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City Council Packet 2012 09-11-12 C/P United City of Yorkville 4 800 Game Farm Road esr. , 1836 Yorkville, Illinois 60560 o Telephone: 630-553-4350 Imo W e...ry B` Fax: 630-553-7575 <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, September 11, 2012 Call to Order: Pledge of Allegiance: Moment of Silence in remembrance of September 11, 2001. Please remain standing. Roll Call by Clerk: WARD I WARD II WARD III WARD IV Carlo Colosimo Jackie Milschewski Marty Munns Rose Ann Spears Ken Koch Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: Citizen Comments: Consent Agenda: 1. CC 2012-64 Bills for Payment - $636,069.50 Minutes for Approval: 1. CC 2012-65 Minutes of the Committee of the Whole—August 14, 2012 Mayor's Report: Public Works Committee Report: Economic Development Committee Report: 1. EDC 2012-46 Kendall County Revolving Loan Fund Application 2. EDC 2012-47 Economic Incentive Agreement Between United City of Yorkville and Aniri, LLC (Dairy Queen Grill and Chill) 3. EDC 2012-48 Ordinance Directing the Sale of Real Property(111 West Madison Street) 4. EDC 2012-33 Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau (AACVB) Public Safety Committee Report: Administration Committee Report: City Council Meeting September 11, 2012 Page 2 Park Board: Plan Commission: Zoning Board of Appeals: City Council Report: City Clerk's Report: City Treasurer's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES !ADMINISTRATION: September 20, 2012–6:00 p.m.– #y Hall Council Chambers. ----- — --- -------- ----- --------- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Committee: Alderman Munns Administration Committee: Alderman Colosimo Committee: Alderman Koch [CONOMIC DEVELOPMENT: October 2, 2012–7:00 p.m.–City Hall Council Chambers; _____- -- ---------------- Committee Departments Liaisons Chairman: Alderman Munns Community Development Plan Commission Vice-Chairman: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Teeling �UBLIC SAFETY: October 4, 2012–6:30 p.m.=Cites Hall Council Chamber ------------ -------------------------------- -------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Kot School District Committee: Alderman Spears Committee: Alderman Funkhouser PUBLIC WORKS: September 18, 2012–6:00 City Hall Council Chambers -------- ---------- Committee Departments Liaisons Chairman: Alderman Teeling Public Works Park Board Vice-Chairman: Alderman Milschewski Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Koch UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, September 11, 2012 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-64 Bills for Payment - $636,069.50 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-65 Minutes of the Committee of the Whole—August 14, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2012-46 Kendall County Revolving Loan Fund Application ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-47 Dairy Queen Incentive Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2012-48 Ordinance Directing the Sale of Real Property (111 West Madison Street) (Old Jail) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2012-33 Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau(AACVB) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- 0 CITY Reviewed By: Agenda Item Number d Legal ❑ `1 06 Legal CA#1 ESL -� 1836 Engineer ❑ City Administrator ❑ Tracking Number 0 —� Human Resources ❑ �� Community Development ❑ K-44 Police ❑ CC 2012-64 Public Works ❑ Agenda Item Summary Memo Title: Bill Payments - $636,069.50 Meeting and Date: City Council—September 11, 2012 Synopsis: Approval of bill payments. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------------------------------- 513860 AACVB AURORA AREA CONVENTION 073112-ALL 08/28/12 01 ADMIN SERVICES-ALL SEASONS 01-640-54-00-5481 17.19 02 JULY 2012 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 17.19 * 073112-HAMPTON 08/24/12 01 ADMIN SERVICES-HAMPTON INN 01-640-54-00-5481 4,419.02 02 JULY 2012 TAX ** COMMENT ** INVOICE TOTAL: 4,419.02 * 073112-SUPER 08/21/12 01 ADMIN SERVICES-SUPER 8 JULY 01-640-54 00 5481 1,466.49 02 2012 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 1,466.49 * CHECK TOTAL: 5, 902.70 513861 ARAMARK ARAMARK UNIFORM SERVICES 610-7677259 08/21/12 01 STREETS-UNIFORMS 01-410-56-00-5600 35.30 02 WATER OP-UNIFORMS 51-510-56-00-5600 35.31 03 SEWER OP-UNIFORMS 52-520-56-00-5600 35.31 INVOICE TOTAL: 105.92 * 610-7686849 08/28/12 01 STREETS-UNIFORMS 01-410-56--00-5600 19.76 02 WATER OP-UNIFORMS 51-510-56-00-5600 19.76 03 SEWER OP-UNIFORMS 52-520-56-00-5600 19.75 INVOICE TOTAL: 59.27 * CHECK TOTAL: 165.19 513862 BANCAMER BANC OF AMERICA LEASING 012171067-CITY 08/22/12 01 FINANCE-COPIER LEASE 01-120-54-00 5485 143.00 02 ADMIN-COPIER LEASE 01-110-54-00 5485 143.00 03 COMM/DEV-COPIER LEASE O1-220-54-00-5485 273.00 04 POLICE-COPIER LEASE 01-210-54-00-5485 277.00 -1- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------- ------------------------------------------------------------------ 513862 BANCAMER BANC OF AMERICA LEASING 012171067-CITY 08/22/12 05 WATER OP-COPIER LEASE 51-510-54--00-5485 33.00 06 SEWER OP-COPIER LEASE 52-520-54-00-5485 33.00 07 STREETS-COPIER LEASE 01-410-54-00-5485 33.00 INVOICE TOTAL: 935.00 CHECK TOTAL: 935.00 513863 BANKNY THE BANK OF NEW YORK 081412-STREBATE 08/29/12 01 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5492 99,258.19 02 PLACE 2ND QUARTER SALES TAX ** COMMENT ** INVOICE TOTAL: 99,258.19 * CHECK TOTAL: 99,258.19 513864 BEHRD DAVID BEHRENS 073112 07/31/12 01 SEWER OP-PANTS 52-520-56-00-5600 66.32 INVOICE TOTAL: 66.32 * CHECK TOTAL: 66.32 513865 BKFD BRISTOL KENDALL FIRE DEPART. 073112-DEV 08/22/12 01 ESCROW DEPOSIT-MAY, JUNE 95-000-24-00-2452 18,600.00 02 JULY 201.2 DEV. FEES ** COMMENT ** INVOICE TOTAL: 18,600.00 * CHECK TOTAL: 18,600.00 513866 BPAMOCO BP AMOCO OIL COMPANY 35414643 07/24/12 01 POLICE-GASOLINE 01-210-56 00-5695 252.94 INVOICE TOTAL: 252.94 * 'CHECK TOTAL: 252.94 -2- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513867 BUILDERS BUILDERS ASPHALT LLC 7680 08/20/12 01 MFT-RECYCLED SURFACE 15-155-56-00-5634 1,118.40 INVOICE TOTAL: 1, 118.40 CHECK TOTAL: 1, 118.40 513868 CAMBRIA CAMBRIA SALES COMPANY INC. 32769 08/14/12 01 SEWER OP-PAPER TOWEL 52-520-56-00-5620 55.50 INVOICE TOTAL: 55.50 CHECK TOTAL: 55.50 513869 CARGILL CARGILL, INC 2900701214 08/21/12 01 WATER OP-BULK ROCK SALT 51-510-56 00-5638 2,771.61 INVOICE TOTAL: 2,771.61 CHECK TOTAL: 2, 771.61 513870 COMED COMMONWEALTH EDISON 6963019021-0812 08/15/12 01 STREETS-LIGHTS 01-410-54-00-5480 21.59 INVOICE TOTAL: 21.59 * 8344010026-0812 08/21/12 01 STREETS-LIGHTS 01-410-54-00-5480 241.62 INVOICE TOTAL: 241.62 * CHECK TOTAL: 263.21 513871 DAVEAUTO DAVID L CHELSEN 19533 07/25/12 01 POLICE-SQUAD REPAIR 01 210.54-00-5495 320.00 INVOICE TOTAL: 320.00 * 19590 08/09/12 01 POLICE-BRAKE PAD REPAIRS 01-210-54-00-5495 464.00 INVOICE TOTAL: 464.00 * -3- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513871 DAVEAUTO DAVID L CHELSEN 19592 08/09/12 01 POLICE-SQUAD REPAIR 01-210 54-00-5495 360.00 INVOICE TOTAL: 360.00 * 19598 08/13/12 01 POLICE-SQUAD REPAIR O1 210-54-00-5495 1,315.00 INVOICE TOTAL: 1,315.00 * 19601 08/13/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 75.00 INVOICE TOTAL: 75.00 * 19622 08/20/12 01 POLICE-CHECK SQUAD FOR OIL 01-210-54-00-5495 168.00 02 LEAK ** COMMENT ** INVOICE TOTAL: 168.00 * 19626 08/20/12 01 POLICE-TIE ROD REPAIR 01-210-54-00-5495 125.00 INVOICE TOTAL: 125.00 * 19651 08/24/12 01 POLICE SQUAD REPAIR 01-210-54-00-5495 48.00 INVOICE TOTAL: 48.00 * CHECK TOTAL: 2, 875.00 513872 DEPO DEPO COURT REPORTING SVC, INC 15545 08/22/12 01 ADMIN-PLAN COMMISSION MEETING O1 110 54-00-5462 276.25 INVOICE TOTAL: 276.25 * CHECK TOTAL: 276.25 513873 EJEQUIP EJ EQUIPMENT 0051456 07/20/12 01 SEWER OP-•PIPE PLUG 52-520 56-00 5640 58.53 INVOICE TOTAL: 58.53 CHECK TOTAL: 58.53 -4- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513874 EXELON EXELON ENERGY 100587500100 08/22/12 01 WATER OP-3299 LEHMAN CROSSING 51-510-54-00-5480 4,623.08 INVOICE TOTAL: 4,623.08 200307000240 08/24/12 01 WATER OP-LIGHTS 51-510-54-00-5480 3,372.72 INVOICE TOTAL: 3,372.72 * CHECK TOTAL: 7, 995.80 513875 EYEMED FIDELITY SECURITY LIFE INS. 090112 09/01/12 01 ADMIN-SEPTEMBER VISION 01-110-52-00-5224 44.42 02 ADMIN-ELECTED OFFICIALS 01-110-52-00-5238 58.55 03 SEPTEMBER VISION ** COMMENT ** 04 FINANCE-SEPTEMBER VISION 01-120-52-00-5224 26.98 O5 POLICE-SSEPTEMBER VISION 01-210-52-00-5224 306.34 06 COM/DEV-SEPTEMBER VISION 01-220-52-00-5224 31.57 07 STREETS-SEPTEMBER VISION 01-410-52-00-5224 58.55 08 ADMIN SERVICE-RETIREES 01-640-52-00-5242 48.19 09 SEPTEMBER VISION ** COMMENT ** 10 PARKS-SEPTEMBER VISION 79-790-52-00-5224 83.65 11 RECREATION-SEPTEMBER VISION 79-795-52-00-5224 24.65 12 INSURANCE ** COMMENT ** 13 WATER OP-SEPTEMBER VISION 51-510-52-00-5224 48.83 14 INSURANCE ** COMMENT ** 15 SEWER OP-SEPTEMBER VISION 52-520-52-00-5224 35.98 16 INSURANCE ** COMMENT ** 17 LIBRARY-SEPTEMBER VISION 82-820-52-00-5224 53.60 18 INSURANCE ** COMMENT ** INVOICE TOTAL: 821.31 CHECK TOTAL: 821.31 513876 FREDRICR ROB FREDRICKSON 090112 09/01/12 01 FINANCE-AUGUST 2012 MOBILE 01-120-54-00-5440 45.00 -5- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513876 FREDRICR ROB FREDRICKSON 090112 09/01/12 02 EMAIL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513877 GOLINSKI GARY GOLINSKI 090112 09/01/12 01 ADMIN-AUGUST 2012 MOBILE EMAIL 01-110 54 00 5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 513878 HACH HACH COMPANY 312262632 08/17/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 489.50 INVOICE TOTAL: 489.50 * 7900831 08/17/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 520.09 INVOICE TOTAL: 520.09 * CHECK TOTAL: 1,009.59 513879 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 4686605 08/16/12 01 WATER OP-505-C DUAL PORTS 51-510-56-00-5664 700.00 INVOICE TOTAL: 700.00 * 5282298 08/22/12 01 WATER OP-METER STRAINER 51-510-56-00-5664 248.70 INVOICE TOTAL: 248.70 * 5282347 08/15/12 01 WATER OP-BRASS OVAL METER FLG 51-510-56-00-5664 77.01 02 SET ** COMMENT ** INVOICE TOTAL: 77.01 * -6- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 15:16:40 CHECK REGISTER PRG ID: A2215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------------------------------------- 513879 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 5320011 08/23/12 01 WATER OP-CHECK VALVES FOR 51-510-56-00-5664 810.31 02 WATER METERS ** COMMENT ** INVOICE