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City Council Packet 2011 10-25-11 o C/,)..a United City of Yorkville J � 800 Game Farm Road EST -- 1836 Yorkville Illinois 60560 -4 - ? Telephone: 630-553-4350 Kr �o; Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, October 25, 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 Zackery T. Rundlett 2. Commendations for Patrol Officers Andrew Jeleniewski and Garrett Carlyle 3. Pavement Management Study Public Hearings: Citizen Comments: Consent Agenda: 1. CC 2011-117 Bills for Payment- $756,219.23 2. PW 2011-60 Rush-Copley Phase I—Final Acceptance and Letter of Credit Reduction—accept public improvements for watermain, sanitary sewer, storm sewer,paving, streetlighting, 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 3. ADM 2011-52 Monthly Treasurer's Report for September 2011 4. ADM 2011-54 Annual Treasurer's Report 5. ADM 2011-57 Fox Industrial TIF—Surplus and Termination a. Ordinance 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 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 City Council Meeting Agenda October 25, 2011 Page 2 Consent Agenda (cont'd): 6. ADM 2011-60 Resolution Regarding Access to the City Clerk's Safety Deposit Box—authorize Mayor and City Clerk to execute 7. ADM 2011-50 Ordinance 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 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's Report: Public Works Committee Report: 1. CC 2011-120 Route 71 —IDOT Letter of Understanding Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: 1. CC 2011-104 Ordinance Authorizing and Providing for the Issue of$11,150,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2011 2. ADM 2011-56 Tax Levy Estimate Park Board: 1. CC 2011-121 Albin and Sons Agreement Plan Commission: Zoning Board of Appeals: City Council Report: City Clerk's Report: City Treasurer's Report: Community and Liaison Report: Staff Report: Executive Session: 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. City Council Meeting Agenda October 25, 2011 Page 3 Executive Session (cont'd): 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. Mayor's Report(cont'd): 1. CC 2011-122 Unpaid Discretionary Leave for a Certain Employee Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES --------------------------------------------------------------------—-----------------------------------------------------------------------------------------------PUBLIC WORKS: November 15, 2011 —6: 00_p.m.—City Hall Conference Room; --------------------------------------------------- - --- ---------- ----- -------- - --------- ------------------ Committee Departments Liaisons Chairman: Alderman Gilson Public Works Park Board Committee: Alderman Teeling Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Milschewski ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ;ECONOMIC DEVELOPMENT: November 1,_2011 —6:30 p.m.—City Hall_Conference Room; ------- ---------- ------------------------ Committee Departments Liaisons Chairman: Alderman Munns Community Development Plan Commission Committee: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Teeling I--------------------------------------------------------------------------------------------------------------------------------------------------------- ;PUBLIC SAFETY: November_3, 2011_—6:30 p.m.—_City Hall Conference Room; ------- ----------- ------- - - ------------------------------------------------------------------------------ -------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Committee: Alderman Spears School District Committee: Alderman Kot Committee: Alderman Funkhouser ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION: November 17, 2011 —7:00 p.m.—City Hall_Conference Room; - --------- ----------------- - ---- - Committee Departments Liaisons Chairman: Alderman Spears Finance Library Committee: Alderman Gilson Administration Committee: Alderman Colosimo Committee: Alderman Munns UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, October 25, 2011 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Swearing-in of Patrol Officer Zackery T. Rundlett 2. Commendations for Patrol Officers Andrew Jeleniewski and Garrett Carlyle 3. Pavement Management Study ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-117 Bills for Payment- $756,219.23 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-60 Rush-Coley Phase I—Final Acceptance and Letter of Credit Reduction ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2011-52 Monthly Treasurer's Report for September 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2011-54 Annual Treasurer's Report ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2011-57 Fox Industrial TIF— Surplus and Termination a. Ordinance 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 ❑ Approved: Y N ❑ Subject to ❑ Removed b. Ordinance 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 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2011-60 Resolution Regarding Access to the City Clerk's Safety Deposit Box ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. ADM 2011-50 Ordinance Approving the Revision of the 2011-2012 Fiscal Year Budget for the United City of Yorkville Regarding the Downtown TIF Fund ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-114 Minutes of the City Council— September 13, 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2011-118 Minutes of the City Council—October 11, 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2011-119 Minutes of the Special City Council—October 11, 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-120 Route 71 —IDOT Letter of Understanding ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-104 Ordinance Authorizing and Providing for the Issue of$11,150,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-56 Tax Levy Estimate ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PARK BOARD REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-121 Albin and Sons Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- EXECUTIVE SESSION: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-122 Unpaid Discretionary Leave for a Certain Employee ❑ Approved: Y N ❑ Subject to ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- CO. Reviewed By: Agenda Item Number 2 F O Legal ❑ Presentation#3 EST , 1836 Finance ❑ Engineer Tracking Number �� ` City Administrator Consultant ❑❑ PW 2011-56 LLE �1. Agenda Item Summary Memo Title: Pavement Management Study Meeting and Date: City Council— 10/25/11 Synopsis: Council Action Previously Taken: Date of Action: PW 10/18/11 Action Taken: Discussion Item Number: PW 2011-56 Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Pavement Management Program Overview October25, 2011 Pavement Management Program Overview October 25, 2011 Presented By: Bradley P. Sanderson, P.E. Discussion Outfin.1�. • Pavement Management • Inventory and Database Generation • Maintenance and Rehabilitation • Budget Analysis and Goals • Summary of Benefits Pavement Management Program Overview October25, 2011 Pavement Management,, • What is a Pavement Management Program (PMP)? — It is a decision making process that helps municipalities make cost-effective decisions concerning the maintenance and rehabilitation of their jurisdiction's pavements r!!' Pill iiiiiiii� 11111111i� • Five Key Components of a PMP — Inventory - Gather Pertinent Data and Complete Physical Inspection of Each Roadway — Database - Develop and Maintain Records of Current and Past Conditions of Pavement Sections — Budget-Analyze Current Budget and Develop Budget Scenarios for Future Expenditures — Prioritization - Determine the Most Effective Way to Apply Budget on an Annual Basis. — Communication - Provides a Means to Convey Plans and Ideas Among City Staff and Elected Officials, the Community, the Media and other Government Agencies Pavement Management Program Overview October25, 2011 Inventory and Database • Inventory — Select Appropriate Database Software — Conduct Roadway Inspections • Gather and Document Data (Pre-Inspection) — Construction Year, Length, Width, Roadway Type, Pavement Data, Maintenance History • Field Inspection/Condition Data — Manual —Automated Inventory and Database, • Inventory — Identification of Pavement Distress — Accumulation of Distresses Reduces Pavement Rating — Pavement Rating • "Pavement Condition Index" (PCI) • Scale from 0-100 — New Pavement, No Distress—PCI of 100 — Old Failed Pavement, Heavy Distress—PCI of 0 Pavement Management Program Overview October25, 2011 Inventory and r r .` • Types of Distress —Alligator Cracking • Types of Distress — Block Cracking Pavement Management Program Overview October25, 2011 Inventory and Database • Types of Distress — Depressions Inventory and Database Y • Types of Distress — Transverse Crack Pavement Management Program Overview October25, 2011 Inventory and Database,,' r a • s • Types of Distress — Pothole Inventory . • r . .. • Types of Distress — Raveling Pavement Management Program Overview October25, 2011 Inventory and Database!, • Types of Distress — Edge Cracking Inventory sit. fi - and Databasel, • Analysis — Distress Type, Quantity and Severity Entered into Software — Software Develops Rating (7 Typical Categories) • Excellent(86-100) • Very Good (71-85) • Good (56-70) • Fair(41-55) • Poor(26-40) • Very Poor(11-25) • Failed (0-10) 1 • . - I Inventory and Database Examples — Excellent Roadway... ... . Inventory and Data NY�,. ., I� o 'ter� s����•, ,,. 'SaVlx;iltiy'NeAVt,Sutyyl'GiaVfal GC3:•ti-Iti3?�.t,:wLrG01r�•.�:, �.�- ....,."., ....� �� Pavement Management October25, I Inventery and Database • -s — Very ' • • El ` "�i" 11®116 • Inventory and Database Develop Condition Maps 7 LMWMR Hlvllllllllll � 1 !11111 11rF11A I i,{L1 11.E I I.rr i I •4 111,1er3111� •, `�y��A A.A�11 ���. ,JIIA{e111,IreJFp �s■. .1 11 IIAl11et11T �a�� 1111 11111111) l i 111, Ifrtllr � t �N�i .- �11111E1 Ir111111111AI�IR IRI ��r,i lW1►'�� 11,1111 loll FI Ii 11111E I� i S.+ i�., f�,t R u,`iEnlrii�nunullin I 1 • i � � �s� .s 4;4YIA;iIi'I'kc*1tl.Sliti Sr.vauvc,PL I'y`.,�-S4 {G30iY!i 57C�lin 'IG3c•�I[»%.r,'la, .,..