAS, the City’s Insurance and Benefits Committee has also recently
reviewed the appropriate level of deductible for the individual specific reinsurance
coverage that is obtained as part of the City’s reinsurance coverage for the Plan, and has
determined that it is in the best interests of the City and the Plan to increase the individual
specific deductible from $100,000 to $110,000 per year; and
WHEREAS, the Insurance Committee has reviewed the quotes for reinsurance
coverage for the Plan for the upcoming 2015-2016 fiscal year, and recommends that the
City contract with HM Life (the City’s current reinsurance coverage provider) for the 20152016 fiscal year based upon the quotes for individual specific monthly premium rates for
single coverage at $86.64 per employee and family coverage at $202.19 per employee
and for aggregate monthly premium rates at $7.53 per employee;
Committee to obtain reinsurance coverage for the City’s Group Health Care Plan from
HM Life for the 2015-2016 fiscal year at the rates set forth above and to increase the
individual specific deductible to $110,000 per year. Further, this Resolution ratifies any
prior action taken by City officials to lock in these quoted rates with HM Life for the 20152016 fiscal year.
Section 2. The Mayor, or his designee, is hereby authorized to take the necessary
action to execute and implement an agreement for the reinsurance coverage as described
above for the 2015-2016 fiscal year that begins May 1, 2015.
APPROVED:
________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
Ordinance No. 4220
ORDINANCE NO. 4220
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY
LOCATED AT 3901 N. MAIN STREET IN THE CITY OF EAST
PEORIA, TAZEWELL COUNTY, ILLINOIS
WHEREAS, East Peoria Grade School District No. 86 (the "Petitioner") has
petitioned for a special use to allow a bus garage, storage yard and mechanical repair
facility on real property zoned as “M-1 Manufacturing District, Limited” 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, 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
Section 1. A special use to allow a bus garage, storage yard and mechanical
repair facility on the Property is hereby approved.
Section 2. The continuation of the special use hereby authorized is contingent upon
continual compliance with all applicable provisions of the City Code and the following
special condition:
1.
Petitioner shall submit a site plan approved by the Director of Planning and
Community Development showing compliance with all requirements imposed by the
Zoning Code, including, without limitation, those relating to parking and
landscaping.
Upon the violation of or failure to comply with the forgoing condition 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.
1 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 3 Resolution No. 1415-114
__March 31, 2015
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;
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.
APPROVED:
Mayor
ATTEST:
City Clerk
MEMORANDUM
March 26, 2015
TO:
SUBJECT: Resolution Revising Membership of Insurance Committee
_____________________________________________________________________
DISCUSSION:
The Insurance Committee has recently reviewed the membership positions on the
Committee. In May 2000, the City Council adopted Resolution No. 0001-05 forming the
Insurance Committee. The City Council adopted Resolution No. 0001-05 based upon a
Memorandum of Understanding (MOU) between the City and each of then-existing
employee unions that had been entered into during April 2000. That MOU, in part,
addressed formalizing the status of the Insurance Committee and its procedures.
Resolution No. 0001-05 and the MOU remain valid operational documents for the City’s
Insurance Committee.
Pursuant to Resolution No. 0001-05, the Insurance Committee is made up of 15
members as follows:
2 members of Police Officers’ bargaining unit
2 members of Fire Fighters’ bargaining unit
2 members of Telecommunicators’ bargaining unit
2 members of Public Works employees’ bargaining unit
1 member from 2 EastSide Centre bargaining units
1 non-union employee from EastSide Centre
1 non-union employee from City Hall
1 City retiree
City Clerk
City Administrator / Designee (HR Director)
City Attorney / Designee
For the last couple of years, the Insurance Committee has basically been operating with
only 14 members because the one seat for the two EastSide Centre bargaining units
has been vacant. This is due to the fact that one of the EastSide Centre bargaining
units no longer exists, and the other EastSide Centre bargaining unit only has one
remaining member.
Upon reviewing the membership positions of the Insurance Committee, the Committee
looked at all City employees to determine and ensure that all employees have an active
representative on the Committee. The Public Works bargaining unit members agreed to
include the one member of the EastSide Centre bargaining unit in their group for
purposes of representation on the Committee. Further, several Department Heads are
covered by their respective non-union employee representatives at EastSide Centre
and City Hall. For the purposes of this review, the Insurance Committee placed the
Buildings & Inspections Department employees in with “City Hall”, as these employees
will be moving to the new City Hall after it is constructed in the next year.
Upon completing this review, the following group of employees was left without having a
designated representative on the Committee: the command staff of the Police, Fire, and
Telecommunication Departments and their administrative assistants and the Director,
Supervisors, and administrative assistant for Public Works (collectively hereinafter
referenced as the “Command Staff”). This Command Staff group covers approximately
21 employees across these departments.
Thus, in an effort to bring the Insurance Committee back up to a full 15 members, the
Committee is recommending that the one seat on the Committee formerly filled by one
representative from the two EastSide Centre bargaining units be replaced.
The
Insurance Committee is recommending that this seat be replaced with one
representative from the group of employees comprising the Command Staff. As a
result, all City employees would then have a specified representative on the Insurance
Committee.
This Resolution makes this change to the membership of the Insurance Committee
such that the Command Staff shall now have a representative with a seat on the
Insurance Committee. The other 14 seats on the Insurance Committee will remain the
same.
RECOMMENDATION:
Council pass this Resolution.
Teresa Durm
DRT
________________, 2015
RESOLUTION REGARDING THE
CITY OF EAST PEORIA INSURANCE & BENEFITS COMMITTEE
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 then-existing 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 then-existing
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;
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
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.
APPROVED:
________________________________
Mayor
ATTEST:
_______________________________
City Clerk
TO:
Mayor David Mingus and Commissioners Dan Decker, Gary Densberger,
Tim Jeffers and Chad Joos
FROM:
Tom Brimberry, City Administrator t13
DATE:
March 23, 201' 5
SUBJECT:
Renewal of Marina Management Agreement
Attached is a revised EastPort Marina Management Agreement with Riverside Marina Management, aka
Mike Childers and staff. The Agreement is revised from previous Agreements to increase management
fee from $ 65,000 to$ 75,000, to increase bonus opportunity which is one-third net operating revenues
from $40,000 to$ 80,000( one-third net revenues would have been$ 67, 002 this past year when the
bonus was capped at$ 40,000), and decrease line item in budget for Vehicle Expense from $17, 200 to
8, 000.
