NOTICE OF MEETING AND AGENDA REGULAR … · The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor David Mingus presiding

1 NOTE: All items listed on the agenda are action items unless indicated otherwise. Ordinances and resolutions listed on the agenda may further be amended and/or revised prior to adoption by the City Council.

NOTICE OF MEETING AND AGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EAST PEORIA

COUNCIL CHAMBERS AT 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS SEPTEMBER 4, 2018

6:00 P.M.

DATE: SEPTEMBER 4, 2018 MAYOR MINGUS TIME: 6:00 P.M. COMMISSIONER DENSBERGER CALL TO ORDER: COMMISSIONER DECKER ROLL CALL: COMMISSIONER JEFFERS

COMMISSIONER KAHL

INVOCATION:

PLEDGE TO THE FLAG:

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Meeting held on August 21, 2018 and the minutes of the Special Meeting held on August 24, 2018.

COMMUNICATIONS:

Proclamation by Mayor Mingus proclaiming September 2018 as “National Suicide Prevention Awareness Month”.

Proclamation by Mayor Mingus proclaiming September 11, 2018 as “Patriot Day”.

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

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

Motion to approve the Consent Agenda.

Item No. 1 – Adoption of Resolution No. 1819-058 – Resolution to Approve Payment of the Schedule of Bills No. 8 in the amount of $1,724,663.96.

Item No. 2 – Adoption of Ordinance No. 4409 on its Second Reading – (AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED AT 303 N SUMMIT.)

Item No. 3 – Adoption of Ordinance No. 4410 on its Second Reading – (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 103 N SUMMIT ROAD.)

Item No. 4 – Adoption of Resolution No. 1819-054 on its Second Reading – Resolution approving service agreement for the City’s computer and IT network appliance maintenance at a total annual cost not to exceed $11,512.00.

Item No. 5 – Adoption of Ordinance No. 4412 on its Second Reading – (AN ORDINANCE AUTHORIZING A LOAN FOR FINANCING ACQUISITION OF RECYCLING TRUCK FOR PUBLIC WORKS DEPARTMENT.)

ITEMS REMOVED FROM CONSENT AGENDA:

COMMISSIONER DENSBERGER:

Approval of Ordinance No. 4413 (AN ORDINANCE AMENDING CHAPTER 19, TITLE 4 OF THE EAST PEORIA CITY CODE REGARDING THE SIZE OF PERMITTED SOLAR PROJECTS UNDER THE CITY’S SOLAR ENERGY CODE.) To be laid on the table for no less than one week for public inspection.

Approval of Ordinance No. 4414 (AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE CONDITIONS IMPOSED ON THE SPECIAL USE GRANTED WITH RESPECT TO PROPERTY LOCATED ON EAST WASHINGTON STREET NEAR ITS INTERSECTION WITH SUNRISE AVENUE IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS.) To be laid on the table for no less than one week for public inspection.

Approval of Ordinance No. 4415 (AN ORDINANCE APPROVING THE SUBDIVISION PLAT FOR PROPERTY OFF OF PINE STREET). PINs: 05-05-11-100-004 and 05-05-11-100-007 To be laid on the table for no less than one week for public inspection.

Approval of Resolution No. 1819-059 – Resolution Approving a Right-Of-Way and Pole Attachment Agreement with Mobilitie, LLC. To be laid on the table for no less than one week for public inspection.

2 NOTE: All items listed on the agenda are action items unless indicated otherwise. Ordinances and resolutions listed on the agenda may further be amended and/or revised prior to adoption by the City Council.

COMMISSIONER DENSBERGER continued: Resolution No. 1819-061 – Resolution authorizing and directing the payment of an invoice in the amount of $15,000 to the Fon du Lac Park District for Security Detail at the Winter Wonderland Lighted Display in November and December 2017. To be laid on the table for no less than one week for public inspection. COMMISSIONER DECKER: Approval of Resolution No. 1819-057 - Resolution authorizing the appropriation of $245,000 of 2019 Motor Fuel Tax Funds for the purchase of Road Salt. To be laid on the table for no less than one week for public inspection. Approval of Resolution No. 1819-060 – Resolution Requesting Permission for Temporary Closure of State Maintained Roadways for a Public Event for the Festival of Lights Parade on November 17, 2018. To be laid on the table for no less than one week for public inspection. COMMISSIONER JEFFERS: Adoption of Ordinance No. 4411 on its Second Reading – (AN ORDINANCE AUTHORIZING THE CITY OF EAST PEORIA TO BORROW FUNDS IN AN AMOUNT NOT TO EXCEED $57,348,000.00 FROM THE WATER POLLUTION CONTROL LOAN PROGRAM FOR THE CITY’S SANITARY SEWER SYSTEM UPGRADE PROJECT)

COMMISSIONER KAHL: Approval of Resolution No. 1819-062 – Resolution Approving an Intergovernmental Agreement with the City of Peoria, Illinois for Procurement of Body-Worn Cameras and Program Development. To be laid on the table for no less than one week for public inspection. MAYOR MINGUS: PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS: COMMENTS FROM COUNCIL: COMMISSIONER DECKER: COMMISSIONER DENSBERGER: COMMISSIONER JEFFERS: COMMISSIONER KAHL: MAYOR MINGUS: MOTION FOR EXECUTIVE SESSION/CLOSED MEETING: MOTION TO ADJOURN: /s/ Morgan R. Cadwalader City Clerk, Morgan R. Cadwalader Dated and Posted: August 31, 2018

MINUTES NEW COUNCIL CHAMBERS IN THE CIVIC COMPLEX

401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS

AUGUST 21, 2018 The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor David Mingus presiding at 6:00 P.M. with proper notice having been given. Upon the roll being called the following answered present: Mayor David W. Mingus, Commissioner Daniel S. Decker, Commissioner Gary R. Densberger, Commissioner Timothy J. Jeffers, and Commissioner John P. Kahl. Absent: None. The invocation was given by Commissioner Jeffers. Mayor Mingus led the Council and the audience in the pledge of allegiance to the flag. Motion by Commissioner Kahl, seconded by Commissioner Decker; Mr. Mayor, I move that the minutes of the Regular Meeting held on August 7, 2018 be approved as printed. Yeas: Commissioner Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items on the agenda to come to the podium and state the matter or matters to be discussed. Don Norbits came up to the podium and asked about a payment on the schedule of bills. Norman Sales came up to the podium and spoke on what he believes is an employment issue. He believes that the City needs a change in the form of government. Mayor Mingus asked for any other comments from the audience. There was no response. CONSENT AGENDA ITEMS BY OMNIBUS VOTE: Mayor Mingus asked if any Commissioner wished to remove any items from the Consent Agenda for discussion. There was no response. Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move to adopt a consent agenda consisting of items numbered 1 through 7 as listed on the agenda for this meeting to be considered by omnibus vote. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move you that Items numbered 1 through 7 listed on the Consent Agenda be hereby approved and adopted, the items numbered 2 through 7 having been read once by their title and having laid on the table for no less than one week for public inspection be adopted as presented.

Item No. 1 – Adoption of Resolution No. 1819-052 – Resolution to Approve Payment of the Schedule of Bills No. 7 in the amount of $ 1,616.813.10. (Adopted by omnibus vote) Item No. 2 – Adoption of Resolution No. 1819-046 on its Second Reading - Resolution approving and authorizing the payment of an Invoice from Midwest Engineering Associates, Inc. for Engineering Work related to Plans and Specifications for Festival of Lights Electrical Upgrade Project in the amount of $12,522.20. (Adopted by omnibus vote) Item No. 3 – Adoption of Resolution No. 1819-047 on its Second Reading - Resolution authorizing a contract for Festival of Lights Electrical Upgrade Project with AMP Electrical Services, Inc. in the amount of $134,000. (Adopted by omnibus vote) Item No. 4 – Adoption of Resolution No. 1819-040 on its Second Reading – Resolution approving and authorizing the acceptance of a low bid for the Dupont Lane Approach Project from Koenig Trucking and Excavating, LLC in the amount of $6,365. (Adopted by omnibus vote) Item No. 5 – Adoption of Resolution No. 1819-042 on its Second Reading – Resolution approving and authorizing the execution of a Joint Funding Agreement between the City of East Peoria and the Peoria/Pekin Urbanized Area Transportation Study ("PPUATS") for the Fiscal Year 2019. (Adopted by omnibus vote) Item No. 6 – Adoption of Resolution No. 1819-041 on its Second Reading – Resolution approving and authorizing the acceptance of the proposal for purchase of a Sewer Maintenance Camera from Coe Equipment, Inc. in the amount of $38,900. (Adopted by omnibus vote)

Page 2 Item No. 7 – Adoption of Resolution No. 1819-049 on its Second Reading – Resolution approving and authorizing an Intergovernmental Agreement with Tazewell County Consolidated Communications (TC3) regarding Police & Fire Dispatch Services. (Adopted by omnibus vote)

Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and the items adopted by omnibus vote designation. Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move you that Ordinance No. 4409 hereto attached, (AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED AT 303 N SUMMIT) be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection. Commissioner Densberger discussed the ordinance and zoning classification change. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Motion by Commissioner Densberger, seconded by Commissioner Kahl; Mr. Mayor, I move you that Ordinance No. 4410 hereto attached, (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 103 N SUMMIT ROAD) 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 special use and conditions that apply to the special use. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Resolution No. 1819-054 by Commissioner Densberger, seconded by Commissioner Kahl; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1819-054, hereto attached, a Resolution to approving service agreement for the City’s computer and IT network appliance maintenance at a total annual cost not to exceed $11,512.92, be approved, and that this Resolution No. 1819-054 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection. Commissioner Densberger discussed the bids and agreement. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Motion by Commissioner Decker, seconded by Commissioner Kahl; Mr. Mayor, I move you that Ordinance No. 4412 hereto attached, (AN ORDINANCE AUTHORIZING A LOAN FOR FINANCING ACQUISITION OF RECYCLING TRUCK FOR PUBLIC WORKS DEPARTMENT) be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection. Commissioner Decker and Director of Public Works, Dennis Barron, discussed the loan. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Motion by Commissioner Jeffers, seconded by Commissioner Kahl; Mr. Mayor, I move you that Ordinance No. 4411 hereto attached, (AN ORDINANCE AUTHORIZING THE CITY OF EAST PEORIA TO BORROW FUNDS IN AN AMOUNT NOT TO EXCEED $57,348,000.00 FROM THE WATER POLLUTION CONTROL LOAN PROGRAM FOR THE CITY’S SANITARY SEWER SYSTEM UPGRADE PROJECT) be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection. Commissioner Jeffers discussed the loan and the Upgrade Project. Director Barron discussed the costs and loan process. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Resolution No. 1819-053 by Commissioner Jeffers; A RESOLUTION AUTHORIZING A PUBLIC HEARING FOR THE CITY’S SANITARY SEWER SYSTEM UPGRADE PROJECT

WHEREAS, the City has heretofore submitted an application to the Illinois Environmental Protection Agency (“IEPA”) for a loan from the Water Pollution Control Loan Program in the amount of $57,348,000 (the “Loan”) for the purpose of constructing improvements to the City’s sanitary sewer system, including improvements and upgrades to Wastewater Treatment Plant #1, Wastewater Treatment Plant #3, and the Route 8 pump station (the “Project”); and

WHEREAS, as a condition to receipt of the Loan, representatives of the City are required to conduct a public hearing to address issues related to the Project including, in particular, the environmental impacts of the Project and the preliminary environmental impact determination made by the IEPA for the Project; and

Page 3 WHEREAS, it is in the best interests of the City to authorize Public Works Director Dennis Barron (the

“Director”) to schedule and conduct the necessary public hearing for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the Director is hereby authorized and directed to schedule and conduct a public hearing on the Project including, in particular, the environmental impacts of the Project and the preliminary environmental impact determination made by the IEPA for the Project, in accordance with any and all applicable regulations. Motion by Commissioner Jeffers, seconded by Commissioner Densberger; Mr. Mayor, I move that Resolution No. 1819-053 be adopted as presented. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and Resolution No. 1819-053 be duly adopted as presented. Resolution No. 1819-055 by Commissioner Kahl; RESOLUTION AUTHORIZING TEMPORARY INCREASE IN THE NUMBER OF POLICE OFFICERS IN THE EAST PEORIA POLICE DEPARTMENT WHEREAS, Title 1, Chapter 3, Section 7.1 of the East Peoria City Code authorizes the City Council to determine from time to time by Resolution the number of individuals to hold each rank in the Police Department; and WHEREAS, one of the patrolmen in the Police Department has informed the City of his pending retirement from the East Peoria Police Department effective in the next couple of months, but will be on leave until his retirement date; and WHEREAS, because of the lengthy process for bringing a new patrolman on staff, the East Peoria Police Department would like to begin the hiring process as soon as possible for a new patrol officer in order to allow the new patrolman to begin basic training on September 15, 2018; and WHEREAS, it is in the best interests of the City of East Peoria to temporarily increase the total number of individuals holding the rank of patrolman on the East Peoria Police Department from 38 to 39; and WHEREAS, it is further in the best interests of the City that after the patrolman’s retirement, the City of East Peoria decrease the total number of individuals holding the rank of patrolman on the East Peoria Police Department from 39 to 38;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. Effective immediately, the staffing level for the Police Department of the City of East Peoria shall consist of the following personnel:

A. One Police Chief B. Two Deputy Chiefs C. Seven Sergeants D. Thirty-nine Patrolmen

Section 2. The Police Chief is hereby authorized and directed to notify the Police and Fire Commission of the temporary increase in Patrolmen and to request the Police and Fire Commission to undertake the process of appointing a Patrolman to fill the position hereby created.

Section 3. Effective on the retirement of the Patrolman, the staffing level for the Police Department of the City of East Peoria shall return to the following personnel:

A. One Police Chief B. Two Deputy Chiefs C. Seven Sergeants D. Thirty-eight Patrolmen

Motion by Commissioner Kahl, seconded by Commissioner Decker; Mr. Mayor, I move that Resolution No. 1819-055 be adopted as presented. Commissioner Kahl discussed the resolution. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and Resolution No. 1819-055 be duly adopted as presented. Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items not on the agenda to come to the podium state the matter or matters to be discussed. Bob Sinks came up to the podium and discussed going to other communities to discuss the form of government in the different communities. Don Norbits came up to the podium to discuss the form of government. He feels that there should be a change in the form of government. He inquired about the interest rate for the sewer upgrade project loan and expressed concern about the interest rate potentially going up. Mayor Mingus asked for any additional comments from the audience. There was no response. Mayor Mingus then asked for comments from Council. Commissioner Decker explained that Clean-Up is scheduled for September 10-14, 2018. Commissioner Densberger discussed the change in the form of government. Commissioner Jeffers discussed union contracts covering City employees.

Page 4 Commissioner Kahl discussed changing the form of government. He reminded everyone about the drop box at the Public Safety Building where you can drop off old medication. Mayor Mingus discussed welcoming students back to Lincoln school and The Center for Prevention of Abuse Duck Race coming up this weekend at EastSide Centre. Mayor Mingus discussed the change in the form of government to aldermanic and explained that it is in the best interests that the City Council reconsider the resolution in changing the form of government with a Special Meeting being called Friday, August 24, 2018 at 11:30 a.m. Motion by Commissioner Jeffers, seconded by Commissioner Decker; Mr. Mayor, I move you that we adjourn until Tuesday evening, September 4, 2018 at 6:00 P.M. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None Mayor Mingus declared the motion carried and the meeting adjourned at 6:51 P.M. _/s/ Morgan R. Cadwalader________ City Clerk Morgan R. Cadwalader

MINUTES NEW COUNCIL CHAMBERS IN THE CIVIC COMPLEX

401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS

AUGUST 24, 2018 The Special Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor David Mingus presiding at 11:32 A.M. with proper notice having been given. Upon the roll being called the following answered present: Mayor David W. Mingus, Commissioner Daniel S. Decker, Commissioner Gary R. Densberger, Commissioner Timothy J. Jeffers, and Commissioner John P. Kahl. Absent: None. The invocation was given by Commissioner Jeffers. Mayor Mingus led the Council and the audience in the pledge of allegiance to the flag. 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. Mayor Mingus asked for any other comments from the audience. There was no response. Resolution No. 1819-056 by Commissioner Jeffers; RESOLUTION REPEALING RESOLUTION NO. 1819-050 AUTHORIZING THE SUBMISSION OF A REFERENDUM ON THE QUESTION OF WHETHER THE CITY OF EAST PEORIA SHOULD RETAIN THE COMMISSION FORM OF MUNICIPAL GOVERNMENT WHEREAS, on August 7, 2018 the City Council passed Resolution No. 1819-050 authorizing the submission of a referendum on the question of whether the City of East Peoria should retain the commission form of municipal government; and WHEREAS, the City Council has duly reconsidered Resolution No. 1819-050 at a properly called special meeting for the purpose of said reconsideration; and WHEREAS, the City Council finds it is in the best interest of the City and its citizens that Resolution No. 1819-050 be repealed; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. Resolution No. 1819-050 Authorizing the Submission of a Referendum on the Question of Whether the City of East Peoria Should Retain the Commission Form of Municipal Government is hereby repealed in its entirety.

Section 2. The City Clerk is hereby directed to not certify the question to the Tazewell County Clerk. Section 3. This Resolution shall be in full force and effect immediately upon its passage and approval

in the manner provide by law. Motion by Commissioner Jeffers, seconded by Commissioner Kahl; Mr. Mayor, I move that Resolution No. 1819-056 be adopted as presented. Discussion ensued on the proposed resolution. Mayor Mingus and Commissioners Densberger and Kahl expressed their support of the resolution while Commissioners Decker and Jeffers expressed their opposition. Commissioner Decker discussed the proposed referendum question. He indicated that nothing has changed in his position on putting the question on the ballot. Commissioner Jeffers discussed the public question. He discussed moving to the default is not clearly defined with state laws. He is optimistic that moving to the aldermanic form could work if there are state legislative changes. He feels that the government depends on the quality of the people that you elect. Commissioner Kahl feels that the City Council should not place this on the ballot and that it should be the citizens placing the question on the ballot. He feels that accountability is a big factor in government. It comes down to the people who are serving the citizens. Commissioner Densberger discussed people feeling that it is time for a change in the form of government. He discussed confusion as to election of members of the City Council should this question be placed on the ballot and be voted to not retain the form of government. Yeas: Commissioners Densberger, Kahl and Mayor Mingus. Nays: Commissioners Decker and Jeffers. Mayor Mingus declared the motion carried and Resolution No. 1819-056 be duly adopted as presented. Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items not on the agenda to come to the podium state the matter or matters to be discussed. Rachel Odewalt came up to the podium to express her concern about what she believes is an employee issue. Discussion ensued. Frank Borrer came up to the podium and expressed his belief that the City should do away with the Commission Form of government. Jeff Giebelhausen came up to the podium to express his belief that the City should do away with the Commission Form of government.

