agenda regular meeting of the city … mingus stated if there was anyone in the audience who wanted...

AGENDA REGULAR MEETING OF THE CITY COUNCIL

CITY OF EAST PEORIA, 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS SEPTEMBER 2, 2014

DATE: SEPTEMBER 2, 2014 MAYOR MINGUS TIME: 6:00 P.M. COMMISSIONER DENSBERGER CALL TO ORDER: COMMISSIONER DECKER ROLL CALL: COMMISSIONER JEFFERS

COMMISSIONER JOOS INVOCATION: PLEDGE TO THE FLAG: APPROVAL OF MINUTES: Motion to approve the minutes of the Regular Meeting, Working Session and Executive Session/Closed Meeting held on August 19, 2014. COMMUNICATIONS: Proclamation by Mayor Mingus proclaiming September 11, 2014 as “Patriot Day.” COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS: CONSENT AGENDA ITEMS BY OMNIBUS VOTE: (All matters listed under CONSENT AGENDA are considered to be routine and non-controversial by the City Council and will be enacted by one motion and one roll call vote. There will not be separate discussion on these items. If discussion is desired by Members of the City Council, the item will be removed from the Consent Agenda and discussed immediately after approval of the Consent Agenda. Citizens desiring discussion on any item listed under the CONSENT AGENDA should contact a City Council Member and request that the item be removed for discussion.) Motion to approve the Consent Agenda.

Item No. 1 – Adoption of Resolution No. 1415-043 - Resolution to approve the payment of bills listed on Schedule No. 8. Item No. 2 – Adoption of Resolution No. 1415-041 on its Second Reading - Resolution to approve contract for Project Management Services for the New City Hall Project. Item No. 3 – Adoption of Resolution No. 1415-042 on its Second Reading - Resolution accepting quote for repair work for Kaitlin Court Storm Water Drainage Line. Item No. 4 – Adoption of Resolution No. 1415-040 on its Second Reading – Resolution authorizing agreements with various suppliers for the purpose of outfitting new police vehicles. Item No. 5 – Adoption of Ordinance No. 4186 on its Second Reading - (AN ORDINANCE AUTHORIZING AN ADDENDUM TO MUTUAL AID BOX ALARM SYSTEM AGREEMENT.)

COMMISSIONER DENSBERGER: Motion to adopt – Resolution No. 1415-044 - Resolution approving the Assignment and Assumption of the Redevelopment Agreement pertaining to the Heart of America Restaurants and Inns. Motion to accept – Ordinance No. 4188 (AN ORDINANCE AMENDING THE CITY OF EAST PEORIA PERSONNEL POLICY MANUAL.) To be laid on the table for no less than one week for public inspection. Motion to accept – Ordinance No. 4187 (AN ORDINANCE UPDATING TITLE 1, TITLE 2, TITLE 4, TITLE 7 AND TITLE 8 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF CREATING A DEPARTMENT OF BUILDINGS AND INSPECTIONS AND MAKING OTHER RELATED CHANGES TO THE CITY CODE.) To be laid on the table for no less than one week for public inspection. COMMISSIONER DECKER: COMMISSIONER JEFFERS: COMMISSIONER JOOS: Motion to accept - Ordinance No. 4189 (AN ORDINANCE AMENDING TITLE 10 and TITLE 11 OF THE EAST PEORIA CITY CODE TO ACCOMMODATE THE USE OF CANNABIS FOR MEDICAL PURPOSES PURSUANT TO STATE LAW.) To be laid on the table for no less than one week for public inspection. MAYOR MINGUS: COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS:

COMMENTS FROM COUNCIL: COMMISSIONER DECKER: COMMISSIONER DENSBERGER: COMMISSIONER JEFFERS: COMMISSIONER JOOS: MAYOR MINGUS: MOTION FOR CLOSED MEETING: MOTION TO ADJOURN:

/s/ Morgan R. Cadwalader City Clerk, Morgan R. Cadwalader Dated and Posted: August 29, 2014

MINUTES NEW COUNCIL CHAMBERS IN THE CIVIC COMPLEX

401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS

August 19, 2014 The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor David Mingus at 6:06 P.M. Upon the roll being called the following answered present: Mayor David Mingus, Commissioner Daniel Decker, Commissioner Gary Densberger, Commissioner Timothy Jeffers and Commissioner Benjamin C. Joos. Absent: None. The invocation was given by Commissioner Jeffers. Mayor Mingus led the Council and the audience in the pledge of allegiance to the flag. Motion by Commissioner Joos, seconded by Commissioner Decker; Mr. Mayor, I move that the minutes of the Regular Meeting and Executive Session/Closed Meeting held on August 5, 2014 be approved as printed. Yeas: Commissioner Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items on the agenda to come to the podium, state their name, address and the matter or matters to be discussed. There was no response. CONSENT AGENDA ITEMS BY OMNIBUS VOTE: Mayor Mingus asked if any Commissioner wished to remove any items from the Consent Agenda for discussion. Commissioner Densberger explained that Item No. 5 on consent agenda will be removed for separate discussion. Motion by Commissioner Densberger, seconded by Commissioner Decker; Mr. Mayor, I move to adopt a consent agenda consisting of items numbered 1-4 as listed on the consent agenda for this meeting to be considered by omnibus vote. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Motion by Commissioner Densberger, seconded by Commissioner Decker; Mr. Mayor, I move you that Items numbered 1-4 listed on the Consent Agenda be hereby approved and adopted, those items numbered 2-4 having been read once by their title and having laid on the table for no less than one week for public inspection be adopted as presented. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.

Item No. 1 – Adoption of Resolution No. 1415-039 - Resolution to approve the payment of bills listed on Schedule No. 7. (Adopted by omnibus vote) Item No. 2 – Adoption of Ordinance No. 4185 on its Second Reading (AN ORDINANCE AMENDING TITLE 1, CHAPTER 8 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF ADDING A NEW SECTION 7 ADOPTING POLICIES AND PROCEDURES FOR DRAFTING AND UPDATING DISCLOSURES.) (Adopted by omnibus vote) Item No. 3 – Adoption of Resolution No. 1415-038 on its Second Reading – Resolution approving an agreement with Northern Illinois University Center for Governmental Studies to conduct an organizational analysis. (Adopted by omnibus vote) Item No. 4 – Adoption of Resolution No. 1415-036 on its Second Reading – Resolution to approve an agreement between the City of East Peoria Police Department and the East Peoria High School District 309 for School Resource Officer (SRO) Services. (Adopted by omnibus vote)

Resolution No. 1415-037 by Commissioner Densberger; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS, THAT the reappointments by Mayor David W. Mingus of Charles Morgan to the East Peoria Board of Fire and Police Commissioners for a three-year term beginning May 1, 2014 and ending April 30, 2017 and Dennis Paluska to the East Peoria Planning Commission for a three-year term beginning May 1, 2014 and ending April 30, 2017; Teresa Gualandi and William Darin to the East Peoria Firefighters’ Pension Board for a three-year term beginning May 1, 2014 and ending April 30, 2017; Lori Giebelhausen to the East Peoria Mass Transit Board of Directors for a four-year term beginning May 1, 2014 and ending April 30, 2018; Tim Lee and Chuck Nagel to the Human Relations Commission for a two-year term beginning May 1, 2014 and ending April 30, 2016 be hereby approved AND THAT THIS RESOLUTION NO. 1415-037 BE ADOPTED AS PRESENTED. Motion by Commissioner Densberger, seconded by Commissioner Jeffers; Mr. Mayor, I move that Resolution No. 1415-037 be adopted as presented. Commissioner Joos thanked those individuals for their service to the City on the Boards and Commissions.

Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and Resolution No. 1415-037 be duly adopted as presented. Resolution No. 1415-041 by Commissioner Densberger, seconded by Commissioner Decker; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1415-041, hereto attached, a Resolution to approve contract for Project Management Services for the New City Hall Project, be approved, and that this Resolution No. 1415-041 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 process of interviewing construction management firms. He discussed Midwest being the company best suited for the City’s needs. He discussed the services to be completed, including most during the planning phase. He discussed the cost at $75,225. Chris Tyra from Midwest thanked the City for their time. He discussed the project and explained that he looks forward to begin working with PCM+D right away. Commissioner Decker discussed spending a lot of money on improving the current City Hall and not having proper parking. He believes that we should move forward on the New City Hall. Commissioner Joos discussed several different options that were previously discussed. He explained that he has somewhat come around on a New City Hall. He explained that he would like a prioritization. He discussed getting a hard bid on the roof of $100,000. He explained that he has a little concern with the resolution tonight. He explained his involvement in the interview process. He asked about the City’s commitment and the processes on the sale of City properties to obtain funding for the New City Hall. He asked about separating the agreement into two phases, one for the pre-construction and one for the construction. City Attorney, Dennis Triggs, explained that there is a vagueness in the agreement that would protect the City. He explained that the contract could be clarified. Mr. Tyra agreed that the contract could be clarified to be flexible in completing the pre-construction and construction phases of the agreement. Commissioner Jeffers discussed part of the Levee District plan being that City Hall would be included in the Levee District. He believes that the project can be done from the sale of current buildings and from property and sales tax. There was a discussion about costs going up by not building a New City Hall. He explained that no matter when City Hall is built this pre-construction work needs to be done. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Resolution No. 1415-042 by Commissioner Decker, seconded by Commissioner Densberger; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1415-042, hereto attached, a Resolution accepting quote for repair work for Kaitlin Court Storm Water Drainage Line, be approved, and that this Resolution No. 1415-042 be accepted on its first reading as read by its title, and be laid on the table for no less than one week for public inspection. Commissioner Decker discussed this being a project that must be done. He explained that this resolution does not meant that this is all that the City is doing. He explained that this is the first step in the plan. Director of Public Works, Steve Ferguson, explained that this will replace riprap to ensure that it flows correctly. He explained that the Contractor will work within the current easement. Commissioner Joos explained that this is not the only fix, and it is a maintenance item to correct and head off future erosion. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Resolution No. 1415-040 by Commissioner Jeffers, seconded by Commissioner Joos; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1415-040, hereto attached, a Resolution authorizing agreements with various suppliers for the purpose of outfitting new police vehicles, be approved, and that this Resolution No. 1415-040 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 outfitting of the ten vehicles. Chief of Police, Dick Ganschow, discussed the estimated costs of outfitting the vehicles. Commissioner Joos discussed this being a Gaming Fund expense. Chief of Police, Dick Ganschow, discussed upgraded video cameras being put off into the future, as it is such a large expense. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried.

Motion by Commissioner Joos, seconded by Commissioner Densberger; Mr. Mayor, I move you that Ordinance No. 4186 hereto attached, (AN ORDINANCE AN ORDINANCE AUTHORIZING AN ADDENDUM TO MUTUAL AID BOX ALARM SYSTEM AGREEMENT) 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. Fire Chief Darin explained that these are housekeeping items and that the addendum allows the City to receive reimbursement for items. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried. Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items not on the agenda to come to the podium, state their name, address and the matter or matters to be discussed. Bob Jorgensen of 212 Sunnybrook Drive, East Peoria came up to the podium and thanked City Staff and City Council for assistance in the recycling event. He explained that the glass recycling event was a success and that sixty individuals came to recycle glass. He discussed market bucks to spend at the farmer’s market for recycling glass. He asked anyone to come forward with plans for the Pinecrest Hills Subdivision. Mayor Mingus explained that it is being diligently addressed and information will be forthcoming. Kris Severinsen of Germantown Hills came up to the podium to speak on behalf of his daughter Shana Severinsen. He thanked the City for what they have done on the Pinecrest Hills Subdivision, but he wishes it would have occurred earlier. He discussed slopes in Germantown Hills and similar slopes. His discussed that Germantown Hills runs galvanized pipes and riprap is being used that he feels should have been done in East Peoria. He asked why the water the City dumps that causes erosion is the responsibility of the person that owns the property. He discussed a report by engineers. He explained that the report listed the causes of the erosion was a lot of rain, on a steep slope, and homeowners had dumped their water at the top of the hill from their downspouts and saturated the property. He explained that those downspouts are there and are still functioning today. He discussed FEMA coming in and explained that he remembers reading in the newspaper that the problem with receiving FEMA funds was the homeowners not running their downspouts to the bottom of the hill. He explained that he has pictures to prove that the downspout lines really were there. Mayor Mingus asked for any additional comments from the audience. There was no response. Mayor Mingus then asked for comments from Council. Motion by Commissioner Decker, seconded by Commissioner Jeffers, Mr. Mayor, I move that a meeting or session of the city council be held at the conclusion of this regular meeting to discuss the following matter or matters according to exceptions provided in the “Open Meetings Act” and specified as follows: Section 2(c)(11) – Pending litigation or litigation which is probable or imminent. Yeas: Commissioners Densberger, Decker, Jeffers, Joos and Mayor Mingus. Nays: None Mayor Mingus declared the motion carried. Commissioner Joos thanked Bob and others for their glass recycling event. Motion by Commissioner Jeffers, seconded by Commissioner Decker; Mr. Mayor, I move you that we adjourn until Tuesday evening, September 2, 2014 at 6:00 P.M. Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus. Nays: None Mayor Mingus declared the motion carried and the meeting adjourned at 6:49 P.M. _/s/ Morgan R. Cadwalader________ City Clerk Morgan R. Cadwalader

MINUTES

WORKING SESSION CITY COUNCIL

401 WEST WASHINGTON STREET EAST PEORIA, ILLINOIS

August 19, 2014

Mayor Mingus called the Working Session of the City Council of East Peoria, Illinois to order at 5:34 P.M.

Upon the roll being called the following answered present: Mayor Mingus, Commissioners Decker, Densberger, Jeffers, and Joos. Absent: None. Mayor Mingus explained that no official action would take place by the City Council at the meeting. He stated that the purpose of the meeting is to discuss the EastPort Marina. City Administrator, J. Thomas Brimberry, introduced Harbormaster, Michael Childers. Mr. Childers discussed the Marina being in repair and several of the repairs completed. He discussed the budget including expenses for the pool, dredge, pump, and other expenses. Mayor Mingus asked about the length of time for dredging. Mr. Childers explained that he would pull the dredge out the week before Thanksgiving. He discussed the dredging process and the seawalls. He discussed a boat fire that occurred. He discussed the docks, fixing chains, and fixing decking boards. He also discussed backflow filters/preventers that assist in winterizing the waterlines. He discussed erosion off of the drystack building and pouring concrete and improving things to prevent future erosion or slow it down. Mayor Mingus asked about a trend in marina membership. Mr. Childers explained that he does not see a trend of membership going down. Commissioner Densberger asked about the turnover rate and what we could do to decrease that rate. Mr. Childers explained that there are no other marinas that offer the services that EastPort does. He explained that they do everything for the slip renters, including services done by the Marina that will keep people there. He discussed advertising done to promote the Marina and explained that he is going to pursue billboard advertising. Mr. Childers discussed the $258,000 revenues this year that does not include the grant. He explained that the revenues includes the Clinton Marina May, June, and July revenues. He discussed the drystacks being 60%, which is within two or three boats of the max rentals in the drystacks. Motion by Commissioner Densberger, seconded by Commissioner Decker; Mr. Mayor, I move you that we adjourn the meeting. Yeas: Commissioners Densberger, Jeffers, Joos and Mayor Mingus. Nays: None. Mayor Mingus declared the motion carried and the meeting adjourned at 6:01 P.M.

__/s/ Morgan R. Cadwalader___________________

Morgan R. Cadwalader, City Clerk

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WHEREAS, in the aftermath of the terrorist attacks of September ii, 2001, the American peopledemonstrated that in times of hardship, the values that define us do not simply endure-- theyare stronger than ever; and

WHEREAS, as a Nation, we responded to unthinkable tragedy with an outpouring of service andgoodwill; and

1 i WHEREAS, on that dark day, first responders rushed into a burning Pentagon and climbed thestairs of smoking towers on the verge of collapse, while citizens risked their own health andsafety to prevent further heartbreak and destruction; and

WHEREAS, as Americans, we came together to help our country recover and rebuild, today, wepay tribute to the selfless heroes and innocent victims of September 11, 2001, and we reaffirmthe spirit of patriotism, service, and unity that we felt in the days and months that followed; and

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WHEREAS, we join in serving causes greater than ourselves and honoring those we lost, we arereminded of the ways that the victims of 9/ 11 live on-- in the people they loved, the lives theytouched, and the courageous acts they inspired; and

1 WHEREAS, by a joint resolution approved December 18, 2001( Public Law 107-89), theCongress has designated September ll of each year as" Patriot Day."

NOW, THEREFORE, I, David W. Mingus, Mayor of the City of East Peoria, do hereby proclaim

1September 11, 2014, as

PATRIOT DAY

in the City of East Peoria and invite all citizens to participate in community service in honor ofthose our Nation lost, to observe this day with appropriate ceremonies and activities, includingremembrance services, and to observe a moment of silence beginning at 8:46 a.m. to honor theinnocent victims who perished as a result of the terrorist attacks of September 11, 2001 and ask Fall businesses, schools, and agencies to display the flag of the United States at half-staff in honorof the individuals who lost their lives on September 11, 2001.

In Witness Whereof, I have set my hand and caused the Great Seal of the City of East Peoria tobe affixed this 2nd day of September, 2014.

MAYOR

ATTEST CITY CLERK

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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 THAT

THE 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 SCHEDULE OF BILLS BE HEREBY ADOPTED AS PRESENTED.

MAYOR

$1,517,021.93

RESOLUTION NO. 1415-043

September 2, 2014

DATE: 08/29/14 CITY OF EAST PEORIA PAGE: 22TIME: 13:53:30 SCHEDULE OF BILLS PAYABLEID: AP443000.CEP

FINAL TOTALS INVOICES DUE ON/BEFORE 08/31/2014------------------------------------------------------------------------------------------------------------------------------------

GENERAL CORPORATE FUND 98,902.96

EMERGENCY SERV & DISASTER AST 180.00

POLICE PROTECTION FUND 16,163.35

FIRE PROTECTION FUND 10,903.91

SOLID WASTE 1,383.43

FIRE PENSION FUND 8,000.00

STREET & BRIDGE FUND 6,001.39

SEWER CHLORINATION 744.00

STREET LIGHTING FUND 17,742.29

EASTSIDE CENTRE 14,175.61

HOTEL-MOTEL TAX 34,489.37

AMBULANCE FUND 5,052.63

CAMP STREET TIF 993.00

W. WASHINGTON ST TIF 6,298.63

WATER & SEWER 183,423.09

RIVERBOAT GAMING TAX FUND 481,654.68

PAYROLL HOLDING ACCTS 630,913.59 ----------------

GRAND TOTAL 1,517,021.93 ================

OFEAST

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O99CITY ADMINISTRATOR' S OFFICE100 South Main Street

East Peoria, Illinois 61611

Phone: ( 309) 698-4750 0 o

441VNIT1J. Thomas Brimberry

City Administrator

DATE: August 19, 2014

TO: Mayor Mingus, Commissioner Decker, Commissioner Densberger, CommissionerJeffers, Commissioner Joos

FROM: Tom Brimberry, City Administrator

SUBJECT: Appointment of Owner' s Representative for Construction of City Hall

DISCUSSION: The City issued a Request for Qualifications( RFQ) for services of a constructionmanager or owner' s representative to provide input on the design budget, bidding specifications andprocurement of construction services and to oversee and/ or manage construction of the City Hall project.

Seven firms submitted responses to the RFQ and the City interviewed all seven of the firms to arrive atthe recommended consensus of hiring Midwest Companies for Owner' s Representative services.

All of the firms are professional with experience in pre-construction budgeting and cost controls in thedesign phase, scheduling and preparing bidding specifications, quality control during construction andclose-out at the conclusion of the construction project. The City is proposing in this instance that it obtainall of the pre-construction budget estimating during design, the preparation of bidding documents, andsome of the construction oversight proposed by the firms, and to supplement this with oversight by theCity Building Inspector. Post-construction close-out services at the conclusion of the construction projectare included in the contract. Additionally, the General Trades Contractor selected will have responsibilityfor coordinating/scheduling other prime contractors on the construction.

It is anticipated that this contract for services will provide the array of services needed by the City.

RECOMMENDATION: Approve a contract for Owner' s Representative Services with Midwest

Companies for estimating costs of City Hall, preparation of bidding documents and oversight ofconstruction of the City Hall.

EAST PEORIA - HOME OF THE FESTIVAL OF LIGHTS"

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Text Box

Resolution No. 1415-041

mcadwalader

Text Box

*PLEASE NOTE THE AGREEMENT HAS BEEN AMENDED TO ALLOW FOR TERMINATION OF SERVICES AT ANY POINT.

