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City Council Packet 2011 11-08-11 United City of Yorkville 800 Game Farm Road esr. _. ,ass Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 0.� K. Co..' `,�. Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday,November 8, 2011 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV George Gilson,Jr. Jackie Milschewski Marty Munns Rose Ann Spears Carlo Colosimo Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: 1. Swearing in of Patrol Officer Roman M. Soebbing Public Hearings: 1. Tax Levy Citizen Comments: Consent Agenda: 1. CC 2011-123 Bills for Payment- $651,261.14 2. ADM 2011-58 Ordinance Amending the Code of Ordinances to Remove the Human Resources Commission—authorize Mayor and City Clerk to execute 3. ADM 2011-61 Leaf Burning in Unincorporated Areas—authorize Mayor to send letter to the Kendall County Board regarding request to limit leaf burning to areas farther than one-half mile from incorporated areas and incorporated county residents 4. ADM 2011-49 Ordinance Providing for the Submission to the Electors of the United City of Yorkville, Kendall County, the Public Question Whether the City Should Have the Authority under the Illinois Power Agency Act and Public Act 96-176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Retail Customers Who Have Not Opted Out of Such Program—authorize Mayor and City Clerk to execute 5. ADM 2011-24 An Ordinance Regarding City Council Procedures—authorize Mayor and City Clerk to execute 6. EDC 2011-44 Ordinance Requiring the Issuance of a Certificate of Occupancy Prior to the Transfer of Electric Utility Service for a New or Different Business Use—authorize Mayor and City Clerk to execute City Council Meeting Agenda November 8, 2011 Page 2 Consent Agenda (cont'd): 7. PS 2011-30 Intergovernmental Agreement Between the United City of Yorkville and the Bristol Kendall Fire Protection District for the Location of a Severe Weather Warning Siren—authorize Mayor and City Clerk to execute 8. PS 2011-31 Ordinance Regarding the Regulation of Fireworks—authorize Mayor and City Clerk to execute 9. PS 2011-32 Ordinance Prohibiting Public Urination or Defecation—authorize Mayor and City Clerk to execute Minutes for Approval: 1. CC 2011-124 City Council Minutes—October 25, 2011 Mayor's Report: Public Works Committee Report: 1. PW 2011-56 Pavement Management Study Economic Development Committee Report: 1. EDC 2011-33 Ordinance Approving an Economic Incentive Agreement Between the United City of Yorkville and Boombah Public Safety Committee Report: Administration Committee Report: 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: 1. For the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Adjournment: City Council Meeting Agenda November 8, 2011 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------, !PUBLIC WORKS: November 15, 2011 -6: 00 p.m.-City Hall Conference Room;' -_ -_ _ _ _- UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, November 8, 2011 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Swearing in of Patrol Officer Roman M. Soebbing ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Tax Levy ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-123 Bills for Payment- $651,261.14 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-58 Ordinance Amending the Code of Ordinances to Remove the Human Resources Commission ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2011-61 Leaf Burning in Unincorporated Areas ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2011-49 Ordinance Providing for the Submission to the Electors of the United City of Yorkville, Kendall County, the Public Question Whether the City Should Have the Authority under the Illinois Power Agency Act and Public Act 96-176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Retail Customers Who Have Not Opted Out of Such Program ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2011-24 An Ordinance Regarding City Council Procedures ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2011-44 Ordinance Requiring the Issuance of a Certificate of Occupancy Prior to the Transfer of Electric Utility Service for a New or Different Business Use ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. PS 2011-30 Intergovernmental Agreement Between UCOY and BKFD for the Location of a Severe Weather Warning Siren ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 8. PS 2011-31 Ordinance Regarding the Regulation of Fireworks ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 9. PS 2011-32 Ordinance Prohibiting Public Urination or Defecation ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-124 Minutes of the City Council—October 25, 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2011-56 Pavement Management Study ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2011-33 Ordinance Approving an Economic Incentive Agreement Between the United City of Yorkville and Boombah ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- C/�.� Reviewed By: J? A O Agenda Item Number � - Legal ! 1836 Finance ■ Public Hearing#1 EST. ❑ City Administrator ■ O ��.,al ` Human Resources ❑ Tracking Number CbNIY Seat Community Development ❑ L `��, Police C E ❑ Public Works ❑ Agenda Item Summary Memo Title: Tax Levy Public Hearing Meeting and Date: City Council—November 8, 2011 Synopsis: Council Action Previously Taken: Date of Action: CC 10/25/11 Action Taken: Approval of tax levy estimate Item Number: ADM 2011-56 Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: o Memorandum •. To: Mayor& City Council esr -� `°' — 1836 From: Rob Fredrickson, Finance Director Date: November 3, 2011 . •.co Subject: Proposed 2011 Tax Levy i, NeWa 1—Y LrLL E Please see attached for the proposed 2011 Tax Levy, which would fund fiscal year 2012–2013. The amounts presented also include the requested and extended amounts for the levy years 2009 -2010, along with corresponding rates, for comparative purposes. It has been estimated by the County Assessor that the equalized assessed valuation(EAV) of property within the City will decrease by approximately 8 to 9% from the previous year. The total estimated dollar amount for the 2011 levy(excluding debt service)under the tax cap is$3,526,060,which represents an increase of$201,643 in comparison to what was extended last year. The result of the increase in the tax cap is due to the CPI(1.5%) and an estimated$6.9 million(which includes $3 million of increment from the Fox Industrial TIF) in new construction EAV being added to the tax rolls. The majority of the $201,643 levy increase will be going towards the Police Pension Fund($138,716 increase over the 2010 extended amount),which will bring their levy more in line with the recommended actuarial tax levy requirement for the fund. In addition,the Library has requested an increase of$25,000 over their previous year's levy amount. Proposed debt service(City bonds&interest)amounts have also been included,totaling$730,000,which represents a decrease of$1.48 million in comparison to what was extended in the previous year. This debt service levy amount includes$326,379 for the Series 2005A Bonds (Debt Service Fund), $133,454 for the Series 2007A Bonds (Water Fund) and$270,167 for the Series 2004B Bonds(Sewer Fund). The amounts that were approved for public hearing by the City Council are included within the attached public hearing notice and proposed tax levy spreadsheet. In general,the City is requesting$3,626,060 for City and Library operations, with an additional $1,525,488 to be levied for Library (795,488) and City ($730,000) debt service. Of the$3,626,060, we expect the PTELL tax-cap to come in at approximately $3,526,060. Requesting$3,626,060 allows a margin of error on our estimate of the tax cap(due to EAV figures not being finalized with the County), allows us to discuss any amount less than that figure (discussion of an amount more than$3,626,060 would require another public hearing to be held), and, if approved, would secure the maximum amount allowed under the tax cap. The process for establishing the City's property tax levy consists of three main parts: 1. Council votes to approve the tax levy estimate(completed at the October 25`h CC meeting) 2. Hold a public hearing on the tax levy estimate(to be conducted at the November 8`h CC meeting) 3. Council votes to approve the tax levy ordinance(either the November 22nd or December 13`h CC meeting) Per state statute,the deadline for filing the levy with the County is Tuesday,December 27`h, which means the levy cannot be voted on that evening. Council can change the tax levy amounts at any point between now and final approval of the tax levy ordinance in December. 2009 Rate Setting 2010 Rate Setting 2011 Estimated Property Type EAV Property Type EAV Property Type Rate Setting EAV Fart $ 2,524,355 Farm $ 2,398,027 Total $ 491,594,571 Residential $ 444,422,818 Residential $ 407,528,709 Commercial $ 124,381,958 Commercial $ 122,304,406 New Property $ 6,931,809 Includes Fox Industrial TIF I-cnt Industrial S 6,921,977 Industrial $ 6,820,310 State Railroad $ 17,328 State Railroad $ 17,328 Total City S 578,268,436 Total City S 539,068,780 Total City $ 498,526,380 2009 2009 2009 2010 2010 2010 2011 2011 Est %Changeover Levy Request Levy Extension Variance Actual Rate Actual Rate Levy Request Levy Extension Variance Estimated Rate Levy Request Prior Yr Ext. Corporate $ 683,500 $ 657,896 $ 25,604 0.11377 0.15284 $ 823,874 $ 793,563 $ 30,311 0.23490 $ 1,171,060 47.57% Bonds&Interest* S - $ - $ - 0.00000 0.41048 $ 2,212,735 S 2,212,770 S (35) 0.14643 $ 730,000 -67.01% IMRF Pension $ 466,991 $ 449,719 $ 17,272 0.07777 0.08343 $ 449,719 $ 433,303 $ 16,416 0.09027 $ 450,000 3.85% Police Protection $ 350,903 $ 337,940 S 12,963 0.05844 0.06439 $ 347,098 $ 334,384 $ 12,714 0.07021 $ 350,000 4.67% Police Pension $ 350,000 $ 337,073 $ 12,927 0.05829 0.06957 $ 375,000 S 361,284 $ 13,716 0.10030 $ 500,000 38.40% Audit $ 57,000 $ 54,936 S 2,064 0.00950 0.01020 S 54,936 $ 52,990 $ 1,946 0.00802 $ 40,000 -24.51% Liability Insurance $ 350,000 $ 337,073 S 12,927 0.05829 0.06384 $ 344,129 $ 331,527 S 12,602 0.00802 $ 40,000 -87.93% Social Security $ 317,124 S 305,441. $. 11,683 0.05282 0.05667 $ 305,441 $ 294,332 S 11,109 0.06018 $ 300,000 1.93% School Crossing Guard $ 25,000 $ 24,114 $ 886 0.00417 0.00460 $ 24,767 $ 23,935 $ 832 0.00501 $ 25,000 4.45% Unemployment Insurance $ 25,788. $ 24,866 $ 972 0.00430 0.00464 $ 25,000 $ 24,098 $ 902 0.01003 $ 50,000 107.48% Subtotal City $ 2,626,306 $ 2,529,057 $ 97,249 0.43735 0.92066 $ 4,962,699 S 4,862,187 S 100,512 0.73337 $ 3,656,060 -24.81% Library Operations $ 650,000 $ 650,012 $ (12) 0.11241 0.12522 $ 675,000 $ 675,000 $ (0) 0.14041 $ 700,000. 3.70% Library Bonds&Interest $ 605.925 $ 605,949 $ (24) 0.10479 0.13372 $ 720,800 $ 720,820 $ (20) 0.15957 $ 795,488 10.36% Subtotal Library $ 1,255,925 $ 1,255,961 $ (36) 0.21720 0.25894 $ 1,395,800 $ 1,395,820 $ (20) 0.29998 $ 1,495,488 7.14% Total City(PTELL&Non-PTELL) $ 3,882231 S 3,785,018 $ 97,213 0.65455 1.17960 $ 6,358,499 S 6,258,007 $ 100,492 1.03336 $ 5,151,548 -17.68% less Bonds&Interest S 605,925 $ 605,949 $ (24) 0.10479 0.54420 $ 2,933,535 S 2,933,589 $ (20) 0.30600 $ 1,525,488 -48.00% PTELL Totals $ 3,276,306 S 3,179,069 $ 97,237 0.54976 0.63540 $ 3,424,964 $ 3,324,417 $ 245,895 0.72736 $ 3,626,060 9.07% City 2,374,964 2,288,133 City 2,426,060 Library 675,000 675,000 Library 700,000 Police Pension 375,000 361,284 Police Pension 500,000 City Debt 2,212,735 2,212,770 City Debt 730,000 Library Debt 720,800 720,820 Library Debt 795,488 Total 6,358,499 6,258,007 Total 5,1.51,548 less Bonds&Interest 2,933,535 2,933,589 less Bonds&Interest 1,525,488 PTELL Subtotal 3,424,964 3,324,417 PTELL Subtotal 3,626,060 2011 Levy Debt Service Breakout Series 2005A (42) $ 326,379 Series 2007A (51) $ 133,454 Series 2004B (52) $ 270,167 Total S 730,000 2009 Rate Setting 2010 Rate Settine 2011 Esiimated Property Type EAV Property Type EAV Property Tvoe Rate Settine EAV Farm S 2,524,355 Farts S 2,398,027 Total S 491,594,571 Residential S 444,422,818 Residential S 407,528,709 Commercial S 124,381,958 Commcetal S 122,304,406 New Property 5 6,931,809 Includes Fox Industrial TIF Incr m Industrial S 6,921,977 Industrial $ 6,820,310 Slate Railroad S 17,328 Slate Railroad S 17,328 Total City S 578,268,436 Total City S 539,068,780 Total City S 498,526,380 2009 2009 2009 2010 2010 2010 2011 2011 Est. %Change over Lew Request Levy Extensiop Variance Actual Rate Actual Rate Levy Request Lew Extensiup Variance Estimated Rate Levy Request Prior Yr Ezt. Corporate S 683,500 S 657,896 S 25,604 0.11377 0.15284 S 823,874 S 793,563 S 30,311 0.21485 S 1,071,060 34.97% Bonds&Imaml S - S - S - 0.00000 0.41048 S 2,212,735 S 2,212,770 S (35) 0.14643 5 730,000 -67.01% IMRF Pension S 466,991 S 449,719 S 17,272 0.07777 0.08343 S 449,719 S 433,303 S 16,416 0.09027 S 450,000 3.85% Police Protection S 350,903 S 337,940 S 12,963 0.05844 0.06439 S 347,098 S 334„384 S 12,714 0.07021 S 350,000 4.67% Police Pension S 350,000 S 337,073 S 12,927 0.05829 0.06957 S 375,000 S 361,284 S 13,716 0.10030 S 500,000 38.40% Audit S 57,000 S 54,936 S 2,064 0.00950 0.01020 S 54,936 S 52,990 S 1,946 0.00802 $ 40,000 -24.51% Liabilrty 1-nce S 350,000 S 337,073 S 12,927 0.05829 0.06384 S 344,129 S 331,527 S 12,602 0.00802 $ 40,000 -87.93% Social Security S 317,124 S 305,441 S 11,683 0.05282 0.05667 S 305,441 S 294,332 S 11,109 0.06018 S 300,000 1.93% School Crossing Guard S 25,000 S 24,114 S 886 0.00417 0.00460 S 24,767 S 23,935 S 832 0.00501 S 25,000 4.45% U employment Insurance S 25,789 S 24.866 S 922 0.00430 0.00464 5 25,000 S 24,098 S 902 0.01003 S 50,000 107.48 Subtotal City S 2,626,306 S 2,529,057 S 97,249 0.43735 0.92066 $ 4,962,699 S 4,862,187 S 100,512 0.71331 S 3,556,060 -26.86% Library Operations S 650,000 S 650,012 S (12) 0.11241 0.12522 S 675,000 S 675,000 S (0) 0.14041 S 700,000 3.70% Library Bonds.&Interest S 605,925 S 605,949 S (24) 0.10479 0.13372 S 720,800 S 720,820 $ (20) 0.15957 S 795,488 1036% Subtotal Library S 1,255,925 S 1,255,961 S (36) 0.21720 0.25894 $ 1,395,800 5 1,395,820 S (20) 0.29998 S 1,495,488 7.14% Total City(PTELL&Non-PTELL) S 3,882,231 S 3,785,018 S 97,213 0.65455 1.17960 S 6,358,499 S 6,258,007 S 100,492 1,01330 $ 5,051,548 49.28% I-Bonds&Interest S 605,925 S 605,949 S (24) 0.10479 0.54420 S 2,933.515 S 2,973,589 S (20) 0.30600 S 1,525;488 -4800% PTELL Totals S 3,276,306 S 3,179,069 S 97,237 0.54976 0.63540 $ 3,424,964 S 3,324,417 S 245,895 0.70730 S 3,526,060 6.07 `,`�O C/Ty Reviewed By: Agenda Item Number J� t''. 0'0 Legal ❑ CA#1 EST. `� 1836 Finance .�\, Engineer ❑ Tracking Number °< v� City Administrator ❑ Public Works ❑ �a CC 2011-123 ❑ Agenda Item Summary Memo Title: Bill Payments - $651,261.14 Meeting and Date: City Council 10/25/11 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: Rachel Wright Finance Name Department Agenda Item Notes: DATE: 10/31/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 13: 08: 04 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/31/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------ 512171 YORKPOST YORKVILLE POSTMASTER 103111-UBPOSTAGE 10/31/11 01 WATER OP-POSTAGE FOR UB BILLS 51-510-54-00-5952 1,297 . 98 INVOICE TOTAL: 1, 297 . 98 CHECK TOTAL: 1, 297. 98 TOTAL AMOUNT PAID: 1, 297. 98 P1 DATE: 11/01/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:47 : 11 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/01/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512172 YORKPOST YORKVILLE POSTMASTER 110111 11/01/11 01 WATER OP-POSTAGE FOR UB BILLS 51-510-54-00-5452 683. 40 INVOICE TOTAL: 683. 40 CHECK TOTAL: 683.40 TOTAL AMOUNT PAID: 683.40 P2 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512173 AACVB AURORA AREA CONVENTION 093011-ALL 10/24/11 01 ADMIN SERVICES-ALL SEASON 01-640-54-00-5481 21.84 02 HOTEL TAX FOR SEPTEMBER 2011 ** COMMENT ** INVOICE TOTAL: 21.84 * 093011-HAMPTON 10/25/11 01 ADMIN-HAMPTON INN HOTEL TAX 01-640-54-00-5481 4, 512.06 02 FOR SEPTEMBER 2011 ** COMMENT ** INVOICE TOTAL: 4, 512.06 * 093011-SUPER 10/19/11 01 ADMIN SERVICES-SUPER 8 HOTEL 01-640-54-00-5481 1, 353.79 02 TAX FOR SEPTEMBER 2011 ** COMMENT ** INVOICE TOTAL: 1,353.79 * CHECK TOTAL: 5, 887. 69 512174 ALFORDR RICHARD ALFORD, PH.D. 100711 10/07/11 01 POLICE-POST-OFFER 01-210-54-00-5411 300.00 02 PSYCHOLOGICAL FITNESS FOR DUTY ** COMMENT ** 03 EVALUATION ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 512175 ARAMARK ARAMARK UNIFORM SERVICES 610-7256366 10/18/11 01 STREETS-UNIFORMS 01-410-56-00-5600 28.05 02 WATER OP-UNIFORMS 51-510-56-00-5600 28.06 03 SEWER OP-UNIFORMS 52-520-56-00-5600 28.06 INVOICE TOTAL: 84.17 CHECK TOTAL: 84 .17 512176 ATLAS ATLAS BOBCAT B18341 10/13/11 01 STREETS-FILTER 01-410-54-00-5495 10.39 INVOICE TOTAL: 10.39 CHECK TOTAL: 10.39 P3 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 16 :28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512177 ATT AT&T 842804266-8-1011 10/09/11 01 ADMIN-OCTOBER INTERNET SERVICE 01-110-54-00-5440 587.57 INVOICE TOTAL: 587.57 CHECK TOTAL: 587.57 512178 BANCAMER BANC OF AMERICA LEASING 012000331-CITY 10/22/11 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 01-220-54-00-5485 136.50 04 ENG-COPIER LEASE 01-150-54-00-5485 136.50 05 POLICE-COPIER LEASE 01-210-54-00-5485 178 .00 06 POLICE-COPIER LEASE 01-210-54-00-5485 99.00 07 WATER OP-COPIER LEASE 51-510-54-00-5485 33.00 08 STREETS-COPIER LEASE 01-410-54-00-5485 33.00 09 SEWER OP-COPIER LEASE 52-520-54-00-5485 33.00 INVOICE TOTAL: 935.00 CHECK TOTAL: 935.00 512179 BARCA BARCA ENTERPRISES, INC. 100111 10/21/11 01 POLICE-OFFENDER REGISTRATION 01-210-56-00-5635 300.00 02 SYSTEM USE, SUPPORT AND ANNUAL ** COMMENT ** 03 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 300.00 * CHECK TOTAL: 300.00 512180 BRENNTAG BRENNTAG MID-SOUTH, INC. BMS098887 10/10/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 1, 650.00 INVOICE TOTAL: 1, 650.00 * BMS890679 10/11/11 01 WATER OP-DRUM RETURN CREDIT 51-510-56-00-5638 -550.00 INVOICE TOTAL: -550.00 * CHECK TOTAL: 1, 100.00 P4 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512181 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-1011C 10/15/11 01 ADMIN-MONTHLY CHARGES 01-110-54-00-5440 187.03 02 ADMIN-CITY HALL NORTEL 01-110-54-00-5440 261 . 66 03 POLICE-CITY HALL NORTEL 01-210-54-00-5440 261. 66 04 WATER OP-CITY HALL NORTEL 51-510-54-00-5440 261 . 66 05 POLICE-MONTHLY CHARGES 01-210-54-00-5440 1, 648 .39 06 POLICE-CITY HALL FIRE 01-210-54-00-5440 44 . 60 07 ADMIN-CITY HALL FIRE 01-110-54-00-5440 44 . 60 08 WATER OP-PW MONTHLY CHARGES 51-510-54-00-5440 951 .37 INVOICE TOTAL: 3, 660.97 * CHECK TOTAL: 3, 660.97 512182 CAMBRIA CAMBRIA SALES COMPANY INC. 31393 07/11/11 01 ADMIN-TOWELS, SOAP 01-110-56-00-5610 89.42 INVOICE TOTAL: 89.42 * 31700 10/11/11 01 ADMIN-BROWN TOWELS 01-110-56-00-5610 20.50 INVOICE TOTAL: 20.50 * CHECK TOTAL: 109.92 512183 CDWG CDW GOVERNMENT INC. ZBX6095 07/22/11 01 FINANCE-COPY OF ACROBAT 01-120-56-00-5635 214 .00 INVOICE TOTAL: 214 .00 * ZZQ6048 10/14/11 01 FINANCE-2 COPIES OF ACROBAT 01-120-56-00-5635 583.14 INVOICE TOTAL: 583.14 * CHECK TOTAL: 797.14 512184 CENSOD CENTRAL SOD INV52052 10/10/11 01 LAND CASH-SOD 72-720-60-00-6036 384 .00 INVOICE TOTAL: 384 .00 * P5 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512184 CENSOD CENTRAL SOD INV52147 10/10/11 01 LAND CASH-SOD 72-720-60-00-6036 1, 626.00 INVOICE TOTAL: 1, 626.00 INV52148 10/10/11 01 LAND CASH-SOD 72-720-60-00-6036 1, 626.00 INVOICE TOTAL: 1, 626.00 CHECK TOTAL: 3, 636.00 512185 CNASURET CNA SURETY 091611 09/16/11 01 ADMIN-NOTARY PUBLIC BOND 01-110-54-00-5462 30.00 INVOICE TOTAL: 30.00 * CHECK TOTAL: 30.00 512186 COMED COMMONWEALTH EDISON 1183088101-1011 10/25/11 01 SEWER OP-LIFT STATIONS 52-520-54-00-5480 117.71 INVOICE TOTAL: 117.71 * 2668047007-1011 10/25/11 01 SEWER OP-1908 RAINTREE ROAD 52-520-54-00-5480 149.04 INVOICE TOTAL: 149.04 * 4329092028-0911 10/19/11 01 STREETS-LIGHTS 01-410-54-00-5480 982. 10 INVOICE TOTAL: 982.10 * 6963019021-0911 10/12/11 01 STREETS-LIGHTS 01-410-54-00-5480 12. 65 INVOICE TOTAL: 12. 65 * 8344010026-0911 10/20/11 01 STREETS-STREET LIGHTS 01-410-54-00-5480 255. 60 INVOICE TOTAL: 255. 60 * CHECK TOTAL: 1, 517.10 512187 CUSTOM CUSTOM SIGNS P6 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512187 CUSTOM CUSTOM SIGNS 101711 10/17/11 01 FOX INDUSTRIAL-DEPOSIT FOR TWO 85-850-56-00-5619 11,235.90 02 MULTI-TENNANT BUSINESS ** COMMENT ** 03 SIGNS FOR FOX INDUSTRIAL PARK ** COMMENT ** INVOICE TOTAL: 11,235.90 CHECK TOTAL: 11, 235.90 512188 EEI ENGINEERING ENTERPRISES, INC. 49798 09/22/11 01 DEVELOPER ESCROW-PRESTWICK 90-008-08-00-0011 501.00 02 OF YORKVILLE ENGINEER WORK ** COMMENT ** INVOICE TOTAL: 501.00 49799 09/22/11 01 DEVELOPER ESCROW-KENDALLWOOD 90-010-10-00-0011 334 .00 02 ESTATES ENGINEERING WORK ** COMMENT ** INVOICE TOTAL: 334 .00 CHECK TOTAL: 835.00 512189 EJEQUIP EJ EQUIPMENT 0047444 10/18/11 01 SEWER OP-UPC-CONNECTORS 52-520-56-00-5640 136. 91 INVOICE TOTAL: 136. 91 CHECK TOTAL: 136.91 512190 ENCAP ENCAP, INC. 22811 09/28/11 01 DEVELOPER ESCROW-FOX HILL UNIT 90-014-14-00-1111 1,080.00 02 7 ANNUAL MONITORING FIELD WORK ** COMMENT ** INVOICE TOTAL: 1,080.00 22829 09/28/11 01 DEVELOPER ESCROW-FOX HILL UNIT 90-014-14-00-1111 1, 350.00 02 7 STORMWATER MANAGEMENT OF ** COMMENT ** P7 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512190 ENCAP ENCAP, INC. 22829 09/28/11 03 INVASIVE SPECIES ** COMMENT ** INVOICE TOTAL: 1, 350.00 * CHECK TOTAL: 2, 430.00 512191 EXELON EXELON ENERGY 200306900170 10/09/11 01 STREETS-LIGHTS 01-410-54-00-5480 165.05 INVOICE TOTAL: 165. 05 * 200307000140 10/21/11 01 WATER OP-LIGHTS 51-510-54-00-5480 2, 929. 66 INVOICE TOTAL: 2, 929. 66 * CHECK TOTAL: 3, 094 .71 512192 EYEMED FIDELITY SECURITY LIFE INS. 4467389 10/22/11 01 ADMIN-NOVEMBER VISION 01-640-52-00-5223 838.85 INVOICE TOTAL: 838.85 * CHECK TOTAL: 838.85 512193 FIRST FIRST PLACE RENTAL 216075-1 09/27/11 01 LAND CASH-HARLEY RAKE TRACTOR 72-720-60-00-6036 2, 145.00 INVOICE TOTAL: 2, 145.00 * 217811-2 10/12/11 01 STREETS-SCARIFIER O1-410-54-00-5485 148.50 INVOICE TOTAL: 148 .50 * 217873-1 10/13/11 01 WATER OP-MARKING FLAGS 51-510-56-00-5620 85. 92 INVOICE TOTAL: 85. 