Mike Childers has been HarborMaster four years now, beginning in 2011, and we have appreciated his
hands-on construction and maintenance operations and attention to the Marina' s finances and longterm sustainability. At times he has had to address customers who had below-market costs for slip
rentals arranged by the prior HarborMaster, and they have objected to this. Changes to the Agreement
will pay a fair management fee for the 24- hour/ 7- days week services provided during the boating
season, limit the Marina' s costs for vehicle purchase and operation, and incentivize activities to keep
and attract boating customers at EastPort.
RECOMMENDATIOM:
Approve the
attached
Marina Management Agreement.
, 2015
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;
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
EASTPORT MARINA
MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT (" Agreement") is
this
day of
2015, by and between the CITY OF EAST PEORIA, an Illinois Municipal
Corporation ( hereinafter referred to as the " City") and RIVERSIDE MARINA
MANAGEMENT, LLC, an Illinois limited liability company ( hereinafter referred to as
made
Riverside").
WHEREAS, the City owns property located within the City on the Illinois River and
known as Eastport Marina, consisting of a marina for recreational watercraft and other
related improvements, including but not limited to service, storage, fueling and launching
facilities for
watercraft ( hereinafter
collectively
referred
to
as "
Eastport");
and
WHEREAS, Riverside is located in and does business in the City; and
WHEREAS, Riverside has experience as a boater and assisted in maintaining a
public marina; and
WHEREAS, the City desires that Eastport shall be managed locally and that its
operations shall be fully integrated into the City's general operations; and
WHEREAS, the City is desirous of Riverside operating and managing Eastport for
succeeding boating seasons, and Riverside is willing to accept such appointment upon the
terms, conditions and for and in consideration of the fees hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1.
Appointments: The City hereby appoints Riverside as the sole managing agent
of Eastport and Riverside hereby accepts such appointment and agrees to manage and
operate Eastport in accordance with the terms and conditions of this Agreement.
2. Term:
Term: The term of this Agreement shall commence May 1, 2015
and continue thereafter until April 30, 2016. This term may be extended from
a)
year to year unless either party shall give the other party written notice,
consistent with § 18, at least 90 days prior to the end of any term that the
agreement shall not be automatically extended.
b)
Severe Damage:
substantially unusable so as not
In the event that Eastport is rendered
to be
usable
for
normal
business due to
storm, flood, fire, ice, or other cause, nothing in this Agreement shall require
the City to rebuild the damaged property.
3. Operation of Eastport:
Operation: In order to maximize and maintain the
economic value of Eastport and maximize profits and meet debt obligations
a)
Standard
of
of the City, Riverside covenants and agrees at all times to continuously
operate, manage and maintain the marina and related facilities in a first class
and superior manner, achieve a high level of customer satisfaction and shall,
in
connection
therewith, consistent with superior marina
management,
perform the services required of Riverside in the Agreement.
b)
Hours
of
Operation:
During the boating season, the Eastport
office shall be open seven ( 7) days per week, unless different hours are
established
in the
approved
Annual Plan. At all other times the office shall
be open on a regular business schedule as approved by the City in the
Annual Plan. Service and storage hours will flex with the seasonal demands
the business.
It is anticipated that service will generally operate on a 5. 5
day schedule with on call technicians being available from noon Saturday
through Sunday.
of
c)
Marketing: Immediately upon commencement of this Agreement,
during its term, Riverside will market Eastport so as to
maximize slip occupancy, drystack storage, and transient traffic each boating
season.
Riverside understands and acknowledges that achieving and
maintaining optimum occupancy levels is crucial to the success of Eastport.
A website will be developed for Eastport Marina' s marketing needs including
and
continuing
but not limited, transient docks rentals, seasonal dock rentals, and general
marketing of the facilities.
d)
Slip Rental Rates: Rental rates to be charged for slips shall be
in the
budget.
Riverside may, however, after
consulting with and obtaining approval from the City Administrator offer
special temporary incentives in an effort to maximize long term slip
occupancy levels.
established
e)
approved annual
Boat Launch Operation: At the City's request, Riverside shall
operate and maintain the public boat launch and related improvements
Boat Launch")
as located on adjacent Fon du Lac Park District property as
operation.
Such responsibility shall include, but not be
limited to, collection of a reasonable boat launch fee as established by the
City; maintaining appropriate staffing to ensure safe and orderly operation;
part of
Eastport
performance of all appropriate repairs and maintenance to the Boat Launch,
surrounding property and channel ( excluding mowing of the area generally
2
bounded by the public boat launch, the public parking area on Park District
property, and the roadways connecting the same).
f) Pool:
Riverside shall operate and manage the swimming pool as
part of Eastport operation.
Such responsibility shall include, but not be
limited to, reasonable monitoring of persons utilizing the pool, maintaining
appropriate staffing to ensure safe and orderly operations; performance of all
appropriate repairs and maintenance to the pool and surrounding property.
g) Equipment Maintenance: Riverside shall also provide reasonable
maintenance of the Marina, including, but not limited to the forklifts and
computer equipment.
Annual Plan and Budget: During each year of the initial term or
during any extension, on or before February 1, Riverside will submit to the
City a comprehensive annual plan, including without limitation, marketing,
h)
sales,
succeeding
and
operations
and
contract year
related
for
approval
comprehensive
by
the
budgets,
City (" Annual
for
Plan").
the
The
annual operating budget included as part of the Annual Plan shall include,
without limitation, the anticipated income from all sources and expenses for
non- capital repairs and maintenance, materials and supplies, disbursement
and supporting information therefore, and a summary of anticipated capital
for the next contract year. The City shall by
expenditures and/ or repairs
March 1 of each such year, either approve the Annual Plan or give detailed
reasons for its disapproval. In the case of disapproval, Riverside will alter the
Annual Plan to
address
City
concerns.
The parties will make good faith
efforts to resolve any disputes in time for such Annual Plan to be properly
implemented
by
Riverside.
Once the Annual Plan is agreed to by the City,
Riverside will implement such Annual Plan without material deviation unless
it secures the prior written consent of the City, which consent shall not be
unreasonably withheld. In addition, Riverside shall not exceed any particular
line item
the
expense
entire
in the
budgeted
approved
expense
by
budget
more
by more than ten
than five
percent(
percent(
10%),
or
5%) without the prior
written consent of the City. In the event of budget discussions going beyond
Riverside shall operate under the budget set forth in the previous
Annual Plan until the new budget is finalized.
April 1,
It is understood by all parties that successful adherence to the annual
budget for all Eastport expenses is important to the financial success of
Eastport. Therefore, Riverside agrees that should the total of all Riverside
controlled expenses in their entirety exceed the approved budget for such
expenses
by
more
such approval
to
than 5%
not
without the prior written approval of the City
withheld), Riverside may be found at
be unreasonably
fault and that the City may, pursuant to the right to cure provisions contained
herein, dismiss Riverside and cancel this Agreement.