RESOLUTION NO. 1415-041 East Peoria, Illinois , 2014

RESOLUTION BY COMMISSIONER _______________________________

RESOLUTION TO APPROVE CONTRACT FOR PROJECT MANAGEMENT SERVICES FOR THE NEW CITY HALL PROJECT

WHEREAS, as a part of the City’s New EP Downtown Project in The Levee District, the City has established the New Civic Complex site in conjunction with the Fondulac Library District which includes interconnected civic buildings joined by an atrium area and an outdoor, public civic plaza area (“New Civic Complex”); and

WHEREAS, the New Civic Complex is located on the triangular parcel in The

Levee District known as the Civic Triangle; and WHEREAS, included in the New Civic Complex is the new library facility recently

constructed and opened by the Fondulac Library District, as well as the shared meeting space constructed and owned by the City; and

WHEREAS, a new City Hall has been envisioned to be a vital part of the New Civic

Complex project as a means to further the public-private synergy and partnership in the comprehensive development of The Levee District and the City’s New EP Downtown area (the “New City Hall Project”); and

WHEREAS, the City Council has previously endorsed the New City Hall Project

provided that the design and construction of the New City Hall Project are handled in a fiscally responsible manner; and

WHEREAS, City Officials have undertaken the process to design the New City Hall

Project with the assistance of PCM+D providing related architectural services for the New City Hall Project; and

WHEREAS, City Officials have further issued a “Request for Qualifications”

seeking firms or organizations for providing project management services to assist the City with the design, planning, and construction of the New City Hall Project, such that this firm or organization would thereby represent the City and the City’s best interests throughout these phases of this Project while promoting fiscal responsibility throughout each phase of this Project; and

WHEREAS, City Officials have conducted interviews of several firms that submitted responses to the City’s “Request for Qualifications” for project management services; and

WHEREAS, after selecting a firm to provide the project management services for

the New City Hall, City Officials have negotiated an agreement for these services for the New City Hall Project with Midwest Foundation Corporation to assist the City with designing, planning, and constructing the New City Hall Project under the terms and conditions set forth in the contract attached hereto as “Exhibit A” (the Contract); and

WHEREAS, the City hereby finds that the Contract with Midwest Foundation

Corporation for these project management services related to the New City Hall Project is in the best interests of the City and is in furtherance of the continued development of The Levee District;

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

Section 1. The above recitations are found to be true and correct. Section 2. The Mayor or his designee is hereby authorized and directed to execute

this Contract with Midwest Foundation Corporation (Exhibit A) on behalf of the City for project management services for the New City Hall Project in The Levee District, together with such changes therein as the Mayor in his discretion deems appropriate; provided, however, that the City shall have no obligation under the Contract with Midwest Foundation Corporation until such time as an executed original of such documentation has been delivered to Midwest Foundation Corporation.

APPROVED:

________________________________ Mayor ATTEST:

__________________________________

City Clerk

2

OWNER’S REPRESENTATIVE AGREEMENT

THIS AGREEMENT FOR SERVICE (this “Agreement”) dated this 19th day of August, 2014

BETWEEN

City of East Peoria of 100 S. Main St., East Peoria, IL 61611 (hereinafter referred as the “Client”)

-AND-

Midwest Companies of 22260 IL Route 9, Tremont, IL 61568

(hereinafter referred to as the “Owner’s Representative”) BACKGROUND:

A. Project Description: Midwest Companies is serving as the Owner’s Representative on the new 9,000 sf City Hall building during the pre-construction, construction, and post-construction phases.

B. The Client has determined that the Owner’s Representative has the necessary professional qualifications, experience, and ability to provide services to the Client.

C. The Owner’s Representative is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

The BASIC SERVICES of this Owners Representative Services Agreement are:

Act as the single point-of-contact on behalf of the Client with respect to all inquires and directions to and from the A/E Team. Coordinate and manage problems, issues, and challenges in a timely manner with the appropriate entity(ies) to achieve the objectives of the Client. Below is a list of the functions and roles of each phase of the project that will be provided by Midwest Companies.

Outline of Owner ’s Rep Functions and Roles for each Phase of the Project

CITY OF EAST PEORIA - OWNER’S REPRESENTATIVE AGREEMENT ON CITY HALL PROJECT

Page 2 of 10

1. Pre-Design

a. Project Management i. Define project objectives and user requirements

ii. Review/prepare the Project Procedures Manual iii. Review/select Management Information Systems iv. Assist the Owner in evaluation and selection of

architect/engineer/consultants v. Define project delivery system – traditional design/bid/build, phased fast

track, CM at Risk, Agency CM, multiple prime contracts, design build

b. Cost Management i. Review/Develop conceptual and preliminary budget

ii. Review/provide cost analysis

c. Time Management i. Review/Create Master Schedule

ii. Review/Create Milestone Schedule

d. Quality Management i. Clarify the Owner’s objectives and goals

ii. Assist with developing the scope of work iii. Discuss the Quality Management Plan

e. Contract Administration

i. Assist with establishing communications procedures

f. Safety Management i. Define owner commitment

ii. Discuss staffing considerations – safety manager/coordinator 2. Design

a. Project Management i. Monitor/review design progress

ii. Attend design meetings iii. Attend/follow ongoing consulting activities iv. Assist with public relations

b. Cost Management

i. Provide initial budget, schematic estimate, and design development estimate.

ii. Provide independent cost estimates iii. Review value engineering/value analysis studies


Page 3 of 10

c. Time Management i. Review/maintain and update the master and milestone schedule

ii. Monitor the design schedule iii. Review/develop contract language related to time management iv. Review/define the float within the schedule

d. Quality Management

i. Coordinate the duties and responsibilities of the design team ii. Maintain document control through the MIS (Submittal Exchange)

iii. Review of design submittals iv. Review/advise on design criteria changes v. Review the design team’s quality control efforts

vi. Review the design team’s quality assurance efforts vii. Establish procedures for Owner authorizations and approvals

viii. Review constructability and construction phasing issues ix. Review/provide value engineering (best overall value for the life of the

project) x. Establish construction inspection and testing requirements

xi. Assist with a project risk assessment xii. Assist design team in developing quality management specifications

xiii. Discuss sustainability, LEED, and commissioning requirements xiv. Assist with public relations / user review xv. Attend project review meetings

xvi. Discuss nonconforming and corrective work xvii. Discuss close-out and warranty management planning


i. Monitor design phase progress ii. Attend design review meetings

iii. Ensure effective communication between all team members iv. Review/advise on the overall procurement strategy for the project v. Review/advise pre-bid construction phase schedule

f. Safety Management

i. Review/advise on safety coordinator/staffs input as needed 3. Procurement

a. Project Management i. Review/develop plan/strategies for bidding and contracting process

ii. Develop scopes of work as part of the bidding documents and incorporate into the project specifications

iii. Attend/conduct pre-bid meetings, bid openings, and pre-award meetings

b. Cost Management


Page 4 of 10

i. Compare and analyze bid proposals and assist in selection and award

c. Time Management i. Ensure that project scheduling/time related specs are appropriate

ii. Monitor timely issuance of addenda during the bid phase iii. Monitor timely review, approval, and award of contracts during bid phase


i. Review procurement planning ii. Review/advise on instructions to bidders

iii. Review/advise on the proposal document protocol iv. Ensure notification of all successful and non-successful bidders on the results


i. Review/advise on bidder pre-qualification and conduct a bidders interest campaign

ii. Develop the bidders list iii. Review bid notices and advertisements iv. Monitor the distribution of bid documents v. Monitor the distribution of information/addenda to bidders

vi. Attend/conduct pre-bid conferences and meetings vii. Attend/conduct bid openings and evaluation

viii. Attend/conduct post bid interviews ix. Review construction contracts/notice to proceed x. Review schedule maintenance report

xi. Review project cost reports

f. Safety Management i. Review contract requirements/guidelines to include in the contract

documents ii. Review the written safety program of contractors

iii. Review/advise on pre-qualification criteria iv. Discuss safety requirements at the pre-bid conference v. Review/advise on the emergency response plan

4. Construction

a. Project Management i. Review on-site facilities

ii. Attend meetings – Pre-con., progress, and weekly/bi-weekly job-site iii. Monitor the shop drawing and submittal review process iv. Monitor the RFI, ASI, and RFP processes v. Review/advise on procedures for monitoring the project time line

vi. Review and approve monthly payment requests vii. Review and approve all change orders


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viii. Review methods and procedures for managing potential claims ix. Advise on owner purchased materials and equipment x. Periodically review record drawings and record keeping

xi. Review monthly project update reports

b. Cost Management i. Review the change order control process

ii. Stay updated on the project contingency and overall costs iii. Review trade-off studies/alternative analysis for design components

c. Time Management

i. Review/advise on the construction schedule and master schedule ii. Monitor schedule compliance

iii. Review proposed/potential time extensions and delay impacts iv. Review recovery plans and schedules v. Review the short term (3-4 week) schedule


i. Attend/conduct a preconstruction conference to discuss overall project ii. Review the inspection and testing

iii. Review reports and recordkeeping of inspections and testing iv. Review the change order administration process v. Review/advise on the dispute resolution process

vi. Review the document control and distribution vii. Review all project documentation

viii. Review procedures on resolving/correcting non-conforming and deficient work

ix. Review progress payments x. Assist with the development of the punch lists

xi. Review all close-out materials xii. Review/advise on special operations control, commissioning, and/or public

relations xiii. Review and approve when substantial completion is reached xiv. Conduct final acceptance walk-thru with the project team to review punch

list

e. Contract Administration i. Attend a pre-construction conference

ii. Review/update the project procedures manual iii. Review documentation of existing conditions of the site, building, and other

structures iv. Review/advise assignment of owner furnished items v. Monitor progress of securing permits, insurance, and bonds

vi. Review on site communications procedures


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vii. Attend project site meetings viii. Monitor contract documentation procedures

ix. Provide monthly reports x. Monitor the quality control/assurance plans as agreed to

xi. Review/advise on resolving/correcting all nonconforming work xii. Monitor the implementation of sub-contractors safety program xiii. Review schedule updates xiv. Review and approve monthly progress payments xv. Review status reports that update schedule, cost, issues, etc.

xvi. Monitor the assembly and handling of record or as-built drawings

f. Safety Management i. Review/ensure contractor safety enforcement and compliance

ii. Attend safety committee meetings once a month iii. Review periodic safety audits iv. Review monthly reports

5. Post Construction Phase

a. Project Management i. Review and approve all punch list work

ii. Review/monitor commissioning, start-up, testing, and training

b. Cost Management i. Review and approve the final cost report and recommend final payments.

ii. Review certificates of substantial completion and final lien waivers

c. Time Management i. Monitor the occupancy plan/phase for the owner


i. Review/conduct a QM assessment with the owner ii. Review/provide a final report for the project and recommendations

iii. Review and approve a warranty management plan for the owner

e. Contract Administration i. Review maintenance manuals and operating manuals

ii. Review the submittal of extra parts/materials and warranties iii. Review all operating and compliance permits iv. Review/advise/coordinate move-in and start-up activities v. Review/conduct a final project assessment and approve final payments

vi. Coordinate contractor call-backs if agreed upon vii. Provide a close-out report


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Pos t-Construction Phase 4 weeks Roger Hess 4 5 20 x $ 85 $ 1,700

The Owner’s Representative and the Client agree as set forth below.

TERMS AND CONDITIONS – Owner’s Representative shall provide the Basic Services for the Client, in accordance with the following Terms and Conditions.

1. BASIS OF COMPENSATION: Owner’s Representative shall be compensated, for the Basic Services above, and in accordance with the timeline shown below and as follows:

Fee Schedule Rate/Hr

Chris Tyra Project Executive $ 90

Roger Hess Senior Construction Manager

Scott Kels ey/On-Site CM Senior Site Construction Manager

$ 85

$ 85

Genera l Condition costs wi l l not be marked up. They will j us t be reimbursable expenses to us a t cost.

Project Phase

Duration of Phase

Avg Hours Per Week

Total Hours

"X"

Rate

Sub-Total

Design Phase 10 weeks Chris Tyra 10 22 220 x $ 95 $ 20,900

Roger Hess 10 3 30 x $ 85 $ 2,550

Scott Kels ey 10 1 10 x $ 85 $ 850

Total for Design Phase: $ 24,300

Procurement Phase 4 weeks Chris Tyra 4 16 64 x $ 95 $ 6,080

Roger Hess 4 4 16 x $ 85 $ 1,360

* Construction Phase 33 weeks

Total for Procurement Phase: $ 7,440

Chris Tyra 33 2 66 x $ 90 $ 5,940 No charge

Roger Hess 33 9 297 x

Scott Kels ey 33 2 66 x

$ 85 $

$ 85 $

25,245

5,610

Total for Construction Phase: $

Total for Pos t-Construction Phase: $

30,855

1,700

Total Cos t for all Phases : $ 64,295

Genera l Liability 7% of our Costs : $ 4,501

Fee a t 10% of our Costs : $ 6,430

**Total Cost: $ 75,225

* The construction phase is based on a 7-8 month construction schedule. We ca n adjust that based on the actual

schedule. We figure starting sitework in November and then having a l a g until earl y spring.

** Total Cost shall not be exceeded unless Additional Services are authorized pursuant to paragraph 2 below.


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2. ADDITIONAL SERVICES: Additional services shall be performed when agreed upon in advance between the Client and the Owner’s Representative. If additional services are required, the Owner’s Representative will submit an addendum to this agreement for Client’s approval.

3. PAYMENTS: Invoices for Basic Services will be submitted on a monthly basis as agreed to.

4. CLIENT RESPONSIBILITIES: Owner’s Representative involvement in the proposed project assumes cooperation from the Client and the facility staff regarding access to the building, and escort where necessary. In addition, access must be provided to existing building drawings and other pertinent information that may be available. Where found useful to the Owner’s Representative, such drawings and information will be copied and kept on file by the Owner’s Representative and returned to Client at the end of the project. The Client shall also, a. Provide timely response(s) to the Owner’s Representatives requests for direction,

clarification, and information regarding project scope, objectives, quality, contracting options, payments methods, contractor selection, etc.

b. Provide access to all design professionals associated with the project. 5. ASBESTOS AND ENVIRONMENTAL ISSUES: 5.1. The Client shall furnish to the Owner’s Representative all reports and results of structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials and other laboratory and environmental tests and inspections required by law or the Documents relating to the Project (even those to which the Owner’s Representative is not a party), including any reports and results of tests or inspections regarding asbestos. 5.2. Client acknowledges that Owner’s Representative shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous substances, materials or wastes in any form at the Project site including, but not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.

6. CONFIDENTIALITY: Each party shall retain as confidential all information and data furnished to it by the other party which are designated in writing by such other party as confidential at the time of transmission and said party shall not reveal such information to any third party, subject to the requirements of the Illinois Open Meetings Act and the Illinois Freedom of Information Act.

7. OWNERSHIP OF MATERIALS: All materials development, produced, or in the process of being so under this Agreement will be the property of the Client.


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8. RETURN OF PROPERTY: Upon the expiration or termination of this Agreement, the Owner’s Representative will return to the Client any property, documentation, records, or confidential information which is the property of the Client.

9. ASSIGNABILITY: Neither Client nor Owner’s Representative shall assign, sublet or transfer any rights under or interest in this Agreement without the express written consent of the other party.

10. EXTENT OF AGREEMENT: This Agreement and the contractual provisions stated herein represent the entire understanding between the Owner’s Representative and Client. This Agreement may be terminated with or without cause by either party upon giving fifteen (15) days written notice. In the event of a termination of this agreement, the Owner’s Representative will be paid in full for all services rendered to that point.

11. NOTICE: All notices, requests, demands, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the parties of this Agreement as follows: 11.1. Midwest Companies 22260 IL Route 9, Tremont, IL 61568. Email: [email protected] 11.2. City of East Peoria 100 S. Main Street, East Peoria, IL 61611. Email: [email protected]

12. COSTS AND LEGAL EXPENSES: In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.

13. ENTIRE AGREEMENT: It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement.

14. LIMITATION OF LIABILITY: It is understood and agreed that the Owner’s Representative will have no liability to the Client or any other party for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision of the Services except for loss or damage caused by Owner’s Representative.

15. ACTS OF NEGLIGENCE: Each party is responsible for acts of negligence of its employees and agents.

16. INUREMENT: This agreement will inure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, successors, and permitted assigns.

17. GOVERNING LAW: It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any

mailto:[email protected]�

mailto:[email protected]�


Page 10 of 10

other forum, by the laws of the State of Illinois, without regard to the jurisdiction in which any action or special proceeding may be instituted.

18. SEVERABILITY: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Agreement.

19. WAIVER: The waiver by either party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

OTHER CONDITIONS OR SERVICES

This Agreement is entered into as of the day and year first written above. This Proposal between the Owner’s Representative and the Client will remain valid for 60 days from the date above. Receipt of a counter-signed copy of this Proposal constitutes acceptance.

OWNER’S REPRESENTATIVE AGREEMENT BY:

OWNER’S REPRESENTATIVE : MIDWEST COMPANIES

By: Chris Tyra Date

Director of Building Construction CLIENT: City of East Peoria

By: Tom Brimberry Date

City Administrator

MEMORANDUM

August 14, 2014

TO: Mayor David W. Mingus and Members of City Council THRU: Tom Brimberry, City Administrator FROM: City Attorney’s Office (Scott A. Brunton) SUBJECT: Resolution Awarding Contracts for Repair Work for Kaitlin Court Storm

Water Drainage Line _____________________________________________________________________ DISCUSSION: In April 2013, the City, along with the Tri-County region, experienced a major rainfall event. In the Pinecrest Hills Subdivision that is located in the City, landslides occurred in the backyards of several residential properties during this rainfall event. These landslides damaged the storm water drainage line from the Kaitlin Court storm water inlet, which runs through the City’s storm water drainage easement located between the homes located at 116 Kaitlin Court and 120 Kaitlin Court in the Pinecrest Hills Subdivision. In order to minimize erosion occurring from this damaged storm water drainage line, City Officials have obtained a quote to do some repair work within the City’s easement area for this drainage line. This repair work will include trimming down brush and trees growing on the easement area to allow access to the damaged drainage line, and then installing rock and rip-rap materials to impede further erosion from the outflow of water from this damaged drainage line. This Resolution approves the award of a contract to P.A. Atherton Inc. for completing this work at a cost of $12,000 to provide erosion control for the damaged storm water drainage line from the Kaitlin Court storm water inlet. RECOMMENDATION: Our office recommends approval of this Resolution. c: DRT Steve Ferguson

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RESOLUTION NO. 1415-042 East Peoria, Illinois , 2014

RESOLUTION BY COMMISSIONER _______________________________

RESOLUTION ACCEPTING QUOTE FOR REPAIR WORK FOR KAITLIN COURT STORM WATER DRAINAGE LINE

WHEREAS, the City maintains a storm water outflow drainage line from the

storm water inlet in Kaitlin Court in a 20-foot wide storm water drainage easement; and WHEREAS, in April 2013, landslides in the rear yards of two lots in the Pinecrest

Hills Section Two Subdivision – being 116 Kaitlin Court and 120 Kaitlin Court – damaged the storm water outflow drainage line from the Kaitlin Court storm water inlet; and

WHEREAS, the City’s 20-foot wide storm water drainage easement for the storm

water outflow drainage line from the Kaitlin Court storm water inlet runs along the northern side of the property at 116 Kaitlin Court and along the southern side of the property at 120 Kaitlin Court; and

WHEREAS, in an effort to minimize the erosion from the damaged storm water

outflow drainage line from the Kaitlin Court storm water inlet, the City has obtained a quote to access this storm water outflow drainage line within the 20-foot wide easement area and install rock and rip-rap materials within the easement area to impede further erosion of the outflow area from this storm water inlet (the “Kaitlin Court Storm Water Drainage Line Project”); and

WHEREAS, the City desires to approve the quote from P.A. Atherton Inc. (the

“Contractor”) to complete the work comprising the Kaitlin Court Storm Water Drainage Line Project;

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. P.A. Atherton Inc. is awarded the contract for the Kaitlin Court Storm

Water Drainage Line Project in the Pinecrest Hills Section Two Subdivision.

Section 3. The Mayor and City Clerk are authorized and directed to execute the contract for the Kaitlin Court Storm Water Drainage Line Project with the Contractor on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate, at a total cost not to exceed $12,000.00; provided, however, that the City shall have no obligation under the contract with the Contractor until such time as an executed original of such documentation has been delivered to the Contractor.

APPROVED:

________________________________ Mayor ATTEST:

_________________________________

City Clerk

2

Proposal From:

P.A. Atherton Construction, Inc.96 Eichhorn Rd.

Spring Bay, IL 61611

Phone: 309-822-8575

Fax: 309-822-8782

Job Contact: Louie Atherton 309-208-5325

Date Bid #

Job Name 8/12/2014 14-4700

City of East Peoria

Kaitlin Ct.