TOTAL: 810.31 CHECK TOTAL: 1, 836.02 513880 ILETSB ILETSB EXECUTIVE INSTITUTE 090412 09/04/12 01 POLICE-POLICE IN THE EXECUTIVE 01-210-54-00-5412 150.00 02 ROLE TRAINING SESSION ** COMMENT ** 03 REGISTRATION ** COMMENT ** INVOICE TOTAL: 150.00 CHECK TOTAL: 150.00 513881 ILLCO ILLCO, INC. 1231130 08/15/12 01 WATER OP BALL CHECK VALVE 51-510-56-00-5640 205.88 INVOICE TOTAL: 205.88 CHECK TOTAL: 205.88 513882 ILLUMBER IL VALLEY URBAN LUMBERJACKS 12307 07/23/12 01 STREETS-STORM DAMAGE REMOVAL 01-410-54-00-5458 3,375.00 INVOICE TOTAL: 3,375.00 12347 08/17/12 01 STREETS TREE REMOVAL AT 211 01-410-54-00-5458 1,400.00 02 ELIZABETH ** COMMENT ** INVOICE TOTAL: 1,400.00 12348 08/17/12 01 STREETS-STORM DAMAGE REMOVAL 01-410-54--00-5458 4,250.00 INVOICE TOTAL: 4,250.00 CHECK TOTAL: 9, 025.00 -7- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513883 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 026016 08/15/12 01 STREETS-INSTALLED NEW 01-410-54-00-5495 946.13 02 ALTERNATOR, ADDED FREON, ** COMMENT ** 03 CLEANED STARTER ** COMMENT ** INVOICE TOTAL: 946.13 CHECK TOTAL: 946.13 513884 ITRON ITRON 256494 08/12/12 01 WATER OP-SEPTEMBER HOSTING 51-510-54-00-5462 456.23 02 SERVICES ** COMMENT ** INVOICE TOTAL: 456.23 * CHECK TOTAL: 456.23 513885 JUSTSAFE JUST SAFETY, LTD 17427 07/27/12 01 SEWER OP-FIRST AID SUPPLIES 52-520-56-00-5620 67.20 INVOICE TOTAL: 67.20 * CHECK TOTAL: 67.20 513886 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 082412 08/24/12 01 ADMIN-FTA REIMBURSEMENT 01-000-24-00-2412 210.00 INVOICE TOTAL: 210.00 * CHECK TOTAL: 210.00 513887 KENPRINT ANNETTE M. POWELL 19094 08/20/12 01 POLICE-500 BUSINESS CARDS 01-210-54-00-5430 132.00 INVOICE TOTAL: 132.00 * 19098 08/28/12 01 POLICE--2,000 PAYROLL VOUCHERS 01-210-54-00-5430 241.00 INVOICE TOTAL: 241.00 * CHECK TOTAL: 373.00 -8- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513888 LAFARGE LAFARGE AGGREGATES ILLINOIS 24790508 08/14/12 01 WATER OP-PEA GRAVEL 51-510-56-00-5620 228.57 INVOICE TOTAL: 228.57 CHECK TOTAL: 228.57 513889 LAUTAMEN LAUTERBACH & AMEN, LLP 28230 08/15/12 01 FINANCE-AUDIT SERVICES 01-120-54-00-5414 28,000.00 INVOICE TOTAL: 28,000.00 CHECK TOTAL: 28,000.00 513890 MENINC MENARDS INC 081412-STREBATE 08/29/12 01 ADMIN SERVICES-2ND QUARTER 01-640-54 00 5492 42,221.94 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 42,221.94 CHECK TOTAL: 42,221.94 513891 MENLAND MENARDS YORKVILLE 10053-12 08/21/12 01 STREETS-ZIP TIES 01-410-56-00-5620 7.30 INVOICE TOTAL: 7.30 10265 08/22/12 01 STREETS-LP TANK EXCHANGE 01-410 56 00 5620 17.82 INVOICE TOTAL: 17.82 7127 08/10/12 01 WATER OP-BATTERIES 51 510-56-00-5620 23.94 INVOICE TOTAL: 23.94 8210 08/14/12 01 STREETS-BAG STRAINERS 01-410-56-00-5620 8.94 INVOICE TOTAL: 8.94 8246 08/14/12 01 WATER OP-COUPLING, CEMENT 51-510-56-00-5640 21.55 INVOICE TOTAL: 21.55 -9- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513891 MENLAND MENARDS - YORKVILLE 8268 08/14/12 01 WATER OP-BATTERIES, SHELF 51-510-56-00-5640 9.09 02 BRACKETS ** COMMENT ** INVOICE TOTAL: 9.09 * 8842 08/16/12 01 POLICE-FLOOR MATS 01-210-56-00-5640 14.99 INVOICE TOTAL: 14.99 * CHECK TOTAL: 103.63 513892 MERLIN DEYCO, INC. 18566 07/31/12 01 POLICE-OIL CHANGE 01-210--54-00-5495 29.95 INVOICE TOTAL: 29.95 * 18619 08/02/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 18750 08/09/12 01 POLICE-BULB 01-210-54 00- 5495 6.98 INVOICE TOTAL: 6.98 * 18815 08/13/12 01 POLICE-OIL CHANGE 01 210-54 00 5495 29.95 INVOICE TOTAL: 29.95 * 18882 08/15/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * CHECK TOTAL: 126.78 513893 MIDAMTEC MID AMERICAN TECHNOLOGY, INC 08934 08/20/12 01 WATER OP-DIRECT CONNECT LABELS 51-510-56-00-5620 59.00 02 FOR UTTLITY LOCATOR ** COMMENT ** INVOICE TOTAL: 59.00 CHECK TOTAL: 59.00 -10- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513894 MINER MINER ELECTRONICS CORPORATION 246600 08/24/12 01 POLICE-REPLACED POWER CABLE 01-210-54-00-5495 236.29 02 FOR LEDCO DOCK ** COMMENT ** INVOICE TOTAL: 236.29 * 246601 08/24/12 01 POLICE-REMOUNTED GUN RACK IN 01-210-54-00-5495 95.00 02 TRUNK ** COMMENT ** INVOICE TOTAL: 95.00 * CHECK TOTAL: 331.29 513895 MJELECT MJ ELECTRICAL SUPPLY, INC. 1129018-00 07/16/12 01 WATER OP-CAPACITOR FOR 51-510-56-00-5640 50.00 02 GENERATOR REPAIR ** COMMENT ** INVOICE TOTAL: 50.00 * 1129504-00 08/13/12 01 STREETS-BULBS O1 410-56-00-5640 167.40 INVOICE TOTAL: 167.40 * 1129508-00 08/13/12 01 STREETS-BULB O1 410-54-00-5446 59.00 INVOICE TOTAL: 59.00 * 1129522-00 08/15/12 01 STREETS-FUSES, BULBS, PHOTO 01-410-56-00-5640 527.70 02 CONTROL, PLASTIC TAPS ** COMMENT ** INVOICE TOTAL: 527.70 * 1129629-01 08/22/12 01 WATER OP-BATTERY 51-510-56-00-5638 40.00 INVOICE TOTAL: 40.00 * 1129651 -01 08/22/12 01 WATER OP-BATTERY 51-510-56-00-5638 20.00 INVOICE TOTAL: 20.00 * 1129664 01 08/24/12 01 WATER OP-BULBS 51-510-56-00-5638 247.00 INVOICE TOTAL: 247.00 * CHECK TOTAL: 1, 111.10 -11- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513896 MUNCLRK MUNICIPAL CLERKS OF ILLINOIS 082212 08/22/12 01 ADMIN-MEMBERSHIP DUES FOR CITY 01-120-54-00-5460 90.00 02 AND DEPUTY CLERKS ** COMMENT ** INVOICE TOTAL: 90.00 CHECK TOTAL: 90.00 513897 NEXTEL NEXTEL COMMUNICATIONS 837900513-126-C 08/21/12 01 COMM/DEV-MONTHLY CHARGES 01-220-54-00-5440 83.46 02 POLICE-MONTHLY CHARGES 01-210-54-00-5440 156.54 03 SEWER OP-MONTHLY CHARGES 52-520-54-00-5440 19.13 04 STREETS-MONTHLY CHARGES 01-410-54-00-5440 20.87 O5 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 22.63 INVOICE TOTAL: 302.63 * CHECK TOTAL: 302.63 513898 NICOR NICOR GAS 00-41-22-8748 4-0512 06/07/12 01 ADMIN-1107 PRAIRIE LN O1--110-54-00-5480 29.71 INVOICE TOTAL: 29.71 * 00-41-22-8748 4-0612 07/06/12 01 ADMIN-1107 PRAIRIE LANE 01-110-54-00-5480 29.99 INVOICE TOTAL: 29.99 * 00-41-22-8748 4-0712 08/07/12 01 ADMIN-1107 PRAIRIE LANE 01-110-54-00-5480 77.84 INVOICE TOTAL: 77.84 * 07-72-09-0117 7-0612 06/21/12 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 27.73 INVOICE TOTAL: 27.73 * 07-72-09--0117 7-0712 07/24/12 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 24.32 INVOICE TOTAL: 24.32 * 15-41-50-1000 6-0512 06/12/12 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 95.93 INVOICE TOTAL: 95.93 * -12- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 15:16:40 CHECK REGISTER PRG ID: A2215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513898 NICOR NICOR GAS 15-41-50-1000 6-0612 07/09/12 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 82.04 INVOICE TOTAL: 82.04 * 15-41-50-1000 6-0712 08/14/12 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 188.18 INVOICE TOTAL: 188.18 * 15-63-74-5733 2-0512 06/05/12 01 ADMIN 1955 S. BRIDGE STREET 01-110-54-00-5480 30.30 INVOICE TOTAL: 30.30 * 15-63-74-5733 2-0612 07/03/12 01 ADMIN-1955 BRIDGE STREET 01 110-54-00-5480 30.19 INVOICE TOTAL: 30.19 * 15-63-74-5733 2-0712 08/03/12 01 ADMIN-1955 S. BRIDGE STREET 01-110-54-00-5480 30.19 INVOICE TOTAL: 30.19 * 15-64-61-3532 5 0512 06/07/12 01 ADMIN-1991 CANNONBALL TRAIL 01-110-54-00 5480 30.13 INVOICE TOTAL: 30.13 * 15-64-61-3532 5-0612 07/06/12 01 ADMIN 1991 CANNONBALL TRAIL 01-110--54-00-5480 30.56 INVOICE TOTAL: 30.56 * 15-64-61-3532 5-0712 08/07/12 01 ADMIN-1991 CANNONBALL TRAIL 01-110-54-00-5480 31.01 INVOICE TOTAL: 31.01 * 20-51-56-2042 1-0612 07/09/12 01 ADMIN-420 FAIRHAVEN 01 110-54-00-5480 76.90 INVOICE TOTAL: 76.90 * 20-52-56-2042 1 0512 06/08/12 01 ADMIN-420 FAIRHAVEN 01-110-54-00-5480 78.19 INVOICE TOTAL: 78.19 * 20-52-56-2042 1-0712 08/08/12 01 ADMIN 420 FAIRHAVEN 01-110-54-00-5480 79.03 INVOICE TOTAL: 79.03 * 23-45-91-4862 5-0512 06/04/12 01 ADMIN-101 BRUELL STREET 01-110-54-00-5480 79.67 INVOICE TOTAL: 79.67 * -13- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513898 NICOR NICOR GAS 23-45-91-4862 5-0612 07/03/12 01 ADMIN--101 BRUELL STREET 01-110-54-00-5480 80.78 INVOICE TOTAL: 80.78 * 23-45 -91-4862 5-0712 08/02/12 01 ADMIN-101 BRUELL STREET 01-110-54-00-5480 89.10 INVOICE TOTAL: 89.10 * 31-61-67-2493 1-0512 06/06/12 01 ADMIN-276 WINDHAM CIRCLE 01-110-54 00-5480 12.78 INVOICE TOTAL: 12.78 * 31 61-67-2493 1-0612 07/06/12 01 ADMIN-276 WINDHAM CIRCLE 01-110-54-00-5480 29.37 INVOICE TOTAL: 29.37 * 3161 67-2493 10712 08/07/12 01 ADMIN-276 WINDHAM CIRCLE 01-110-54-00-5480 21.61 INVOICE TOTAL: 21.61 * 4+-25-61-1000 5-0612 07/03/12 01 ADMIN-1 VAN EMMON RD. 01-110 54-00-5480 39.95 INVOICE TOTAL: 39.95 * 45-12 25-4081 3 0612 07/03/12 01 ADMIN-201 W. HYDRAULIC 01-110-54 00-5480 26.18 INVOICE TOTAL: 26.18 * 45-12-25-4081 3-0712 08/02/12 01 ADMIN--201 W. HYDRAULIC 01 110-54-00-5480 31.17 INVOICE TOTAL: 31.17 * 46-69-47-6727 1-0517 06/06/12 01 ADMIN--1975 BRIDGE STREET 01-110 54-00-5480 73.31 INVOICE TOTAL: 73.31 * 46-69-47-6727 1-0612 07/06/12 01 ADMIN-1975 BRIDGE STREET 01 110-54-00-5480 90.00 INVOICE TOTAL: 90.00 * 46-69-47-6727 1-0712 08/07/12 01 ADMIN 1975 BRIDGE STREET •01-110-54-00-5480 77.29 INVOICE TOTAL: 77.29 * 49-25-61-1000 5-0512 06/04/12 01 ADMIN-1 VAN EMMON RD. 01-110-54-00-5480 23.14 INVOICE TOTAL: 23.14 * -14- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513898 NICOR NICOR GAS 49-25-61-1000 5-0712 08/02/12 01 ADMIN-1 VAN EMMON RD 01-110-54-00-5480 36.53 INVOICE TOTAL: 36.53 * 66-70-44-6942 9-0512 06/07/12 01 ADMIN-100 RAINTREE RD. 01-110-54-00-5480 69.27 INVOICE TOTAL: 69.27 * 66-70 44-6942 9 0612 07/09/12 01 ADMIN-100 RAINTREE RD. 01-110-54-00-5480 83.51 INVOICE TOTAL: 83.51 * 66-70-44-6942 9-0712 08/08/12 01 ADMIN-100 RAINTREE RD. 01-110-54-00-5480 103.22 INVOICE TOTAL: 103.22 * 83-80--00-1000 7-0512 06/14/12 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 7.69 INVOICE TOTAL: 7.69 * 83 80 00-1000 7--0612 07/12/12 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 30.19 INVOICE TOTAL: 30.19 * 83-80-00-1000 7-0712 08/13/12 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 37.13 INVOICE TOTAL: 37.13 * CHECK TOTAL: 2,014.13 513899 OLSONB BART OLSON 090112 09/01/12 01 ADMIN-AUGUST 2012 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513900 QUILL QUILL CORPORATION 5262435 08/22/12 01 POLICE-CDS, INK CARTRIDGE, CD 01-210-56-00-5610 135.04 -15- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513900 QUILL QUILL CORPORATION 5262435 08/22/12 02 ENVELOPES ** COMMENT ** INVOICE TOTAL: 135.04 * 5263710 08/22/12 01 POLICE-MONITOR STAND 01-210-56-00-5610 21.99 INVOICE TOTAL: 21.99 * CHECK TOTAL: 157.03 513901 R0000594 BRIAN BETZWISER 090112 46 09/01/12 01 PW CAPITAL-185 WOLF STREET 21-211-92-00-8050 4,371.61 02 INTEREST PAYMENT #46 ** COMMENT ** 03 CW CAPITAL-185 WOLF STREET 21-211-92-00-8000 2,486.31 04 PRINCIPAL PAYMENT #46 ** COMMENT ** INVOICE TOTAL: 6,857.92 CHECK TOTAL: 6, 857.92 513902 RATOSJ RATOS, JAMES 081412-STREBATE 08/29/12 01 ADMIN SERVICES-2ND QUARTER 01-640-54-00-5492 4, 172.83 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 4,172.83 CHECK TOTAL: 4, 172.83 513903 SFBCT SWFVCTC 082912 08/29/12 01 ADMIN SERVICES-2ND QUARTER 01-640-54-00-5475 17,242.82 02 2012 SFVCTC FRANCHISE DUES ** COMMENT ** INVOICE TOTAL: 17,242.82 CHECK TOTAL: 17,242.82 513904 SLEEZERJ SLEEZER, JOHN -16- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513904 SLEEZERJ SLEEZER, JOHN 090112 09/01/12 01 STREETS-AUGUST 2012 MOBILE 01-410-54-00-5440 45.00 02 EMAIL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513905 SOFTWARE SOFTWARE PERFORMANCE 411077 08/22/12 01 ADMIN SERVICES-2 REPLACEMENT 01-640-54 -00-5450 1,963.00 02 COMPUTERS ** COMMENT ** INVOICE TOTAL: 1,963.00 * CHECK TOTAL: 1, 963.00 513906 STREICH STREICHERS I950473 08/10/12 01 POLICE-BADGES 01-210 -56-00-5600 211.99 INVOICE TOTAL: 211.99 * CHECK TOTAL: 211.99 513907 SUBURBAN SUBURBAN CHICAGO NEWS 081512 08/15/12 01 WATER OP-10 WEEK SUBSCRIPTION 51-510-54-00-5460 21.34 INVOICE TOTAL: 21.34 * CHECK TOTAL: 21.34 513908 SUBURLAB SUBURBAN LABORATORIES INC. 20570 08/15/12 01 WATER OP-ROUTINE COLIFORM 51-510-54-00-5429 295.00 INVOICE TOTAL: 295.00 * CHECK TOTAL: 295.00 -17- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513909 TAPCO TAPCO I401099 08/08/12 01 STREETS-PAINT 01-410-56-00-5620 330.00 02 MFT-SIGN POSTS 15-155-56-00-5619 668.50 INVOICE TOTAL: 998.50 * I402501 08/24/12 01 MFT-SIGN BRACKETS, CROSSPIECES 15-155-56-00-5619 408.51 INVOICE TOTAL: 408.51 * CHECK TOTAL: 1, 407.01 513910 TIGERDIR TIGERDIRECT J10628540101 08/13/12 01 ADMIN SERVICES-MONITOR 01-640-54-00-5450 109.87 INVOICE TOTAL: 109.87 * J10640280101 08/15/12 01 ADMIN SERVICES-MONITOR 01-640-54-00-5450 210.67 INVOICE TOTAL: 210.67 * CHECK TOTAL: 320.54 513911 TRAFFIC TRAFFIC CONTROL CORPORATION 0000054247 05/31/12 01 STREETS-1T REPAIRS 01-410-56-00-5640 300.00 INVOICE TOTAL: 300.00 * 55466 08/17/12 01 STREETS-NIPPLE, BACKPLATE 01-410-56-00-5640 162.75 INVOICE TOTAL: 162.75 * CHECK TOTAL: 462.75 513912 TUCKER TUCKER DEVELOPMENT CORP. 081412--STREBATE 08/29/12 01 ADMIN SERVICES-2ND QUARTER 01--640-54-00-5492 33,984.05 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 33,984.05 CHECK TOTAL: 33,984.05 -18- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513913 VISA VISA 072712-PD2 07/27/12 01 POLICE-FIRST AID SUPPLIES, 01-210-56-00-5620 198.42 02 OTTERBOXES FOR THREE PHONES ** COMMENT ** 03 POLICE-WORK SHOES 01-210-56-00-5600 184.84 INVOICE TOTAL: 383.26 CHECK TOTAL: 383.26 513914 VISA VISA 082712-C 08/27/12 01 FINANCE-REOCCURRING WEBSITE 01-120-54-00-5462 54.92 02 UPKEEP FEES ** COMMENT ** 03 ADMIN-TRAVEL EXPENSE FOR ICMA 01-110-54-00-5415 321.60 04 CONFERENCE ** COMMENT ** 05 ADMIN-AUDIO CONFERENCE FOR 01-110-54-00-5412 99.00 06 CITY CLERK ON MINUTE TAKING ** COMMENT ** 07 WATER OP-STONE FLANGE, FLANGE 51-510-56-00-5638 228.31 08 GASKETS, SLIP SOCKET CAPS ** COMMENT ** 09 FINANCE-REGISTRATION FOR THREE 01-120-54-00-5412 285.00 10 DIFFERENT TRAININGS ** COMMENT ** 11 STREETS-SPADE HANDLE DRILL 01-410-56-00-5630 169.00 12 ADMIN--JUNE-AUGUST INTERNET 01-110-54-00-5440 29.12 13 COMM/DEV-JUNE -AUGUST INTERNET 01-220-54-00-5440 21.85 14 FINANCE-JUNE - AUGUST INTERNET 01-120-54-00-5440 29.12 15 PARKS-JUNE - AUGUST INTERNET 79-790-56-00-5620 36.40 16 POLICE-JUNE - AUGUST INTERNET 01-210-54-00-5440 189.26 17 REC CENTER-JUNE -AUGUST 80-800-56-00-5620 7.28 18 INTERNET ** COMMENT ** 19 RECREATION-JUNE - AUGUST 79-795-56-00-5620 36.40 20 INTERNET ** COMMENT ** 21 SEWER OP-JUNE - AUGUST 52-520-56-00-5620 21.85 22 INTERNET ** COMMENT ** 23 STREETS-JUNE - AUGUST INTERNET 01-410-56-00-5620 29.12 24 WATER OP-JUNE - AUGUST 51-510-56-00-5620 36.40 25 INTERNET ** COMMENT ** INVOICE TOTAL: 1,594.63 CHECK TOTAL: 1, 594.63 -19- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513915 WALMART WALMART COMMUNITY 082212-CITY 08/22/12 01 ADMIN-HAND SOAP, FORKS, PAPER 01-110-56-00--5610 45.32 02 TOWELS, KLEENEX ** COMMENT ** INVOICE TOTAL: 45.32 CHECK TOTAL: 45.32 513916 WATERPRO RI WATERMAN PROPERTIES 090112-34 09/01/12 01 WATER OP-GRANDE RESERVE COURT 51-510 75 00-7502 22,988.77 02 ORDERED PAYMENT #34 ** COMMENT ** INVOICE TOTAL: 22,988.77 CHECK TOTAL: 22, 988.77 513917 WERDERW WALLY WERDERICH 082712 08/27/12 01 POLICE-JULY 11 & JULY 26 ADMIN 01-210-54-00-5467 300.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 513918 YORKCLER YORKVILLE CLERK'S ACCOUNT 156727 08/28/12 01 WATER OP-RELEASE WATER LIENS, 51-510-54-00-5448 343.00 02 PLACE NEW WATER LIEN ** COMMENT ** INVOICE TOTAL: 343.00 156753 08/28/12 01 PW CAPITAL-FILING MOWING LIENS 21-211-54-00-5448 539.00 INVOICE TOTAL: 539.00 CHECK TOTAL: 882.00 513919 YORKSCHO YORKVILLE SCHOOL DIST #115 -20- DATE: 09/05/12 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 15:16:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/11/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513919 YORKSCHO YORKVILLE SCHOOL DIST #115 073112-LC 08/23/12 01 ESCROW DEPOSIT MAY, JUNE & 95-000 24 00 2453 18,898.84 02 JULY 2012 DEVELOPMENT FEES ** COMMENT ** INVOICE TOTAL: 18,898.84 CHECK TOTAL: 18, 898.84 513920 YORKSELF YORKVILLE SELF STORAGE, INC 082312-45 08/23/12 01 POLICE-STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 513921 YOUNGM MARLYS J. YOUNG 071012 08/16/12 01 ADMIN JULY 10 MEETING MINUTES O1 110 54 00 5462 196.35 INVOICE TOTAL: 196.35 080812 08/22/12 01 ADMIN AUGUST 8 PLAN COMMISSION 01-110-54-00-5462 40.00 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 40.00 CHECK TOTAL: 236.35 TOTAL AMOUNT PAID: 342,964.52 -21- UNITED CITY OF r I ILLE CITY Colli7MCIL BILL LIST SUMMARY Tuesday, August 28, 2012 PA YROLL DATE BI-WEEKLY 8/31/2012 $203,495.59 TO'T'AL PAYROLL $203,495.59 ACCOUNTS PAYABLE BILLS LIST - FY 13 9/11/2012 $342,964.52 MANUAL BILL LIST-YORKVILLE POST OFFICE - 08/31 UB BILLS 8/30/2012 $2,060.16 TOTAL RILLS PAID $345,024.68 ONLINE PAYMENTS LINCOLN FINANCIAL-SEPTEMBER LIFE INS. PREMIUMS 8/27/2012 $981 .91 BCBS - SEPTEMBER HEALTH & DENTAL INSURANCE 8/30/2012 $84,135.38 SHELL GASOLINE -JULY PD GASOLINE 9/4/2012 $2,431 .94 TOTAL DILLS PAID $87,549.23 TOTAL DISBURSEMENTS $636,069.50 -22- 0 CIP Reviewed By: Agenda Item Number J� a► Legal ❑ Minutes #1 W36 El El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-65 Agenda Item Summary Memo Title: Minutes of the Committee of the Whole—August 14, 2012 Meeting and Date: City Council— September 11, 2012 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Minute Taker Name Department Agenda Item Notes: MINUTES OF THE COMMITTEE OF THE WHOLE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,AUGUST 14, 2012, 7PM Mayor Golinski called the meeting to order at 7:00pm and led the attendees in the Pledge of Allegiance. ROLL CALL Ward I Vacant Absent Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present City officials present: Mayor Gary Golinski, City Administrator Bart Olson, City Attorney Kathleen Orr, Public Works Director Eric Dhuse, Community Development Director Krysti Barksdale-Noble, Director of Finance Rob Fredrickson, Director of Parks and Recreation Laura Schraw, Chief of Police Rich Hart, Deputy Chief Don Schwartzkopf, Code Official Peter Ratos, EEI Engineer Brad Sanderson, Administrative Intern Jeff Weckbach Other Guests: Lynn Dubajic-YEDC, Steve Lord-Beacon News, Tony Scott-Kendall County Record, Jillian Duchnowski-Yorkville Patch. See also guest lists. PRESENTATIONS: 1. Ribs on the River Winners Mayor Golinski presented plaques to the winners of the Ribs on the River contest and he reported positive feedback from this contest. 2. Knights of Columbus Recreation Scholarship Marty Reynolds of the Knights of Columbus was presented a certificate of appreciation for a Special Recreation Fund scholarship for disabled children in Yorkville. Mr. Reynolds also presented a $500 check to assist disabled children in the City. 3. RFP Opening for 201 W. Hydraulic (Old Post Office) One bid package was received and Mr. Olson read it aloud during the meeting. The letter was from 3 Angels Brewing and was not an actual bid. No further action. 1 Minutes of the Committee of the Whole–August 14, 2012–Page 2 of 8 4. City Services Survey The results of this survey were compiled and presented by Administrative Intern Jeff Weckbach. He noted there were 530 responses and 900 comments and he highlighted some of the statistics: 1. 50% of the respondents were over 50 years of age 2. 75% of respondents were in their first 10 years in the City 3. 67%had lived in a different western suburb 4. Traffic flow, street maintenance and property maintenance were of most concern along with communication with elected officials. Maintenance of streets was of great concern with negative comments about snowplows moving too fast and hitting mailboxes. 5. Rated best services were quality of police department,police response time garbage service 6. More police and improved snow removal were most desired 7. The major sources of news are Kendall County Record, utility bills and City newsletter(newsletter discontinued at this time, might be brought back). 8. Shoppers were asked what type of businesses they would like to see with 1/3 answering they wanted restaurants, grocers, specialty shops and other major businesses. 9. Improvement suggestions were: lower taxes, development, vibrant downtown 5. Aurora Area Convention and Visitors Bureau Mr. Chris Hamilton, Executive Director of the Bureau gave a presentation and asked the Council to commit to a 5-year agreement. The Bureau is funded by transient room taxes and serves 5 counties. He said the Visitor's Guide has a half page ad for Yorkville this year and will be increasing the size to a full page. While the Bureau still does print ads, web ads are very important and recent promo ads listed several Yorkville events. Social media plays a large part in their tourism efforts as well. Kiosks will be built in various locations including the Aurora Transportation Center and he will work with the City to determine locations in Yorkville. He noted that Alderman Chris Funkhouser is the Yorkville representative. CITIZEN COMMENTS: None MINUTES FOR APPROVAL: 1. July 9, 2012 Adhoc Committee for Recreation Facility Alternatives Alderman Kot said there were 2 comments attributed to him that he didn't think he had made. He asked that the minutes be returned to the minute taker for review and revision. 