= :Fhrnni Pavement Management Program Overview October25, 2011 70 529966% ■2003 Pa 2006 Pa l 60 —- 50 O 40 3 o - ,� 30 16%JiU% c 20 0 1 2 3 4 5 6 7 PCI Category Maintenance and Rehabilitation • Utilize Software — Develop Recommended Annual Expenditure — Review Rehabilitation Methods — Identify Timelines for Preventative Maintenance • Develop Improvement Schedules — Multi-Year Plan — Prioritization to Maximize Budget Effectiveness • Not Necessarily "Worst First" Pavement Management Program Overview October25, 2011 Maintenance and Rehab.ilitatio-7 nj • Preventative Maintenance ($0.15 - $0.50/SF) — Crack Sealing — Intermediate Patching Program — Drainage Improvements — Microsurfacing or Other Surface Treatments — Extend Serviceability of Roadways • Resurfacing ($1 .00 - $4.00/SF) • Reconstruction ($8.00 - $12.00+/SF) I mliil Maintenance A Rehabilitation,, 120 Time for Preventative Measures($0.15- 100 50.50/SF) Time for Resurfacing (51.00- 80 $4.00 1SF) Time for Reconstruction a 60 ($8.00-$12.001SF) Standard Pavement 40 PC/Reduction Curve 20 0 0 5 10 15 20 25 Time(Years) Pavement Management Program Overview October25, 2011 or • Review Current Expenditure Level — Effect on Long Term Rating? — Review Current Prioritization Process • Determine Effect of Various Budget Levels — Drop in PCI? — Maintain/Increase? • Use Process to Identify Balanced Approach Towards Annual Program — Preventative Maintenance — Delay Resurfacing — Resurfacing — Delay Reconstruction — Long Term Goals Budget Analysis and Goals 100 _ 95 so 250K 500K—750KI 85 80 79.93 60.35 75 70 68.82 65 - 60 55 50 2005 2006 2007 2008 2009 2010 2011 2012 Pavement Management Program Overview October25, 2011 13r i 0 • Improve the Efficiency of Decision-making Involving Pavement Management Activities • Develop Multi-Year Program that can be easily Justified and Communicated • Predict Future Condition of Pavement for Different Levels of Funding and Shows the Effects of Under- funded Road Programs • Inventory and Database can be Periodically Updated to Monitor Progress Ciro O� Memorandum To: Public Works Committee E . 1836 From: Bart Olson, City Administrator 4 L�� CC:al Date: October 14, 2011 ..V2O Subject: Pavement management study LE Background This item was last discussed at the September Public Works Committee meeting. At that meeting, the committee heard a presentation from Engineering Enterprises on a proposal to complete a City-wide pavement management study. The committee felt the study was worthwhile,but had budget concerns. Budget concerns A printout of the City-wide capital fund budget for FY 12 and beyond is attached to this memo. The line-item for"road resurfacing"is related to the non-home rule sales tax referendum, and is staff's current estimate of the amount of funds not needed to pay debt service on the City's 2011 refinancing bond. Per direction from the City Council, these leftover funds were to be directed toward road improvements and repair. Since the amount of funds dedicated for road improvements and repair is expected to increase in FY 14 and each year thereafter, it is my recommendation that the first money spent out of this line item go towards a pavement management study. As the presentation described, there is a unique relationship between pavement deterioration, time, and money—in other words, spending money at certain points versus others in the life cycle of pavement will save us money down the road (pun intended). In order to make sure that we get the biggest bang for our buck in FY 14, it is my recommendation that we complete the pavement management study immediately. The timing of the pavement management study related to budget appropriations (i.e. $100,000 currently budgeted in FY 13), is something Director Fredrickson and I can study and make a suggestion on at a later date. FY 2010 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Account Description Actual Actual Adopted Projected Proposed Projected Projected Projected Projected City-Wide Capital-23 23-000-41-00-4170 STATE GRANTS 64,000 231,000 231,000 - STATE GRANTS-RIVER ROAD BRIDGE - - 700,000 700,000 - - - 23-000-42-00-4210 BUILDING PERMITS - - 17,600 17,600 17,600 17,600 17,600 17,600 17,600 23-00042-00-4213 ENGINEERING CAPITAL FEE 6,200 3,100 3,000 3,000 3,000 3,000 3,000 3,000 3,000 23-00042-00-4214 DEVELOPMENT FEES - - 20,000 20,000 20,000 20,000 20,000 20,000 20,000 23-00042-00-4222 ROAD CONTRIBUTION FEE 14,000 22,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 23-000-45-00-4500 INVESTMENT EARNINGS - 19 - - - - - - - 23-000-46-00-4690 REIMB-MISCELLANEOUS 54,600 1,200 - - 23-000-49-00-4900 BOND PROCEEDS - - - - - - 4,500,000 - - 23-000-49-00-4901 TRANSFER FROM GENERAL 100,000 135,484 125,000 368,400 352,748 243,400 589,343 589,343 589,343 23-000-49-00-4915 TRANSFER FROM MOTOR FUEL TAN - 96,000 - - - - - - - 23-000-49-00-4984 TRANSFER FROM LIBRARY DVLF - - - - Revenue 174,800 321,803 416,600 1,360,000 1,113,348 304,000 5,149,943 649,943 649,943 23-230-54-00-5462 PROFESSIONAL SERVICES - 5,740 - - - - - - - 23-230-54-00-5495 OUTSIDE REPAIR AND MAINTENANCE - - 23-230-60-00-6010 IMPROVEMENTS NOT TO BUILDINGS - - - - - - 23-230-60-00-6015 ROAD RESURFACING - - 100,000 300,000 300,000 300,000 300,000 23-230-60-00-6023 OLD JAIL PURCHASE 161,549 - - - - - - 23-230-60-00-6041 SIDEWALK CONSTRUCTION 10,484 - - - - - - - 23-230-60-00-6070 VEHICLES - 4,000 4,000 4,000 4,000 4,000 4,000 4,000 23-230-60-00-6073 GAME FARM ROAD PROJECT - - - - 4,500,000 - - 23-230-60-00-6075 RIVER ROAD BRIDGE PROJECT - 1,000,000 1,000,000 - 23-230-60-00-6078 PALMER COURT 10,000 23-230-60-00-6083 TOWN SQUARE PARK - - - 23-230-60-00-6085 FAXON ROAD-ROW - 23-230-60-00-6092 SAFE ROUTE TO SCHOOL PROJECT - - 231,000 231,000 Clark Property 23-230-97-00-8000 PRINCIPLE PAYMENT 100,000 125,000 125,000 125,000 - - - 2015 Bond 23-230-97-00-8000 PRINCIPLE PAYMENT - - - - 143,443 149,898 156,643 23-230-97-00-8050 INTEREST PAYMENT - - - - - - 202,500 196,045 189,300 Expenditures 100,000 302,773 .160,000 1,360,000 1,114,000 304,000 5,149,943 649,943 649,943 Surplus(Deficit) 74,800 19,030 56,600 - (652) - - - - Fund Balance (18,378) 652 51.537 652 - - - - - -18.38% 0.22% 14.32% 0.05% 0.00% 0.00% 0.00% 0.00% 0.00% 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-6700 it, FAX: 630 / 466.6701 www.eelwob.com Engrinammring Eni+nrImASWE s, In=. Mr. Bart Olson, City Administrator September 15, 2011 DRAFT 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 modem 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 for 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. Consulting Engineers Specializing In Civil Engineering and Land Surveying Mr. Bart Olson September 15, 2011 Page 2 The key work tasks for this program are as follows: • Gather Existing Information • Develop Program Goals • Physical Inspection of Roadways (Infrastructure Management Systems, Inc.) • Data Enfry • 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. 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. A listing of the activities and items to be covered and/or provided is as follows: G:1Public\Yorkville120111YO1123-P Pavement Management System\PSA\proposa101.doc Mr. Bart Olson September 15, 2011 Page 3 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. 6. Document and Report • Prepare and provide 12 copies of Report with appropriate exhibits • Provide presentation of Report to City Council and/or Committee G:\Public\Yorkville\2011\YO1123-P Pavement Management System\PSA\pmposa101.doc Mr. Bart Olson September 15, 2011 Page 4 • Make recommendations on the five (5) year needs and timing for the maintenance of the City's Street System 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 speck. FEES AND CONDITIONS The proposed fee for the above-described scope of services will be a Lump Sum price of $103,000 in accordance with the attached Exhibit 1: Estimated Level of Effort. 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. 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 February, 2012. These dates are premised upon an anticipated Notice-to-Proceed issuance by the end of September 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 G APub11c\Yorkvi11e1201I\Y01123-P Pavement Management System\PSA\proposa101.doc Mr. Bart Olson September 15, 2011 Page 5 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. Jason M. Bauer, P.E. Project Manager Bradley P. Sanderson, P.E. Vice President JMB Enclosures PC: Eric Dhuse, Public Works Director JWF, TWT G:XPub1ic\Yorkv111e12011%Y01123-P Pavement Management System\PSAlproposal01.doc United City of Yorkville-Pavement Management System Exhibit 1:Estimated level of Effort E� E3 E 2 :. E-1 P 8 P3 P 4' .. E 1. TB:::;: FS E-1 P-5 . T4 WA WA A-3 WORK WORK SENIOR SENIOR' 8Qdldt SEND SENIOR: SENIOR- 1 MAN 2 MAN tTElul COST ITEM ;SENIOR' PRG:iECF PROJECT PROJECT PROJECT PROJECT PROJECT PROJECIt PROJECT .PROJECT .:PROJECT PROJECT RELDCREW FMMCREW AOM9c HOUR PER No. VVbW ITEM PRINCIPAL MANAGER MANAGER ENGINEER N aNGINEIM MAMA IER TECHN.ll TEdW I:-MANAGER SURVEYOR I TECHN. VVf RTS Wf RTS ASSIST. SUMM.. ITEM 1 Data Infionneom Collection&Review 2 4 4 10 1,386 2 Development of Proaram Goals 2 2 2 6 860 3 1 Physical Inspection/Inventory Inspection/Inventory of Roadwwa RMS) 2 2 4 3 526 4 Data En i J22 5 Data Anal Bon Evaluation IMS 6 B 4 8 6 3,740 7 Five-Ye Plan Development 4 a 16 3,740 8 Final R 8 Exhibits 2 20 40 16 8 10 414 9 GIS Devel 2 4 16 $ 3 040 $ $ 0 0 $ 0 0 8 0 1 14 0 1 46 0 84 0 18 0 18 0 0 0 0 1 0 1 8 184 23 708 for al E-4 0 hours Q 17 Whour= so Prirdirr - 500 principal E-3 14 hours 94 187 per hour= 338 Supplies and Misr-= $225 Senior Project Manager E-2 0 hours 911 $155 per hour= $0 Computer= 50 Proled Man E-1 62 hours a $142 hour= $8,804 Transportation- $o Senior Prolect EnglnesdPlanner/Survevor II P-8 0 hours a $130 W hour- $0 Sub-Consudtent(IMS)- $76543 Senior Protect EnolneedPlannedSurveyor I P-5 84 hours a 5 21 perhour= $10,164 m P lnear/Planne P-4 0 hours Q 111 per four= 50 Senior EngineadPlannedSurveyor P-3 0 hours a $102 Per hour= $0 E ner a P-2 0 hours $93 hour= 0 Associate P-1 0 hours hour= Senior Technician 11 T•6 0 hours $121 hour= $0 Senior Technician I T-5 1e hours $111 hour= $1776 DIRECT EXPENSES 79 288 dTeohrimari T-4 0 hours $102 hour= 50 SeniorTerlmlcian T-3 0 hours $93 hour= $0 TOTAL.L:ABORCOSTS' Technician T-2 0 hours 583 hour= $0 Drafting Expenses- Associate Technician T-1 0 hours 74 hour= 50 Surveying Expenses- Administrative Assistant A3 8 hours 78 four= $824 En Ineedn Expenses 1 Man Fleld Crew with orGPS• WA o hours $194 four= $0 Administrative Expenses 2 Man Field Crew with RTS or GPS' WA 0 fours hou= $0 TOTAL LABOR EXPENSES= HOURLYTOTAL-I 184 1 TOTAL ES LABOR= 70e TOTAL CONTRACT COSTS= $102,974 ENOME W4"ENnormses.Mo. srronR GROM M Exhiba 1-fee summary.xlsG:\PUUWIdVOAcvII1e12011\VC31123-P Pevemem Management System'PSA\ 52 Wheeler Road Sugar Grove, IL 60554 TEL: 630 / 466-6700 FAX: 630 / 466-6701 STANDARD SCHEDULE OF CHARGES www.eelwob.com Engfinemring January 1, 2011 Enterprises, Inc. 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 1 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) 13:IEclitbs'."