Page 2 Charlie Morgan came up to the podium to discuss the City’s Sewer Upgrade Project loan and express concern about what he believes is an employee issue. Mayor Mingus asked for any additional comments from the audience. There was no response. Mayor Mingus then asked for comments from Council. Commissioner Kahl thanked everyone for being in attendance. Motion by Commissioner Jeffers, seconded by Commissioner Kahl; Mr. Mayor, I move you that we adjourn until Tuesday evening, September 4, 2018 at 6:00 P.M. Yeas: Commissioners Decker, Densberger, Jeffers, Kahl and Mayor Mingus. Nays: None Mayor Mingus declared the motion carried and the meeting adjourned at 12:18 P.M. _/s/ Morgan R. Cadwalader________ City Clerk Morgan R. Cadwalader

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The City of East Peoria

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ljlrcrctamaturnWHEREAS; September is known around the United States as National SuicidePrevention Awareness Month and is intended to help promote awareness surroundingeach of the Suicide Prevention resources available to us and our community. The simplegoal is to learn how to help those around us and how to talk about suicide withoutincreasing the risk of harm; and

WHEREAS; Suicidal thoughts can affect anyone regardless of age, gender, race, orientation, income level, religion, or background; and

WHEREAS; According to the CDC, each year more than 41, 000 people die by suicide; and

WHEREAS; Suicide is the loth leading cause of death among adults in the UnitedStates, and the 2nd leading cause of death among people aged 10- 24; and

WHEREAS; East Peoria, Illinois is no different than any other community in thecountry, but chooses to publicly state and place our full support behind local educators, mental health professionals, athletic coaches, pack leaders, police officers, and parents, as partners in supporting our community in simply being available to one another; and cWHEREAS; local organizations like Suicide Prevention Services ( SPS) and nationalorganizations like the National Alliance on Mental Illness (NAMI) are on the front linesof a battle that many still refuse to discuss in public, as suicide and mental illnessremain too taboo a topic to speak on; and

WHEREAS, every member of our community should understand that throughout life'sstruggles we all need the occasional reminder that we are all silently fighting our own rbattles; and

WHEREAS, I encourage all residents to take the time to inquire as to the wellbeing oftheir family, friends, and neighbors over the next few days and to genuinely convey theirappreciation for their existence by any gesture they deem appropriate. A simple phonecall, message, handshake, or hug can go a long way towards helping someone realizethat suicide is not the answer.

NOW,THEREFORE, be it resolved that I, DAVID W. MINGUS, Mayor of the Cityof East Peoria, Illinois do hereby proclaim the month of September 2018 as

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National Suicide Prevention Awareness Month

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal ofthe City of East Peoria to be affixed this 4th day of September 2018.

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EAST PEORIA, ILLINOIS

RESOLUTION BY COMMISSIONER

SECONDED BY COMMISSIONER

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS THATTHE CLAIMS AS LISTED ON SCHEDULE NO. 8 BE ALLOWED. MR. MAYOR,

I MOVE THAT THE CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE ORDERS ON

THE TREASURER FOR THE VARIOUS AMOUNTS, TOTALING

AND THE SCHEDULES OF BILLS BE HEREBY ADOPTED AS PRESENTED.

APPROVED:

ATTEST:

CITY CLERK

MAYOR

$1,724,663.96

RESOLUTION NO. 1819-058

August 7, 2018

DATE: 08/30/18 CITY OF EAST PEORIA PAGE: 1TIME: 09:38:32 SCHEDULE OF BILLS PAYABLEID: AP443000.CEP

GENERAL CORPORATE FUNDINVOICES DUE ON/BEFORE 08/31/2018

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

01-00-0-355 EASTPORT MARINA REIMBURSEMENT- DNR GAS 196.21REIMBURSEMENT- DNR GAS 303.01REIMBURSEMENT- DNR GAS 244.02

01-01-1-100 MORTON COMMUNITY BANK COSTC- PAPER/SUPPLIES 27.57OFFICE DEPOT PENS/PEN REFILLS/PAPER 1.78

01-01-2-014 MILLER HALL & TRIGGS 7/18 RETAINER FEE 1,000.007/18 LEGAL FEES 34,430.207/18 DEMOLITION LEGAL FEES 1,566.60

01-01-2-069 MILLER HALL & TRIGGS 7/18 RECORDING/FILING FEES 758.4001-01-2-070 MILLER HALL & TRIGGS 7/18 TRAVEL EXPENSES 181.35

7/18 MISC FEES 180.897/18 POSTAGE 191.74

01-01-3-023 MORTON COMMUNITY BANK USPS- ZBA PACKETS 12.88USPS- EP FOUNDATION PO BOX 120.00

01-01-3-070 JOURNAL STAR PROBATIONARY POLICE OFFICER AD 825.00OSF OCCUPATIONAL HEALTH NEW HIRE PHYSICAL 1,267.94TERRENCE G. MCCANN & ASSOCIATE PRE-EMPLOYMENT POLYGRAPHS 900.00


01-01-5-025 MORTON COMMUNITY BANK EPIPHANY FARMS- MNGRS MTG 13.52COSTCO- SUPLIES STATE TRNG 80.54COSTCO- SUPPLIES STATE TRNG 31.96PANERA- SUPPLIES STATE TRNG 28.26

01-01-5-070 MORTON COMMUNITY BANK AWARD GROUP- SHRM- CERT 56.6401-01-5-100 MORTON COMMUNITY BANK COSTC- PAPER/SUPPLIES 55.74

OFFICE DEPOT PENS/PEN REFILLS/PAPER 3.5501-01-5-182 MORTON COMMUNITY BANK KROGER- GC WARD RETIREMENT 136.36

SUBWAY- 6 WOW GIFT CARDS 30.0001-02-0-025 MORTON COMMUNITY BANK IGFOA- CONFERENCE REG 350.0001-02-0-040 CITY OF E P INS ESCROW RESERVE 9/18 GROUP INSURANCE PRMIUM 170,000.00

CONSOCIATE GROUP GROUP INSURANCE 43,035.53ADMIN FEES 8,418.52

01-02-0-070 FIVE STAR WATER COFFEE 42.4501-02-0-100 MORTON COMMUNITY BANK COSTC- PAPER/SUPPLIES 41.90

OFFICE DEPOT PENS/PEN REFILLS/PAPER 2.6601-02-0-187 EASTSIDE COMMUNITY ACCESS QTRLY 2% FRANCHISE 10-12/17 6,899.13

QTRLY 2% FRANCHISE 10-12/17 31,503.21QTRLY 2% FRANCHISE 1/16-3/18 6,313.41QTRLY 2% FRANCHISE 1/16-3/18 30,588.52

01-03-0-035 JOURNAL STAR LEGAL NOTICES 48.3601-03-0-045 VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 263.7601-03-0-069 JAN DIXON FARMER'S MARKET ENTERTAINMENT 75.00

JACK LAMBERT FARMER'S MARKET ENTERTAINMENT 75.0001-03-0-070 IL SECRETARY OF STATE NOTARY RENEWAL- CADWALADER 10.0001-03-0-100 MORTON COMMUNITY BANK COSTC- PAPER/SUPPLIES 111.47

OFFICE DEPOT PENS/PEN REFILLS/PAPER 7.1001-03-0-127 VITAL SIGNS INC. WIRE STAKES 110.00




01-03-0-128 IL GIS ASSOCIATION ILGISA REGIONAL MTG REG 60.002018 ILGISA CONFERENCE REG 255.00

01-04-0-052 MUTUAL WHEEL COMPANY BRAKE CHAMBER 138.8401-04-0-070 MUTUAL WHEEL COMPANY CARBURETOR CLEANER 12.64

VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 53.2901-04-0-110 ALTORFER RAIN GEAR 133.80

CINTAS CORPORATION VM UNIFORMS 76.55VM UNIFORMS 76.55

01-05-0-019 SAFETY FIRST LIFE SAFETY INSPECTIONS 975.0001-05-0-020 LIBERTY TERMITE & PEST CONTROL CP PEST CONTROL 28.00

CH PEST CONTROL 42.00JIMAX LANDSCAPE MOWING- 300 SHADY KNOLLS 110.00

MOWING- 212 MARIA 220.00MOWING- 112 LINDEN 70.00MOWING- 305 ELMWOOD 70.00MOWING- 307 ELMWOOD 70.00MOWING- 216 MULLER 70.00MOWING- 214 MULLER 70.00MOWING- 122 DONALD CT 70.00MOWING- 122 DONALD CT 70.00MOWING- 1910 SPRINGFIELD RD 70.00MOWING- 322 CASS ST 70.00MOWING- 212 MARIA 110.00MOWING- 908 MEADOW AVE 70.00MOWING- 124 W FAULKNER 210.00MOWING- 204 HARMONY AVE 280.00MOWING- 136 JOHNSON 170.00

JIMAX CORPORATION BOARD UP- 215 S PLEASANT HILL 128.0001-05-0-044 VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 924.6601-05-0-050 MENARDS PEORIA STEEL RACKING BEAM/FRAME 52.62

SHI INTERNATIONAL CORP WHITE NOISE SPEAKERS 861.50SPRINGFIELD ELECTRIC SUPPLY LAMPS 133.07

01-05-0-051 MORTON COMMUNITY BANK TSC- WATER JET 19.99SPRINGFIELD ELECTRIC SUPPLY TAMPER PROOF MULTI-BIT 36.82OGBORN PLUMBING, INC CITY PORTION VALVE REPLACEMENT 99.46

01-05-0-052 DRAKE-SCRUGGS EQUIPMENT, INC STEEL SOCKET/FITTINGS/NIPPLES 87.29ADVANCED AUTOMOTIVE CENTER 06 DODGE MANIFOLD/GASKET SET 634.56

01-05-0-070 TAZEWELL COUNTY TREASURER 2ND INSTALL PROPERTY TAXES 1,667.982ND INSTALL PROPERTY TAXES 1,292.792ND INSTALL PROPERTY TAXES 206.45


01-05-0-110 SENTRY SAFETY SUPPLY, INC HARD HATS/GLOVES/VESTS/GLASSES 121.8801-06-0-020 THOMPSON ELECTRONICS CO BUTTON PROGRAMMING 285.0001-06-0-045 VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 243.3801-06-0-047 MORTON COMMUNITY BANK MICROSOFT- LICENSING 105.00

MICROSOFT- LICENSING 624.00




01-06-0-048 THE TREE HOUSE INC TONER 574.4001-06-0-100 MORTON COMMUNITY BANK COSTC- PAPER/SUPPLIES 27.87

OFFICE DEPOT PENS/PEN REFILLS/PAPER 1.78CHRISTENBERRY SYSTEMS & ALARM ACCESS SYSTEM DOOR KEYFOBS 201.15

01-06-0-160 SHI INTERNATIONAL CORP DISPLAY SCREEN 685.29DISPLAY ADAPTERS 86.40DISPLAY ADAPTERS 201.64I-PAD CASE 22.91

----------------

DEPARTMENT TOTAL: 353,683.75================

APPROVED FOR PAYMENT BY:


POLICE PROTECTION FUNDINVOICES DUE ON/BEFORE 08/31/2018


03-00-0-018 TAZEWELL COUNTY (ANIMAL) 7/18 ANIMAL CONTROL 2,396.0003-00-0-021 MORTON COMMUNITY BANK OFFICE MAX- RANGE TARGETS 79.4703-00-0-023 MORTON COMMUNITY BANK STAMPS.COM- MONTHLY FEE 15.9903-00-0-025 MALLORY BURMEISTER REIMBURSEMENT- SIT/STAND DESK 165.62

MORTON COMMUNITY BANK BAYMOUNT- HOTEL TRNG 83.16RELENTLESS LLC DESERT SNOW TRNG- REGISTRATION 599.00

03-00-0-035 COMCAST MONTHY CABLE/INTERNET 5.97DAVID MEINDERS LESO ANNUAL RENEWAL 600.00

03-00-0-045 VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 2,117.8203-00-0-050 IL OIL MARKETING GAS PUMP REPAIR 427.17

LIBERTY TERMITE & PEST CONTROL PD PEST CONTROL 39.00CHRISTENBERRY SYSTEMS & ALARM DISPATCH DOOR REPAIR 180.00

03-00-0-051 KUSTOM SIGNALS, INC POWER CORD 162.00WATCHGUARD VIDEO VEHICLE CAMERA REPAIR 304.00

03-00-0-052 UFTRING AUTOMALL 16 FORD REPAIR 16-2 268.00WAL-MART COMMUNITY SQUAD CAR HEADLIGHTS 47.76ADVANCED AUTOMOTIVE CENTER 13 CHEVY SOCKET/HEADLAMP 13-9 47.61

13 CHEVY THROTTLE 13-5 384.7113 CHEVY RESONATOR 13-4 349.7908 FORD OIL/FILTER 08-7 24.9913 CHEVY BULB SOCKET 13-9 41.4815 FORD OIL/FILTER 15-1 24.9915 FORD OIL/FILTER 15-2 24.9911 CHEVY OIL/FILTER 11-2 46.4216 FORD OIL/FILTER 16-3 24.99

03-00-0-070 ACE USED TRUCK & AUTO PARTS TOWING 250.00DIANNE ELSTON DESK 60.00MORTON COMMUNITY BANK IL SEC OF STATE- LICENSE/TITLE 103.37

COPS INC- CONTROLLED BOX KEY 3.99SERVICEMASTER OF CENTRAL IL TRAUMA/BIO CLEANING 246.26

03-00-0-072 IL STATE POLICE BACKGROUND CHECKS 27.0003-00-0-100 MORTON COMMUNITY BANK AMAZON- THUMB DRIVES 19.00

OFFICE DEPOT FILES/SCISSORS/CD-R SPINDLE 466.3703-00-0-121 SUPPLYWORKS PAPER PRODUCTS/LINERS 93.2203-00-0-184 BAUERNHOF K-9 INC K-9 MAINTENANCE TRAINING 240.00

DUNLAP VETERINARY CLINIC K-9 EXAM 279.0003-00-0-185 WALTERS BROS HARLEY DAVIDSON MOTOR CYCLE MAINTENACE 1,023.70

----------------




FIRE PROTECTION FUNDINVOICES DUE ON/BEFORE 08/31/2018


04-00-0-025 MORTON COMMUNITY BANK IL TACTICAL- TASK FORCE TRNG 400.00IL TACTICAL- TASK FORCE TRNG 400.00WONDERSIGN- CHROME LICENSING 455.36C7D BAKERY- ACLS CLASS 12.00

04-00-0-035 MORTON COMMUNITY BANK WONDERSIGN- SUBSCRIPTION 777.00ACTIVE 911- RENEWAL 528.75

PEKIN DAILY TIMES GARDENIA DIST LEGAL NOTICES 283.5004-00-0-045 VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 951.7004-00-0-050 SUTHERLAND ACE HARDWARE FERTILIZER 12.99

SHOWER HEAD 22.99ELBOW/NIPPLES 13.58SCREWS/NUTS/ROPE STRAP 7.37STRAP DOWN 10.26STRAP DOWN 0.40ELBOWS/NIPPLES 7.78

TWIN CITY TENT & AWNING AWNING 267.8704-00-0-051 EICHENAUER SERVICES, INC. ICE MACHINE REPAIR 171.38

GETZ FIRE EQUIPMENT FIRE EXTINGUISHER MAINTENANCE 121.00ROGERS SUPPLY CO INC ICE MACHINE 2,213.17MES-ILLINOIS SCBA REPAIR 635.00

FIRE HOSE GASKETS 30.8504-00-0-052 GLOBAL EMERGENCY PRODUCTS CORE HEATER 623.95

2007 PUMPER REPAIR 65,515.00MORTON COMMUNITY BANK CARWELL- RUST PREVENTER 112.13

O'REILLY- REGULATOR/MUFFLER 204.77O'REILLY- DOOR ACTUATOR 23.99O'REILLY- BRAKE HOSE 59.19ADVANCED AUTO- BULBS 33.98

SUTHERLAND ACE HARDWARE AUTO FUSE 3.99MISC HARDWARE 5.38

TRUCK CENTERS INC P-3 AIR FILTER 47.92P-3 PREV MAINT/BELT REPAIR 1,192.46P-3 CRANK CASE/FILTERS/LAMPS 542.36

04-00-0-053 RAGAN COMMUNICATIONS, INC. E-1 KNOX BOX REPAIRS 190.00ALARM LIGHT REPAIR 142.50

04-00-0-070 EAGLE RECOVERY ASSOCIATES, INC AMBULANCE COLLECTIONS 197.50GETZ FIRE EQUIPMENT DRUG DROPBOX LOCK 296.00MORTON COMMUNITY BANK TARGET- BATTERIES 29.78

KROGER- WARD RETIREMENT 47.17KROGER- WARD RETIREMENT 169.40WALMART- FRAME 20.74COSTO- CAKE WARD RETIREMENT 19.18

SUTHERLAND ACE HARDWARE ROPE CLAMP 1.98WASP SPRAY 4.99MISC HARDWARE 2.45SILICONE GLUE 5.99

04-00-0-072 MORTON COMMUNITY BANK IAAI- CONFERENCE REG- KNAPP 225.00


FIRE PROTECTION FUNDINVOICES DUE ON/BEFORE 08/31/2018


04-00-0-100 OFFICE DEPOT POSTCARDS 19.46SCISSORS/BOX 7.81FLASH DRIVES 59.98

04-00-0-110 MES-ILLINOIS BOOT REPAIR 23.30HELMET FRONTS 404.50TURNOUT GEAR- RIGGENBACH 1,941.01BOOTS- KRUSE 390.00BOOTS- BOURSCHEIDT 390.00BOOTS- HANGARTNER 390.00