92 * CHECK TOTAL: 2, 379.42 P8 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512194 FREDRICR ROB FREDRICKSON 110111 11/01/11 01 FINANCE-MOBILE EMAIL FOR 01-120-54-00-5440 45.00 02 OCTOBER 2011 ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512195 FVFS FOX VALLEY FIRE & SAFETY 654774 10/06/11 01 STREETS-OCTOBER SPRINKLER 01-410-56-00-5656 345.00 02 ANNUAL INSPECTION ** COMMENT ** INVOICE TOTAL: 345.00 CHECK TOTAL: 345.00 512196 GENEVA GENEVA CONSTUCTION 101811 10/18/11 01 WATER OP-WATER METER DEPOSIT 51-000-44-00-4425 800.00 02 REFUND ** COMMENT ** INVOICE TOTAL: 800.00 CHECK TOTAL: 800.00 512197 GODWINL LISA GODWIN 101911 10/21/11 01 ADMIN-OCTOBER 19, 2011 01-110-54-00-5462 25.26 02 CULTURAL COMMISSION MEETING ** COMMENT ** 03 MINUTES ** COMMENT ** INVOICE TOTAL: 25.26 CHECK TOTAL: 25.26 512198 GOLINSKI GARY GOLINSKI 110111 11/01/11 01 ADMIN-MOBILE EMAIL FOR OCTOBER 01-110-54-00-5440 45.00 P9 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000 .WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512198 GOLINSKI GARY GOLINSKI 110111 11/01/11 02 2011 ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 512199 GOODWINL LISA R. GOODWIN 102611 10/26/11 01 ADMIN-10/20/11 ADMIN. MEETING 01-110-54-00-5462 113.75 INVOICE TOTAL: 113.75 * CHECK TOTAL: 113.75 512200 HARRIS HARRIS COMPUTER SYSTEMS CT001523 09/30/11 01 FINANCE-MSI UPGRADE 01-120-54-00-5462 450.00 INVOICE TOTAL: 450.00 * CT001526 09/30/11 01 FINANCE-MSI UPGRADE 01-120-54-00-5462 1, 617 .50 INVOICE TOTAL: 1, 617.50 * CHECK TOTAL: 2, 067.50 512201 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 3849943 10/13/11 01 WATER OP-22 GAUGE WIRE 51-510-56-00-5664 81 .47 INVOICE TOTAL: 81 .47 * CHECK TOTAL: 81.47 512202 HOMEDEPO HOME DEPOT 2011792 09/30/11 01 STREETS-BREAKERS 01-410-56-00-5656 10.70 INVOICE TOTAL: 10.70 * 3141641 09/19/11 01 STREETS-FILTERS 01-410-56-00-5656 16.22 INVOICE TOTAL: 16.22 * P10 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512202 HOMEDEPO HOME DEPOT 4141729 09/28/11 01 STREETS-FILTERS 01-410-56-00-5640 114 .24 INVOICE TOTAL: 114 .24 * 6011500 09/26/11 01 STREETS-JACK, CUTTER, 01-410-56-00-5656 28.42 02 CONNECTOR ** COMMENT ** INVOICE TOTAL: 28.42 * CHECK TOTAL: 169.58 512203 ILFIREPD ILLINOIS FIRE & POLICE 100111 10/01/11 01 POLICE-2012 MEMBERSHIP DUES 01-210-54-00-5411 375.00 INVOICE TOTAL: 375.00 * CHECK TOTAL: 375.00 512204 ILLUMBER IL VALLEY URBAN LUMBERJACKS 11828 09/15/11 01 STREETS-REMOVAL OF 3 TREES AND 01-410-54-00-5458 1, 825.00 02 STUMPS ** COMMENT ** INVOICE TOTAL: 1,825.00 * CHECK TOTAL: 1, 825.00 512205 ILSROA ILSROA 101911 10/19/11 01 POLICE-ANNUAL MEMBERSHIP FEE 01-210-54-00-5460 20.00 INVOICE TOTAL: 20.00 * CHECK TOTAL: 20.00 512206 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025664 10/11/11 01 STREETS-REPLACE AUTO DRAIN O1-410-54-00-5495 363.10 P11 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512206 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025664 10/11/11 02 VALVES, FREE UP CLEVIS PINS ON ** COMMENT ** 03 AUTOMATIC SLACK ADJUSTERS ** COMMENT ** INVOICE TOTAL: 363.10 * 025676 10/19/11 01 STREETS-INSTALL NEW ALTERNATOR 01-410-54-00-5495 357.15 INVOICE TOTAL: 357. 15 * CHECK TOTAL: 720.25 512207 INTEGRYS INTEGRYS ENERGY SERVICES, INC 18098361-1 10/17/11 01 SEWER OP-WELLS/420 FAIRHAVEN 52-520-54-00-5480 136.86 INVOICE TOTAL: 136.86 * CHECK TOTAL: 136.86 512208 IPRF ILLINOIS PUBLIC RISK FUND 2733 10/14/11 01 ADMIN SERVICES-NOVEMBER ADMIN 01-640-52-00-5231 305.00 02 FEES ** COMMENT ** INVOICE TOTAL: 305.00 * 3276 10/14/11 01 ADMIN SERVICES-NOVEMBER 2011 01-640-52-00-5231 10, 165.00 02 WORKER'S COMPENSATION ** COMMENT ** INVOICE TOTAL: 10, 165.00 * CHECK TOTAL: 10, 470.00 512209 ITRON ITRON 214917 10/12/11 01 WATER OP-COMMUNICATION FEE, 51-510-54-00-5462 438. 63 02 HOSTING SERVICES FOR NOVEMBER ** COMMENT ** INVOICE TOTAL: 438 . 63 CHECK TOTAL: 438.63 P12 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512210 JIMSTRCK JAMES GRIBBLE 137490 10/13/11 01 STREETS-1 TRUCK INSPECTION 01-410-54-00-5495 39.00 INVOICE TOTAL: 39.00 * 137491 10/13/11 01 STREETS-1 TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 137569 10/18/11 01 STREETS-1 TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * CHECK TOTAL: 91.00 512211 JOHNSOIL JOHNSON OIL COMPANY IL BG2095023-0911 10/01/11 01 POLICE-GASOLINE 01-210-56-00-5695 49.53 INVOICE TOTAL: 49.53 * CHECK TOTAL: 49.53 512212 JSHOES J'S SHOE REPAIR 8519-48 10/13/11 01 STREETS-BOOTS 01-410-56-00-5600 160.00 INVOICE TOTAL: 160.00 * CHECK TOTAL: 160.00 512213 KCACP KENDALL COUNTY ASSOCIATION 858304 10/19/11 01 POLICE-CHIEFS OCTOBER LUNCHEON 01-210-54-00-5415 60.00 02 MEETING ** COMMENT ** INVOICE TOTAL: 60.00 CHECK TOTAL: 60.00 512214 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC P13 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512214 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 102111 10/21/11 01 ADMIN-BOOKING FEES 01-000-24-00-2412 140.00 INVOICE TOTAL: 140.00 * CHECK TOTAL: 140.00 512215 KENPRINT ANNETTE M. POWELL 18578 09/27/11 01 COMM/DEV-STAMP 01-220-56-00-5620 20.00 INVOICE TOTAL: 20.00 * 18617 10/17/11 01 COMM/DEV-500 INSPECTION 01-220-56-00-5620 71 .45 02 BUILDING FIELD NOTICES ** COMMENT ** INVOICE TOTAL: 71.45 * CHECK TOTAL: 91.45 512216 KLINGELT KLINGEL, TERRY 102111 10/21/11 01 POLICE-DEPOSITION PARKING 01-210-54-00-5415 18.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 18.00 CHECK TOTAL: 18.00 512217 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 385951 10/01/11 01 ADMIN-SEPT EMPLOYMENT LEGAL 01-640-54-00-5463 1, 080 .00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 1,080.00 CHECK TOTAL: 1, 080.00 512218 MCCUE MC CUE BUILDERS, INC. 101811 10/18/11 01 ADMIN-SERCURITY GUARANTEE 01-000-24-00-2415 975.00 P14 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512218 MCCUE MC CUE BUILDERS, INC. 101811 10/18/11 02 REFUND FOR 1346 SPRING STREET ** COMMENT ** INVOICE TOTAL: 975.00 * CHECK TOTAL: 975.00 512219 MENLAND MENARDS - YORKVILLE 23473 10/07/11 01 WATER OP-NAILS 51-510-56-00-5620 6. 98 INVOICE TOTAL: 6. 98 * 23514 10/07/11 01 WATER OP-BATTERIES 51-510-56-00-5620 22.86 INVOICE TOTAL: 22 .86 * 25108 10/13/11 01 WATER OP-BATTERIES 51-510-56-00-5620 10. 99 INVOICE TOTAL: 10. 99 * 25121 10/13/11 01 COMM/DEV-STAPLES 01-220-56-00-5620 8.01 INVOICE TOTAL: 8.01 * 25171 10/13/11 01 STREETS-PAINT STRAINERS 01-410-56-00-5620 8.94 INVOICE TOTAL: 8. 94 * 25338 10/14/11 01 WATER OP-GATE VALVE 51-510-56-00-5664 21. 99 INVOICE TOTAL: 21 . 99 * 25460 10/14/11 01 STREETS-DUCT TAPE 01-410-56-00-5620 27 .96 INVOICE TOTAL: 27.96 * 26094 10/17/11 01 WATER OP-5 PAIRS OF GLOVES 51-510-56-00-5600 5.88 INVOICE TOTAL: 5.88 * CHECK TOTAL: 113. 61 512220 METLIFE METLIFE SMALL BUSINESS CENTER P15 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 16: 28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512220 METLIFE METLIFE SMALL BUSINESS CENTER 101711 10/17/11 01 ADMIN SERVICES-NOVEMBER LIFE 01-640-52-00-5222 1, 162.36 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 1, 162.36 CHECK TOTAL: 1, 162.36 512221 METROWES METRO WEST COG 799 09/26/11 01 ADMIN-SEPT. 22 BOARD MEETING 01-110-54-00-5412 27.00 02 FOR ONE PERSON ** COMMENT ** INVOICE TOTAL: 27.00 CHECK TOTAL: 27.00 512222 MIDAM MID AMERICAN WATER 69870A 07/22/11 01 WATER OP-HYDRANT 51-510-56-00-5664 2,016.00 INVOICE TOTAL: 2, 016.00 70011A 07/29/11 01 WATER OP-B BOX LIDS 51-510-56-00-5620 253.92 INVOICE TOTAL: 253.92 CHECK TOTAL: 2, 269.92 512223 MJELECT MJ ELECTRICAL SUPPLY, INC. 105076-00 10/03/11 01 STREETS-MERCHANDISE RETURN 01-410-56-00-5640 -375.00 02 CREDIT ** COMMENT ** INVOICE TOTAL: -375.00 * 1124732-00 10/12/11 01 STREETS-PHOTO CONTROL, BALLAST 01-410-56-00-5640 240.00 02 KIT, FUSES ** COMMENT ** INVOICE TOTAL: 240.00 * 1124732-01 10/13/11 01 STREETS-BALLAST KIT 01-410-56-00-5640 55.00 INVOICE TOTAL: 55.00 * P16 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512223 MJELECT MJ ELECTRICAL SUPPLY, INC. 1124751-01 10/18/11 01 STREETS-BULBS 01-410-56-00-5640 64 .00 INVOICE TOTAL: 64 .00 * 1124897-00 10/18/11 01 STREETS-BULBS, PHOTO CONTROLS, 01-410-56-00-5640 104 .00 02 BALLAST KIT ** COMMENT ** INVOICE TOTAL: 104 .00 * 1124904-00 10/18/11 01 STREETS-BULBS 01-410-56-00-5640 27 .00 INVOICE TOTAL: 27.00 * CHECK TOTAL: 115.00 512224 NCL NCL EQUIPMENT SPECIALTIES 9643 10/12/11 01 STREETS-4 ' LATH BUNDLES 01-410-56-00-5656 48.28 INVOICE TOTAL: 48.28 * 9644 10/13/11 01 STREETS-4 ' LATH BUNDLES 01-410-56-00-5656 48 .28 INVOICE TOTAL: 48.28 * CHECK TOTAL: 96.56 512225 NEXTEL NEXTEL COMMUNICATIONS 837900513-116-C 10/21/11 01 COMM/DEV-MONTHLY CHARGES 01-220-54-00-5440 150.21 02 POLICE-MONTHLY CHARGES 01-210-54-00-5440 857.38 03 SEWER OP-MONTHLY CHARGES 52-520-54-00-5440 130.26 04 STREETS-MONTHLY CHARGES 01-410-54-00-5440 200.49 05 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 200.84 INVOICE TOTAL: 1, 539.18 CHECK TOTAL: 1, 539. 18 512226 NICOR NICOR GAS P17 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512226 NICOR NICOR GAS 07-72-09-0117 7-1011 10/20/11 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 23.20 INVOICE TOTAL: 23.20 * 61-60-41-1000 9-0911 10/12/11 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 46.76 INVOICE TOTAL: 46.76 * 83-80-00-1000 7-0911 10/12/11 01 ADMIN-610 TOWER LANE UNIT B 01-110-54-00-5480 35. 64 INVOICE TOTAL: 35. 64 * CHECK TOTAL: 105. 60 512227 OHERROND RAY O'HERRON COMPANY, INC. 0043600-IN 10/13/11 01 POLICE-VELCRO BELT 01-210-56-00-5600 86.95 INVOICE TOTAL: 86. 95 * CHECK TOTAL: 86. 95 512228 OLSONB BART OLSON 110111 11/01/11 01 ADMIN-MOBILE EMAIL FOR OCTOBER 01-110-54-00-5440 45.00 02 2011 ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512229 PITBOW PITNEY BOWES 1970458-OT11 10/13/11 01 ADMIN-RENTAL CHARGES FOR 01-110-54-00-5462 700.00 02 JULY 2011 - OCTOBER 2011 ** COMMENT ** INVOICE TOTAL: 700.00 CHECK TOTAL: 700.00 512230 QUILL QUILL CORPORATION P18 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512230 QUILL QUILL CORPORATION 7247547 10/07/11 01 POLICE-INK CARTRIDGES, PENS, 01-210-56-00-5610 190 .36 02 BINDER CLIPS, LYSOL WIPES, ** COMMENT ** 03 TAPE ** COMMENT ** INVOICE TOTAL: 190.36 * 7398501 10/14/11 01 POLICE-SHEET PROTECTORS, 01-210-56-00-5610 148.11 02 KEYBOARD, CDR SPINDLE, DVD ** COMMENT ** 03 SPINDLE ** COMMENT ** INVOICE TOTAL: 148.11 * CHECK TOTAL: 338.47 512231 R0000497 FOX VALLEY UNIFORM 2011-1203-A 10/11/11 01 POLICE-EMBROIDERY 01-210-56-00-5600 79.98 INVOICE TOTAL: 79. 98 * CHECK TOTAL: 79.98 512232 R0000594 BRIAN BETZWISER 120111 11/01/11 01 PW CAPITAL-185 WOLF STREET 21-211-92-00-8050 4, 485.36 02 INTEREST PAYMENT #37 ** COMMENT ** 03 PW CAPITAL-185 WOLF STREET 21-211-92-00-8000 2, 372 .56 04 PRINCIPAL PAYMENT #37 ** COMMENT ** INVOICE TOTAL: 6, 857 .92 CHECK TOTAL: 6, 857. 92 512233 R0000976 JIFFY LUBE 101311 10/13/11 01 ADMIN-TEMPORARY SIGN REFUND 01-000-42-00-4210 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 50.00 P19 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512234 R0000977 ROBIN GUZMAN 102211 10/25/11 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 512235 RIVRVIEW RIVERVIEW FORD 104467 10/19/11 01 STREETS-BRAKE REPAIR 01-410-56-00-5640 606.10 02 SEWER OP-BRAKE REPAIR 52-520-56-00-5640 606.10 INVOICE TOTAL: 1,212.20 CM104467 10/20/11 01 STREETS-CORE RETURN CREDIT 01-410-56-00-5640 -100.00 02 SEWER OP-CORE RETURN CREDIT 52-520-56-00-5640 -100.00 INVOICE TOTAL: -200.00 CHECK TOTAL: 1, 012.20 512236 RUSITYORK RUSH-COPLEY HEALTHCARE 4886-CITY 10/05/11 01 SEWER OP-DRUG SCREEN 52-520-54-00-5462 26.00 02 STREETS-DRUG SCREEN 01-410-54-00-5462 26.00 INVOICE TOTAL: 52 .00 CHECK TOTAL: 52.00 512237 SAFESUPP SAFETY SUPPLY ILLINOIS 1174758-0001-01 10/12/11 01 WATER OP-SCUBA TANK HYDRO & 51-510-56-00-5638 136.50 02 REFILLS ** COMMENT ** INVOICE TOTAL: 136.50 CHECK TOTAL: 136.50 512238 SCHWARTD SCHWARTZKOPF, DON P20 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 16: 28 :33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512238 SCHWARTD SCHWARTZKOPF, DON 101211 10/12/11 01 POLICE-MEAL REIMBURSEMENT 01-210-54-00-5415 13.54 INVOICE TOTAL: 13.54 * CHECK TOTAL: 13.54 512239 SERVMASC SERVICEMASTER COMM. CLEANING 154059 10/15/11 01 ADMIN-CITY OFFICE CLEANING 01-110-54-00-5488 1, 196.00 INVOICE TOTAL: 1, 196.00 * CHECK TOTAL: 1, 196.00 512240 SHELL SHELL OIL CO. 065159923110-PW 10/06/11 01 STREETS-GASOLINE 01-410-56-00-5695 1, 355.07 02 WATER OP-GASOLINE 51-510-56-00-5695 1,355.06 03 SEWER OP-GASOLINE 52-520-56-00-5695 1, 355.06 INVOICE TOTAL: 4, 065.19 * CHECK TOTAL: 4, 065.19 512241 SHELL SHELL OIL CO. 065356230110-PD 10/13/11 01 POLICE-GASOLINE 01-210-56-00-5695 5,206.50 INVOICE TOTAL: 5,206.50 * CHECK TOTAL: 5, 206.50 512242 SHERWINW THE SHERWIN-WILLIAMS CO. 9268-4 10/17/11 01 STREETS-GLASS BEADS 01-410-56-00-5620 90.78 INVOICE TOTAL: 90.78 * CHECK TOTAL: 90.78 P21 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512243 SMIECOSY SMITH ECOLOGICAL SYSTEMS INC. 14930 10/12/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 1, 256.00 INVOICE TOTAL: 1,256.00 * CHECK TOTAL: 1, 256.00 512244 SOFTWARE SOFTWARE PERFORMANCE 410691 10/06/11 01 ADMIN-50 HR. BLOCK OF TIME 01-640-54-00-5462 5, 999.00 INVOICE TOTAL: 5, 999.00 410705 10/14/11 01 POLICE-TRAVEL TIME 01-210-54-00-5415 25.00 INVOICE TOTAL: 25.00 * CHECK TOTAL: 6, 024.00 512245 SUNTIMES STM SUBURBAN PUBLICATIONS 093011 09/30/11 01 ENG-KENDALL MARKETPLACE LEGAL 01-150-54-00-5462 197 . 62 02 AD ** COMMENT ** INVOICE TOTAL: 197 . 62 CHECK TOTAL: 197. 62 512246 TAPCO TAPCO I378764 10/06/11 01 STREETS-CUT-OFF CAM, DOWEL PIN 01-410-56-00-5640 70.27 02 LUBRICANT ** COMMENT ** INVOICE TOTAL: 70 .27 CHECK TOTAL: 70.27 512247 TAPCO TAPCO I379103 10/11/11 01 MFT-STREET SIGNS 15-155-56-00-5619 26.50 INVOICE TOTAL: 26.50 CHECK TOTAL: 26.50 P22 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512248 TAPCO TAPCO I379254 10/12/11 01 STREETS-15 5 GALLONS YELLOW 01-410-56-00-5620 298.85 02 PAINT ** COMMENT ** INVOICE TOTAL: 298.85 * CHECK TOTAL: 298.85 512249 TARGET TARGET BANK 101811-C 10/18/11 01 ADMIN-PAPER TOWELS, NAPKINS 01-110-56-00-5610 10.45 INVOICE TOTAL: 10.45 * CHECK TOTAL: 10.45 512250 TKBASSOC TKB ASSOCIATES, INC. 9250 09/30/11 01 ADMIN SERVICES-LASERFICHE 01-640-54-00-5462 588.50 02 SCANCONNECT AND ANNUAL LSAP ** COMMENT ** INVOICE TOTAL: 588. 50 CHECK TOTAL: 588.50 512251 TUCKER TUCKER DEVELOPMENT CORP. 100711-STREBATE 10/17/11 01 ADMIN SERVICES-SALES TAX 01-640-54-00-5492 1, 318 .20 02 REBATE FOR JULY 2010 - JUNE ** COMMENT ** 03 2011 ** COMMENT ** INVOICE TOTAL: 1, 318.20 CHECK TOTAL: 1, 318.20 512252 TUFFY KRIBBS AUTOMOTIVE, INC 25677 10/21/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 23. 96 INVOICE TOTAL: 23.96 CHECK TOTAL: 23.96 P23 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512253 UOFI UNIVERSITY OF ILLINOIS-GAR UPINS956 10/11/11 01 POLICE-POLICE TACTICAL COURSE 01-210-54-00-5412 418.00 INVOICE TOTAL: 418.00 * CHECK TOTAL: 418.00 512254 UPS UNITED PARCEL SERVICE 00004296X2421 10/15/11 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 69.42 INVOICE TOTAL: 69.42 * CHECK TOTAL: 69.42 512255 VIKICHEM VIKING CHEMICAL COMPANY 221534 10/10/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 1, 183.30 INVOICE TOTAL: 1, 183.30 * 221582 10/10/11 01 WATER OP-CREDIT FOR DEPOSIT 51-510-56-00-5638 -820.00 INVOICE TOTAL: -820.00 * CHECK TOTAL: 363.30 512256 VISA VISA 102711-CITY 10/27/11 01 COM DEV-COMMERCIAL ENERGY 01-220-54-00-5412 79.00 02 INSPECTOR CLASS ** COMMENT ** 03 COM DEV-HOTEL ILAPA CONFERENCE 01-220-54-00-5415 226.30 04 FINANCE-WEBSITE HOSTING 1 YR. 01-120-54-00-5462 119.40 05 FINANCE-REOCCURING HOSTING FEE 01-120-54-00-5462 145.77 06 STREETS-MONTHLY CABLE 01-410-54-00-5462 19. 99 07 WATER OP-MONTHLY CABLE 51-510-54-00-5462 19. 98 08 SEWER OP-MONTHLY CABLE 52-520-54-00-5462 19. 98 INVOICE TOTAL: 630. 42 CHECK TOTAL: 630.42 P24 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 16:28:33 CHECK REGISTER PRG ID: AP215000 .WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512257 VISA VISA 102711-PD 11/03/11 01 POLICE-GAS 01-210-56-00-5695 38.00 02 POLICE-IDOA & IACP CONFERNCE 01-210-54-00-5415 758 . 99 03 POLICE-50 ID CARDS 01-210-54-00-5415 74 . 14 INVOICE TOTAL: 871. 13 CHECK TOTAL: 871 .13 512258 VISA VISA 102711A-PR 10/27/11 01 LAND CASH-BENCHES AT 72-720-60-00-6036 1,003.20 02 RAINTREE B PARK ** COMMENT ** INVOICE TOTAL: 1,003.20 CHECK TOTAL: 1, 003.20 512259 WALMART WALMART COMMUNITY 102211-CITY 10/22/11 01 ADMIN-SOAP, KLEENEX 01-110-56-00-5610 19.46 INVOICE TOTAL: 19. 46 CHECK TOTAL: 19.46 512260 WAREHOUS WAREHOUSE DIRECT 1293494-0 10/04/11 01 ADMIN-ENVELOPES 01-110-56-00-5610 27 .05 02 COMM/DEV-INDEX TABS 01-220-56-00-5610 2.85 INVOICE TOTAL: 29. 90 1301657-0 10/11/11 01 ADMIN-ENVELOPES 01-110-56-00-5610 48.30 INVOICE TOTAL: 48.30 1302027-0 10/11/11 01 COMM/DEV-FILE FOLDERS 01-220-56-00-5620 115.75 INVOICE TOTAL: 115.75 CHECK TOTAL: 193.95 P25 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512261 WATERPRO RI WATERMAN PROPERTIES 111811-24 11/01/11 01 WATER OP-GRANDE RESERVE COURT 51-510-75-00-7502 22, 988.77 02 ORDERED PAYMENT #24 ** COMMENT ** INVOICE TOTAL: 22, 988.77 CHECK TOTAL: 22, 988.77 512262 WERDERW WALLY WERDERICH 101911 10/19/11 01 POLICE-SEPTEMBER 14 & 28 ADMIN 01-210-54-00-5467 300.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 512263 WOLFCOMP WOLF & COMPANY 94617 10/14/11 01 FINANCE-FINAL BILLING FOR 01-120-54-00-5414 6, 800.00 02 AUDIT FOR 04/30/11 ** COMMENT ** 03 COUNTRYSIDE TIF-FINAL BILLING 87-870-54-00-5420 316. 67 04 FOR TIF REPORT FOR 04/30/11 ** COMMENT ** 05 FOX INDUSTRIAL-FINAL BILLING 85-850-54-00-5420 316. 67 06 FOR TIF REPORT FOR 04/30/11 ** COMMENT ** 07 DOWNTOWN TIF-FINAL BILLING FOR 88-880-54-00-5420 316. 66 08 TIF REPORT FOR 04/30/11 ** COMMENT ** INVOICE TOTAL: 7, 750.00 * CHECK TOTAL: 7, 750.00 512264 YORKACE YORKVILLE ACE & RADIO SHACK 139768 08/19/11 01 WATER OP-2 LAG ANCHORS 51-510-56-00-5620 5. 98 INVOICE TOTAL: 5. 98 * CHECK TOTAL: 5.98 P26 DATE: 11/03/11 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 16:28: 33 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 11/08/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512265 YORKCLER YORKVILLE CLERK'S ACCOUNT 149100 10/18/11 01 WATER OP-FILE WATER LIEN 51-510-54-00-5462 98.00 02 WATER OP-RELEASE WATER LIEN 51-510-54-00-5462 49.00 03 PW CAPITAL-FILE MOWING LIEN 21-211-54-00-5462 39.00 04 PW CAPITAL-RELEASE WATER LIENS 21-211-54-00-5462 98.00 INVOICE TOTAL: 284 .00 CHECK TOTAL: 284 .00 512266 YORKPDPC YORKVILLE POLICE DEPT. 101311 10/13/11 01 POLICE-PURCHASE OF TOBACCO 01-210-56-00-5678 7.04 02 DURING COMPLIANCE CHECK ** COMMENT ** INVOICE TOTAL: 7.04 CHECK TOTAL: 7.04 512267 YOUNGM MARLYS J. YOUNG 100411 10/15/11 01 ADMIN-OCTOBER 4 MEETING 01-110-54-00-5462 55.75 02 MINUTES ** COMMENT ** INVOICE TOTAL: 55.75 100611 10/23/11 01 ADMIN-OCTOBER 6, 2011 PUBLIC 01-110-54-00-5462 59.50 02 SAFETY MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 59.50 CHECK TOTAL: 115.25 TOTAL AMOUNT PAID: 130, 494 .55 P27 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 9/30/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR & LIQ. COM. $ 943.34 $ - $ 943.34 $ - $ 72.17 $ 1,015.51 CLERK 641.67 - 641.67 22.98 37.37 702.02 TREASURER 500.00 - 500.00 47.55 38.25 585.80 ALDERMAN 4,280.00 - 4,280.00 407.04 274.77 4,961.81 TOTALS $ 6,365.01 $ - $ 6,365.01 $ 477.57 $ 422.56 $ 7,265.14 TOTAL PAYROLL $ 7,265.14 P28 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 10/22/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 9,049.74 $ - $ 9,049.74 $ 860.64 $ 638.51 $ 10,548.89 FINANCE 6,406.14 - 6,406.14 609.23 481.24 7,496.61 POLICE 75,929.43 3,488.64 79,418.07 429.84 5,838.56 85,686.47 COMMUNITY DEV. 7,848.80 - 7,848.80 663.30 586.99 9,099.09 STREETS 9,688.26 - 9,688.26 921.35 718.88 11,328.49 WATER 9,383.23 397.56 9,780.79 930.16 713.65 11,424.60 SEWER 5,521.24 - 5,521.24 525.06 413.08 6,459.38 PARKS 14,649.02 - 14,649.02 1,393.11 1,088.15 17,130.28 RECREATION 10,005.29 - 10,005.29 862.21 733.70 11,601.20 REC. CENTER 7,047.69 - 7,047.69 343.16 539.31 7,930.16 LIBRARY 16,712.18 - 16,712.18 889.50 1,250.72 18,852.40 TOTALS $ 172,241.02 $ 3,886.20 $ 176,127.22 $ 8,427.56 $ 13,002.79 $ 197,557.57 TOTAL PAYROLL $ 197,557.57 P29 UNITED CITY OF YORKVILLE CITY COUNCIL Tuesday, November 08, 2011 PA YROLL DATE ELLECTED OFFICIAL 10/21/2011 $7,265.14 BI-WEEKLY 10/22/2011 $197,557.57 ACCOUNTS PA YABLE MANUAL BILL LIST - YORKVILLE POST OFFICE 11/1/2011 $1 ,981 .38 BILLS LIST 11/8/2011 $130,494.55 WIRE TRANSFERS BNY MELLON WIRE TRANSFER-YORKVILLE05/ PRINCIPAL 11/28/2011 $175,000.00 BNY MELLON WIRE TRANS F ER-YO RKVILLE05/INTEREST 11/28/2011 $65,571 .25 BNY MELLON WIRE TRANSFER-211-YORK2012/PRINCIPAL 11/28/2011 $70,000.00 BNY MELLON WIRE TRANSFER-21 1-YORK2012/INTEREST 11/28/2011 $3,391 .25 TOTAL DISBURSEMENTS $651,261.14 P30 Reviewed By: J� 4 0� Legal ❑ Agenda Item Number ' Finance ❑ CA#2 EST: , 1836 Engineer ❑ City Administrator p L': V Human Resources ❑ Tracking Number Wd ® Community Development ❑ e `� Police F-1 ADM 2011-58 Public Works ❑ City Council Agenda Item Summary Memo Title: Human Resources Commission Meeting and Date: City Council—November 8, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Admin 10/20/11 Action Taken: Forward to City Council for approval, Item Number: ADM 2011-58 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2011- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGARDING HUMAN RESOURCES COMMISSION WHEREAS, the United City of Yorkville (the "City,") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, the City has established various boards and commissions to help serve the residents of the City; and, WHEREAS, a Human Resources Commission (the "Commission") was established in 1975 for the purpose of improving the quality of life for all of our citizens and for the general welfare of this community; and, WHEREAS, after considerable review of the activities of the Commission and related expenditures that the City incurs in keeping the Commission in existence, it has been determined that the Commission should be disbanded. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 2, Chapter 6 of the Code of Ordinances is hereby amended by deleting Chapter 6 in its' entirety. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2011. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2011. MAYOR 0�, Memorandum To: City Council EST = 1836 From: Bart Olson, City Administrator CC: Date: October 14, 2011 oomy sear Subject: Human Resources Commission Discussion <�C E ��• Summary Discussion of the future of the city's Human Resources Commission. Backl4round The Human Resources Commission was established in 1998. Here is the section of the city code which regulates this commission: 2-6-1: COMMISSION ESTABLISHED: There is hereby established a citizens' commission, which shall be known as the City of Yorkville Human Resources Commission, for the purpose to assess and identify problems within the community which affect the social welfare of the citizens and with the goal of improving the quality of life for all of our citizens and the general welfare of this community. Said Commission shall from time to time report on its activities and make recommendations to the Mayor and City Council. (Ord. 1998-1, 1-22-1998) 2-6-2: COMPOSITION; APPOINTMENT; TERMS OF OFFICE: A. The members of the Human Resources Commission shall be composed of seven (7) residents of the City, one of whom shall be appointed chairman. The appointments to the Commission shall be made by the Mayor, with the advice and consent of the City Council. In addition to the seven (7) members, the Mayor or his/her designee shall serve as an ex officio member. B. The term of office to this Commission shall be for a period of three (3) years. However, members appointed at the onset shall be for the following terms: three (3) members shall serve for two (2) years, two members shall serve for three (3) years and two (2) members to serve for one year. (Ord. 1975-19, 10-9-1975; amd. Ord. 1998-1, 1- 22-1998) C. After the expiration of the member's initial term, all successors shall be appointed for three (3) years. (Ord. 1975-19, 10-9-1975) D. The Commission shall meet on a monthly basis unless approved by the Commission and the Mayor, with proper notification of a cancellation or meeting date change. E. The Commission shall submit in writing an annual report summarizing their activities and recommendations to the Mayor and City Council. (Ord. 1998-1, 1-22-1998) 2-6-3: EXPENDITURES: The Human Resources Commission shall be authorized to expend no Municipal funds; provided,however, the Commission may recommend to the City Council such expenditures and appropriations as it deems expedient or advisable. (Ord. 1975-19, 10-9- 197 The Human Resources Commission is having difficulty getting a quorum together. For 2011, they have had a total of three meetings and one of those three meetings was hosting the Community Volunteer Appreciation Night. Out of the remaining meetings for the year, three did not have a quorum and three were cancelled prior to the meeting taking place. Two of the current members have asked if the Mayor and Aldermen could discuss the role of the HRC and decide if the city has any objectives that they would like the HRC to work on or if the Mayor and Aldermen feel that this commission should continue to exist. For 2011, the following items have been listed on the HRC agendas: Volunteer Community Networking, Community Volunteer Appreciation Night, Kendall Cares Clinic, Volunteer Fair, and the Community Gardens. Some of the challenges that are being experienced with the HRC are as follows: attendance issues, cost of minute takers, and resignation of the chairman. Regarding the attendance issues, when there are not enough members showing up to meetings, staff time is being expended on agendas, packets, uploading information to the website, sending notification to the press, scheduling meeting space, scheduling minute takers, tracking draft and approved minutes, and the filing of these records without any benefit being received by the city. Additionally, the city is expending funds on minute takers, even when the minute taker attends the meeting that is cancelled at its beginning due to lack of quorum. In the past, the city had tried going the route of having a committee member volunteer to type the meeting minutes; however, this practice was discontinued when some of the volunteers did not turn in meeting minutes. Direction on Future of HRC Staff is seeking direction from the City Council on the future of the HRC. Similar to the City's discussion with the Green Committee, we do not currently have adequate manpower to dedicate an employee to the committee as liaison. Even without the liaison and the work-hours from the liaison, the City is still spending hours each month coordinating packets, agendas, agenda items and minutes. Given the relative lack of agenda items and meetings, I am not sure this is the most productive use of staff time. Also, I have spoken with the members of the Commission about the City's requirements under the Open Meetings Act for their meetings. Ultimately, it may be easier and a more efficient use of their time to form and meet as a private organization or group. Meeting Date Minute Taker Comments Cost 1/20/2010 $60.00 No quorum, discussion only 2/17/2010 $60.00 No quorum, discussion only 3/10/2010 $72.50 4/21/2010 $66.25 5/19/2010 $0.00 Meeting cancelled due to lack of a quorum 6/16/2010 $75.63 7/21/2010 $42.00 No quorum, discussion only 8/18/2010 Did not receive minutes or audio tapes from minute taker despite letter from attorney 9/15/2010 Did not receive minutes or audio tapes from minute taker despite letter from attorney 10/20/2010 Did not receive minutes or audio tapes from minute taker despite letter from attorney 11/17/2010 $72.50 No quorum, discussion only 12/15/2010 Minutes need to be transcribed from audio tape $448.88 1/19/2011 $63.00 2/16/2011 No minute taker was needed because it was Community Volunteer Appreciation Night 3/16/2011 $66.25 4/20/2011 $35.00 No quorum, so the meeting was not called to order 5/18/2011 $35.00 No quorum, discussion only 6/15/2011 $35.00 No quorum,so the meeting was not called to order 7/20/2011 Meeting was cancelled 8/17/2011 Meeting was cancelled 9/21/2011 Meeting was cancelled $234.25 0 C/Ty Reviewed By: Agenda Item Number J� 0 Legal ❑ CA#3 EST. `�� __ 1836 Finance ❑ Engineer ❑ Tracking Number O ��, tYi City Administrator ■ `°"a�`a` �O Consultant ❑ Ker, ADM 2011-61 tlsll C—y El`Le Agenda Item Summary Memo Title: Leaf Burning in Unincorporated Areas Meeting and Date: City Council—November 8, 2011 Synopsis: Request for County Board to limit leaf burning to areas farther than one-half mile from incorporated areas and incorporated county residents. Council Action Previously Taken: Date of Action: Admin 10/20/11 Action Taken: Discussion Item Number: ADM 2011-61 Type of Vote Required: Majority Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 0 C1r o United City of Yorkville J a �` '" 800 Game Farm Road ,,. EST. �� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 IA C.P. `j� r Kondail Couny ��.iv tE November 8, 2011 Kendall County Board c/o Kendall County Clerk 111 W Fox Street Yorkville, IL 60560 Dear members of the Kendall County Board, The City of Yorkville has long had a restriction on the open burning of leaves and other plant materials. The close proximity of homes to one another in city limits and the smoke produced by open burning of leaves and plant materials do not lend themselves to a healthy air quality. We are aware Kendall County restricts open burning of leaves in unincorporated areas that are zoned R-6 or R-7 but permits it elsewhere on the county. The problem with this restriction is that only Boulder Hill and parts of Conover subdivision (just north of the Beecher Center) fit under this restriction. We are also aware of an Illinois Pollution Control Board regulation that restricts open burning within 1,000 feet of our municipal boundaries. While this distance requirement is a benefit to the region's air quality, it does not go far enough to ensure optimum air quality and a healthy environment. We realize that leaf burning is something rural residents view as a quick fix for cleaning up large tracts of land. However, the health issues posed should outweigh the man-hour efficiencies achieved through burning. The US EPA lists several toxic, irritant and carcinogenic compounds that are produced when leaves and other yard waste is burned. Because smoke cannot be contained to property boundaries, those compounds are then inhaled by the burner's neighbors and beyond. Finally, the very nature of open burning can create additional risk for a fire hazard. We urge the Kendall County Board to protect the health of all county residents, by further limiting leaf burning to areas farther than one-half mile from incorporated areas and incorporated county residents. We appreciate your consideration of this request, and look forward to cooperation to protect the health of residents in Kendall County. Regards, Gary Golinski, Mayor On behalf of the Yorkville City Council TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER is OPEN BURNING PART 237 OPEN BURNING SUBPART A: GENERAL PROVISIONS Section 237.101 Definitions 237.102 Prohibitions 237.103 Explosive Wastes 237.110 Local Enforcement 237.120 Exemptions 237.130 Freeport Air Curtain Destructor SUBPART B: PERMITS Section 237.201 Available Permits 237.202 Permit Application 237.203 Permit Conditions 237.204 Standards of Issuance 237.205 Duration and Renewal 237.206 Revision 237.207 Revocation Appendix A Rule into Section Table Appendix B Section into Rule Table AUTHORITY: Implementing Section 10 and authorized by Section 27 of the Environmental Protection Act (111. Rev. Stat. 1981, ch. 111 1/2, pars. 1010 and 1027). SOURCE: Adopted as Rules 401 through 406, R70-11, 2 PCB 373, filed and effective September 7, 1971; Renumbered as Chapter 2: Air Pollution, Part V: Open Burning, R72- 11, 6 PCB 199, filed and effective November 10, 1972; amended at 3 111. Reg. 51, p. 117, effective December 7, 1979; amended at 6 Ill. Reg. 14521, effective November 8, 1982; codified at 7 Ill. Reg. 13626; emergency amendment at 17 Ill. Reg. 14176, effective August 23, 1993, for a maximum of 150 days. SUBPART A: GENERAL PROVISIONS Section 237.101 Definitions All terms which appear in this Part have the definitions specified in this Part and 35 Ill. Adm. Code 201 and 211. "Agricultural Wastes": Any refuse, except garbage and dead animals, generated on a farm or ranch by crop and livestock production practices including such items as bags, cartons, dry bedding, structural materials and crop residues but excluding landscape wastes. "Clean Wood Building Debris": The wooden remains of a building. The term excludes rubber, asphalt and nonwooden materials. "Disaster": A major disaster declared by the President of the United States or the Governor of Illinois. "Disaster Area": Area in which a major disaster has been declared by the President of the United States or the Governor of Illinois. "Domicile Waste": Any refuse generated on single-family domiciliary property as a result of domiciliary activities. The term excludes landscape waste, garbage and trade waste. "Garbage": Refuse resulting from the handling, processing, preparation, cooking and consumption of food or food products. "Landscape Waste": Any vegetable or plant refuse, except garbage and agricultural waste. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings. "Open Burning": The combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under Section 9(b) of the Act (Environmental Protection Act, (Ill. Rev. Stat. 1981, ch. 111 1/2, par. 1009(b)). "Refuse": Any discarded matter; or any matter which is to be reduced in volume, or otherwise changed in chemical or physical properties, in order to facilitate its discard, removal or disposal. "Restricted Areas": The area within the boundaries of any"municipality" as defined in the Illinois Municipal Code (Ill. Rev. Stat. 1981, ch. 24, par. 1-1-2), plus a zone extending one mile beyond the boundaries of any such municipality having a population of 1,000 or more according to the latest federal census. "Trade Waste": Any refuse resulting from the prosecution of any trade, business, industry, commercial venture, utility or service activity, and any government or institutional activity, whether or not for profit. The term includes landscape waste but excludes agricultural waste. (Source: Amended at 3 111. Reg. 51, p. 117, effective December 7, 1979) Section 237.102 Prohibitions a) No person shall cause or allow open burning, except as provided in this Part. b) No person shall cause or allow the burning of any refuse in any chamber or apparatus, unless such chamber or apparatus is designed for the purpose of disposing of the class of refuse being burned. Section 237.103 Explosive Wastes Open burning of wastes creating a hazard of explosion, fire or other serious harm, unless authorized by other provisions in this Part, shall be permitted only upon application for the grant of a variance as provided by the Environmental Protection Act (Act) (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1001 et seq.) and by the Pollution Control Board's (Board) Procedural Rules (35 111. Adm. Code: Subtitle A, Chapter 1). Section 237.110 Local Enforcement It shall be the obligation of local governments as well as of the Environmental Protection Agency(Agency), to enforce by appropriate means the prohibitions of this Part. Section 237.120 Exemptions The following activites are not in violation of Section 9(c) of the Act (111. Rev. Stat. 1981, ch. 111 1/2, par. 1009(c)) or of this Part unless they cause air pollution as defined in the Act. Nothing in this Section shall exempt such activities from applicable local restrictions. a) The open burning of agricultural waste, but only: 1) On the premises on which such waste is generated; and 2) In areas other than restricted areas; and 3) When atmospheric conditions will readily dissipate contaminants; and 4) If such burning does not create a visibility hazard on roadways, railroad tracks or air fields; and 5) More than 305 meters (1,000 feet) from residential or other populated areas; and 6) When it can be affirmatively demonstrated that no economically reasonable alternative method of disposal is available. b) The open burning of domicile waste, but only: 1) On the premises on which such waste is generated; and 2) In areas other than restricted areas; and 3) When atmospheric conditions will readily dissipate contaminants; and 4) If such burning does not create a visibility hazard on roadways, railroad tracks or air fields. C) The open burning of landscape waste, but only: 1) On the premises on which such waste is generated; and 2) When atmospheric conditions will readily dissipate contaminants; and 3) If such burning does not create a visibility hazard on roadways, railroad tracks or air fields; and 4) In those areas of the State which are not in the following prohibited areas: A) Municipalities having a population in excess of 2,500 according to the latest federal census. B) Municipalities of any size which adjoin a municipality having a population in excess of 2,500. C) All municipalities wholly within 40 air miles (64.5 kilometers) of Meigs Field, Chicago, Illinois. D) All municipalities wholly within 20 air miles (32.3 kilometers) of McKinley Bridge connecting St. Louis, Missouri and Venice, Illinois. E) Rural areas 305 meters (1,000 feet) or less from a municipality in which open burning of landscape waste is prohibited. d) The setting of fires to combat or limit existing fires, when reasonably necessary in the judgement of the responsible government official. e) The burning of fuels for legitimate campfire, recreational and cooking purposes, or in domestic fireplaces, in areas where such burning is consistent with other laws, provided that no garbage shall be burned in such cases. f) The burning of waste gases, provided that in the case of refineries all such flares shall be equipped with smokeless tips or comparable devices to reduce pollution. g) Small open flames for heating tar, for welding, acetylene torches, highway safety flares and the like. Section 237.130 Freeport Air Curtain Destructor This section applies to an air curtain destructor operated by the City of Freeport within Section 7, Township 26 North, Range 8 East of the Fourth Principal Meridian, Stephenson County. a) Burning of landscape waste and clean wood waste in this air curtain destructor pursuant to permit conditions is lawful. b) The Agency may grant a permit for this air curtain destructor pursuant to 35 Ill. Adm. Code 201 and Subpart B of this Part. C) The existing permit and operating requirements of 35 Ill. Adm. Code 710 and 737 (Parts II and III of Chapter 7) shall not apply to this air curtain destructor; provided, however, that this subsection shall be inoperative in the event the Board, after the effective date of this section, pursuant to Section 22 of the Act (111. Rev. Stat. 1981, ch. 111 1/2, par. 1022), adopts regulations applicable to this air curtain destructor. d) If the City of Freeport allows public access to the air curtain destructor site, the Agency shall, as a condition of any permit used for an air curtain destructor, limit access between the landfill and air curtain destructor areas, sufficient to assure compliance with the Act and Board regulations applicable to the landfill. (Source: Added at 6 Ill. Reg. 14521, effective November 8, 1982) SUBPART B: PERMITS Section 237.201 Available Permits The Agency may grant permits for open burning in the following instances: a) For instruction in methods of fire fighting; or for testing of equipment for extinguishing fires, of flares, and signals, or of experimental incinerators, or for research in control of fires; b) For the destruction of vegetation on site under circumstances in which its removal would necessitate significant environmental damage; C) For research or management in prairie or forest ecology; d) For the burning of landscape waste in any area of the State if such burning is conducted with the aid of an air curtain destructor or comparable device to reduce emissions substantially; and does not occur within 305 meters (1,000 feet) of any residential or other populated area; e) For the destruction of oil sludges in petroleum production for safety reasons where alternative means including product recovery are impracticable; provided, that when emergency conditions require, such burning may be done without a permit, and a report shall be filed with the Agency within ten days, thereafter, indicating the place and time of such burning, the quantities burned, the meteorological conditions, and the reasons why emergency burning was necessary; f) In a disaster area, for the open burning of clean wooden building debris, landscape waste and agricultural waste caused by a disaster. Section 237.202 Permit Application An application for a permit shall be in such form and shall contain such information as shall be required in procedures adopted by the Agency. Such application shall contain, as a minimum, data and information sufficient to inform the Agency with respect to: the exact quanitites and types of material to be burned; the exact nature and exact quantities of air contaminant emissions which will result; the exact frequency, including date where appropriate, when such burning will take place, the exact location of the burning site including a map showing distances to residences, populated areas, roadways, air fields, etc.; the methods or actions which will be taken to reduce the emission of air contaminants; the reasons why alternatives to ope::burning are not available; and the reasons why such burning is necessary to the public interest. Section 237.203 Permit Conditions The Agency may impose such conditions in the permit as may be necessary to accomplish the purposes of the Act or this Part. Section 237.204 Standards of Issuance No permit shall be granted unless the applicant proves to the satisfaction of the Agency that the open burning: is necessary to the public interest; will be conducted in such a time, place and manner as to minimize the emission of air contaminants; will have no serious detrimental effect upon adjacent properties or the occupants thereof. Provided that applications for permits to open burn pursuant to Section 237.201(f) shall contain, as a minimum, data and information sufficient to inform the Agency with respect to: the nature and estimated quantitites of the materials to be burned, the manner in which the material to be burned resulted from the disaster, the location of the material to be burned, the date when such burning will take place, and the reasons why alternatives to open burning are not available. Section 237.205 Duration and Renewal No permit shall be valid for longer than one year. Applications for renewal of a permit shall be submitted to the Agency at least 90 days prior to the expiration of the prior permit, and shall conform to Section 237.202. The standards for issuance of renewal permits shall be as set forth in Section 237.204, Section 237.206 Revision The Agency may revise any permit granted pursuant to this rule, or any conditions contained in any such permit. Section 237.207 Revocation Violation of any of the conditions of the permit shall be grounds for revocation of the permit by the Agency, as well as for other sanctions provided in the Act. Appendix A Rule into Section Table RULE SECTION 501 237.101 502 237.102 503 237.120 504(a) 237.201 504(b) 237.202 504(c) 237.204 504(d) 237.203 504(e) 237.205 504(0 237.207 504(g) 237.206 505 237.103 506 237.110 550 237.130 Appendix B Section into Rule Table SECTION RULE 237.101 501 237.102 502 237.103 505 237.110 506 237.120 503 237.130 550 237.201 504(a) 237.202 504(b) 237.203 504(d) 237.204 504(c) 237.205 504(e) 237.206 504(g) 237.207 5040 C�Ty Reviewed By: Agenda Item Number O Legal ■ CA#4 T. 1836 Finance ES ■ '-- Engineer ❑ Tracking Number ® �� it ` y City Administrator ■ A " tea` 0 Consultant ❑ ADM 2011-49 KeMeN Caumy ALE ��,�. ❑ Agenda Item Summary Memo Title: Residential Electric Consolidation—Referendum Ordinance Meeting and Date: City Council—November 8, 2011 Synopsis: Council Action Previously Taken: Date of Action: Admin 10/20/11 Action Taken: Forward to City Council for approval. Item Number: ADM 2011-49 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Ordinance No. 2011- ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, THE PUBLIC QUESTION WHETHER THE CITY SHOULD HAVE THE AUTHORITY UNDER THE ILLINOIS POWER AGENCY ACT AND PUBLIC ACT 96-176 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH PROGRAM WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, The Illinois Power Agency Act (20 ILCS 3855/1-1 et seq.) (the "Act")was amended by Public Act 96-176 to add Section 1-92 entitled, "Aggregation of Electrical Load by Municipalities and Counties"; and, WHEREAS,under the Act if the City seeks to operate the aggregation program under the Act as an opt-out program for residential and small commercial retail customers, then prior to an adoption of an ordinance to establish a program, the City must first submit a referendum to its residents to determine whether or not the aggregation program shall operate as an opt-out program for residential and small commercial retail customers. If the majority of the electors voting on the question vote in the affirmative, then the City Council may implement an opt-out aggregation program for residential and small commercial retail customers; and, WHEREAS, the City Council hereby finds that it is in the best interest of the City to operate the aggregation program under the Act as an opt-out program and to submit the question to the electors in a referendum pursuant to the Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The City Council finds that the recitals set forth above are true and correct and includes the recitals in this Ordinance. Section 2. The City Council finds and determines that it is in the best interests of the City to operate the aggregation program under the Act as an opt-out program. Section 3. In the event such question is approved by a majority of the electors voting on the question at the regular election on March 20, 2012, the City Council may implement an opt- out aggregation program and if the City Council adopts the program the City shall comply with all the terms and provisions of the Act. 1 Section 4. The City Clerk is directed to immediately certify and submit the following public question to the Kendall County Clerk to be placed on the ballot for the general election to be held on March 20, 2012, in the following form: Shall the United City of Yorkville have the authority to arrange for the Yes supply of electricity for its residential and small commercial retail customers who have not opted out of such program? No Section 5. In the event the State of Illinois amends the Act to revise the form of the question to be placed on the ballot, the Mayor is authorized to direct the County Clerk to change the form of the question to conform to the amended Act, if required. Section 6. The City has elected to work in collaboration with NIMEC who will use their professional expertise to develop a Plan of Operation and Governance, conduct the RFP process and coordinate with Illinois Commerce Commission, Illinois Power Authority, Attorney General's Office and Commonwealth Edison. Section 7. This ordinance shall be in full force and effect from and after its passage and approval as required by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. 