�.,r+ lGenet+!eS C•c;taScnea:resiGttargas'. ::rre.:r.GR'e:5Yf�SGi'.?.o�c. Consulting Engineers Specializing in Civil Engineering and Land Surveying 'tom September 13,2011 IMS Infrastructure Management Services 1895-0 Rohlwing Road,Rolling Meadows,IL 80008 Engineering Enterprises, Inc. Phone:(847)508-1500 Fax:(847)255-2938 Jason M. Bauer, P.E. www.Ims-rstcom 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 Citys 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 incuning 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 J*404e�- , Donald L.Hardt Manager of Client Services IMSlnf=#Ucze Management Services EEI Yorkville Proposal Page 1 of 7 QUAUSCATIONS AND EXPERIENCE IMS Infrastructure Management Services is an employee owned and managed firm with offices in Illinois, Arizona and Ontario. We started our pavement management activities from Des Plaines, IL in the early 1960s as Y Novak, Dempsey & Associates. Since IMS' inception In 1985, we have developed view technologies tu ewer with reai-worid software a iications to become a progressively N y__- `_y_` pP recognized leader in the field of pavement and infrastructure management. Our software solutions provide the tools required to meet the complex challenges within the modem 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 and party programs including Cart6Graph, 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: r PavePRO Manager«Pavement management software ROWMan-*Right-of-way infrastructure management software Digital Image Viewer.Image software for PavePRO Manager SURFace Pro Manager w Parking lot management software DataVUE w Digital image and distress data viewing software IMS Infrastructure Management Services M YorkwQe 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 • Roadway cross fall,grade and radius of curvature data collection • GIS interface implementation Right-of-Way Management Services • Right-of-way asset management software and implementation R Right-of-way asset data collection and condition rating Sign retro-reflectivity surveys 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 Cart6Graph Business Partner and has a similar relationship with Lucity(GBA Master Series). We regularly collect data for a variety of 3rd 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 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. IMSlnfrastructure Managenu Services EEI YorkviUe Proposal Page 3 oj7 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 Bemahl, 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 Papiemiak, 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 mileslyear 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. IMSInfrasmiew a Management Services EEI YorWle 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 firmed on the two-lane streets. Two-direction testing is recommended for use on divided streets and arterials and collectors with four or more lanes 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, nrt depth, cracking, z and texture. The effects of environmental _ conditions will be considered in conjunction with -r 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 City4dentified 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 capabilities of the pavement, base and subgrade sections, and the interaction between these sections. Although most Chicago area agencies include structural analysis as part of their program,the PavePRO software can now be used with or without deflection data. Deflection testing provides a more accurate assessment of pavement condition, prediction of future performance and selection of optimal rehabilitation strategies. !MS Infrastructure Management Services EEI Yorkville Proposal Page 5 of 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 pavement management data. It may also be possible for their mapping program to make queries of other infrastructure plans in conjunction with its road ^ rehabilitation plans to determine if conflicts exist between , 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 link, IMS will require a copy of the City's current electronic centerline map prior to field data collection activities. ` r ' 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 used to expand the viewing area or include features of special interest to the City. IMS will provide digital images at 25' 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 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 fo€lowin staff irainin . The software will be installed on the City's computer network and/or at the EEI office. Since the software is provided with a site license, It can be used on laptops, field 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 multlyear programs. The program can be kept current by City or EEI staff through input of rehabilitation activities. A detailed description of the software is attached. IMSInfrl asbwture Management Services EEI Yorkyuk Proposal Page 6 of 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. t, Traffic signals, trees, sidewalks, ADA ramps, curbs and 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 with the surface condition survey using IMS's Laser RST or through a variety of techniques using City, EEI and/or IMS staff. This software is integrated with the pavement management software and will meet the requirements of GASB Statement 34. n�l+�`-+age FYI.+. IMSlnfrasducture Management Services EEI Yorkville Proposal P 7 of 7 YORKNILLF.,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). P`rqje Islion PfeOet WANaden 1 Le S2.aM A0 W.5m. HOLY wk Re*werwhV 125 k* *Woe IM,260. 0#0" I anMll ate, Sat up$CWWWONQA 1 La $1,60.00 $115lL#F ROT Same CWovdWWn 3urwv 122 AM 0130.60 416,256. De 6n'1 beurw 125 MI 41125.66 S15.tl116. EWOO P"WWOOOV 125 PA -e* =.We-QV POWNRO SORWW+a 1 LO **.016.60 *419".00 E3doa1 a 2W kAer%vd* 1245 PA $13.10 $1.e1 GO Unktee►men 126 RM 00-00 29.0". 0A Site Tfahvm(2 dts) 2 MW 61."o-se 0$1668. Ste+ S OW"S k4oft Owr4ey Kx#a in S09-W& Me~Ate st t.iet 12Z kM "Was $1, 1 Extro~ 135 MI S131".90 017,101. $@@+Elea WON t sOtlen US MI x.10 ". iWW"Oft 1 L! W6MI@ GG 904WOAO 1 LS S ;Aill!@.W "Aft, 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. IMSlnfrastrucWre Management Services EBl For"'-M Proposal 9113111 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 MeasuremenWerification* $10.00/test mile • PavePRO Manager Software $4,000.00 PavePRO Software Training(on site) $1,000.00/day-$600/Ys day Transfer of Historical Data to a New Program $85.00/hour o Engineering Interpretation,Analysis,Special Reports $125.00/hour • GIS Linkage $20.00/test mile • Digital Images @ 25'intervals(single view) $13.001 test mile • Digital Images @ 25'intervals(additional views) $10.00/test mile R Digital Video Storage for Future ROW Asset Extraction $10.00/test mile • Master Asset List Development $300-$1,500 • ROWMan 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 1mile • Curb and Gutter $1.751curb block • Storm sewer Inlets $1.75finiet « Manholes $1.75/manhole w Sidewalks $1.75-$2.25/sidewalk block • ADA Ramps $1.75/ramp • Driveway Aprons(point asset) $1.75/apron di Driveway Aprons(linear asset) $2.25/apron it Railroad Crossings $2.25/crossing • Hydrants $2.25/hydrant • Trees $2.501tree Pavement Markings(point assets) $1.75/marking Pavement Striping(linear assets) $1.75tblock or Guard Rails $2.50/guard rail .. Medians $2.50/median Fences $2.50/fence r Ditches $2.25/ditch « Misc.Road and ROW Hardware $2.25/asset • Retroreflectivity Survey Special Quotes *WkIths 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. IMSInfrastructure Management Services EEI Yorkville Proposal 9113111 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 altemative 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. . IMSInframucture Management Services EEI YorkvilleProposd 9113111 Reviewed By: Agenda Item Number J0 Legal ❑ CA#1 Finance ■ EST.�, ,` 1636 Engineer ❑ �— City Administrator F-1 Tracking Number Public Works El co mIN soa CC 2011-117 4.E ``,v ❑ Agenda Item Summary Memo Title: Bill Payments - $756,219.23 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: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 10/12/11 UNITED CITY OF YORKVILLE PAGE: TIME: 13:40:27 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 10/12/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT --------------------------------------------------------------------------------------------------------------------------------- 512093 YORKPOST YORKVILLE POSTMASTER 101211 10/12/11 01 WATER OP-08/31/11 PENALTY 51-510-54-00-5452 330.86 02 BILLS ** COMMENT ** INVOICE TOTAL: 330.86 CHECK TOTAL: 33D TOTAL AMOUNT PAID: 330 -1- DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512094 AA000003 DANIEL V. TRANSIER 093011 10/11/11 01 POLICE-SEPTEMBER 7 AND 21 01-210-54-00-5467 300.00 02 ADMIN HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 * CHECK TOTAL: 300.00 512095 ACCURINT LEXISNEXIS RISK DATA MGMT. 1249304-20110930 09/30/11 01 POLICE-SEPTEMBER SEARCHES 01-210-54-00-5462 142.70 INVOICE TOTAL: 142.70 * CHECK TOTAL: 142.70 512096 ALFORDR RICHARD ALFORD, PH.D. 093011 09/30/11 01 POLICE-POST-OFFER 01-210-54-00-5411 300.00 02 PSCHOLOGICAL FITNESS FOR DUTY ** COMMENT ** 03 EVALUATION ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 512097 ALLIICEF ALLIED ICE FORUM 2011HUTS 10/01/11 01 ADMIN-USE OF ICE RINK AND ICE 01-000-24-00-2427 1,998.74 02 SKATES FOR HOLIDAY UNDER THE ** COMMENT ** 03 STARS ** COMMENT ** INVOICE TOTAL: 1,998.74 CHECK TOTAL: 1,998.74 512098 ARAMARK ARAMARK UNIFORM SERVICES 610-7227535 09/27/11 01 STREETS-UNIFORMS 01-410-56-00-5600 29.85 DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 512098 ARAMARK ARAMARK UNIFORM SERVICES 610-7227535 09/27/11 02 WATER OP-UNIFORMS 51-510-56-00-5600 29.84 03 SEWER OP-UNIFORMS 52-520-56-00-5600 29.84 INVOICE TOTAL: 89.53 * 610 7237136 10/04/11 01 STREETS-UNIFORMS 01-410-56-00-5600 77.15 02 WATER OP-UNIFORMS 51-510-56-00-5600 77.15 03 SEWER OP-UNIFORMS 52-520-56-00-5600 77.16 INVOICE TOTAL: 231.46 * 610 7246676 10/11/11 01 STREETS-UNIFORMS 01-410-56-00-5600 28.77 02 WATER OP UNIFORMS 51-510-56-00-5600 28.77 03 SEWER OP UNIFORMS 52-520-56-00-5600 28.79 INVOICE TOTAL: 86.33 * CHECK TOTAL: 407.32 512099 ATT AT&T 6305533436-0911 09/25/11 01 POLICE-MONTHLY CHARGES 01-210-54-00-5440 41.64 INVOICE TOTAL: 41.64 * 6305536805-0911 09/25/11 01 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 88.13 INVOICE TOTAL: 88.13 * CHECK TOTAL: 129.77 512100 ATTLONG AT&T LONG DISTANCE 82893213-0911 10/01/11 01 ADMIN-MONTHLY LONG DISTANCE 01-110-54--00-5440 0.23 02 POLICE-MONTHLY LONG DISTANCE 01-210-54-00-5440 51.58 03 WATER OP-MONTHLY LONG DISTANCE 51-510-54-00-5440 44.81 INVOICE TOTAL: 96.62 CHECK TOTAL: 96.62 -S- DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512101 