04-00-0-115 MES-ILLINOIS SMALL ENGINE FUEL 15.0004-00-0-121 SUPPLYWORKS PAPER PRODUCTS/CLEANERS 293.28

CREDIT- PAPER PRODUCTS -195.78PAPER PRODUCTS/LAUNDRY DET 193.39PAPER PRODUCTS/SCREENS 213.25LAUNDRY DET/CLEANERS 234.63

04-00-0-127 MILLER-BATTERIES PLUS BATTERIES 24.48SCBA BATTERIES 14.40

MORTON COMMUNITY BANK ACTION SAFETY- AED BATTERIES 269.7304-00-0-128 AIRGAS USA LLC OXYGEN CYLINDER 48.60

MORTON COMMUNITY BANK MCKESSON- NITROSTAT/GLOVES 272.57MCKESSON- DRUGS/TUBING 696.55MCKESSON- RESUCITATOR/DRUGS 72.92MCKESSON- NITRO BID OINTMENT 113.18CREDIT- MCKESSON RETURN -168.85MCKESSON- DRUGS/TEST STRIPS 508.52

PRAXAIR DISTRIBUTION INC OXYGEN 322.81BOUND TREE CORPORATION GLOVES/CHEST SEAL/TUBING 449.57

GAUZE/SYRINGE/GLOVES/GEL 683.75GAUZE/GLOVES/IV SOLUTION 316.87

04-00-0-180 AMBULANCE BILL OVERPAYMNT REFUND OVERPAYMENT 334.41----------------




SOLID WASTEINVOICES DUE ON/BEFORE 08/31/2018


05-00-0-017 WASTE MANAGEMENT SOLID WASTE TIPPING FEES 17,471.5805-00-0-018 WASTE MANAGEMENT RECYCLING TIPPING FEES 209.2305-00-0-052 MACK SALES & SERVICE OF MORTON DIRECTIONAL LAMP 84.04

E P TIRE & VULCANIZING TIRES 591.00TIRE REPAIRS 225.00TIRE REPAIR 286.95

05-00-0-070 MORTON COMMUNITY BANK FACEBOOK- RECYCLING POSTS 50.00VITAL SIGNS INC. RECYCLE SIGNS 501.00RICHS AUTO PARTS & SERVICE INC SAFETY TESTS 112.00

05-00-0-160 TOTER LLC RECYCLE TOTERS 33,208.7105-00-0-382 GETZ FIRE EQUIPMENT REIMBURSEMENT- RECYCLE TOTER 60.00

----------------




STREET & BRIDGE FUNDINVOICES DUE ON/BEFORE 08/31/2018


11-00-0-020 GETZ INDUSTRIAL CLEANING, INC HYDRAULIC LINE CLEAN UP 150.0011-00-0-052 AUTOZONE COMMERCIAL OIL 9.19

ALTORFER PIN 43.60VALVE MARKER/NOZZLE 16.70WAND/SHUT OFF ASSEMBLY 78.00FILTERS 159.95

CENTRE STATE INTN'L TRUCKING FILTERS/O-RING 135.40TUBE ASSEMBLY 73.02CLAMP PIPE 11.94

GERMAN BLISS TRACTOR CARBURETOR 39.73SPOOL INSERT 14.60

E P TIRE & VULCANIZING TIRE REPAIR 119.00TIRES 850.00RECAPS 1,564.00TIRE REPAIR 65.00

NETWORKFLEET INC GPS FOR VEHICLES 107.43HANSON INDUSTRIAL-PEORIA INC HOSE/NOZZLE 260.35KEY EQUIPMENT COMPANY SWITCHES 407.85KOENIG BODY & EQUIPMENT INC. CREDIT- SOLENOID VALVE -453.41

VIBRATOR 752.71MATHIS-KELLEY TRIMMER HEAD/SPOOL INSERT 47.45

RAPID SUPER CHAIN 53.90MUTUAL WHEEL COMPANY LICENSE PLATE BRACKET/BULBS 98.82SUNBELT RENTALS INC MANLIFT RENTAL 648.96

11-00-0-054 LASER ELECTRIC INC FAIRLANE ST LIGHTING MAINT 97.49CENTENNIAL/HIGHVIEW SIG MAINT 254.75WASHINGTON/ANNA SIG MAINT 254.75

11-00-0-055 CORE & MAIN DYE TABLETS 600.00HOERR CONSTRUCTION INC AVONDALE CIPP REINSTATEMENT 12,100.00KOENIG BODY & EQUIPMENT INC. PEKIN AVE EROSION CONTROL 17,770.00ROANOKE CONCRETE PRODUCTS CO BRICK/CONCRETE/PALLETS 853.08

11-00-0-056 LASER ELECTRIC INC VARIOUS LOCATES 216.2511-00-0-070 MILLER-BATTERIES PLUS WORK LIGHTS 238.40

MATHIS-KELLEY CHAINSAW/CHAIN 770.90VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 544.87SUTHERLAND ACE HARDWARE TRANSPORT CHAIN/HOOKS/PINS 116.62

BATTERY CHARGER 28.99PADLOCK 23.99PRIMER 71.62HEX BOLTS 30.44HEX BOLTS/WASHERS 6.12WELDED RING/CLAMP 10.54MISC HARDWARE 2.19ANCHOR LAG SHIELDS/DRILL BITS 25.78SPARK PLUGS/GUMOUT FLUID 17.97

TRI-COUNTY REGIONAL PLANNING 2019 PPUATS AGREEMENT 8,831.00RICHS AUTO PARTS & SERVICE INC SAFETY TESTS 386.50


STREET & BRIDGE FUNDINVOICES DUE ON/BEFORE 08/31/2018


11-00-0-110 SHERWIN-WILLIAMS VESTS 46.9511-00-0-122 LENZ OIL WASTE SERVICES, INC. SPRAY PATCH OIL 4,132.5011-00-0-129 MIDWEST CONSTRUCTION SIGNS 126.0011-00-0-135 MILLER HALL & TRIGGS 7/18 LANDSLIDE PROP FEMA 814.8011-00-0-163 ROGERS GROUP, INC COMMERCIAL CA-6 204.00

TAZEWELL COUNTY ASPHALT CO INC ASPHALT 2,540.40ASPHALT 2,093.64

----------------




SEWER CHLORINATIONINVOICES DUE ON/BEFORE 08/31/2018


14-00-0-124 BRENNTAG MID-SOUTH, INC CHLORINE 1,236.00DRUM RETURN -750.00

----------------

DEPARTMENT TOTAL: 486.00================



STREET LIGHTING FUNDINVOICES DUE ON/BEFORE 08/31/2018


16-00-0-046 AMEREN ILLINOIS 9/18 POWER TRAFFIC LIGHTING 1,272.62----------------




EASTSIDE CENTREINVOICES DUE ON/BEFORE 08/31/2018


21-01-0-020 OSF OCCUPATIONAL HEALTH DRUG SCREEN 36.0021-01-0-052 TUCKER AUTO REPAIR, INC 16 FORD OIL/FILTER 54.9921-01-0-070 GETZ FIRE EQUIPMENT EXTINGUISHER MAINTENANCE 648.00

MORTON COMMUNITY BANK UATTEND- TIME CLOCK FEE 79.00NEST LABS- FOL CAMERAS 10.00

21-01-0-110 GETZ FIRE EQUIPMENT FIRST AID SUPPLIES 32.6521-01-0-118 BEVCHEM SOLUTIONS POPCORN MACHINE REPAIR 178.95

COSGROVE DISTRIBUTORS CONCESSION SUPPLIES 107.06CONCESSION SUPPLIES 588.81CONCESSION SUPPLIES 105.71CONCESSION SUPPLIES 64.46

GORDON FOOD SERVICE, INC. CREDIT- CONCESSION SUPPLIES -50.65CONCESSION SUPPLIES 1,977.88CONCESSION SUPPLIES 2,005.95CONCESSION SUPPLIES 2,437.81CONCESSION SUPPLIES 1,008.42CONCESSION SUPPLIES 83.10CONCESSION SUPPLIES 1,037.91CONCESSION SUPPLIES 717.81CONCESSION SUPPLIES 159.12

MORTON COMMUNITY BANK COSTCO- CONCESSION SUPPLIES 23.98COSTCO- CONCESSION SUPPLIES 58.88AVANTI'S- CONCESSION GONDOLAS 225.00AVANTI'S- CONCESSION GONDOLAS 67.50AVANTI'S- CONCESSION GONDOLAS 135.00

ALPHA BAKING COMPANY CONCESSION SUPPLIES 71.90CONCESSION SUPPLIES 71.90CONCESSION SUPPLIES 71.90CONCESSION SUPPLIES 71.90CONCESSION SUPPLIES 71.90CONCESSION SUPPLIES 71.90

PEPSI-COLA PEPSI PRODUCTS 709.00PEPSI PRODUCTS 569.14PEPSI PRODUCTS 1,200.58PEPSI PRODUCTS 1,325.46PEPSI PRODUCTS 471.74

SUPER CITY DOTS LLC DIPPIN DOTS 2,508.00SUTHERLAND ACE HARDWARE HOT WATER NOZZLES 21.98

REFRIGERATOR THERMOMETERS 31.96SUPPLYWORKS PAPER PRODUCTS/SOAP 452.61

PAPER PRODUCTS/SOAP/LINERS 420.44AIR FRESHENER 58.80

21-02-0-051 THYSSENKRUPP ELEVATOR CORP ESC ELEVATOR MAINTENANCE 1,068.6921-02-0-070 BMI MUSIC, INC ESC MUSIC 349.0021-02-0-071 MORTON COMMUNITY BANK POUND FITNESS- LICENSING 19.99

BEACH BODY- LICENSING 29.95B3 FIT- LICENSING 19.99


EASTSIDE CENTREINVOICES DUE ON/BEFORE 08/31/2018


21-02-0-071 MORTON COMMUNITY BANK BEACH BODY- LICENSING 29.9521-03-0-051 GERMAN BLISS SMALL ENGINE FUEL 25.08

SUTHERLAND ACE HARDWARE FLY STRIPS/ANTI-FREEZE 38.5721-03-0-070 SUTHERLAND ACE HARDWARE SINGLE KEY CUT 1.8521-03-0-152 RIVERSTONE GROUP, INC BASEBALL FIELD MATERIAL 340.90

SITEONE LANDSCAPE SUPPLY SPRINKLER HEADS 603.32----------------




HOTEL-MOTEL TAXINVOICES DUE ON/BEFORE 08/31/2018


23-00-0-001 E P CHAMBER OF COMMERCE REIMBURSEMENT- 5/18 SALARY 1,375.00REIMBURSEMENT- 6/18 SALARY 1,375.00REIMBURSEMENT- 7/18 SALARY 1,375.00REIMBURSEMENT- 8/18 SALARY 1,375.00

23-00-0-044 VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 72.0223-00-0-070 MORTON COMMUNITY BANK COSTCO- JULY 4TH MEAL ITEMS 116.25

COSTCO- JULY 4TH MEAL ITEMS 637.0023-00-0-073 BESSLER WELDING INC 20 PLATES CUT 211.59

WREATH WELDING 149.62E P TIRE & VULCANIZING TRAILER TIRES 1,120.00HAGERTY STEEL & ALUMINUM CO. TUBES 188.22

TUBES 177.36TUBES 207.82

MUTUAL WHEEL COMPANY COUPLER 96.56SUTHERLAND ACE HARDWARE SPLICE 14.99HEARTLAND FABRICATIONS LLC GEARS/CLEVIS PINS 2,187.92

23-00-0-079 E P CHAMBER OF COMMERCE HOSPITALITY BREAKFAST GC 60.0023-00-0-150 BESSLER WELDING INC RAINBOW FIXTURE REPAIR 1,766.6723-00-0-151 HAGERTY INDUSTRIAL SUPPLY WELDING HELMET/CUTTING WHEEL 156.0023-00-0-152 PRAIRIE LAND GOLF & GOLF CART RENTALS 475.00

COOK RENTALS TABLE RENTAL 480.00D & K PRODUCTS FERTILIZER 339.50

FERTILIZER/FUNGICIDE/SPRAYER 880.25HOHULIN FENCE COMPANY FENCING 299.53RIVERSTONE GROUP, INC BASEBALL FIELD MATERIAL 340.89

23-00-0-153 E P TIRE & VULCANIZING TUBES 37.50TRAILER TIRES/STEMS 471.60

G-M MECHANICAL OF CANTON INC 2011 F350 FORD TRUCK BED 1,500.00INTERSTATE BATTERY SYSTEM OF BATTERIES 229.90SITEONE LANDSCAPE SUPPLY SWING JOINT INLETS/PITCHER 131.52

SOLENOID ASSEMBLY 103.51NOZZLES 64.40HOSE/NOZZLE 181.51

TUCKER AUTO REPAIR, INC 09 FORD EXHUAST MANIFOLD 505.94BEHM & HAGEMANN, INC GRASS SEED/FERTILIZER 186.58

23-00-0-182 CHRISTENBERRY SYSTEMS & ALARM ESC CONCESSION CAMERAS 6,723.0023-00-0-355 E P CHAMBER OF COMMERCE 5/1/18-5/31/18 SALARY REFUND 3,496.80

6/1/18-6/30/18 SALARY REFUND 3,496.80----------------




CAMP STREET TIFINVOICES DUE ON/BEFORE 08/31/2018


25-00-0-014 MILLER HALL & TRIGGS 7/18 CAMP ST LEGAL TIF 77.6025-00-0-073 TAZEWELL COUNTY TREASURER 2ND INSTALL PROPERTY TAXES 211,112.91

2ND INSTALL PROPERTY TAXES 163.67----------------




W. WASHINGTON ST TIFINVOICES DUE ON/BEFORE 08/31/2018


26-00-0-199 CULLINAN PROPERTIES LTD EP DOWNTOWN TAX INCENTIVE 111,517.97----------------




WATER & SEWERINVOICES DUE ON/BEFORE 08/31/2018


50-50-0-020 PDC LABORATORIES INC LAB TESTING SUPPLIES 211.25LAB TESTING SUPPLIES 16.25LAB TESTING SUPPLIES 16.25LAB TESTING SUPPLIES 276.25LAB TESTING SUPPLIES 132.00LAB TESTING SUPPLIES 195.00

50-50-0-021 L&S LABEL PRINTING UTILITY BILLS 392.6450-50-0-025 TODD ELLIS REIMBURSEMENT- MEAL TRNG 46.9850-50-0-040 CITY OF E P INS ESCROW RESERVE 9/18 GROUP INSURANCE PREMIUM 21,900.0050-50-0-045 FRONTIER 8/22/18-9/21/18 PHONE SERVICE 53.95

8/22/18-9/21/18 PHONE SERVICE 53.95VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 2,103.47

50-50-0-049 SHI INTERNATIONAL CORP TABLET COVER 91.6450-50-0-050 MORTON COMMUNITY BANK AMAZON- FILTERS 73.68

MENARDS-WASHINGTON ELBOW/CEMENT/ADAPTER/STRAP 64.2050-50-0-051 MILLER-BATTERIES PLUS BATTERIES 211.70

ALTORFER FILTERS/SEALS/GASKET/O-RING 1,848.00MORTON COMMUNITY BANK CLASSIC AUTOMATION- MODULE 177.53

CLASSIC AUTOMATION- CONTROLLER 123.00SPRINGFIELD ELECTRIC SUPPLY CONDUIT 42.19

ELBOW/COUPLING 6.27USABluebook VALVE 528.60

UNION ELBOW 31.95SIDENER ENVIRONMENTAL SVCS TUBING 306.96

50-50-0-052 AUTOZONE COMMERCIAL DOUBLE FLARING TOOL/NUTS/UNION 85.93E P TIRE & VULCANIZING TIRES 227.80NETWORKFLEET INC GPS FOR VEHICLES 107.43RICHS AUTO PARTS & SERVICE INC SAFETY TESTS 102.50

50-50-0-070 ALTORFER LONG WAND W/WHEELS/PAINT 149.50CINTAS CORPORATION MATS 51.94

50-50-0-110 BRET TUCKER REIMBURSEMENT- WORK BOOTS 82.4950-50-0-121 C & H REPAIR & SUPPLY CO DRILL/BITS 80.6750-50-0-123 CORE & MAIN TAP VALVE/EPOXY FLANGE 1,524.08

BRASS SADDLE/WRENCH 490.68VALVE BOX RISERS 1,150.14HYDRANT/STARGRIP RESTRAINT 3,214.70

R.A. CULLINAN & SON INC. FILL SAND 382.76FILL SAND/RECYCLED CONCRETE 2,309.10

MIDWEST CONSTRUCTION BARRICADE RENTAL 1,500.00UNITED READY MIX INC. CONCRETE 99.75BEHM & HAGEMANN, INC EROSION CONTROL BLANKET/SEED 212.03

EROSION CONTROL BLANKET 102.1550-50-0-124 MORTON COMMUNITY BANK KLUEVER TOOLS- EXT TOOL 34.9050-50-0-126 COLUMBIA PIPE & SUPPLY CO. PIPE/SEAL TAPE/COUPLER 604.16

PIPE/UNION BALL VALVE 622.0850-50-0-127 AIRGAS USA LLC ACETYLENE 93.52

OXYGEN 44.74


WATER & SEWERINVOICES DUE ON/BEFORE 08/31/2018


50-50-0-127 SUTHERLAND ACE HARDWARE ELECTRICAL TAPE/CAULK 37.74EPOXY/ADAPTER 18.34HEAD PLUGS 9.98MENDER HOSE 8.79RUST SPRAY 17.97LIQUID NAILS 6.59RUST SPRAY 11.98MISC HARDWARE 0.88STRAP 5.78