Attn: Pat Meyer

Item Unit Quantity Unit Price Total

Install 28 Ton RR4

Clear only trees that are in the way of rip rap installation

Leaving stumps at ground level

Seeding and install straw blanket LS 1.00 12,000.00$ 12,000.00$

*Leaving behind stumps and root ball to slow any further erosion.

Total Bid Proposal 12,000.00$

Authorized Signature:

Acceptance of proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You

are authorized to do the work as specified. Payment will be made as outlined above.

Signature: Date:

Phone Fax Email

309-822-8575 309-822-8782 [email protected]

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RESOLUTION NO. 1415-040 East Peoria, Illinois

________________, 2014


WHEREAS, the City has arranged to purchase ten (10) new police vehicles (the

“Ford Explorer Squad Cars”; and WHEREAS, Ragan Communications has offered to provide and install lights, sirens,

radios, video cameras and other equipment in the Ford Explorer Squad Cars at a cost of $53,885.33 as specified at “Exhibit A” attached hereto; and

WHEREAS, Dell has offered to provide mobile computer systems and related power

adapters at a cost of $17,212.86 as specified at “Exhibit A” attached hereto; and WHEREAS, Sign Shop in Pekin has offered to provide required vinyl wrap and

lettering for the six patrol units at a cost of $3,342.00 as specified at “Exhibit A” attached hereto;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his designee is hereby authorized and directed to accept each of the aforementioned offers together with such changes therein as the Mayor in his discretion may approve; provided, however, that the City shall have no obligation to the aforementioned vendors under the terms of this resolution until a signed purchase order or contract has been delivered to the respective vendors. APPROVED:

_________________________________ Mayor

ATTEST: _______________________________

City Clerk

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Ordinance No. 4186

ORDINANCE NO. 4186

AN ORDINANCE AUTHORIZING AN ADDENDUM TO MUTUAL AID BOX ALARM SYSTEM AGREEMENT

WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the “Intergovernmental Cooperation Act,” 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and WHEREAS, Section 5 of the “Intergovernmental Cooperation Act,” 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, the parties hereto are units of local government as defined by the Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act; and WHEREAS, the Mayor and the City Council of the City of East Peoria have determined that it is in the best interests of this unit of local government and its residents to enter into an Addendum to the Mutual Aid Box Alarm System Agreement to secure to each the benefits of mutual aid in fire protection, firefighting, rescue, emergency medical services and other activities for the protection of life and property from an emergency or disaster and to provide for communications procedures, training, and other necessary functions to further the provision of said protection of life and property form an emergency or disaster.

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

Section 1. The Mayor and the City Clerk be and are hereby authorized and

directed to execute an Addendum to the Mutual Aid Box Alarm System Agreement, a copy of said Addendum being attached hereto and being made a part hereof.

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

Section 3. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF _________________, 2014.

APPROVED: ________________________________

Mayor ATTEST: ________________________________

City Clerk EXAMINED AND APPROVED: ________________________________

Corporation Counsel

2

MEMORANDUM

August 28, 2014

TO: Mayor David W. Mingus and Members of the City Council THRU: Tom Brimberry, City Administrator FROM: City Attorney’s Office (Dennis R. Triggs) SUBJECT: Assignment and Assumption of the Redevelopment Agreement Pertaining

to the Heart of America Restaurants and Inns ______________________________________________________________________ DISCUSSION: The Redevelopment Agreement that gave rise to the Holiday Inn and Suites and Johnny’s Italian Steakhouse recognizes the probability that at some point Mike Whalen, the principal in Iowa Machine Shed Co., would look to cause the transfer of all interest in the project to HOA Hotels LLC, the legal entity that owns and operates all of the hotels developed by Mike Whalen controlled entities. The Redevelopment Agreement provides that the monetary incentives provided for in the Redevelopment Agreement may only be assigned to an entity which owns at least 50% of the project. The proposed Assignee, HOA Hotels LLC, will own 100% of the project. Further, Iowa Machine Shed Co. has fully performed under the Redevelopment Agreement and the requested assignment will not prejudice the City. The Assignment and Assumption of Redevelopment Agreement is the instrument which documents the assignment requested by Mike Whalen and is consistent with the relevant provisions of the Redevelopment Agreement itself. RECOMMENDATION: Approval

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RESOLUTION NO. 1415-044 East Peoria, Illinois

________________, 2014


RESOLUTION APPROVING THE ASSIGNMENT AND ASSUMPTION

OF THE REDEVELOPMENT AGREEMENT PERTAINING TO THE HEART OF AMERICA RESTAURANTS AND INNS

WHEREAS, Iowa Machine Shed Co., d/b/a Heart of America Restaurants and Inns, and the City of East Peoria (the “City”) did on August 30, 2010 enter into a certain Redevelopment Agreement providing for the development of a hotel and restaurant within the West Washington Street Redevelopment Project Area (the “Project”); and

WHEREAS, said Redevelopment Agreement contemplated the future assignment of

the Project to another legal entity related to Iowa Machine Shed Co.; and WHEREAS, said Redevelopment Agreement provides that the City before approving

any assignment may require that the assignee of any monetary incentive provided for in the Redevelopment Agreement have an ownership interest in the Project of at least 50%; and

WHEREAS, Iowa Machine Shed Co. seeks to assign its interest in the

Redevelopment Agreement to a related entity, HOA Hotels LLC, an Iowa Limited Liability Company; and

WHEREAS, Iowa Machine Shed Co. will convey 100% of its interest in the Project to

HOA Hotels LLC; and WHEREAS, concurrent with the conveyance of the Project to HOA Hotels LLC, the

City approves the requested assignment; and WHEREAS, the proposed Assignment and Assumption of Redevelopment

Agreement protects the interests of the City;

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 Mayor and City Clerk are hereby authorized and directed to execute the Assignment and Assumption of Redevelopment Agreement attached hereto as “Exhibit A”; provided, however, that the City shall have no obligation under the terms of this resolution until executed originals of such Agreement has been delivered to Iowa Machine Shed Co. APPROVED:

_________________________________ Mayor

ATTEST: _______________________________

City Clerk

2

ASSIGNMENT AND ASSUMPTION OF REDEVELOPMENT AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF REDEVELOPMENT AGREEMENT (“Agreement”) is entered into as of the last date this Agreement is executed by all parties hereto (“Effective Date”) by and among the CITY OF EAST PEORIA, ILLINOIS (“City”), IOWA MACHINE SHED CO., an Iowa corporation authorized to do business in Illinois (“Assignor”), and HOA HOTELS LLC, an Iowa Limited Liability company authorized to do business in Illinois (“Assignee”).

RECITALS

WHEREAS, the City and Assignor entered into that certain Redevelopment Agreement dated as of August 30, 2010, as amended by that certain First Amendment to Redevelopment Agreement dated January 9, 2012 (collectively the “Redevelopment Agreement”); and WHEREAS, the parties hereto desire to facilitate and acknowledge (i) a conveyance of the property which is the subject to the Redevelopment Agreement from Assignor to Assignee and (ii) an assignment and assumption of all interests, rights, duties, obligations, and benefits by, through and under the Redevelopment Agreement as contemplated by this Agreement; and

WHEREAS, Assignor, desires to assign all of its interests, rights, duties, obligations, and benefits under the Redevelopment Agreement to Assignee and Assignee desires to accept such assignment; and

WHEREAS, Assignee further desires to assume all of Assignor’s interests, rights,

duties, obligations, and benefits under the Redevelopment Agreement; NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

ARTICLE I

ASSIGNMENT AND ASSUMPTION

Section 1.01. Assignment and Assumption of Redevelopment Agreement. Assignor hereby assigns, sells, transfers and sets over to the Assignee all of Assignor’s interests, rights, duties, obligations, and benefits in, and to the Redevelopment Agreement and all of Assignor’s interest, rights, duties, obligations, and benefits thereunder (the “Assignment”).

Section 1.02. Acceptance and Assumption by Assignee. Assignee hereby accepts the

Assignment and further agrees to assume the Redevelopment Agreement and all of Assignor’s interests, rights, duties, obligations, and benefits thereunder, (the “Assumption”).

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Exhibit A

Section 1.03. Terms of the Redevelopment Agreement. The terms of the Redevelopment Agreement are hereby incorporated herein by this reference and remain in full force and effect to the full extent provided therein, and shall have the meaning given to them in the Redevelopment Agreement.

Section 1.04. Transfer of Property. The Assignor and the Assignee hereby covenant

and agree that the property which is the subject of the Redevelopment Agreement has prior to or shall upon execution of this Assignment and Assumption of Redevelopment Agreement be conveyed from the Assignor to Assignee.

Section 1.05. Further Actions. Each of the parties hereto covenant and agree, at its

own expense, to execute and deliver, at the request of any other party hereto, such further instruments of transfer and assignment and to take such other action as such other party may reasonably request to more effectively consummate the Assignment and Assumption of Redevelopment Agreement as contemplated by this Agreement.

Section 1.06. Amendment and Waiver. No provision of this Agreement may be amended, modified, supplemented or waived except by an instrument in writing executed by the parties hereto or, in the case of an asserted waiver, executed by the party against which enforcement of the waiver is sought.

ARTICLE II

MISCELLANEOUS PROVISIONS Section 2.01. Affirmation of Redevelopment Agreement. Except as provided in this Agreement, the provisions of the Redevelopment Agreement are hereby ratified, approved and confirmed. Section 2.02. Illinois Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

Section 2.03. Counterparts. The parties hereto may execute this Agreement in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same instrument. An Agreement containing facsimile signatures of the parties hereto shall be deemed an original of the Agreement.

Section 2.04. Electronic Transactions. The transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date.

CITY: ASSIGNOR: CITY OF EAST PEORIA IOWA MACHINE SHED CO. By__________________________________ By______________________________ Its Mayor Name:

Title: _______________ DATE:______________________, 2014 DATE:______________________, 2014 (SEAL) ATTEST: ATTEST: _________________________________ By

Its City Clerk Name: Title:

ASSIGNEE: HOA HOTELS LLC By Name: Title: DATE:______________________, 2014 ATTEST: By Name: Title:

AOF EAST

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CITY ADMINISTRATOR'S OFFICE100 South Main StreetEast Peoria, Illinois 61611Phone: (309) 698-4750 Qo p4

4f0 N I T'

J. Thomas BrimberryCity Administrator

MEMO

TO: Mayor& Commissioners Dan Decker, Gary Densberger, Tim Jeffers & Chad Joos

FROM: Teresa Durm, Human Resources

THRU: Tom Brimberry, City Administrator 11,


RE: Relationship/Dating Policy

DISCUSSION:

The City has determined it is necessary to maintain clear boundaries between personal andbusiness interactions and relationships in order to effectively and properly conduct City business.This policy does not prevent the development of friendships or romantic relationships betweenCity co-workers; however, it does establish the boundaries as to how to conduct thoserelationships at work.

RECOMMENDATION:

I recommend approving the attached Relationship/Dating Policy to help provide a workenvironment that has established clear boundaries between personal and business interactionsand to avoid any type of work disruption.

EAST PEORIA — HOME OF THE FESTIVAL OF LIGHTS"

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Ordinance No. 4188

ORDINANCE NO. 4188 AN ORDINANCE AMENDING THE CITY OF EAST PEORIA PERSONNEL POLICY MANUAL

WHEREAS, the City of East Peoria established its Personnel Policy Manual by Ordinance No. 2474 in November 1990, which has been subsequently amended and updated by various ordinances including a significant revision and re-issuance in July 2013 by Ordinance No. 4113; and WHEREAS, the City Council finds another revision to the Personnel Policy Manual is appropriate and necessary in order to clarify and update the City’s position regarding romantic and dating relationships in the workplace among City co-workers; and

WHEREAS, by making this revision to the Personnel Policy Manual, the City

Council is not taking any action intended to create any contractual rights for any City employee or to change employee rights that are governed by a bargaining agreement for any employee group; and

WHEREAS, the City Council finds that additional revisions, updates, and clarifications to the Personnel Policy Manual are necessary and are in the best interests of the City and its employees;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:

Section 1. The following new Section 4.20a is hereby added to the City’s Personnel Policy Manual as follows:

Section 4.20a – Policy Governing Relationships in the Workplace. The City of East Peoria has determined that a work environment where employees maintain clear boundaries between personal and business interactions and relationships is necessary in order to effectively and properly conduct City business and further enhances productivity. Although this policy does not prevent the development of friendships or romantic relationships between City co-workers, this policy does establish boundaries as to how personal relationships are conducted during working hours and within the working environment. Further, individuals in supervisory or managerial roles and those with authority over other employee’s terms and conditions of employment are subject to more stringent requirements under this policy due to their status as role models, their access to sensitive information, and their ability to affect the terms and conditions of employment of individuals in subordinate positions.

This policy shall not preclude or interfere with the rights of

employees as provided under any applicable Federal or State law concerning the employment relationship.

The following provisions shall govern employee conduct and

relationships in the workplace: (1) During working time and in working areas, employees are

expected to conduct themselves in an appropriate workplace manner that does not interfere with others or overall productivity.

(2) During non-working time at the workplace, such as lunches,

breaks, and before and after work periods, employees engaging in personal exchanges in non-work and work areas should observe an appropriate workplace manner and follow the guidelines provided herein to avoid offending other workers or putting others in an uncomfortable position.

(3) Employees are strictly prohibited from engaging in physical

contact with co-workers and other City employees that would in any way be deemed inappropriate by a reasonable person, including public displays of affection, while anywhere on City premises or while off-site during work hours or otherwise while acting on behalf or representing the City.

(4) Employees who allow personal relationships with co-workers

to adversely affect the work environment will be subject to the appropriate provisions of the City’s disciplinary policy. Failure to change behavior and maintain expected work responsibilities is viewed as a serious disciplinary matter.

(5) Employee off-duty conduct is generally regarded as private,

as long as such conduct does not create problems within the workplace. An exception to this policy, however, is that romantic or sexual relationships between supervisors and subordinates shall not be permitted.

(6) Any Department Head, supervisor, manager, or other City

official in a sensitive or influential position with the City must disclose the existence of a romantic or sexual relationship with any co-worker or other City employee. Further, any co-workers working in the same City department must disclose the existence of a romantic or sexual relationship between the co-workers. This disclosure will enable the City to determine whether a conflict of interest or potential conflict of interest exists because of the relative positions of the employees involved in the

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relationship. Such disclosure shall be made to the employee’s Department Head or the Human Resources Director through the use of a “Relationship Agreement and Acknowledgement” form.

(7) When a conflict of interest problem or potential risk is

identified, the City will work with the employees involved to consider options for resolving the problem. The initial solution may be to make sure the employees no longer work together on matters where one employee is able to influence the other employee or take action for the other employee. Matters such as hiring, firing, promotions, performance management, compensation decisions, and financial transactions are examples of situations that may require re-allocation of duties to avoid any actual or perceived reward or disadvantage from the relationship. In some cases, other measures may be necessary, such as transfer to another position or department.

(8) If one or both employees refuse to accept a reasonable

solution or an offer of an alternative position, if available, such refusal will be deemed a voluntary resignation by the employee who refuses to accept the change in position.

(9) Failure to cooperate with the City to resolve a conflict or

potential problem caused by a romantic or sexual relationship between co-workers or among supervisors, managers, or others in positions of authority over another employee in a reasonable manner may be deemed insubordination and cause for immediate termination. The City’s disciplinary policy will be followed to ensure fairness and consistency before any significant disciplinary measures are undertaken.

(10) The provisions of this policy apply regardless of the sexual

orientation of the employees involved.

(11) Where doubts exist as to the specific meaning of the terms used above, employees and the City should interpret these terms and related policies on the basis of the overall spirit and intent of this policy. Additionally, the employee (or employees) should consult with their Department Head or the Human Resources Director.

(12) Any concerns about the administration of this policy should

be addressed to the Human Resources Director.

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

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Section 3. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith except as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 4. This Ordinance shall be in full force and effect from and after its passage, approval, and ten (10) day period of publication in the manner provided by law.

Section 5. The City Human Resources Coordinator is directed to furnish a copy

of these changes to the Personnel Policy Manual to all City employees when future updates are provided to City employees.

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL

COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF , 2014.

APPROVED:

________________________________ Mayor ATTEST: ________________________________


Corporation Counsel

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Ordinance No. 4187

TO: The Honorable Mayor David Mingus and Members of the City

Council THRU: Tom Brimberry, City Administrator

FROM: Morgan R. Cadwalader, City Clerk


SUBJECT: Updating Title 1, Title 2, Title 4, Title 7 and Title 8 of the East Peoria City Code for the Purpose of Creating a Department of Buildings and Inspections and Making Other Related Changes to the City Code DISCUSSION: The City seeks to reorganize certain duties to and create a new department called the Department of Buildings and Inspections. In this process, it is necessary to make changes to the City Code to do so. Some of those changes involve crafting a new Section in the City Code creating the Department of Buildings and Inspections, moving duties to and personnel to that section, and updating titles where applicable. While completing this process, there were many outdated sections in Title I in the City Code related to other departments that needed to be clarified or changed to ensure they meet the current needs and practices of the City. Some of those changes involve updating residency requirements, clarifying the official time of the City, and correcting some language across different Chapters of the Code to ensure consistency. Should you have any questions, please contact City Staff. RECOMMENDATION: To approve Updating Title 1, Title 2, Title 4, Title 7 and Title 8 of the East Peoria City Code for the Purpose of Creating a Department of Buildings and Inspections and Making Other Related Changes to the City Code.

100 South Main Street East Peoria, Illinois 61611 Phone: (309) 698-4715 Fax: (309) 698-4747 David W. Mingus Mayor COMMISSIONERS Benjamin C. Joos Public Health & Safety Gary R. Densberger Dept. of Accounts & Finance Daniel S. Decker Dept. Streets & Public improvements Timothy J. Jeffers Dept. Public Property _________ J. Thomas Brimberry City Administrator Morgan Cadwalader City Clerk Theresa L. Gualandi Treasurer/Comptroller Dick Ganschow Police Chief William J. Darin Fire Chief Ty Livingston Director of Planning and Community Development Steven J. Ferguson Director of Public Works Douglas E. McCarty Director of Tourism & Special Events Robert Cole Director of Buildings & Public Property Dennis R. Triggs City Attorney

Web Site: www.cityofeastpeoria.com “EAST PEORIA – HOME OF THE FESTIVAL OF LIGHTS”

http://www.cityofeastpeoria.com/

ORDINANCE NO. 4187

AN ORDINANCE UPDATING TITLE 1, TITLE 2, TITLE 4, TITLE 7 AND TITLE 8 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF CREATING

A DEPARTMENT OF BUILDINGS AND INSPECTIONS AND MAKING OTHER RELATED CHANGES TO THE CITY CODE

WHEREAS, the City Code provides for the appointment of a Director of Planning and Community Development; and

WHEREAS, the City desires to create a new department named the Department

of Buildings and Inspections; and WHEREAS, the City Council finds it is in the best interests of the City that the

Department of Buildings and Inspections be created; and WHEREAS, the City Council finds it is in the best interests of the City residents

that certain duties currently performed by the Director of Planning and Community Development be performed by the Director of Buildings and Inspections; and

WHEREAS, the City Council finds it in the best interests of the City that certain

other updates be made to Title 1, Title 4, Title 7 and Title 8 of the City Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. Title 1, Chapter 1, Section 17 of the East Peoria City Code is

hereby amended as follows (additions indicated by underline, and deletions by strikeout): 1-1-17. Official time.

(a) Central Standard Time shall be the official time within the city for the transaction of all city business; provided, that from two o'clock (2:00) A.M. on the last Sunday in April in each year, official time for the city shall be advanced one hour. At two o'clock (2:00) A.M. on the last Sunday in October in each year such official time shall, by the retarding of one hour be returned to Central Standard Time, except that where Central Daylight Time is in effect, when such time shall be the official time within the city for the transaction of all city business.

(b) All legal or official proceedings of the city council and all official business of the city shall be regulated as to time in accordance with the provisions of this section. When by ordinance, resolution or action of any municipal officer or body, an act must be performed at or within a prescribed time, it shall be performed according to the official time as

herein prescribed. When the words “daylight savings” or “daylight savings time” are used in any official document or contract, it shall be understood to have reference to the time herein fixed for the period from the last Sunday in April to the last Sunday in October.

Section 2. Title 1, Chapter 2, Section 3.6 of the East Peoria City Code is

hereby amended as follows (additions indicated by underline, and deletions by strikeout):

1-2-3.6. Bond required.

Each commissioner shall give bond in such sum as may be determined by the council, such bond to be not less than three thousand dollars ($3,000.00) and to be approved by the judge of the Circuit Court of Tazewell County, and filed with the countycity clerk, as provided by statute.


hereby amended as follows (additions indicated by underline, and deletions by strikeout): 1-3-1.1. Creation.

There is hereby created the department of public affairs, a principal department of the city. This department shall consist of the commissioner of public affairs, city attorney, corporation counsel, city clerk, purchasing agent, police department, board of police and fire commissioners, city administrator, director of tourism, and special events and facilities, and all other officers and employees not specifically assigned to any other department of the city.