AURBLA AURORA BLACKTOP 33875 10/03/11 01 MFT PATCHING 15-155-56-00-5634 2,045.15 INVOICE TOTAL: 2,045.15 CHECK TOTAL: 2, 045.15 512102 B&FTECH B&F TECHNICAL CODE SERVICES 33815 10/05/11 01 COMM/DEV-BUILDING PLAN REVIEW, 01-220-54-00-5459 895.50 02 PLUMBING REVIEW, MECHANICAL, ** COMMENT ** 03 ELECTRICAL & ENERGY CODE PLAN ** COMMENT ** 04 REVIEW FOR KENCOM BASEMENT ** COMMENT ** 05 BUILD OUT ** COMMENT ** INVOICE TOTAL: 895.50 33826 09/30/11 01 COMM/DEV-SEPTEMBER INSPECTIONS 01-220-54-00-5459 1,160.00 INVOICE TOTAL: 1,160.00 CHECK TOTAL: 2,055.50 512103 BARKSDAK KRISTI J. BARKSDALE-NOBLE 101011 10/10/11 01 COMM/DEV-MEAL REIMBURSEMENT 01-220-54-00-5415 21.19 02 WHILE ATTENDING ILAPA ** COMMENT ** 03 CONFERENCE ** COMMENT ** INVOICE TOTAL: 21.19 * CHECK TOTAL: 21.19 512104 BATTERYS BATTERY SERVICE CORPORATION 215148 10/03/11 01 STREETS-2 BATTERIES 01-410-54-00-5495 70.58 INVOICE TOTAL: 70.58 * 215304 10/07/11 01 STREETS 3 BATTERIES 01-410-54-00-5495 278.85 INVOICE TOTAL: 278.85 * CHECK TOTAL: 349.43 DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512105 BCBS BLUE CROSS BLUE SHIELD 100711 10/07/11 01 ADMIN SERVICES-NOVEMBER 01-640-52-00-5216 77, 704.75 02 MEDICAL INSURANCE ** COMMENT ** 03 ADMIN SERVICES-NOVEMBER DENTAL 01-640-52-00-5223 6,953.28 04 INSURANCE ** COMMENT ** INVOICE TOTAL: 84,658.03 CHECK TOTAL: 84,658.03 512106 BRENART BRENART EYE CLINIC, LLC 713256 10/04/11 01 POLICE-EYE EXAM FOR TWO PEOPLE 01-210-54-00-5411 80.00 INVOICE TOTAL: 80.00 CHECK TOTAL: 80.00 512107 BRENNTAG BRENNTAG MID-SOUTH, INC. BMS088471 09/21/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 983.50 INVOICE TOTAL: 983.50 BMS088472 09/21/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 1,207.00 INVOICE TOTAL: 1,207.00 BMS887707 09/22/11 01 WATER OP-DRUM RETURN CREDIT 51-510-56-00-5638 -450.00 INVOICE TOTAL: -450.00 CHECK TOTAL: 1,740.50 512108 BROIHLAW LAW OFFICE OF J.C. BROIHIER 11102 10/01/11 01 POLICE-SEPTEMBER LEGAL MATTERS 01-210-54-00-5411 572.50 INVOICE TOTAL: 572.50 CHECK TOTAL: 572.50 _Fa DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512109 CENTRALL CENTRAL LIMESTONE COMPANY, INC 14836 09/30/11 01 LAND CASH-BASE STONE FOR TRAIL 72-720-60-00-6036 1,353.89 02 AT RAINTREE B ** COMMENT ** INVOICE TOTAL: 1,353.89 CHECK TOTAL: 1,353.89 512110 CIRUSCON CIRUS CONTROLS, LLC. 8631 09/29/11 01 STREETS-PLOW CONTROL REPAIR 01-410-54-00-5495 199.95 INVOICE TOTAL: 199.95 CHECK TOTAL: 199.95 512111 CLASLAND CLASSIC LANDSCAPE, LTD 73899 09/30/11 01 FOX HILL SSA-SEPTEMBER LAWN 11-111-54-00-5495 767.05 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 767.05 73900 09/30/11 01 SUNFLOWER SSA SEPTEMBER 12-112-54-00-5495 650.00 02 LAWN MAINTENANCE ** COMMENT ** INVOICE TOTAL: 650.00 CHECK TOTAL: 1, 417.05 512112 COMCAST COMCAST CABLE 092611 PD 09/26/11 01 POLICE-MONTHLY CHARGES 01-210-56-00-5620 4.17 INVOICE TOTAL: 4.17 * CHECK TOTAL: 4.17 512113 COMED COMMONWEALTH EDISON 0185079109-0911 09/29/11 01 WATER OP-420 FAIRHAVEN 51-510-54 00-5480 124.18 INVOICE TOTAL: 124.18 * c DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512113 COMED COMMONWEALTH EDISON 0435113116-0911 10/03/11 01 STREETS-LIGHTS 01-410-54-00-5480 103.95 INVOICE TOTAL: 103.95 * 0903040077-0911 09/28/11 01 STREETS-LIGHTS 01-410-54-00-5480 2,438.88 INVOICE TOTAL: 2,438.88 0908014004-0911 09/30/11 01 WATER OP WELLS 51-510-54-00-5480 58.68 INVOICE TOTAL: 58.68 * 0966038077-0911 09/27/11 01 STREETS LIGHTS 01-410-54-00-5480 47.10 INVOICE TOTAL: 47.10 * 1183088101 0911 09/26/11 01 SEWER OP-LIFT STATION 52-520-54-00-5480 110.44 INVOICE TOTAL: 110.44 * 1407125045 0911 10/04/11 01 SEWER OP-FOXHILL 7 LIFT 52-520-54-00-5480 94.86 INVOICE TOTAL: 94.86 * 2019099044-0911 10/05/11 01 WATER OP-WELLS 51-510-54-00-5480 45.10 INVOICE TOTAL: 45.10 * 2668047007-0911 09/26/11 01 SEWER OP-1908 RAINTREE RD 52-520-54-00-5480 158.16 INVOICE TOTAL: 158.16 * 2961017043-0911 09/28/11 01 SEWER OP-LIFT STATION 52-520-54-00-5480 107.65 INVOICE TOTAL: 107.65 * 4085080033-0911 09/29/11 01 WATER OP 1991 CANNONBALL TRAIL 51-510-54-00-5480 140.09 INVOICE TOTAL: 140.09 * 4449087016-0911 10/05/11 01 SEWER OP LIFT STATIONS 52-520-54-00-5480 674.61 INVOICE TOTAL: 674.61 * 4475093053 0911 09/30/11 01 WATER OP-610 TOWER LANE 51-510-54-00-5480 155.32 INVOICE TOTAL: 155.32 * DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512113 COMED COMMONWEALTH EDISON 7090039005-0911 10/07/11 01 STREETS-LIGHTS 01-410-54-00-5480 21.44 INVOICE TOTAL: 21.44 CHECK TOTAL: 4,280.46 512114 DAVEAUTO DAVID L CHELSEN 18483 09/27/11 01 POLICE-TIRE WORK 01-210-54-00-5495 179.00 INVOICE TOTAL: 179.00 18516 10/04/11 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 288.00 INVOICE TOTAL: 288.00 18517 10/04/11 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 879.00 INVOICE TOTAL: 879.00 CHECK TOTAL: 1,346.00 512115 DEKANE DEKANE EQUIPMENT CORP. IA05048 10/03/11 01 SEWER OP-PTO SWITCH 52-520-56-00-5640 13.53 INVOICE TOTAL: 13.53 CHECK TOTAL: 13.53 512116 DEPO DEPO COURT REPORTING SVC, INC 15142 10/06/11 01 POLICE-SEPTEMBER 21 ADMIN 01-210-54-00-5467 175.00 02 HEARING ** COMMENT ** INVOICE TOTAL: 175.00 15143 10/06/11 01 ADMIN-SEPTEMBER 28 ADMIN 01-210-54-00-5467 175.00 02 HEARING ** COMMENT ** INVOICE TOTAL: 175.00 _R- DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512116 DEPO DEPO COURT REPORTING SVC, INC 15144 10/06/11 01 POLICE-OCTOBER 5 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 CHECK TOTAL: 525.00 512117 EEI ENGINEERING ENTERPRISES, INC. 49800 09/22/11 01 ENG-X-PAC SUBDIVISION 01-150-54-00-5462 102.00 INVOICE TOTAL: 102.00 49802 09/22/11 01 ENG-PROFESSIONAL SERVICES FOR 01-150-54-00-5462 3,010.50 02 CITY OF YORKVILLE THROUGH ** COMMENT ** 03 AUGUST 20, 2011 ** COMMENT ** INVOICE TOTAL: 3,010.50 49803 09/22/11 01 ENG-MUNICIPAL ENGINEERING 01-150-54-00-5462 1,900.00 02 SERVICES THROUGH AUGUST ** COMMENT ** 03 20, 2011 ** COMMENT ** INVOICE TOTAL: 1,900.00 49804 09/22/11 01 ENG-WALSH DRIVE FLOODING 01-150-54-00-5462 3,591.00 INVOICE TOTAL: 3,591.00 49805 09/22/11 01 ENG-TRAFFIC CONTROL SIGNAGE 01-150-54-00-5462 845.25 02 AND MARKINGS ** COMMENT ** INVOICE TOTAL: 845.25 49806 09/22/11 01 MFT-CENTRAL RT. 47 15-155-60-00-6079 2,379.23 02 IMPROVEMENTS - FOUNTAINVIEW TO ** COMMENT ** 03 KENNEDY DR. ** COMMENT ** INVOICE TOTAL: 2,379.23 * 49807 09/22/11 01 MFT-RIVER ROAD BRIDGE 15-155-60-00-6075 102.05 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 102.05 * _o_ DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512117 EEI ENGINEERING ENTERPRISES, INC. 49808 09/22/11 01 MFT-2011 MFT WORK FOR GAME 15-155-60-00-6073 1,239.50 02 FARM ROAD PROJECT ** COMMENT ** INVOICE TOTAL: 1, 239.50 * 49809 09/22/11 01 MFT-GAME FARM RD/SOMONAUK 15-155-60-00-6073 751.50 02 STREET IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 751.50 * 49810 09/22/11 01 CW CAPITAL-SAFE ROUTES TO 23-230-60-00-6092 901.50 02 SCHOOL ** COMMENT ** INVOICE TOTAL: 901.50 * 49811 09/22/11 01 ENG FY 10/11 ACCEPTED 01-150-54-00-5462 167.00 02 INFRASTRUCTURE INVENTORY ** COMMENT ** INVOICE TOTAL: 167.00 * 49812 09/22/11 01 DEVELOPER ESCROW FOUNTAINVIEW 90-007-07-00-0111 806.00 INVOICE TOTAL: 806.00 * 49813 09/22/11 01 ENG CANNONBALL AND RT 47 01-150-54-00-5462 1,985.25 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1, 985.25 * 49815 09/22/11 01 ENG KENDALL MARKETPLACE 01-150-54-00-5462 3,502.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 3,502.50 * 49816 09/22/11 01 ENG-WHISPERING MEADOWS 01-150-54-00-5462 167.00 INVOICE TOTAL: 167.00 * 49818 09/22/11 01 ENG-WINDETTE RIDGE 01-150-54-00-5462 461.00 INVOICE TOTAL: 461.00 * CHECK TOTAL: 21, 911.28 _in- DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512118 EROTEX ERO-TEX INV68622 09/28/11 01 LAND CASH-STRAW BLANKET & PINS 72-720-60-00-6036 2, 703.36 02 FOR RAINTREE B LANDSCAPING ** COMMENT ** INVOICE TOTAL: 2,703.36 CHECK TOTAL: 2, 703.36 512119 EYEMED FIDELITY SECURITY LIFE INS. 4359707 10/03/11 01 ADMIN SERVICES-OCTOBER VISION 01-640-52-00-5223 831.05 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 831.05 CHECK TOTAL: 831.05 512120 FIRSTNON FIRST NONPROFIT UNEMPLOYEMENT 100111 10/01/11 01 ADMIN SERVICES-4TH QUARTER 01-640-52-00-5230 18, 761.50 02 FEES AND DEPOSIT ** COMMENT ** INVOICE TOTAL: 18,761.50 CHECK TOTAL: 18, 761.50 512121 HACH HACH COMPANY 7428848 09/21/11 01 WATER OP CHEMICALS 51-510-56-00-5638 48.44 INVOICE TOTAL: 48.44 * 7432824 09/23/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 268.49 INVOICE TOTAL: 268.49 * CHECK TOTAL: 316.93 512122 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 3753755 09/28/11 01 WATER OP 2 100CF METERS 51-510-56-00-5664 356.00 INVOICE TOTAL: 356.00 * DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512122 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 3768925 10/03/11 01 WATER OP-6 100CF METERS 51-510-56-00-5664 1,068.00 INVOICE TOTAL: 1,068.00 CHECK TOTAL: 1, 424.00 512123 ILLCO ILLCO, INC. 1215813 10/04/11 01 WATER OP-PVC PIPES, BALL 51-510-56-00-5638 110.26 02 VALVES, PVC UNIONS, PVC ** COMMENT ** 03 COUPLING ** COMMENT ** INVOICE TOTAL: 110.26 CHECK TOTAL: 110.26 512124 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025658 10/06/11 01 STREETS-2 BRAKE CHAMBERS, 01-410-54-00-5495 628.57 02 SWITCH, CHASSIS LUBE ** COMMENT ** INVOICE TOTAL: 628.57 CHECK TOTAL: 628.57 512125 INTEGRYS INTEGRYS ENERGY SERVICES, INC 18015780-1 09/29/11 01 WATER OP-2921 BRISTOL RIDGE 51-510-54-00-5480 6,287.84 INVOICE TOTAL: 6,287.84 18015785-1 09/29/11 01 WATER OP-2224 TREMONT STREET 51-510-54-00-5480 2, 734.37 INVOICE TOTAL: 2,734.37 18038260-1 10/03/11 01 WATER OP-WELLS 3 & 4 51-510-54-00-5480 4,816.56 INVOICE TOTAL: 4,816.56 CHECK TOTAL: 13, 838.77 _19_ DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512126 JCM JCM UNIFORMS, INC. 657557 09/27/11 01 POLICE 3 PAIRS OF PANTS 01-210-56-00-5600 245.85 INVOICE TOTAL: 245.85 CHECK TOTAL: 245.85 512127 JULIE JULIE, INC. 2011-1807-2 09/30/11 01 WATER OP-SECOND HALF OF 2011 51-510-54-00-5483 1,645.43 02 ASSESSMENT COMMITMENT ** COMMENT ** INVOICE TOTAL: 1,645.43 CHECK TOTAL: 1,645.43 512128 JUSTSAFE JUST SAFETY, LTD 15031 08/23/11 01 SEWER OP-FIRST AID SUPPLIES 52-520-56-00-5620 54.20 INVOICE TOTAL: 54.20 CHECK TOTAL: 54.20 512129 KCRECORD KENDALL COUNTY RECORD 093011-64 09/30/11 01 DEVELOPER ESCROW-LEGAL NOTICE 90-032-32-00-0011 26.00 02 DEVELOPER ESCROW-LEGAL NOTICE 90-033-33-00-0011 24.00 03 ADMIN-BOND REFINANCING LEGAL 01-110-54-00-5426 12.80 04 NOTICE ** COMMENT ** INVOICE TOTAL: 62.80 CHECK TOTAL: 62.80 512130 KENDHILL KENDALL HILL NURSERY, INC. 11475 10/07/11 01 ADMIN-2 TREES 01-000-24-00-2426 400.00 INVOICE TOTAL: 400.00 CHECK TOTAL: 400.00 _1R_ DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512131 KONICAMI KONICA