2. July 10, 2012 Committee of the Whole Alderman Spears noted on page 2, 2nd paragraph from the bottom—Ashley Flint does not support. 2 Minutes of the Committee of the Whole—August 14, 2012 — Pa2e 3 of 8 Also on page 3, 2nd paragraph, Terry Hancock was the Naperville Humane Society representative. Alderman Colosimo referred to the bottom of page 3--he wants it made clear in minutes that he was in favor of doing more research into exotic pets. He also wanted it made clear in the minutes, the Aldermen who were for or against more research and how the committee decided not to proceed with the research. He asked that the minutes be revised and brought back for another review. ECONOMIC DEVELOPMENT COMMITTEE ITEMS: New Business: 1. EDC 2012-33 Aurora Area Convention and Visitors Bureau (AACVB)Agreement It was noted that Yorkville has been a member of the AACVB since 1990. Alderman Colosimo expressed some reservations saying that after 5 years with the Bureau, he feels the City is getting no return on the investment. He said the website coverage of Yorkville was very minimal and he would not vote for a 5-year agreement. The contract length is too long commented Alderman Munns and he would like a shorter commitment. Alderman Milschewski asked where the tourism booklets are found and that $45,000 is too much. The booklets are currently found in lodging in the City, at the Chamber and YEDC to name a few. Grant opportunities were questioned by Alderman Teeling. The Bureau would assist the City with this and it was noted they helped with the grant for the old jail. She also noted the City receives about $51,000 in hotel tax. Alderman Funkhouser said he is the Board liaison with the Visitor's Bureau and stated that he has seen improvement since Mr. Hamilton became the Director. He asked the committee to consider a 2-3 year contract and said that the City can't get the same reach without AACVB. He said other communities are looking at shorter terms also. Alderman Kot said 5 years is too long and suggested a 2-year contract. Mr. Hamilton said his Board of Directors would have to decide if they would accept that. Mr. Kot noted the City had been with the Bureau for 20 years. Another concern was voiced by Alderman Spears. She said Yorkville contributes a large share of the money but only has one representative on the Board. She would not support more than a 2-year contract. A breakdown of contributions from each community or a ranking by community was requested by Alderman Milschewski. Mr. Hamilton said Yorkville and Sandwich are the largest contributors next to Aurora. 3 Minutes of the Committee of the Whole—August 14, 2012 — Pa2e 4 of 8 Alderman Munns asked why other towns have more than one representative, but Yorkville only has one. Hamilton said each town has 1 rep and other Board members come from the Chambers of Commerce. He said the Board is in the process of re- structuring the by-laws that govern this. Munns said Yorkville pays the 2nd highest amount but, the City has the same voting privileges as someone who contributes less. He also questioned why Forest Preserve/County Board members are AACVB Board members when they have no revenue-producers. Munns said he would not support a 5- year contract. Mayor Golinski said AACVB provides a good service, but questioned if the City could do better internally. He has been approached by a local business that said the City is under-represented and they could do abetter job. The Mayor will meet with them next week. He asked Mr. Hamilton to advise the AACVB that the Council is not in favor of a 5-year contract. Ms. Milschewki suggested talking with Oswego who uses a private firm for their tourism. Alderman Colosimo asked if tourism money can be rolled over from year to year if the entire amount is not spent that year. Attorney Orr will research the legality. In summary, Mr. Hamilton will ask his Board about a shorter contract for the City. The Mayor will meet with the other media firm next week and the item will move forward, however, there will be more discussion. 2. EDC 2012-3 Swanson Lane Estates—Plat of Vacation This item is to vacate the final plats and reduce the Letters of Credit. Mr. Colosimo commented this could help promote a possible sale. This will move to the consent agenda. 3. EDC 2012-35 Existing Home Sales Incentive Program After an extension of the B.U.I.L.D. program, it was discussed how the City could possibly help with foreclosed homes. Other parts of the country are using some loan programs to help promote sales. Alderman Munns said the City should not be in the banking business, but lowering fees is a way the City helps. Administrator Olson said if the committee was in favor of such assistance, the City would have to budget for this. One city that does offer assistance does not use City money, but uses grants, etc. 4. EDC 2012-36 Ken dallwood Estates Development Agreem en t Am en dm en t Alderman Spears noted that in the past, there had been flooding on the north side of Van Emmon and said that property owners there be notified of the proposed amendment. Mr. Olson said the City could do that and said that the affected homes are in the floodway. Carlo Colosimo agreed with Ms. Spears and said this is part of the process of communication the City needed to do. Approximately 12 residents will be notified. This item will come back for discussion in 2 weeks. 4 Minutes of the Committee of the Whole—August 14, 2012 —Page 5 of 8 5. EDC 2012-37 Downtown Brownfields Study Phases I and 2 were completed in the past on the former F. S. property. There are new owners at this time and they want phase 3 completed. The environmental cleanup is TIF eligible. Mayor Golinski said the City should move forward due to the TIF funds. Alderman Colosimo said he has gotten comments from residents who think the City is paying for the phase 3 cleanup. He said 2 of the 3 property owners are benefiting even though they did not contribute. Mayor Golinski commented that overall the City wants to move forward with downtown development. Mr. Olson said the proposals received have to be reviewed by Attorney Orr and will be available at the next meeting. Mr. Kot verified that the entire amount the City is spending would come from the TIF funds. This item moves to the next City Council meeting regular agenda in 2 weeks. 6. EDC 2012-38 Urban Chicken Regulations Alderman Colosimo said he had been approached by residents wondering if chickens are legal in the City. His interpretation of the ordinance is that they are not legal. Mr. Olson said about 6 homes have pet chickens. After a brief discussion, the Aldermen said they were not in favor in allowing them in the City. Ms. Milschewski commented there is a fine line between a pet and farm animal. Mr. Olson said inspections had been done by the City and half the chickens were indoor pets. Ms. Orr suggested no further action unless it becomes a problem. 7. EDC 2012-39 Old Post Office Property RFP No discussion was held since there were no bids. PUBLIC SAFETY COMMITTEE ITEMS: New Business 1. PS 2012-19 Disposal of Property Chief Hart submitted a list of outdated and old police equipment including light bars, old computers and radios. It was noted that hard drives will be removed. Mayor Golinski asked how the equipment would be disposed of. Auctioneers will be contacted, ads could be placed and some items may be scrapped. It was also suggested that citizens could bid on some of the items. It was noted that City employees could bid on property at open auctions. Mr. Olson said City Council authorization would be needed to dispose of the property. This will move forward to the City Council. 2. PS 2012-20 Golf Carts in Subdivisions Alderman Colosimo said this item came from citizens from his Ward, who were unable to attend this meeting. He asked to pull this item from the agenda and move it to the next Public Safety committee meeting. 5 Minutes of the Committee of the Whole—August 14, 2012 —Page 6 of 8 Old Business 1. PS 2012-16 L igh to ing Detectors for City Parks Laura Schraw contacted other companies for bids and reported only 7 companies in the nation sell detectors, but not all deal with municipalities. ThorGuard was the least expensive company with a bid of$38,860. There is currently$52,000 in the lightning detector fund that has to be spent within a certain time. Ms. Schraw said the schools would like to help fund the purchase. Aldermen Kot and Colosimo recommended moving ahead quickly with this purchase. This item will move to the consent agenda. PUBLIC WORKS COMMITTEE ITEMS: New Business: None Old Business: 1. PW 2012-35 Recommendation of Award for the 2012 MFT Maintenance Program Mayor Golinski said the bids came back very favorable and$20,000 less than the engineering estimate. There was no discussion and this item moves to the City Council consent agenda. ADMINISTRATION COMMITTEE ITEMS: New Business 1. ADM 2012-44 Appointment of FOIA Officer—Jeff Weckbach Mr. Weckbach has taken the training and will be a backup for FOIA requests. This will move to the Council consent agenda. Old Business: None MAYOR'S REPORT: New Business: 1. COW 2012-02 Kendall County 911 Referendum Mayor Golinski received a call from Oswego Village President LeClerq stating he asked the County Board to delay a vote in light of the tax decrease referendum. County Administrator Wilkins asked Mayor Golinski about Yorkville's position on this matter. The City supports a delay in the vote and Alderman Spears said a letter detailing Yorkville's position should be sent. Alderman Colosimo added that it is a moot point, since no referendum to raise taxes would pass. Mayor Golinski also noted that there will be a new County Board in a few months PARK BOARD: New Business: 1. COW 2012-03 Land Cash Recommendation Mayor Golinski said an appraisal had been done and was quite low at $30,000 an acre, down from the current amount of$101,000. The amount can be reduced, however, if the 6 Minutes of the Committee of the Whole—August 14, 2012 — Pa2e 7 of 8 Council sees fit. Or the City could take no action now and consider on a case-by-case basis. Colosimo commented that if the city does case-by-case, a developer would be responsible for an appraisal thus allowing for negotiations. Mayor Golinski said the Park Board had discussed this matter and how it would affect annexation agreements in regards to parks. Alderman Teeling asked how many annexation agreements the City currently has. Ms. Schraw referred to a chart with that