Section 4. Title 1, Chapter 3, Section 3.6 is hereby deleted in its entirety.

Section 5. The following provisions of Title 1, Chapter 3, Section 7 of the East

Peoria City code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Provisions of Section 7 not amended herein remain unchanged and in full force and effect: 1-3-7.9 is hereby deleted in its entirety. 1-3-7.14 is hereby deleted in its entirety.

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1-3-7.15. Residency requirements.

All officers of the police department of the city shall reside either within the city limits of the city of East Peoria, Illinois, or in Tazewell County within ten (10) miles of the city limits.

Probationary officers of said department may continue to live outside the areas described in the preceding paragraph during their one-year probationary period provided that said officers move within the above-described areas within thirty (30) days after the end of said probationary period.Residency requirements shall be set forth in the City of East Peoria Personnel Policy Manual as updated from time to time, or as provided for in any applicable collective bargaining agreement.

Section 6. The following provisions of Title 1, Chapter 3, Section 8 of the East Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Provisions of Section 8 not amended herein remain unchanged and in full force and effect: 1-3-8. DIRECTOR OF PUBLIC AFFAIRSCITY ADMINISTRATOR 1-3-8.1. Creation of office; appointment.

There is hereby created the office of director of public affairscity administrator, an executive office of the city. The director of public affairscity administrator shall be appointed by the mayor with the advice and consent of the city council and shall be under the direct supervision of the mayor.

1-3-8.2. Duties.

The director of public affairscity administrator shall assume the following responsibilities and duties:

(a) Encourage existing, expanding or newly created business

enterprises to locate their facilities within the corporate limits of the city.Execute ordinances and policies through direct supervision of Chiefs and Department Heads.

(b) Make suggestions concerning public improvements which

may, if undertaken, serve to attract business enterprises to the city.Ensure development and recommendation of annual budget and operating plan.

(c) Recommend changes in policy which, if implemented, might

serve to improve the business climate within the city.Ensure

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orderly growth and development of the City in concern with Council priorities.

(d) Coordinate the economic development efforts of the various

departments and representatives of the city.

(e) Serve as the liaison with the FOLEPI Foundation.

(fd) Serve as the liaison with other public entities, including but not limited to the executive and legislative branches of the state and federal governments, the governing bodies of other units of local government, and the various administrative agencies which are created by and operated on behalf of local, state and federal governments.

(ge) Serve as the liaison with the chamber of commerce and

other civic organizations.

(hf) Serve as special assistant to the mayor. In such capacity, the director of public affairs shall, aAt the request of the mayor, facilitate the performance of the mayor's assigned duties.

(i) Serve as zone administrator for the East Peoria Enterprise

Zone.

(jg) Carry out such other duties as may from time to time be assigned by the mayor.

Section 7. Title 1, Chapter 3, Section 9 of the East Peoria City Code is hereby

deleted in its entirety. Section 8. The following provisions of Title 1, Chapter 3, Section 10 of the East Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Provisions of Section 10 not amended herein remain unchanged and in full force and effect: 1-3-10. DIRECTOR OF TOURISM, AND SPECIAL EVENTS AND

FACILITIES 1-3-10.1. Creation of office; appointment.

There is hereby created the office of director of tourism, and special events and facilities, an executive office of the city. The director of tourism, special events and facilities, who shall be appointed by the mayor with the advice and consent of the city council and shall be under the direct supervision of the mayor.

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1-3-10.2. Duties.

The director of tourism and, special events and facilities shall:

(a) Direct and coordinate the Department of Tourism, and Special Events and Facilities, which includes oversight of public relationstourism and visitor attraction efforts, EastSide Centre, Eastport Marina, the tourism office, and public property not specifically under the control of another department, and the planning, organizing, and program directing programs in each of these areas.

(b) Represent the Department of Tourism, and Special Events

and Facilities to the public. (c) Prepare and submit proposed annual and capital budgets to

the City Administrator.

(d) Serve as liaison between the City and the Park District, School Districts, FOLEPI Foundation, and other public organizations.

(e) Establish marketing campaigns to ensure share of market

and profitability of events and services, and oversee the department’s promotional activities.

(f) Oversee and execute marketing plans and programs, both

short and long range, to ensure growth and expansion of tourism.

(g) Oversee and cCoordinate reservations and uses of facilities

related to tourism and special events.

(h) Promote community access and utilization of City facilities.

(i) Collaborate with local hotels and conference centers to attract visitors.


Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Provisions of Section 1 not amended herein remain in full force and effect:

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1-4-1.1. Creation.

There is hereby created the department of accounts and finances, a principal department of the city. This department shall consist of the commissioner of accounts and finances, city treasurer, city comptroller, animal welfare officer, director of city inspections, the health officer, the building, electrical, plumbing, heating, zoning and health inspectors, director of planning and community development, and director of inspections and facilities, their respective offices and departments, all officers and assistants and employees herein, all clerical employees in the city municipal building, and all bookkeepers, accountants and inspectors assigned thereto.

1-4-1.2. Function.

It shall be the function of the department of Accounts and Finances to:

(a) Insure that the various officers and/or departments of the city

prepare and maintain proper accounts and records and make periodic reports insofar as the accounts and records of the city are concerned;

(b) Make periodic audits at frequent intervals of the accounts

and records of the officers and employees of the city who may receive or disburse money, and make provision for the annual audit required by statute;

(c) Inspect all accounts or records required to be kept in any of

the offices or departments of the city insofar as the accounts and finances of the city are concerned;

(d) Examine all bills, accounts, payrolls, demands and claims

and prepare reports concerning the same for submission to the council before they are acted upon, unless otherwise provided by statute or ordinance;

(e) Provide for the collection of all claims, demands, license

fees, inspection fees, franchise taxes, fines, penalties, forfeitures, rentals or money which may be due the city, except as otherwise provided for by statute or ordinance;

(f) Report to the council any failure to make a report, or to pay

moneys due the city;

(g) Insure that every officer or employee having care or custody of the funds of the city shall, before entering upon the duties

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of their respective offices, give bond to the city, with good and sufficient sureties, and in such amount as may be required by statute or ordinance;

(h) Exercise general supervision and control over all matters

insofar as the accounts and records of the city are concerned subject to the statutes and ordinances of the State and city and resolutions of the city council;

(i) Prepare a proposed budget itemizing expenditures to be met

by the city in the coming fiscal year, such proposed budget to be submitted to the council not later than the last regular meeting of the council in May of the current fiscal year;

(j) The enforcement of all city ordinances and provisions of this

Code relating to the construction, alteration, repair, maintenance or use of buildings, structures and premises within the city, or relating to the zoning of real property or to the public health within the city; and shall make or cause to be made all inspections necessary for that purpose; and

(k) The approval and certification of all plans and specifications

submitted in connection with any application or request for any permit to build, erect, construct, remodel, alter, install or repair any structure or equipment within the city as provided for in this Code, except where otherwise specified.; and

(l) Administer programs, projects, and activities that focus on

improving neighborhoods, regulating land uses for orderly growth and development, increasing economic activity, and fostering new residential, commercial, and industrial growth.

Section 10. The following provisions of Title 1, Chapter 4, Section 3 of the East Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Provisions of Section 3 not amended herein remain unchanged and in full force and effect: 1-4-3.2. Duties, generally as director of department.

The city comptroller shall be the director of the department of accounts and finances. He shall, in addition to the performance of duties vested in the city comptroller by statute:

(a) Establish, organize and keep all accounts of the city

government;

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(b) Prepare, under the direction of the council, the annual budget, which shall constitute his report of estimates required by law to be submitted to the council;

(c) Prepare and submit to the council such financial statements

and reports as the council may require;

(d) Pre-audit all revenues in order to insure the receipt and deposit of all sums due the city;

(e) Pre-audit all expenditures in order to prevent expenditures in

excess of budget appropriations and in order to prevent illegal and irregular expenditures;

(f) Conduct special studies and investigations into the financial

affairs of the city departments whenever he deems it advisable; and

(g) Collect or supervise the collection of all moneys belonging to

the city from all sources, except real and personal taxes and from other governmental jurisdictions;.

(h) Assist the purchasing agent in the purchase of all supplies,

materials and equipment required by the various departments and agencies of the city, subject to the ordinances relating thereto and the directions of the council, and keep proper records thereof;

(i) Sell such personal property of the city as will not be needed

for further public use, subject to the approval of the council; and

(j) Attend all sales of real estate in the city made under

proceedings in the Circuit Court of Tazewell County to enforce the collection of any special tax or assessment levied and assessed by ordinance of the council for any public improvement, and to bid at such sales on behalf of the city. The comptroller shall perform such duties with the objective that the financial interests of the city shall, at all times, be protected.

1-4-3.3. Ex officio collector.

The city comptroller shall be ex officio city collector, unless such office shall be duly filled by appointment, and he shall, in addition to all duties vested in the city collector by statute, perform the following duties:

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(a) He shall cCollect and receive all money due on special assessments and special taxes that are not paid directly to the city treasurer, and to keep such records pertaining to such collections as may be required by statute or ordinance;

(b) He shall mMake such reports regarding delinquent special

assessments as are required by statute, and shall make a monthly report to the council, showing what money has been received and the source thereof;

(c) He shall pPreserve all warrants returned to him;

(d) He shall kKeep such books and accounts as the council may

direct;

(e) He shall kKeep all warrants, books, vouchers and papers pertaining to the office of collector open for the inspection of the mayor, or any member or committee of the council;

(f) Once each week, or more often if required by the council the

comptroller shall pay over to the treasurer all money collected by him as city collector from any source whatsoever;

(g) At the close of the fiscal year the comptroller shall place on

file with the council a statement of all money collected by him during the year, the particular warrant or special assessment or account on which collected, the balance of money uncollected on all warrants in his possession, and the balance remaining on all warrants during the preceding fiscal year, and he shall cause such statement to be published by the city clerk as provided by statute; and

(h) He shall mMake such additional reports to the council of the

city's financial status as the council may request or require by ordinance.


Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Provisions of Section 4 not amended herein remain unchanged and in full force and effect:

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1-4-4. DEPARTMENT OF PLANNING AND ZONING COMMUNITY DEVELOPMENT

1-4-4.1. Creation.

There is hereby created the department of planning and zoningcommunity development, an executive department of the city. This department shall consist of the director of planning and zoningcommunity development, the health officer, the electrical, plumbing, heating, and health inspectors, the planning and zoning administrator and the Code enforcement administrator, and such other inspectors and employees assigned thereto. Any reference elsewhere in this Code to the “department of Inspections” shall be deemed to be a reference to the department of planning and zoning.

1-4-4.2. Director; office created, appointment, bond.

There is hereby created the office of the director of Pplanning and zoningcommunity development, an office of the city. The director shall be appointed by the mayor, with the advice and consent of the city council, and. He shall hold office for an indefinite term and until hisa successor is appointed and qualified.

The director shall be general superintendent over the department of planning and zoningcommunity development, and. He shall post bond in the manner prescribed for other city officers.

Editor's note--Reference to “city inspector” elsewhere in this Code shall be deemed to be a reference to the “director of planning and zoning.”

1-4-4.3. Director; qualifications.

The person appointed to fill the office of director of planning and zoningcommunity development shall be of good moral character and capable of competently carrying out the obligations imposed upon him pursuant to the City Code.

1-4-4.4. Director; duties and powers.

The director of planning and zoningcommunity development shall:

(a) Enforce all provisions of the building, electrical, plumbing, zoning, minimum housing and health regulations of the city, and all statutes and other ordinances of the city relating to the same subject matter; he shall make or cause to be made all inspections necessary for this purposeEncourage

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existing, expanding, or newly created business enterprises to locate their facilities within the corporate limits of the city;

(b) Have the power to cause any construction, installation or

repair work, and electrical, water, heat and fuel flow, or any other activity within the city to be stopped whenever he finds existing a violation of any statute, provision of this Code or other ordinances of the cityMake suggestions concerning the public improvements which may, if undertaken, serve to attract business enterprises to the city;

(c) Be responsible for the issuing of certificates of approval to

the owner or person in control of any premises inspected by an agent of his department where it is determined that such premises fully comply with the regulations adopted by this CodeRecommend changes in policy which, if implemented, might serve to improve the business climate within the city;

(d) Keep accurate and permanent records and amounts of all

certificates and permits issued, inspections made and moneys or fees collected under the authority of this Code; and he shall make a monthly report of the activities of his department to the commissioner of accounts and finances Coordinate the economic development efforts of the various departments and representatives of the city; and

(e) Have supervision and control over all inspectors and

employees assigned to the department of planning and zoningcommunity development;.

(f) Have supervision and control over the Administrator of the

East Peoria Housing Authority.;

(g) Shall hold ex officio each position in the department of planning and zoningcommunity development which is not otherwise filled by appointment of the city council.;

(h) Cooperate with and assist the director of public affairscity

administrator in the implementation of programs and projects undertaken by the director of public affairscity administrator.;

(i) Serve as zone administrator for the East Peoria Enterprise

Zone;

(j) Provide professional planning and land use advice to supervisors and other officials;

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(k) Supervise the evaluation of land use proposals for conformity to established plans and ordinances;

(l) Provide staff support to the city’s Planning Commission,

Zoning Board of Appeals, Designated Zone Organization, and other boards and commissions related to land use;

(m) Serve as the city’s Zoning Administrator. The duties of the

Zoning Administrator shall be:

(i) Maintain the City’s Zoning ordinances, including providing recommendations to the City Council for amendments;

(ii) Conduct technical reviews and site inspections; (iii) Make staff reports to the Planning Commission and

Zoning Board of Appeals on specific project proposals, including, but not limited to, Special Use permit applications, text amendments, zoning amendments, variances, and subdivisions;

(iv) Any other duties as otherwise provided for in the City

Code. (n) Manage the subdivision process within the city; (o) Ensure that all subdivisions and annexations meet the

requirements of Section 8 of Title 4, Chapter 13; (p) Ensure that all requested variances meet the requirements

of Section 10 of Title 4, Chapter 13, and maintain documentation of any variances granted;

(q) Notify the Illinois Department of Natural Resources Office of

Water Resources and any neighboring communities prior to any alteration or relocation of a water course; and

(r) Cooperate with state and federal floodplain management

agencies to coordinate base flood data and to improve the administration of Title 4, Chapter 13.

1-4-4.5 is hereby deleted in its entirety.

1-4-4.6 is hereby deleted in its entirety. 1-4-4.7 is hereby deleted in its entirety.

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1-4-4.8 is hereby deleted in its entirety. 1-4-4.9 is hereby deleted in its entirety. 1-4-4.10 is hereby deleted in its entirety. 1-4-4.11 is hereby deleted in its entirety. 1-4-4.12 is hereby deleted in its entirety. 1-4-4.13 is hereby deleted in its entirety. 1-4-4.14 is hereby deleted in its entirety. 1-4-4.15 is hereby deleted in its entirety.

Section 12. There is hereby created a new section of the East Peoria City Code, Title 1, Chapter 4, Section 5, which shall read as follows:

1-4-5. DEPARTMENT OF BUILDINGS AND INSPECTIONS 1-4-5.1. Creation.

There is hereby created the department of buildings and inspections, an executive department of the city. This department shall consist of the director of buildings and inspections, the electrical and plumbing inspectors, the code enforcement officer, and such other employees assigned thereto. Any reference elsewhere in this Code to the “department of inspections” shall be deemed to be a reference to the department of buildings and inspections, and any reference elsewhere in this Code to the “city inspector” shall be deemed to be a reference to the director of buildings and inspections. 1-4-5.2. Director; office created, appointment, bond.

There is hereby created the office of the director of buildings and inspections, an office of the city. The director shall be appointed by the mayor, with the advice and consent of the city council and shall hold office for an indefinite term and until his successor is appointed and qualified.

The director shall be general superintendent over the department of buildings and inspections.

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1-4-5.3. Director; qualifications.

The person appointed to fill the office of director of buildings and

inspections shall be of good moral character and capable of competently carrying out the obligations imposed upon him pursuant to the City Code.

1-4-5.4. Director; duties and powers.

The director of buildings and inspections shall:

(a) Enforce all provisions of the building, electrical, plumbing, zoning, minimum housing, and health regulations of the city, and all statutes and other ordinances of the city relating to the same subject matter; he shall make or cause to be made all inspections necessary for this purpose;

(b) Have the power to cause any construction, installation or

repair work, and electrical, water, heat and fuel flow, or any other activity within the city to be stopped whenever he finds existing a violation of any statute, provision of this Code, or other ordinances of the city;

(c) Oversee programs that increase efficiencies of city facilities

and coordinate municipal aggregation programs;

(d) Keep accurate and permanent records and amounts of all certificates and permits issued, inspections made, and moneys or fees collected under the authority of this Code; and he shall make a monthly report of the activities of his department to the commissioner of accounts and finances;

(e) Have supervision and control over all inspectors and

employees assigned to the department of buildings and inspections;

(f) Be responsible for inspection of existing buildings and

structures and those being erected or altered, as frequently as may be necessary, and for the approval of plans and specifications relating thereto, for the purpose of enforcing compliance with structural, fire and related safety regulations and requirements as provided for by statute, this Code or other ordinances of the city;

(g) Issue a certificate of inspection to the owner or person in

control of any premises which he has inspected, or a certificate of approval to the person submitting any plans or

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specifications to him only where he finds that the structure, work or plans therein fully complies with state statute, this Code and other ordinances of the city;

(h) Enforce the provisions of the building regulations, keep an

accurate and permanent record and account of all activities, permits, moneys or fees collected and received thereunder, the name of the person on whose account and for what purpose the same were paid, the date and location of the subject of the permit;

(i) Perform such other duties necessary and incidental to the

performance of his office, and as may be assigned to him from time to time by the mayor or the council;

(j) Other business. It shall be unlawful for the Code

enforcement administrator, except in the performance of his duties, to engage in the business of construction, alteration or sale of building material or building equipment, either directly or indirectly, and he shall have no financial interest whatsoever in any concern engaged in any such business; and

(k) Maintain and make available for public inspection base flood

data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to Title 4, Chapter 13;

(l) Serve as the city’s Flood Zone Administrator; (m) Maintain and make available for public inspection base flood

data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to Title 4, Chapter 13; and

(n) Cooperate with and assist the city administrator in the

implementation of programs and projects undertaken by the city administrator.

1-4-5.5. Electrical inspector; office created, appointment.

An electrical inspector shall be appointed by the director of buildings and inspections. He shall hold office for an indefinite term and until his successor is appointed and qualified. The electrical inspector shall be directly responsible to the director of buildings and inspections.

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1-4-5.6. Electrical inspector; qualifications.

The person appointed to fill the office of electrical inspector shall be licensed in the State of Illinois as an electrician. He shall have had at least five (5) years' experience as a journeyman in the practice of his trade or three (3) years' training in a recognized college of electrical engineering and, in addition thereto, at least two (2) years of practical experience in electrical construction, and shall be well versed in approved methods of electrical construction for safety to life and property as adopted by this Code, the Statutes of the State of Illinois relating to electrical work and the rules, the National Electrical Code, and regulations issued by the Fire Marshal of the State of Illinois.

1-4-5.7. Electrical inspector; duties and powers.

(a) The electrical inspector shall enforce all provisions of the

electrical regulations of the city, and all statutes and other ordinances of the city relating to electrical construction, installation, repair or maintenance. He shall make or cause to be made all inspections necessary for this purpose.

(b) He shall have the power to cause the electrical current in

any wire, conduit or circuit to be turned off, whenever this is necessary for the protection of life, limb or property.

(c) He shall issue a certificate of approval to the owner or

person in control of premises which he has inspected where he finds that the electrical installation and wiring therein fully comply with the provisions of this Code.

1-4-5.8. Plumbing inspector.

(a) A plumbing inspector shall be appointed by the director of buildings and inspections. He shall hold office for an indefinite term or until his successor is appointed. He shall be directly responsible to the director of buildings and inspections. (b) The plumbing inspector shall enforce all city ordinances and provisions of this Code relating to plumbing installations, alterations, repairs and equipment. He shall make all inspections necessary for this purpose. (c) He shall have the power to cause the flow of water in any pipe, conduit or gutter to be turned off whenever this is necessary for the protection of life, limb or property.

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(d) He shall issue a certificate of approval to the owner or person in control of the premises which he has inspected where he finds the plumbing installations therein fully comply with the ordinances of the city.

1-4-5.9. Inspection; entry powers.

The director of buildings and inspections and any authorized

inspector or agent thereunder, shall have the power during reasonable hours, and upon showing of proper identification, to make or cause to be made an entry into any private building or premises within the city for the purpose of making an inspection or test in the discharge of his official duties; provided, however, that no inspection of an occupied dwelling shall occur without the consent of a resident, tenant, or lawful occupant residing therein unless an administrative search warrant is first obtained.