MINOLTA BUSINESS 219016309 09/29/11 01 POLICE-COPIER CHARGES 01-210-54-00-5430 17.20 INVOICE TOTAL: 17.20 * 219016310 09/29/11 01 ADMIN-COLOR COPIER CHARGES 01-110-54-00-5430 175.14 02 ADMIN-B/W COPIER CHARGES 01-110-54-00-5430 150.42 INVOICE TOTAL: 325.56 * 219016359 09/29/11 01 WATER OP-COPIER CHARGES 51-510-54-00-5430 2.93 INVOICE TOTAL: 2.93 * 219016360 09/29/11 01 POLICE-COPIER CHARGES 01-210-54-00-5430 49.85 INVOICE TOTAL: 49.85 * 219016361 09/29/11 01 COMM/DEV-COLOR COPIER CHARGES 01-220-54-00-5430 49.44 02 COMM/DEV-B/W COPIER CHARGES 01-220-54-00-5430 24.08 INVOICE TOTAL: 73.52 * CHECK TOTAL: 469.06 512132 KRUEGAPP KRUEGER APPRAISAL SERVICES,INC 8518 08/04/11 01 ADMIN-COMMERCIAL APPRAISAL FOR 01-110-54-00-5462 2,250.00 02 202 E. COUNTRYSIDE PARKWAY ** COMMENT ** INVOICE TOTAL: 2,250.00 CHECK TOTAL: 2,250.00 512133 LAWSON LAWSON PRODUCTS 9300172007 10/03/11 01 STREETS-HEX NUTS, HEX CAPS, 01-410-56-00-5620 391.14 02 LOCK WASHERS, CAP SCREWS, ** COMMENT ** 03 DISC TIPS, DISC COUPLERS ** COMMENT ** INVOICE TOTAL: 391.14 CHECK TOTAL: 391.14 DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512134 LAYNE LAYNE CHRISTENSEN COMPANY 89023048 09/29/11 01 WATER OP-PIPING MODIFICATIONS 51-510-56-00-5640 1,163.60 02 AND INSTALLATION OF NEW CHECK ** COMMENT ** 03 VALVE ** COMMENT ** INVOICE TOTAL: 1,163.60 * CHECK TOTAL: 1,163.60 512135 MARTENSO MARTENSON TURF PRODUCTS 39999 09/22/11 01 LAND CASH-SOD 72-720-60-00-6036 3,521.50 INVOICE TOTAL: 3,521.50 * CHECK TOTAL: 3,521.50 512136 MCKIRGN RANDY MCKIRGAN 71087 09/28/11 01 STREETS-FUEL 01-410-54-00-5495 995.00 INVOICE TOTAL: 995.00 * 71097 09/29/11 01 STREETS-FUEL 01-410-56-00-5695 752.08 02 WATER OP-FUEL 51-510-56-00-5695 752.08 03 SEWER OP-FUEL 52-520-56-00-5695 752.08 INVOICE TOTAL: 2,256.24 * 71479 09/12/11 01 STREETS-FUEL 01-410-56 00-5695 962.26 02 WATER OP-FUEL 51-510-56-00-5695 962.24 03 SEWER OP-FUEL 52-520-56-00-5695 962.24 INVOICE TOTAL: 2,886.74 CHECK TOTAL: 6, 137.98 512137 MENLAND MENARDS - YORKVILLE 19620 09/22/11 01 WATER OP-COUPLING, HOSE CLAMPS 51-510-56-00 5620 4.32 INVOICE TOTAL: 4.32 * _9S_ DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512137 MENLAND MENARDS YORKVILLE 22556 10/03/11 01 WATER OP-SHELF BRACKETS, 51-510-56-00-5638 11.40 02 PRIMER, PVC CEMENT, SHELF ** COMMENT ** INVOICE TOTAL: 11.40 * 23209 10/06/11 01 WATER OP-CHARGING CLIP 51-510-56-00-5620 1.69 INVOICE TOTAL: 1.69 * 23258 10/06/11 01 WATER OP SOCKET & BIT SET 51-510-56-00-5630 9.97 INVOICE TOTAL: 9.97 * CHECK TOTAL: 27.38 512138 MJELECT MJ ELECTRICAL SUPPLY, INC. 105079-00 10/03/11 01 STREETS-RETURNED MERCHANDISE 01-410-56-00-5640 -375.00 02 CREDIT ** COMMENT ** INVOICE TOTAL: -375.00 * 1124307-01 09/23/11 01 STREETS-BULB 01-410-56-00-5640 199.00 INVOICE TOTAL: 199.00 * 1124627-00 10/04/11 01 STREETS-BULBS, PHOTO CONTROL 01-410-56-00-5640 349.00 INVOICE TOTAL: 349.00 * CHECK TOTAL: 173.00 512139 NCI NORTHWEST COLLECTORS INC 050211 05/02/11 01 WATER OP UB NCI COLLECTIONS 51-510-54-00-5462 63.40 INVOICE TOTAL: 63.40 * CHECK TOTAL: 63.40 512140 NICOR NICOR GAS DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512140 NICOR NICOR GAS 00-41-22-8748 4-0911 10/06/11 01 ADMIN-1107 PRAIRIE LANE 01-110-54-00-5480 31.29 INVOICE TOTAL: 31.29 * 15-41-50-1000 6-0911 10/07/11 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 119.91 INVOICE TOTAL: 119.91 * 15-64-61-3532 5-0911 10/06/11 01 ADMIN 1991 CANNONBALL TRAIL 01-110-54-00-5480 31.55 INVOICE TOTAL: 31.55 * 20-52-56-2042 1-0911 10/07/11 01 ADMIN-420 FAIRHAVEN 01-110-54-00-5480 77.30 INVOICE TOTAL: 77.30 * 23-45-91-4862 5-0911 10/03/11 01 ADMIN-101 BRUELL STREET 01-110-54-00-5480 86.29 INVOICE TOTAL: 86.29 * 31-61-67-2493 1-0911 10/06/11 01 ADMIN-276 WINDHAM CIRCLE 01-110-54-00-5480 17.27 INVOICE TOTAL: 17.27 * 45-12 25-4081 3-0911 10/03/11 01 ADMIN-201 W. HYDRAULIC 01-110-54-00-5480 37.38 INVOICE TOTAL: 37.38 * 46-69-47-6727 1-0911 10/06/11 01 ADMIN-1975 BRIDGE STREET 01-110-54-00-5480 68.83 INVOICE TOTAL: 68.83 * 49-25-61-1000 5-0911 10/03/11 01 ADMIN-1 VAN EMMON RD 01-110-54-00-5480 40.61 INVOICE TOTAL: 40.61 * 66-70-44-6942 9-0911 10/07/11 01 ADMIN-100 RAINTREE RD 01-110-54-00-5480 94.15 INVOICE TOTAL: 94.15 * 77-35-71-1000 4-0911 10/06/11 01 ADMIN-131 E. HYDRAULIC 01-110-54-00-5480 43.99 INVOICE TOTAL: 43.99 * CHECK TOTAL: 648.57 17 DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------------------------- 512141 OHERROND RAY O'HERRON COMPANY, INC. 0042999 IN 09/29/11 01 POLICE PANTS, TIE CLIP, STARS 01-210-56-00-5600 97.85 INVOICE TOTAL: 97.85 * 0043044 IN 09/30/11 01 POLICE RAIN JACKET 01-210-56-00-5600 97.06 INVOICE TOTAL: 97.06 * 1124025-IN 10/05/11 01 POLICE-3 BADGES 01-210-56-00-5600 53.35 INVOICE TOTAL: 53.35 * CHECK TOTAL: 248.26 512142 ORRK KATHLEEN FIELD ORR & ASSOC. 13562 10/02/11 01 ADMIN SERVICES-MISCELLANEOUS 01-640-54-00-5456 4,292.00 02 CITY LEGAL MATTERS ** COMMENT ** 03 DEVELOPER ESCROW-AUTUMN CREEK 90-019-19-00-0011 740.00 04 LEGAL MATTERS ** COMMENT ** 05 ADMIN SERVICES-KENDALL 01-640-54-00-5456 416.25 06 MARKETPLACE LEGAL MATTERS ** COMMENT ** 07 DEVELOPER ESCROW-KENDALLWOOD 90-010-10-00-0011 231.25 08 ESTATES LEGAL MATTERS ** COMMENT ** 09 ADMIN SERVICES-MEETINGS 01-640-54-00-5456 1,000.00 10 FOX INDUSTRIAL-TIF MATTERS 85-850-54-00-5420 1, 137.75 11 COUNTRYSIDE TIF-TIF MATTERS 87--870-54-00-5420 185.00 12 DOWNTOWN TIF-TIF MATTERS 88-880-54-00-5420 1,202.50 INVOICE TOTAL: 9,204.75 * 13563 10/02/11 01 ADMIN SERVICES KENCOM MATTERS 01-640-54-00-5461 370.00 INVOICE TOTAL: 370.00 * CHECK TOTAL: 9,574.75 512143 PATTEN PATTEN INDUSTRIES, INC. P53C0121440 09/29/11 01 SEWER OP COOLANT 52-520-56-00-5640 89.04 INVOICE TOTAL: 89.04 * CHECK TOTAL: 89.04 _1R_ DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512144 PHILSTOP PHIL'S TOP SOIL, INC. 26508 09/24/11 01 WATER OP-DIRT 51-510-56-00-5620 75.00 INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 512145 PLANCOMM CHAMPLAIN PLANNING PRESS, INC. 100711 10/07/11 01 COMM/DEV-SUBSCRIPTION RENEWAL 01-220-56-00-5645 165.00 02 FOR THE PLANNING COMMISSIONERS ** COMMENT ** 03 JOURNAL ** COMMENT ** INVOICE TOTAL: 165.00 CHECK TOTAL: 165.00 512146 PUBSAFDI PUBLIC SAFETY DIRECT, INC 22360 09/27/11 01 POLICE-PULLED RADAR FOR REPAIR 01-210-54-00-5495 95.00 02 AND REPAIRED PROBLEM FOR ** COMMENT ** 03 INOP SIREN ** COMMENT ** INVOICE TOTAL: 95.00 CHECK TOTAL: 95.00 512147 PULTE PULTE HOMES 093011 09/30/11 01 ADMIN-SURETY DEPOSIT REFUND 01-000-24-00-2415 3,525.00 02 FOR 2325 EMERALD LANE ** COMMENT ** INVOICE TOTAL: 3,525.00 CHECK TOTAL: 3,525.00 512148 PULTE PULTE HOMES 101111 10/11/11 01 ADMIN-SURETY DEPOSIT REFUND 01-000 24-00-2415 7,980.00 -10- DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------ 512148 PULTE PULTE HOMES 101111 10/11/11 02 FOR 2262 EMERALD LANE ** COMMENT ** INVOICE TOTAL: 7,980.00 * CHECK TOTAL: 7,980.00 512149 R0000972 KRISTEN POCIUS 092511 09/25/11 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 400.00 INVOICE TOTAL: 400.00 * CHECK TOTAL: 400.00 512150 R0000973 LEONEL & MARIA AYALA 100411 10/04/11 01 ADMIN-REFUND OVERPAYMENT FOR 01-000-13-00-1371 191.62 02 FINAL WATER BILL ON ** COMMENT ** 03 ACCOUNT #0107504810-00 ** COMMENT ** INVOICE TOTAL: 191.62 CHECK TOTAL: 191.62 512151 R0000974 BRUCE KILLIAN 100711 10/07/11 01 ADMIN-REFUND OF LANDLORD 01-000-13-00-1371 117.74 02 PAYMENT FOR TENANT ON ACCOUNT ** COMMENT ** 03 #0101021420-08 ** COMMENT ** INVOICE TOTAL: 117.74 CHECK TOTAL: 117.74 512152 R0000975 JOHN COZZI 101111 10/11/11 01 ADMIN-REFUND OVERPAYMENT OF 01 000 -13-00-1371 26.91 02 FINAL BILL FOR WATER ** COMMENT ** DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512152 R0000975 JOHN COZZI 101111 10/11/11 03 ACCOUNT #0102713700-00 ** COMMENT ** INVOICE TOTAL: 26.91 CHECK TOTAL: 26.91 512153 SOFTWARE SOFTWARE PERFORMANCE 410674 09/28/11 01 POLICE-09/26/11 TRAVEL CHARGE 01-210-54-00-5415 25.00 INVOICE TOTAL: 25.00 410680 10/04/11 01 POLICE 09/21/11 TRAVEL CHARGE 01-210-54-00-5415 25.00 INVOICE TOTAL: 25.00 CHECK TOTAL: 50.00 512154 SPRNGGRV SPRING GROVE NURSERY, INC 1432 10/04/11 01 ADMIN-16 TREES 01-000-24-00-2426 1,265.00 INVOICE TOTAL: 1,265.00 CHECK TOTAL: 1,265.00 512155 STREICH STREICHERS I869780 09/27/11 01 POLICE-6 SHIRTS, 2 PAIRS OF 01-210-56-00-5600 294.94 02 PANTS ** COMMENT ** INVOICE TOTAL: 294.94 CHECK TOTAL: 294.94 512156 TAPCO TAPCO I378205 09/29/11 01 MFT SIGNS 15-155-56-00-5619 347.60 INVOICE TOTAL: 347.60 CHECK TOTAL: 347.60 _71_ DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512157 TUFFY KRIBBS AUTOMOTIVE, INC 25304 09/28/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 23.96 INVOICE TOTAL: 23.96 * 25323 09/29/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 20.76 INVOICE TOTAL: 20.76 * CHECK TOTAL: 44.72 512158 UPS UNITED PARCEL SERVICE 00004296X2401 10/01/11 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 63.47 INVOICE TOTAL: 63.47 * CHECK TOTAL: 63.47 512159 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T00000696663 09/25/11 01 HEALTH & SANITATION-SEPTEMBER 01-540-54-00-5442 100,018.00 02 SERVICE ** COMMENT ** INVOICE TOTAL: 100,018.00 * CHECK TOTAL: 100,018.00 512160 WALMART WALMART COMMUNITY 092211-CITY 09/22/11 01 ADMIN-PLASTIC KNIVES, KLEENEX 01-110-56-00-5610 21.96 INVOICE TOTAL: 21.96 * CHECK TOTAL: 21.96 512161 WAREHOUS WAREHOUSE DIRECT 1279556 0 09/22/11 01 COMM/DEV-FOLDERS 01 220-56 00-5620 71.80 INVOICE TOTAL: 71.80 * oo.. DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512161 WAREHOUS WAREHOUSE DIRECT 1282087 0 09/23/11 01 COMM/DEV-FOLDERS 01-220-56-00-5620 114.76 INVOICE TOTAL: 114.76 * C1279556-0 09/26/11 01 COMM/DEV-RETURNED MERCHANDISE 01-220-56-00-5620 -71.80 INVOICE TOTAL: -71.80 * CHECK TOTAL: 114.76 512162 WATERSYS WATER SOLUTIONS UNLIMITED, INC 30600 09/21/11 01 WATER OP PHOSPHATE 51-510-56-00-5638 2,034.00 INVOICE TOTAL: 2,034.00 CHECK TOTAL: 2,034.00 512163 WTRPRD WATER PRODUCTS, INC. 0228717 10/04/11 01 WATER OP-TRENCH ADAPTER, 51-510-56-00-5640 529.96 02 TRENCH ADAPTER EXTENSION, ** COMMENT ** 03 LUGS, GASKET ** COMMENT ** INVOICE TOTAL: 529.96 CHECK TOTAL: 529.96 512164 YBSD YORKVILLE BRISTOL 100411 10/04/11 01 TRUST & AGENCY-SEPTEMBER 2011 95-000-78-00-9008 242,897.12 02 SANITARY FEES ** COMMENT ** INVOICE TOTAL: 242,897.12 CHECK TOTAL: 242,897.12 512165 YORKCLER YORKVILLE CLERK'S ACCOUNT 148727 10/03/11 01 WATER OP-FILING WATER LIENS 51-510-54-00-5462 196.00 -91- DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 10:30:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512165 YORKCLER YORKVILLE CLERK'S ACCOUNT 148727 10/03/11 02 WATER OP-RELEASE WATER LIENS 51-510-54-00-5462 176.00 03 PW CAPITAL-FILING MOWING LIENS 21-211-54-00-5462 274.00 04 PW CAPITAL-RELEASE MOWING LIEN 21-211-54-00-5462 49.00 INVOICE TOTAL: 695.00 