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i)
Public Nature
of
Eastport:
It is understood that Eastport is a
publicly owned marina and that the public shall, consistent with necessary
security for slip renters, have access to Eastport. Further, the City reserves
the right to utilize the Eastport facility for various public events, such as
festivals or similar celebrations, for not less than six days per year during the
boating season and without limitation during the off season. Riverside will
facilitate and help promote public events and generally welcome the public to
Eastport. Public ownership of Eastport shall be acknowledged and users
shall be treated as welcomed customers of or visitors to the City.
j) Boat Repairs and Part Sales: Riverside shall at all times strive to
provide quality boat repair and service, as well as limited boat parts and
accessories
for the
convenience of
boaters
at
Eastport.
To provide this
quality boat repair service, Riverside may lease space to a separate entity
that will employ one or more highly skilled marine mechanics to service boats
at Eastport. Income from the lease of space for this purpose shall be income
to EastPort. However, all costs associated with boat repair, the sale of boat
parts and accessories, and the overhead operational costs of the business
shall be the responsibility of the separate entity.
port at
k) Slip: Riverside shall have the right to one boat slip and one jet
no cost to Riverside. One of the two slips shall be for the purpose of
providing docking for a boat to be used as the residence of its principal,
Michael Childers. In the event a slip is in fact utilized for the docking of a
boat to be used as a residence for Michael Childers, said boat shall at all
times be well maintained and aesthetically pleasing so as not to detract from
The boat shall be utilized in a manner
compatible with the residential neighbor of Harbor Pointe.
the appearance
I)
of
Eastport.
Construction
improvements
at
Management:
Eastport,
With
respect
to
all
capital
Riverside shall function as a construction
manager, overseeing, by way of example, but not by way of limitation, the
construction of any new or renovated docks, buildings, parking lots and such
landscaping as may be authorized by the City. All capital improvements at
Eastport shall be authorized in the annual budget or authorized in writing by
the City Administrator.
4. Riverside' s Personnel:
a)
Riverside shall hire, pay and supervise all persons necessary to
be employed in order to properly market, maintain, operate and provide
security for Eastport, including marina office, service department, storage,
parts, seasonal attendants, boat launch, accounting, fuel docks, sanitary
pump-outs, etc., and to adequately keep records for Eastport in accordance
with standard marina operating practice and generally accepted accounting
principles.
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Riverside shall use due care and diligence in the hiring of such
employees; and cause
shall
employees
to be discharged
be the
all persons undesirable.
of
employees
All such
as an independent
Riverside,
contractor hereunder, and not the employees of the City. Because customer
relations
is
crucial
to
the
success
of
Eastport,
however,
employees
determined by the City Administrator to be unsatisfactory shall be released.
b)
Riverside
shall
pay
all employees
hired
pursuant
to § 4( a) and
shall maintain adequate payroll records and shall make and remit to proper
authorities all income tax deductions, unemployment insurance, worker's
compensation
payments,
social
security
payments,
pensions
and
other
similar deductions or payments which may from time to time be applicable to
such persons or other similar employees of
Riverside. Riverside shall pay
the costs of standard medical insurance, including hospitalization, medical,
surgical and group life insurance plans hereinafter imposed by or included in
agreements implemented with the consent of the City as indicated by
approval of the annual budget, such approval to not be unreasonably
withheld.
Whenever possible, Riverside shall use administrative resources
of the City so as to minimize administrative costs of Eastport.
c)
Riverside shall cause to be prepared and filed the necessary
forms for unemployment insurance, social security and withholding taxes,
and all other forms required by any federal, state or municipal authority or
insurance company with respect to all persons employed pursuant to this
All costs of personnel including but not limited to salaries, wages, and
benefits shall be Expenses of Operation of Eastport.
4).
d)
During the term of this Agreement, Riverside shall cause its
principal, Michael Childers, to provide management services on behalf of
Riverside in connection with its management of Eastport, such management
services of Michael Childers shall not be considered expenses of operation
of
Eastport.
Subject only to direction from the City Administrator, Michael
Childers shall be in charge of all aspects of Eastport operations and shall
Riverside acknowledges that this Agreement is
serve as Harbor Master.
contingent upon Michael Childers' s personal participation and, therefore,
Riverside warrants that Michael Childers shall not cease to be a majority
shareholder of Riverside, director of Riverside or its president without written
consent of the City and should Michael Childers transfer a majority interest in
the
corporation
( voluntary
or
involuntary) or cease to be a director and
president, or for any reason cease serving as Harbor Master, this Agreement
may be immediately terminated by the City at its absolute discretion.
Riverside may not assign this Agreement to a corporate entity of which
Michael Childers is not a majority shareholder and any assignment shall be
subject to the reasonable approval of the City.
5
All Riverside employees shall undergo a thorough orientation and
training program, with key emphasis on customer service skills, safety and
accident
prevention,
and
environmental
compliance.
All
Riverside
employees shall be in uniform while on duty.
5. Maintenance, Repair and Purchase of Materials:
Riverside shall maintain Eastport, Boat Launch ( unless the City
a)
makes other arrangements for maintenance of the Boat Launch) and Pool
and property surrounding either in a condition similar to that of other first
class marina operations, and shall cause repairs and alterations of Eastport,
Boat Launch and Pool and the improvements associated with them,
including, without limitations, cleaning, plumbing, electrical, carpentry,
decorating and such other similar repairs, alterations, acquire materials and
engage services to ensure such maintenance and repairs( excluding mowing
of the area generally bounded by the public boat launch, the public parking
area on
Park District property,
and
the
roadways
connecting the
same), and
acquire the same upon the most reasonable possible terms available to
Riverside consistent with the operation of a first class marina. Riverside shall
cause Eastport, Boat Launch and Pool and property surrounding them to be
kept free from debris and other accumulations and shall cause any rubbish
to be removed promptly therefrom.
Riverside shall at all times provide
access to all Eastport areas to the City for purposes of inspecting for
compliance with this section.
b)
Riverside shall routinely discuss with the City Administrator the
alternative of utilizing existing City equipment and employees to maintain and
repair Eastport and the Boat Launch and Pool whenever it may be
to
City resources. If it is the decision of the
City Administrator to utilize City resources, then Riverside shall do so as to
economical
utilize such
existing
minimize the Expenses of Operation.
c)
Riverside shall cause all acts to be performed in and about
Eastport and Boat Launch and Pool as shall be necessary or desirable to
comply with any and all orders, codes, regulations or ordinances affecting
Eastport or Boat Launch or Pool imposed by any federal, state or local
authority.
d)
All legitimate expenditures provided for in the Annual Plan
incurred in accomplishing the responsibilities outlined in 5( a) shall be
considered as Expenses of Operation of Eastport and shall be paid from the
Eastport operating account as per the terms of normal trade or specific
agreement.