information and also the number of Letters of Credit. It was noted that the agreements could be re-negotiated. It was the Mayor's opinion that the City has had good press with the B.U.I.L.D. program and any changes should be done on an individual basis. Alderman Funkhouser said $30,000 is too low for what the City needs but, the City is finally moving forward with new development. A correction may be needed in a couple of years. Mr. Munns agreed with Funkhouser and said to leave it the same and see what happens in the next development. If the amount is left as is, Alderman Colosimo said the City would gain leverage and sends a message that the City Council listens. Ms. Spears favored staying with the Park Board recommendation.. In conclusion, it was decided to keep the recommended amount and re-visit this at a later time. ITEMS RECOMMENDED FOR CONSENT AGENDA: 1. PW 2012-46 Water Department Reports for May and June 2012 2. ADM 2012-45 Banking RFP 3. ADM 2012-46 Treasurer's Report for July 2012 4. PS 2012-21 Code Amendments Regarding Disorderly Conduct&Possession of Drug Paraphernalia S. COW 2012-04 Ordinance Indemnifying Administrative Hearing Officers There was no discussion on any of the items and they will move forward to the next consent agenda. INFORMATIONAL ITEMS: 1. EDC 2012-40 Building Permit Report for July 2012 2. EDC 2012-41 Building Inspection Report Summary for July 2012 3. EDC 2012-42 Property Maintenance Reports for July 2012 4. PS 2012-22 Monthly Police Reports for July 2012 S. PW 2012-47 Road Maintenance Study Update 6 PW 2012-48 River Road Bridge Update 7. ADM 2012-47 Monthly Budget Report for July 2012 8. ADM 2012-48 Monthly Cash Statement Report for July 2012 No discussion on any of the items. 7 Minutes of the Committee of the Whole—August 14, 2012 — Pa2e 8 of 8 ADDITIONAL BUSINESS: Alderman Munns had previously inquired about the poor condition of the pavement between the Moose and BP Amoco. Pete Ratos reported the Moose will have a solution within a month since the pavement will need to re-done, not just repaired. They will be cited if no action is taken. Alderman Kot had some concerns about the parking around Town Square Park. Chief Hart explained the restrictions of the parking and said the department spoke with the person in violation. Mr. Colosimo said he had asked to have the old jail RFP item on the agenda. If the City sells the building, some money will need to be refunded. Alderman Milschewski asked about the nearby parking if the building was sold. This will be discussed in the Executive Session. Mayor Golinski said he had received 4 applications for the vacant aldermanic seat and he intends to name Ken Koch as the replacement. Mr. Koch has served on the Park Board for 12 years. A vote will be taken in an upcoming meeting. At 8:45pm the committee adjourned the regular meeting to enter into Executive Session. Respectfully submitted by Marlys Young, Minute Taker 8 `� 13 fry Reviewed By: �� •s► Legal Agenda Item Number Finance ❑ EDC #1 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development j� �� Police F-1 Public 2012-46 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Kendal County Revolving Loan Fund Application Meeting and Date: City Council— September 11, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Sept 2012 Action Taken: EDC recommends application Item Number: Type of Vote Required: N/A Council Action Requested: Informational item Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: September 5, 2012 Subject: Kendall County Revolving Loan Fund Application LLE�% Summary An update on the City's Kendall County Revolving Loan Fund Application. Background This item was discussed by the Economic Development Committee at their September 4th meeting. At that meeting, the committee directed staff to proceed with an application to Kendall County's revolving loan fund for purposes of accessing a loan to complete a $250,000 electric utility improvement(memo attached with details). This item was to come back to the Economic Development Committee in October, after the Kendall County Economic Development Committee meeting at the end of September. However, we were informed today by the DCEO that the specific project we sought was not eligible for revolving loan funding. We will be discussing other revolving loan fund projects with interested developers and businesses and the County, and will report back to the Economic Development Committee or City Council when we have an acceptable project. Recommendation This item is informational. Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 30, 2012 Subject: Kendall County Revolving Loan Fund Application LLE�% Summary Discussion of a City application to the Kendall County Revolving Loan Fund for purposes of relocating and replacing electric utilities near Cobblestone Bakery and Bistro. Background During the development of the Cobblestone Bakery and Bistro and surrounding properties, representatives of Imperial Investments had approached the City about the condition of several pieces of electrical equipment in the area. The various service lines and transformers appear to be several decades old, and in various states of disrepair. Besides the potential for service issues,the equipment does not match the aesthetics of the surrounding downtown area. Photos of the equipment are attached. Imperial Investments has asked the City to consider undergrounding this electrical equipment, or replacing it outright. These costs can be covered with TIF funds. However, the estimate for the work is $250,000 which is greater than the total amount in the downtown TIF fund reserves. Kendall County runs the revolving loan fund program, which issues low-interest loans to businesses and governmental entities for business and public works projects that help with job creation or retention. The City has used the revolving loan fund program in the past decade for a utility construction project. I have spoken with Jeff Wilkins, County Administrator, on the potential use of the fund for the City's project on the ComEd facilities. He has expressed that this could be an eligible project, and that the Kendall County Economic Development Committee would be available to review our proposal at an upcoming meeting. Recommendation Prior to that meeting, and prior to staff time being used to compile loan application materials, we are seeking direction from the Economic Development Committee to seek out a revolving loan from Kendall County for this project. Terms of the loan will still have to be negotiated with the County and brought back to City Council. � 7 c1�. t AM1 - !✓ t� t �, ter,`;� {�� • , - ' ,• � * � ate+ `,cS r�R!� +S' � i '�" ��, 'w*r - - •w or IC AlIbl- I/�Sl7i+l � •�� 1• !�` �' tip': � r,Y• �• ;.' `.� ",� �'" .'1" ti• X11;`, r• T •b• � r t r , . ' N " Ift -- 701 0 J , F •a s' 1 - lt� of it .¢ .-/ •�, ""+ter or, i e 1 ., �` � � �. . ti �� . , .� / � .� �'� ��• � � � �--._ ., ��. 1� 1�' f � J • � ;% I � �f � � ,� �. �. . / 1 � . ,� ,. I,Y , y��' • � � I �. ��• ) ,` 7 _,� �, ., :% , ,. ��} � � , , . �, : �s�, psi � ��R ,� -,;E- � �. � � �,., . 1 �� `_�sd � / i� �� w. i /,► �� a �. �#�� «�s� •� _' ' '. . � t° ,y � :�^ -.F_ ' � �. � . - :. .� ,�. �� ... -�� - � .,� �� ,; -,t.:_ .,. Y i .I . AL f e tic r y � r� `� 13 fry Reviewed By: �� •s► Legal Agenda Item Number Finance ❑ EDC #2 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development j� �� Police F-1 Public 2012-47 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Dairy Queen economic incentive agreement Meeting and Date: City Council— September 11, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator CC: Date: September 6, 2012 Subject: Dairy Queen incentive agreement LJILL E�% Summary Consideration of an economic incentive agreement for Aniri LLC, for purposes of development of a Dairy Queen. Background This item was discussed by the Economic Development Committee at their September 4th meeting. The memo from that meeting is attached. The committee did not approve a formal recommendation, but a majority of the committee was in favor of the agreement as presented. Since the EDC meeting, the petitioner has requested two minor changes to the agreement—both of which are supported by staff. The first involves the deadline for construction of the facility. In the EDC packet materials, the incentive agreement had contemplated a construction completion date by December 31, 2012. This date was chosen by staff based on a preliminary construction schedule put forth by the applicant several weeks ago. They have revised their construction schedule based on their closing date (which has already occurred), and the timing of this incentive agreement. As a result, the construction deadline has been changed to February 28, 2013. The second change is a clarification on the timing of the 10-year reimbursement period. The agreement in the EDC packet was silent on the actual start of the reimbursement period, which means the 10-year timeline starts upon approval of the agreement by the City Council. The petitioner has requested the 10-year reimbursement start upon issuance of the certificate of occupancy for the building (expected in December or January). Analysis Some of the conversation at the EDC meeting revolved around whether the incentive agreement was warranted because the resulting reimbursements are from due diligence issues with the developer. We do not believe that the developer is at fault for the issues associated with their first site selection. The location originally selected was in Kendall Marketplace, which has been in ownership and receivership flux for the past few years. When a property is in foreclosure, various ownership and receivership interests may be giving conflicting information to a buyer and may not know the fine details of the various agreements on the property. In this particular instance, the presence of the commercial SSA on the property proved to be a large issue. The City Council has had a history of giving incentive agreements to developers for reimbursement of infrastructure installation and for simple business recruitment. In many cases over the past few years, the City Council has been proactive in providing incentives to developers for simply choosing to build in Yorkville. This has benefited us directly by providing us with sales taxes that we previously did not have. In the case of Kendall Marketplace, this incentive saved the City budget by replacing the lost sales tax revenue from the closure of ProBuild. In the case of the Dairy Queen incentive agreement, we have a concrete reason for the reimbursement: reoccurring permit and consultant fees. As a result, the reimbursement is capped at a minimal dollar amount, rather than being an open ended incentive. As a comparison, the incentive given to Boombah was open ended and was a 10-year term. Recommendation Staff recommends approval of the economic incentive agreement. Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 30, 2012 Subject: Dairy Queen incentive agreement LJILL E�% Summary Consideration of an economic incentive agreement for Aniri LLC, for purposes of development of a Dairy Queen. Background Aniri LLC has been seeking a site in Yorkville for development of a Dairy Queen, for the past several months. A few months ago, they had selected a site in Kendall Marketplace and began due diligence and design on the site. Toward the end of site design, Aniri LLC determined that the structure of the Kendall Marketplace SSA and the receivership of the property did not permit them to develop. They then began to look for other sites in other municipalities. At that time, the Mayor, YEDC Director Dubajic and members of City staff reached out to Aniri LLC to encourage them to stay in Yorkville. During the site design for the Kendall Marketplace location, Aniri LLC incurred costs for building design, engineering design, site plan review and building plan review. One of the issues for Aniri LLC in developing a new site was the reoccurrence of those costs. When Aniri LLC found the lot near the Blackstone subdivision, it became apparent that they would be paying their consultants and the City for items that had already been completed at the Kendall Marketplace site. The proposal put forth by the City, which Aniri LLC has indicated would be acceptable, is an economic incentive agreement for eventual reimbursement of those double consultant and City fees. An economic incentive agreement is attached that would rebate % of I% of local sales taxes to Aniri LLC for the next ten years or to a maximum of $30,000, whichever comes first. The end result is the construction and operation of a Dairy Queen. Recommendation Staff recommends approval of the economic incentive agreement. ECONOMIC INCENTIVE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND ANIRI LLC (Dairy Queen Grill and Chill) THIS ECONOMIC INCENTIVE AGREEMENT dated as of the day of , 2012, is by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and Aniri LLC, an Illinois Limited Liability Company(hereafter the "Developer"). WITNESSETH: WHEREAS, the City is a non-home-rule municipality pursuant to the Illinois Municipal Code and Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, the Developer has approached the City to propose that it acquire property located at 704 East Veterans Parkway (the "Subject Property") and construct a new commercial fast service restaurant with approximately 2,187 square feet to be operated as the Dairy Queen Grill and Chill (the "Project") on the condition that the City provides certain incentives an inducement to proceed with this major undertaking; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 511-1-1, et seq., (the "Code") as from time to time amended, and more specifically, Sec. 8-11-20 (the "Act"), the Corporate Authorities are empowered to enter into economic incentive agreements or redevelopment agreements relating to the development of property or improvements to properties within the City's corporate limits by which the City agrees to share or rebate a portion of any retailer's occupation taxes received by the City pursuant to the Illinois Retailers' Occupation Tax Act (35 ILCS 120/1 et seq.) ("1% Sales Tax") as a direct result of such development or redevelopment; and, 1 WHEREAS, before entering into an agreement to share or rebate sales taxes pursuant to the Act, the City must find that the Subject Property, if vacant, has remained vacant for over one year, that as a direct result of an agreement to rebate or abate sales taxes: the City will benefit through the retention or creation of jobs; experience a strengthening of the commercial environment within the City; provide for an enhancement of its tax base; and, serve as a catalyst for the commercial development of adjacent areas; and, WHEREAS, the City is prepared to make the findings as outlined above and such other findings as required by the Act and provide such incentives all as hereinafter set forth in order to induce the Developer to acquire the Subject Property and to proceed with the construction and operation of the Project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Economic Incentive Agreement and are hereby incorporated into and made a part hereof as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. Findings of the City pursuant to the Code. As authorized by the Act, the City hereby makes the following findings thereby authorizing the City to rebate a portion of the 1% Sales Tax as collected by the City under the Illinois Revenue Code in the amount and pursuant to the procedures, as set forth in Section 4 hereof- 2 A. the Subject Property is currently vacant and has been vacant for over one (1) year; B. the addition of a new business operation shall bring new employment opportunities to the City; C. that the development of property with a commercial structure, shall act as a catalyst development to adjacent vacant properties and strengthen the commercial sector of the municipality; D. that the Project shall enhance to tax base of the municipality; E. that after weeks of negotiation, it is evident that without the incentives as hereinafter set forth, the development of the Subject Property would not be possible; and, F. the Developer's ability to provide no less than ten percent (10%) of the equity required to undertake this acquisition of the Subject Property and the construction of the Project demonstrates the Developer's creditworthiness and financial strength. Section 3. The Developer's Obligations to the City. A. On or before December 31, 2012, the Developer shall have acquired fee simple title to the Subject Property. B. On or before February 28, 2013, the Developer shall have completed construction and have begun the operation of the Project and have certified to the City that it shall have employed approximately thirty-eight (38) full-time employees and thirty-five (35) part-time employees at said location. C. The Developer covenants and agrees that throughout the term of this Economic Incentive Agreement, the Developer shall: (i) continue to operate as a fast service restaurant and maintain its building and operation at the Subject Property in accordance with all applicable ordinances of the City and laws of this State; 3 (ii) use its best efforts to continue to employ approximately thirty-eight (38) full-time and thirty-five (35) part-time employees at the distribution center; and, (iii) remit all taxes (real estate, 1% sales taxes and any other lawfully assessed tax)when and in the amount due and owing. Section 4. Obligations on the Part of the City to the Developer. A. The City covenants and agrees after the commencement of the Developer's operations at the Subject Property (the "Commencement Date"), the City shall rebate to the Developer every three months following the Commencement Date (the "Quarterly Rebate"), fifty percent (50%) of the revenue distributed to the City from the 1% Sales Tax imposed pursuant to the Illinois Revenue Code from the Developer's retail operation at the Subject Property until the first to occur: (i) payment to the Developer an amount equal to $30,470.40 (representing costs for professional services such as engineering and plan review); or, (ii) the tenth (10th) anniversary of the date of issuance of a certificate of occupancy by the City. Section 5. Term of this Economic Incentive Agreement. This Economic Incentive Agreement shall commence upon its execution and, unless terminated earlier, pursuant to Section 12 hereof, shall terminate upon the earlier of(i) payment to the Developer of the Quarterly Rebate of the 1% Sales Tax in the amount of$30,740.00; or (ii)the tenth (10th) anniversary of the date hereof. Section 6. Mutual Agreements. (A) In order to calculate the amount of the each Quarterly Rebate of the 1% Sales Tax as hereinabove required to be paid to the Developer by the City, the Developer agrees to provide the City access to all data regarding sales and deposits of sales taxes with the Illinois Department 4 of Revenue for all retail businesses operating at the Subject Property during the term of this Economic Incentive Agreement. The City and the Developer shall jointly exercise reasonable efforts to establish a system with the Illinois Department of Revenue to arrange for the receipt of such information. Additionally, the Developer shall provide or cause to be provided to the City appropriate completed Illinois Department of Revenue sales tax returns, letters of authorization to release sales tax information, returns or powers of attorney to obtain the data reported thereon, from each business operating at the Subject Property. Failure to deliver or cause to be delivered, the necessary documentation to permit the City to access this information shall result in a waiver of the City's obligation to make any rebate to the Developer until such documentation is provided to the City. (B) Time is of the essence of this Economic Incentive Agreement; provided, however, a party shall not be deemed in material breach of this Economic Incentive Agreement with respect to any obligations arising from this Economic Incentive Agreement on such parry's part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, civil disorder, severe weather conditions, wet soil conditions, failure or interruptions of power, riots, insurrections, acts of terrorism, war, fuel shortages, accidents casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, or similar causes beyond the reasonable control of such party ("Force Majeure"). If one of the foregoing events occurs or either party claims that such an event occurred, the party to whom such claim is made shall investigate and consult with the party making such claim, and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall 5 commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. Section 7. The Developer Indemnification. The Developer shall indemnify and hold harmless the City, its