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 2011. MAYOR 2 MUNICIPAL AGGREGATION Municipal aggregation is the easiest and safest method for a municipality to reduce your residents' Commonwealth Edison bills. Municipal aggregation allows local governments to bundle — or aggregate — residential and small commercial retail electric accounts and seek bids for a lower cost source of power, similar to how municipalities negotiate contracts for waste disposal or cable television. Illinois Public Act 096-0176 gives municipalities the authority to bring your residents and small businesses together to buy electricity as a group and negotiate price of the electric supply on the group's behalf. All eligible residents and small businesses are automatically enrolled. Those who don't want to participate can "opt-out" of the program. This aggregation program can only be implemented when the voters approve a referendum in a primary or general election. The next available election will be held in March of 2012. After a ballot issue is approved, NIMEC would solicit bids for the municipality's aggregated load. These bid rates would be compared to Com.Ed's rates and the municipality would only move forward if the new supplier's rate is favorable. If no savings could be realized, the municipality has the option of making no change and continuing to purchase power with ComEd. Whether the municipality moves the residents' load or not, residents would continue to call ComEd in the event of a service disruption. And ComEd would continue to send the residents their monthly bills. Municipalities must pass an ordinance by the end of this year to place the referendum on the upcoming March 2012 ballot. After the ballot, two public hearings would be held before going to bid in early June. Residents could expect to see their bills lowered by the end of summer. a. No I M EC N.:, �:o.I I..LI 1 r r.�;�HU:;u-.u.FLF.c.F: i.cv;—:vanai.ce. BANDING TGGETHER TO DRIVE OO',VN PRICING MUNICIPAL AGGREGATION FAQ Q:What are the benefits of aggregation? A:The most important benefit is the opportunity for Village residents and small business operators to save money. Q:Are all residents obligated to participate? A: No. Any account holder may opt out of the program after the bidder is chosen,and pay the rate ComEd charges to accounts not participating in the aggregation program. Q:What does opt out mean? A:All residential and small commercial electricity users will be included in the customer base unless they affirmatively choose not to participate. The opportunity to opt out will be available to customers after the bids are received and the electric rate and identity of the supplier are made known to customers. Q: What is Corn Ed's role in this program? A: ComEd distributes electricity, but does not generate it. ComEd is only responsible for infrastructure, like power lines that bring electricity into homes and businesses, responding to outages and billing. ComEd will continue to bill customers for power generation and individual electric usage regardless of the supplier of that electricity. ComEd is indifferent to the aggregation program, as it does not impact them financially. Q: If my power goes out—will I need to call the company providing the power? A: No. ComEd is responsible for ensuring that electricity flows through its network to all homes and businesses in the Village. Aggregation would not change how ComEd responds to outages. Q: If I participate, will I get two bills—one from ComEd for delivering the power and another from a company that provides it? A: No. ComEd will remain responsible for billing for all power, regardless of the supplier.The only change would be the name of the power provider on the bill's power generation item line. Q:Will our franchise accounts at ComEd be affected? A: There will be no change to your franchise accounts; they will continue to be free service. Q: Will our village's municipal utility tax be affected? A: No. The utility tax is charged against usage, not dollar charges. NIMEC SANDING TOGETHER TO DRIVE DOWN PRICING IN41 I M NpRThi E..itN ILLINOIS MUNICIPAL ELf'CTPIC C01_1-AoonATIVE Summer 2011 BANDING TOGETHER TO DRIVE DOWN PRICING POWERTO THE PEOPLE VOL 2 RESIDENTS'ENERGY COSTS TO DROP 20-2S% Eight NIMEC municipalities competitive bids, remaining 5 NIMEC have lowered the cost of villages will be going to bid electric energy for all of Recent changes in the this summer. their residents and small Illinois legislature have businesses by 20-25%. made municipal Currently residents in This was made possible aggregation possible. Illinois are being solicited through the municipal Municipalities can now by power companies to aggregation initiative, seek bids from power move their individual suppliers to see if they can accounts. Direct mail, Residents will see their beat the ComEd rate. radio and billboard ComEd bills drop$175 to advertising are being used 200,per Year. And they The eight communities are by power companies to will not have to do anything Crest Hill, Fox River Grove, solicit individual accounts. to realize these savings. Glenwood, Harvard, New Lenox, Sugar Grove, To date 83,000 residential Commonwealth Edison will Elburn and North Aurora, accounts have individually continue to deliver the moved their accounts to power, bill monthly and NIMEC has partnered with these new suppliers. repair any power Rock River Energy interruptions. The only Services (RRES)to help The 8 NIMEC members difference will be lower communities take consist of 45,000 power costs. advantage of the lower residential accounts. rates. Of the 19 towns in Therefore, our first 8 Total savings for these northern Illinois that have villages have increased the communities will be passed their referendums, number of residents $8,000,000 per year. NIMEC and RRES are leaving ComEd by 50%. These eight communities working with 15. Additionally,the savings passed referendums in To date, 10 villages have through our municipal April of this year. The locked in lower rates with aggregation process are referendums were competitive suppliers, double those that necessary to allow the NIMEC and RRES have residents can obtain municipalities to seek consulted with all 10. The individually. 417CHERRY CREEK LANE,SUITE 2 50. PROSPE(M HEIGHTS, .. . .. fax-847-392-9303 0 C/�.y Reviewed By: J 0 • O� Legal ❑ Agenda Item Number Finance CA#5 EST. 1836 Engineer ❑ City Administrator v ltl av \`- Human Resources ❑ Tracking Number CounlY$eo' KeMal Caunry ® Community Development ❑ Police ❑ ADM 2011-24 4k. Public Works ❑ Agenda Item Summary Memo Title: Procedural ordinance Meeting and Date: City Council—November 8, 2011 Synopsis: Council Action Previously Taken: Date of Action: Admin 10/20/11 Action Taken: Forward to City Council for approval. Item Number: ADM 2011-24 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2011- AN ORDINANCE REGARDING CITY COUNCIL PROCEDURES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, the City Council of the United City of Yorkville, in accordance with the Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City ordinance; and, WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS, the City Council has discussed implementing additional procedures to supplement Roberts Rules of Order regarding City Council meetings and the four standing committees of the City Council—Administration, Economic Development, Public Safety and Public Works. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Procedures for City Council Meetings: a. City Council Meetings shall be regularly scheduled to convene on the 2°a and 4" Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers. b. City Council Meetings shall be generally conducted according to the agenda template attached hereto (most recent template will be attached). c. No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held. This provision may be waived by a supermajority of the City Council. d. City Council meeting agenda items may be added by the Mayor, consent of four (4) aldermen, or direction from a committee. e. The Mayor shall preside over City Council meeting as the Chairman,unless the Mayor is unavailable, at which time the Mayor Pro Tern shall preside. f. The City Council shall appoint the Mayor Pro Tern at the first City Council meeting each May. The appointment shall occur by calling for open nominations at the meeting, and then a roll call votes on the nominations Section 2. Procedures for Committee Meetings: a. The Mayor shall be a non-voting member of all standing committees. b. The Mayor shall select committee rosters at the first City Council meeting in May following a municipal consolidated election (i.e. every two years). c. Committee rosters may be switched by mutual, unanimous consent of the aldermen trading seats and the Mayor. d. The Mayor shall select committee chairmen and vice-chairmen. e. Any alderman may add any agenda item to any committee agenda. f. Chairmen shall select liaisons to other organizations and boards by any means they deem necessary, provided that the other organizations by-laws may govern the selection of the liaison. g. The four committees shall be: i. Administration ii. Economic Development iii. Public Safety iv. Public Works h. Each committee shall be presided over by its chairman, or in the absence of the chairman, the vice-chairman. i. Committee meetings may be cancelled by the Chairman of the committee if there is a not a quorum of the members present, or there are no agenda items which require action,by a committee. j. When moving items from the committee agenda to a City Council agenda, the committee shall make a recommendation whether that item should be on consent agenda or the committee's report. If on the committee's report, the committee shall make a recommendation whether the item is up for first reading, or is on the City Council agenda for action. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2011. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2011. MAYOR 3 C/r� Reviewed By: Agenda Item Number �► p Legal ❑ CA#6 r ° Finance ❑ EST. 1836 En ineer El-��-- g Tracking Number O Li y City Administrator ❑ Consultant ❑ G�°CWm ♦� EDC 2011-44 %4.E Agenda ❑ Agenda Item Summary Memo Title: Ordinance for ComEd Meeting and Date: City Council—November 8, 2011 Synopsis: Requires that ComEd must require that a city inspection be made before any release of electrical services. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Mark A. Hardin , CBO, MCP Building Inspection Name Department Agenda Item Notes: ET. 1836 RI Memorandum S To: Economic Development Committee 0� � ? 5ca �� From: Mark Hardin, Building Code Official CC: Krysti J. Barksdale-Noble, Community Development Director �r<CE ��'� Date: October 27, 2011 Subject: Ordinance for ComEd We are requesting that ComEd not release the electrical services on any change of occupancy on any commercial occupancy. The current ordinance requires that anytime an existing occupancy is changed, the new occupant must come to City Hall and fill out the Certificate of Occupancy Change form and get an inspection by the City of Yorkville and the Kendall Bristol Fire Department. We are asking that ComEd not release the services until the occupant obtains a Certificate of Occupancy and we are able to make an inspection of the location, business type, and zoning, prior to the release of electrical services. Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,REQUIRING THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY PRIOR TO THE TRANSFER OF ELECTRIC UTILITY SERVICE FOR A NEW OR DIFFERENT BUSINESS USE WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 5/11-30-4 of the Illinois Municipal Code (65 ILCS 5/11-30-4) the City may adopt rules and regulations for the construction, alteration, maintenance and occupancy of all property, buildings and structures in the City and in addition pursuant to its powers to protect the public's health, welfare and safety this Ordinance is adopted. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 8, Chapter 2, Section 8-2-2 of the Yorkville City Code, as amended, be and is hereby amended by adding subsection C to read as follows: "C. Whenever a certificate of occupancy for a business use is required pursuant to Section 10-14-4A of this City Code, it shall be unlawful for a public electric utility service provider in the City to transfer the electrical service to a new or different business customer without receiving notice from the City that the City has issued a certificate of occupancy for the building or portion thereof to be occupied by that business customer's use." Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK 1 ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRISFUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR 2 C/}.y Reviewed By: Agenda Item Number J� Legal ❑ CA#7 Finance ❑ EST. �� 1836 � '----- Engineer ❑ �� City Administrator ■ Tracking Number ¢ Of �0 Consultant ❑Chief of Police PS 2011-30 LCE ■ Agenda Item Summary Memo Title: Intergovernmental Agreement w/BKFD for Weather Warning Siren Meeting and Date: City Council—November 8, 2011 Synopsis: Council Action Previously Taken: Date of Action: PS 11/3/11 Action Taken: Forward to City Council for approval. Item Number: PS 2011-30 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE BRISTOL KENDAL FIRE PROTECTION DISTRICT FOR THE LOCATION OF A SEVERE WEATHER WARNING SIREN THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 1 st day of December 2011, by and between the United City of Yorkville, an Illinois municipal corporation (hereinafter "Yorkville"), and the Bristol Kendall Fire Protection District (hereinafter"District"). WHEREAS, Yorkville and the District are units of local government and public agencies within the meaning of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) (the "Act") and are authorized by the Act and by Article VII, Section 10 of the 1970 Constitution of the State of Illinois to enter into intergovernmental agreements of cooperation; and, WHEREAS, the District is the owner of property on which is located its Fire Station Number Three at 4400 Rosenwinkle Street in the City of Yorkville on which Yorkville desires to install a severe weather warning siren; and, WHEREAS, the District pursuant to Section 10(a) of the Fire Protection District Act has the authority to lease its real property which is not needed for fire protection purposes; and, WHEREAS, Yorkville and the District desire to cooperate in the construction, maintenance and operation of a severe weather warning system pursuant to the terms and conditions in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein Yorkville and the District agree as follows: 1. The Recitals are incorporated herein by reference as though fully set forth. 1 2. Purpose. The purpose of this Agreement is to provide a location on the District's Fire Station Number Three property for Yorkville to construct and maintain a severe weather warning siren to provide outdoor notification of severe and dangerous weather in the northern portion of the City of Yorkville. 3. Location. The District and Yorkville shall mutually agree to the location of the severe weather warning siren to be generally located as shown within the area indicated on Exhibit A attached hereto and made a part hereof by reference. 4. Siren. The District and Yorkville shall mutually agree to the type of siren and the supporting structure for the siren. Yorkville agrees to have the siren constructed in compliance with all building codes and ordinances adopted by Yorkville. 5. Access. The District agrees to provide access from the nearest driveway or parking area for access by Yorkville's employees and contractors to install and maintain the severe weather warning siren. Such access is shown on Exhibit B attached hereto and made a part hereof by reference. The District may change access at any time as long as similar access in width is provided to the severe weather warning siren. The District agrees to allow the installation of an underground electrical service line to provide electrical service to the severe weather warning siren. 6. Cost. Yorkville agrees to pay for all costs of the construction, maintenance and removal of the severe weather warning siren including all electrical service charges for its operation. Yorkville agrees to have a separate electrical meter for its electrical service. 7. Rent. The District agrees that the rent shall be$1.00 per year receipt of which is hereby acknowledged. 2 8. Term. This Agreement shall continue until removal by Yorkville of the severe weather warning siren and its accessory structures or tower or the District may terminate this agreement with six (6) month advance written notice to Yorkville. 9. Relocation. If for any reason the District desires to have the severe weather warning siren and its accessory structures or tower relocated to another location on its property, it may do so at its sole cost upon sixty(60) days advance written notice to Yorkville. 10. Restoration. Yorkville agrees to restore the District's property to the same condition as prior to the construction, maintenance or removal of the severe weather warning siren, accessory structures or tower, wear and tear attributable to the use excepted. 11. Liability. Yorkville agrees to indemnify and hold harmless the District, its officers or employees against any claims, actions, causes of action, demands, damages, costs and expenses arising from or in connection with the construction, maintenance or removal of the severe weather warning siren and its accessory structures or tower provided that said claims, actions or causes of action have not been caused by the negligence of the District its officers, employees or agents. 12. Amendment. Any term or condition of this Agreement may be amended, deleted or altered only by written agreement approved by and duly executed by Yorkville and the District. 13. Notice. Any and all notices required under this Agreement shall be severed personally or sent registered or certified mail and shall be considered severed to the other party when placed with the United States mail as follows: 3 To Yorkville: Bart Olson City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 To the District: Richard Dickson President Bristol Kendall Fire Protection District 103 E. Beaver Street Yorkville, IL 60560 14. Counterparts. This Agreement may be executed in several counterparts that shall be an original and shall constitute but one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the day and date first above written. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: Date: City Clerk Bristol Kendall Fire Protection District By: President Attest: Date: Secretary 4 A. 0 Co. Reviewed By: Agenda Item Number J� 4 A' .0 Legal ❑ CA#8 Finance ❑ EST. �� ''' 1836 Engineer ❑ O -� y City Administrator Tracking Number � Fic Consultant ❑ PS 2011-31 CLE `w Agenda Item Summary Memo Title: Ordinance Regarding the Regulation of Fireworks Meeting and Date: City Council—November 8, 2011 Synopsis: At the 10/6/11 PS meeting, the committee requested that a code amendment be brought back to the committee revising the code to allow the Chief of Police to approve requests for fireworks displays. Council Action Previously Taken: Date of Action: PS 11/3/11 Action Taken: Forward to City Council for approval. Item Number: PS 2011-31 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2011- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS REGARDING THE REGULATION OF FIREWORKS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS,the Mayor and City Council deem it necessary to provide for the regulation of fireworks in order to promote the health, safety, and welfare of the City's residents. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Section 5-3-11 of the City Code is hereby amended by deleting paragraph C in its entirety and replacing it with the following: C. Possession of Fireworks: It shall be unlawful for any person to possess or to discharge anywhere in the city any 1.3G fireworks, consumer fireworks, or display fireworks; provided, however, that the Chief of Police may issue a permit for the discharge of such fireworks and for pyrotechnical displays. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2011. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2011. MAYOR Red-lined version 5-3-11: FIREWORKS: C. Possession Of Fireworks: It shall be unlawful for any person to possess or to discharge anywhere in the city any 1.3G fireworks, consuiner fireworks, or display fireworks; provided, however, that the Chief of Police may issue a permit for the discharge of such fireworks and for pyrotechnical displays. Reviewed By: Agenda Item Number 0-� Legal CA#9 1836 EST. Finance ❑ Engineer ❑ Tracking Number try City Administrator ■ 0 A Consultant ❑ co�na$.Wt ,C.tJ PS 2011-32 j<kE Chief of Police ■ Agenda Item Summary Memo Title: Ordinance Prohibiting Public Urination or Defecation Meeting and Date: City Council—November 8, 2011 Synopsis: Council Action Previously Taken: Date of Action: PS 11/3/11 Action Taken: Forward to City Council for approval. Item Number: PS 2011-32 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Chief Hart Police Name Department Agenda Item Notes: Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, PROHIBITING PUBLIC URINATION OR DEFECATION WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City pursuant to Section 5/11-60-2 of the Illinois Municipal Code (65 ILCS 5/11-60-2) may define, prevent and abate nuisances and the City's authority to protect the public health, welfare and safety hereby adopts this ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 5, Chapter 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Section 5-3-12 to read as follows: "5-3-12: PUBLIC URINATION OR DEFECATION It shall be unlawful for any person to urinate or defecate in public view or on or in any street, alley, sidewalk, parking lot, yard, park, playground, school yard, cemetery, building, structure, shopping area or place of public assembly, public or utility right-of- way, or other public place commonly open to the public or owned by the City, other than in enclosed structure designated as a restroom or bathroom." Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK 1 ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. 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 2011. MAYOR 2 e"eD C/ly Reviewed By: Agenda Item Number 2 �; O J - Legal ❑ Minutes #1 1836 EST. Finance ❑ Engineer ❑ g Tracking Number °< ® E y City Administrator r-1 0 ' 1 O K-dallCmq , Consultant ❑ CC 2011-124 Agenda Item Summary Memo Title: Minutes of the City Council—October 25, 2011 Meeting and Date: City Council 11/08/11 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: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,OCTOBER 25,2011 Mayor Golinski called the meeting to order at 7:00 p.m.and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Absent Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren,City Treasurer Powell,City Attorney Orr,City Administrator Olson, Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer,Community Development Director Barksdale-Noble,Director of Park and Recreation Schraw,and Executive Director of the Y.E.D.C.Dubajic QUORUM A quorum was established. AMENDMENTS TO THE AGENDA PRESENTATIONS Swearing-in of Patrol Officer Zackery T.Rundlett Mayor Golinski swore in Patrol Officer Zackery T.Rundlett. Commendations for Patrol Officers Andrew Jeleniewski and Garrett Carlyle Police Chief Hart presented a certificate of Commendation to Patrol Officers Andrew Jeleniewski and Garrett Carlyle for their actions that went above and beyond the call of duty. Pavement Management Study Brad Sanderson from EEI gave a presentation on Pavement Management Study.(See attached) Alderman Gilson stated this was locked up in the Public Works Committee.The lock was whether or not the City should spend the money on a$100,000 pavement management study.Two members felt the money would be better spent on the roads,and two members did not.Alderman Gilson's suggested to bring it to the Council.City Administrator Olson mentioned the City might be able to find an additional $100,000.Alderman Gilson's feels all$200,000 should be put into the roads.Alderman Gilson wanted the City Council to know the history.Alderman Colosimo asked if this type of study had been done before and it had not.He asked if the$100,000 would come from this year's budget.City Administrator Olson stated the City has$100,000 of road resurfacing money budgeted for fiscal year 13.If the City decided to go forward,City Administrator Olson would try to find a way to move expenses around in different fiscal years,so the City could start earlier.The minute the City gets sales tax dollars and there is money for road resurfacing,the City can allocate that money as soon as it is received.Alderman Teeling thinks the City should not be doing this study for it would be a waste of money.Alderman Kot supported this,and feels it is a good tool for managing the City's limited funds.He believes it will serve as a blueprint of what the City should do in the future,and in the long run it will pay for itself.Alderman Milschewski was hoping that with the study,the City would see how to get the most for its money. Alderman Spears said this would be a cost savings tool;however the funds are not available.Alderman Colosimo asked after the City did the study,would the City have to redo the study at full cost down the road.EEI Engineer Sanderson stated the recommendation is to update every five years.Software would have been purchased,so the City would not pay for that twice.There would definitely be some cost savings associated doing it the second time.Alderman Colosimo asked what percentage of the$100,000 is software.EEI Engineer Sanderson stated about 15%.Public Works Director Dhuse stated it is not a large percent and the City would not have to redo all the roads.This plan takes the politics out of it.It shows the City how to best spend its money.Public Works Director Dhuse stated this is a great tool not only for short term but for long-term planning.If the City spends$250,000 a year the roads are still going to deteriorate.This will show the City how much they need to budget just to keep the roads maintained at the level they were that day.If the City Council wants to get the roads to a higher level it will show how to do that in the long term,intermediate,or short-term.It also gives the City a great tool to say that the The Minutes of the Regular Meeting of the City Council—October 25 2011—Page 2 of S City has done its research,knows what direction it wants to go,and what the City needs to do.Mayor Golinski stated many of the City subdivisions were built at the same time and will need to be resurfaced at the same time. Alderman Gilson stated the Council agrees it is a good tool.The issue is the City is taking$100,000 out of the budget that it could be spending on repairing the roads.Even if the City came up with the extra $100,000 dollars,that$200,000 is still very easily spent on resurfacing roads.Mayor Golinski stated the $100,000 does not get much in repairs.Whether the City does it this year or next,it is a good thing to look at but by not doing it he thinks the Council is being penny wise and dollar foolish.This will dictate the best way to spend the City's money in the future.Alderman Funkhouser thinks it is a good tool and a good mechanism to use to plan.If the City can't do the intended repairs for several years,at least it give Yorkville the climate so the City can target what it needs to budget for.He believes the City should consider it.Alderman Gilson doesn't think it will be hashed out in committee.In order to bring it to the Council,several of the Council members have to get together.Alderman Colosimo's recommendation is that the four of us agree to bring it to the next City Council meeting.Then the Council has time to mull it over,discuss it,think about it,talk to our constituents,and vote.Alderman Teeling asked if the City has a procedure for Alderman bringing an item to Council.City Administrator Olson said state law would dictate three.Alderman Colosimo would move that the City bring it to the next City Council meeting. Seconded by Alderman Kot.City Attorney Orr stated the Council does not need a third,for the Mayor has the right to put anything on the agenda,so Alderman Colosimo's motion and the second is a direction. Mayor Golinski stated the Council will bring it up in two weeks. PUBLIC HEARINGS None. CITIZEN COMMENTS Dan Nicholson,Logging&Lumber,W Van Emmon Street,is a business owner and has been in Yorkville for 25 years.He stated Mayor Golinski is a bully of the first order and sent his goons to Mr.Nicholson's business in an effort to harass and intimidate him into selling his property.This will never happen.Mayor Golinski is also a coward,for he sends his proxies to do his dirty work and has refused to meet with him privately.Mr.Nicholson's business supports not only himself,his three daughters,his 89-year-old mother,his two nieces,nephew,and his ex-wife.When Mayor Golinski attacks my business,he is also attacking his family.He would like for the City Council to think about how they would respond if someone attacked their family.Mr.Nicholson stated to City Attorney Orr,that he is about to make her a very busy and wealthy woman.He suggests the City quit quibbling about$100,000 for a program,and add it to the budget for him. Lisa Peterson, 1001 Adrian Street,had a couple of thoughts on the Road Study Program.As a taxpayer, she expects certain city services such as decent roads to drive on,police protection and fire protection. She doesn't expect a rec center.The city spends over$100,000 a year on Hometown Days event.The City Council was trying to get a referendum for the citizens to approve a$1 million bond for the installation of bike trails.She does not consider that a necessity.It bothers her that when the City had an engineering department they never did a road study to see which roads were in need of repair and how to budget for those repairs.Game Farm Road is on the list to get repaved,which is needs it,but there are roads in this town that are even in worse shape.If it is possible,maybe the City could be divided into quadrants and do a fourth of the study.That way the City would be spending$25,000 and have another$75,000 to use for patching.She thinks that$100,000 spent on this study would be a much better thing for long-term planning for now and down the road.As it was pointed out,it takes the politics out of it. Amy Cesich,Raintree Village,discussed the bike trails.She wanted the City Council to vote in favor of the Route 71 IDOT proposal.It is a cost to the residents of$42,000 for IDOT is picking up 80%of the cost,which is roughly$210,000.This is a vital link in the trail for our residents.She would like for the City Council to consider that taking out a small portion from 47 to 126 would be silly considering that there are trails leading to the forest preserves on either side.It's a small cost relatively speaking,and she believes it is very important for our residents in the surrounding subdivisions. Ben Niles,presented a letter to recognize excellence of Shay Rosborough.(See attached letter.) CONSENT AGENDA 1. Bills for Payment-$756,219.23(CC 2011-117) 2. Rush-Copley Phase I—Final Acceptance and Letter of Credit Reduction—accept public improvements for watermain,sanitary sewer,storm sewer,paving,street lighting,and parkway landscaping as described in the Bill of Sale for ownership and maintenance;and authorize reduction to Old Second Bank letter of credit#60101002503 in an amount not to exceed $110,609.69,subject to verification that the developer has no outstanding debt owed to the City for this project(PW 2011-60) 3. Monthly Treasurer's Report for September 2011 (ADM 2011-52) 4. Annual Treasurer's Report(ADM 2011-54) The Minutes of the Regular Meeting of the City Council—October 25,2011—Page 3 of 8 5. Fox Industrial TIF—Surplus and Termination(ADM 2011-57) a. Ordinance 2011-56 Authorizing Payment of Redevelopment Project Costs & Distribution of Surplus from the Special Tax Allocation Fund of the City's Fox Industrial Park Redevelopment Project Area—authorize Mayor and City Clerk to execute b. Ordinance 2011-57 Dissolving the Fox Industrial Park Tax Increment Redevelopment Project Area Special Tax Allocation Fund and Terminating the Designation of the Fox Industrial Park Tax Increment Redevelopment Project Area—authorize Mayor and City Clerk to execute 6. Resolution 2011-26 Regarding Access to the City Clerk's Safety Deposit Box—authorize Mayor and City Clerk to execute(ADM 2011-60) 7. Ordinance 2011-58 Approving the Revision of the 2011-2012 Fiscal Year Budget for the United City of Yorkville Regarding the Downtown TIF Fund—authorize Mayor and City Clerk to execute(ADM 2011-50) Mayor Golinski entertained a motion to approve the Consent Agenda. So moved by Alderman Spears; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye,Spears-aye,Funkhouser-aye, Gilson-aye,Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. CC 2011-114 Minutes of the City Council—September 13,2011 2. CC 2011-118 Minutes of the City Council—October 11,2011 3. CC 2011-119 Minutes of the Special City Council—October 11,2011 Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for September 13,2011 and October 11,2011 and the special city Council meeting for October 11,2011.So moved by Alderman Spears;seconded by Alderman Kot. Corrections on September 13,2011 minutes:Alderman Gilson stated page 7 of 8,last paragraph,the italics showed what he had mentioned about the different issues.It should state moved forward.Last sentence unclarity should be uncertainty.Alderman Milschewski,Page 3,above intergovernmental agreement,it said City Attorney Orr stated and now a motion on the issue needs to be made.Should say stated that a motion should be made.Page 4,right above vote before Public Safety,stated the roll call on a no vote to the original made by Alderman Munns.City Attorney Orr stated that it should say motion made and then pick up with Alderman Munns. Corrections on October 11,2011:Alderman Gilson,page 2 of 6,he wants sentence changed from he wanted the clerk to state him exactly to he wanted the clerk to report his statements exactly.Alderman Kot page 3,3`d paragraph, I"sentence should state every other town in the County.Alderman Milschewski page 2,under minutes for approval,confusing for the heading states reports but then it goes into discussion of the minutes.Page 3,3`d paragraph down,legal should be changed to illegal. A motion was made by Mayor Golinski to approve the minutes as amended. Amendments approved unanimously by a viva voce vote. REPORTS PUBLIC WORKS COMMITTEE REPORT Route 71—IDOT Letter of Understanding (CC 2011-120) A motion was made by Alderman Gilson to approve a letter of understanding between IDOT and the United City of Yorkville;seconded by Alderman Kot. Alderman Gilson wanted to know why this item was brought back to committee to discuss the changes before it came back out to the City Council.City Administrator Olson stated the letter was dated October 4,2011 and it didn't actually get brought to his attention until after the public works agenda had already been out.Alderman Kot wanted to know if this letter of understanding is with or without the trails.City Administrator Olson stated everything is including.Alderman Gilson read a statement from the July 12, 2011 City Council meeting minutes on page 6 of 9,starting in the middle of the last paragraph through almost the end of the first full paragraph of page 7.After reading that section,he does not believe the City Council has drawn any closer to answering those questions.The City still does not know what is going to happen in 2017,and has not projected those findings out to 2017.Some Council members don't believe this should be a priority at this time.The City got in trouble the first time by saying yes to these trails in a letter of understanding,and got charged back for saying yes ahead of time.He thinks by saying yes to this again the city could possibly be looking at the same predicament.He is not willing to vote yes.Mayor Golinski told Alderman Gilson he should read the next sentence which states,there will always be a little risk to get a project completed that is 5 to 10 years down the road otherwise the roads will never get The Minutes of the Regular Meeting of the City Council—October 25,2011—Page 4 of 8 widened.Mayor Golinski stated the City has to take a little risk sometimes.Alderman Colosimo stated the City will always be in this predicament to try to forecast five years out for any road development project,for this is how IDOT works.The difference he sees between the Route 71 and Route 47 bike paths is that the Route 71 bike path does not have any bells or whistles.It is just an 8 foot bike path. There are not extras the City can remove so the cost is less.The Route 47 bike path is$42,000,and he is going to vote yes.He believes it would be inconvenient for the entire biking community to have that small section of bike path cut out from the County coming in from both directions.Alderman Kot voted for this the first time.The City actually had residents coming forward saying they want this.He believes this is more than just a recreational issue.It is a means for people to get from a subdivision to businesses along 47 and 71.He looks at it as a safety issue,also.It is far enough off in the future for the City to use this as a budgeting tool so the City can plan ahead.He is going to continue to support this. Alderman Gilson stated the City Council discussed the first trail system in detail.The City said this is the upfront costs but someone is going to pay to maintain and repair the City's maintenance fees,also the City voted this through for the City didn't want to see IDOT held up.The City wanted to see Route 47 widened for it was important.In this case,it doesn't have to happen that way.The City can still go forward,still have Route 47,and have this project go forward with a letter of understanding without the trails.If the City comes back and there is funding for those trails later,then the City looks at it.The City is being inconsistent with its messages and he is going to stay consistent with his.Alderman Kot said the City can't do that for the state will change the easement if the City says it does not want the trails. Yorkville can't switch back and forth.City Administrator Olson stated that is correct.Alderman Gilson asked what does that mean.City Administrator Olson stated the state will acquire and plan to acquire less property,and design a different roadway cross-section if the City says no and tries to add it back in.That was one of the issues the City talked about at the Route 47 project for the state had already acquired the easements and engineered it.When the City adds that back in,since they had not planned for that,the City has to pay for the acquisition and the completely new engineering.There's some inefficiency as a result of that decision to say no first and then yes later. Alderman Teeling is voting in favor of this.She is happy that many members of the City Council are thinking about this,and glad that people actually see what this can bring to Yorkville's community. Alderman Funkhouser likes the trails.If the Council votes in favor of this,engineering begins.If at some point the City realizes it can't afford it then the City can eliminate easier than trying to come back and add later.They have cost in here of up to$14,400 if the City removes parts of the plan as they are itemized in the packet.This time the City actually knows an upfront cost of what Yorkville's fees could be.At this point,he doesn't know if the City has much recourse other than to go forward.If the City wants the trails, move forward,plan,and try to budget for them and if the City can't then the City will eat the cost.He would be surprised if the City eliminates the trails it's going to cost a full$14,000,because that was based on the entire project cost of$110,000.Alderman Gilson stated the City is talking about road pavement, repair and replacement of roads five years out.All this money adds up and the City could be in the same predicament that it is now.Once again the City is not prioritizing.The more the City keeps saying it is far away and the money will be found,the more the City will be in a predicament where the City cannot find the money.If that is the case,then the City will be short the essential services that the City should be providing the residents.Alderman Colosimo stated the difference between this and the Route 47 project is that if the City is in agreement and there are enough votes to allow this$42,000 expenditure to connect these two bike trails to finish off that section,the City is not pushing it off.The City will have it listed as something that it is going to budget for accordingly to make sure the money is available.The City thinks it is a vital project and thinks it is important to the residents,important for public safety,and important for the continuation of our bike trail.It is also a budgeting mechanism.Alderman Gilson stated it sounds good but the problem is the City can budget for everything and if the money is not there,it is not there. Then if the City still has roads that need repair and other essential services that need to be handled then the City may not have that money to spend on what is needed.This is an item of priority. Alderman Spears asked if the City knew for sure that Kendall County Forest Preserve sent a letter of understanding.If so,did they make a cash flow commitment and signed it.Mayor Golinski stated IDOT indicated in their e-mail that they did commit but he does not know if they actually signed a letter of understanding.Director of Park and Recreation Schraw stated they did not,because the forest preserve actually went above and just sent them a letter of commitment to IDOT right away saying the progress went through and we are committed to funding it.IDOT never had to send a letter of understanding. Director of Park and Recreation Schraw stated Kendall County Forest preserve is doing the entire trail for the County.The County is not doing the trail.City Administrator Olson stated the way he reads that is given Yorkville's past history with Route 47,they actually solicited a letter and sent it to us as opposed to Kendall County just issuing an e-mail.Director of Park and Recreation Schraw stated she has a letter of commitment from the forest preserve that is written to the city of Yorkville stating that they will fund it in those areas.City Administrator Olson stated that the difference is they would have just sent an e-mail or a letter unsolicited,not on IDOT's letterhead to them saying we are doing this,it is in our plans,and are going to fund it in the future.Whereas the City gets a letter from IDOT that the City just needs to sign and ship back to them.That is the reason why.There is not an IDOT letter of commitment,there is a Kendall County e-mail or letter somewhere floated off to them that says yes,we want to have the trail in. The Minutes of the Reeular Meeting of the City Council—October 25,2011—Paee 5 of 8 Mayor Golinski said court third district is putting in the 10 foot standard IDOT trails.It will be 10 foot on both sides of Yorkville and when it comes to Yorkville it shrink to eight-foot.Alderman Spears stated that is why our taxes will be going up.Alderman Milschewski stated that this project is estimated to be started in 2017.The City is planning for six years in advance.City Administrator Olson stated that would be the safest estimate.Alderman Milschewski stated the$42,000 is a figure in today's price.City Administrator Olson stated that is correct.Alderman Milschewski asked how this ties in with Route 47 trails.City Administrator Olson stated it does tie into it.Director of Park and Recreation Schraw stated the route 47 trail stops about 400 feet short of route 71.Due to the road improvement,they actually have the trail as part of the 71 project,because the 71 project goes North on 47 about 100 feet. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Colosimo-aye,Spears-nay,Milschewski-present, Gilson-nay,Teeling-aye,Funkhouser-aye City Attorney Orr stated that the motion passes for the present goes to the majority. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2011-59 Authorizing and Providing for the Issue of$11,150,000 General Obligation Refunding Bonds(Alternate Revenue Source),Series 2011 (CC 2011-104) Finance Director Fredrickson stated this is an ordinance authorizing the issuance of the 2011 General obligation refunding bonds which is the final step in the bond issuance process.The proceeds from this bond,in the amount of$11,150,000,will be used to refund the 2005D Rob Roy bonds,as well as the 2008 refunding Rob Roy bonds.The bonds have a stated interest rate of 4.28%,and will mature on December 30,2025.Kevin McCanna is here tonight from Speer Financial,which has served as our financial advisor. Mayor Golinski stated let's get a motion and a second first. A motion was made by Alderman Spears to approve an ordinance authorizing and providing for the issue of$11,150,000 General Obligation Refunding Bonds(Alternate Revenue Source),Series 2011 of the United City of Yorkville,Kendall County Illinois for the purpose of refunding the city's General obligation bonds(alternate revenue source),series 2005D in general obligation refunding bonds(alternate revenue source),series 2008 describing all the details of said bonds and providing for the collection and segregation of revenues sufficient to pay such bonds and authorize the Mayor and city clerk to execute; seconded by Alderman Funkhouser. Alderman Colosimo wanted to clarify the reasons the City Council is doing this.On the former bonds that were issue,there is a payment coming up at 3.9 million dollars in one fiscal year,which is an impossible obligation for the City to meet.The City cannot get$3.9 million on one bond obligation a year.The City is not taking out this money to spend this money on other projects or issues.The City is in essence refinancing an enormous debt.He believes that it is the intention of this Council to take the difference in payments and then safeguard the year and concentrate on our roads.If the City continues with the old bonds,there is no ability to pay the bonds and no ability to work on these roads.By refinancing the City can get rid of those payments.Then focus the City's attention on the roads where they need to be.He is going to vote for it and hopes the Council joins him.Alderman Teeling asked if the City Council does this refinance on the bonds,how many of these bond payments if the City going to be able to abate,and which ones are not going to be able to abate.City Administrator Olson the City is anticipating not abating three bonds,which would be about$730,000,so when adding that tax associated with debt,and with the city property tax,the City anticipates right now,if that holds true,that the residents total city property taxes next year will go down 30%.Alderman Teeling said there are still bonds the City is not going to be able to abate.City Administrator Olson stated the total amount is$730,000 this year and the City is planning on rolling that downward over the next four years.Alderman Teeling stated that$730,000 would still be on property taxes.City Administrator Olson stated that is correct.City Administrator Olson said that decision does not have to be made until January or February.Alderman Teeling asked for the total amount that the City did not abate last year.City Administrator Olson stated$2.2 million,and said there was a chart over five years which basically shows,if the City adds up the non-abating debt property taxes associated with the city property taxes,what it was last year and the reduction of what the City can expect over the next five years.That is a policy decision for the City Council.Alderman Teeling stated if the City does refinance and there are bonds that the City does not abate,what happens if the City Council does not vote to not abate those taxes.Last time when the City voted on this it was a big problem for The Minutes of the Regular Meeting of the City Council—October 25,2011—Page 6 of 8 anybody to not abate those taxes for the Council didn't want to raise taxes.It seems to her like the Council is still going to have to not abate some of those bonds.If the theory holds true,she is not going to vote to not abate those bonds.She doesn't want to raise taxes,but the City is still going to have to do it.City Administrator Olson stated yes,the City is still budgeting each year to not abate certain property taxes associated with other debts that the City also did not abate last year.That is where the$730,000 comes in. Alderman Teeling stated if the City refinances then the City Council,when it comes time to make that decision,if they choose to abate those property taxes are going to be short$730,000 to pay this debt.City Administrator Olson stated the City Council could choose to not abate.Alderman Colosimo stated the difference between what happened in the past and what the City is doing now is uncontrolled spending versus controlled spending.It is not 100%relief but the City's goal in budgeting is that every year the City is rolling more and more of those back so the City gets back to zero.The City has a planned structured idea going forward,which the City Council can at least control for the next 2 to 4 years while on this Council.After that,it will be up to future City Councils.If the City doesn't do this,then the City is looking at putting 2.2 million back on the taxpayers backs and still don't have enough money to start making these huge payment. Alderman Gilson asked what the additional$145,500 in issuance costs are.City Administrator Olson said it is the administration cost of packaging everything together,doing the bid or the negotiation process, and the closing.That carries it forward from start to finish.Alderman Gilson asked would the City have still paid this issuance cost regardless of the downgrade.City Administrator Olson stated that there would have been some issuance cost.City Attorney Orr stated that there is also an insurance cost.How much of the insurance?Kevin McCanna from Speer Financial stated it is$145,000.Alderman Gilson stated that it is not issuance it is insurance,right.City Attorney Orr stated that there is cost of issuance,also.Kevin McCanna from Speer Financial stated that the$145,000 is for a premium for insurance and noninsurance, which is also a cost of issuance.City Administrator Olson stated it is an item within the issuance cost itself.The$145,000 is specifically for insurance in case the City faults then the insurance policy will pay out to the bottom.City Attorney Orr stated that is the result of the downgrade.The bonds are now insured,and the fact that the City can still get insurance is to the City's credit.Alderman Gilson knows that there were charts and graphs to come up with the best way to do this.What impact does that extra $145,000 have on the payback timeline&on the reduction taxes and overall payments City Administrator Olson stated it doesn't.It is a small premium on top of the entire principal.The debt service scheduled, the City originally planned and budgeted for,before downgraded,is still in place.Some numbers had to be moved around and it became slightly more expensive over 15 or 20 years,but it doesn't change much. City Attorney Orr stated the City doesn't look at it that way because the insurance and interest rate would be higher even if the City could sell the bonds.The analyses Alderman Gilson is asking for is one that the City generally doesn't do.Alderman Gilson said a chart was giving with a payment of what the City should expect to see if the City paid it off during these dates or refinances with several options of different amounts of time.He wants know if that extra$145,500 changes that at all.City attorney Orr stated no,the cost of issuance is always included in the amount.Alderman Gilson wanted to know if there was a penalty for prepayment.City Attorney Orr stated this is a very unique arrangement.The City has a bond buyer that is not going to charge a penalty for prepayment but there are other ramifications.If the City prepays,then it has to prepay a minimum of 2 million.Kevin McCanna from Speer Financial stated the City has a right to prepay 2 million for the first five or six years and then the City cannot prepay more than that.After eight years the City can prepay anytime.With a traditional bond prepayment penalty it is common to prepay but after 8 to 10 years.The$2 million in bonds are subject to prepayment at any time on or after December 30,2020.That is in nine years.City Administrator Olson said the City is allowed to prepay in increments between 500,000 and 2 million once per year for certain years on the actual amount of debt.City Attorney Orr stated these are very good terms in case our sales tax doesn't come through. City Administrator Olson stated correct,that was actually a suggestion from the Bond buyer himself.City Attorney Orr stated the terms that this bond buyer offered were positively received as far as the City was concerned.Alderman Gilson stated he agrees with Alderman Colosimo.In this scenario,the City doesn't have much of a choice than to refinance.Alderman Spears stated it is going to take an additional burden off of the residents as far as raising their taxes.If the City refinances,there is going to be$350,000 to $400,000 per year that the City is attempting to budget for roads and resurfacing.These are two things that are very important to Yorkville's residents to have our roads fixed.She does not believe the City has an alternative.Alderman Funkhouser stated this is a great opportunity to provide some tax relief and take care of some problems the City has.It is good timing and a good option for the City.The relief from taxes the City is providing is doubtfully not going to be equal to any of the increases that the City is seeing in any of the other entities such as schools and the fire department.The City is doing our part to help minimize taxes and help residents.Alderman Teeling thinks that this was the original plan to refinance but steps had to be been taken to refinance.First,the City had to have a revenue stream to be able to refinance,which was the I%sales tax.It came under the former administration and was something that had to be done.The City has to have a revenue stream in order to refinance.She is not,not in favor of refinancing this debt,and understands it is a good thing for the City.When this was happening meaning the City had to not abate the taxes last year,the City Council didn't have an alternative due to needing a revenue stream.She is in favor of this and thinks it is a good thing,but she just wanted to point out that there still is going to be some debt that has to not be abated. The Minutes of the Regular Meeting of the City Council—October 25,2011—Page 7 of 8 Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Spears-aye,Milschewski-aye,Gilson-aye, Teeling-aye,Funkhouser-aye,Kot-aye Tax Levy Estimate (ADM 2011-56) A motion was made by Alderman Spears to approve the Tax Levy Estimate for 2011 to be used for purposes of conducting a public hearing on Tax Levy in the amount of$3,626,060.00;seconded by Alderman Colosimo. City Administrator Olson stated the City does this each year.It is the first step in the taxpayer process. The City is not going to make the November 8,2011 Public Hearing timeline,so the Public Hearing will be conducted on November 22,2011.Alderman Gilson believes if the City vote's yes,then it is sending the message out that the City is going to take the maximum allowed.This is sending a message that it is fine for all the tax embodies to take the maximum cap.The end result would be increased taxes.He believes the City is taxed too much already.He will be voting no on this issue.Alderman Teeling asked if all the new development that has happened in the City included in this.She assumes that is why the city is increasing the Levy for it is adding all the new businesses,if not the City won't be able to get the taxes from those new developments.Am I wrong on this?City Administrator Olson said she was absolutely correct.Even in a down economy the City is adding new taxable property. Motion approved by a roll call vote. Ayes-5 Nays-2 Spears-nay,Milschewski-aye,Gilson-nay,Teeling-aye, Funkhouser-aye,Kot-aye,Colosimo-aye PARK BOARD Albin and Sons Agreement (CC 2011-121) Mayor Golinski entertained a motion to approve a license agreement between the City and Albin Carlson and Company and authorize the Mayor and City Clerk to execute.So moved by Alderman Milschewski; seconded by Alderman Kot. City Administrator Olson said there is a spoils pile behind Geneva Kayak,which has been there even though the contract with the state for Albin and Sons has expired.This is a simple licensing agreement to allow them to keep it in place for three months and to the City's benefit some is going to be left to be used for the City's parking lot.Alderman Colosimo stated so by the end of December the pile will be gone but the agreement goes to December 2012,by which time the gravel will be laid down for the City's lot and will be blacktopped at cost.Alderman Spears asked if the City should put something in the license agreement in regards to storage of construction vehicles and materials.City Administrator Olson believes that could be possible.Even though the agreement has been signed,he can't see why vehicles should be taken from other projects to store there. Motion approved by a roll call vote. Ayes-7 Nays-0 Milschewski-aye,Gilson-aye,Teeling-aye, Funkhouser-aye,Kot-aye,Colosimo-aye,Spears-aye PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY&LIAISON REPORT Fox Valley Cable and Telecommunication Consortium Alderman Spears wanted to say that Southwest Fox Valley cable and Telecommunication Consortium gave the City our first quarter fee.They returned$19,039.02. Halloween Egg Hunt Mayor Golinski stated he was at the Halloween Egg Hunt.It was at Beecher this year.There was a big turnout.They had a pumpkin carving contest.It was a beautiful night.It was nicely done. The Minutes of the Reeular Meeting of the City Council—October 25,2011—Page 8 of 8 Jail of the Dead The Jail of the Dead was this weekend.Friday night was a little slow due to the football game but over all they did really well.There was a big crowd on Saturday.He thinks they raised about$2,000 in two days. STAFF REPORT Goal Setting City Administrator Olson stated the City had scheduled a tentative date for goal setting this coming Saturday.It has been canceled and the City will try to reschedule in November,December,or January. Leaf Pickup Public Works Director Dhuse stated that leaf pickup on the south side will start on November 7,2011, and on the north side November 14,2011. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of: 1. For collective negotiating matters between the public body and its employees or their representatives,or deliberations concerning salary schedules for one or more classes of employees. 2. The purchase or lease of real property for use of the public body. 3. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Funkhouser; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Milschewski-aye,Colosimo-aye,Kot-aye, Teeling-aye,Gilson-aye,Funkhouser-aye The City Council entered Executive Session at 8:39 p.m. The City Council returned to regular session at 9:21 p.m. Mayor Golinski entertained a motion to go into Executive Session for the purpose of 4. Pending Litigation.So moved by Alderman Teeling;seconded by Alderman Spears. The City Council entered Executive Session at 9:22 p.m. The City Council returned to regular session at 9:46 p.m. MAYOR'S REPORT Unpaid Discretionary Leave for a Certain Employee (CC 2011-122) Mayor Golinski entertained a motion to approve unpaid discretionary leave for Joe Moore. So moved by Alderman Teeling;seconded by Alderman Colosimo Motion approved by a roll call vote. Ayes-7 Nays-0 Milschewski-aye,Gilson-aye,Teeling-aye,Funkhouser-aye, Kot-aye,Colosimo-aye,Spears-aye ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:47 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville,Illinois 0 C�Ty Reviewed By: Agenda Item Number O J 0 Legal ❑ PW#1 EST. 1836 Finance E] Engineer ® � City Administrator Tracking Number ®; ■ Consultant ❑ PW 2011-56 Kemfell COUmy Agenda Item Summary Memo Title: Pavement Management Study Meeting and Date: City Council—November 8, 2011 Synopsis: Council Action Previously Taken: Date of Action: CC 10/25/11 Action Taken: Presentation from EEI Item Number: PW 2011-56 Type of Vote Required: Majority Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: November 1, 2011 Mr. Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville 60560 Re: Pavement Management System Proposal United City of Yorkville Kendall County, IL Mr. Olson: This letter is written to submit our proposal to provide professional engineering services to develop the City's Pavement Management System for the approximate 115 miles of public streets located within the City. BACKGROUND The United City of Yorkville continuously strives to improve the streets and street system with emphasis on meeting the existing and future needs of the City. Streets are a major contributor to the economic lifeline and prosperity of a community. Facilitating the constant movement of people and goods, streets and roads are essential to modern living. Maintenance of streets to a high standard of pavement serviceability in a most economical way is an ongoing task, Pavement condition evaluation and long range maintenance planning are essential parts of such an on- going.program. Proper and timely maintenance will extend pavement life and reduce life-cycle costs. The timing of street maintenance is an integral part of any pavement maintenance program and the "worst first" approach.is not necessarily the best approach. Developing a Pavement Management System far.the City is the first step in the process of future pavement maintenance. It will allow the City to identify the current condition of the streets and evaluate budget options for ongoing maintenance and a long-term improvement plan. PROGRAM DESCRIPTION The development of the proposed Pavement Management System will provide for an evaluation of all existing streets, consisting of pavement identification, inventory, conditions rating, recommended improvements, prioritization. budget analysis and ultimately the creation of a five-year long term maintenance plan. In addition, recommendations for improved street maintenance procedures, estimates of costs to repair, levels of required annual funding, estimated pavement life-cycles and prioritization of the streets to.be maintained on an annual basis will be provided. 52 Wheeler Road, Sugar Grove, IL 60554— (630)466-6700 tel — (630)466-6701 fax— www,eemeb.com Mr. Bart Olson November 1, 2011 Page 2 The key work tasks for this program are as follows: Gather Existing Information • Develop Program Goals • Physical Inspection of Roadways (IMS) • Data Entry • Data Analysis • Budgeting • Development of Five-Year Improvement Plan • Final Report • GIS Interface As listed above, the final deliverable will be an electronic database for engineering/public works use and report which will compile all of the data and information on the street system into a singular location to be utilized by elected officials and City Staff. In addition to including data relative to the roadway system data, the report will provide a discussion of the existing and proposed street needs, rehabilitation alternatives, cost estimates, time schedules, pavement evaluations, priorities, short term/long term funding, narrative and exhibits. EEI will also provide presentations of the report at a City Council or Committee Meeting, as required. The proposed report will serve as a communications device to local decision-makers and to other present and future reviewers of the report of the need, extent and cost of street improvements. Further, with the relative measure for the overall condition of each local street section, City officials and personnel will be able to: • Select appropriate treatment for each street section, • Evaluate each street section competing for immediate attention, • Anticipate future deterioration and be able to apply inexpensive maintenance options while they are still feasible, • Establish and justify budgets for street improvements that are adequate to keep the streets in good condition at the "least cost" over the long term and, • Maintain the pavement management program consistently, at regular intervals and relatively inexpensively utilizing existing City staff when possible. The PavePRO software package has been selected and will be utilized for managing the street inventory and inspection data information, analysis, projections, predictions, life-cycle costing, and linkage to the City's GIS database. In addition to the pavement analysis, there will be critical roadway assets that will be inventoried at the same time of the pavement inspection as requested by the Public Works Department. SCOPE OF SERVICES We propose to furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, and to produce a written report on the Pavement Management System. Mr. Bart Olson November 1, 2011 Page 3 A listing of the activities and items to be covered and/or provided is as follows: 1. Street Network Identification/Definition • Develop street system maps • Identify new street segments/street name list geographically & sequentially • Distinguish new segments by location, pavement type, cross-section, and/or traffic loads (if available). • Determine pavement lengths for new street segments • Obtain dates of construction for new streets and maintenance information on existing streets. Some of this information may need to be provided by City Staff, 2. Condition Survey/Assessment • Conduct a thorough non-destructive, visual pavement surface condition survey • IMS to utilize electronic data collection equipment and upload into selected software • Determine & record the physical condition of each pavement street segment • Note roadway and appurtenance problems • Identify and note probable cause for noted problems when appropriate • Obtain photographs for future extraction • Note unusual conditions and isolated problems • Note other physical features such as number of lanes, striping and turn lanes • Identify other appurtenances and include general notes regarding items such as curbing, storm sewer, inlets, manholes and street lights 3. Pavement Evaluation/Condition Prediction • Evaluate the pavement conditions • Make condition projections • Determine maintenance action to be taken 4. Economic Analysis • Establish unit costs based upon local cost factors • Compute conceptual cost estimates based upon factors determined above • Review pavement life-cycle cost estimates and factors 5. Develop Plan/Prioritization • Compile and tabulate a priority listing of the maintenance, rehabilitation or reconstruction required for each street in the program system • Develop a time based five (5) year plan for repair of the system streets that takes into account the available City funds • Develop a five (5) year prioritized program of street maintenance to repair all streets based on the computed target pavement life cycle Mr. Bart Olson November 1, 2011 Page 4 6. Document and Report • Prepare and provide 12 copies of Report with appropriate exhibits Provide presentation of Report to City Council and/or Committee • Make recommendations on the five (5) year needs and timing for the maintenance of the City's Street System 7. Asset Management • Compile inventory of signs and street lights • IMS to utilize electronic data collection equipment and upload into selected software PERSONNEL AND PROJECTS We believe that we are uniquely qualified to perform the proposed work for the City, Brad Sanderson, P.E. and Jason Bauer, P.E. will be the principal members of the firm to direct and perform the work. Additionally, Infrastructure Management Systems, Inc. (IMS) will be utilized as a sub-consultant to obtain the physical data and conduct the onsite inspections. The proposed team has extensive practical experience and academic training related to street and highway systems in general and the subject of pavement management systems as well as local street maintenance and improvements in specific. FEES AND CONDITIONS The proposed fee for the above-described scope of services shall be paid at the hourly rate of the classifications of personnel who perform the work on this project along with our subconsultant costs, with a total fee not to exceed $103,000 as estimated in Exhibit 1: Estimated Level of Effort. All costs are included in the not to exceed fee, including direct costs and the work to be performed by IMS. The attached Standard Schedule of Charges dated January 2011 will be utilized for this project. Payment for all work performed will be based on invoices submitted periodically by our firm, but not more frequently than monthly, as the work progresses and will be payable by the City within 30 days of the date of invoice. Additional assignments not described above, including but not limited to coordination with grant and/or financial consultants, and roadway design will be performed at an hourly rate for the various classifications of employees who will perform the work as listed on the attached Standard Schedule of Charges date January 1, 2011 or at an agreed upon Lump Sum price. All such extra work will be performed only in accordance with authorization by the City. This proposal shall be effect for a period of thirty (30) days from this date. If this proposal is not accepted within that period of time, we reserve the right to withdraw or revise this proposal. This proposal specifically provides for the right to use existing maps, plans, records and computer analysis as an agent of the City. Mr. Bart Olson November 1, 2011 Page 5 SCHEDULE It is anticipated that the data acquisition and analysis and system development will be completed by the end of the calendar year. The development of the final report, budget analysis and multi-year program is expected to be complete by the end of March 2012. These dates are premised upon an anticipated Notice-to-Proceed issuance by mid-November 2011. ACCEPTANCE If selected for this project, we will give our full attention to the project so that the results will be available as soon as practicable, consistent with performance of our services, response by state agencies and suppliers, meetings with the Village and other considerations. If the Program Description, Scope of Services, Personnel, Fees and Conditions and Schedule as listed above are satisfactory, please indicate your acceptance by signing both of the enclosed proposals and returning one of them to us for our records which will serve as our Agreement for Professional Engineering Services. We look forward to working with and for you on this project so that we can apply our talents to the cost- effective solution of your pavement maintenance problems. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President JMB Enclosures PC: Eric Ghuse, Director of Public Works JWF, TWT GAPublifforkville\2011\Y01 123-P Pavement Management System\PSA\proposa101.doc United City of Yorkville-Pavement Management System Exhibit 1:Estimated Level of Effort ENGINEERING DRAFTING SURVEYING ADMIN- E-4 ffPRINCtPAL E-2 E-1 P-6 P-S P-4 E-1 T-6 T-5 E-1 P-5 T4 NIA NIA A3 WORK WORK SENIOR SENIOR SENIOR SENIOR SENIOR SENIOR 1 MAN 2 MAN ITEM COST REM SENIOR PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT FIELDCREW FIELD CREW ADMIW HOUR PER NO. WORK ITEM PRINCIPAMANAGE R MANAGER ENGINEER 0 ENGINEER ENGINEER MANAGER TECHN-II TECHN,1 MANAGER SURVEYOR 1 TECHN. W/RTS W/RTS ASSIST. SUMM. REM 2 1 Data Information Collection&Review L 2 4 4 10 $ 1.386 Development of Program Goals 2 2 2 l 6 $ 860 3 Physical Ins ectioNlnventory of Roadwa s flMS! 2 2 4 Data Entry IMS 4 526 0 $ 5 Data Anal sislConcition£valuation IMS' — - 6 Bud etirxy 4 6 0 $ 16 1 ! i 28 3,740 7 Five-Year Plan Development 1 4 6 1 16 28 3,740 6 Final Re rt&Exhibits 2 i 20 40 16 6 86 10,414 9_ GIS Development I 2 4 16 ! 22 $ 3.040 0 $ _1 0 $ Y--_ 0 S l I i 0 $ 0 I i 0 $ MAN HOUR TOTAL: 0 14 1 0 46 0 84 0 1 16 0 16 1 0 1 0 1 0 0 1 0 B 184 —S -23-7-0-61 FEE SCHEDULE AS OF 01101/11 DRECT-C&W-- Senior Princical E-4 0 hours I $171 per hour= $0 Printino= $500 Princi E-3 14 hoL rs $167 r hour= $2 338 Su lies and Misc.- 5225 Senor Project Man r �E-2 0 hours A $155 per hour= $0 Computer= SO Protect Manager E-1 62 hours a $142 perhour= $8,804 Tran_ or!!!6on= Senior Pr-ct En-ngl eer/P'anner/Suryekor II P-6 0 hOLrs $130 per hour= $0 Sub-Consultant(IMS1= $78543 Senior Pr-ect Enrfl-neer/Planner/SurveLqr I P-5 84 hOLrs ffii $121 perhour= $10.184 Proiect E -ineer/Planner/SurveVor P-4 0 hours 0. $111 per hour= $0 Senior Engineer/PIanrwr/5urve P-3 0 hours 0 $102 oar hour= $0 Engineer/Planner/Surve or P-2 0 hours $93 hour= SO I Associate E ineer/Planner/Surve r P-1 0 hours S83 r Iw_ur=_$0 Senior Project Technician II T-6 _ 0 hours im $121 per hour= s0 Senior Project Technician I T-5 16 hours $111 per hour= $1,776 DIRECT EXPENSES=1 579,268 Project Technician T4 I 0 hours @ $102 er hour= SO Senior Technican j T3 0 hours $93 per hour= $0 _ _TOTAL LABOR-COSTS _& Technician T-2 j 0 1 hours { I $83 r hour= SO �� ._..__ _ __ Draftinu Ex_ae_n_ses= $4,046 Associate Technic an T-1 0 hours S74 er_h_our= $0 x-. .. , _..�( Administrative Assistant A-3 j 8� 1 hours ________Surveying Ex^nnses? $0 $78 er taut= 24 ..j...._. ------ !neerinO ExGenses=a $19034 1 Man Field Crew with RTS or GPS" i N!A 0 hours 5164 rhour= $0 Adm!nlstrative Exrenses=�_ $624 2 Man Field Crew with RTS or GPS' NIA 0 hours $236 r ho r= $tl TOTAL LABOR EXPENSES=! $23,706$624 HOURLY TOTAL= 184 1 TOTAL EEI LABOR= $23 706 TOTAL CONTRACT COSTS= $102,974 ENGINEERING ENTERPRISES,INC. SUGAR GROVE IL Exh IA1 1-lee summary x1sG:lPubkkYolkV%ITe120111Y01123-P Pavement Management System,PSA1 52 Wheeler Road Sugar Grove, IL 60554 TEL: 630 / 466-6700 FAX: 630 / 466-6701 STANDARD SCHEDULE OF CHARGES www.eeiweb.com EnginBt�R-ing January 1, 2011 Enterprises, flnc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $167.00 Senior Project Manager E-2 $155.00 Project Manager E-1 $142.00 Senior Project Engineer/Planner/Surveyor II P-6 $130.00 Senior Project Engineer/Planner/Surveyor I P-5 $121.00 Project Engineer/Planner/Surveyor P-4 $111.00 Senior Engineer/Planner/Surveyor P-3 $102.00 Engineer/Planner/Surveyor P-2 $ 93.00 Associate Engineer/Planner/Surveyor P-1 $ 83.00 Senior Project Technician II T-6 $121.00 Senior Project Technician I T-5 $111.00 Project Technician T-4 $102.00 Senior Technician T-3 $ 93.00 Technician T-2 $ 83.00 Associate Technician T-1 $ 74.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $133.00 2 Man Field Crew with Standard Survey Equipment $207.00 1 Man Field Crew with RTS or GPS * $164.00 2 Man Field Crew with RTS or GPS * $238.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) 'RTS=Robotic Total Station/GPS=Global Positioning System $1.00/Sq. Ft. (Color) Consulting Engineers Specializing in Civil Engineering and Land Surveying im September 13,2011 IMS Infrastructure Management Services 1895-D Rohlwing Road,Rolling Meadows,IL 60008 Engineering Enterprises, Inc. Phone:(847)506-1500 Fax:(847)255-2938 Jason M. Bauer, P.E. www.ims-rst.com Project Manager 52 Wheeler Road Sugar Grove, IL 60554 Reference: Yorkville Pavement Management Cost Estimate Revised Dear Mr. Bauer: IMS Infrastructure Management Services is pleased to submit our proposal to implement a pavement and asset management program for the City of Yorkville. IMS proposes to test the City's entire street network, install the current version of PavePRO Manager Software, and link the data to the City's GIS topology. Digital images and software training will be included in the scope. In addition to the pavement management program, IMS will perform a sign and street light survey and load the data into ROWMan asset management software. The Road Surface Tester (RST) performs simultaneous pavement and ROW asset data collection. The ROWMan software is integrated with the PavePRO Manager software to provide easy access to all asset data, both pavement and ROW features. Future assets could include signals, curb & gutter, pavement striping, pavement markings, sidewalks, ADA ramps, trees, inlets, manholes and more. IMS can retain the GPS referenced digital images so that the City can have the option of extracting other ROW assets in the future without incurring the additional expense of re-driving the streets. The proposed pavement management program will accurately reflect current conditions. This street information and ROW data collected by IMS, EEI and/or City staff can be used to meet many of the reporting requirements of the GASB 34'modified approach'. IMS'automated data collection can provide a cost-effective approach to expand your pavement management software into a complete asset management program. We have included a short statement of our qualifications and experience for your review. A brief description of the elements of the proposed program with corresponding fee schedule and cost summaries is included on the following pages. Many options are available including having the selected program reside in the EEI office. We look forward to working with EEI and the City of Yorkville. If you have any questions regarding the enclosed information or would like to schedule a presentation to the City, please feel free to contact our office. Very truly yours, IMS INFRASTRUCTURE MANAGEMENT SERVICES "4 4� Donald L. Hardt Manager of Client Services IMS M aslrtrctrrre Matiagemenl Services F,EI Yorkville Proposal Page 1 of 7 QUALIFICATIONS AND EXPERIENCE IMS Infrastructure Management Services is an employee owned and IM managed firm with offices in Illinois, Arizona and Ontario. We started our pavement management activities from Des Plaines, IL in the early 1960s as Novak, Dempsey & Associates. Since IMS' inception in 1985, we have progressively developed new technologies together with real-world software applications to become a recognized leader in the field of pavement and infrastructure management. Our software solutions provide the tools required to meet the complex challenges within the modern urban and rural environment. Our fleet of data collection equipment performs automated pavement surface condition surveys, rutting and roughness surveys, deflection testing, multi-camera video logging, and right-of-way asset surveys. IMS performed its first Pavement Management Program for the City of Roselle in 1974. Since they wanted to utilize MFT funding, IDOT conducted an extensive review prior to granting its approval. The City continues to use the IMS program and updates the data on a five year cycle. Many of the IMS implementations are now funded with MFT IMS has completed many pavement and right-of-way management assignments for government agencies and private-sector companies throughout the United States and Canada. As an entity, IMS has completed similar projects for: • 450 city and county agencies plus 30 large-scale public works departments. • 10 state agencies and transportation authorities. • Collected data for more than 15 different software platforms, ranging from our own proprietary systems, to 3rd party programs including CarteGraph, Lucity (GBA Master Series), INFOR/Hansen, Deighton, Azteca Cityworks, Stantec and MicroPAVER. • Developed 4 pavement and asset management applications. • Performed work with more than 8 databases and mapping applications. • Developed revolutionary data collection tools that set the standard for automated, objective surveys. Our complete lineup of pavement and infrastructure management applications includes: • PavePRO Manager—Pavement management software • ROWMan—Right-of-way infrastructure management software • Digital Image Viewer—Image software for PavePRO Manager • SURFace Pro Manager—Parking lot management software • DataVUE—Digital image and distress data viewing software /MS Infrasinicatre htmtagement Services EE/Yorkville Proposal Page 2 of 7 Specialized infrastructure asset management and related roadway services offered by IMS include: Pavement Management Services Pavement management software, implementation and training • Automated distress data collection Automated roughness and rutting measurement Manual pavement performance data collection Nondestructive Dynaflect and FWD deflection testing • Ground Penetrating Radar Parking lot management software and data collection b ,; Roadway cross fall,grade and radius of curvature data collection ' ''' • GIS interface implementation t Right-of-Way Management Services Right-of-way asset management software and implementation • Right-of-way asset data collection and condition rating • Sign retro-reflectivity surveys iii= Digital video data collection and digital image development • GPS coordinate data collection • Right-of-way asset planning • RFID Implementations In order to provide the greatest efficiency and cost savings to our clients, IMS supplements its core professional staff with long-term relationships with key service, software and technology partners. This allows IMS to stay current with industry trends and new technology, as well as to offer a wider array of software solutions. IMS is an ESRI and CarteGraph Business Partner and has a similar relationship with Lucity(GBA Master Series). We regularly collect data for a variety of 3`d party software. In addition to providing pavement management software and services, IMS operates an advanced, state- of-the-art fleet of data collection units. Our pavement and right-of-way testing equipment includes: Three(3) Road Surface Testers(RST) The RST is capable of collecting automated pavement condition and right-of-way asset information in a single pass. The RST incorporates lasers, distance measuring instruments, accelerometers and rate gyroscopes, inertial navigation based GPS and high resolution, forward and side view digital images a and video. Through the use of its laser-camera array, the RST collects objective surface distress data, roughness and rutting. Three(3) Dynaflects Dynaflects provide nondestructive, multi-sensor dynamic deflection data for pavement structure analysis. Dynaflects have a 30-year history of collecting dependable, repeatable data, and may be used on asphalt and concrete roads. IMSInfrastructure Management Services EEI Yorkville Proposal Page 3 of PROJECT REFERENCES Presented below are local project references illustrating IMS's capabilities to implement a comprehensive pavement management system. Over the years we have provided programs to over 50 Chicago Metro area agencies. IMS has just been selected to implement pavement management programs for the Village of Plainfield, Calumet City, Olympia Fields, and Batavia. Recent references include: City of St. Charles,2009, 150 miles 2 E. Main Street, St. Charles, IL 60174 James Bernahl, Engineering Manager(630)443-3709 City of Aurora,2010, 440 miles 44 E. Downer Place,Aurora, IL 60507 Kenneth Schroth, Director of Public Works/City Engineer(630)844-3621 City of Elgin,2006, 320 miles 150 Dexter Ct., Elgin, IL 60120 David Lawry, General Services Group Director, (847) 931-5961 Village of Buffalo Grove, 2008, 117 miles 51 Raupp Blvd., Buffalo Grove, IL 60089 Dick Kuenkler, City Engineer, (847)459-2523 Village of Cary, 2007&2010,73 miles 655 City Hall Drive, Cary, IL 60013 Chris Papierniak, Director of Public Works/Engineering, (847)639-0003 Village of Glenview,2007, 154 miles+parking lots 1225 Waukegan Road,Glenview, IL 60025 Russell Jensen, P.E., City Engineer, (847)904-4333 Lake County, 1990-2010,•-200 miles/year 600 W.Winchester Road, Libertyville, IL 60048 Darrell Kuntz, P.E., Project Engineer, (847)377-7459 Village of Schaumburg, 2010, 245 miles 714 South Plum Grove Road, Schaumburg, IL 60193 Steven Weinstock P.E., Director of Engineering &Public Works, (847) 923-6600 For each municipality, IMS implemented PavePRO Manager, IMS's comprehensive pavement management system. A Dynaflect device was used to collect deflection information. The projects also included detailed rehabilitation analysis, GIS integration, software installation, training and reporting. The deliverables were a detailed 5-year rehabilitation plan and annual budgets. The IMS project teams were lead by Dave Butler and Donald Hardt. IMS Infrastnxtnre Management Semites EEI Yorkville Proposal Page 4 of 7 PROJECT APPROACH Surface Condition Survey Surveys are completed using the Road Surface Tester(RST). The City will receive a continuous, objective, and accurate survey of the surface condition of the street network. These network-level surveys with intersection-to-intersection test sections can easily be linked to the City's GIS. The RST provides a great deal of flexibility and can easily adjust test section lengths to meet previously established test sections and any revised City goals. Single-direction testing will be performed on the two-lane streets. Two-direction testing is recommended for use on divided streets and arterials and collectors with four or more lanes "` r of traffic. The surface condition survey is conducted continuously over the entire length of the test section and is not based on sample sections. The information gathered in this survey ,. includes inventory, roughness, rut depth, cracking, and texture. The effects of environmental r conditions will be considered in conjunction with the surface condition survey. To provide the City with a ROW asset data collection option, IMS will collect continuous digital video during the surface condition survey. The RST combines an inertial navigation guidance system with GPS to geo- locate visible pavement and ROW features. The simultaneous pavement and ROW asset data collection capability of the RST is unique in the industry. It provides an efficient and cost-effective means to populate both pavement and asset management systems. The presence of any failed or broken concrete slabs within a test section will be recorded for further detailed identification during the deflection survey. IMS crews will use the City-identified definition of failed/broken slabs as the basis for our rating. The number of failed slabs will be recorded during the deflection survey and used by PavePRO Manager Software to give the City an option to address individual slab removal and replacement as a maintenance/rehabilitation strategy for concrete pavements. Deflection Testing Each street test section surveyed by the Laser RST will receive a deflection test. This testing will be performed using the Dynaflect device and the results of this testing will permit an analysis of the structural capabilities of the existing street section. IMS utilizes all five sensors of the Dynaflect in its structural analysis. This provides valuable information on the a capabilities of the pavement, base and subgrade sections, and the interaction between these sections. Although most u Chicago area agencies include structural analysis as part of I, " their program,the PavePRO software can now be used with or without deflection data. Deflection testing provides a more accurate assessment of pavement condition, 14 prediction of future performance and selection of optimal rehabilitation strategies. IMS I frasinicture Management Services EEI Yorkville Proposal Page 5 oJ'7 GIS and Pavement Management IMS will provide a link between the City's GIS program and the pavement management data to enable the City to display and generate color-coded maps based upon existing pavement conditions, street rehabilitation plans or most any of the data in the pavement management program. The City can use the query function of its mapping program to display the I Y pavement management data. It may also be possible for their mapping program to make queries of other ... e 1117— infrastructure plans in conjunction with its road rehabilitation plans to determine if conflicts exist between Tf plans. The future addition of ROW assets would also be geolocated on the GIS and entered in the asset ± '- management software. To most effectively maintain this °w• -` - ;," link, IMS will require a copy of the City's current electronic centerline map prior to field data collection activities. IV= ,. ' Digital Images In conjunction with the surface condition survey, each test section is recorded on GPS referenced digital videotape with forward and rearward directed video cameras and used as part of IMS' Quality Control and Quality Assurance procedures. Additional cameras can be w � used to expand the viewing area or include features of special interest to the City. IMS will provide digital images at w25' intervals for viewing in PavePRO Manager and/or through the City's GIS. Many agencies find these images valuable as a "point-in-time" record of their roads and as a source of information for a variety of engineering, legal/investigative, and _- administrative uses. They can also be beneficial in assessing = M•==- - - damage from a natural disaster or unforeseen event. IMS has developed an image module for the PavePRO Manager software. This enhancement allows for the attachment of digital images to each test section. The user can then access all the pavement management data from a selected block and view multiple digital images for the identified section on his/her computer monitor. The digital images can be captured directly from the continuous video performed as part of the RST survey, generated from an EEI or City-owned digital cameras,and/or result from scanned photos or drawings. Pavement Management Software IMS will provide the current version of PavePRO Manager Software fully loaded with IMS collected field data. Any City condition data and maintenance histories can be added following staff training. The software will be installed on the City's computer network and/or at the EEI office. Since the software is provided .:E with a site license, it can be used on laptops, field g r J Y 5bi > computers or by other departments at no additional - charge. The software provides information on existing conditions, future performance, viable maintenance and rehabilitation strategies, optimization, schedules, budgets and multiyear programs. The program can be kept {�-i- _ _. 