50-50-0-130 CORE & MAIN STRAINER GASKET/CHECK VALVE 250.0050-51-0-025 CENTRAL ILLINOIS ABUCS MEMBERSHIP DUES 100.0050-51-0-040 CITY OF E P INS ESCROW RESERVE 9/18 GROUP INSURANCE PREMIUM 15,500.0050-51-0-045 VERIZON WIRELESS 7/10/18-8/9/18 CELL SERVICE 812.9050-51-0-050 SPRINGFIELD ELECTRIC SUPPLY ADAPTER/CONDULET/BUSH/COUPLING 286.0750-51-0-052 NETWORKFLEET INC GPS FOR VEHICLES 107.44

MUTUAL WHEEL COMPANY CONVEX MIRROR 16.96RICHS AUTO PARTS & SERVICE INC SAFETY TESTS 91.50

50-51-0-080 ALTORFER FILTERS/TUBING/OIL 1,597.00FILTERS/CAP & PROBE/OIL 1,433.00

GRAINGER INC. BROWN PAPER TOWEL ROLL 109.6050-51-0-086 CORE & MAIN FLEX SEWER COUPLING 195.76

SUTHERLAND ACE HARDWARE CONCRETE ANCHORS 9.99ALL PURPOSE CEMENT 8.59

50-51-0-087 WASTE MANAGEMENT SLUDGE PROCESSING FEES 1,937.6050-51-0-092 SOURCE 1 ENVIROMENTAL LLC SEALANT 550.00

FLOW-TECHNICS WILLOW CT START UP SERVICE 2,300.0050-51-0-102 WAL-MART COMMUNITY SCALE/BATH TISSUE 37.8750-51-0-110 GRAINGER INC. CIRCUIT BREAKER LOCKOUT 127.13

SPRINGFIELD ELECTRIC SUPPLY CIRCUIT BREAKER LOCKOUT 27.0550-53-0-040 CITY OF E P INS ESCROW RESERVE 9/18 GROUP INSURANCE PREMIUM 1,400.0050-53-0-052 RICHS AUTO PARTS & SERVICE INC SAFETY TESTS 30.5050-53-0-070 SUTHERLAND ACE HARDWARE PLIER PUMP CHANNEL 18.99

MISC HARDWARE 12.9950-53-0-201 BUSEY BANK VACTOR TRUCK LOAN INTEREST 360.6350-53-0-240 BUSEY BANK VACTOR TRUCK LOAN PRINCIPAL 6,369.2650-57-0-256 MORTON COMMUNITY BANK AUTO-READ METER PRINCIPAL 13,024.62

AUTO-READ METER INTEREST 2,568.3550-57-0-257 MORTON COMMUNITY BANK ERI LOAN PRINCIPAL 18,425.83

ERI LOAN INTEREST 2,473.58----------------




RIVERBOAT GAMING TAX FUNDINVOICES DUE ON/BEFORE 08/31/2018


80-00-0-257 MORTON COMMUNITY BANK ERI LOAN PRINCIPAL 20,381.72ERI LOAN INTEREST 2,736.16

80-01-0-025 WASTE MANAGEMENT PD LAPTOP LOAN PRINCIPAL 2,611.14PD LAPTOP LOAN INTEREST 62.53

----------------




PAYROLL HOLDING ACCTSINVOICES DUE ON/BEFORE 08/31/2018


99-99-9-998 WAGES PAID 8/31/18 GF PAYROLL 551,709.378/31/18 WS PAYROLL 93,325.34

----------------




FINAL TOTALSINVOICES DUE ON/BEFORE 08/31/2018

------------------------------------------------------------------------------------------------------------------------------------

GENERAL CORPORATE FUND 353,683.75

POLICE PROTECTION FUND 11,272.84

FIRE PROTECTION FUND 85,380.09

SOLID WASTE 52,799.51

STREET & BRIDGE FUND 58,464.73

SEWER CHLORINATION 486.00

STREET LIGHTING FUND 1,272.62

EASTSIDE CENTRE 22,521.74

HOTEL-MOTEL TAX 32,606.25

CAMP STREET TIF 211,354.18

W. WASHINGTON ST TIF 111,517.97

WATER & SEWER 112,478.02

RIVERBOAT GAMING TAX FUND 25,791.55

PAYROLL HOLDING ACCTS 645,034.71----------------

GRAND TOTAL 1,724,663.96================

Ordinance No. 4409

ORDINANCE NO. 4409

AN ORDINANCE CHANGING THE ZONING CLASSIFICATION

OF CERTAIN REAL PROPERTY LOCATED AT 303 N. SUMMIT ROAD IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS

WHEREAS, the hereinafter described real property (the "Property") located in the City of East Peoria, Tazewell County, Illinois, is currently classified under the East Peoria Zoning Code as "R-1, One-Family Dwelling District"; and

WHEREAS, Melanie Spurgeon has proposed an amendment to the zoning map of the City of East Peoria for the purpose of changing the zoning classification of the Property to "R-3, Two-Family Residential District"; and

WHEREAS, after hearing pursuant to duly published notice, the East Peoria Zoning Board of Appeals has recommended approval of the proposed rezoning;

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

Section 1. The foregoing recitals are hereby adopted and found to be correct.

Section 2. The zoning classification of the Property as shown and described at "Exhibit A" attached hereto and incorporated herein by reference is hereby changed from “R-1, One-Family Dwelling District" to "R-3, Two-Family Residential District".

Section 3. Upon the effective date of this Ordinance, the change in zoning classification hereby adopted shall be marked on the official zoning map of the City of East Peoria.

Section 4. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk who is ordered to keep at least three (3) copies hereof available for public inspection in the manner provided by law.

Section 5. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 6. This Ordinance shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law.

2

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS _____ DAY OF ________________, 2018.

APPROVED:

Mayor

ATTEST:

City Clerk EXAMINED AND APPROVED:

Corporation Counsel

3

EXHIBIT A

Map of Location of Zoning Change (303 N. Summit Road)

Ordinance No. 4410

ORDINANCE NO. 4410

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR PROPERTY LOCATED AT 103 N. SUMMIT ROAD

IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS WHEREAS, Joseph Fussner (the “Petitioner”) has petitioned for a special use for the purpose of permitting an outdoor storage and sales lot for a landscaping business on certain real property zoned as “B-3, Business Service District” and located at 103 N. Summit Road, as shown and described at "Exhibit A" attached hereto and incorporated herein by reference (which property as so described hereinafter is referred to as the "Property"); and WHEREAS, after hearing pursuant to duly published notice, the East Peoria Zoning Board of Appeals has recommended approval of the proposed Special Use subject to certain conditions hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. A Special Use to allow an outdoor storage and sales lot for a landscaping business on the Property is hereby approved. Section 2. The establishment and continuation of the special use hereby authorized is contingent upon continual compliance with all applicable provisions of the City Code and the following special conditions:

1. Petitioner shall establish the Special Use approved by this Ordinance in accordance with a site plan (the “Site Plan”) prepared and submitted by the Petitioner. 2. Petitioner shall install either slats or mesh in the fence around the storage yard areas. 3. Petitioner shall pave any portion of the storage yard areas where any vehicles will be operating or otherwise allowed to travel. 4. Petitioner shall locate the handicap parking space in the parking lot at the closest accessible point to the front door south of the building on the Property. 5. Petitioner shall install and maintain the approved berm and landscaping plan in accordance with the Site Plan prepared and submitted by the Petitioner.

2

6. All improvements authorized or required by this Ordinance shall be completed prior to the issuance of the certificate of occupancy for the building on the Property and thereafter continuously maintained in accordance with the Site Plan.

Upon the violation of or failure to comply with the forgoing conditions or with any provisions of the City Code applicable to the Property or its use, the City Council may, after providing reasonable notice and an opportunity for a hearing, terminate the Special Use hereby approved. Section 3. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code. Section 4. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern. Section 5. This Ordinance shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law. PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS ______ DAY OF __________________, 2018.

APPROVED:

________________________________

Mayor ATTEST: ________________________________

City Clerk EXAMINED AND APPROVED: ________________________________

Corporation Counsel

3

EXHIBIT A

Map of Location of Special Use (103 N. Summit Road)

4

5

pF EASTp, Resolution No. 1819- 054o.,.

G ,co 'UNIT`(

Qe`o

401 W. Washington St.

East Peoria, Illinois 61611

Phone:( 309) 698-4715

Fax: ( 309) 698- 4747 TO: The Honorable Mayor David Mingus and Members

David W. Mingusof the City Council

Mayor

THRU: Jeffery A. Eder, City AdministratorCOMMISSIONERS

John P. Kahl FROM: Matt Berger, IT Coordinator

Public Health& Safety

Gary R. DensbergerDATE: 8- 16- 2018

Dept. of Accounts& Finance

SUBJECT: Barracuda network appliance maintenanceDaniel S. Decker

Dept. Streets&

Public improvements DISCUSSION: The city has 4 Barracuda network appliances to handlee- mail archiving, email spam filtering, perimeter security and content

Timothy J. Jeffersfiltering. We requested proposals for the ongoing maintenance from 3

Dept. Public Propertyvendors. 2 vendors supplied complete proposals. The Heart

Technologies proposal was only 5. 55% higher than the low bid fromJeffery A. Eder

Entre Computer Solutions.City Administrator

Morgan R. Cadwalader RECOMMENDATION: Approve the purchase of the annual maintenanceCity Clerk

from Heart Technologies Entre Computer Solutions for$ 11, 512. 92.

Jeffery M. BeckerDirector of Finance/ Treasurer

t9/(

i

0Dick Ganschow

Police ChiefMatt Berger

Alan ServisIT Coordinator

Fire Chief Office:( 309) 427- 7741

Email: mattberger( acityofeastpeoria. com

Ty LivingstonDirector of Planning andCommunity Development

Dennis W. Barron

Director of Public Works

Douglas E. McCartyDirector of Tourism&

Special Events

Dennis R. Triggs

City Attorney

EAST PEORIA—HOME OF THE FESTIVAL OF LIGHTS"

i

RESOLUTION NO. 1819- 054

East Peoria, Illinois

August 21, 2018

RESOLUTION BY COMMISSIONER Densberger

RESOLUTION APPROVING SERVICE AGREEMENT FOR THE CITY' S

COMPUTER AND IT NETWORK APPLIANCE MAINTENANCE

WHEREAS, the City' s computer and IT network equipment includes four

Barracuda network appliances for assisting with email archiving, filtering, and security;and

WHEREAS, the City has solicited proposals for an annual service agreement forthe ongoing maintenance of these Barracuda network appliances for the City' s computerand IT network ( the " Network Appliance Service Agreement"); and

WHEREAS, Heart Technologies, Inc. (" Heart") has provided a quote of$ 11, 512. 92

for a one- year Network Appliance Service Agreement; and

WHEREAS, Heart currently provides additional assistance to the City for the City'scomputer and IT network under separate service agreements, and City Officials find thatthis consistency of service across the City' s network provides for time and costefficiencies that significantly benefit the City for both maintenance and trouble-shootingfor the network; and

WHEREAS, as a result of the benefits from this consistency and efficiency of

service, City Officials find the quote from Heart to be the lowest responsible bid for theNetwork Appliance Service Agreement under the terms and conditions set forth incontract documents attached hereto as " Exhibit A" and incorporated by reference ( theService Contract") at a total annual cost not to exceed $ 11, 512. 92; and

WHEREAS, it is in the best interests of the City to enter into the Service Contractwith Heart for the Network Appliance Service Agreement;

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

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

Section 2. The City hereby approves the Service Contract with Heart

Technologies, Inc. for the City' s Network Appliance Service Agreement.

Section 3. The City Administrator or his designee is authorized and directed toexecute the Service Contract ( Exhibit A) with Heart Technologies, Inc. on behalf of the

City for the ongoing maintenance of the Barracuda network appliances for the City' scomputer and IT network, together with such changes therein as the Mayor in his

discretion deems appropriate; provided, however, that the City shall have no obligationunder the terms of this Resolution until an executed original of the Service Contract hasbeen delivered to Heart Technologies, Inc.

APPROVED:

Mayor

ATTEST:

City Clerk

2

EXHIBIT A

Service Contract

HEART

Prepared for:

City of East Peoria

Prepared by:

Blake Barnard

Engineered by:

Susan Morris

Barracuda Renewals 18'

Quote# BB001952EP I Version 1

IT Networking I Communications I Security I Life Safety I Infrastructure

H€ ARTP

d©

hea7000E: bbarnar@heart. net

www. heart. net

Web Security Gateway

Description Qty

1 Year Advanced Threat Protection 1

1 Year Energizer Updates 1

1 Year Instant Replacement 1

I

Email Security Gateway 400

Description

1 Year Advanced Threat Protection 1



I

Message Archiver

Description Qty



t

NextGen Firewall

Description Qty



1


Page 2 of 5

4

309427

IEARTP7000

E bbarnard@heart. net

www. heart. net

Barracuda Renewals 18'

Prepared for: Prepared by: Details:

City of East Peoria East Peoria Quote#: BB001952EP

Matt Berger Blake Barnard Version: 1

401 W Washington St 309. 427. 7264 Delivered: 08/ 16/ 2018

East Peoria, IL 61611 Fax 3094277007 Expires: 08/ 30/ 2018MATTBERGER@CITYOFEASTPEORIA. 0 bbarnard@heart. net

OM

309) 427- 7741

Quote Summary

Description Amount

Recurring Subtotal 0. 00

Total 11, 512. 92

Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.

Signature Date

IT Networking I Communications I Security Life Safety I Infrastructure

Page 3 of 5

HEARTP

d@hea7000E: bbarnar@heart. net

www. heart. net

Standard Terms and Conditions

1. This proposal is in accordance with our understanding of the requirements of the project and from verbal information which we received from the Customer, or itsagent, and if written plans arid specifications are furnished by Customer, and HEART Technologies, Inc.,( from here on referred to as HEART Technologies, Inc.)interpretation of them, HEART Technologies, Inc. assumes no responsibility as to the accuracy of such plans and specifications. It is further understood andagreed that this proposal and contract does not include any labor or materials not specifically mentioned herein. Any additional work not covered herein shall bebilled as time and material.

2. Terms and amount of payment shall be those specified herein. Payment shall be 50% down at contract signing, 30% upon receipt of materials, and the

remaining 20% due upon completion of this contract where the work is completed within the same month as the billing period. Where work continues beyond aperiod of 30 days, or is delayed for reasons beyond the control of HEART Technologies, Inc., monthly progress payments shall be paid in an amount equal to 90%

of the first 50% of the job covered by this contract and 100% of the last 50% of the job covered by this contract. Payment shall be made to HEART Technologies,Inc. by the 10th of the month following the date of any billing. HEART Technologies, Inc. shall not be required to proceed with the installation of the work if thepayments applying on same have not been made as specified in the contract In the event suit is filed by HEART Technologies, Inc. to collect any Moneys duehereunder or to enforce any other provisions of the contract, the Customer agrees to pay all cost, and the attorneys fees incurred. Past Due balances shall becharged finance charges ata rate of 1 5% per month. Customer agrees to pay these charges, if for any reason payments are not received by due date.

3. Alterations or additional work ordered by Customer or his agent shall constitute an addition to this proposal, and shall be charged for on a time and materialbasis in accordance with the current prices shown in a locally recognized trade pricing standard, in effect at time of billing. If any additions to the contract areordered, the amount to be paid for the same shall be determined by the Customer and HEART Technologies, Inc. at the time that they are ordered, and if they donot agree upon an amount to be paid, then the Customer shall pay a reasonable price therefor. If the change requested by the Customer shall reduce the amountof labor or material, or both, that HEART Technologies, Inc. shall furnish to the project, then the Customer and HEART Technologies, Inc. shall agree at the time

that the change is requested on the amount of credit that shall be given by HEART Technologies, Inc to the Customer, and if they do not agree upon an amount ofcredit then the reasonable value of the labor and material shall be credited to the Customer. HEART Technologies, Inc. shall receive written orders for all

additional work or changes signed by an authorized person before proceeding with such additions or changes. However, if such written orders are not receivedthis shall not affect the right of HEART Technologies, Inc. to receive payment as outlined above for said labor and materials so furnished. Payments for additionsor changes shall be made under the same terms and conditions as are embodied in the original proposal and contract.

4. All prices quoted herein are firm upon acceptance of this proposal, and are subject to correction prior to acceptance. Al written proposals are conditioned uponacceptance within time limit specified on the face of this proposal. Verbal quotations are subject to immediate acceptance and terminate the day they are made.

5. It is a condition of this proposal that all materials or devices which are supplied by HEART Technologies, Inc. for installation will be of a type that is approved forthe purpose. It is further stipulated that the Customer will assume the same responsibility for any material or equipment not fumished by HEART Technologies,Inc..

8. This proposal including any plans, specifications, drawings or engineering data are furnished by HEART Technologies, Inc. to Customer in trust for determiningthe scope of the work to be performed and shall remain the property of HEART Technologies, Inc.. They shall be immediately returned to HEART Technologies,Inc. in the event it is not awarded the contract to perform such work If such plans, specifications or other data are used for the purpose of obtaining other bids orin connection with the installation, the Customer shall pay HEART Technologies, Inc. for all expense in preparing such plans or other data on an engineering feebasis.

7. Unless otherwise provided herein, the amount of any present or future sales or other tax, Federal, State or City, which we now, or hereafter shall be required topay, either on our own behalf or on behalf of the Customer, or otherwise, with respect to any labor or material covered by this proposal shall be added to the pricesquoted herein and paid by the Customer in the same manner and with the same effect as if originally added hereto.

8. If the Customer shall enter into a sale or shall sell all or any part of the premises herein involved, the full amount remaining unpaid on this contract becomes dueand payable within 48 hours after date of such sale or agreement of sale at the option of HEART Technologies, Inc.. Title to any of the material sold or installedhereunder by HEART Technologies, Inc. shall remain HEART Technologies, Inc. until all the terms hereof have been complied, with, and in the event suchmaterials are affixed to realty, it is expressly understood and agreed that they shall remain personal property subject to removal by HEART Technologies, Inc..The owner, buyer and Customer hereby waive any and all daims for damage to said realty or buildings caused by the removal of said materials or any part

thereof.