CHECK TOTAL: 695.00 512166 YORKGFPC PETTY CASH 100711 10/07/11 01 COMM/DEV-DOUGHNUTS AND COFFEE 01-220-56-00-5620 68.58 02 FOR WELCOME RECEPTION ** COMMENT ** 03 FINANCE-PAPER FOR AUDIT LETTER 01-120-56 00-5610 8.99 04 FINANCE-PRIORITY MAIL POSTAGE 01-120-54 00-5452 4.95 INVOICE TOTAL: 82.52 CHECK TOTAL: 82.52 512167 YORKNAPA YORKVILLE NAPA AUTO PARTS 975528 09/07/11 01 WATER OP PRY BAR 51-510-56-00-5630 18.69 INVOICE TOTAL: 18.69 975532 09/07/11 01 WATER OP-OIL FILTER 51-510-54-00-5495 5.11 INVOICE TOTAL: 5.11 976926 09/20/11 01 STREETS BEECHER AC V-BELT 01-410-56-00-5656 18.34 INVOICE TOTAL: 18.34 976931 09/20/11 01 STREETS WIPER BLADES 01-410-54-00-5495 17.86 INVOICE TOTAL: 17.86 976984 09/20/11 01 WATER OP-LAMP 51-510-54-00-5495 11.19 INVOICE TOTAL: 11.19 977553 09/26/11 01 STREETS-OIL FILTERS, FUEL 01-410-54-00-5495 317.35 1A DATE: 10/18/11 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 10:30:35 CHECK REGISTER PRG ID: A2215000.WOW CHECK DATE: 10/25/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512167 YORKNAPA YORKVILLE NAPA AUTO PARTS 977553 09/26/11 02 FILIERS ** COMMENT ** INVOICE TOTAL: 317.35 * 977554 09/26/11 01 STREETS-OIL FILTER 01-410-54-00-5495 52.46 INVOICE TOTAL: 52.46 * 977747 09/27/11 01 STREETS-BRAKE FLUID 01-410-54-00-5495 35.85 INVOICE TOTAL: 35.85 * 977810 09/28/11 01 STREETS-FUEL FILTER 01-410-54-00-5495 103.82 INVOICE TOTAL: 103.82 * 977822 09/28/11 01 STREETS FUEL FILTER, 01-410-54-00-5495 114.61 02 ANTIFREEZE ** COMMENT ** INVOICE TOTAL: 114.61 * 977833 09/28/11 01 STREETS-RETURNED MERCHANDISE 01-410-54-00-5495 -62.70 02 CREDIT ** COMMENT ** INVOICE TOTAL: -62.70 * 977834 09/28/11 01 STREETS-ANTIFREEZE 01-410-54-00-5495 93.78 INVOICE TOTAL: 93.78 * CHECK TOTAL: 726.36 512168 YOUNGM MARLYS J. YOUNG 091511 10/11/11 01 ADMIN SEPTEMBER 15 ADMIN 01-110-54-00-5462 80.00 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 80.00 CHECK TOTAL: 80.00 TOTAL AMOUNT PAID: 553,570.86 _9r_ UNITED CITY OF YORKVILLE PAYROLL SUMMARY 10/8/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 9,049.75 $ 137.59 $ 9,187.34 $ 873.72 $ 649.03 $ 10,710.09 FINANCE 6,406.14 - 6,406.14 637.75 504.19 7,548.08 POLICE 69,962.85 5,310.78 75,273.63 429.84 5,538.16 81,241.63 COMMUNITY DEV. 7,594.80 - 7,594.80 634.77 567.56 8,797.13 STREETS 9,688.26 - 9,688.26 921.35 718.88 11,328.49 WATER 11,158.47 343.14 11,501.61 1,093.81 845.30 13,440.72 SEWER 12,189.07 - 12,189.07 1,159.17 790.76 14,139.00 PARKS 14,447.25 - 14,447.25 1,388.18 1,084.19 16,919.62 RECREATION 9,476.95 - 9,476.95 839.75 693.32 11,010.02 REC. CENTER 7,264.14 - 7,264.14 393.52 563.47 8,221.13 LIBRARY 16,813.63 - 16,813.63 889.50 1,258.47 18,961.60 TOTALS $ 174,051.31 $ 5,791.51 $ 179,842.82 $ 9,261.36 $ 13,213.33 $ 202,317.51 TOTAL PAYROLL $ 202,317.51 UNITED CITY OF YORKVILLE CITY COUNCIL Tuesday, October 25, 2011 PAYROLL DATE BI-WEEKLY 10/8/2011 $202,317.51 ACCOUNTS PAYABLE MANUAL BILL LIST - YORKVILE POST OFFICE 10/12/2011 $330.86 BILLS LIST 10/25/2011 $553,570.86 TOTAL DISBURSEMENTS $756,219.23 1), `,�'D C/p� Reviewed By: Agenda Item Number Legal ❑ CA#2 EST., 1 ` ' ' 1836 Engineer Finance El� '— `��-- Tracking Number 0� 1 , A l �- � City Administrator ❑ Consultant ❑ PW 2011-60 e LE ❑ Agenda Item Summary Memo Title: Rush-Copley Phase I-Final Acceptance and Letter of Credit Reduction Meeting and Date: City Council 10/25/11 Synopsis: Recommend acceptance of public improvements and LOC reduction in the amount of$110,609.69. Council Action Previously Taken: Date of Action: PW 10/18/11 Action Taken: Move forward to City Council for approval. Item Number: PW 2011-60 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: .16 Memorandum L 4 M., 1 To: Bart Olson, City Administrator EST. I .1. 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works 0 1� 0. Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: October 12, 2011 Subject: Rush-Copley—Phase I Attached please find a request from Cemcon, Ltd. to reduce the letters of credit (LOC) and accept the Phase 1 Sitework and Phase I Healthcare Center improvements for the Rush-Copley development. All outstanding punchlist items for above referenced projects are complete. Attached, please find the proposed Bill of Sale, which we have forwarded to the developer to execute. We recommend that the public improvements for watermain, sanitary sewer, storm sewer, paving, streetlighting, and parkway landscaping as described in the Bill of Sale be accepted for ownership and maintenance by the City. Corresponding to final acceptance is a LOC reduction to 10% of the value of the public improvements. We recommend that Old Second Bank LOC #60101002503 for Phase I Sitework be reduced by the amount of $110,609.69. The remaining amount of the LOC would be $104,613.80. We also recommend that Old Second Bank LOC #301000548 for Phase 1 Healthcare Center be reduced by the amount of$149,804.42. The remaining amount of the LOC would be $102,607.51. Both LOC's would remain in place during the one-year warranty period. Please refer to the attachments for details. Please note that the correct amounts appear on our spreadsheets. Per Resolution 2004-52, the City Council is to accept the improvements by resolution after the City Engineer and Director of Public Works has made recommendations on the development. The above letter of credits will be used as the ten percent(10%) maintenance bond required to be in place for one year after acceptance. Please incorporate this into the next public works meeting for discussion and the next available City Council meeting for approval. - CEMCON, LTD. CONSULTING ENGMERSi LAND SURVEYORS•&PLANNERS e July25, 2011 Via•Email knobleAvorkville;lLus and U.S..Mail Ms. Krysti Barksdale-Noble Community Development'Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Letter of-Credit Reduction Request-No.;2 and Final Acceptance Rush-Copley Healthcare Center Phase 1 903.667 (Task Dear Krysti: Letter of Credit (LOC) No. 30100548 established;as residual surety during the initial acceptance period for the earthwork, erosion control and storm sewers for the Rush-Copley Healthcare Center Phase I project in the amount of $252;411:63 is set to mature. in December of 2011. Letter of Credit No. 60101002503 established as residual surety during the initial acceptance: period for the public sanitary sewer, public water main, Beecher Road pavements; -and,private. landscaping for Phase I is set to mature in May of 2012. These public and private improvements have been completed and in service for four •(4) or more years and- the one (1) year, initial acceptance period ended in February of 2011. On.behalf of Rush-Copley; we are therefore requesting final acceptance-of these improvements and release of all but 10% of the Original improvement Cost_Estimate under both letters of credit as set forth on the attached Letter of Credit Reduction forms. The renewed letters'of credit will terminate at the end of the one (1) year warranty period against defects in material and workmanship unless the City files a warranty claim. Sinc ly, N, Ltd. dal W. i3u E. CEO RWB,pb Ent. cc: Frank Ferguson—Rush-Copley Kirk Kruse—Rush-Copley HA90366ME I R S107-2511 Barksdal"oble @ Yorkville-I.etler.oi Credit Reduction-Request No.2.doc 2280 White Oak Circle,Suite 100 Aurora,Illinois 60502-9675 Phone:630.862.2100 Fax:630.862.2199 Website.,www.cemeoii.com CITY OF YORKVILLE July 25,:,2011 LETTER OF CREDIT REDUCTION REQUEST NO..2 RUSH.COPLEY HEALTHCARE CENTER—PHASE 'Subdivision 1. Project: Rush.copley Healitcare.Centet Phase I Date of Original Bond 1,QC: Jan,-07 Reduction: No.2 EN :R CC1ndej06r.dat6-,df origina[bond/1-0C 781310 L.O.C. No. Bank No.101000548 Currer.ifENR.-CC Index: 900 LOC/Bond: Amo.unt Amount of Amount of to Re"mah.i0e't r- Approved Original Amount for Reduction Reduction No. :Reduction Item Engineer's Estimate LOC/Bond No.'1(a) 2(a) No:2(b) I Earthwork $ 699,524.00 $ 689,922'.20 557,981.27 $ 71,988.53 59i952,40: 2 Erosion,Contrbl 113,982.-00 154,010.02 72i485.48 $ 10,127.14 11,8.0820 3 Storm Sewer 176,964.50 328,835.10 289,8.89.44 $ 21,249.21.1 $ 17,696:45 Total $ 990,470.50 $ 1,172,769.12 $ 920,366.19 $ 163,364:88- 00Y047X6 Notes: a.) LOC/Bond amount to be 20%of substantially completed items plus 110%of uncompleted,items prior to final acceptance. b.) LOC/Bond reduced to 10%of final acceptance for one(1)year warranty period. c.) LOC/Bond amt.to remain is updated based on Engineering News Record-construction.Cost Index ndex d.) Manual input required for cells highlighted in yellow.- H99036671ENGINEEM, 07-25-11 LETTER of CREDIT REDUCTION-REOLIEST NO.Zxfs bbc'#k1bd648 CITY OF YORKVILLE July it,201.1 LETTER OF CREDIT REDUCTION REQUEST NO 2 RUSH-cOPLEY HEALTHCARE CENTER— PHASE I Subdivision Project: Rush-Copley-Phase 1 Sitework Date of Original Bond LOC- Nov-'07 Reduction: No.2 ENR;CG Index for elate bf:original bbnd1LOC .80,9.2 LAC, No. Old Second Bank.No.60101002503 Current E14R-CC Indok 9Q80 LOC/Bond,Atnount: Amouht.df Aniount of to Remain After Approved Original Arriouriffor Reduction Reduction No. Reductiob No, Item E-rtgIheees_EsVrqat6 LOCIBond -No. 1(a) 2(a) 2(b) 1 Earthwork 0..00, 0:00 0:00' See Earthwork LOC 2 Erosion Control 0-.00• 0.00 0.00 :0.00 See Earthwork LOC. 3 Storm Sewer 0.00 0.00 .0.00 X0.00 See Earthwork•LOG 4 Sanitary Sewer $ 44,910;00 $ 49,401..00 $ '39,776.32 $ 5;133.68 $ 4,491.00 5 Watermain 127,426.00 140,168.60: 112,859.88 14,566.12 121742.60 6 Beecher Road 388,844;90 427,729.39 344,395.87 .44,449.03 38,884.49 Landscaping (See 7 also Earthwork LOC) 371,126.20 215,041.71 1.20,075.14 57"853.95 37,112.62 Total $ 932,307.10 $ 832,340.70 617,107.21 $: 122,002.78 93,23.0.71 Notes: a.) LOC/Bond amount to be 20%of substantially completed items.plus 110%of uncompleted items prior to final acceptance.. b.) LOC/Bond reduced to 10%of-final-,acceptance for one 1 year t'warr a n period. y c.) LOC/Bond amt.to-remaih is.updated tqg6d on'Engineedrig Newt.,Recdird=7Cbnstrudfion Cost Index d,) Manual ihput.r6qUiTed for cells highlighted inyellow. 'H990366AENGNEEM 07-25-11 MrrEkl OF CREDIT REIJUCTNDN-R EQUEST 110:2;xIs LdC#60101 D02603 City of Yorkville 12-Oct-11 Letter of Credit/Bond Reduction Subdivision: Rush Copley Phase 1 Sitework Date of last bond/LOC adjustment: Nov-07 Reduction No. 2 ENR-CC Index for date of last adjustment: 8092 Bond/LOC No. 