1 f �_... current by City or EEI staff through input of rehabilitation activities. A detailed description of the software is attached. IMS I Jrostnichme Management Services EEI Yorkville Proposal Page 6 n(7 IMS will provide training for City and EEI staff in the operation and interpretation of these programs. Training is usually completed as part of a two day on-site session and can include actual operators, managers, and field staff. Alternative software programs can be implemented if the City prefers a particular program or wants the pavement management program to be part of an enterprise-wide management system (e.g. work orders, complaint tracking, inventories,fleet, etc.) Right-of-Way Asset Management System Although the pavement management software provides for pavement inventory, IMS will provide ROW asset management software for the acquisition of additional pavement and ROW features. Initially IMS will load ROWMan with the sign and street light inventory data. Traffic signals, trees, sidewalks, ADA ramps, curbs and r— gutters, inlets, manholes, pavement markings, pavement and ROW hardware, trees, and more can be included to a ,., .._.... ,,, level of detail determined by the City. Data collection for the expanded inventory can be performed simultaneously M with the surface condition survey using IMS's Laser RST or through a variety of techniques using City, EEI and/or IMS R, staff. This software is integrated with the pavement «» f_ i a r ► _ • -J management software and will meet the requirements of GASB Statement 34. !MS G f rastnicture Management Services EE!Yorkville Proposal Page 7 of 7 Im YORKVILLE, IL COST SUMMARY IMS is providing the following cost summary for the City of Yorkville based on a street network of 125 test miles(115 centerline miles with an estimated 10 miles of two direction testing). Task Activity Quantity Unit Rate Total Project Initiation Project Initiation 1 LS $2,500.00 $2,500.00 Network Referencing 125 MI $10.00 $1,250.00 Field Surveys Local Mobilization, Set up & Calibration 1 LS $1,500.00 $1,500.00 RST Surface Condition Survey 125 MI $130.00 $16,250.00 Deflection Testing 125 MI $120.00 $15,000.00 Data Management Data Processing 125 MI $20.00 $2,500.00 PavePRO Software 1 LS $4,000.00 $4,000.00 Digital Images 0 25' intervals 125 MI $13.00 $1,625.00 GIS Linkage Configuration 125 MI $20.00 $2,500.00 On Site Training (2 days ) 2 Day $1,000.00 $2,000.00 Sign &Street Light Survey Extraction Set-up 1't Master Asset List 125 MI $10.00 $1,250.00 Sign Extraction 125 MI $137.50 $17,187.50 Street Light Extraction 125 MI $28.00 $3,500.00 ROWMan Software 1 LS $2,000.00 $2,000.00 Project Management 1 LS $5,480.00 $5,480.00 Typical Pavement Evaluation $78,642.50 Qgtiona: Ouantlty Units Unit Moto Total Video St2CR02 for Future ROW Extraction 175 MI $10.00 $1.250-00 Services are provided on a unit-price basis and the City will be charged only for the actual number of miles tested or assets extracted and included in the database. The fee schedule is submitted with the assumption that the City of Yorkville or EEI will provide or assist IMS with the following information and services: Street list and GIS centerline file of roads to be surveyed complete with functional classifications. Optional asset attributes and condition assessments for the Master Asset List. Safety vehicle to trail deflection-testing equipment on arterials and collectors, if requested. Notification and coordination with other departments or agencies, if necessary. IW Irifrasinicture Management Services EEI Yorkville Proposal 9,113111 YORKVILLE, IL FEE SCHEDULE The cost summary is based on the following fee schedule. It is based on scheduling surveys in conjunction with other area projects to eliminate national mobilization charges. • Local Mobilization,Set up and Calibration $1,500.00 • Project Initiation $2,500.00 • Network Referencing $10.00/test mile • RST Surface Condition Survey $130.00/test mile • Deflection Survey $120.00/test mile • Data Processing $20.00/test mile • Pavement Width Measurement/Verification` $10.00/test mile • PavePRO Manager Software $4,000.00 • PavePRO Software Training(on site) $1,000.00/day-$600/'/2 day • Transfer of Historical Data to a New Program $85.00/hour • Engineering Interpretation,Analysis, Special Reports $125.00/hour • GIS Linkage $20.00/test mile • Digital Images @ 25'intervals(single view) $13.00/test mile • Digital Images @ 25'intervals(additional views) $10.00/test mile • Digital Video Storage for Future ROW Asset Extraction $10.00/test mile • Master Asset List Development $300-$1,500 • ROW Man Software $2,000.00 • Project Management 7.5% of Task Activities • Asset Extraction Services(fee/asset pricing) • Signs and Supports $2.50/sign or$137.50/mile • Traffic Signals and Supports $2.25/signal and/or support • Street Lights $1.75/pole or$28.00/mile • Curb and Gutter $1.75/curb block • Storm sewer Inlets $1.75/inlet • Manholes $1.75/manhole • Sidewalks $1.75-$2.25/sidewalk block • ADA Ramps $1.75/ramp • Driveway Aprons(point asset) $1.75/apron • Driveway Aprons(linear asset) $2.25/apron • Railroad Crossings $2.25/crossing • Hydrants $2.25/hydrant • Trees $2.50/tree • Pavement Markings(point assets) $1.75/marking • Pavement Striping (linear assets) $1.75/block • Guard Rails $2.50 1guard rail • Medians $2.50/median • Fences $2.50/fence • Ditches $2.25/ditch • Misc. Road and ROW Hardware $2.25/asset • Retroreflectivity Survey Special Quotes `Widths are included with a deflection survey. They are measured manually if the project only included automated surface condition surveys. Widths may be provided by the Municipality's GIS or from a previous program. Referenced charges are for IMS width measurement or verification as required. IMS hi stnicture Management Services EEI Yorkville Proposal 9113/11 Budget estimates for ROW assets are more difficult to develop because of unlimited scenarios and unknown quantities. Assets vary dramatically from agency to agency and district to district within the City depending on age, terrain, etc. Since there are some advantages to extracting multiple assets during the extraction activity, IMS will try to assist EEI and the City in developing a budget by offering a cost per mile alternative, in addition to or in lieu of the cost per asset. We will need the EEI or the City to provide one or more scenarios that include the various assets or features that would be included in the extraction process. We will then provide EEI and the City with a cost per mile to extract the additional assets. We believe that this alternative can assist the City in the budget process and eliminate surprises. If the City has a good estimate of the quantity of some of their assets, a unit price per asset may be the best approach. IMS lnfrastmctnre Management Services EF.1 Yorkville Proposal 9113111 Co. Reviewed By: J� fl" 0� Legal El Agenda Item Number Finance ❑ EDC #1 EST. '� 1836 Engineer ❑ City Administrator � � !3(®1 Human Resources ❑ Tracking Number Community Development ❑ Police ❑ EDC 2011-33 �kE Public Worics Agenda Item Summary Memo Title: Boombah Incentive Agreement Meeting and Date: City Council—November 8, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: EDC 9/6/11 Action Taken: Recommend approval Item Number: EDC 2011-33 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: C/.).l- ? O Memorandum Esr. ' 1836 To: City Council From: Bart Olson, City Administrator � p Date: November 4, 2011 K"WW .' Subject: Boombah Economic Incentive Agreement r<kE This item was last discussed by the Economic Development Committee on September 6, 2011. At that meeting, the committee recommended approval of an incentive agreement with Boombah. Since that meeting, discussions with the owner of Boombah have continued on a variety of incentives for projects in the downtown, which are referenced in the Boombah agreement. Also, ProBuild has since announced their closing, which means the sections in the agreement presented to the EDC related to ProBuild are now moot, and have been removed. Other changes to the agreement involve a change in preference for the first five years of sales tax rebates. The agreement presented to the EDC had a provision whereby the City received the first $20,000 of sales taxes, and Boombah received 100% of sales taxes after $20,000, for the first five years. The second five years of the EDC agreement had a simple 50/50 sales tax split. The draft presented to City Council is a 50150 split of all sales taxes for the entire ten year term. The agreement still contains a provision whereby the City asks for Boombah's input on the expenditure of TIF funds each year, depending on the amount of sales taxes generated by Boombah. Nothing in this section obligates the City to spend those funds where Boombah prefers; their input is advisory only. Ordinance No. 2011- ORDINANCE APPROVING ECONOMIC INCENTIVE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND BOOMBAH WHEREAS, the United City of Yorkville, Kendall County, Illinois, 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, Boombah is in the business of manufacturing customized sports apparel, footwear, uniforms and accessories and is currently located in Morris, Illinois, and has approached the City to propose that it acquire property in the City located west of Route 47, north of Cannonball Trail on Wheaton Avenue and relocate its distribution center to this location on the condition that the City provides certain incentives in order to induce it to proceed with this major undertaking; and, WHEREAS, Boombah has also advised the City that it intends to invest in the redevelopment of the City's "downtown district" on the condition that the City itself continues to invest in the redevelopment of this area through the use of incremental real estate taxes available as a result of the City's designation of the Downtown Yorkville Redevelopment Project Area (the "Redevelopment Project Area" or "Downtown District") pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (the "TIFAct"); and, WHEREAS, the Mayor and City Council of the City have reviewed the qualifications and business operation of Boombah and have concluded that Boombah's proposed investment in the Downtown District and Boombah's relocation of its distribution center to the City would substantially increase job opportunities for the citizens of the City and provide for economic development thereby enhancing the tax base of the City and the other taxing districts and add to 1 the wealth and prosperity of the City and its citizens; and, pursuant to the Illinois Municipal Code, 65 ILCS 511-1-1, et seq., is prepared to enter into an economic incentive agreement with the terms, requirements and conditions as set forth in the Economic Incentive Agreement attached to this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The Economic Incentive Agreement by and between the United City of Yorkville and Boombah in the form attached to this Ordinance is hereby approved and the Mayor and City Clerk are hereby authorized to execute and undertake any and all actions and deemed necessary to implement its terms. Section 2. 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. United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. CHRIS FUNKHOUSER GEORGE T. GILSON, JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2011. Mayor Attest: City Clerk 2 ECONOMIC INCENTIVE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND BOOMBAH THIS ECONOMIC INCENTIVE AGREEMENT dated as of the day of , 2011, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and Boombah (hereafter"Boombah"). 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, Boombah is in the business of manufacturing customized sports apparel, footwear, uniforms and accessories and is currently located in Morris, Illinois; and, WHEREAS, Boombah has approached the City to propose that it acquire property in the City located west of Route 47, north of Cannonball Trail on Wheaton Avenue (the "Subject Property") and relocate its distribution facility to this location on the condition that the City provides certain incentives in order to induce it to proceed with this major undertaking; and, WHEREAS, Boombah has also advised the City that it intends to invest in the redevelopment of the City's "downtown district" on the condition that the City itself continues to invest in the redevelopment of this area through the use of incremental real estate taxes available for such purpose as a result of the City's designation of the "downtown district" as the Downtown Yorkville Redevelopment Project Area (the "Redevelopment Project Area" or "Downtown District") pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (the "TIFAct") and the adoption of a Redevelopment Plan and Project for this Redevelopment Project Area (the "Redevelopment Plan") and the TIF Act as applicable to this Redevelopment Project Area; and, 1 WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities") have reviewed the qualifications and business operation of Boombah and have concluded that Boombah's proposed investment in the Downtown District and Boombah's relocation of its business operation to the City would substantially increase job opportunities for the citizens of the City and provide for economic development thereby enhancing the tax base of the City and the other taxing districts, and, add to the wealth and prosperity of the City and its citizens; 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, WHEREAS, before entering into such agreement to share or rebate Sales Taxes, the City must find that the property subject to the proposed agreement, if developed, supports buildings which do not meet current codes or are underutilized and, further, 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, the Project will serve as a catalyst for the commercial development of adjacent areas; and, 2 WHEREAS, the City is prepared to make such findings as required by the Act and such other incentives all as hereinafter set forth in order to induce Boombah to relocate its distribution facility to the City and to invest in the redevelopment of the City's Downtown District. 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 Boombah. 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 collected by the City as provided by the Illinois Revenue Code, as set forth in Section 4 hereof: A. the Subject Property is currently improved with a structure of approximately 70,000 square feet, most of which is unoccupied and underutilized for at least one (1) year; B. the addition of a new business operation with no less than ninety (90) employees shall bring new employment opportunities to the City; C. that with the addition of a new business to the City and the occupation of an underutilized, substantially vacant commercial structure, development to adjacent areas is inevitable; D. that after weeks of negotiation, it is evident that without the incentives as hereinafter set forth, the redevelopment of the Subject Property would not be possible; and, 3 E. Boombah's ability to provide no less than ten percent (10%) of the equity required to undertake this acquisition and relocation demonstrates Boombah's creditworthiness and financial strength. Section 3. Boombah's Obligations to the City. A. On or before December 31, 2011, Boombah shall have acquired fee simple title to the Subject Property. B. On or before December 31, 2012, Boombah shall have relocated its business and its distribution facility and have begun the operation of its business and have certified to the City that it is employing a minimum of ninety(90) employees at said location. C. Boombah covenants and agrees that throughout the term of this Economic Incentive Agreement, Boombah shall: (i) continue to operate its business and maintain its distribution facility at the Subject Property; (ii) pay all of its employees no less than ten dollars ($10.00) per hour as of 2012, increased by the consumer price index each year thereafter during the term of this Economic Incentive Agreement. Section 4. Obligations on the Part of the City to Boombah. A. Within ninety (90) days after the relocation of the distribution facility and commencement of the business operation of Boombah at the Subject Property, the City covenants and agrees to rename Wheaton Avenue to Boombah Boulevard. B. The City covenants and agrees that for a period of one-hundred twenty (120) months (the "Rebate Period") after the commencement of Boombah's business operation at the Subject Property (the "Commencement Date"), the City shall rebate to Boombah every three months thereafter from the Commencement Date (the "Quarterly Rebate") revenue distributed to the City from the 1% Sales Tax imposed pursuant to the Illinois Revenue Code from Boombah's 4 business operation in an amount equal to fifty percent (50%) of the 1% sales tax from Boombah's business operation each twelve (12) month period from the Commencement Date during the Rebate Period, C. The City also covenants and agrees that during the Rebate Period, the City shall, each twelve (12) month period during the term of this Economic Incentive Agreement, expend incremental real estate taxes available as a direct result of the application of the TIF Act to the Downtown District, an amount equal to the fifty percent (50%) of the 1% Sales Tax distributed to the City generated by Boombah's business operating at the Subject Property for public improvements to the Downtown District, on the following conditions: (i) funds are available within the Special Tax Allocation Fund as established by the Corporate Authorities for the Downtown District; (ii) Boombah or its assignee has invested in excess of two million dollars ($2,000,000) in the Downtown District; and, (iii) such expenditures by the City are "redevelopment project costs" as defined by the TIF Act. The City shall consult with Boombah to prioritize the public improvements to be undertaken by the City as a result of its adoption of the TIF Act as applicable to the Downtown Districts and agrees to,prepare a budget for approval of such expenditures by the Corporate Authorities of the City based on the prior twelve month revenues from the 1% Sales Tax generated by Boombah's business operating at the Subject Property, on or before each April 30 during the term of this Economic Incentive Agreement. Section 5. Term of this Economic Incentive Agreement. 5 This Economic Incentive Agreement shall commence upon its execution and, unless terminated earlier, pursuant to Section 12 hereof, shall terminate upon payment to Boombah of the Quarterly Rebate of the 1% Sales Tax for the last three months of the Rebate Period. Section 6. Mutual Agreements. (A) In order to calculate the amount of the each Quarterly Rebate of the I% Sales Tax as hereinabove required to be paid to Boombah by the City, Boombah agrees to provide the City access to all data regarding sales and deposits of sales taxes with the Illinois Department of Revenue for all business operating at the Subject Property during the term of this Economic Incentive Agreement. The City and Boombah shall jointly exercise reasonable efforts to establish a system with the Illinois Department of Revenue to arrange for the receipt of such information. Additionally, Boombah 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, 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 Boombah 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 party'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, 6 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 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. Boombah Indemnification. Boombah 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 Boombah, or any contractor, subcontractor, agent, or employee thereof (so long as such contractor, subcontractor, agent, or employee thereof is hired by Boombah) to timely pay any contractor, subcontractor, laborer, or materialman, from any default or breach of the terms of this Economic Incentive Agreement by Boombah; or from any negligence or reckless or willful misconduct of Boombah or any contractor, subcontractor, agent, or employee thereof(so long as such contractor, subcontractor or agent or employee is hired by Boombah). Boombah 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, Boombah shall have no obligation 7 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 9. 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 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 10. 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 11. 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 (3`d) 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: Boombah Boombah Blvd. Yorkville, Illinois 60560 8 With a copy to : To the City: Bart Olson, City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to: Kathleen Field Orr Kathleen Field Orr &Associates 53 West Jackson Boulevard Suite 935 Chicago, Illinois 60604 Section 12. Remedies—Liability. (A) If, in the City's judgment, Boombah is in material default of this Economic Incentive Agreement, the City shall provide Boombah with a written statement indicating any failure on Boombah's part to fulfill its obligations under this Economic Incentive Agreement. Except as required to protect against further damages, the City may not exercise any remedies against Boombah 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 Boombah 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. 9 (B) If Boombah 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. (C) If prior to completion of Boombah'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 Boombah; or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Boombah insolvent or unable to pay Boombah's debts; or Boombah makes an assignment for the benefit of its creditors; or a trustee or receiver is appointed for Boombah or for the major part of Boombah'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 17(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 Boombah's judgment, the City is in material default of this Economic Incentive Agreement, Boombah shall provide the City with a written statement indicating any failure on the City's part to fulfill its obligations under this Economic Incentive Agreement. Except as required to protect against further damages, Boombah may not exercise any remedies 10 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 constitute a breach of this Economic Incentive Agreement. Any failure or delay by Boombah 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 11 different times, of any other rights or remedies for the same default or for any other default by the other party. Section 13. 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 14. Assignment. This Economic Incentive Agreement may not be assigned without the written consent of the City, which consent may not be unreasonably withheld. Section 15. 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] 12 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 Boombah an Illinois Limited Liability Company By: Its President Attest: Secretary 13