Unless otherwise specifically set forth in the Annual Plan approved by
the City, repairs, alterations or purchases of materials and services therefore,
6
involving an expenditure of more than Two Thousand Five Hundred Dollars
2, 500) for any one item, shall be made only with the prior approval of the
City Administrator.
6. Contracts:
a)
above,
Subject to limitations
set
forth in the Annual Plan
and
in § 3( h)
Riverside on behalf of the City shall enter into contracts and
agreements for ordinary and usual maintenance of Eastport, electricity, gas,
telephone, cleaning, landscaping, rubbish removal, security, or other services
or such of
them
as
Riverside
shall
deem
advisable.
Riverside on behalf of
the City shall purchase all supplies which shall be necessary to properly
operate Eastport.
b)
Riverside shall promote and protect the City' s interest under the
condominium agreement for the building housing Eastport' s administrative
office and private commercial
property. Riverside shall assure that the City
pays only its percentage share of all condominium association maintenance
and other costs. An accounting of all matters relating to the condominium
association shall be included under the Annual Plan and Budget referenced
in § 3( h) and reports due under § 9.
c)
Notwithstanding anything in this Agreement to the contrary, all
contracts relating to the collection of revenues including, but not limited to,
slip rental contracts and contracts for any other revenue source shall be in
the name of the City and the property of the City. All customer lists, including
names, addresses and telephone numbers, and location of boats, shall be
the property of the City.
d)
The City's officers or designated agents shall have the right to
inspect and copy all contracts and agreements entered into by Riverside with
respect to Eastport and all other information relating to Eastport at
reasonable times.
7. Collection and Remission of Revenues:
Riverside will, for and on behalf of the City, collect all revenues or
income derived from slip rentals, transient rentals, drystack, dry dock, fuel
sales, winter storage, trailer storage, boat club, pool, the detail shop, boat
launch fees and any and all other income producing activity at Eastport
a)
for boat repairs, part and accessory sales and boat
revenues and income shall constitute the " Revenues".
except
7
rentals.
Such
b) All monies received by Riverside for and on behalf of the City shall
be and remain the property of the City and shall be deposited promptly in the
No
City' s
Eastport
accounts at
a
financial institution
by
specified
the
City.
such monies shall be mingled with the funds of Riverside nor the City general
All funds withdrawn from the " Eastport Account" by a Riverside
representative shall be withdrawn only by those representatives to whom the
accounts.
City has granted the power to sign checks against the City Eastport Account.
Riverside shall, on behalf of the City, in order to fulfill its obligations under
6( b), serve as custodian of a separate account for the condominium
association.
8. Payment of Expenses:
a)
Subject to the limitations in the Annual Plan
and
in § 3( h) and
5( d) above, Riverside shall, and is hereby authorized on behalf of and at the
sole cost of the City, make all necessary disbursements out of the Eastport
Account for Expenses of Operation.
During the term of this Agreement, the City agrees to maintain a
balance in the fund in an amount sufficient to permit Riverside to pay
necessary expenditures pursuant to this Agreement and the Annual Plan. In
the event that at any time there be insufficient funds available in the Eastport
Account to pay such expenses, the City agrees to immediately supply
Riverside with funds to make such payments or allow Riverside to retain
sufficient funds from all revenues or income of sales received to make such
The City agrees to reimburse Riverside promptly for any
payments.
disbursement which Riverside may elect to advance for the Eastport Account
of the City pursuant to the terms of this Agreement.
Expenses of Operation" as used in this Agreement, shall include any
costs of sales attributable to those revenues or income belonging to or
collected on behalf of the City, direct or indirect cost of operation and
expenses incurred in the operation of Eastport including, without limitations,
costs
personnel
and
benefits,
insurance,
advertising
and
marketing
expenses, utility costs, taxes, fuel costs, cost of inventory and all other costs
of operating all facets of Eastport including management fees paid to
Riverside. "
Expenses of Operation" shall not include, however, debt service
amortization
or
other
charges
relating
to
Eastport
debt
obligations.
Expenses of Operation" shall not include capital outlays, but shall include
reasonable depreciation costs determined according to accepted accounting
practices.
b)
Riverside shall ensure that all employees with access to receipts
are bonded in an amount mutually agreed by the parties hereto or Riverside
shall maintain sufficient dishonest employee insurance coverage.
8
9.
Reports to City:
a)
Riverside shall prepare and submit to the City written reports for
Eastport as follows:
i)
On or before the 20th day of each month, Riverside
shall deliver or cause to be delivered to the City a profit and
loss statement showing the results of operations for the
preceding month and for the year to date of the contract year,
which statement shall reflect an accounting of actual to
budgeted amounts. On the 20th day of March, the report shall
also include an estimated statement of Riverside' s incentive
fee calculation.
ii) Within 60 days after the end of each contract year,
Riverside will deliver or cause to be delivered to the City a
balance sheet and related statement of profit and loss showing
the assets employed in operation of Eastport and the liabilities
incurred in connection therewith, as of the contract year-end,
and the results of the operation of Eastport during the
preceding contract year. Such report shall also include a final
statement of Riverside' s incentive fee calculation.
iii) On or before the 1st day of December, Riverside
shall deliver to the City a comprehensive list reflecting the
name and address of each person then renting a slip or boat
storage at Eastport and each person who has at any time
during the contract year rented a slip or boat storage at
Eastport and location of each boat.
iv)
At any reasonable time, upon the request of the
City copies of any and all materials or reports maintained by
Riverside for Eastport shall be available to the City.
b)
Riverside shall cooperate with the City or the City's public
accountant in connection with the preparation and filing of federal, state and
other tax returns required by any governmental authority.
c)
Riverside shall cooperate with the City's public accountant in
connection with the preparation of an annual audit of the books of account of
the City, including an annual report each year of the operations of Eastport
for the
year
then
ended.
Further, Riverside shall adopt such practices
necessary to assure sound accounting as may be reasonably recommended
by the City's public accountant.
9
d)
The City or the City's officers or designated agents shall have the
right at any reasonable time or interval to examine Riverside' s books for
Eastport or any portion thereof.
e)
Riverside shall prepare, keep and maintain at all times for a period
of not less than five ( 5) years complete and accurate books of account and
records during each calendar year and such other records as would normally
be required to be kept and examined by an independent public accountant in
accordance with generally accepted auditing practices in performing an audit.