'Old Second Bank LOC#60101002503 Current ENR-CC Index: 9080 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eno.Est. for LOC/Bond Prior to Reduction No.2 to Reduction No.2 Reduction No.2 after Red.No.2 Earthwork $0.00 $0.00 $0.00 $0.00 $0.00 See Earthwork LOC Erosion Control $0.00 $0.00 $0.00 $0.00 $0.00 See Earthwork LOC Storm Sewer $0.00 $0.00 $0.00 °$0.00 $0.00 See Earthwork LOC Sanitary Sewer $44,910.00 $49,401.00 $9,624.68 $39,776.32 $4,585.35 $5,039.33 Watermain $127,426:00 $140,168.60 $27,298.72 $112,859.88 $13,000.30 $14,298.42 Beecher Road $388;844.90 $427,729.39 $83,333.52 $344,395.87 $39,701.39 $43,632.13 Lansdcaoino(See also Earthwork LOC) $371.126.20 $215,041.71 $94,966.57 $120,075.14 $53,322.65 $41,643.92 Totals $932,307.10 $832,340.70 $215,223.49 $617,107.21 $110,609.69 $104,613.80 Notes: a)LOC/Bond amt.to be 20%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b)LOC/Bond reduced to 10%at final acceptance. c)LOC/Bond amt.to remain is updated based on Engineering News Record-Construction Cost Index d)Manual input required for cells highlighted in yellow. City of Yorkville 12-Oct-11 Letter of Credit/Bond Reduction Subdivision: Rush Copley Healthcare Center Phase'l Date of last bond/LOC adjustment: Jan-07 Reduction No. 2 ENR-CC Index for date of last adjustment: 7880 Bond/LOC No. Old Second Bank LOC#301000548 Current ENR-CC Index: 9080 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond Prior to Reduction No.2 to Reduction No.2 Reduction No.2 after Red. No.2 Earthwork $599,524.00 $689,922.20 $131,940.93 $557,981.27 $62,858.72 $69,082.21 Erosion Control $113,982.00 $154,010.82 $81,525.34 $72,485:48 $68,391.37 $13,133.97 Storm Sewer $176,964.50 $328,835.10 $38,945.66 . :.$289.889.44 $18,554.32 $20,391.34 Totals $890,470.50 $1,172,768.12 $252,411.93 $920,356.19 $149,804.42 $102,607.51 Notes: a) LOC/Bond amt. to be 20% of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. c) LOC/Bond amt.to remain is updated based on Engineering News Record-Construction Cost Index d) Manual input required for cells highlighted in yellow. BILL OF SALE Seller, , in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at this day of , 20_. Subscribed and Sworn to before me this day of , 20—. Notary Public 1 SEE U.S.ROUTE 34 PLANS PREPARED IPROVEMENT BY IODA PREPARED B CEM ON,LTD. LASALLE NATIONAL BAVK KENDALL MARKET PLACE TRUST#47016 (ZONED:KENDALL O)UNTY A-1) (ZONED: CITY OF YORKVAIE POD) �+•..+-- - � - sc�_y _ PLANS r i 1• - `+�; ') ' "a*---) -' ?,... --t a•8'_ ' _ PREP 8Y CE4CON.LTD. \`LOT,2''`; 1 ^ _.o RIVE. r�•i i• : l ;, 3-STORY BUILDING D lil'iM 4 r ii � i'' i• - W 1li;o•I�I , u • - l 'f 11�' I >_ 1 i r♦'' LOT 1l�' f � I (14X11 � 7j it ) � I % �♦ 7 o gam{ 11 lliw 7 �='•=_3�..��-��*:__:��_.":--_-.__—�` 1 � �, tY I�K X111 i ao�o 1 � i 41 T'A'o-5•YµyywLi•O.u`_.3r-_�T.`•�^'. •_7•`- "�--r•--:'_ k p- It it i ;/ 1 `..']r/ III if'"'k; ♦�♦� , '� � i �4I I %' �Ir ♦ 1, � it 1 RUTH NELSON TRUST 'q DOC./96-08472 CONOVER'S (Z,WED: KENDALL COUNTY) a p N i A-I m S�yf 5 � 3 N 0 g TAB:O6-OVR SITE c .. _ CopKIBM®2(*7 Ci A ,Lit N�A.eAev¢E. PREPARED FOR: PRpA.Ea BY: -�I•NS RUSH—COPLEY MEDICAL CENTER C1Y7L CEIVICON Ltd. NO. DATE OESCRPTION NO. OA7E DESCfBPRDN OVERALL SITE PLAN 2000 OGD EN AVENUE tl7 1 4/18/07/DNC REVISED PAhi k SIDEWALK ALONG BEECHER RD.AND U,S.RT.34 2-00-07 PAM AT US MUM 34 k BEEtlRA ROAD PER EUMMUC ME WA — i Consulting Engineers, Land Surveyors k Planners _)5e08/07/DM c EVISED PER TOPO 11,C ADA1SiMENT - RN pTry ap• AURORA, IL 60504 `3 2280 White Oak Circle, Suite 100Y •7-D7/OM.REMSED PERaTYaEYa�ND,�E�EW «,ERDATED saT RUSH—COPLEY HEALTHCARE CENTER PHASE 1 liras. IRkWm 60502-9675 4­21-07/014 "-PER a7Y Dr It"-IIENEW CO Dif - OMED 05-21-x7 FILE NAME: OVR SITE DSGN. BY: JX JOB NO.:903.667 Fl.D. BK. 2 PH: (630) 978-4972 Ph: 630.1162.2100 Fax: 630.862.2199 -1-21-07 REKSFD PER OTf COUMDI75 __ /PG.: --- SHEET NO,.1 E-10011; .com ftsi!e: www.c• t=o cam DIR:903667 pR4. BY: µ5E LATE: 02-09-07 SCALE 1"- 100' 6 of 46 CO. Reviewed By: Agenda Item Number J 4 ❑ Legal CA#3 Finance esr. ,_ �ea6 Engineer ❑ �, Tracking Number � �� City Administrator ❑ "aa 0 Consultant ❑ ADM 2011-52 Agenda Item Summary Memo Title: Treasurer's Report for September 2011 Meeting and Date: City Council— 10/25/11 Synopsis: Council Action Previously Taken: Date of Action: Admin 10/20/11 Action Taken: Move forward to City Council consent agenda. Item Number: ADM 2011-52 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: TREASURER'S REPORT -for the period ended September 30,2011 Cash Basis %of %of Projected BGN Fund September Revenues YTD September Expenses YTD Ending Fund Balance Revenues YTD Revenues Budget Budget Expenses YTD Expenses Budget Budget Balance General Fund 01 -General (271,900) 1,652,635 6,317,126 11,491,374 55% 1,124,268 4,441,415 10,727,492 41% 1,603,811 Special Revenue Funds 15-Motor Fuel Tax 640,399 36,334 247,104 1,011,000 24% 2,861 48,354 661,000 7% 839,149 79-Parks and Recreation 231,558 142,871 628,798 1,175,710 53% 127,833 529,018 1,189,210 44% 331,339 72-Land Cash (388,625) 11,281 330,090 420,500 78% 2,632 206,453 301,084 69% (264,988) 85-Fox Industrial TIF 569,790 103,462 252,296 - 0% 74 4,586 - 0% 817,500 87-Countryside TIF 2,178,550 - 717 10,250 7% - 65,664 307,543 21% 2,113,603 88-Downtown TIF 209,760 19,054 64,323 88,550 73% 1,314 3,117 516,840 1% 270,966 11 -Fox Hill SSA 17,942 1,127 3,639 3,786 96% 614 2,608 3,804 69% 18,974 12-Sunflower SSA 11,922 1,939 7,096 7,530 94% 1,309 4,577 9,078 50% 14,441 Debt Service Fund 42-Debt Service 8,653 114,452 352,210 427,919 82% - 69,334 428,669 16% 291,529 Capital Funds 16-Municipal Building (587,024) 2,700 5,100 5,250 97% - - - - (581,924) 22-Park and Recreation Capital 51,443 36 1,715 2,830 61% 292 1,458 123,500 1% 51,699 20-Police Capital 194,947 5,338 12,733 21,500 59% - 95 54,000 0% 207,585 21 -Public Works Capital 108,743 12,148 30,020 35,900 84% 11,103 46,667 92,595 50% 92,096 23-City-Wide Capital 652 25,829 88,969 416,600 21% - 125,000 360,000 35% (35,379) Enterprise Funds* 51 -Water 695,723 105,718 1,129,098 2,694,979 42% 144,112 1,068,294 2,571,858 42% 756,527 52-Sewer 2,377,831 584,936 2,244,668 3,105,490 72% 49,880 671,043 2,919,989 23% 3,951,457 80-Recreation Center (195,087) 47,617 256,626 611,000 42% 53,184 310,053 691,738 45% (248,514) Library Funds 82-Library Operations 317,336 223,099 666,145 736,950 90% 78,445 596,723 1,060,275 56% 386,757 83-Library Debt Service - 234,227 684,721 720,800 95% - 185,400 720,800 26% 499,321 84-Library Development Fees - 14 335,635 341,000 98% 7,835 10,965 4,000 274% 324,670 Total Funds 6,172,614 3,324,816 13,658,829 23,328,918 59% 1,605,754 8,390,824 22,743,475 37% 11,440,619 As Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. William Powell,Treasurer Prepared by the Finance Department *Fund Balance Equivalent ®4110 C/,;P.y Reviewed By: Agenda Item Number O J 4 Legal ❑ CA#4 Finance ■ EST. '- 1836 Engineer ❑ Tracking Number City Administrator ❑ " a' O Consultant ❑ K—C-M ADM 2011-54 Agenda Item Summary Memo Title: Annual Treasurer's Report for Fiscal Year 2010-2011 Meeting and Date: City Council - 10/25/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE TREASURER'S REPORT FOR THE FISCAL YEAR ENDING APRIL 30. 2011 I certify that the following is true and correct to the best of my knowledge and belief. William Powell City Treasurer Summary Statement of Operations Beginning Other Ending Fund Fund Type Fund Revenues Expenditures financing Balance/Net Balance/ Sources/(Uses) Assets Net Assets General Fund (492,939) 11,282,615 9,780,155 (1,281,421) (271,900) Library Fund 571,002 1,334,046 1,587,712 - 317,336 Special Revenue Funds 2,873,161 1,924,276 2,121,582 795,441 3.471,296 Debt Service Funds 7,628 1,025 429,404 429,404 8,653 Capital Projects Funds (191,159) 195,476 467,040 231,484 (231,239) Enterprise Funds 36,062,842 4,643,775 4,712,477 66,436 36,060,576 Fiduciary Funds 3,643,354 922,821 349,320 - 4,216,855 •NOTE: DetallLxt financial infonnation may be ti)und al ltttp:t/www.yorkville.il.us'docwncntsrFYE2011CAFR_00 Lull' United City of Yorkville FOR THE FISCAL YEAR ENDING APRIL 30,2011 RECEIPTS- GENERAL: EMPLOY CONTRIB HEALTH REIMB 193,147;ADMISSIONS TAX 181,744;COBRA INS REIMB 21,675;RETIREE INS REIMB 39,671;AMUSEMENT TAX 319,REAL ESTATE TAXES 2,521,570; TOWN ROAD/BRIDGE TAX 164,296;PERSONAL PROPERTY TAX 16,394;STATE INCOME TAX 1,315,321;MUNICIPAL SALES TAX 2,569,233; STATE USE TAX 240,047;MUNICIPAL UTILITY TAX 605,833; UTILITY TAX-NICOR 268,166;UTILITY TAX-CABLE TV 228,452;UTILITY TAX- TELEPHONE 514,189;BUSINESS DISTRICT TAX 289,015;AUTO RENTAL TAX 8,298;HOTEL_TAX 38,198; PARA MUTUEL TAX 5,131; LIQUOR LICENSE 38,903;OTHER LICENSES 2,670;BUILDING PERMITS 126,829:GARBAGE SURCHARGE 1,177,995;COLLECTION FEE-YBSD 116,087;DEVELOPMENT FEES 73,350; BEECHER LEASE AGREEMENT 4,000;BEECHER RENTALS 1,600;MOWING INCOME 3,960; TRAFFIC FINES 95,289;ADMINISTRATIVE ADJUDICATION 25,457;POLICE TOWS 80,490;DARE DONATIONS 25;HANGING BASKET DONATIONS 2,759;REIMBURSEMENTS-POLICE PROTECTN 4,190; INSURANCE REIMBURSEMENTS 35,711;WORKERS COMP REIMB 22,207;REIMB FOR LEGAL EXPENSES 46,951;MISC.REIMBURSEMENTS 63,680;POLICE SPECIAL DETAIL 4,432;LIFE INSURANCE REIMB 4,789;MISCELLANEOUS INCOME 9,628;BAD DEBT RECOVERY 10,849;TRAFFIC SIGNAL REVENUE 33,067;COPS GRANT-VESTS 1,875;MISC INTEGOVERNMENTAL 2,196,FEDERAL GRANTS 11,413; STATE GRANTS 15,630.CABLE CONSORTIUM FEES 19,505;POLICE-STATE TOBACCO GRANT 1,870;ENERGY&RECYCLING GRANT 5,307;FULL CIRCLE GRANT 17,442;INVESTMENT INCOME 1,747;INTERFUND TRANSFERS 235,357;TOTAL 11,517,963. FOX HILL SSA: FOX HILL LEVY 19,894;TOTAL 19,894, SUNFLOWER SSA: SUNFLOWER LEVY 13,871;TOTAL 13,871. MOTOR FUEL TAX: MOTOR FUEL TAX ALLOTMENTS 425,971;MFT HIGH GROWTH 24,674;GAME FARM ROAD DESIGN 6,978;FOX ROAD 4,602;DOWNTOWN PARKING LOT-OLD JAIL 151,000; ILLINOIS JOBS NOW 73,122;MISC.INCOME 85; INVESTMENT INCOME 837;TOTAL 687.270. MUNICIPAL BUILDING: DEVELOPMENT FEES-BUILDING 20,700;TOTAL 20,700. POLICE CAPITAL: DEV FEES -POLICE 16,009;DUI FINES 6,462;WEATHER WARNING SIREN FEES 408;ELECTRONIC CITATION FEES 122;SALE OF POLICE SQUADS 8,900;SEIZED VEHICLES 6,028; TOTAL 37,928. PUBLIC WORKS CAPITAL: DEVELOPMENT FEES-PUBLIC WORKS 25,100;MOWING INCOME 4,897; MISCELLANEOUS INCOME 7,283;TOTAL 37,280. PARKS &RECREATION CAPITAL: PARKS CAPITAL,FEE 1,650;MISCELLANEOUS INCOME 7,500; INVESTMENT INCOME 99;TOTAL 9,249. CITY WIDE CAPITAL: ROAD CONTRIBUTION 22,000;ENGINEERING CAPITAL FEE 3,100;MISC. REIMBURSEMENTS 1,200;STATE GRANTS 64,000,INVESTMENT INCOME 19;INTERFUND TRANSFERS 231,484;TOTAL 321,803, DEBT SERVICE: RECAPTURE-WATER/SEWER 1,025;INTERFUND TRANSFER 429,404;TOTAL 430,429. WATER: BULK WATER SALES 882;WATER SALES 1,698,753;WATER METER SALES 22,040;LEASE REVENUE-1120 TOWER 32,038;REIMBURSEMENTS 4,318;BAD DEBT RECOVERY 4,437;INVESTMENT INCOME 1,888;INTERFUND TRANSFER 82,850;CONNECTION FEES 96,140; IMPROVEMENT EXPANSION FEE 685,188;TOTAL 2,628,534. SEWER: RIVER CROSSING FEES 238;SEWER MAINTENANCE FEES 731,743;SW CONNNECTION FEES 740,000; INSURANCE REIMBURSEMENTS 1,197,REIMBURSEMENTS 3,379; INVESTMENT