9. This proposal is contingent upon approval by the authority having jurisdiction. Should additions or modifications be recommended by the authority havingjurisdiction, or should the scope of protection change, this proposal will be adjusted accordingly.

10. We represent that the products listed within this quotation are free from defects in material or workmanship. Any product or part, thereof, which proves to bedefective in workmanship or material during a period equal to manufacturer' s warranty but not to exceed twelve( 12) months from the date of purchase( unlessotherwise stated in the proposal) shall be replaced at no charge during normal working hours.

11. Any repairs or modifications of the system as installed by the owner, owner' s representative or any third party will void the warranty as stated herein.

12. HEART Technologies, Inc. maintains the capability to service your system using our factory- trained technicians from our nearest service facility on a 24- hoaremergency basis.

13. The price has been determined on the basis of straight time and normal work week. No overtime will be worked unless ordered by Customer or his


Page 4 of 5

HEARTP

d@hea7000E: bbarnar@heart. net

www. heart. net

representative. In the event overtime is worked, the overtime premium rates plus HEART Technologies, Inc. regular mark- up for overhead and profit will be paid asan extra.

14. Upon acceptance, it is understood and agreed that this contract cannot be canceled except by mutual consent, and then only after payment to HEARTTechnologies, Inc. for all labor, material and job costs plus his regular mark- up for overhead and profit.

Authonzaton to proceed with work or issuance of purchase orders by Customer to HEART Technologies, Inc. accepting any or all parts of this proposal shall be

subject to the foregoing conditions.

It is the policy of Heart Technologies, Inc. to provide equal opportunity in employment for all qualified persons and to prohibit discrimination in employment on thebasis of race, creed, color, sex, age, national origin, religion, usability or veteran status.


Page 5 of 5

6o/11sore

h cisVendor Cost Amount over min% of min

Heart 11, 512. 92 $ 604. 89 105. 55%

SHI 11, 324. 30 $ 416. 27 103. 82%

Entre Rock $ 10, 908. 03 $ 100. 00%

Entre Computer Solutions QUOTE8900 North 2nd Street

JV Machesney Park IL 61115815) 399- 5664 FAX: ( 815) 399- 5717

Date Quote#

ENTRE\ 8/ 3/ 2018 ENTQ16804- 08

Computer Solutions

Customer: CITY OF EAST PEORIA Ship To: CITY OF EAST PEORIA

MATT BERGER MATT BERGER

100 S MAIN ST 100 S MAIN ST

EAST PEORIA, IL 61611 EAST PEORIA, IL 61611

Phone: 309- 427- 7602 Phone: 309- 427- 7602

Fax: Fax:

Terms Sales Rep Prepared By P. O. Number Ship Via

Drewi

LoriJ

Qty I Description Expiration Unit Price Ext. Price

UNIFIED RENEWAL QUOTE

1 Barracuda 400 Spam Filter Total Protection Plus- 1 Year 9/ 5/ 2018 4, 135.62 4, 135. 62

1 Barracuda 400 Spam Filter Instant Replacement- 1 Year 9/ 5/ 2018 892. 66 892. 66

SN: BAR- SF- 552823

FIREWALL RENEWAL

1 Barracuda x300 Firewall Energize Updates- 1 Year 9/ 6/ 2018 337. 55 337. 55

1 Barracuda x300 Firewall Instant Replacement- 1 Year 9/ 6/ 2018 422. 60 422. 60

SN: BAR- FW- 452045

MESSAGE ARCHIVER RENEWAL

1 Barracuda 350 Message Archiver Energize Updates- 1 Year 9/ 17/ 2018 1, 268. 71 1, 268. 71

1 Barracuda 350 Message Archiver Instant Replacement- 1 Year 9/ 17/ 2018 1, 033. 23 1, 033. 23

SN: BAR- MA- 555313

WEB FILTER RENEWAL

1 Barracuda 410 Web Filter Total Protection Plus- 1 Year 9/ 4/ 2018 1, 972. 45 1, 972. 45

1 Barracuda 410 Web Filter Instant Replacement- 1 Year 9/ 4/ 2018 845.21 845.21

SN: BAR- YF- 556176

THIS IS NOT AN INVOICE

SubTotal 10, 908. 03

Sales Tax 0. 00

Shipping& Handling 0. 00

Total 10, 908.03

08/ 03/ 18 12: 58: 04 r Page 1

1 of 2

Content may not be disclosed in whole or in part with any third party without written consent of Entre. Pricing is subject to change without notice. For approval to order please signand date in the space provided below and fax to our offices at( 815) 399 5717 or email the sender referencing the quote number at the top of the document.

Please do not send payments until invoiced.

Tax is not calculated on quotes. All payment should be based on invoice.

Customer Signature Date

For immediate assistance contact:Drew Tennant

Toby BurtonOutside Sales Consultant Inside Sales ConsultantEntre Computer Solutions Entre Computer Solutions815) 399- 5664 x. 237 815) 399- 5664 x. 239

drewt@entrerock. com tobyb@entrerock. com

08/ 03/ 18 12: 58:04Page 2ENTRE

2 of 2

Pricing ProposalQuotation#: 15768704

Created On: 8/ 8/ 2018

Valid Until: 8/ 31/ 2018

City of East Peoria Inside Account

Executive

Matt Berger Charlie Mcclelland

United States 290 Davidson Ave,

Phone:( 309) 427- 7602 Somerset, NJ 08873

Fax: Phone: 800- 477- 6479

Email: mattberger@cityofeastpeoria. com Fax:

Email: Charlie_ Mcclelland@shi. com

All Prices are in US Dollar( USD)

Product Qty Your Price Total

1 BARRACUDA NETWORKS: 1 Year Energize Updates for Barracuda Email Security 1 $ 1, 460. 41 1, 460. 41

Gateway 400Barracuda Networks- Part#: BSF400A- E1

2 BARRACUDA NETWORKS: 1 Year Energize Updates for BFWX300a 1 349. 79 349. 79

Barracuda Networks- Part#: BFWX300A- E1

3 BARRACUDA NETWORKS: 1 Year Instant Replacement for Barracuda Email Security 1 925. 05 925. 05

Gateway 400Barracuda Networks- Part#: BSF400A- H1

4 BARRACUDA NETWORKS: 1 Year Advanced Threat Protection for Barracuda Email 1 $ 2, 825. 26 2, 825. 26

Security Gateway 400Barracuda Networks- Part#: BSF400A- A1

5 BARRACUDA NETWORKS: 1 Year Energize Updates for Barracuda Web Security 1 $ 1, 070. 72 1, 070. 72

Gateway 410Barracuda Networks- Part#: BYF410A- E1

6 BARRACUDA NETWORKS: 1 Year Instant Replacement for Barracuda Web Security 1 875. 88 875. 88

Gateway 410Barracuda Networks- Part#: BYF410A- H1

7 BARRACUDA NETWORKS: 1 Year Instant Replacement for BFWX300a 1 437. 94 437. 94

Barracuda Networks- Part#: BFWX300A- H1

8 BARRACUDA NETWORKS: 1 Year Energize Updates for Barracuda Message 1 $ 1, 314. 74 1, 314. 74

Archiver 350

Barracuda Networks- Part#: BMA350A-E1

9 BARRACUDA NETWORKS: 1 Year Instant Replacement for Barracuda Message 1 $ 1, 070. 72 1, 070. 72

Archiver 350

Barracuda Networks- Part#: BMA35OA- H1

10 Barracuda Advanced Threat Detection- Subscription license( 1 year)- for P/ N: 1 993. 79 993. 79

BYF410A

Barracuda Networks- Part#: BYF410A-A1

Total $ 11, 324. 30

Additional Comments

Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date setabove. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract

Number when submitting a Purchase Order.

SHI International Corp. is 100% Minority Owned, Woman Owned Business.TAX ID# 22- 3009648; DUNS# 61- 1429481; CCR# 61- 243957G; CAGE 1HTFO

The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions

unless a separate resale agreement exists between SHI and the Customer.

MEMORANDUM

August 16, 2018

TO: Mayor David W. Mingus and Members of City Council

FROM: City Attorney’s Office (Scott A. Brunton)

SUBJECT: Financing for Purchase of New Recycling Truck for Public Works Department

_____________________________________________________________________

DISCUSSION:

On May 1, 2018, the City Council approved the purchase of a new recycling truck to assist with the City’s plan to enhance and upgrade the City’s recycling pick-up program in conjunction with the City’s solid waste collection program (Resolution No. 1718-133). This new recycling truck will further allow automated collection of recyclable materials from residential areas. As you may recall, the purchase of this new recycling truck was budgeted in equal parts over the current 2018-2019 and the upcoming 2019-2020 fiscal years. Furthermore, the revenue source for funding this purchase of the new recycling truck will be not realized by the City until the latter part of the 2018-2019 fiscal year.

In order to allow for the immediate purchase of this new recycling truck to assist with the City’s enhanced and upgraded recycling collection program, City Officials have determined that this purchase should be financed over a one-year period with semi-annual payments being made once during the 2018-2019 fiscal year and once during the 2019-2020 fiscal year. The cost for purchasing this new recycling truck is $275,000.

Based upon this determination, City Officials sought rate quotes from local financial institutions. Busey Bank provided the best overall rate quote, which also includes any loan origination fees for this financing. This Ordinance approves a one-year loan agreement with semi-annual payments with Busy Bank for the purchase of this new recycling truck in the amount of $275,000 at an annual interest rate of 2.79% plus a loan fee of $250.

RECOMMENDATION:

Our office recommends approval of this Ordinance.

c: Jeff Becker Dennis Barron Dennis Triggs

Ordinance No. 4412

ORDINANCE NO. 4412 AN ORDINANCE AUTHORIZING LOAN FOR FINANCING ACQUISITION

OF RECYCLING TRUCK FOR PUBLIC WORKS DEPARTMENT WHEREAS, by Resolution No. 1718-133, the City Council has previously

approved the purchase of a new solid waste truck for the Public Works Department for the collection of recyclable materials (the “Recycling Truck Acquisition”); and

WHEREAS, the Recycling Truck Acquisition has been budgeted to pay half during

the current 2018-2019 fiscal year and half during the current 2018-2019 fiscal year to better align with City revenue sources; and

WHEREAS, in order to address the City’s immediate need for the Recycling Truck Acquisition to support the City’s new recycling program, the City seeks to obtain financing for a one-year period that will permit the immediate Recycling Truck Acquisition while allowing for two semi-annual payments that align with the City’s budget plans and available revenue sources; and

WHEREAS, the funding needed for the Recycling Truck Acquisition is in the

amount of $275,000 to be financed for the one-year period with two semi-annual payments (the “Financing”); and

WHEREAS, City Officials have sought rate quotes from local banking institutions

for the Financing, resulting in the best rate quote (including loan fees) from Busey Bank at an annual rate of 2.79% with loan fees of $250 (the “Loan”); and

WHEREAS, the City hereby finds that the quoted interest rate from Busey Bank

complies with the Illinois Bond Authorization Act (30 ILCS 305/0.01, et seq.); and WHEREAS, Section 8-1-3.1 of the Illinois Municipal Code (65 ILCS 5/8-1-3.1)

authorizes the Corporate Authorities of the City to borrow money from any bank or other authorized financial institution upon the passage of an ordinance authorizing the execution by the Mayor of a promissory note providing for repayment of the money within ten (10) years after the money is borrowed; and

WHEREAS, the City can designate up to $10 million in tax-exempt obligations

issued on a calendar basis as “bank qualified” obligations under the IRS Code and related IRS regulations; and

WHEREAS, the City hereby further finds that it is in the best interests of the City

to approve the Loan with Busey Bank for the Recycling Truck Acquisition pursuant to the loan documents attached hereto as “Exhibit A”;

2

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

Section 1. The recitals set forth above are true and correct, and are incorporated

into this Ordinance by this reference Section 2. The Mayor is hereby authorized and directed to execute a promissory

note in favor of Busey Bank under the terms of which the City will borrow $275,000 at an interest rate of 2.79% per annum with a loan fee of $250, providing for two semi-annual payments, amortized over one (1) year in substantially the form attached hereto labeled as “Exhibit A” together with such other terms, conditions, and modifications as the Mayor in his discretion may approve. The Mayor, or his designee, is further authorized and directed to execute and attest such other documents and take such other action as is necessary to fulfill the obligations undertaken by the City upon the execution of such promissory note.

Section 3. The City hereby designates this Loan as a “bank qualified” obligation being issued for the purposes of meeting the requirements of Section 265(b)(3) of the Internal Revenue Code of 1986 regarding qualified tax-exempt obligations.

Section 4. This Ordinance is in addition to all other ordinances on the subject and

shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 5. This Ordinance shall be in full force and effect from and after its

passage and approval in the manner provided by law.

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF _________________, 2018.

APPROVED: ________________________________

Mayor ATTEST: ________________________________


Corporation Counsel

3

EXHIBIT A

Loan Documents

TO: The Honorable Mayor and the City Council THRU: Jeffery Eder, City Administrator FROM: Ty Livingston, Director of Planning & Community Development DATE: August 24, 2018 SUBJECT: Petition of the City of East Peoria for a text amendment to amend Title 4, Chapter 19 of the East Peoria City Code to establish a solar energy code. BACKGROUND: Back in December, the City Council approved the solar energy code. Since that time, the State of Illinois has developed regulations to administer these regulations statewide. The only substantive change to the original law is that Community Solar projects are now permitted to have up to (2) 2 MW projects on the same or adjacent parcels. So, these types of projects can now total up to 4 MW. The change proposed here brings our code in-line with the state regulations. RECOMMENDATION: Approval as presented.

mcadwalader

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Ordinance No. 4413

ORDINANCE NO. 4413 AN ORDINANCE AMENDING CHAPTER 19, TITLE 4 OF THE

EAST PEORIA CITY CODE REGARDING THE SIZE OF PERMITTED SOLAR PROJECTS UNDER THE CITY’S SOLAR ENERGY CODE

WHEREAS, the City has recently established a Solar Energy Code pursuant to Ordinance No. 4355 adopted in January 2018 for solar energy projects located in the City; and WHEREAS, based upon the Illinois Commerce Commission’s recent approval and modification of the Illinois Power Agency’s Long-Term Renewable Resources Procurement Plan (the “IPA Plan”), the permitted maximum size of a community solar project has been increased from 2 megawatts to 4 megawatts in order to allow more cost-effective siting for renewable energy project efficiency and for communities with limited siting options; and WHEREAS, the City Council hereby finds that it is in the best interests of the City to amend the City’s Solar Energy Code to permit the larger sized projects as recently authorized by the approved and modified IPA Plan and related regulations; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. The definition of “Community Solar Project” in Title 4, Chapter 19,

Section 2 of the East Peoria City Code is hereby amended as follows (additions are indicated by underline; deletions by strikeout):

4-19-2. Definitions.

(d) Community solar project means a solar-electric (photovoltaic) array with a nameplate capacity not exceeding two four thousand (2,0004,000) kilowatts AC that provides retail electric power (or financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar elective array, provided that the project consists of no more than (i) two arrays on one parcel such that neither array exceeds 2,000 kilowatts AC, or (ii) one array not exceeding 2,000 kilowatts AC on each of two contiguous parcels. Section 2. Title 4, Chapter 19, Section 11 of the East Peoria City Code is hereby

amended as follows (additions are indicated by underline; deletions by strikeout):

2

4-19-11. Fees charged for building permits. The fees for processing the applications for solar energy systems shall be as follows:

0–4 kilowatts (kW-dc)...................................................... $75.00 5–10 kilowatts (kW-dc) .................................................... $150.00 11–50 kilowatts (kW-dc) .................................................. $300.00 51–100 kilowatts (kW-dc) ................................................ $500.00 101–500 kilowatts (kW-dc) .............................................. $1,000.00 501–1,000 kilowatts (kW-dc) ........................................... $3,000.00 1,001–2,000 kilowatts (kW-dc) ........................................ $5,000.00

If there are two project arrays, either on one parcel or on two separate contiguous parcels as permitted for a Community Solar Project, each array will be assessed a separate fee as provided herein.

Section 3. This Ordinance is hereby ordered to be published in pamphlet form

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

Section 4. This Ordinance is in addition to all other ordinances on the subject

and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 5. This Ordinance shall be in full force and effect from and after its

passage, approval and ten (10) day period of publication in the manner provided by law.

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF _________________, 2018.

APPROVED:

________________________________ ATTEST: Mayor ________________________________


Corporation Counsel

TO: The Honorable Mayor and the City Council THRU: Jeffery Eder, City Administrator FROM: Ty Livingston, Director of Planning & Community Development DATE: August 24, 2018 SUBJECT: Site plan modification in Ordinance #4370 for a Special Use to allow the placement of a community solar project on properties owned by Fondulac Township located on East Washington Street. BACKGROUND: The petitioners are seeking to amend their Special Use with a revised site plan. The only change here is that, consistent with state regulations, they are now proposing (2) 2 MW Community Solar projects instead of one. All of the conditions contained within the initial ordinance remain the same. Those conditions are presented below.

Fencing is to be 6-foot, chain link around the entire perimeter of the development No barbed-wire is to be permitted as a topper The interior area is to be planted with vegetation conducive to encouraging

pollinators The access drive is to be paved from Washington Street to the project access point

upon completion of the installation of the panels The Special Use is to remain valid through the end of 2019 given the anticipated

time for the petitioners to work through the state’s application review and approval process and allow for timely delivery and installation of the solar units

RECOMMENDATION: Approval as presented.