Upon five ( 5) days written notice to Riverside at anytime during the term or
within one ( 1) year of the expiration or sooner termination thereof, the City
shall have the right to cause a complete audit to be made by an independent
public accountant designated by the City of all business affairs conducted at,
upon and from Eastport and of all books and records pertaining thereof, and
Riverside will make all such books and records available, or cause the same
to be made available for such examination at Eastport or such other location
agreed to by the City.
10. Insurance:
a)
Riverside shall obtain at its favorable rates insurance coverage in
less than One Million Dollars ($ 1, 000, 000) with respect to
an amount of not
its operation of Eastport for the benefit of both the City and Riverside and
to name the City and its lenders as additional insured. The cost of
said insurance shall be considered an operating expense of Eastport. In no
event shall Riverside or Mike Childers be deemed an agent of the City of
East Peoria. Any separate entities leasing space for boat repairs, service
agrees
and sale of convenience boat parts and accessories shall obtain separate
insurance that identifies Riverside and the City as additional insured.
11.
Management Fees:
Base Management Fee:
During the term of this Agreement, the
City shall pay to Riverside a base management fee of Seventy- Five
Thousand Dollars ($ 75, 000) annually. The City shall pay the $ 75, 000
a)
management
fee in installments
of
Fifteen Thousand ($ 15, 000) on the first
day of the month commencing April of each year and Fifteen Thousand
15, 000) for each subsequent month continuing through the first day of
August.
b)
Incentive Fee: For each year this Agreement is in effect, the City
shall pay to Riverside an incentive fee in an amount equal to one-third ( 1/ 3)
of the net operating revenues for the preceding boating season. " Net
operating revenues" shall be the difference between Revenues as defined in
10
7
and
Expenses
Operation
of
as
defined in § 8.
The base management fee
and depreciation shall be recognized as expenses of operation in calculating
net operating revenues. The incentive fee shall, defined
however,asbefollows:
capped$ 80,
so that
000
in
the incentive fee
no event shall
exceed a
cap
less any other net revenue received by Riverside at Eastport, excluding the
base
management
fee. 70%
of the estimated incentive fee shall be paid no
later than the 15th day of November based upon the City's confirmation of
the accuracy
of
the
report
No later than December 31,
The parties shall reconcile the
identified in § 9( a)( i).
fee
any remaining incentive
shall
be
paid.
accounting for the incentive fee based upon final accounting for the contract
year.
Eastport Marina revenues shall pay vehicle expenses not to
c)
exceed $
8, 000 for Michael Childers.
Eastport Marina revenues shall also
pay costs of a standard rate healthcare insurance policy for Mike Childers.
d)
Riverside shall derive no further remuneration from serving as
manager of
Eastport
except as set
forth
above
in this § 11.
Riverside shall
not promote its business in any manner which would serve to deprive
Eastport of revenue or otherwise be detrimental to Eastport.
e)
Riverside shall avoid any conflict or appearance of conflict which
could be perceived as inconsistent with its duty of loyalty to the City.
12. Restrictive Covenants: Riverside agrees that it will not, directly or indirectly, or
by an affiliate own, operate, manage or otherwise have an interest in any other marina
operation, provide slip rentals, boat storage or boat service within 50 miles of Eastport nor
allow any of its principals, officers, or employees to do so. The sale of boats is specifically
exempted. The restrictive covenants contained herein shall continue only during the term
of this Agreement and any extensions thereof.
13. Discretion
of
City:
Notwithstanding any provision hereunder, the City retains
the right to modify its administrative and organizational structure in such a manner that
Riverside and the Harbor Master, may upon notification, be required to report to and seek
approval from an employee of the City other than the City Administrator. Further, the City
retains the right to cause such modifications and improvements of Eastport which it
believes in its discretion are in the best interests of the City, providing such modifications
and improvements
14.
do
not
Revenues
materially detract from
as
defined in § 7.
Representations and Warranties; Indemnification:
a) The City and Riverside each represent and warrant to the other
that it has the authority to enter into this Agreement and to fully perform its
respective obligation hereunder.
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b)
Riverside shall defend, indemnify and hold the City of East Peoria
and its respective officers, directors, employees and agents harmless from
and
against
attorneys
any and
fees), losses
damages,
including
or liabilities arising out of any claim made as a result
all
claims,
actions,
expenses (
of Riverside' s bad faith, recklessness, gross negligence, gross misconduct in
its management and operation of Eastport, or arising out of any breach or
claimed breach of any representation or any of its obligations pursuant to this
Agreement.
c)
The
City
shall
defend,
indemnify and hold Riverside and its
respective officers, directors, employees and agents harmless from and
against any and all claims, actions, damages, expenses (including attorneys
fees), losses or liabilities arising out of any claim made as a result of the
City's bad faith, recklessness, gross negligence, gross misconduct in its
management and operation of Eastport, or arising out of any breach or
claimed breach of any representation or any of its obligations pursuant to this
Agreement.
d)
The parties shall notify each other of the existence of claims
relating to Eastport and shall cooperate with each other in defense of thirdparty claims.
15. Termination of Agreement by City:
If one or more of the following events shall occur, the City may
terminate this Agreement by notice to Riverside:
a)
i)
If Riverside shall be in material default in the
performance of any material term, covenant or condition which
this Agreement requires it to perform, and shall fail to cure
such material default within thirty ( 30) days of written notice
from the City specifying such default; or
ii)
If Riverside shall make any assignment of its
property for the benefit of creditors; or
iii) If Riverside' s interest under this Agreement shall be
taken on execution of a judgment; or
iv)
If Riverside files a petition for adjudication as a
bankrupt, for reorganization or for an arrangement under any
bankruptcy or insolvency law, or if any involuntary petition
under such law is filed against Riverside and not dismissed
within ninety ( 90) days thereafter; or
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v)
If Michael Childers for any reason ceases actively
serving as Harbor Master;
b)
Upon the occurrence of one or more events under( a) above, the
City may exercise any or all of the following remedies in addition to
termination of the Agreement:
i) The City may, immediately, or at anytime thereafter,
and
without
further
notice
or
demand,
enter on Eastport
premises and expel Riverside and remove Riverside' s effects
forcibly if necessary); and/ or
ii)
deliver
to
The City may require that Riverside immediately
the
City
all
leases,
slip
boat
storage
rental
agreements and similar agreements.
c) The rights of termination granted to the City in this paragraph shall
be in addition to any other right or remedy that may otherwise be available to
the City including, but not limited to, recovery of amounts due and owing, to
the City, any and all damages, and equitable relief resulting from any or all of
the above event or events.