1-4-4.10. Stop order; penalty.

(a) Whenever the director of buildings and inspections or any authorized inspector or agent thereunder shall find any work, operation, activity or usage being conducted in violation of any statute, provision of this Code or other ordinance of the city, he shall have the power to order such activity stopped until such provision is complied with.

(b) Every stop order issued shall be served upon or communicated to any person engaged in or responsible for causing such work to be done; provided, however, that where such stop order is made orally it shall be followed by a written stop order within an hour, signed by the director or any commissioner.

(c) Every stop order shall be served by an agent of the department of buildings and inspections or any city police officer, and if any such person to be served is not readily found, then such notice may be served by posting a "STOP NOTICE" upon the premises in some conspicuous place.

(d) It shall be unlawful for any person to continue any such

activity after a stop order has been issued and served, except upon written permission of the council or of the director of buildings and inspections.

(e) Any person violating the preceding subsection shall be fined

not less than one hundred dollars ($100.00), nor more than seven hundred fifty dollars ($750.00); and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.


Peoria City Code are hereby amended as follows (additions indicated by underline, and

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deletions by strikeout). Provisions of Section 1 not amended herein remain unchanged and in full force and effect: 1-5-1.1. Creation.

There is hereby created a department of health and safety, a principal department of the city. This department shall consist of the commissioner of public health and safety,include the city fire and public propertyambulance departments, and all officers and employees assigned thereto.

1-5-1.2. Function.

The function of the department of public health and safety shall be to:

(a) Protect lives and property from the hazards of fire, accidents,

and natural calamitiesdisasters;

(b) Maintain an efficient, highly motivated corps of fire officers and menpersons trained and equipped to carry out their respective and mutual duties toward the public; and

(c) Promote the integration and co-ordination of the city's police

and fire functions to the highest degree possible consistent with operational and economic efficiency;.

(d) The custody of all city-owned buildings and grounds;

(e) The keeping of accurate maps, plats and records of all public

works, lands or property owned by the city; and

(f) The keeping of accurate inventory of all property of the city used or controlled by any department thereof.


hereby amended as follows (additions indicated by underline, and deletions by strikeout):

1-5-2.2. Function.

The fire department, under the supervision of the fire chief, shall:

(a) Prevent fires from starting and spreading through inspection or other means;

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(b) Assure the maintenance of all devices for controlling fires and responding to accidents and natural disasters;

(c) Combat fires within the city, and under mutual aid

arrangements;

(d) Enforce statutes and ordinances relating to fires, and fire prevention, and medical emergencies;

(e) Investigate fires and maintain proper records of fires and

matters relating thereto;

(f) Attend to matters of rescue as usually conducted by fire and ambulance departments of surrounding communities; and

(g) With the consent of the commissioner of public health and

safety, carry on the functions of fire fighting and rescue outside of the city.

Section 15. The following provisions of Title 1, Chapter 9 of the East Peoria City

Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Those sections of Title 1, Chapter 9 not amended herein remain unchanged and in full force and effect:

1-9-3. Qualifications for office; appointed officers and board and commission members.

Unless otherwise provided in this Code, no person shall be eligible to serve as a board or commission member or as an appointed officer unless he is a qualified elector of the city and has resided therein at least one year next preceding his election or appointment. However, these requirements shall not apply to the city engineer, health officer or other officers who require technical training or knowledge. Nor shall these requirements apply to city attorneys. But no person shall be eligible tofor any city office who is a defaulter to the city.

1-9-6. Bonds required; approval; amounts; place of filing.

(a) The following officers and employees of the city shall execute a bond before entering upon the duties of his office, with good and sufficient security to be approved by the council, except that bonds of the mayor and commissioners shall be approved by the Circuit Court of Tazewell County, conditioned for the faithful performance of the duties of the office and the payment of all money received by the officer, payable to the city, in such penal sums as hereinafter provided by statute.

Mayor ................................................................................ $ 3,000.00

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Commissioner of Accounts and Finances ............................ 3,000.00 Commissioner of Public Health and Safety .......................... 3,000.00 Commissioner of Streets and Public Improvements ............ 3,000.00 Commissioner of Public Property ......................................... 3,000.00 City Clerk ................................................................................ 500.00 City Comptroller (and City Collector) ...................................... 500.00 City Treasurer .................................................................... 75,000.00 Director of Public Works ......................................................... 500.00 Director of cCity Inspections ................................................... 500.00 Superintendent of Streets ....................................................... 500.00 Superintendent of Water ......................................................... 500.00 Superintendent of Sewers ....................................................... 500.00 Superintendent of Sanitation ................................................... 500.00 Fire Chief ............................................................................. 1,000.00 Police Chief .......................................................................... 1,000.00 Firemen ................................................................................ 1,000.00 Police Officers ...................................................................... 1,000.00 Building Inspector ................................................................... 500.00 Electrical Inspector ................................................................. 500.00 Plumbing Inspector ................................................................. 500.00 Heating Inspector .................................................................... 500.00 Planning and Zoning Administrator ......................................... 500.00 Health Inspector ...................................................................... 500.00

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Purchasing Agent ................................................................... 500.00

(b) Whenever any officer shall be appointed by the council to perform the duties of an additional office, his bond shall be rewritten so as to cover such additional duties as heretofore provided.

(c) All certificates of bonds shall be filed with, recorded and preserved by the city clerk, except the bond of the city clerk, which shall be filed with, recorded and preserved by the city Treasurer, and the bonds of the Mayor and commissioners, which shall be filed with, recorded and preserved by the county clerk.

1-9-17. Residency of employees. Each employee shall, during the period of his employment, maintain his domicile within the corporate limits of the city or within ten (10)twenty (20) miles thereof. Every new employee shall establish his domicile as herein required within six (6) monthsone (1) year of his employment.

1-9-18. Probationary period for employees.

All original and promotional employments shall be made for a probationary period of three (3)six (6) months, or as provided by contract. This probationary period shall be deemed to be a part of the examining process for determining the qualification of the candidate. During such period, the authority responsible for the original or promotional appointment of the employee may discharge such employee without giving any reason therefor.

1-9-22. Suspensions.

The authority responsible for the appointment of any appointed officer, any commission or board member or the employment of any employee may at any time suspend such person for disciplinary reasons for a period not to exceed thirty (30) daysas stipulated in the Personnel Policy Manual; provided, however, that in the event a written agreement pertaining to suspensions is entered into between the city and any appointed officer, employee or group of employees, then such agreement, to the extent applicable, shall determine the manner in which such person or persons are suspended. Section 16. The following provisions of Title 2, Chapter 14 of the East

Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Those sections of Title 2, Chapter 14 not amended herein remain unchanged and in full force and effect:

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2-14-1. Creation; chairman.

(a) There is hereby established in the city a board to be called the building board of appeals, consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction and who shall be appointed by the Mayor, with the advice and consent of the city council.

The mayor shall designate one of the members to serve as chairman.

(b) The zoning board of appeals shall serve as ex officio Building board of appeals unless such board is duly filled by appointment; and the zoning board of appeals shall perform the duties of such board in the absence of such appointment.

2-14-2. Term of office.

The mayor shall appoint one member of the building board of appeals for a term of one year, one member for a term of two (2) years, one member for a term of three (3) years, one member for a term of four (4) years, and one member for a term of five (5) years. Upon expiration of the term of office of a member of the board, his successor shall be appointed for a term of five (5) years. Terms shall run from May 1 through April 30. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the mayor, render any such member liable to immediate removal from office by the mayor.

2-14-3. Meetings, Quorum, and Voting.

(a) The board shall meet at least once each month or on call of the chairman or upon written request of at least three (3) members of the board.

(b) Four (4) members of the board shall constitute a quorum. All

actions of the board must have the concurrence of at least a majority of those present and voting. In varying the application of any provision of this Code or in modifying an order of the director of citybuildings and inspections affirmative votes of three (3) members shall be required. In the event a quorum is not present, but at least one member is present, action on an appeal brought before the board may be taken by a written vote of a majority of the members upon each voting member certifying that he or she has read and considered the transcript of the hearing proceedings held by the board in his or her absence. No member of the board shall pass upon any question in which he, or any corporation in which he is a shareholder, is interested.

(a)(c) Any member of the board who fails to attend three (3) consecutive meetings of the board, whether for the conduct of administrative matters or

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hearings of appeals, without prior consent of the chairman, shall be deemed to have resigned from the board. Thereupon, the chairman of the board shall notify the Mayor of the City of East Peoria so that the Mayor may make an appointment to fill the vacancy for the remainder of the term.

2-14-4. Meetings and records; procedure.

(a) Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All hearings before the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such facts, and shall also keep records of its examinations and other official action. Such minutes and such records shall be public records.

(b) The board shall establish rules and regulations for its own

procedure not inconsistent with the provisions of this Code. 2-14-5. is hereby deleted in its entirety. 2-14-6. is hereby deleted in its entirety. 2-14-7. is hereby deleted in its entirety. 2-14-8. is hereby deleted in its entirety.

Section 17. Title 4, Chapter 1, Section 2 of the East Peoria City Code is hereby amended to read as follows (additions indicated by underline, and deletions by strikeout):

4-1-2. Definitions. In the construction of this chapter, including the IBC, the IRC, the IMC, the IPMC and the IECC, the words and terms set forth in this section shall have the following meanings unless the context or use clearly indicates another or different meaning or intent. (a) Code Council means the International Code Council, Inc. (b) IBC means the “International Building Code, 2012 Edition”

published by the Code Council. (c) IRC means the “International Residential Code, 2012

Edition” published by the Code Council. (d) Building official as used in the IBC, the ICR, the IMC, the

IPMC or the IECC shall be considered to be a reference to

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the director of the Department of Buildings and Inspections and Facilities of the city or his authorized agent.

(e) Director means the director of the Department of Buildings

and Inspections and Facilities of the City or his authorized agent.

(f) IMC means the “International Mechanical Code, 2012

Edition” published by the Code Council.

(g) Prefabricated assembly means a building or portion of a building which is constructed at a location other than the site at which the building or portion thereof is to be permanently affixed to real estate.

(h) Third party inspector means a person certified as an

independent testing and inspection agency for prefabricated assemblies by either the International Code Council, Inc. or the International Conference of Building Officials.

(i) IECC means the “International Energy Conservation Code,

2012 Edition” published by the Code Council. (j) IPMC means the “International Property Maintenance Code,

2012 Edition” published by the Code Council.


4-3-1. Definition. For the purpose of this chapter:, unsafe building shall mean any building, shed, fence or any other structure which, because of its: Director means the director of buildings and inspections of the City or his authorized agent.

Unsafe building shall mean any building, shed, fence, or any other structure which, because of its: (1) General condition, or

(2) Faulty or partial construction, or

(3) Inadequate maintenance, or

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(4) Dilapidation or deterioration, or

(5) Lack of adequate doors or windows, or

(6) Abandonment, or

(7) Partial demolition or destruction, or

(8) Any other cause, is determined by an authorized official of the city to be:

(a) Dangerous to the public health, and may cause or aid

in the spread of disease or injury to the occupants thereof or of neighboring buildings; or

(b) Especially liable to fire, and constitutes or creates a

fire hazard; or

(c) Especially liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure, or is otherwise structurally unsafe; or

(d) Available to and frequented by vagrants, transients,

malefactors or disorderly persons, who are not lawful occupants of such structure.

Section 19. Title 4, Chapter 3, Section 4 of the East Peoria City Code is hereby amended to read as follows (additions indicated by underline, and deletions by strikeout): 4-3-4. Inspection; notice to abate, notice to vacate.

(a) The director shall examine or cause to be examined every building or structure reported or suspected to be unsafe., and whenever, upon due investigation, the director shall be of the opinion that any building or structure in the city is an unsafe building, he shall file a written statement to this effect with the city clerk.

(b) The clerk Whenever, upon due investigation, the director shall be of the opinion that any building or structure within the city is an unsafe building, the director shall thereupon cause due notice in writing to be served upon the owner or owners of such building or structure, stating that the building has been declared to be in an unsafe condition, setting forth the causes therefor, and that such unsafe condition must be removed or remedied by repairing or altering the building or structure or by demolishing or removing the same. Such notice shall require the owner or person in control of the building or structure to commence the required

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repairs, improvement, demolition or removal of the building or structure, and all such work shall be completed within fifteen (15) days of the date of such notice, unless for special reasons stated a longer time is allowed, but in no case to exceed one hundred twenty (120) days.

(c) Should the conditions require, for reasons of public welfare and safety, such notice shall also require the building or structure to be vacated immediately and not reoccupied until the required repairs or improvements are completed, the building inspected and final approval given by the director.

(d) Before issuing a building permit authorizing the repair or

reconstruction of any building which has for any reason suffered damage to its structural components including its roof, walls or foundation, the Ddirector may, in the Ddirector’s discretion, require the applicant for the building permit or the owner of the building to secure at the expense of such applicant or owner an inspection of the building by a licensed structural engineer together with a written report by the inspecting engineer which confirms that the building if repaired or reconstructed in accordance with the application for the building permit will not constitute an unsafe building as defined by this chapter. Section 20. Title 4, Chapter 3, Section 5 of the East Peoria City Code is hereby

amended to read as follows (additions indicated by underline, and deletions by strikeout):

4-3-5. Due notice.

(a) Except where otherwise provided in this chapter, “due notice” shall consist of personal service to owners of record of the real estate involved, or by registeredcertified mail sent to the last known address of such owner or owners, by posting such notice in the certifiedregistered mail, postage prepaidreturn receipt requested.

(b) Whenever, upon diligent search, the identity or whereabouts of such owner or owners shall not be ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed shall constitute sufficient notice.

State law reference(s)--Unsafe buildings, demolition, repair or enclosure, 65 ILCS 5/11-31-1.

Section 21. Title 4, Chapter 3, Section 7 of the East Peoria City Code is hereby amended to read as follows (additions indicated by underline, and deletions by strikeout): 4-3-7. Failure of owner to abate.

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(a) In the event the owner or owners of any unsafe building, after fifteen (15) -days' written notice, have neglected, refused or otherwise failed to put such building in a safe condition or to demolish it, the city councildirector may make or cause to be made application to the Circuit Court of Tazewell County for an order authorizing the city to demolish or repair, or cause the demolition or repair, of dangerous and unsafe building or uncompleted and abandoned building.

However, such unsafe buildings must be boarded up or otherwise enclosed.

(b) The cost of such demolition or repair shall be recoverable from the owner or owners of such real estate and shall be a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, that within sixty (60)one hundred eighty (180) days after such cost and expense is incurred the city, or person performing the service by authority of the city, in his or its own name, shall file notice of lien in the office of the Recorder of Deeds of Tazewell County setting out:

(1) A description of the real estate sufficient for identification

thereof; and

(2) The amount of money representing the cost and expense incurred or payable for the service; and

(3) The date or dates when the cost or expense was incurred by

the city.

Such lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanic's liens; but such suits must be commenced within three (3) years after the date of filing notice of the lien.

(c) It shall not be a defense to any cause of action brought pursuant to this section that the building is boarded up or otherwise enclosed, nor shallalthough a court may order such building boarded up or otherwise enclosed.


amended to read as follows (additions indicated by underline, and deletions by strikeout): 4-4-1. Definitions.

For the purpose of this chapter:

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Demolition. The removal, in whole or part, of any structure or building, the removal of demolition debris, or the installation of fill material and final grading in connection with such removal.

Demolition contractor. Any person or firm engaged in the business of demolition of buildings or structures by contract.

Director. The director of planning and developmentbuildings and inspections for the cCity or his authorized agent.


amended to read as follows (additions are indicated by underline, deletions by strikeout):

4-6-2. National Electrical Code; amendments.

(a) Wherever the word “municipality” is used in the National Code, it shall be held to refer to the City of East Peoria.

(b) Wherever the words “electrical official” or “administrative authority” are used in the National Electrical Code, they shall be held to refer to the director of the Department of Buildings and Inspections and Facilities or his authorized representative. Section 24. Title 4, Chapter 6, Section 3 of the East Peoria City Code is hereby

amended to read as follows (additions are indicated by underline, deletions by strikeout): 4-6-3. Definitions.

For the purpose of this chapter:

(a) Director means the director of the Department of Buildings and Inspections and Facilities or his authorized representative.

(b) Electrical contractor means any person or firm engaged in

the business of installing or altering electrical installations or electrical equipment as covered by the National Code.

(c) Electrical installations or electrical equipment means

electrical conductors and equipment installed for the utilization of electricity as covered by the National Code. It does not include equipment or installations excluded by state statutes.

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(d) NEC or National Code means the NFPA 70, National Electrical Code, 2014 Edition published by the National Fire Protection Association.

Section 25. The following provisions of Title 4, Chapter 7 of the East Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Those sections of Title 4, Chapter 7 not amended herein remain unchanged and in full force and effect: 4-7-3. Definitions.

Abandoned sign. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity and/or for which no legal owner can be found. Administrator. The planning and zoning administrator or his designated representative.

Animated sign. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. (See flashing sign)

Area. (See sign, area of)

Awning. A shelter projecting from and supported by the exterior wall of a building constructed of non rigid materials on a supporting framework (see marquee).

Awning sign. A sign painted on, printed on, or attached flat against the surface of an awning.

Banner sign. A sign made of fabric or any nonrigid material with no enclosing framework so as to allow movement of the sign caused by movement of the atmosphere.

Billboard. (See off-premises sign)

Building face. All window and wall area of a building in one plane or elevation.

Canopy. A permanent roof-like shelter extending from part or all of a building face.

Changeable copy sign (automatic). A sign on which the copy changes automatically on a lampbank or through mechanical, e.g., electrical or electronic time and temperature units, message center. Also included are all signs incorporating or using an electronic display screen,

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including light emitting diode (LED) screens, plasma screens, and similar technology, regardless of whether text or copy is displayed on the screen.

Changeable copy sign (manual). A sign on which copy is changed manually in the field, e.g., readerboards with changeable letters.

City. That area defined by the corporate limits of East Peoria, Illinois.

Clearance (of a sign). The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Construction sign. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction of the property on which the sign is located.

Copy. The wording on a sign surface in either permanent or removable letter form.

Copy area. The area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign.

Directional/information sign. An on-premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs. Director. The Director of Buildings and Inspections or his designated representative.

Double-faced sign. A sign with two (2) faces.

Electric sign. A sign or sign structure in which electrical wiring, connections, or fixtures are used.

Electronic message center. (See changeable copy sign, automatic.)

Embellishments. Letters, figures, characters or representatives in cut-outs or irregular forms or similar ornaments attached to or superimposed upon the sign.

Erected. Attached, altered, built, constructed, reconstructed, enlarged or moved and shall include the painting of wall signs.

Exempt signs. Signs exempted from normal permit requirements, but not from construction specifications.

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Facade. The entire building front including the parapet.

Facia sign. (See wall sign)

Festoons. A string of ribbons, tinsel, small flags, or pinwheels.

Flashing sign. A sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs (automatic), animated signs, or signs which through reflection or other means, create an illusion of flashing intermittent light (see animated sign, changeable copy sign).

Freestanding sign. A sign permanently supported upon the ground by poles or braces and not attached to any building.

Frontage. The length of the property line of any one premises along each public right-of-way on which it borders.

Frontage, building. The length of an outside building wall on a public right-of-way.

Government sign. Any temporary or permanent sign erected and maintained by the city, county, state, or Federal government for traffic direction or for designation of a direction to any school, hospital, historical site, or public service, property or facility.

Ground level. Street grade. Height (of a sign). The vertical distance measured from the highest point of the sign or its supporting members to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (see clearance).

Highway, interstate. Any highway designated by the Illinois Department of Transportation as part of the National System of Interstate and Defense Highways.

Highway, primary. Any highway other than an interstate highway designed by the Illinois Department of Transportation and approved by the United States Department of Transportation as a part of the Federal-Aid Primary System.

Identification sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

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Illegal sign. A sign which does not meet the requirements of this code and which does not have legal nonconforming status.

Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of lighting the sign.

Incidental, sign. A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., credit card sign, a sign indicating hours of business.

Individual letter sign. Any sign made of self-contained letters or embellishments that are mounted on the face of a building, on a parapet or on a marquee.

Lot. A plot of ground made up of one or more parcels, which is or may be occupied by a use, building or buildings.

Maintenance. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

Mansard. A sloped roof or roof-like facade architecturally comparable to a building wall.

Marquee sign. Any sign attached to or supported by a marquee structure.

Monument sign. A sign with a base attached to the ground made of natural materials, i.e. granite, marble or other similar substances or masonry materials.

Nameplate. A nonelectric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.

Nonconforming sign. A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.

Occupancy. The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use. Off-premises sign. A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located, e.g., billboards or outdoor advertising.

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On-premises sign. A sign which pertains to the use of the premises on which it is located.