agents, officers and employees against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs, and expenses (including any liabilities,judgments, costs and expenses and reasonable attorney's fees) which may arise directly or indirectly from the failure of the Developer, or any contractor, subcontractor, agent, or employee thereof(so long as such contractor, subcontractor, agent, or employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer, or materialman, from any default or breach of the terms of this Economic Incentive Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor, agent, or employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend, and pay all charges of attorneys, costs, and other expenses arising therefrom or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials, or employees in any such action, the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees, or contractors. Section 8. Waiver. Any party to this Economic Incentive Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any 6 right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Economic Incentive Agreement. Section 9. Severability. If any section, subsection, term, or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term, or provision of this Economic Incentive Agreement, or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section 10. Notices. All notices, demands, requests, consents, approvals, or other instruments required or permitted by this Economic Incentive Agreement shall be in writing and shall be executed by the party, or an officer, agent, or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Developer: Aniri LLC 704 East Veteran's Parkway Yorkville, Illinois 60560 Attn: Avani Patel With a copy to : To the City: Bart Olson, City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 7 With a copy to: Kathleen Field Orr Kathleen Field Orr&Associates 53 West Jackson Boulevard, Suite 935 Chicago, Illinois 60604 Section 11. Remedies—Liability. (A) If, in the City's judgment, the Developer is in material default of this Economic Incentive Agreement, the City shall provide the Developer with a written statement indicating any failure on the Developer's part to fulfill its obligations under this Economic Incentive Agreement. The City may not exercise any remedies against the Developer in connection with such failure until thirty (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Economic Incentive Agreement. A default not cured as provided above shall constitute a breach of this Economic Incentive Agreement. Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. (B) If the Developer materially fails to fulfill its obligations under this Economic Incentive Agreement after notice is given by the City and any cure periods described in paragraph (A) above have expired, the City may elect to terminate this Economic Incentive Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Economic Incentive Agreement. 8 (C) If prior to completion of the Developer's obligations pursuant to Section 3 hereof, any voluntary or involuntary petition or similar pleading under any section of any bankruptcy or insolvency act shall be filed by or against the Developer; or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer's debts; or the Developer makes an assignment for the benefit of its creditors; or a trustee or receiver is appointed for the Developer or for the major part of the Developer's property; the City may elect, but is not required to, terminate this Economic Incentive Agreement with or without notice, to the extent permitted by law and enforceable under applicable federal bankruptcy laws. In order to terminate this Economic Incentive Agreement for any reason described in this sub-section (c), the City's sole obligation shall be to record a Certificate of Default with the Kendall County Recorder's Office, executed by the Mayor and the Mayor's designee, stating that this Economic Incentive Agreement is terminated pursuant to the provisions of this Section 11(c), in which event this Economic Incentive Agreement shall ipso facto automatically become null and void and of no further force and effect. (D) If, in the Developer's judgment, the City is in material default of this Economic Incentive Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City's part to fulfill its obligations under this Economic Incentive Agreement. The Developer may not exercise any remedies against the City in connection with such failure until thirty(30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to 9 constitute a breach of this Economic Incentive Agreement. A default not cured as provided above shall constitute a breach of this Economic Incentive Agreement. Any failure or delay by the Developer in asserting any of its rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. (E) In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct, or remedy any default, or to obtain any other remedy consistent with the purpose of this Economic Incentive Agreement, either at law or in equity, including, but not limited to, the equitable remedy of an action for specific performance; provided, however, no recourse for any claim under or upon any obligation contained in this Economic Incentive Agreement shall be had against the City, its officers, agents, attorneys, representatives, or employees, in any amount or in excess of any specific sum agreed to be paid by the City pursuant to this Economic Incentive Agreement; and no liability, right, or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives, or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder, and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Economic Incentive Agreement by the City. (F) The rights and remedies of the parties are cumulative and the exercise by a party of one or more such rights or remedies shall not preclude the exercise, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. 10 Section 12. Amendment. This Economic Incentive Agreement, and any exhibits attached to this Economic Incentive Agreement, may be amended only in a writing signed by all parties with the adoption of any ordinance or resolution of the City approving the amendment, as provided by law, and by execution of the amendment by the parties or their successors in interest. Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, negotiations, and discussions relative to the Project. Section 13. Assignment. This Economic Incentive Agreement may not be assigned without the written consent of the City, which consent may not be unreasonably withheld. Section 14. Counterparts. This Economic Incentive Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Aniri LLC, an Illinois Limited Liability Company By: Its President Attest: Secretary 12 Reviewed By: �� •s► Legal Agenda Item Number Finance ❑ EDC #3 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development j� �� Police F-1 Public 2012-48 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: REP for sale of the Old Jail Meeting and Date: City Council— September 11, 2012 Synopsis: See attached ordinance and memo. Council Action Previously Taken: Date of Action: EDC 9/4/12 Action Taken: Forward to City Council. Item Number: Type of Vote Required: Majority Council Action Requested: Approval to go to RFP Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2012- ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, DIRECTING THE SALE OF REAL PROPERTY (111 West Madison Street) WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a non- home-rule municipality pursuant to Article VII, Section 7 of the Constitution of the State of Illinois of 1970 and the Illinois Municipal Code; and, WHEREAS, the City has determined that it is in the best interests of its citizens to sell certain real estate which is no longer needed for City operations, said property being commonly known as 111 West Madison Street, Yorkville, Illinois, identified as parcel number 05-38-287-001, and legally described as follows: Lots 1, 2, 3, and 4, all in Block 28, except any part taken for People of State of Illinois, of the Original Village of Yorkville, in Kendall County, Illinois, (the "Subject Property") all in accordance with the directions hereafter set forth. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section I. Pursuant to Section 11-76-2 of the Illinois Municipal Code (65 ILCS 5/1-14-1 et seq.), proceedings to sell the property commonly known as 111 West Madison, Yorkville, Illinois, as hereinabove legally described, which is no longer needed for City operations, is hereby determined to be in the best interest of the citizens of the United City of Yorkville are hereby approved; and, as required by said Section 11-76-2 of the Illinois Municipal Code, the City Administrator is hereby directed to publish a notice for three (3) consecutive weeks in the Kendall County Record, being a newspaper published in the United City of Yorkville, requesting bids on the sale of the Subject Property and including the following information: Ordinance 2012- Page 1 (i) The current zoning of the Subject Property is B-1, Limited Business District,which permits general commercial and offices uses; (ii) That all bids are to be sent to: BID Response — 111 W. Madison, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois, Attention: Bart Olson, City Administrator; and, (iii) That bids shall be accepted until 4:00 p.m. on October 23, 2012, and opened at a meeting of the City Council of the United City of Yorkville on October 23, 2012 at 7:00 p.m. Section 2. The first of the three (3) publications of the notice of sale shall occur on or before October 1, 2012. Section 3. The Mayor and City Council shall have the right to accept or reject any and all bids and may accept the high bid or any other bid determined to be in the best interest of the City by a vote 3/4ths of the Corporate Authorities then holding office, but only a majority vote is required to reject all bids. Section 4. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK Ordinance 2012- Page 2 ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Ordinance 2012- Page 3 Memorandum To: City Council EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: August 29, 2012 C<wrMY Sad �LE ��'` Subject: Resolution for the sale of public property Summary Consideration of a request for bids on the City's Old Jail, located at 111 W Madison Street. Background The City purchased the Old Jail from the County in 2010 for$160,000, utilizing a combination of IDOT funds for parking lot relocation($96,000) and DCEO funds for museum setup ($64,000). The DCEO tourism grant application and grant agreement is attached. The Old Jail parking lot, to be paid for from IDOT funds, will be constructed in the empty lot to the north of the jail building. The IDOT funds used to acquire the building and lot will be utilized for their intended purposes, and will not need to be returned should the City sell the jail building. The DCEO tourism grant funds for museum setup ($64,000) will probably have to be returned if the City chooses to sell the building. While the grant application and grant agreement makes references to the living history museum, the grant agreement clearly states the dollars were to be used for land acquisition only. Similar to the RFP for the Old Post Office, a few parties have inquired about the availability of the Old Jail property. As a non-home rule municipality, we can sell public property in only one of two ways. The first method involves hiring a real estate agency, public auctioneer, or directing staff to sell the property,but not at a price less than 80% of an appraised value. This method ends up costing the municipality in real estate agency fees or auction fees, and requires the municipality to spend money getting an appraisal. Further, this first method does not allow the municipality to sell property at less than 80% of its appraised price—even though there may be good reasons for doing so (such as stimulating downtown development). The second method to sell property involves an RFP process. The municipality firsts passes a resolution directing staff to solicit bids (contemplated in this agenda item), to publish notices soliciting bids, and to set a date where the proposals are opened by the City Council and reviewed. After the opening, the City Council may select any proposal they see as beneficial, and approve it with a 3/4 majority. This sale method offers the City more flexibility in the final proposal by being able to trade a lower purchase price for development commitments (i.e. maybe we would consider selling it for cheaper, if the property were significantly renovated). It also gives the City an auction-type process,perhaps encouraging more developers to come forward with better bids. Finally, the RFP process still allows the City to reject all bids should they decide not to sell the property. For these reasons, staff recommends the RFP process as the preferred method to sell public property, if the City Council chooses to explore the sale of the Old Jail. Recommendation Staff is seeking direction from the City Council on initiating a request for bids through the RFP process by resolution. `� 13 fry Reviewed By: �� •s► Legal Agenda Item Number Finance ❑ EDC #4 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development ❑ j� �� Police F-1 Public 2012-33 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Sixth amended intergovernmental agreement for the AACVB Meeting and Date: City Council— September 11, 2012 Synopsis: Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator CC: Date: September 5, 2012 Subject: Sixth amended IGA for the AACVB LJILL E�% Summary Consideration of an extension to the intergovernmental agreement for the Aurora Area Convention and Visitor's Bureau. Background This item was last discussed at the August 28th City Council meeting. At that meeting, the Council tabled consideration of the item to the September 4th EDC meeting. At the September EDC meeting, the committee discussed the merits of the AACVB extension, the Pesola Media Group presentation, and an in-house tourism administration. Ultimately, the EDC recommended that the AACVB agreement would be forwarded to City Council as originally proposed. No official recommendation was offered, but the conversation at the end of the discussion was focused on the AACVB proposal being the best option out of all three with some disagreement as to whether the terms (5 years, 90% of hotel taxes)were acceptable. At the EDC meeting, representatives from Raging Waves, Hampton Inn, and the Super 8 were in attendance. While each group had their own wishes for areas of improvements with the AACVB, each group expressed their strong recommendation that the City should stay with the AACVB and each thought the AACVB was heading in the right direction. The rationale of each group relied primarily on the manpower and resources that the AACVB has at its disposal ($1.1 million budget), and the fact that the AACVB has expertise in convention recruitment, which Pesola Media Group did not discuss. The Hampton Inn representatives pointed out in the meeting that 80-90% of Yorkville's hotel tax dollars generated either by the Hampton Inn or the Super 8, which are both owned by the same individual. So, they felt they had a direct stake in the decision. Each group did state that they will be in attendance at the City Council meeting to support the extension to the AACVB agreement. Chris Hamilton of the AACVB was also in attendance at the meeting. He was asked various questions from the committee about the AACVB's future actions. A few of the items discussed included the work of the AACVB in landing and assisting with the logistics of large conventions. Both the Hampton Inn in Yorkville and the Timber Creek Inn in Sandwich have benefited from assistance from the AACVB, and even from each other. Each benefit directly from the AACVB because the AACVB has budget and the manpower to pay for and plan shuttles to and from the hotel and local attractions. For instance, the AACVB will pay for shuttles to go to and from the Hampton Inn to Raging Waves during a convention at the Hampton Inn. The Hampton Inn benefits from Timber Creek Inn's work with the AACVB because Timber Creek Inn is the largest local convention center, and the Hampton Inn gets the spillover booking from the convention attendees, or regular bookings being forced to look at a different hotel. Another item discussed with Mr. Hamilton involved Yorkville's benefit of being a part of the AACVB. He did report that Raging Waves and Hampton Inn are both being given a seat on the AACVB board, bringing Yorkville's representation to 3, with a strong possibility to add a fourth seat. He was also asked to commit to quarterly updates in front of the City Council, which he has consented to, in writing(attached). Finally, the AACVB is in the process of updating its by-laws, and he has provided a brief summary in the attached memo. The proposal for a 3-year agreement was presented to the AACVB board and was formally rejected. The EDC did recommend a smaller share of the hotel tax dollars (80%), but Mr. Hamilton surmised that request would not be favorable to the AACVB. Recommendation While there may be some dissatisfaction with the terms of the agreement(5-years and 90%), 9 other municipalities either have or are expected to approve an extension with those terms. Staff feels the AACVB represents the best use of hotel taxes for Yorkville, and we think the efforts spent trying to garner a larger percentage of hotel taxes are not likely to be accepted by the AACVB board. Staff recommends approval of the agreement. qi jrorp.,_ area convention &visitors bureau 43 W. Galena Blvd., Aurora IL 60506-4129 chris @enjoyaurora.com Tel. 630.256.3190 Sept. 5, 2012 Bart Olson United City of Yorkville 800 Game Farm Rd. Yorkville IL 60560 RE: AACVB commitments Dear Bart: I just wanted to confirm the commitments made to Yorkville last night regarding reporting and representation on the Aurora Area Convention &Visitors Bureau board of directors. As mentioned last night, Yorkville's representation on the AACVB board will increase by two members immediately. They will be chair-appointed ex-officio members but the seats will be specifically dedicated to Yorkville lodging and Yorkville's No. 1 attraction, and one of the Aurora Area's largest attractions, Raging Waves. We are also reviewing our bylaws, particularly the section that deals with structure of the membership. Even if we don't add more lodging seats, Yorkville's lodging will have a seat and Raging Waves is in, whether they remain an ex-officio or we name standing seats for them as long as we have an intergovernmental agreement with Yorkville. Furthermore, I will work with Yorkville's city council to schedule quarterly meetings at which time I will report on AACVB activities. The format can be determined later as the schedule is ironed out but I have no problem reporting to the entire board or a committee. Sincerely, c a "- Chris Hamilton Executive Director SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT THIS SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amendment") made effective the 15th day of December 2012 by and between the cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano"), Sandwich (hereinafter "Sandwich") and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter "Big Rock"), Montgomery (hereinafter "Montgomery"), North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all being municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH: WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter the "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended by the Municipalities referenced therein extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December 15, 1997; and WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 1997 through December 15, 2002, which was subsequently joined by Plano; and WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and WHEREAS, effective December 15, 2007, a Fifth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2007 through December 15, 2012; and WHEREAS, the Municipalities have agreed to a Sixth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2012 through December 15, 2017. NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1. That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2012 through December 15, 2017 as between all of the Municipalities. 2. That except as set forth in this Sixth Amendment and in the prior Amendments thereto, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. 1 IN WITNESS WHEREOF, the parties hereto have caused this Sixth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY, a municipal corporation ATTEST: Village Clerk Village President UNITED CITY OF YORKVILLE, a municipal corporation ATTEST: City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH, a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 2