16. Termination of Agreement by Riverside:
Riverside may terminate this Agreement by giving notice to the
City, if the City shall be in material default in the performance of any material
a)
term, covenant or condition which this Agreement requires it to perform and
shall fail to cure such material default within thirty ( 30) days of notice from
Riverside specifying such default( unless such default cannot reasonably be
cured within such thirty( 30) day period and during such thirty( 30) day period
the City commences to cure such default and proceeds with diligence to
complete such cure),
provided that the City shall not be deemed to be in
default pursuant to this Agreement if its failure to satisfy the requirements
hereof is caused by Riverside's failure to perform its obligations hereunder.
b)
The right of termination granted to Riverside in this paragraph
shall be in addition to any other right or remedy that may otherwise be
available to Riverside including, but not limited to, recovery of amounts due
and owing to Riverside, any and all damages, and any equitable relief
resulting from the City's default.
17.
Riverside' s Rights Upon Termination:
a)
Upon termination of this Agreement, Riverside shall be entitled to
the following unless this Agreement is unilaterally terminated by Riverside
without cause or
is terminated
by
the
City
13
under § 16(
a):
i) Reimbursement of all expenses incurred with respect
to Eastport, provided such expenses are authorized by this
Agreement and are within the parameters of the approved
Annual Plan;
ii)
be
Payment of all of its compensation to which it would
entitled under § 11
iii)
to the date of termination.
Payment of any other sums due Riverside
hereunder.
b)
The obligations contained in this paragraph shall survive
expiration or other
termination of this Agreement.
Upon termination of this
Agreement, Riverside shall have the right to assign, and the City shall have
the obligation to assume, all contracts entered into on behalf of the City,
provided said contracts are within the parameters of the approved Annual
Plan.
18. Subordination: This Agreement and Riverside's authority and rights hereunder
are subject to the lien upon, and security interest in, Eastport and revenues generated by
Eastport held by any financial institution to whom the City has granted a security interest in
Eastport and/ or its revenues.
19. Notices:
Any notices required or permitted hereunder shall be in writing and
shall be valid and sufficient if delivered personally or dispatched in any post office of the
United States by registered or certified mail, postage prepaid, addressed to the other party
as follows:
If to the
City:
City of East Peoria
100 S. Main Street
East Peoria, IL 61611- 2496
With copy to:
Dennis R. Triggs
Miller, Hall & Triggs
416 Main Street, Suite 1125
Peoria, IL 61602- 1161
If to Riverside:
Mike Childers
EastPort Marina
309- 256- 6887
Mchilders342@comcast. net
and any party may change such address by notice given to the other party in the
manner set forth above.
14
20. Miscellaneous:
a)
Governing Law:
This Agreement shall be governed by and
construed under the laws of the State of Illinois.
b)
Counterparts:
This Agreement may be executed in two ( 2) or
more counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument.
Headings:
c)
Titles
and
headings
of the
paragraphs
and
subparagraphs of this Agreement are for the convenience of reference only
and do not form a part of this Agreement and shall not in any way affect the
interpretation hereof.
d)
Amendment:
No explanation or information by either of the
parties hereto shall alter or affect the meaning or interpretation of this
Agreement and no modification or amendment to this Agreement shall be
valid unless in writing and executed by both parties hereto.
e)
Successors
assignability
contained
and
Assigns:
Except for the restrictions on
in § 4 hereof, the terms and conditions of this
Agreement shall inure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
f) Waiver: The waiver of any breach of any term or condition hereof
shall not be deemed a waiver of any other or subsequent breach, whether of
like or different nature.
g)
Severability: If any term or provision of this Agreement or the
performance thereof shall to any extent be invalid or unenforceable, such
invalidity or unenforceability shall not affect or render invalid or
unenforceable any other provision of this Agreement, and this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
the Parties:
The relationship of the City and
Riverside shall be solely as owner and manager with Riverside acting as an
independent contractor and in no event and for no purpose shall the City and
h)
Relationship
of
Riverside be deemed partners or joint venturers.
i)
Entire Agreement: This Agreement supersedes and replaces
in its entirety any prior agreement between the parties for management of
EastPort.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as
of the first date set forth above.
15
CITY OF EAST PEORIA
RI
RS 2E
By
By
ALA&N
16
-
I
A
ENT, LLC
TO:
Mayor David Mingus and Commissioners Dan Decker, Gary Densberger,
Tim Jeffers and Chad Joos
FROM:
Tom Brimberry, City Administrator
DATE:
March 23, 201' 5
SUBJECT:
Lease of Mini Excavator to Replace EastPort Marina Dredge Machinery
Attached is an offer for a Three- Year Lease of an Altorfer Cat 305. 5E CR Excavator to replace broken and
unrepairable machinery on the dredge boat that included the cab/ boom/ clamshell assembly. The ballbearing turret that attached this assembly to the dredge boat cannot be repaired, and HarborMaster
Mike Childers has researched and found that an anchored, mini- excavator will serve needed purposes
better than the prior assembly.
A Kubota, Volvo and CAT mini- excavator have been researched and compared for lease period
operational costs, purchase price, warranty and resale of the equipment at the end of three-year lease.
The CAT machine is recommended with a municipal discount and a " let' s put CAT products in our own
backyard" incentive that lowers the sale price to that of the Kubota and Volva, and the CAT machine has
a longer warranty and all annual maintenance is offered at no additional cost.
A 36- month lease is presented that will cost$ 13, 200/ year, which is within the Marina' s ability to include
as part of the annual budget. In the recent past the Marina has replaced its gasoline pumps and
dispensers, rebuilt forklifts and the hydraulic trailer, etc.
RECOMMENDATIOM:
Approve the
attached offer
for 36- month Lease
of
CAT 305. 5E CR Excavator
________________, 2015
WHEREAS, the City proposes to acquire one Caterpillar 305.5E CR Excavator
(the “CAT Mini Excavator”) for use at the EastPort Marina to replace broken and
unrepairable machinery on the dredge boat; and
WHEREAS, a Kubota, Volvo, and Caterpillar Mini Excavator have been
researched and compared; and
WHEREAS, Altorfer Cat has offered to lease the CAT Mini Excavator to the City
for a three-year period at a cost of $13,200.00 each year under the terms and conditions
set forth in the lease agreement (the “Lease”) attached hereto labeled as “Exhibit A”; and
WHEREAS, it is in the best interests of the City to lease the CAT Mini Excavator;
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his
designee is hereby authorized and directed to execute the Lease at a cost during the term
of the Lease of $13,200 each year; 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 Altorfer Cat.