Outdoor advertiser. Any person engaged in the business of placing, posting or painting any advertisements, notices or displays in or on any place in the City for the purpose of outdoor advertising, so that the resulting display is visible from any street, alley, sidewalk or other public place in the City.

Owner. A person recorded as such on official records. For the purposes of this chapter, the owner of the property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Administrator, e.g., a sign leased from a sign company.

Painted wall sign. Any sign which is applied with paint or similar substance on the face of a wall.

Parapet. The extension of a false front or wall above roofline.

Person. Any individual, corporation, association, firm, partnership, or similarly defined interest.

Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. Pole banner. A banner sign that is attached to the supporting standard for a street light, a utility pole or other similar structure which standard, pole or other structure is owned, leased or under the control of the City and is located within or immediately adjacent to the public right of way.

Pole cover. Covers enclosing or decorating poles or other structural supports of a sign.

Political sign. A temporary sign used in connection with a local, state, or national election or referendum.

Portable sign. Any sign not permanently affixed to the ground or to a structure or building or any sign mounted on a chassis or other structure in such a fashion that it could be transported by removing the sign and its chassis from its mounting and attaching wheel mountings and wheels; provided, however, that this term shall not be construed to include exempt signs authorized pursuant to subsection 4-7-5(b) of this Code or temporary signs authorized pursuant to section 4-7-8 of this Code.

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Premises. A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Projecting sign. A sign other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Projecting pedestrian sign. An on-premises sign which is attached to and projects from a structure or building face at right angles for the purpose of directing pedestrians to a particular location.

Public right-of-way. A public street or alley.

Real estate sign. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Rotating sign. A sign or portion of a sign which moves in a revolving manner. Such motion does not refer to methods of changing copy.

Scenic area. Any area of particular scenic beauty as determined by resolution of the East Peoria City Council.

Sign. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods or service.

Sign, area of.

(1) Projecting and freestanding. The area of a freestanding or

projecting sign shall have only one (1) face (the largest one) of any double or multi-faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one (1) or two (2) individual cabinets:

a. The area around and enclosing the perimeter of each

cabinet or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.

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b. If the sign is composed of more than two (2) sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy.

(2) Wall signs. The areas shall be within a single, continuous

perimeter composed of any straight line geometric figure which enclosed the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter. The combined areas of the individual figures shall be considered the total sign area.

Sign structure. Any structure which supports, has supported or is capable of supporting a sign.

Swinging sign. A sign installed on an arm or spar, that is not, in addition, permanently fastened to an adjacent wall or upright pole.

Temporary sign. A sign which is not a permanently affixed device such as banners, pennants, flags (not including those of a nation), and balloons or other air or gas filled fixtures, shall be a temporary sign.

Temporary window sign. A sign painted on the interior of a window or constructed of paper, cloth, or other like material and attached to the interior side of a window.

Under canopy sign. A sign suspended beneath a canopy, ceiling, roof, or marquee.

Use. The purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.

Wall sign. A sign attached to, erected against, or painted on the wall of a building with the face in a parallel plane to the plan of the building wall. This includes painted, individual letter, and cabinet signs and signs on a mansard.

Window sign. A sign installed inside a window and intended to be viewed from the outside.

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4-7-4. Administration.

(a) Code administratorAdministration. The Administrator is authorized to process applications for permits and variances, hold public hearings as required, and enforce and carry out all provisions of this code. The Administrator is authorized to promulgate procedures consistent with this function and with this code.

(a) The Director is authorized to process applications for permits. The administratorDirector is empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the city for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.

(b) Permit required. Except as otherwise provided in this code, it shall be unlawful for any person to erect, construct, enlarge, move, or convert any sign or cause the same to be done, without first obtaining a sign permit as required by this code. No permit is required for the maintenance of a sign or for a change of copy or painted, printed, or changeable copy signs. Repair of a sign not involving structural changes shall also be exempt. Change of the plastic face will be exempt if due to breakage and/or deterioration of the face, but a change because of a new or different advertiser is not exempt.

An electrical permit is required for all signs having electrical components.

(c) Application for permit. Application for a permit for the erection, alteration, or relocation of a sign shall be made to the AdministratorDirector upon a form provided by the administratorDirector and shall include the following information:

(1) Name and address of owner of the sign.

(2) Name and address of owner or the person in possession of

the premises.

(3) Address of the proposed site.

(4) The type of sign and sign structure in accordance with this chapter.

(5) A site plan showing the proposed location of the sign along

with the locations and square footage area of all existing signs on the same premises.

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(6) Specifications and scale drawings showing the materials,

design, dimensions, structural supports, and electrical components of the proposed sign.

(7) Verification and/or certification that applicant represents the

owner of lot or person in possession of the premises.

(d) Permit fee. All applications for permits filed with the AdministratorDirector shall be accompanied by a payment of the permit fee before a determination of issuance is made. The fee shall be fifty cents ($0.50) per square foot of the sign area. The fee shall not be less than twenty-five dollars ($25.00). The square footage for an individual letter sign shall be the copy area.

Electrical - An electrical permit is required for all signs utilizing electrical power. The permit fee is sixteen dollars ($16.00).

The permit fee for a temporary sign upon proper application is twenty dollars ($20.00). The temporary permit fee for religious and public bodies is hereby waived.

(e) Issuance and denial. The administratorDirector shall grant or deny a permit for the erection, alteration, or relocation of a sign within five (5) working days of receipt of a valid and complete application including the paid fee, provided the proposed sign complies with all applicable laws and regulations of the city. When a matter of interpretation arises, the more specific definition or higher standard shall prevail.

When the permit is denied by the administratorDirector, written notice of the denial with the reasons shall be forwarded to the applicant.

The administratorDirector may, in writing, suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application or if the sign is not placed according to the site plan submitted.

No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign or shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.

(f) Permit conditions and penalties. A permit issued by the AdministratorDirector becomes null and void if work does not commence within sixty (60) days of issuance. If work authorized by the permit is suspended or abandoned for thirty (30) days, the permit must be renewed with an additional payment of one-half of the original fee.

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If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be tripled. However, payment of the tripled fee shall not relieve any person of any other requirements or penalties prescribed in this chapter.

If an electrical permit is not obtained prior to installing electricity to a sign, then the administratorDirector shall stop the installation activity of the sign and the permit fee shall be tripled. If the administratorDirector suspends or revokes an issued permit for reason, then the reissued fee will be tripled.

(g) Inspections. Any person installing, altering or relocating a sign for which a permit has been issued shall notify the AdministratorDirector upon completion of the work. A freestanding sign shall be inspected after the post hole(s) has been dug and prior to the erection of the pole and sign. The pole and sign will be inspected in relationship to the approved permit application. The Electrical Inspector shall inspect the sign after all electrical work is completed. The administratorDirector shall also conduct a final inspection.

The administratorDirector may require in writing upon issuance of a permit that he be notified for inspection prior to installation of certain signs.

(h) Procedure for variances. (1) Variance. A request for a variance of the sign regulations

shall be submitted to the Administrator on forms provided by the aAdministrator. The application fee for a variance shall be thirty dollars ($30.00). The aAdministrator shall forward all information to the zoning board of appeals, which shall hold a public hearing on the application at a regularly scheduled or special meeting. Notice of the time and place of the hearing together with a brief description of the subject matter shall be published one time not more than thirty (30) nor less than fifteen (15) days prior to the hearing in a newspaper of general circulation in the city. Variations from the regulations of this Title shall be granted by the zoning board of appeals only in accordance with the standards established in this section, and may be granted only in the following instances, and in no others:

(a) To permit a setback of less than ten (10) feet from the

property line;

(b) To permit an increase in the height of a sign of not more than forty (40) percent of the maximum permitted under the applicable regulation; and

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(c) To permit an increase in the area of a wall or

freestanding sign of not more than twenty five (25) percent of the maximum permitted under the applicable regulation.

(2) Standards for variations. The zoning board of appeals shall

not vary the regulations of this sign code, as authorized in this section, unless it shall make findings based upon the evidence presented to it in each specific case that:

(a) Because of the particular physical surroundings,

shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

(b) The conditions upon which a petition for a variation is

based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;

(c) The purpose of the variation is not based exclusively

upon a desire to make more money out of the property;

(d) The alleged difficulty or hardship is caused by this

code and has not been created by any persons presently having an interest in the property;

(e) The granting of the variation will not be detrimental to

the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

(f) The proposed variation will not impair an adequate

supply of light and air to adjacent property, or substantially increase the congestion of the public street, or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section,

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to reduce or minimize the effect of such variation upon other properties in the neighborhood, and to better carry out the general intent of this Title.

The same application for a variance may not be resubmitted within six (6) months of the zoning board of appeals' decision unless in the judgment of the aAdministrator the original application has been substantially amended.

(i) Bond and certificate of insurance. No permit for a sign being installed by a sign company shall be issued to any person for the purpose of erecting an authorized sign unless the company has on file with the city a bond in the amount of five thousand dollars ($5,000.00). The bond is conditioned upon the proper installation of the sign and payment of all fees and/or penalties as implemented by this code. A company that is engaged in the business of signs shall provide to the city a certificate of insurance for liability in the amount of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence and one hundred thousand dollars ($100,000.00) for property damage.

(j) Interpretation. Whenever the requirements of this code fail to apply to a unique situation, or a situation arises which is not covered by this code, the aAdministrator shall have the authority to interpret the code, provided no sign shall be permitted which does not meet the intent and purpose of this code.

4-7-5. General provisions.

It shall be unlawful for any person to erect, place or maintain a sign in the city or to permit a sign to remain on property which such person controls or has an ownership interest in, except in accordance with the provisions of this code.

(a) Signs prohibited. The following types of signs are prohibited in all zoning districts (except as otherwise permitted in this Code):

(1) Abandoned signs.

(2) Banners, pennants, festoons, searchlights (except as

otherwise permitted by sections 6(d) and (e) and sections 8(d) and (e) of this chapter).

(3) Flags other than those of any nation, state, political

subdivision or corporation.

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(4) Signs attached or printed on trees, utility poles, public benches, streetlights or placed on any public property or public right-of-way except as otherwise permitted in this chapter.

(5) Signs imitating or resembling official traffic or government

signs or signals.

(6) Signs placed on or over public rights of way (except as may be permitted)

(7) Sandwich board signs, sidewalk or curb signs, balloons or

other gas-filled fixtures, swinging signs and A-frame signs (except as may be permitted).

(8) Signs placed on vehicles or trailers which are parked or

located for the primary purpose of displaying said sign. (This does not apply to allowed portable signs or to signs or lettering on buses, taxis or vehicles operating during the normal course of business.)

(9) Signs that contain statements, words, or pictures of an

obscene, pornographic or immoral character, or which contain advertising matter which is untruthful.

(10) Portable signs.

(11) Garage (yard) sale or rummage sale signs posted in excess

of the five (5) day limitation.

(12) Signs erected in such a manner as to obstruct the line of sight of traffic or traffic lights at intersections.

(13) Signs that interfere with the proper and convenient

protection of persons or property by the police or fire department.

(b) Exempt signs. The following types of signs are exempt from permit requirements providing any and all requirements stated herein have been met, and further providing the signs are in conformance with all other requirements of this Code. Artificial light sources incorporated internally or externally for the purpose of illuminating an exempt sign are prohibited. Except as otherwise hereinafter set forth, the area of exempt signs shall not exceed five (5) square feet when located in residential zoning districts or thirty-two (32) square feet when located in business and manufacturing zoning districts; provided, however, that the area of exempt signs shall not exceed five (5) square feet when located on premises which lie in

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business or manufacturing zoning districts, but contain a single-family or multi-family residential dwelling. (1) Construction signs shall not be erected more than thirty (30)

days prior to the beginning of construction for which a valid building permit has been issued, shall be confined to the site of construction, and shall be removed thirty (30) days after completion of construction prior to occupancy.

(2) Directional/information signs located entirely on the property

to which they pertain not exceeding four (4) square feet and an overall height of three (3) feet such as identifying restrooms, public telephones, and walkways, parking lot entrances and exits.

(3) Signs identifying parking lot entrances and exits which are:

a. Located entirely on the property to which they pertain;

b. Are at least one foot from the property line(s); and

c. Have an area not exceeding four (4) square feet and

an overall height of three (3) feet.

(4) The flags, emblems or insignia of any nation or political subdivision or corporate flag.

(5) Governmental signs or notices to include traffic, street,

danger, railroad crossing, and public service signs.

(6) Holiday or special events decorations.

(7) House numbers and name plates not exceeding two (2) square feet in area for each residential unit.

(8) Interior signs not seen from the public right-of-way. This

does not exempt them from other required permits as specified in the city Code.

(9) Memorial signs, tablets or corner stones identifying buildings

and date of construction provided said sign, tablet or corner stone is part of the building.

(10) No Trespassing or No Dumping signs that are limited to one

and one-half (1 1/2) square feet in area per sign, with no more than one sign per 250 linear feet of perimeter of the

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posted property except with special permission of the AdministratorDirector.

(11) Official public notices posted by public offices or employees

in the performance of their duties. (12) One political sign per candidate or issue in any local, state or

national election per lot. Political signs may be placed only on private property and only with permission of the landowner or person in control of said property. All political signs must be removed within seven (7) days after the election.

(13) Bulletin boards are permitted in connection with public

buildings, schools, medical facilities or religious institutions. Such signs shall be solely for the purposes of displaying the name of the building and its activity or services.

(14) Real estate signs: a. One (1) on-premises sign adjacent to each street

fronting on any lot advertising the rent, sale or lease of the land or building upon which such sign is located provided the sign is not directly illuminated and is removed within seven (7) days after the sale, rental or lease of the property.

b. Not more than three off-premises directional signs

advertising the rent, sale or lease of a given parcel of land or a given building provided that the signs are not directly illuminated and are removed within seven (7) days after the sale, rental or lease of the property.

(15) Symbols or insignia of religious institutions or

commemorative plaques or recognized historical agencies. Also included are identification emblems of religious orders or historical agencies.

(16) Signs warning the public of the existence of danger that do

not contain advertising material.

(17) Temporary window signs in business and manufacturing zone districts, provided that they do not exist for more than thirty (30) days.

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(18) One projecting pedestrian sign per premises in business and manufacturing districts provided such sign is no larger than four (4) square feet in area.

(19) Signs regarding trading stamps, credit cards or trade

affiliations when incidental to other signage on the property in the manufacturing and business zoning districts.

(20) Garage, yard or rummage sale signs not exceeding two (2)

square feet and which are not posted for more than five (5) days.

(21) Signs, provided by the chief of police, regulating soliciting.

(22) Signs for special events. Temporary off-premises signs are allowed in conjunction with the following special events:

a. Religious, civic, political or charitable events or

projects or a series of such events or projects.

b. Signs allowed for such events or projects shall be in place no more than thirty (30) days prior to the advertised event or project or thirty (30) days prior to the initial event or project in a series of events or projects. Such signs shall be removed within seven (7) days after the conclusion of the event or project or in the case of signs advertising a series of such events or projects, within seven (7) days after the conclusion of the final event or project in the series.

4-7-7. Off-premises signs.

No off-premises sign shall be erected in the city without a permit. The off-premises sign permit shall be granted only after approval by the City Council subsequent to receipt of a recommendation from the zoning board of appeals following a hearing for special use as provided in Title 5 of this Code.

(a) Procedure for obtaining off-premises sign permit. A person

wishing to erect an off-premises sign within the city shall make application for a permit to the aAdministrator on forms provided by the aAdministrator. The combined permit and special use fee for an off-premises sign shall be one hundred fifty dollars ($150.00). The Administrator shall forward the application to the zoning board of appeals, which shall hold a public hearing on the application at a regularly scheduled or special meeting. Notice of the time and place

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of the hearing together with a brief description of the subject matter shall be published one time not more than thirty (30) nor less than fifteen (15) days prior to the hearing in a newspaper of general circulation in the city. Following the public hearing, the Zoning Board of Appeals shall forward its recommendation on the application to the City Council for final action.

(b) Procedure for obtaining permit to apply automatic

changeable technology to an existing, legal off-premise sign. A person wishing to add automatic changeable technology to an existing, legal off-premise sign with the city shall make application for a permit to the aAdministrator on forms provided by the administrator. The permit fee automatic changeable technology shall be one hundred fifty dollars ($150.00). The aAdministrator shall confirm that the off-premise sign in question is legal, that the proposed automatic changeable technology conforms to the provisions of 4-7-7(c)(7) and, if so, issue a permit.

(c) Standards for off-premises signs. In addition to the

applicable construction standards in subsection 4-7-9(b) and the zoning regulations found at Title 5 of this Code, the zoning board of appeals shall determine if the off-premises sign meets the following requirements of this section:

(1) The special use standards as provided in subsection

5-11-10(f) shall be met. (2) All off-premises signs shall be freestanding.

(3) No sign may be erected which exceeds 150 square

feet in sign area, 10 feet in height and 15 feet in length, including border and trim, but excluding ornamental base or apron, supports and other structural members. The maximum size limitation shall apply to each side of the sign or sign structure. A maximum of 2 signs may be erected on a facing, in which event the facing shall be deemed to be one sign, the size of which may not exceed the dimensions listed in this section. Signs may be double-faced or be placed back-to-back or V-type. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign.

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(4) No off-premises sign shall be closer than one thousand (1,000) feet to another off-premises sign or to any school, park, church or other place of worship.

(5) In accordance with subsection 5-11-10(e) of this

Code, whenever the Zoning Board of Appeals shall recommend a special use permit for an off-premises sign, it shall condition such special use permit on the inclusion of adequate landscaping and an adequate program to maintain such landscaping, unless it finds landscaping wholly inappropriate because of the location of the off-premises sign.

(6) The granting of the permit is otherwise in the best

interests of the health, safety and welfare of the City's residents.

(7) If the sign uses or incorporates automatic changeable

technology, the sign shall be subject to the following additional restrictions:

a. The sign shall not be located within 150 feet of

an existing residentially-used lot unless all parts of the changeable copy sign are oriented so that no portion of the sign face is visible from an existing or permitted principal structure on that lot;

b. No audio speakers or pyrotechnics shall be

used or associated with the sign; c. The sign shall contain a light detector or

photocell by which the sign’s brightness can be dimmed when ambient light conditions darken;

d. The sign display shall not incorporate video,

motion pictures, or intensely flashing or scintillating lights, provided scrolling or animated copy shall be permissible where not elsewhere prohibited by law.

(d) Scenic areas. No off-premises sign shall be erected in any

of the following designated scenic areas.

(1) The area bounded by Illinois Route 24 on the north; the municipal boundary on the west; U.S. Interstate 74 on the south; and a line running parallel and 2,000

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feet east of the center of Illinois Route 116 on the east.

(2) The area bounded by U.S. Interstate 74 on the east;

the Industrial Spur on the south; West Washington Street and the Robert Michel Bridge on the west; and the municipal boundaries on the north.

(e) Co-location on adjoining premises. Any of the provisions of

subsections (c) and (d) of this section 7 to the contrary notwithstanding, an off-premises sign may be located in the B-1, B-2, B-3, M-1 and M-2 zoning districts, but only if all of the following conditions are met:

(1) The off-premises sign is located on premises adjacent

to the premises being advertised by the off-premises sign.

(2) The off-premises sign is located on the same sign

structure as an on-premises sign located on the adjacent premises, thereby eliminating the need for a separate sign structure to support the off-premises sign.

(3) The sign structure for the on-premises sign which will

serve as the sign structure for the co-located off- premises sign has a height in excess of 35’ and has been lawfully erected.

(4) The area of the off-premises sign does not exceed the

authorized maximum area for an on-premises sign at the proposed location of the off-premises sign.

(5) The co-location has been authorized as a special use

in accordance with the procedure set forth at subsection (a) of this section 7.

(f) Changeable copy signs along Interstate Route 74. Off-

premises changeable copy signs may be located adjacent to Interstate Route 74 provided that all of the following conditions are met:

(1) Any property line of the parcel upon which the sign is

located lies within two hundred (200) feet of the right of way line of Interstate Route 74.

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(2) The copy area of any sign face does not exceed 672 square feet.

(3) Total structure height not to exceed 50 feet at top of

the sign.

(4) Such other limitations or conditions as are deemed necessary to minimize the adverse impact of the sign on either the public health, safety and welfare or on the quiet enjoyment of nearby property.

(5) The sign must comply with any and all standards

imposed by the City Code which are not inconsistent with the conditions imposed by this subsection (e).

(g) Permitted Special Off-Premises Signs. Any other provisions

of the City Code to the contrary notwithstanding, special off-premises signs may be placed at the following locations and constructed in accordance with the following specifications:

(1) One sign may be placed on property located to the

southwest of Camp Street between the Camp Street right-of-way and the Farm Creek channel and located to the southeast of Clock Tower Drive right-of way within a distance of and not more than one hundred (100) feet from the Clock Tower Drive right-of way (being the intersection of Clock Tower Drive and Camp Street);


southwest of Camp Street between the Camp Street right-of-way and the Farm Creek channel and located to the southeast of Altorfer Drive right-of way within a distance of and not more than one hundred (100) feet from the Altorfer Drive right-of way (being the intersection of Altorfer Drive and Camp Street); and


southwest of the Interstate 74 right-of-way along the northwest side of Altorfer Drive within a distance of and not more than one hundred ten (110) feet from the Interstate 74 right-of way.