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Ordinance No. 4414

ORDINANCE NO. 4414

AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE CONDITIONS IMPOSED ON THE SPECIAL USE GRANTED WITH RESPECT TO

PROPERTY LOCATED ON EAST WASHINGTON STREET NEAR ITS INTERSECTION WITH SUNRISE AVENUE IN THE CITY

OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS WHEREAS, pursuant to Ordinance No. 4370 approved on January 16, 2018

(“Ordinance No. 4370”), the City Council authorized a special use (the “Special Use”) for the purpose of permitting the placement of a community solar project on property zoned as “C-Conservation and Residential Estate District” located on East Washington Street near its intersection with Sunrise Avenue, which property is shown and described at “Exhibit A” attached hereto and incorporated herein by reference (which property is hereinafter referred to as the “Property”); and

WHEREAS, recently adopted State of Illinois regulations that govern the siting

and size of community solar projects now allow for larger solar projects, such that two solar projects (or arrays) may be permitted on one parcel of property or two adjacent parcels of property; and

WHEREAS, City Council is in the process of revising the City’s Solar Energy

Code to permit the larger solar projects by Ordinance No. 4413; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. Upon the approval and the subsequent effective date of Ordinance

No. 4413, the conditions applicable to the Special Use approved by Ordinance No. 4370 are hereby amended as follows:

1. The Project shall include up to two (2) solar arrays with

neither solar array exceeding two thousand (2,000) kilowatts AC in size and with the solar arrays being located on the Property in accordance with the revised site plan submitted by the Petitioner for two solar arrays and approved by the Director of Planning and Community Development.

Except as specifically modified by this Ordinance, the conditions applicable to the Special Use approved by Ordinance No. 4370 shall continue to apply as therein stated.

Section 2. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code.

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Section 3. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law. PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS ______ DAY OF __________________, 2018.

APPROVED: ________________________________

Mayor ATTEST: ________________________________


Corporation Counsel

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REVISIONS

DESCRIPTION# DATE

CONFIDENTIALITY STATEMENT

I1 ENERGY, LLC

525 BIG BEND TRAIL

SUGAR HILL, GA 30518

ENGINEERING MANAGER:

SHEET TITLE:

SHEET NO.

SEAL:

OWNER/DEVELOPER:

PROJECT:

PLOT DATE:

APP START DATEPROJECT NO: CHKDRN

THIS DRAWING AND ALL INFORMATION HEREIN IS THE

PROPERTY OF ENGINEER. ANY REPRODUCTION,

MODIFICATION OR USE OF THIS DRAWING FOR OTHER

THAN THE INTENDED PROJECT WITHOUT PRIOR WRITTEN

AUTHORIZATION FROM ENGINEER IS STRICTLY

FORBIDDEN.

TRAJECTORY ENERGY PARTNERS

P.O. BOX 310

HIGHLAND PARK, IL 60035

FONDULAC SOLAR, LLC

41.089715 N, 87.889442 W

4209 E. WASHINGTON ST (APPROX.)

EAST PEORIA, IL 61611

TAZEWELL COUNTY

C-100

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PHASE 1 AND 2

CONCEPTUAL SITE PLAN

09DEC17 RJBJCS HRM

B ISSUED FOR APPROVAL 20DEC17

C ISSUED FOR INFORMATION 06JUL18

July 6, 2018

A ISSUED FOR CLIENT REVIEW 12DEC17

SYSTEM DETAILS

SITE AREA 22.82 ± ACRES

DC SYSTEM SIZE5,244 KW

AC SYSTEM SIZE4,000 KW

DC / AC RATIO 1.311

POCC/POI VOLTAGE 13.2KV

PHOTOVOLTAIC MODULES

MANUFACTURER TBD

MODEL TBD

DC POWER @ STC

375 W

DC VOLTAGE 1500 V

MODULES PER STRING 27

TOTAL MODULES13,986

INVERTERS

MANUFACTURER SUNGROW

MODEL SG125HV

NOMINAL POWER RATING 125KW

TOTAL INVERTERS 32

SINGLE-AXIS TRACKER

MANUFACTURER / MODEL NEXTRACKER

ROW SPACING 14'-0"

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GENERAL NOTES

1. ALL DIMENSIONS SHOWN ARE APPROXIMATE AND SUBJECT

TO CHANGE.

2. NO PERMANENT PARKING IS PROPOSED

3. NO PERMANENT SITE LIGHTING IS PROPOSED.

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TO: The Honorable Mayor and the City Council THRU: Jeffery Eder, City Administrator FROM: Ty Livingston, Director of Planning & Community Development DATE: August 28, 2018 SUBJECT: Petition for the approval of subdividing property at 400 Pine Street. BACKGROUND: In June, the petitioners of the attached plat presented it to the planning commission. At present, the property is not within the City’s corporate limits but falls within our planning boundary. As a result of that meeting, the planning commission voted 6-0 to recommend approval and proposed the following recommendations with respect to the plat.

Establish an easement for tract 1 Dedicate a 100-foot diameter piece of property at the end of Pine for the future

improvement of a cul-de-sac Connect tract 4 to the property to south via a land hook (plat filing will need to be

coordinate with property transfer) One element that was missing from the list is annexation as the property as this is commiserate with the City’s past practice for parcels adjacent to the City. Late last week, staff met with the petitioners to discuss the potential terms of annexation and how much flexibility (with respect to water and sewer connections) that could be offered in an agreement. Since annexation was not a part of the petitioners’ original plans, they are not interested in pursuing it at this time and would like to have the City Council consider their subdivision plat without it. Staff believes given the area’s adjacency to the City it makes sense to require annexation. However, given the uniqueness of the proposed subdivision and its lack of developable lots (it’s basically splitting up two homesteads and providing them with some public street frontage), there’s not much loss to the City if annexation doesn’t occur here, at this time. However, staff believes requiring the petitioners to pay all costs associated with presenting to the City Council must be covered by them since they are not annexing at this time. The total cost for the City Attorney’s Office to be involved in this matter is $650. RECOMMENDATION: Approval as presented.

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Text Box

Ordinance No. 4415

ORDINANCE NO. 4415

AN ORDINANCE APPROVING THE SUBDIVISION PLAT FOR PROPERTY OFF OF PINE STREET

WHEREAS, Nancy George, Sherrill Mills, and Patty Bazil (hereinafter the “Petitioners”) own two parcels of property located outside the City’s corporate limits and adjacent to the City’s corporate limits with the address of 400 Pine Street, East Peoria, as shown and described at "Exhibit A" attached hereto and incorporated herein by reference (which property as so described is hereinafter referred to as the "Property"); and

WHEREAS, Petitioners have submitted a final Plat of Survey for the subdivision

and resubdivision of the Property into four parcels (hereinafter the “Subdivision”); and

WHEREAS, the Plat of Survey for the Subdivision is in substantial compliance with the provisions of the East Peoria Subdivision Code for qualifying small subdivisions of four or fewer parcels and has been recommended by the Director of Planning and Community Development;

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

Section 1. The Plat of Survey for the Subdivision is hereby approved for recording purposes. Upon compliance with all conditions imposed by this Ordinance, the Mayor and City Clerk are hereby authorized, respectively, to execute and attest such certificates as are necessary to indicate approval of the Plat of Survey for the Subdivision.

Section 2. The Petitioners have agreed to and are hereby required to pay the City the total sum of Six Hundred Fifty Dollars ($650.00) for expenses incurred, including legal expenses, by the City in reviewing and approving this Plat of Survey and reviewing related matters.

Section 3. Upon compliance with the conditions in this Ordinance, the Director of Planning and Community Development or his designee is authorized and directed to submit the Plat of Survey or authorize the submission of the Plat of Survey for recording purposes to the office of the Tazewell County Recorder of Deeds.

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

Section 5. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law.

2

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THIS DAY OF , 2018.

APPROVED:

Mayor

ATTEST:


Corporation Counsel

3

EXHIBIT A Map of Location of Property (400 Pine Street)

TO: The Honorable Mayor and the City Council THRU: Jeffery Eder, City Administrator FROM: Ty Livingston, Director of Planning & Community Development DATE: August 29, 2018 SUBJECT: RESOLUTION APPROVING A RIGHT-OF-WAY AND POLE

ATTACHMENT AGREEMENT WITH MOBILITIE, LLC BACKGROUND: As of this summer, the state enacted legislation permitting small wireless facilities in communities throughout the state. While this new law limits our ability to regulate these installations, the representatives from Mobilitie have been working with the City on a number of locations and been responsive to any concerns we have about installation. In addition, both parties are interested in an agreement (presented here) to further streamline our review and application process ensuring that we’re all on the same page. This agreement is in beneficial to the City as it offers some additional leverage for a breach of contract claim, instead of just a simple ordinance violation and is similar to the franchise agreements with other utilities. Should additional entities approach the City with small wireless facilities requests, we will likely seek a similar agreement with them. RECOMMENDATION: Approval as presented.

mcadwalader

Text Box

Resolution No. 1819-059


East Peoria, Illinois __________________, 2018

RESOLUTION BY COMMISSIONER ____________________________

RESOLUTION APPROVING A RIGHT-OF-WAY AND POLE ATTACHMENT AGREEMENT WITH MOBILITIE, LLC

WHEREAS, the Small Wireless Facilities Act (50 ILCS 835/1, et seq.) went into effect on June 1, 2018 (the “Act”), and regulates the collocation of small wireless facilities in municipal rights-of-way; and WHEREAS, the City of East Peoria (the “City”) passed Ordinance No. 4395 on June 19, 2018, which regulates the collocation of small wireless facilities in the City’s rights-of-way and allows the City to enter into pole attachment agreements with companies that choose to collocate small wireless facilities and accessories; and WHEREAS, Mobilitie, LLC (“Mobilitie”) has recently submitted proposed collocation for four (4) small wireless facilities in the City’s rights-of-way or on City utility poles; and WHEREAS, Mobilitie and the City seek to enter into a right-of-way and pole attachment agreement starting on or about September 1, 2018, attached hereto as “Exhibit A” (the “Agreement”), that will govern Mobilitie’s placement of small wireless facilities on City rights-of-way and on City-owned utility poles; and WHEREAS, the Agreement is consistent with the Act and Ordinance No. 4395, which includes the payment of application fees to the City, as well as an annual fee to the City; and WHEREAS, the Agreement also requires that when collocating small wireless facilities and accessories are in the rights-of-way, Mobilitie must maintain general liability insurance coverage at levels set forth in the City Code under Section 4-16.1-8; and WHEREAS, the City hereby finds that it is in the best interests of the City and its citizens to enter into the Agreement with Mobilitie, LLC for an initial ten (10) year term with additional five (5) year renewal terms and as provided in Exhibit A;

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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The above recitations are found to be true and correct. Section 2. The Agreement with Mobilitie, LLC, as attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute this Agreement on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate; provided, however, that the City shall have no obligation under the terms of the Agreement until such time as an executed original of the Agreement has been delivered to Mobilitie, LLC. APPROVED: ________________________________ Mayor ATTEST: ________________________________ City Clerk

RIGHTS-OF-WAY AND POLE ATTACHMENT AGREEMENT

This Rights-of-Way and Pole Attachment Agreement (“Agreement”) is entered into between the City of East Peoria, Illinois (“Licensor”) and Mobilitie, LLC (“Mobilitie”) and its successors and assigns. WHEREAS, Mobilitie wishes to access certain portions of the public rights-of-way within the Licensor’s territorial boundaries, including all locations defined as “Rights-of-Way” in Section 10 of the Small Wireless Facilities Deployment Act, 50 ILCS 835/1 et al, (“SWFDA”) (“Rights-of-Way”) to provide communications services; and WHEREAS, the Licensor wishes to enable Mobilitie to provide those services to benefit its residents; NOW, THEREFORE, the parties agree as follows: 1. Use of Rights-of-Way. Mobilitie may use the Rights-of-Way to install, maintain, operate, repair, modify, replace,

and/or remove from time to time certain (a) small wireless facilities, as defined by the SWFDA, used for the purpose of providing communications services, including antennas, radios, wireless microwave and other backhaul equipment, fiber optic cables, conduit, ducts, control boxes, vaults, poles, cables, power sources, and/or other equipment, appurtenances, and improvements facilities (“Facilities” or “Facility”); (b) new utility poles (“Mobilitie Poles”); and (c) any other use, disruption, and/or penetration of the Rights-of-Way by Mobilitie in the installation and/or maintenance of said Facilities or Mobilitie Poles including all undergrounding.

2. Application Fees. To the extent permitted by Law, the Licensor may charge the following one-time “Application Fees” to recoup its costs for issuing certain permits and approvals as follows:

a. $650 for an application to collocate a single Facility on any existing utility pole, including a utility pole owned

or controlled by the Licensor (“Authority Utility Pole”), or wireless support structure in the Rights-of-Way, and $350 for each Facility addressed in a consolidated application to collocate more than one Facility on all existing utility poles or wireless support structures in the Rights-of-Way.

b. $1,000 for each Facility addressed in an application that will be deployed on a new Mobilitie Pole.

In connection with the foregoing applications and to the extent required by Licensor’s regulations consistent with the requirements of the SWFDA, Mobilitie will submit to the Licensor design drawings and specifications for the Facilities and their proposed locations within the Rights-of-Way (whether installed subsurface and/or attached to poles or other structures owned by the Licensor, Mobilitie, or a third party). The Licensor shall process the foregoing permit applications in a non-discriminatory and competitively neutral manner and in conformance with applicable Law, including the Licensor’s review and approval timelines specified in the SWFDA.

3. Annual Fees. Mobilitie shall pay each calendar year to the Licensor an “Annual Fee” in the amount of $200.00 per Authority Utility Pole to which Mobilitie attaches Facilities. The Licensor shall not charge an annual fee for the attachment of Facilities by Mobilitie to existing wireless support structures or utility poles that are not Authority Utility Poles. Mobilitie’s obligation to pay Annual Fees will commence on the first day of the month following the date of attachment of Facilities to an Authority Utility Pole, and the initial payment thereof will be the Annual Fee (prorated for the remaining months of the calendar year) and made payable to the Licensor within thirty (30) days after such installation. Each subsequent Annual Fee payment will be due on January 1 of each subsequent year, until such time that the applicable Facilities are removed in accordance with this Agreement or this Agreement is otherwise terminated as further provided herein. Annual Fees shall be made payable in the form of a money transfer or check to the Licensor. All Annual Fees paid prior to the expiration or earlier termination of this Agreement or removal of the applicable Facilities by Mobilitie shall be retained by the Licensor.

4. Other Permits, Consents, and Fees. Mobilitie will obtain any other permits and pay any other fees applicable to

Mobilitie’s use of the Rights-of-Way only as required under the City Code, including sections of said Code that regulate the Rights-of-Way, utility poles, subdivisions, and small wireless facilities and/or any other applicable Law

mcadwalader

Text Box

Exhibit A

2

to the extent consistent with the SWFDA, including, without limitation, those designed to protect structures in the Rights-of-Way, to ensure the proper restoration of the Rights-of-Way and any structures located therein, to provide for protection and the continuity of pedestrian and vehicular traffic, and otherwise to protect the safety of the public’s utilization of the Rights-of-Way. Additionally, Mobilitie shall comply with the design and aesthetic regulations contained in Sections 4-16.1 and 6-3 of the City Code pertaining to small wireless facilities and subdivisions. Should Mobilitie seek to attach Facilities to an existing wireless support structure or utility pole in the Rights-of-Way that is owned by a third party, Mobilitie shall obtain all required authorizations and approvals from such third party, submit all required applications, and pay all required fees. Except as expressly set forth herein in Paragraphs 2 and 3, Mobilitie shall not be obligated to submit any other applications or pay any other Application Fees or Annual Fees in connection with Facilities or the installation of Mobilitie Poles, including in connection with routine maintenance, the replacement of Facilities with Facilities that are substantially similar, the same size, or smaller, and the placement of micro wireless facilities suspended on aerial cables. Notwithstanding anything contained in this Agreement to the contrary, Mobilitie shall not be required to obtain any permit, pay any fee, or be subject to any requirement or condition that does not generally apply to all other similarly situated occupants of the Rights-of-Way, except that anytime Mobilitie will penetrate the surface of the Rights-of-Way, Mobilitie shall comply with the City Code and obtain a right-of-way permit.

5. Make-Ready Work. With respect to make-ready work on Authority Utility Poles for which Licensor has approved

Mobilitie’s attachment of Facilities, including any required replacement of such utility poles:

a. for Authority Utility Poles that support aerial facilities used for providing communications or electric services, the parties shall comply with 47 U.S.C. § 224 and the implementing regulations of the Federal Communications Commission (“FCC”), including payment by Mobilitie to Licensor of any applicable one-time charges thereunder, except to the extent that applicable timing requirements are otherwise set forth in the SWFDA in which case the parties shall comply with the SWFDA; and

b. for all other Authority Utility Poles, Licensor shall provide, and Mobilitie shall pay the cost of, any required make-ready work in compliance with the pricing and timing requirements set forth in Section 15(i)(4)(C)-(D) of the SWFDA.

Notwithstanding the foregoing, to the extent the SWFDA permits make-ready work on, or replacement of, Authority Utility Poles to be undertaken by Mobilitie, Licensor shall permit Mobilitie to complete such make-ready work or Authority Utility Pole replacement at Mobilitie’s expense an in a manner consistent with Law and applicable industry standards.

6. Removal, Relocation and Abandonment. Mobilitie may remove one or more Facilities from time to time during the term, in which event Mobilitie shall provide advance notice thereof to the Licensor and Mobilitie shall have no further obligations or liability, including for the payment of Annual Fees, in connection therewith. If Mobilitie ceases use of a Facility attached to an Authority Utility Pole, it shall remove such Facility at its own expense. The Licensor may require Mobilitie to relocate a Facility or Mobilitie Pole under the circumstances permitted by applicable Law, and Mobilitie shall relocate such Facility or Mobilitie Pole within one hundred eighty (180) days (or such shorter time as reasonably required by the Licensor in the case of an emergency) to a mutually acceptable location at Mobilitie’s cost. In the event Mobilitie must relocate Facilities pursuant to this Section 6 or Section 9, Licensor shall make available, at no cost to Mobilitie, permits for such relocation of Facilities. Should it be determined that a Facility is abandoned according to Section 4-16.1-6 of the City Code or the SWFDA, the Licensor shall have the authority to remove the abandoned Facility according to the procedure set forth in the City Code.

7. Sale or Transfer of Facility. Should Mobilitie sell or transfer the ownership of such Facility, Mobilitie shall notify Licensor within thirty (30) days of such sale or transfer of the new owner’s name and contact information.