APPROVED:
________________________________
Mayor
ATTEST:
_______________________________
City Clerk
r„-
HON,
G_ T
March 18, 2015
City of East Peoria/ Eastport Marina
701 Mariner Way
Attention: Mr. Mike Childers
We are pleased to provide the following proposal for your review:
One ( 1) New Caterpillar 305. 5E CR Excavator,
Includes the following standard equipment and options:
FOPS,
Tip- Over
Protection Enclosed Cab
Cat® C2. 4 Engine
Retractable Front Window
High Ambient Cooling
Air Conditioner&
Two- Speed Travel, Automatic Shift
Heater/ Defroster
Cat® High Back, Cloth Suspension Seat
Auto Idle w/ Travel Alarm
12V Power Outlet
16" Rubber Belt Tracks
Control Levers
w/
Straight Line Travel
78" Straight Blade w/ Float Control
Hand Control Pattern Changer
Integrated Counterweight
Left& Right Mirrors
Long Stick with 12' 8" Dig Depth
Two- Way Auxiliary Hydraulics
Lifting Eye on Bucket Linkage
Cab & Boom Work Lights
COMPASS
Display& Control
Panel
Cat® 30" High Capacity 8. 5 ft3 Bucket w/ Tips
Equipment Protection Plan ( Warranty)
Includes 36- Mont/ 3, 000 Premier Equipment Protection Plan and 36/ 3, 000 SMH Level 4
CSA with 500 SMH services
List Price
Selling
99. 071. 00
Price
64, 348
Sales Tax Additional, if applicable
Availability
Machine is in Inventory, subject to prior sale.
Altorfer Inc. Guaranteed Buyback
36 Months / 3, 000 SMH
Financing
29, 500
from Cat Financial Services ( CFSC)/ Lease Plan
Government Purchase Agreement
3G - L t
fig
r
rt
0 6, 00
Payments calculated in arrears
Subject to CFSC Credit Approval
Payments based on 1, 000 Annual Hours
Interest rates are subject to change based on delivery
Also
available as
60
month
Installment Sales Contract 60
mos
@
3. 20% APR=
1, 165. 00/ mo
We appreciate the opportunity to submit this proposal, and trust that it will merit your
favorable consideration.
Sincerely,
Tim Kirchner
Machine Sales Representative
Altorfer Cat
2
, 2015
RESOLUTION REGARDING PURCHASE OF NEW VEHICLES
FOR CITY POLICE DEPARTMENT (STATE BID)
WHEREAS, the Police Department is in need of 2015 Ford all-wheel drive Police
Interceptor SUVs (the “Interceptors”) (for use as Patrol vehicles and for use as other
Police Department vehicles); and
WHEREAS, Morrow Brothers Ford, Inc. has a supply of the Interceptors available
for purchase at $25,820 each; and
WHEREAS, there are costs associated with outfitting the Interceptors that will be
included in the $240,000; and
WHEREAS, it is in the best interests of the City to purchase and outfit the
Interceptors for the Police Department;
Section 1. The City approves the purchase of the Interceptors through the State
Bid process from Morrow Brothers Ford, Inc. and the outfitting of the Interceptors from an
equipment dealer at total cost not to exceed $240,000.
Section 2. The City Administrator or his designee is hereby authorized and
directed to enter into agreements or execute purchase orders which provide for the
acquisition of the vehicles identified in this resolution and to take such other action as is
necessary to conclude the transaction herein authorized; provided, however, that the total
cost to purchase and outfit the Interceptors as provided herein shall not exceed
$240,000.00 and the City shall have no obligation to Morrow Brothers Ford, Inc. or
equipment dealer to outfit the Interceptors until an original purchase order or agreement
has been delivered to that respective business.
APPROVED:
________________________________
Mayor
ATTEST:
__________________________________
City Clerk
2
Ordinance No. 4221
100 South Main Street
East Peoria, Illinois 61611
Phone: (309) 698-4715
Fax:
(309) 698-4747
David W. Mingus
Mayor
COMMISSIONERS
Benjamin C. Joos
Public Health & Safety
Gary R. Densberger
Dept. of Accounts & Finance
Daniel S. Decker
Dept. Streets &
Public improvements
Timothy J. Jeffers
Dept. Public Property
_________
J. Thomas Brimberry
City Administrator
Morgan Cadwalader
City Clerk
Theresa L. Gualandi
Treasurer/Comptroller
Dick Ganschow
Police Chief
William J. Darin
Fire Chief
TO:
The Honorable Mayor David Mingus and Members of the City
Council
THRU:
Tom Brimberry, City Administrator
FROM:
Morgan R. Cadwalader, City Clerk
DATE:
March 27, 2015
SUBJECT:
Adding a Subclass 2 Beer Garden License to the Liquor Code
and Changing the Number of Class D Liquor Licenses
DISCUSSION: The new restaurant at the EastPort Marina has a unique
layout that includes a beer garden. The beer garden provisions of the City
Liquor Code provide restrictions on beer gardens that do not make sense for
this location. Some of those provisions include that the beer garden be
attached to the building itself and only allow for egress and not ingress from
the portion of the beer garden that is not attached to the building. The
proposed changes would add a Subclass 2 classification that would be
applicable only to this location and that would allow for a detached beer
garden on the adjacent deck that still ensures safeguards for alcohol
consumption and safeguards in cases of emergency. The proposed change
allows for five feet between the building and beer garden.
It is also necessary to change the number of Class D (Restaurant) liquor
licenses at various times throughout the year. At this time, it is necessary to
increase the number of Class D liquor licenses from 25 to 26.
RECOMMENDATION: To approve the recommended amendments to the City
Code adding a Subclass 2 Beer Garden License to the Liquor Code and
approving an increase of Class D liquor licenses limit to 26.
Ty Livingston
Director of Planning and
Community Development
Steven J. Ferguson
Director of Public Works
Douglas E. McCarty
Director of Tourism &
Special Events
Robert Cole
Director of Buildings &
Inspections
Dennis R. Triggs
City Attorney
Web Site: www.cityofeastpeoria.com
“EAST PEORIA – HOME OF THE FESTIVAL OF LIGHTS”
ORDINANCE NO. 4221
AN ORDINANCE ADDING NEW SUBCLASS LICENSE TO
LIQUOR CODE FOR BEER GARDENS AT EASTPORT MARINA
AND CHANGING THE NUMBER OF CLASS D LIQUOR LICENSES AUTHORIZED
TO BE ISSUED WITHIN THE CITY OF EAST PEORIA, ILLINOIS
WHEREAS, the Eastport Marina complex includes a small cantina area that serves
marina patrons and is under private ownership; and
WHEREAS, due to the unique qualities of the Eastport Marina complex and the
layout of the outdoor deck of Eastport Marina building, a new subclass license for beer
gardens is being established to accommodate the cantina’s unique setting at the Eastport
Marina while maintaining the numerous safeguards implemented for beer garden
settings; and
WHEREAS, the City Council hereby finds that the creation of this new subclass of
liquor license for marina beer gardens is in the best interests of the City while enhancing
the viability of the cantina operation and the services available for patrons of the Eastport
Marina;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
Section 1. Title 3, Chapter 3, Section 3.14(n) and (o) of the City Code (the Liquor
Code) of the City of East Peoria is hereby amended and added as follows (additions are
indicated by underline; deletions by strikeout):
3-3-1.4. Licenses; classifications.