(4) The special off-premises signs authorized by this

subsection (g) shall be subject to the following specifications and restrictions:

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a. The area of each such sign shall not exceed four hundred (400) square feet.

b. The height of each such sign shall not exceed

seventy (70) feet. c. Such signs may be double-faced.

d. Such signs shall advertise only retailers

operating within the Target Area Business District designated by Ordinance No. 4022 and/or the Costco Area Business District designated by Ordinance No. 4024.

e. The design of each such sign must be

approved by the City’s Design Review Committee.

4-7-8. Temporary signs.

(a) Issuance of permit fee. The administratorDirector may issue, upon proper application and payment of a twenty-five dollar ($25.00) fee, permits for temporary signs as defined in this section. The permit fees for religious and public bodies are hereby waived.

(b) Temporary signs for special events. Temporary signs, banners, flags or pennants are allowed in conjunction with the following:

(1) Religious, civic, political or charitable events and projects.

(2) The grand opening of any private business, provided that

application is made within forty five (45) days of the business opening.

The temporary sign permit for the above named events or projects shall be valid for no more than thirty (30) consecutive days. Such permits are not renewable.

(c) Temporary signs for real estate developments. Temporary signs for the marketing of lots in a newly opened subdivision, or subdivision phase, or for commercial or industrial sites and spaces are allowed subject to the following conditions:

(1) Such permits to be issued for a period of one year for a

specific property or subdivision phase. Permits may be renewed annually.

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(2) No more than one temporary sign per subject property. The sign shall be on-premises.

(3) Such temporary signs shall not exceed sixty four (64) square

feet in size.

(4) In a subdivision such signs shall be removed when seventy five (75) percent of the lots in the subdivision or subdivision phase are sold.

(d) Temporary use of searchlight for the East Peoria Festival of Lights Parade. Temporary use of a searchlight in connection with the East Peoria Festival of Lights Parade is allowed subject to the following conditions:

(1) No more than one permit for temporary use of a searchlight

in connection with the East Peoria Festival of Lights Parade shall be issued per year; provided, this section shall not be construed to require the issuance of such a permit.

(2) A searchlight may be operated pursuant to this section up to

two (2) weeks prior to the scheduled date of the parade, but once operated must be operated for each and every successive night thereafter until and including the scheduled date of the parade.

(3) The issuance of the permit shall be subject to such time,

place and manner restrictions as the administratorDirector in his discretion shall deem appropriate.

(e) Placement of pole banners. Temporary pole banners placed by

the City or with the consent of the City which pole banners celebrate and promote the East Peoria Community, civic organizations or public events subject to the following conditions: (1) A minimum of 65% of the area of the pole banner sign must

be dedicated to artwork or text which is consistent with the purposes for which pole banners may be displayed.

(2) Advertising limited to the business name of the sponsor, the

sponsor’s logo, the year in which the sponsor was established and the sponsor’s web address shall not exceed 35% of the area of the pole banner sign.

(3) No permit shall be required for pole banners displayed by

the City.

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(4) The City may at its discretion enter into contracts with persons which authorize such persons to display pole banners which comply with the terms and conditions of this section. Any such contract may provide for the waiver of the permit fee otherwise required for temporary signs. Only one application and one permit shall be required for any number of substantially identical pole banners.

(5) The issuance of a permit for one or more pole banners shall

be subject to such time, place and manner restrictions as the administrator Director in his discretion shall deem appropriate given the purpose and content of the pole banners.

(f) Conformance with codes. Except as otherwise provided in this section, such temporary signs shall comply with all applicable city codes.

4-7-10. Maintenance, repair, penalties.

(a) Maintenance. Every sign in the city, including those for which no permit is required, shall be maintained in good structural condition at all times, including the replacement of defective parts, painting, cleaning and other acts required for proper maintenance. A sign which is not maintained in good structural condition shall be considered an illegal sign.

(b) Illegal signs. It is hereby declared to be a violation of this Code for any person to allow the existence of an illegal sign on property under his ownership or control.

The administratorDirector may, after inspection, declare a sign to be illegal and shall provide notice, in writing, to the owner and/or other person in control of the premises on which the illegal sign is located. The notice shall describe the sign and state the reasons for his declaration. The person to whom the notice is sent shall be given not less than twenty four (24) hours nor more than thirty (30) days in which to remove or repair the sign. Said notice may be delivered either by personal service or by certified mail.

(c) Nonconforming signs. After the enactment of this Code, the administratorDirector shall, from time to time, survey the city for nonconforming signs. Upon determination that a sign is nonconforming, the AdministratorDirector may notify the owner of the property on which the sign is located of his determination and reasons therefor. Part of this notification may order the owner to remove the sign or make it conforming within two (2) years of the date of receipt of such notice. Such notice will be sent by certified mail, return receipt requested. Failure to remove the

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sign or make it conforming shall be deemed to be a violation of this Code, and the penalties of subsection 4-7-10(E) shall apply.

(d) Removal of illegal or nonconforming signs. If the owner and/or other person in control of the premises fails to comply with any notice to repair or remove served as herein provided, the AdministratorDirector is hereby authorized to cause removal of said sign and any cost or expense incidental thereto shall be paid by the owner and/or other person in control of the premises on which said sign is located. Such costs if not reimbursed, shall constitute a lien against the premises upon which the sign is located.

(e) Penalties. The violation of or failure to comply with any of the provisions of this Code is declared to be a misdemeanor. Any person violating any provision of this sign code, shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation continues shall be deemed a separate offense.

4-7-11. Outdoor advertisers. (a) Posting advertisements on illegal structures. No person shall

post or maintain any advertisement or signs on any billboard or signpost which does not fully conform to all the provisions of Chapter 4, Section 7 of the city code and all other ordinances of the city affecting the erection or maintenance of structures.

(b) Billposting, etc., without consent of owner, etc., of premises. No

person shall, without the consent of the owner or occupant of the premises, post, stick or place any handbill, showbill, placard or notice upon any building, wall, fence or tree box.

(c) Duties.

(1) It shall be unlawful for any person engaged in the business

of outdoor advertising to permit any refuse resulting from the erection or maintenance of any signs, display boards or billboards erected or maintained by such licensee to accumulate anywhere in the city, except by placing it in properly established and maintained refuse receptacles. It shall be unlawful to permit any loose or flapping combustible materials to hang from or to be attached to any billboard or signboard or other place used for display or advertising purposes. All refuse resulting from the operation of the business of any outdoor advertiser must be carefully gathered up and disposed of.

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(2) In connection with weeds, etc. It shall be the duty of every outdoor advertiser to keep all grass and weeds and other growths, excepting trees and ornamental shrubbery, cut down so the same shall not grow to a greater length then ten inches, within six feet of any billboard or signboard used by such licensee; provided, that this obligation shall extend only to property controlled by the licensee.

(d) Identification of licensee on advertisements. It shall be unlawful for any outdoor advertiser to carry on his business unless the name of such advertiser is attached, displayed or printed on all billboards or signboards used by such advertiser or in any notice, placard or advertisement posted by him, in such lettering so as to be visible from a distance of at least five feet from the notice or advertisement.

(e) Article not applicable to official notices. The provisions of this article shall not apply to the posting of signs or notices by order of any court or any public officer in the performance of his duty.

(f) License required. It shall be unlawful for any outdoor advertiser to engage in or do the business of outdoor advertising in the city, without having first obtained a license therefor; provided, that no license issued under this subsection shall be construed so as to permit the use of any structures, natural or artificial, for advertising purposes, which are located in any public street, sidewalk, alley or other place in the city.

(g) Application. Applicants for the license required by this subsection shall be filed with the administratorDirector and shall be accompanied by a list of all places, including billboards or signboards or natural structures, contemplated to be used or on which it is intended to place signs or advertisements. This list shall be added to from time to time by the licensee as the right to post or place advertisements or signs on additional places is acquired.

(h) Fees. The annual license fee for the license required by this

division shall be $150.00 for each off-premise sign used or maintained by the licensee within the City’s corporate limits. Nothing in this subsection shall be construed as requiring payment of an annual license fee for any on-premises sign. Nothing in this subsection shall be construed as requiring payment of any annual fee for any off-premises sign which is permitted and lawful under subsection 4-7-7(e) of this Code, and which is located on premises adjacent to the premises being advertised by the off-premises sign. Each application for a license as an outdoor advertiser contemplated by this section shall be accompanied by a statement under oath of the number of signs used by the applicant in the city for such outdoor advertising. The annual license fee shall be due and payable on January 1 of each year.

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Section 26. Title 4, Chapter 8, Section 1.5 of the East Peoria City Code is hereby amended as follows (additions indicated by underline, and deletions by strikeout): 4-8-1.5. Right of city inspectors to enter buildings.

The director of city buildings and inspections and his authorized agents, in performing their duties under this chapter, shall have the power of entry into dwellings, dwelling units and rooming units given them under section 1-4-5.10 4-1-4.4 of this Code.

Section 27. Title 4, Chapter 9, Section 2 of the East Peoria City Code is hereby amended to read as follows (additions indicated by underline, and deletions by strikeout): 4-9-2. Permits required.

(a) No person shall construct a public, below ground or above ground swimming pool or make any major alteration, addition, remodeling or other improvement at an existing swimming pool without having first obtained a permit from the Department of Planning & Community Development Buildings and Inspections. (b) No department of the city charged with the issuance of permits for building, plumbing or electrical work, for sewer connections or for other work in connection with the construction of a swimming pool shall approve any permit therefor until all drawings and plans for the construction, alteration or installation of such swimming pool shall be first submitted.

(c) Such plans and specifications will be reviewed by the Department of Planning & Community Development Buildings and Inspections to determine whether they comply with the provisions of this chapter.

(d) Application for a permit shall be in writing on a form prescribed by the director of city inspections. Such application shall contain such information as shall be required by the various inspectors for a proper understanding of the proposed work.

Section 28. The following provisions of Title 4, Chapter 10 of the East Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Those sections of Title 4, Chapter 10 not amended herein remain unchanged and in full force and effect: 4-10-1. Purpose of building board of appeals.

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Each owner, occupant, operator or agent who is affected by the Building Code, including Chapter 5, Plumbing Regulations and Chapter 6, Electrical Regulations, of this Title, shall have the right to appeal from the decisions of the building inspector, the electrical inspector and the plumbing inspector made pursuant to this Code. All appeals shall be made to the Building Board of Appeals of the City of East Peoria as hereinafter constituted and within fifteen (15)ten (10) days after receipt of notice of the decision of the building inspector, electrical inspector or plumbing inspector

4-10-2. is hereby deleted in its entirety. 4-10-3. is hereby deleted in its entirety. 4-10-7. Review of decisions of board.

No matter heard by the board and upon which a decision has been rendered once shall be again reviewed by the board. Decisions of the board are final and reviewable pursuant to the Administrative Review Act, Illinois Revised Statutes,(735 ILCS 5/3-101 et seq.) as amended.

4-10-9. When appeal filed; records.

An appeal may be taken within fifteen (15)ten (10) days from the date of the decision appealed from by filing with the director of city buildings and inspections and with the board of appeals a notice of appeal, specifying the grounds thereof. The director of city buildings and inspections shall forthwith transmit to the board of appeals all the papers upon which the action appealed from was taken.

4-10-10. Hearing and decision.

(a) The board of appeals shall in every case hold a hearing and reach a decision without unreasonable or unnecessary delay.

(b) Every decision of the board shall be in writing and shall

indicate the vote upon the decision. Every decision shall be promptly filed in the office of the director of city buildings and inspections. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Director for two (2) weeks after filing. All decisions shall require an affirmative vote of four (4) members of the board.

(c) If a decision of the board reverses the order of the building

inspector, he shall take action immediately in accordance with such

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decision.If a decision of the board reverses or modifies a refusal, order, or disallowance of the director, or varies the application of any provision of this Code, the director shall take action immediately in accordance with such decision.

4-10-11. Violations; filing a complaint. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the director of city Ibuildings and inspections. The director of city buildings and inspections shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.


4-13-4. Building official.

The Director of Buildings and InspectionsPlanning and Zoning for the City shall be responsible for the general administration of this chapter and ensure that all development activities within the floodplains under the jurisdiction of the City meet the requirements of this chapter. Specifically, the aforesaid director shall:

(a) Process development permits in accordance with Section 5

of this chapter;

(b) Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of Section 6 of this chapter;

(c) Ensure that the building protection requirements for all

buildings subject to Section 7 of this chapter are met and maintain a record of the “as-built” elevation of the lowest floor (including basement) or floodproof certificate;

(d) Assure that all subdivisions and annexations meet the

requirements of Section 8 of this chapter;

(e) Ensure that water supply and waste disposal systems meet the public health standards of Section 9 of this chapter;

(f) If a variance is requested, ensure that the requirements of

Section 10 of this chapter are met and maintain documentation of any variances granted;

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(gd) Inspect all development projects and take any and all actions

outlined in Section 12 of this chapter as necessary to ensure compliance with this chapter;

(he) Assure that applicants are aware of and obtain any and all

other required local, state, and federal permits;

(i) Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a water course;

(jf) Provide information and assistance to citizens upon request

about permit procedures and floodplain construction techniques;

(k) Cooperate with state and federal floodplain management

agencies to coordinate base flood data and to improve the administration of this chapter;

(l) Maintain for public inspection base flood data, floodplain

maps, copies of state and federal permits, and documentation of compliance for development activities subject to this chapter;

(mg) Perform site inspections and make substantial damage

determinations for structures within the floodplain; and

(n) Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within 6 months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.

Section 30. Title 7, Chapter 3, Section 11.2 of the East Peoria City Code is hereby amended to read as follows (additions indicated by underline, and deletions by strikeout): 7-3-11.2. Notice to abate weeds from lots with occupied structures.

(a) Whenever the owner or person in control of a parcel of land with an occupied structure fails to cut or destroy any weeds, annual plants or grasses over ten (10) inches in height or length, the director of planning and zoning buildings and inspections may cause the service, upon such owner or person, of a notice to abate a violation of weeds, annual plants or grasses.

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(b) Notice to abate shall be given to the property owner or legal occupant by personal service, by certified mail, or by posting a sign regarding the violation on the premises of the property in violationthe Notice in a conspicuous location on the property. The text of the Notice shall contain a reference to the provision of the City Code alleged to have been violated, and may contain such other information with respect to the nature of the violation as the Director deems advisable. (1) Personal service may be obtained through delivery of the

notice by a city employee or any person authorized by law to make personal service;

(2) Service may be obtained by certified mail addressed to the

residence or usual place of business of the owner or person in control of the property; or

(3) Service by posting may be obtained by posting a sign in a

conspicuous place near the main entrance of a structure on the property. The posted sign shall be at least fourteen (14) inches in height and eight (8) inches in width and at the top thereof in large letters shall state the words “notice to abate.” The text of the notice shall contain a reference to the provision of the city Code violated and may contain such other information respecting the nature of the violation as the department of planning and zoning deems advisable. It shall be unlawful for anyone to deface, tamper with or remove the “notice to abate” sign from the property where it is posted unless authorized by the director of planning and zoningbuildings and inspections.

(c) If seven (7) days have passed since the personal service,

mailing, or posting of the Notice, and the owner or legal occupant of the property fails to remove the weeds, plants, or grasses and bring the property into compliance with this Section, a summons shall be issued to such individuals to appear before an Administrative Hearing Officer, in accordance with the provisions of Chapter 11 of Title 1 of this Code. Service of summons shall be by; (1) personal service, or (2) certified mail and posting the summons in a conspicuous place on the property.

(c)(d) The director of planning and zoningbuildings and inspections may cause the cutting or destruction of such weeds, annual plants or grasses under the following circumstances: (1) Upon the failure of the owner or persons in control to comply

with a notice to cut weeds, annual plants or grasses from lots with occupied structures within five (5) days from the date of the service of the notice to abate by personal service,

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certified mail or posting.upon issuance of a ruling by the Administrative Hearing Officer, pursuant to a written finding, decision, and order finding the owner or legal occupant of the property in violation of this Section

(2)(e) Notwithstanding the foregoing, Wwhenever the owner or person in controllegal occupant of any parcel of land permits the presence thereon of weeds, annual plants or grasses over ten (10) inches in length or height after having previously failed to comply with a notice to cut weeds within the same calendar yearbeen found in violation of this Section by an Administrative Hearing Officer within the same calendar year, no seven (7) day notice will be issued for subsequent violations. prior to the issuance of a summons to appear before the Administrative Hearing Officer.

Section 31. The following provisions of Title 7, Chapter 3 of the East Peoria City Code are hereby amended as follows (additions indicated by underline, and deletions by strikeout). Those sections of Title 7, Chapter 3 not amended herein remain unchanged and in full force and effect:: 7-3-11.3. Notice to abate weeds on vacant lots and on lots with

unoccupied structures.

(a) The cCity shall cause to be published Iin a newspaper of general circulation within the city limits once each week for two (2) consecutive weeks during the spring and summer monthsin March, April, or May of each year a notice informing all owners and persons in control of any vacant lot or any lot with an unoccupied structure that the growth of weeds, annual plants or grasses on any such lot is contrary to the ordinances of the cCity. The notice shall further Iinform the public that should the weeds, annual plants or grasses ever grow to more than ten (10) inches in length or height, the city may cut the weeds, annual plants or grasses, without further notice and the owner or legal occupant or person In control shall be liable to the cCity for its costs. This notice shall be a display advertisement.

(b) Should weeds, annual plants or grasses on any vacant lot or on any lot with an unoccupied structure ever grow to more than ten (10) inches in length or height, the director of planning and developmentbuildings and inspections shall give notice of the violation by first class mail to the owner or last known taxpayer of the property, or by posting notice on the property in the manner provided for in Section 11.2 above. If the weeds, annual plants, or grasses are not removed or cut within seven (7) days of the mailing or posting of the Notice, the Director may cause the cutting or destruction of such weeds, annual plants or grasses without further notice.

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7-3-11.4. Lien and personal judgment.

(a) The cost of cutting the weeds, annual plants or grasses from private property shall be recoverable from the owner or person in control of the real estate and is a lien thereon. The lien shall be superior to all prior existing liens and encumbrances, except taxes, provided, however, that within sixty (60) daysone (1) year after such cost and expense is incurred the cCity shall file a notice of lien for the cost and expense incurred by the cCity in the office of the Recorder of Deeds of Tazewell County. Upon payment of the cost of cutting the weeds, annual plants and grasses after notice of lien has been filed, the lien shall be released by the city. The lien may be enforced by proceedings to foreclose.

(b) If the cCity's costs for cutting weeds, annual plants or grasses are not paid, the director of planning and developmentbuildings and inspections may commence proceedings in the cCircuit cCourt seeking a personal judgment from the owner or person in control of the subject property. The action authorized by this section shall be in addition to, and without waiver of any other remedies. Section 32. Title 8, Chapter 1, Section 1 of the East Peoria City Code is hereby

amended to read as follows (additions are indicated by underline, deletions by strikeout):

8-1-1. Adoption of International Fire Code, 2012 Edition. (a) “The International Fire Code, 2012 Edition" (the “IFC” or “Fire Prevention Code”) as published by the International Code Council, Inc. is hereby adopted and made applicable within the City of East Peoria, in the State of Illinois. (b) The following sections of the IFC are hereby completed as follows: (1) Section 101.1 insert: “City of East Peoria”.

(2) At Section 109.4 insert “misdemeanor violation of the East Peoria City Code punishable in accordance with the general penalty provisions of the East Peoria City Code” in place of the bracketed material “[SPECIFY OFFENSE]”. Also delete “punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS] or both such fine and imprisonment.”

(3) Section 111.4 is hereby deleted in its entirety and the following is substituted in lieu thereof: “Any person who shall continue any work after having been served with a stop

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work order, except such work as that person is directed to perform to remove a violation or unsafe condition shall be subject to penalties as provided by Section 109.4 of this code.”

(4) Section 5704.2.9.6.1 is hereby completed to read as follows: “in all territory within the corporate limits of the City of East Peoria, Illinois other than those areas of the City assigned to the ‘M2 Manufacturing District, General’ zoning classification.”

(5) Section 5706.2.4.4 is hereby completed to read as follows: “in all territory within the corporate limits of the City of East Peoria, Illinois other than those areas of the City assigned to the ‘M2 Manufacturing District, General’ zoning classification.”

(6) Section 5806.2 is hereby completed to read as follows: “in all territory within the corporate limits of the City of East Peoria, Illinois other than those areas of the City assigned to the ‘M2 Manufacturing District, General’ zoning classification.”