8. No Interference. Facilities shall not physically interfere with or cause harmful interference to frequencies or

equipment used by a public safety agency for public safety communications. The Licensor shall not knowingly, physically interfere with or cause harmful interference to Facilities installed by Mobilitie. Licensor shall not be

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responsible for any radio frequency interference at any time between small wireless facility providers. Mobilitie shall coordinate with the Licensor on any maintenance of Authority Utility Poles so as not to obstruct or impede the Licensor’s performance of such maintenance. Mobilitie shall provide the Licensor with a telephone number that the Licensor can contact to request Mobilitie’s coordination pursuant to this paragraph.

9. Cooperation with Undergrounding. Should Licensor or another utility company decide to underground its utilities and such undergrounding requires removal of a pole to which Mobilitie has attached its Facilities, Mobilitie will cooperate with the Licensor or utility company in the undergrounding process and will relocate its Facilities and poles and/or install new poles in a location that is agreed to by Licensor. Agreement by Licensor to an alternate location shall not be unreasonably withheld.

10. Term and Renewal. The term of this Agreement shall be for ten (10) years commencing on the date hereof and

shall automatically renew for successive five (5) year periods thereafter, unless Mobilitie or Licensor notifies the other of its intent not to renew at least ninety (90) days prior to the end of the then current term; provided that, if during any term of this Agreement, Licensor makes a finding that any Facilities or a Mobilitie Pole or Authority Utility Pole do not comply with the City Code provisions or paragraphs (6) and (9) of the SWFDA or any provisions of the East Peoria City Code (“City Code”), Licensor may elect not to renew permits for the non-complying Facilities after providing written notice to Mobilitie. Notwithstanding the foregoing, either party may terminate this Agreement in the event the other party materially breaches a provision herein and the breach is not cured within sixty (60) days after receipt of written notice thereof from the non-breaching party. If the nature of the breach reasonably requires more than sixty (60) days to cure, the breaching party will not be in default hereunder if such party promptly commences such cure and is diligently pursuing the same.

11. Compliance with Laws. Mobilitie’s use of the Rights-of-Way, and Licensor’s regulation and administration of the

Rights-of-Way, shall be consistent with the Licensor’s rights-of-way management regulations and all applicable federal, state, and local laws, statutes, ordinances, regulations, or administrative orders (including, but not limited to, those issued by the FCC its successor agency and the SWFDA, and the City Code and any binding judicial interpretations thereof (collectively, “Laws”). If any Laws that govern any aspect of the rights or obligations of the parties under this Agreement shall change after the date hereof and such change makes any aspect of such rights or obligations inconsistent with the then-effective Laws, then the parties agree to promptly amend the Agreement as reasonably required to accommodate and/or ensure compliance with any such legal or regulatory change. Nothing contained in this Agreement will prohibit the Licensor from changing the fee schedule on ninety (90) days advance notice should the SWFDA be amended or should any other federal or state law be passed that would allow the Licensor to increase the fees for installation of Facilities, poles, or accessories, provided that any increase imposed by Licensor of any fee set forth herein shall not cause such fee to be greater than an amount equal to the fee set forth herein increased on a compounding basis by three (3) percent per year starting from the date of execution of this Agreement. If any Law renders any provision of this Agreement invalid, the remaining provisions shall remain in full force and effect.

12. Indemnification. Mobilitie shall indemnify and hold Licensor harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the Rights-of-Way or Licensor Pole by Mobilitie or its employees, agents, or contractors arising out of the rights and privileges granted under this Agreement, except that Mobilitie shall have no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the Licensor or its employees or agents. The Licensor shall give prompt written notice to Mobilitie of any claim for which the Licensor seeks indemnification. Mobilitie shall have the right to investigate, defend, and compromise these claims with prompt notice to the Licensor’s attorney.

13. Limitations of Liability. Neither party shall be liable for consequential, indirect, special, or punitive damages (including lost revenues, loss of equipment, interruption or loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise.

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14. Insurance. Mobilitie shall obtain and maintain in full force and effect for the duration of this Agreement, Property

insurance for its property’s replacement cost, Commercial General Liability insurance and Commercial Automobile Liability insurance covering Mobilitie against any and all claims, injury or damage to persons or property, both real and personal, caused by the construction, erection, operation, or maintenance of the Facilities, in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than Two Million Dollars ($2,000,000) annual aggregate for each personal injury liability; statutory workers’ compensation as required by applicable law; employer’s liability insurance in an amount not less than One Million Dollars ($1,000,000); provided, however, that Mobilitie may self-insure, as defined by Section 4-16.1-8 of the City Code, all or a portion of the insurance coverage and limit requirements required hereunder to the extent permitted by Section 35(b) of the SWFDA. The insurance policies shall name the Licensor as an additional insured with the exception of the workers’ compensation policy and any coverage that Mobilitie may self-insure. Mobilitie shall furnish copies of certificates of insurance to the Licensor prior to installing any Facility and thereafter upon request from Licensor. Mobilitie will provide the Licensor with thirty (30) days’ prior written notice of cancellation. Mobilitie will provide proof of a certificate of bond in the amount of $20,000.00 as required by Section 4-16.1-8 of the City Code.

15. Notice. Notices required by this Agreement may be given by registered or certified mail by depositing the same in

the United States mail, postage prepaid, or by commercial overnight courier. Either party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows:

If to Licensor: With a copy to Licensor at: City of East Peoria City of East Peoria Attn: Mayor Miller, Hall & Triggs, LLC 401 West Washington Street Attn: Scott A. Brunton East Peoria, IL 61611 416 Main Street, Suite 1125

Peoria, IL 61602 If to Mobilitie: With a copy to Mobilitie at:

Mobilitie, LLC Mobilitie, LLC Attn: Legal Department Attn: Asset Management 660 Newport Center Drive 660 Newport Center Drive Suite 200 Suite 200 Newport Beach, CA 92660 Newport Beach, CA 92660

16. Governing Law and Venue. The provisions of this Agreement shall be construed under, and in accordance with, the

Laws of the State of Illinois without regard to its conflict-of-laws principles. This Agreement shall be interpreted in a manner consistent with the requirements of the SWFDA. In the event any court action is brought directly or indirectly by reason of this Agreement, the Illinois Circuit Courts for the County in which the Licensor is located shall have jurisdiction over the dispute and venue shall be in such County.

17. Miscellaneous. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. This Agreement is the complete and exclusive statement of the parties’ agreement with respect to the subject matter and supersedes all other oral and written agreements or communications between the parties prior to the execution of this Agreement relating to this subject matter. This Agreement will not be deemed to provide third parties with any remedy, claim, right of action, or other right. This Agreement may be executed, whether by hand signature or electronic signature via Docusign, in two or more counterparts, and delivered in multiple counterparts, which counterparts may be delivered by facsimile or via electronic mail with the same effect as delivery of the originals, all of which shall be considered one and the same original agreement and shall become effective when one or more counterparts have been signed by each of the

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parties. This Agreement shall take effect on the date that is the later of the dates on which each of the parties have executed this Agreement.

IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have executed this Agreement as of the dates below. CITY OF EAST PEORIA MOBILITIE, LLC ________________________________ ________________________________ Signature Signature ________________________________ ________________________________ Name Name

________________________________ ________________________________ Title Title ________________________________ ________________________________ Date Date

Department of Tourism and Special Events

TO: The Honorable Mayor and City Council FROM: Doug McCarty, Director of Tourism and Special Events DATE: August 30, 2018 SUBJECT: Festival of Lights/Winter Wonderland Security DISCUSSION: Each year the Fondulac Park Police supply an additional officer at Winter Wonderland for November and December. They are on site each night we are open. They also take the cash to the bank for deposit and patrol the park when we are not open. This is an annual payment. RECOMMENDATION: Approve the $15,000 for security detail

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RESOLUTION NO. 1819-061 East Peoria, Illinois

________________, 2018

RESOLUTION BY COMMISSIONER

WHEREAS, every year the Fon du Lac Park District assists the City with security

for the annual Festival of Lights by providing a Park District Police Officer each night the Winter Wonderland drive-through lighted display area (the “Display”) is operating during the months of November and December; and

WHEREAS, the Fon du Lac Park District Police Officer provides assistance when

visitors drive through the Display, patrols the park area when the Display is not open, and provides security and assistance with depositing Winter Wonderland receipts (the “Security Detail”); and

WHEREAS, the City and the Fon du Lac Park District have agreed to an annual

payment of $15,000 for the Security Detail; and WHEREAS, it is in the City’s best interest to make the payment to Fon du Lac Park

District for the Security Detail for services in November and December 2017;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT on behalf of the City, the Treasurer is hereby authorized and directed to pay the sum of the $15,000 to the Fon du Lac Park District for the Security Detail for the Festival of Lights. APPROVED:

________________________________ Mayor

ATTEST: _______________________________

City Clerk

“EAST PEORIA-HOME OF THE FESTIVAL OF LIGHTS”

TO: The Honorable Mayor and the City Council FROM Dennis Barron, Director of Public Works THRU: Jeffery A. Eder, City Administrator DATE: August 30, 2018 SUBJECT: RECOMMENDATION TO APPROVE $245,000 FOR MOTOR FUEL TAX

FUNDS FOR 2019 TO PAY FOR STREET SALT.

DISCUSSION: This resolution is to purchase salt with $245,000 of the Motor Fuel Tax Funds. We propose that $245,000 be allocated from the 2019 Motor Fuel Tax Funds be approved to pay for road salt. MFT funds must be utilized for street maintenance or salt purchases per Illinois Department of Transportation direction. Please see the attached resolution for the Illinois Department of Transportation detailing the $245,000 for the purchase of street salt. RECOMMENDATION: Approve $245,000 in Motor Fuel Tax (MFT) funds to purchase street salt.

2232 E. WASHINGTON ST. East Peoria, Illinois 61611 . Phone (309) 698-4716 FAX (309) 698-4730

Commissioners Dan Decker Tim Jeffers

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________________, 2018

RESOLUTION BY COMMISSIONER ______________________

WHEREAS, it is in the best interests of the City to allocate $245,000 for the

purchase of road salt; and WHEREAS, the allocated amount for the purchase of road salt will be paid through

an appropriation of 2019 Motor Fuel Tax Funds (“MFT Funds”) in the amount of $245,000; and

WHEREAS, in order to utilize 2019 MFT Funds for the purchase of road salt, it will

be necessary for the City to submit to the Illinois Department of Transportation (“IDOT”) a resolution appropriating MFT Funds in the form attached hereto labeled as “Exhibit A” (the “MFT Document”);

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the Mayor is hereby authorized and directed to execute the resolution for maintenance of streets and highways in the form set forth in the MFT Document, and to direct the immediate delivery of two certified copies thereof to the IDOT District Office in Peoria. APPROVED:

_________________________________ Mayor

ATTEST: _______________________________

City Clerk

Resolution for MaintenanceUnder the Illinois Highway Code

Printed 02/09/18 BLR 14220 (Rev. 03/13/17)

Resolution Type

OriginalSection Number

18-00000-00-GM

BE IT RESOLVED, by the Governing Body Type

Council of theLocal Public Agency Type

City of

Name of Local Public AgencyEast Peoria Illinois that there is hereby appropriated the sum of

Dollars ( )

of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from

Beginning Date01/01/18 to

Ending Date12/31/18

Resolution Number

.

BE IT FURTHER RESOLVED, that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above.

BE IT FURTHER RESOLVED, thatLocal Public Agency Type

City of Name of Local Public Agency

East Peoria

shall submit within three months after the end of the maintenance period as stated above, to the Department of Transportation, on forms available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation, and BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) ceritified originals of this resolution to the district office of the Department of Transportation.

IName of Clerk

Morgan CadwaladerLocal Public Agency Type

City Clerk in and for said Local Public Agency Type

City

of Name of Local Public Agency

East Peoria in the State of Illinois, and keeper of the records and files thereof, as

provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the

Governing Body TypeCouncil of

Name of Local Public AgencyEast Peoria at a meeting held on

Date

IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this

.

Dayday of

Month, Year.

(SEAL) Clerk Signature

APPROVED

Regional Engineer Department of Transportation Date

$245,000two hundred forty five thousand

19-00000-00-GM

01/01/19 12/31/19

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Exhibit A

Department of Tourism and Special Events

TO: The Honorable Mayor and City Council THRU: Jeffery Eder, City Administrator FROM: Doug McCarty, Director of Tourism and Special Events;

Dennis Barron, Director of Public Works DATE: August 23, 2018 SUBJECT: Festival of Lights Road Closures - IDOT DISCUSSION: Each year, the City of East Peoria is required to acquire permits from the Illinois Department of Transportation (IDOT) for the closure of State highways in East Peoria for the Festival of Lights. Two (2) permits are required, one for each state route that is temporarily closed for the parade. The permits are for temporary lane closures of Illinois Route 8 and Illinois Route 150. The parade will be held on November 17, 2018 RECOMMENDATION: Approve a resolution for temporary road closures and forward the permit requests to the Illinois Department of Transportation.

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________________, 2018

RESOLUTION BY COMMISSIONER __________________________

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

WHEREAS, the City of East Peoria is sponsoring The Festival of Lights Parade (the

“Parade”) in the City of East Peoria, which event constitutes a public purpose; and WHEREAS, the Parade will require the temporary closure of parts of Illinois Routes

8 and U.S. 150, all highways located in the City of East Peoria, but under the jurisdiction of the State of Illinois; and

WHEREAS, Section 4-408 of the Illinois Highway Code authorizes the Department

of Transportation (“IDOT”) to issue permits to local authorities to temporarily close portions of state highways for such public purposes;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The Director of Public Works or his designee shall request permission from IDOT to close the following sections of the indicated highways during the time period between 5:00 p.m. and 8:00 p.m. on Saturday, November 17, 2018: A. Illinois Route 8 from Dolans Lane to I-74 (“Section A”); and B. U.S. Route 150 from Veterans Drive to East Washington Street (“Section B”). Section 2. Traffic from the closed portions of the highways shall be detoured over routes with an all weather surface that can accept the anticipated traffic, which will be maintained to the satisfaction of the Department and which shall be conspicuously marked for the benefit of traffic diverted from the state highway. The parking of vehicles shall be prohibited on the detour routes to allow an uninterrupted flow of two-way traffic. The detour routes shall be as follows: A. For Section A: From Arnold Road to Fondulac Place to Highview Road to Illinois Route 116. B. For Section C: I-74 to Pinecrest Drive to Mueller Road east to South Pleasant Hill Road to Meadows Avenue.

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Section 3. The City of East Peoria assumes full responsibility for the direction, protection and regulation of the traffic during the time the detour is in effect. Section 4. Police officers or authorized flaggers shall, at the expense of the City of East Peoria, be positioned at each end of the closed sections and at other points (such as intersections) as may be necessary to assist in directing traffic through the detour. Section 5. Police officers, flaggers and officials shall permit emergency vehicles in emergency situations to pass through the closed area as swiftly as is safe for all concerned. Section 6. All debris shall be removed by the City of East Peoria prior to reopening the state highways. Section 7. Such signs, flags, barricades, etc., as may be approved by IDOT shall be provided and installed by the City of East Peoria. Section 8. The closure and detour shall be marked according to the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways. Section 9. The City of East Peoria hereby agrees to assume all liabilities and pay all claims for any damage which shall be occasioned by the closing described above. Section 10. The City of East Peoria shall provide a comprehensive general liability insurance policy or an additional insured endorsement in the amount of $1,000,000 per person $2,000,000 aggregate which has IDOT and its officials, employees and agents as insureds and which protects them from all claims arising from the requested road closing. Section 11. A copy of this resolution shall be forwarded to IDOT to serve as a request for the permission sought in this resolution and to operate as part of the conditions of said permission. APPROVED:

_________________________________ Mayor

ATTEST: _______________________________

City Clerk

“EAST PEORIA-HOME OF THE FESTIVAL OF LIGHTS”

TO: The Honorable Mayor and the City Council

THRU: Jeffery A. Eder, City Administrator

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

DATE: August 2, 2018

SUBJECT: Appropriation and Financing for Multiple Wastewater Treatment Upgrades

DISCUSSION:

During the past year, the City Council approved renovations to the wastewater treatment process, including multiple phases of projects to assure compliant and efficient wastewater processes. The City Council also placed into service a multi-faceted rate schedule to allow the proper capital funding to repay the loans needed for these projects. The engineering, and IEPA permitting is in process and loan appropriation is needed to proceed. The City needs to hold a public input meeting and approve the loan appropriations for the IEPA low interest project approval. The current engineering estimate for the entire project is $57,348,000

RECOMMENDATION:

Approve and submit appropriate documentation to proceed with the IEPA loan amount in the amount of $57,348,000 to facilitate the wastewater treatment process improvements.