Licenses to sell alcoholic liquor at retail shall be of the following classes:
(n)
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.
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 exit the
beer garden only through the licensed establishment to
which it is attached.
2
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.
Provided that for a class D licensed premises located
within 150 feet of a public marina, this distance shall be
zero feet.
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 of any building or
structure 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.
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. However, this limitation
3
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.
The subclass 1 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 3-31.7 or 3-3-1.12 of this section even if the licensed premises is
not presently in compliance with those sections. If a subclass
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.
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 3-31.4(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
4
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 Commissioner may, in its sole discretion,
issue a non-probationary subclass 1 license with respect to
the licensed premises.
(o)
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
5
locations outside the beer garden and shall restrict
noise to the approved area.
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.
(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 3-36
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 3-31.4(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 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-
7
probationary subclass 2 license with respect to the licensed
premises.
Section 2. Title 3, Chapter 3, Section 3.2(d) of the City Code (the Liquor Code) of
the City of East Peoria is hereby amended as follows (additions are indicated by
underline; deletions by strikeout):
3-3-1.5. Licenses; fees.
(d)
With the exception of a class F license for which no fee is
charged, the fees due on or after May 1, 2006 for all licenses referred to in
section 3-3-1.4 are as follows, subject to adjustment as provided in
subsection (e) of this section:
Semi-Annually
Per Year
Class A
$500.00
1,000.00
Class B
600.00
1,200.00
Class C
600.00
1,200.00
Class D
600.00
1,200.00
Class E
600.00
1,200.00
Class V
150.00
300.00
Class Z
225.00
450.00
Class G
600.00
1,200.00
Class RB
600.00
1,200.00
Class H
600.00
1,200.00
Class CR
600.00
1,200.00
Class CC
975.00
1,950.00
Subclass 1
150.00
300.00
Subclass 2
150.00
300.00
8
Section 3. Title 3, Chapter 3, Section 1.8 of the City Code (the Liquor Code) of
the City of East Peoria is hereby amended as follows (additions are indicated by
underline; deletions by strikeout):
3-3-1.8. Investigation; investigation fee; approval; examination of
applicant.
(a) All applications for licenses under this chapter shall be presented
to the local liquor control commission and shall be accompanied by an
investigation fee in the sum of two hundred fifty dollars ($250.00). All
applications for a subclass 1 or 2 license shall be presented to the local
liquor control commission and shall be accompanied by an additional nonrefundable investigation fee in the sum of fifty dollars ($50.00). In addition
to the fees specified herein, each applicant, shareholder, manager, or other
individual shall pay all charges made by the State of Illinois or any other
entity for criminal history, fingerprint, or background investigation, as those
charges are from time to time established. Every application shall be
investigated by the local liquor control commission to its satisfaction, and it
shall, within a reasonable time, either approve or reject said application.
Upon the approval of such application and the certificate of bond specified
in section 3-3-1.9, and upon the payment of the license fee in the amount
specified In section 3-3-1.5, the local liquor control commissioner shall
designate written approval and direct the city clerk to issue a license or a
subclass 1 license to such license applicant. Such license and subclass
license shall be signed by the Local liquor control commissioner and the city
clerk.
(b) At any time during the pendency of an application, the local liquor
control commission shall have the right to compel the applicant to submit to
any examination and to produce any books and records, which, in the
judgment of the local liquor control commission, are material to the
determination of whether the applicant is qualified to receive a license or a
subclass license under the provisions of this chapter, or whether the
premises sought to be licensed are suitable for such purposes. The local
liquor control commission shall also have the right to require the applicant
to answer any charges made in any objection to the issuance of the license
by the liquor control commissioner, chief of police, or the city attorney. The
failure of any applicant to appear at the time and place fixed by the local
liquor control commission for his examination or to produce books and
records requested, unless for good cause shown, shall be deemed to be an
admission that the applicant is not qualified to receive a license.
(c) The building inspector, fire chief and police chief or their
respective designees may at any reasonable time inspect the licensed
9
premises for compliance with applicable provisions of the East Peoria City
Code.
(d) Applications for licenses or subclass licenses shall be considered
in the order in which they are presented to the local liquor control
commission. Once an application has been rejected by the local liquor
control commission for any reason, including the lack of availability of a
license, the applicant shall be ineligible for further consideration unless and
until the applicant submits a new application to the local liquor control
commission.
(e) At any time when a business conducted by a manager
designates a new or additional manager, the new or additional manager
must submit an application for approval to the City on the forms designated.
Said application shall be accompanied by an investigation fee in the sum of
fifty dollars ($50.00). Said person shall not perform the duties of manager
until approval has been received from the City.
Section 4. Title 3, Chapter 3, Section1.10 of the City Code (the Liquor Code) of
the City of East Peoria is hereby re-numbered as new Section 3.6 with revisions as follows
(additions are indicated by underline; deletions by strikeout):
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 seventeen (17);
(b)
No additional class B licenses shall be issued under the
in force at the time shall be less than twenty-four (24);
(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
in force at that time shall be less than twenty-fivesix (2526);
10
(e)
No additional class E licenses shall be issued under the
in force at that time shall be less than four (4);
(f)
There may be only one class F license in force at any time;
(g)
Class V licenses may be issued without limit to those
organizations qualifying upon approval by the liquor control
commission;
(h)
No additional class Z licenses shall be issued under the
in force at the time shall be less than one (1);
(i)
No additional class G licenses shall be issued under the
in force at the time shall be less than two (2);
(j)
No additional class RB licenses shall be issued under the
in force at the time shall be less than four (4);
(k)
No additional class H licenses shall be issued under the
(l)
No additional class CR licenses shall be issued as a standalone 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);
(m)
No additional class CC licenses shall be issued under the
(n)
No additional subclass 1 licenses shall be issued under the
in force at the time shall be less than sixteen (16).;
(o)
No additional subclass 2 licenses shall be issued under the
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
11
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.
Section 5. 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 6. 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 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
, 2015.
APPROVED:
________________________________
Mayor
ATTEST:
________________________________
City Clerk
EXAMINED AND APPROVED:
________________________________
Corporation Counsel
12

03.31.2015 Agenda Packet

Transcription

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