(7) Section 6104.2 is hereby completed to read as follows: “in all territory within the corporate limits of the City of East Peoria, Illinois other than those areas of the City assigned to the ‘M2 Manufacturing District, General’ zoning classification.”

(8) Appendices A, B, C, D, E, F, G, H and I of the Fire Prevention Code are hereby adopted. Appendix J is not adopted.

(c) The “NFPA 101 Life Safety Code, 2012 Edition” as published by the National Fire Protection Association is hereby adopted and made applicable within the City of East Peoria in the State of Illinois. (1) Section 24.3.5.1 pertaining to automatic sprinkler systems in

new one and two family dwellings is hereby deleted. (d) In the event of any inconsistency between the provisions of the IFC, the Life Safety Code or any other provisions of the City Code, including other codes adopted or incorporated by reference by the City Code, the terms of the more stringent code as determined by the Fire Chief in consultation with the Director of the Department of Buildings and Inspections and Facilities of the City shall apply.

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(e) All fire department connections on either sprinklers or standpipes shall meet both of the following specifications: (1) A 5" locking Storz connection. All connections shall be equipped with listed plugs or caps. In the event of a conflict between this subsection (e) and any provision of any other ordinance or code applicable in the City including, without limitation, the IFC or the Building Code, then the provisions of this subsection (e) shall govern.

Section 33. 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 34. 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 35. 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.


APPROVED:

________________________________ Mayor ATTEST: ________________________________


Corporation Counsel

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MEMORANDUM

August 29, 2014

TO: Mayor David W. Mingus and Members of City Council THRU: Tom Brimberry, City Administrator FROM: City Attorney’s Office (Scott A. Brunton) SUBJECT: Ordinance Revising City Code for Legal Use of Medical Cannabis ______________________________________________________________________ DISCUSSION: The Compassionate Use of Medical Cannabis Pilot Program Act became law in Illinois on January 1, 2014. The implementation of this Act has been ongoing since January 1, 2014, as the various State agencies involved in oversight of this Act have been working to develop the numerous administrative procedures and processes related to the cultivation and distribution of medical cannabis. As a result of the legal use of medical cannabis established under this Act, updates of the City’s Misdemeanor Code (Chapter 1 of Title 10) and the City’s Traffic Regulations (Title 11) are necessary. This Ordinance makes these necessary updates to the City Code RECOMMENDATION: Our office recommends the approval of this Ordinance. c: DRT

mcadwalader

Text Box

Ordinance No. 4189

ORDINANCE NO. 4189

AN ORDINANCE AMENDING TITLE 10 and TITLE 11 OF THE EAST PEORIA CITY CODE TO ACCOMMODATE THE USE OF CANNABIS

FOR MEDICAL PURPOSES PURSUANT TO STATE LAW

WHEREAS, the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) (the “Act”), which took effect on January 1, 2014, permits the possession and use of cannabis for medical purposes; and WHEREAS, the Act provides immunity from arrest, prosecution, or civil penalty for the use of medical cannabis by qualifying patients and their designated caregivers in accordance with the Act; and

WHEREAS, the City of East Peoria finds that the provisions of the East Peoria City Code should be amended to provide for the possession and use of medical cannabis in accordance with the Act, and that it is in the interests of the health, safety, and welfare of its residence to do so;

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

Section 1. Title 10, Chapter 1, Section 4.17 of the East Peoria City Code is hereby

amended to read as follows (additions are indicated by underline; deletions by strikeout.): 10-1-4.17 Possession, sale and delivery of cannabis, look-alike

substances, synthetic alternative drugs and drug paraphernalia prohibited.

(a) Definitions: Cannabis. Includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivatives, mixture or preparation of such plant, its seeds or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

Controlled substance. Includes any controlled substance or controlled substance analog as defined in Section 102 of the Illinois Controlled Substances Act (720 ILCS 570/102), as amended from time to time. Deliver or delivery. The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship. Drug paraphernalia. Includes all equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the “Methamphetamine Control and Community Protection Act” (720 ILCS 646/10), which are (i) possessed or intended for use, (ii) being or have been used, or (iii) peculiar to and marketed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body look-alike substances, synthetic alternative drugs, cannabis or a controlled substance in violation of this ordinance, the "Cannabis Control Act" (720 ILCS 550/1 et seq.), the "Illinois Controlled Substances Act" (720 ILCS 570/100 et seq.), or the “Methamphetamine Control and Community Protection Act” (720 ILCS 646/1 et seq.). This includes, but is not limited to, the following: (1) Kits that are (i) possessed or intended for use, (ii) being used

or have been used, or (iii) peculiar to and marketed for use, in manufacturing, compounding, converting, producing, processing or preparing cannabis, controlled substances, look-alike substances, or synthetic alternative drugs;

(2) Isomerization devices that are (i) possessed or intended for

use, (ii) being used or have been used, or (iii) peculiar to and marketed for use, to increase the potency of any species of plant which is cannabis or a controlled substance s, look-alike substances, or synthetic alternative drugs;

(3) Testing equipment that is (i) possessed or intended for use, (ii)

being or has been used, or (iii) peculiar to and marketed, for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances, look-alike substances, or synthetic alternative drugs;

(4) Diluents and adulterants that are (i) possessed or intended for

use, (ii) being used or have been used, or (iii) peculiar to and marketed, for cutting cannabis or a controlled substance s, look-alike substances, or synthetic alternative drugs by private persons;

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(5) Objects that are (i) possessed or intended for use, (ii) being

used or have been used, or (iii) peculiar to and marketed for use, in injecting, ingesting, inhaling, or otherwise introducing look-alike substances, cannabis, cocaine, hashish, hashish oil, or any controlled substance, look-alike substance, or synthetic alternative drug into the human body including, where applicable, the following items:

a. water pipes;

b. carburetion tubes and devices;

c. smoking and carburetion masks;

d. miniature cocaine spoons and cocaine vials;

e. carburetor pipes;

f. electric pipes;

g. air-driven pipes;

h. chillums;

i. bongs;

j. ice pipes or chillers;

(6) Any items whose purpose, as announced or described by the

seller, is for use in violation of this section or the “Drug Paraphernalia Control Act” (720 ILCS 600/1 et seq.).

Look-alike substance. A substance which 1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency or any other identifying physical characteristic of the substance would lead a reasonable person to believe that the substance is cannabis, a controlled substance, or a synthetic alternative drug; or 2) is expressly or impliedly represented to be cannabis, a controlled substance, or a synthetic alternative drug, or distributed under circumstances which would lead a reasonable person to believe that the substance is cannabis, a controlled substance, or a synthetic alternative drug. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be cannabis or a controlled substance under this clause 2, the court or other authority may consider the following factors in addition to any other factor that may be relevant: a) statements made by the owner or person in control of the substance concerning its nature, use or effect; b) statements made to the buyer or recipient that the substance may be resold for profit; c) whether the substance is packaged in the manner normally used for the illegal distribution

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of controlled substances; d) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance. Synthetic alternative drug. A product or substance that contains a synthetic cannabinoid, anesthetic, stimulant, or hallucinogen as those terms are defined herein, including, but not limited to products having the brand name or identifiers like or similar to those listed in Table 10-1-4.17- A, below: (1) Synthetic cannabinoid means any laboratory created or

otherwise man-made compound that functions similar to or mimics the effect of the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist.

(2) Synthetic stimulant means any laboratory-created or otherwise

man-made substance that functions similar to or mimics the effects of any federally controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDMA, including, but not limited to, any such quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) which have a stimulant effect on the central nervous and/or cardiovascular system.

(3) Synthetic hallucinogen any laboratory-created or otherwise

man-made substance that functions similar to or mimics the effects of any federally controlled Schedule I substance that has a psychedelic/hallucinogenic effect on the central nervous system and/or brain, or any other substance having such an effect, including, but not limited to, any such quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers).

(b) Unlawful to possess, sell or deliver. It shall be unlawful for any person to possess, keep for sale, offer for sale, sell, or deliver for any commercial consideration cannabis, a controlled substance, a look-alike substance, a synthetic alternative drug, or drug paraphernalia. (c) Sale or delivery by store declared a nuisance. It shall be unlawful and it is hereby declared to be a nuisance for any store, place or premises to

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keep for sale, offer for sale, sell, or deliver for any commercial consideration any look-alike substance, synthetic alternative drug, or item of drug paraphernalia. (d) Violations: (1) Cannabis. Any person convicted of possessing, keeping for

sale, offering for sale, selling or delivering for commercial consideration less than two and five-tenths (2.5) grams of cannabis shall be punishable by a fine of not less than three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration at least two and five-tenths (2.5) grams but less than ten (10) grams of cannabis shall be punishable by a fine of not less than four hundred dollars ($400.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration at least ten (10) grams but less than thirty (30) grams of cannabis shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration thirty (30) grams or more of cannabis shall be punishable by a fine of seven hundred fifty dollars ($750.00).

(2) Drug paraphernalia. Any person convicted of possessing,

keeping for sale, offering for sale, selling or delivering for commercial consideration drug paraphernalia shall be punished by a fine of not less than three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted of a second or subsequent time for possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration drug paraphernalia shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).

(3) Look-alike substances. Any person convicted of possessing,

keeping for sale, offering for sale, selling or delivering for commercial consideration look-alike substances shall be punished by a fine of not less than three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted a second or subsequent time for possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration look-alike substances

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shall be punished by a fine not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).

(4) Synthetic alternative drugs. Any person convicted of

commercial consideration synthetic alternative drugs shall be punished by a fine of not less than one three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00). Any person convicted a second or subsequent time for possessing, keeping for sale, offering for sale, selling or delivering for commercial consideration synthetic alternative drugs shall be punished by a fine not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).

(e) Exemption. A person charged with violation of this section may assert the following exemptions as an affirmative defense: (1) This Section does not apply to a person who is legally

authorized to possess hypodermic syringes or needles under the “Hypodermic Syringes and Needles Act”.

(2) This Section does not apply to a person or entity who is

authorized to possess, keep for sale, offer for sale, sell, or deliver for any commercial consideration cannabis, a controlled substance, a look-alike substance, synthetic alternative drug, or drug paraphernalia pursuant to the “Illinois Controlled Substances Act” (720 ILCS 570/101, et seq.), the “Compassionate Use of Medical Cannabis Pilot Program Act” (410 ILCS 130/1 et seq.), or another provision of Illinois statute.

(f) Medical use of cannabis. Notwithstanding the foregoing, it shall not be unlawful for any individual who is a registered qualifying patient or a registered designated caregiver, as those terms are defined in the Compassionate Use of Medical Cannabis Pilot Program Act (“Act”) (410 ILCS 130/1 et seq.), to possess cannabis or drug paraphernalia for the purpose of engaging or assisting in the medical use of cannabis, to engage in the medical use of cannabis, or to assist a qualifying patient with the medical use of cannabis in accordance with the provisions of the Act. An individual is presumed to be acting lawfully and in compliance with this Section and the terms of the Act where such individual is in possession of (i) a valid registry identification card, and (ii) no more than 2.5 ounces of cannabis (or such other amount as authorized by the Act). The following activities are also not unlawful under this Section to the extent they are in compliance with the provisions of the Act:

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(1) Selling cannabis paraphernalia to a registered cardholder upon presentation of an unexpired registry identification card in the recipient’s name, if employed and registered as a dispensing agent by a registered dispensing organization;

(2) Being in the presence or vicinity of the lawful medical use of

cannabis; or

(3) Assisting a registered qualifying patient with the act of administering cannabis.

Nothing in this paragraph shall be construed to permit possession or use of cannabis or paraphernalia in a manner prohibited or otherwise inconsistent with this Section or the provisions of the Act, including, but not limited to, possession of an amount of cannabis in excess of 2.5 ounces (or such other amount as authorized by the Act), or the non-medical use or unlawful sharing of cannabis. No medical cannabis cardholder may possess medical cannabis in the passenger area of any motor vehicle except in a sealed, tamper-evident medical cannabis container that is reasonably inaccessible while the vehicle is moving. The use of medical cannabis in any public place within the City of East Peoria is prohibited.

TABLE 10-1-4.17-A

2010 Forest Humus K2 Pink Panties 8-Bali Freedom K2 Sex Aztec Gold Fully Loaded K2 Silver Aztec Midnight Wind Tezcatlipoca Funky Monkey K2 Solid Sex on the Mountain Back Draft Funky Monkey XXXX K2 Standard Bad 2 the Bone G Four K2 Strawberry Banana Cream Nuke G Greenies Caramel Crunch K2 Summit Bayou Blaster Genie K2 Summit Coffee Wonk Black Diamond Gold Spirit Spice K2 Thai Dream Black Magic Salvia Green Monkey Chronic Salvia K2 Ultra Black Mamba Greenies Strawberry K2 Watermelon Blueberry Hayze Heaven Improved K3 Bombay Blue Heavenscent Suave K3 Blueberry Buzz Humboldt Gold K3 Cosmic Blend C3 Jamaican Gold K3 Dusk C4 Herbal Incense Jamaican Gold K Royal K3 Grape Caneff K1 Gravity K3 Heaven Improved Cherry Bomb K1 Orbit K3 Heaven Legal Chill Out K2 K3 Kryptonite Chill X K2 (unknown variety) K3 Legal Chronic Spice K2 Amazonian Shelter K3 Legal-Earth (silver) Citrus K2 Blonde K3 Legal-Original (Black) Colorado Chronic K2 Blue K3 Legal-Sea (silver) DaBlock K2 Blueberry K3 Legal-Sun (Black)

7

Dark Night II K2 Citron K3 Mango Demon K2 Cloud 9 K3 Original Diamond Spirit K2 Kryptonite K3 Original Improved Dragon Spice K2 Latte K3 Strawberry D-Rail K2 Mellon K3 Sun Dream K2 Mint K3 Sun Improved Earthquake K2 Orisha Black Magic Max K3 Sun Legal Eruption Spice K2 Orisha Max K3 XXX Euphoria K2 Orisha Regular K4 Bubble Bubble EX-SES K2 Orisha Super K4 Gold EX-SES Platinum K2 Orisha White Magic Super K4Purple Haze EX-SES Platinum Blueberry K2 Peach K4 Silver EX-SES Platinum Cherry K2 Pina Colada K4 Summit EX-SES Platinum Strawberry K2 Pineapple K4 Summit Remix EX-SES Platinum Vanilla K2 Pineapple Express Kind Spice Fire Bird Ultimate Strength Cinnamon

K2 Pink

Legal Eagle Potpourri Gold Stinger Legal Eagle Apple Pie Pulse Summer Skyy Love Potion 69 Rasta Citrus Spice Super Kush Love Strawberry Rebel Spice Super Summit Magic Dragon Platinum Red Bird Swagger Grape Magic Gold Sl. S Werve SYN Chill Magic Silver Samurai Spirit SYN Incense LemonLime Magic Spice Sativah SYN Incense Smooth Mega Bomb Scope Vanilla SYN Incense Spearmint Mid-Atlantic Exemplar Scope Wildbeny SYN Lemon Lime Mid-Atlantic Exemplar (K2 Summit)

Sence SYN Lemon Lime #2

Midnight Chill Shanti Spice SYN Smooth MNGB Almond/Vanilla Shanti Spice Blueberry SYN Spearmint MNGB Peppermint Silent Black SYN Spearmint #2 MNGB Pinata Colada Skunk SYN Suave MNGB Spearmint Smoke SYN Swagg MNGB Tropical Thunder Smoke Plus SYN Vanilla Moe Joe Fire Space SYN Vanilla #2 Mojo Spice Artic Synergy Texas Gold Mr. Smiley's Spice Diamond Time Warp MTh-787 Spice Gold Tribal Warrior Mystery Spice Silver Ultra Cloud 10 Naughty Nights Spice Tropical Synergy Unknown cigarette New Improved K3 Spicey Regular XXX Blueberry Utopia New Improved K3 Cosmic Blend Spicey Regular XXX Strawberry Utopia-Blue Berry New Improved K3 Dynamite Spicey Ultra Strong XXX

Strawberry Voo Doo Remix (black package)

New Improved K3 Kryptonite Spicey Ultra Strong XXX Vanilla Voo Doo Remix ( orange package)

New K3 Earth Spicey XXX Voodoo Child New K3 Heaven Spicy Ultra Strong XXX Vanilla Voodoo Magic New K3 Improved Spicylicious Voodoo Remix

8

New K3 Sea Improved Spike 99 Who Dat New - on Bomb Nitro Spike 99 Ultra Who Dat Herbal Incense Ocean Blue Spike 99 Ultra Blueberry Wicked X POW Spike 99 Ultra Cherry Winter Boost Wood Stock p.e.p. pourri Love Strawberry Spike 99 Ultra Strawberry XTREME Spice p.e.p. pourri Original Spearmint Spike Diamond Yucatan Fire p.e.p. pourri Twisted Vanilla Spike Gold Yucatan Fire p.e.p. pourri X Blueberry Spike M x Zombie World Paradise Spike Silver Stinger Pink Tiger Spike99 Summer Skyy Potpourri Super Kush


amended to read as follows (additions are indicated by underline; deletions by strikeout.): 11-13-1. Impoundment of motor vehicles used in connection with

illegal activities.

(a) Impoundment. A motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with any of the following violations, or which may jeopardize the public’s safety and safe vehicular movement and in furtherance of public safety or in the exercise by the Police Department of its community caretaker functions, may be subject to tow and impoundment by the City, and the owner of record of said vehicle shall be liable to the City for an administrative and processing fee of $500.00 in addition to any towing and storage fees: (b) Violations:

(1) Operation or use of a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to 720 ILCS 5/36-1 et seq.; or

(2) Driving under the influence of alcohol, other drug or drugs, or

intoxicating compounds, in violation of 625 ILCS 5/11-501 or a similar provision of the City Code; or

(3) Operation or use of a motor vehicle in connection with the

commission or attempted commission of any offense in violation of the provisions of the Illinois Cannabis Control Act, 720 ILCS 550/1 et. seq., provided, however, that no vehicle shall be subject to impound or forfeiture solely for the possession of medical cannabis by a registered qualifying patient or registered designated caregiver, as those terms are defined in the Compassionate use of Medical Cannabis Pilot

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Program Act (410 ILCS 130/1 et seq.), where such possession is in compliance with the provisions of that Act; or


commission or attempted commission of any offense in violation of the Illinois Controlled Substances Act, 720 ILCS 570/100, et. seq.; or

(5) Unlawful use of a weapon in violation of 720 ILCS 5/24-1;

aggravated discharge of a firearm in violation of 720 ILCS 5/24-1.5; and unlawful possession of a firearm and firearm ammunition in violation of 720 ILCS 5/24-3.1; or

(6) Driving while driver’s license, permit or privilege to operate a

motor vehicle is suspended or revoked, the violation of 625 ILCS 5/6-303; except that vehicles shall not be subject to seizure impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emission testing; or

(7) Operation or use of a motor vehicle with an expired driver’s

license in violation of Section 6-101 of the Illinois Vehicle Code, 625 ILCS 5/6-101, where the period of expiration is greater than one (1) year; or

(8) Operation or use of a motor vehicle without ever having been

issued a driver’s license or permit in violation of Section 6-101 of the Illinois Vehicle Code, 625 ILCS 5/6-101, or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age; or

(9) Operation or use a motor vehicle by a person against whom a

warrant has been issued by a Circuit Clerk in Illinois for failing to answer charges that the driver violated the offenses of: driving while license is revoked or suspended, 625 ILCS 5/6-303; operating a motor vehicle without a valid driver’s license, 625 ILCS 5/6-101; and/or driving under the influence of alcohol, other drugs, intoxicating compound(s), or a combination thereof, 625 ILCS 5/11-501; or


commission or attempted commission of any felony offense defined under Chapter 720 of the Illinois Compiled Statutes; or

(11) Fleeing and eluding in violation of 625 ILCS5/11-204 or 625

ILCS 5/11-204.1 or a similar provision of the City Code; or

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(12) Operation or use of a motor vehicle in connection with leaving

the scene of an accident involving personal injury or property damage in violation of 625 ILCS 5/11-401, 625 ILCS 5/11-402 or 625 ILCS 5/11-403 or any similar provisions of the City Code.

Section 3. If any part, provision or provisions of this Ordinance shall be held to be

unconstitutional or otherwise illegal, such unconstitutionality or illegality shall not affect the validity of remaining parts of the Ordinance, and the City hereby declares it would have passed the remaining parts of this Ordinance in any event, had it known that such part, provision, or provisions might be unenforceable because unconstitutional or illegal.

Section 4. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code.

Section 5. This Ordinance is in addition to all other ordinances on the subject and

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

Section 6. This Ordinance shall be in full force and effect from and after its

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


APPROVED: ________________________________

Mayor ATTEST: ________________________________


Corporation Counsel

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