2232 E. WASHINGTON ST. East Peoria, Illinois 61611 . Phone (309) 698-4716 FAX (309) 698-4730

Commissioners Dan Decker Tim Jeffers

Ordinance No. 4411

ORDINANCE NO. 4411

AN ORDINANCE AUTHORIZING THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS TO BORROW FUNDS IN AN AMOUNT NOT TO

EXCEED $57,348,000 FROM THE WATER POLLUTION CONTROL LOAN PROGRAM FOR THE CITY’S SANITARY SEWER SYSTEM UPGRADE PROJECT

WHEREAS, the City of East Peoria, Tazewell County, Illinois (the "City") operates a combined waterworks and sewerage system ("the System") in accordance with the provisions of Division 139 of Article 11 of the Illinois Municipal Code, 65 ILCS 5/11-139-1 et seq., and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (collectively, "the Act"); and

WHEREAS, the City Council of the City (the "Corporate Authorities") has determined that it is advisable, necessary, and in the best interests of public health, safety, and welfare to improve the sewerage system portion of the System, which improvements shall include the following:

Phase A: Wastewater Treatment Plant #1 headworks, grit, influent PS storm flow holding, effluent force main improvements, blower/chlorination building, and lab administration building; Phase B: Route 8 pump station, Route 8 storm flow holding, and force main improvements; Phase C: Wastewater Treatment Plant #3 influent interceptor, headworks, grit, influent distribution, storm flow holding improvements, blower building, and sludge dewatering; and Phase D: Wastewater Treatment Plant #1 secondary treatment conversion, effluent pump station, chlorination, anaerobic digester, aerobic digester, sludge dewatering and storage, and underflow recycle improvements,

together with any land or rights in land and all electrical, mechanical, or other services necessary, useful, or advisable to the construction and installation of these improvements (the "Project"), all in accordance with the plans and specifications for the Project prepared by The Farnsworth Group, the consulting engineers to the City for this Project, which Project has a useful life of at least twenty-five (25) years; and

WHEREAS, the estimated cost of construction and installation of the Project, including engineering, legal, financial, and other related expenses will not exceed $57,348,000, and there are insufficient funds on hand or lawfully available to pay these costs; and

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WHEREAS, the loan shall bear an interest rate as defined by 35 Ill. Adm. Code 365, which does not exceed the maximum rate authorized by the Bond Authorization Act as amended, 30 ILCS 305/0.01 et seq., at the time of the making of the loan; and

WHEREAS, the principal and interest payments on the loan shall be payable semi-annually, and the loan shall mature in twenty (20) years, which is within the period of useful life of the Project; and

WHEREAS, the costs of the Project are expected to be paid through a loan to the City from the Water Pollution Control Loan Program operated by the Illinois Environmental Protection Agency (“IEPA”), which loan shall be repaid from revenues of the System and is authorized to be accepted at this time pursuant to the Act; and

WHEREAS, in accordance with the provisions of the Act, the City is authorized to

borrow funds from the Water Pollution Control Loan Program in the aggregate principal amount of $57,348,000 to provide funds to pay for the costs of the Project; and

WHEREAS, the loan to the City shall be made pursuant to a loan agreement, including certain terms and conditions, between the City and the IEPA (the “Loan Agreement”);

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

Section 1. Incorporation of Preambles. The Corporate Authorities hereby find that the recitals contained in the preambles above are true and correct, and incorporate them into this Ordinance by this reference.

Section 2. Determination to Borrow Funds. It is necessary and in the best interests of the City to construct the Project for the public health, safety, and welfare in accordance with the plans and specifications as described above; that the System continues to be operated in accordance with the provisions of the Act; and that for the purpose of constructing the Project, the City is hereby authorized to borrow funds in an aggregate principal amount (which can include construction period interest financed over the term of the loan) not to exceed $57,348,000.

Section 3. Publication. This Ordinance, together with a Notice in the statutory form (attached hereto as Exhibit A), shall be published once within ten (10) days after its passage in the Peoria Journal Star, a newspaper of general circulation in the City. If no petition, signed by electors numbering ten percent (10%) or more of the registered voters in the City (i.e., 1,624 electors) and asking that the question of improving the System as provided in this Ordinance and entering into the Loan Agreement therefore be submitted to the electors of the City, is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and Notice, then this Ordinance shall be in full force and effect. A form of petition shall be provided by the City Clerk to any individual requesting one (attached hereto as Exhibit B).

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Section 4. Additional Ordinances. If no petition meeting the requirements of

the Act and other applicable law is filed during the 30-day petition period, then the Corporate Authorities may adopt additional ordinances or proceedings supplementing or amending this Ordinance authorizing the City’s entry into the Loan Agreement with the IEPA, prescribing all the details of the Loan Agreement, and providing for the collection, segregation, and distribution of all revenues of the System, so long as the maximum amount of the Loan Agreement as set forth in this Ordinance is not exceeded and there is no material change in the Project or purposes described herein. Any additional ordinances or proceedings shall in all instances become effective in accordance with the Act or other applicable law. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for entering into the Loan Agreement under applicable law.

However, notwithstanding the above, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference, or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Water Pollution Control Loan Program without the written consent of the IEPA.

Section 5. Loan Not Indebtedness of City. Repayment of the loan to the IEPA by the City pursuant to this Ordinance is to be solely from the revenue derived from charges imposed on users of the System, and the loan does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation.

Section 6. Application for Loan. The City’s Director of Public Works is hereby authorized to make application to the IEPA for a loan through the Water Pollution Control Loan Program for the Project, in accordance with the loan requirements set out in 35 Ill. Adm. Code 365.

Section 7. Acceptance of Loan Agreement. The Corporate Authorities

hereby authorize acceptance of the offer of a loan through the Water Pollution Control Loan Program, including all terms and conditions of the Loan Agreement, as well as all special conditions contained therein and made a part thereof by reference. The Corporate Authorities further agree that the loan funds awarded shall be solely for the purposes of the Project as approved by the IEPA in accordance with the terms and conditions of the Loan Agreement.

Section 8. Reserve Accounts. As long as the City has outstanding senior bonds that are payable from revenues of the System, the City shall also maintain an account, coverage, and reserves equivalent to the account(s), coverage(s) and reserve(s) required by the outstanding ordinance(s).

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Section 9. Authorization of Mayor to Execute Loan Agreement. The Mayor of the City is hereby authorized and directed to execute the Loan Agreement with the IEPA. The Corporate Authorities further authorize the City’s Director of Finance, in consultation with the Director of Public Works, to authorize or execute any documents associated with payment requests or reimbursements from the IEPA in connection with this loan and associated Loan Agreement.

Section 10. Severability. If any section, paragraph, clause, or provision of this Ordinance is held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance.

Section 11. Repealer. All ordinances, resolutions, or orders, or parts thereof, which conflict with the provisions of this Ordinance, are, to the extent of such conflict, hereby repealed.

Section 12. This Ordinance is hereby ordered to be also 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 13. 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 AUGUST, 2018.

APPROVED:

Mayor

ATTEST:


Corporation Counsel

EXHIBIT A

NOTICE OF INTENT TO BORROW FUNDS AND RIGHT TO FILE PETITION

NOTICE IS HEREBY GIVEN that, pursuant to Ordinance No. 4411 adopted

August 21, 2018, the City of East Peoria, Tazewell County, Illinois (the “City”) intends to

enter into a Loan Agreement with the Illinois Environmental Protection Agency to borrow

funds in an aggregate principal amount not to exceed $57,348,000 and bearing interest

per annum not to exceed the maximum rate authorized by law at the time of execution

of the Loan Agreement, for the purpose of paying the costs of certain improvements to

the sewerage system of the City. A complete copy of said Ordinance accompanies this

notice.

NOTICE IS HEREBY FURTHER GIVEN that if a petition signed by 1,624 or

more electors of the City (being equal to ten percent (10%) of the registered voters in

the City), requesting that the question of improving the City’s sewerage system and

entering into the Loan Agreement therefore is submitted to the City Clerk within thirty

(30) days after publication of this Notice, the question of improving the sewerage

system of the City as provided in the Ordinance and the Loan Agreement shall be

submitted to the electors of the City at the next election to be held under general

election law on April 2, 2019. A form of petition is available from the City Clerk at the

East Peoria City Hall, 401 W. Washington, East Peoria, Illinois.

Morgan R. Cadwalader, City Clerk

City of East Peoria, Tazewell County, Illinois

EXHIBIT B

PETITION

To the City Clerk of the City of East Peoria, Tazewell County, Illinois:

We, the undersigned, being registered voters of the City of East Peoria, Tazewell County, Illinois, do hereby petition you to cause the question of improving the sewerage system of said City, as provided in Ordinance No. 4411 of said City, and entering into the Loan Agreement as provided in said Ordinance, to be certified to the County Clerk of the County of Tazewell, Illinois, and submitted to the electors of said City at the General Election to be held on April 2, 2019. Name Address

_________________ ___________________________ _______________, Illinois

_________________ ___________________________ _______________, Illinois

_________________ ___________________________ _______________, Illinois

_________________ ___________________________ _______________, Illinois

_________________ ___________________________ _______________, Illinois

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_________________ ___________________________ _______________, Illinois

_________________ ___________________________ _______________, Illinois

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I, __________________, of ____________________________________ (insert

residence address), ____________________, Illinois, do hereby certify that the signatures on this petition were signed in my presence and are genuine, and, to the best of my knowledge and belief, the persons so signing were at the time of signing this petition registered voters of said City of East Peoria and that their respective addresses are correctly stated herein.

Subscribed and sworn to before me this _____ day of _____________, 20____. ________________________________

Notary Public

CERTIFICATION

I, Morgan R. Cadwalader, do hereby certify that I am the duly qualified and acting Clerk of the City of East Peoria, and that the above and foregoing, identified as Ordinance Number 4411, is a true, complete, and correct copy of an ordinance otherwise identified as “An Ordinance Authorizing the City of East Peoria, Tazewell County, Illinois to Borrow Funds in an Amount Not to Exceed $57,348,000 from the Water Pollution Control Loan Program for the City’s Sanitary Sewer System Upgrade Project”, passed by the City Council of the City of East Peoria at a regular meeting of the City Council on the ____ day of August, 2018, the original of which is part of the books and records within my control as Clerk of the City of East Peoria.

Dated this ____ day of ____________, 2018.

________________________________ Morgan R. Cadwalader, City Clerk

[Seal]

East Peoria Police Department

201 W. Washington St., East Peoria, Illinois 61611 Phone: (309) 698-4700 Fax: (309) 698-4725

TO: The Honorable Mayor and the City Council THRU: Jeff Eder, City Administrator FROM: Chief Dick Ganschow DATE: August 28, 2018 SUBJECT: Body Worn Camera Intergovernmental Agreement DISCUSSION: The City of East Peoria previously approved our participation in a federal grant with the City of Peoria, Peoria County, and the Peoria Park District for the purchase and deployment of a body worn camera solution for the Police Department. After many months we are finally able to move forward. A pilot program has been completed where cameras were tested in the field. Bids were solicited by several companies with the bid being awarded to Vievu, a subsidiary of Axon, the makers of Tasers. Upon the approval of the attached agreement and the approval of similar agreements with each entity, the equipment will ordered. Once equipment is received training will begin for all officers. After training we will begin to roll out the body cameras for street patrol work. East Peoria is receiving 45 cameras and related storage solution. Of these, 38 cameras will be used for each uniformed patrol officer and each uniformed patrol Sergeant. The other seven will be spares. The cost is a total of $46,567.76 over five years as broken down in Section 1 of the agreement. RECOMMENDATION: Approve the attached agreement with the City of Peoria for the purchase of a Body Worn Camera solution. cc: City Administrator Jeff Eder City Clerk Morgan Cadwalader

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East Peoria, Illinois , 2018

RESOLUTION BY COMMISSIONER _______________________________

RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PEORIA, ILLINOIS FOR PROCUREMENT OF

BODY-WORN CAMERAS AND PROGRAM DEVELOPMENT

WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois and Section 5 of the Illinois intergovernmental Cooperation Act authorize state and local governing bodies to cooperate in the performance of their services and responsibilities by contract and other agreements, and to combine, transfer or share powers by contract and other agreements; and WHEREAS, the City of Peoria, Illinois, (“Peoria”) is the recipient and the City of East Peoria (“City”) is a sub-recipient of Award No. 2017-BC-BX-0034 under the FY17 Body-Worn Camera Policy and Implementation Program (BWC-PIP); and

WHEREAS, participation of the City in the BWC-PIP will benefit the public, enhance community relationships, and serve as an aid in law enforcement and prosecutorial efforts; and

WHEREAS, partnering with Peoria on the implementation of the BWC-PIP for

purposes of procurement of the body-worn cameras, shared digital evidence storage, and policy development and implementation is in the best interest of both the City and Peoria; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. The findings and recitations hereinabove set forth are adopted and found to be true.

Section 2. The Mayor and City Clerk are authorized and directed to execute and

enter into the Intergovernmental Agreement with the City of Peoria (Exhibit A) for the procurement of body-worn cameras and program development, together with such changes therein as the Mayor in his discretion deems appropriate; provided, however, that the City of East Peoria shall have no obligation under the agreement until such time

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as an executed original of such documentation has been delivered to the Peoria Police Department.

Section 3. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law.

APPROVED:

________________________________ Mayor ATTEST:

_________________________________

City Clerk

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INTERGOVERNMENTAL AGREEMENT

BETWEEN THE CITY OF PEORIA AND THE CITY OF EAST PEORIA

This Agreement is made and entered into this ______________, 2018, by and between the CITY OF EAST PEORIA, of Tazewell County, State of Illinois, acting by and through its governing body, the City Council, hereinafter referred to as “EAST PEORIA”, and the CITY OF PEORIA, of Peoria County, State of Illinois, acting by and through its governing body, the City Council, hereinafter referred to as “CITY”, witnesseth: WHEREAS, this Agreement is made under the authority of Article 7, Section 10, of the Constitution of Illinois 1970 and the "Intergovernmental Cooperation Act", (5 ILCS 220/1 et. seq.) Government Code: and WHEREAS, the CITY is the recipient, and EAST PEORIA is a sub recipient of Award No. 2017-BC-BX-0034 under the FY 17 Body-Worn Camera Policy and Implementation Program (BWC-PIP) in the amount of $253,005.00: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interest of both parties, that the undertaking of this initiative will benefit the public, enhance community relationships, and will serve as an aid in law enforcement and prosecutorial efforts: and WHEREAS, each governing body, in performing governmental function or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, EAST PEORIA and CITY are partnering on this project for purposes of economies of scale through procurement of a single brand of camera and program development. Responsibility for the implementation and operational procedures of this program, and compliance with state and federal law, shall fall to each individual agency: and WHEREAS, the CITY is entering into a contract with VIEVU, LLC, a limited liability company, organized under the laws of the State of Washington, to provide a body worn camera solution (including, but not limited to providing 45 body-worn cameras and the software required for the implementation of the EAST PEORIA body-worn camera program) for EAST PEORIA and CITY for a period of 5 years. Should VIEVU, LLC or CITY fail to fulfill the obligations of their contract and interfere with said Agreement, EAST PEORIA’s obligations under the Agreement shall cease and EAST PEORIA may terminate said Agreement for cause and without being held in breach of Agreement. WHEREAS, EAST PEORIA agrees to pay CITY $11,918.80, by October 1, 2018, for their allocated portion of body worn cameras and the costs associated with project implementation and continuance. NOW THEREFORE, for and in consideration of the mutual promises and undertaking contained herein, and for other good and valuable consideration, the parties agree as follows:

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Exhibit A

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Section 1. Payment, Product and Services Provided CITY, through its contract with VIEVU, LLC, shall provide product and services to EAST PEORIA, including but not limited to, forty-five (45) body-worn cameras, software for the implementation of the body-worn camera program, and storage of the body-worn camera data. EAST PEORIA agrees that in exchange for the above-mentioned product and services, it will pay to CITY annually, on or before October 1 of each year according to the following schedule:

• Year 1: $11,918.80 due October 1, 2018 • Year 2: $8,662.20 due October 1, 2019 • Year 3: $8,662.20 due October 1, 2020 • Year 4: $8,662.20 due October 1, 2021 • Year 5: $8,662.20 due October 1, 2022

Section 2. Additional Purchases EAST PEORIA and CITY agree that the amount of money owed to CITY from EAST PEORIA is subject to increase should EAST PEORIA wish to purchase additional body worn cameras, associated equipment, evidence management licenses, or any other item. Section 3. Match Requirement CITY agrees to comply with the 50% match requirement outlined in the FY 2017 BWC PIP grant solicitation and incorporated herein as Exhibit A. Section 4. Quarterly Reports EAST PEORIA agrees to provide CITY with quarterly reports, to be submitted by CITY to the Bureau of Justice Assistance (BJA) in compliance with the BWC-PIP grant, detailing the following information, during the two-year duration of the grant:

• Any technical issues with the equipment and how those issues were remedied; • Officer and community survey results • Number of complaints; • Number of FOIA requests.

EAST PEORIA agrees to appoint an individual to be responsible for collecting the data discussed herein as it relates to EAST PEORIA, and disseminating it to the CITY. Section 5. Attendance at Meetings EAST PEORIA, or its designee, agrees to attend quarterly BJA Regional Planning Meetings for program status, review of data, and subsequent program development.

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Section 6. Tort Immunity Act Nothing in the performance of this Agreement shall impose any liability for claims against the CITY, EAST PEORIA or any of their agents, officials or employees, in derogation of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et. Seq.). Section 7. Hold Harmless Agreement To the fullest extent permitted by law, EAST PEORIA and CITY agree to hold harmless the CITY, from all claims, suits, judgments, costs, attorney’s fees, damages or other relief arising out of or resulting from or through, or alleged to arise out of, any reckless negligent acts or omissions of any EAST PEORIA and CITY. However, the parties may exercise their right to enforce the terms of this Agreement, and for breach thereof. Section 8. Severability The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. Section 9. Independent Contractor Status This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. Section 10. Venue This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to the Agreement shall be in the Circuit Court of Peoria County or Tazewell County, Illinois. Section 11. Personal Liability No official, director, officer, agent or employee of EAST PEORIA or CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. Section 12. Assignment of Successors This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignments shall be made without the prior written consent of CITY.

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Section 13. Headings The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference, and are in no way intended to define, limit or describe the scope or intent of any provision of this Agreement; nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. Section 14. Modification or Amendment This Agreement, the documents it incorporates and its attachments including but not limited to drawings, diagrams, specifications or requests for proposals, or bid documents, constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. Section 15. No Creation of Third Party Beneficiaries The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 16. Termination EAST PEORIA and CITY may terminate this Agreement upon sixty days written notice. Should EAST PEORIA terminate this Agreement for cause (i.e., should CITY or VIEVU fail to fulfill their obligations pursuant to the contract between CITY and VIEVU which interferes with this Agreement), EAST PEORIA may terminate this Agreement and all amounts due hereunder shall be prorated as of the effective date of the termination. Should EAST PEORIA terminate this Agreement without cause, all amounts due hereunder remain valid and become immediately due upon notice of termination. CITY OF PEORIA, ILLINOIS _________________________________ _____________________________ City of Peoria Manager East Peoria City Administrator Patrick Urich Jeffrey Eder

COUNTY OF TAZEWELL, ILLINOIS