INCOME 1,517;TOTAL 1,478,074. LAND CASH: WHEATON WOODS GRANT 42,285;RIVER'S EDGE 671;WHISPERING MEADOWS 312,655; AUTUMN CREEK 18,460; BLACKBERRY WOODS 568;BRISTOL BAY LAND CASH 100,000; TOTAL 474,639. PARKS R RECREATION: PROGRAM FEES 189,890;CONCESSIONS 31,072;RENTAL INCOME 22,471; HOMETOWN DAYS 137,142;DONATIONS 7,445;INSURANCE REIMBURSEMENTS 7,329; MISCELLANEOUS INCOME 19,722,INVESTMENT INCOME 301;INTERFUND TRANSFERS 951,890 TOTAL 1,367,262. RECREATION CENTER: MEMBERSHIP FEES 418,685;GUEST FEES 7,072;SWIM CLASS 27,013; PERSONAL TRAINING FEES 8,055;TANNING SESSIONS 2,072;PROGRAM FEES 130,565;CONCESSIONS 14,692;RENTAL INCOME 7,103;MISC RETAIL 1,591;DONATIONS/SPONSORSHIP 3,170;TOTAL 620,018. LIBRARY: LIBRARY BOND PROP.TAX 604,131; REAL ESTATE TAXES 648,060;PERSONAL PROPERTY TAX 7,217;DEVELOPMENT FEES-BUIL.DING 8,825;DEVELOPMENT FEES-BOOKS 8,825;COPY FEES 3,339;LIBRARY SUBSCRIPTION CARDS 13,742;EXAM PROCTORING 55;PROGRAM FEES 36;DVD RENTAL INCOME 4,131;LIBRARY BLDG RENTAL 1,454;LIBRARY FINES 14,161;SALE OF BOOKS 300; MEMORIALS 1,883;LIBRARY PER CAPITA GRANT 17,193; INVESTMENT INCOME 690; TOTAL 1,334,043. FOX INDUSTRIAL TIF: TIF REVENUES 228,346; INVESTMENT INCOME 13;TOTAL 228,360. COUNTRYSIDE TIF: TIF REVENUES 6,372;INVESTMENT INCOME 3,134,TOTAL 9,506. DOWNTOWN TIF: TIF REVENUES 75,362;TOTAL 75,362. PAYROLL: 0.01 TO 25,000.00 ALWOOD,ANGELA,AMENT,BEVERLY;ANDERSON,FRED;ANDERSON, JENNIFER;ARENTSEN,DALE; ARNIFELT,LUKE;AUW,KATHLEEN;BAHR,NANCY;BAKER,STEVEN; BALDINE,TAMMY;BATTLE, BETTYE;BAUMGARTNER.ROBERT P;BAZAN,JEAN;BEACH, CHARLES: BIEGALSKI, LOUISE,BIERITZ,ROBERT;BIERMANN MILLER,KAREN:BOLANOS, ROGELIO A; BOSTON,DAWN;BRADSTREET.PATRICIA;BRETTHAUER,JANET K;BREYNE,DONNA, KURD,VALERIE;CALHOUN,KAITY E;CARLSON,JARED; CARTER, SCOTT;CATHEY,CHANDLER; CHATMAN,DEB; CYKO,KELLY;CYKO,NATALIE;DEFELICE,JANET;DEWITT,DOUGLAS F; DREDGE,THOMAS;DRESSEL,JACOB;DUNCAN,MOLLY;DUNNIGAN, SARAH,DURANCIK, NICOI_INA:. EBERHARDT.MARIANNE;ENGEL HARDT,GERALD;ESSEX,Ji`.NET;FELTON,DAN, FOSSE,TIA; FRISK,MEGAN; GARBELMAN,EMILY; GARBELMAN,MARY; GILSON,GEORGE, GLINSKI,HOLLY A;GOLDEN,KIM;GOLINSKI,GARY;GOSS,VIRGINIA,GREZLIK,CATHY; HAGEMAN,JON;HAGEMANN,JORDAN;HARBIN,ALYSSA;HARMON,RHIANNON L;HARRISON, MORGAN E;HAWS,MELISSA R.HIRTZEL,KRISTI;JOHNSON,DOREEN;JOHNSON,KARA; JOHNSTON,DEVIN;JONES,NICOLE;KIEST,DAVID E;KINSINGER,NATHAN J,KLAAS,BAILEY; KLINE, STEVE;KNUTSON,JOAN,KOVACS,RICHARD;KRUSE.KELSEY;LETRICH, CHRISTY;LEZON, HEATHER N, LINDBLOM,THOMAS;LIVINGSTON,KAY;MANNING,BARBARA;MATLOCK,JOANNE, MCCOY, SARA;MCCUE,ALYSSA; MILLER,CHRISTOPHER S; MILLER,KENNETH;MILSCHEWSKI, JACQUELYN;MING,CORTNEY;MINOR,ALLAN;MIX,SHARON;MOHLER,DEB[;MORKERT, CHRISTOPHER;MORRIS,JILL;MUNNS,MARTIN,NEGRE,RYAN;NICHOLSON,MICHELLE;NIESEN, CATHERINE;ODOM.MATTHEW J;PAGE,DALE;PAVLAK,CRYSTAL L;PFEIFFER,DAVID;PIELECH, JAMES;PLECKHAM,TRACI;PLOCHER,ARREN;POWELL,WILLIAM; PRATT,SUZIE L;PREDY, BARBARA;REDMON, STEVEN;REESE,ANNETTE; RIOS,YVONNE M;ROBBINS,KATIE; SAUER, MARJORIE;SCHICK,DANIELLE; SCHMIDT,MARGO; SCHOENY,KAREN L; SEIBEL,CAROY; SKINNER,KATIE; SMITH,KATHERINE;SPAAR,STEPHANIE L; SPAAR,STEPHANIE L; SPEARS,ROSE; SPRATT,VICTORIA M; SPURLOCK,RALPH;STAGGS,NISACHERI; STANISLAUS,KEITH; STRAZZANTE,ELIZABETH; STRICKER,BETH;SULLIVAN,CHRISTOPHER; SUTCLIFF,ROBYN; TEELING,DIANE;UCHIDA,HEATHER R;UNDERWOOD,SANDY;VAN CLEAVE,VIANNE;WALKER, KIRSTEN;WALKER,RON;WEDGE,DANIEL;WERDERICH,WALTER;WICKS,CAROL,WILKINSON, PEGGY, WILSON,DONNA;YARBROUGH,NATHANIAL M. PAYROLL: 25,000,01 TO 50,000.00 AUGUSTINE, SHELLEY;BROWN,DAVID, CALVERT,GLENN; COLLINS JR,ALBERT;DEBORD,DIXIE;DIEDERICH,RONALD;DILLON.SALLY;DYON,JUDY; FELTES,RITA; FREDRICKSON,DAVID;GAWRYCH,KRISTOPHER;GRAFF, CHARLES;GRAFF, SHAMIM; GRAFF,SHAMIM;HENNE,DURKEN;HOPKINS,AMANDA;HORNER, RYAN;IWANSKI, SHARYL;JACKSON,JAMIE;KANAN,LLANN;LAVN'RENTZ,KEVIN;LEJA,NICOLE;MEDINA,TONY; MIKA, SUSAN,OLSEM,PAMELA,OSTREKO,MEGHAN;REISINGER,BARBARA; ROBINSON, MICHAEL;ROSBOROUGH, SHAY; SCODRO,PETER;SCOTT,WILLIAM;SIMMONS,AMY;TATE, THOMAS:WATERS,MICHAEL;WEBER,GREG;WEBER,ROBERT,WEINERT,ANDREA M;WOODRICK, JENNIFER;WRIGHT,RACHEL. PAYROLL: 50,000.01 TO 75,000.00 BARKSDALE-NOBLE,KRYSTI:BEHRENS,BRETT;BEHRENS, DAVID;BUSCH,DARRELL;CARLYLE,MITCHELL;DEARBORN,JACKIE;EVANS,TIMOTHY; GOLDSMITH,RYAN;GRIMES,TOM; GROESCH,BARRY;HART,ROBBIE;HAYES,CHRISTOPER; HELLAND,JONATHON;HOULE,ANTHONY;HUNTER,JOHN;JELENIEWSKI,ANDREW;KETCHMARK, MATTHEW; KOLOWSKI,TIMOTHY;MCMAHON,PATRICK;MIKOLASEK,RAYMOND;MOORE,JOE; MOTT, STACEY;PFISTER,MICHAELEEN;PFIZENMAIER,BEHR;PICKERING,LISA;PLECKHAM, DANIEL; SCHRAW, LAURA; SCHWARTZKOPF,MOLLY;SCHWARTZKOPF,MOLLY,SENG,MATTHEW; SLEEZER,JOHN;SLEEZER,SCOTT:SORENSEN,BRIAN;SPIES,GLORY;SWITHIN,SUSAN;ZABEL, PAUL. PAYROLL: 75,000.01 TO 100,000.00 BOZUE,STEVEN,DELANEY,DAVID;DHUSE,ERIC;HILT,LARRY, JOHNSON,JEFFREY;KLINGEL,TERRY;OLSON,BART;PRESNAK,JAMES; SCHWARTZKOPF, DONALD;STROUP,SAMUEL;WYWROT,JOSEPH. PAYROLL: 100,000.01 TO 125,000.00 HART,RICHARD. TOTAL 5,639,645. VENDOR DISBURSEMENTS OVER$2,500: 3M 34,423;ACTION GRAPHIX LTD 4,361,ALL STAR SPORTS INSTRUCTION 16,443;AMERICAN FITNESS WHOLESALERS 4,203;AQUA PURE ENTERPRISES,INC. 4,196;ARAMARK UNIFORM SERVICES 8,112:AT&T 17,972;AURORA AREA CONVENTION 29,955; AURORA BLACKTOP 101,179;AUTOMOTIVE SPECIALTIES,INC.9,483;BAKER&TAYLOR 97,250; BANC OF AMERICA LEASING 15,732.BRIAN BETZWISER 82,295;BLUE CROSS BLUE SHIELD 1350,257;BP AMOCO OIL COMPANY 13,155;BRENNTAG MID-SOUTH,INC. 11,218;BRISTOL KENDALL FIRE DEPART.36,020;UNITED COMMUNICATION SYSTEMS 38,804;CAMBRIA SALES COMPANY INC. 13,056;CARGILL. INC 125,984; CARSTAR 2,966;CDW GOVERNMENT INC. 15,144; CENTEX HOMES 3,525, CENTRAL LIMESTONE COMPANY,INC 2,600;CENTRAL SALT,L.L.C. 132,777; CLARK ENVIRONMENTAL 6,500; CLARK EQUIPMENT COMPANY 4,000;RICHARD HOPKINS CLARK 41,667; RONALD WILLIAM CLARK JR.41,667; CLASSIC LANDSCAPE,LTD 7,854;COFFMAN TRUCK SALES 3,273,CARLO D. COLOSIMO 4,020;COMMONWEALTH EDISON 172,376;CONSTELLATION NEW ENERGY 218,891; CORPORATION FOR OPEN LANDS 10,000;CHRISTOPHER J.PLASCH 4,525; CRAWFORD,MURPHY&TILLY,INC.9,569;CROWN TROPHY 3,724;JULIE VISHER 3,750;DEMCO,INC. 3,125;DEPO COURT REPORTING SVC,INC 11,934;DLT SOLUTIONS,INC.2,921;DOOR TO DOOR DIRECT 3,868;EBSCO INDUSTRIES,INC.4,716;EJ EQUIPMENT 3,085;ENCAP,INC. 8,536; ENGINEERING ENTERPRISES,INC. 38,833; EUCLID BEVERAGE 13,310;EXELON ENERGY 57,828; FARREN HEATING &COOLING 8,616,FIRST NONPROFIT UNEMPLOYEMENT 78,513;RAQUEL HERRERA 7,534;FOLEY&LARDNER LLP 9,888;FORCES INC 5,365;FOX VALLEY TROPHY& AWARDS 2,877;FOX VALLEY FIRE& SAFETY 2,847;THE IDEA PROS,INC.8,588; FULTON TECHNOLOGIES 2,755; G.A.JOHNSON&SONS 3,750;GARDINER KOCH&WEISBERG 90,234,SHARON CLARK GASKILL 41,667; GFS FENCE, GUARDRAIL&SIGNAGE 23,128;GJOVIK FORD-MERCURY, INC. 4,879: GOLD MEDAL PRODUCTS 10,220; GOOD YEAR WHOLESALE TIRE CENTS 5,793;GRAINCO FS., INC. 5,924; GREATAMERICA LEASING CORP. 8,832;HACH COMPANY 2,817;KRS UPROAR,INC. 5,000; HARRIS 11,578;HAYDEN'S 8,578;HD SUPPLY WATERWORKS,LTD. 19,758;HEWLETT-PACKARD COMPANY 7,048;HI FI EVENTS,INC. 13,250;FARM PLAN 2,914,HOME DEPOT 3,809;HOME PAGES 2,500;HOMER INDUSTRIES 10,270;HOVING PIT STOP 5,616;HUEN ELECTRIC,INC. 6,845,IL VALLEY URBAN LUMBERJACKS 11,350;ILLINOIS DEPARTMENT OF 22,880;ILLINOIS E.P.A.280,913;ILLINOIS STATE POLICE 3,562;ILLINOIS PUBLIC SAFETY AGENCY 6,660; ILLINOIS TRUCK MAINTENANCE,IN 15,280; ILLINOIS PUBLIC RISK FUND 144,882;IMAGE PLUS 3,497; 1MAJE RECORDS,INC 5,000;APEX INDUSTRIAL AUTOMATION LLC 4,559; ITRON 5,146;JAY M.HEAP&ASSOCIATES, LTD 20,000;JET SEALCOATING 18,701;JOB'S LANDSCAPING INC. 12,177;JULIE, INC.2,805;KATHLEEN FIELD ORR& ASSOC. 139,817;KENDALL COUNTY ASSOCIATION 4,630;KENDALL COUNTY CONCRETE 8,302; KENDALL COUNTY COLLECTOR 53,859;MICHAEL PAVLTK 17,611;KENDALL COUNTY FOREST 7,227; KENDALL COUNTY PROBATION 2,683;KENDALL COUNTY RECORDER'S 7,406; KENDALL COUNTY RECORD 5,373; KENDALL COUNTY TREASURER 19,118;ANNETTE M.POWELL 3,743;KIDS FIRST SPORTS SAFETY INC. 8,572;KISHOR PATEL 91,748;KONICA MINOLTA BUSINESS 12,019; LANDMARK FORD INC 42,310;LANER,MUCHIN,DOMBROW,BECKER 2,621;LENNAR CHICAGO,INC.30,996;LIFE FITNESS 5,198;M.A.C.AMUSEMENT INC. 29,158;MAD BOMBER 4,500;ARCH CHEMICALS,INC 3,462, MARTENSON TURF PRODUCTS 6,338;THE PRESTWICK GROUP,INC 6,685,MC CUE BUILDERS,INC. 4,763; RANDY MCKIRGAN 43,552;MEADE ELECTRIC COMPANY, INC.9,178;MENARDS INC 141,357; MENA.RDS-YORKVILLE 13,615;MESIROW INSURANCE SERVICES INC 191,517;METLIFE SMALL BUSINESS CENTER 24,060;METROPOLITAN INDUSTRIES,INC.6,903;MID AMERICAN WATER 8,760; MIDAMERICA BOOKS 4,247;MIDWEST TAPE 16,997;MJ ELECTRICAL SUPPLY,INC. 12,086;BRUCE MORRICK 3,115,NORMAN C.MURRAY 4,175;NARVICK BROS.LUMBER CO,INC 3,106;NEXTEL COMMUNICATIONS 25,912;NICOR GAS 47,045;NORTH EAST MULTI-REGIONAL 5,745;N. ILLINOIS MUNICIPAL NATURAL 3,181;NUTOYS LEISURE PRODUCTS 56,988;CYNTHIA O'LEARY 3,490; OCHOA ENTERPRISES,LLC 10,100;OFFICE WORKS 10,730;PEPSI-COLA GENERAL BOTTLE 10,319;PITNEY BOWES 16,222;PIZZO AND ASSOCIATES,LTD 4,320;PLAYPOWER LT FARMINGTON INC 11,065; PRAIRIE AREA LIBRARY SYSTEM 9,254;PRAIRIECAT 3,224;PUBLIC SAFETY DIRECT,INC 12,241 QUILL CORPORATION 4,301;R. SMITS&SONS 3,360;RAGING WAVES 99,959;RATOS,JAMES 14,233; IDA MAE RECK 2,500;JOSEPH G.RECK 2,500;REINDERS,INC.2,760;RI WATERMAN PROPERTIES 275,865;JEFF RICHARDSON 3,113,TRACY ROBINSON 2,815,SEC GROUP,INC.6,456;SENIOR SERVICES ASSOC, 5,000;SERVICE PRINTING CORPORATION 29,295; SERVICEMASTER COMM. CLEANING 14,312;SERVICEMASTER OF AURORA&4,684; SHAW TENT&AWNING 2,810;SHELL OIL CO. 103,827; SMITH ECOLOGICAL SYSTEMS INC.3,226; SWFVCTC 75,262;SPORTSFIELDS,INC. 17,329; STERLING CODIFIERS, INC. 5,469;STREICHERS 12,549; SUPERIOR ASPHALT MATERIALS LLC 6,936; TEAM REIL INC. 9,140;THE BANK OF NEW YORK 4,960,621;THE BANK OF NEW YORK MELLON 3,139,723;THE GALE GROUP INC. 2,898;PEREGRINE,STIME,NEWMAN,3,365;THYSSENKRUPP ELEVATOR CORP 2,790;TKB ASSOCIATES,INC.4,935,TODAY'S BUSINESS SOLUTIONS INC 2,543;TPI BUILDING CODE CONSULTANTS 17,532;TRAFFIC CONTROL CORPORATION 5,169;TRICO MECHANICAL SERVICE GROUP 8.705;TUCKER DEVELOPMENT CORP. 149,108;KRIBBS AUTOMOTIVE,INC 10,689;U.S.BANK 192,233;UNIQUE PRODUCTS &.SERVICE 7,279;UNITED PARCEL SERVICE 4,457;JOSEPH J. DEMARCO 3,600;HIGHSMITH,LLC 2,563;US BANK OPERATIONS CENTER 1,220,045,VEOLIA ES SOLID WASTE MIDWEST 1,078,520; VERMONT SYSTEMS 5,780;VERNE HENNT CONSTR,&46,501;Y'I:IN CHEIMICAL COMPANY 5,171;VISA 42,793;VISION SERVICE PLAN 12,532,WALKERCUSTOM HOMES,INC.215,500;WALMART COMMUNITY 4,702,TINA C WARD 8,708; WATER PRODUCTS,INC. 12,921; WATER SOLUTIONS UNLIMITED,INC 14,729;WESLEY PROPERTY CORP. 163,122;WHOLESALE TIRE 6,118,WILDMAN,HARROLD,ALLEN&51,877;WILLIAM RYAN HOMES-CHICAGO S.6,225,WINTER EQUIPMENT COMPANY 4,099;WIRE WIZARD OF ILLINOIS,INC 2,824;WOLF&COMPANY 45,950; YORKVILLE BRISTOL 3,000,045;YORKVILLE AREA CHAMBER OF 2,590; YORKVILLE ECONOMIC DEV 45,100,YORKVILLE NAPA AUTO PARTS 4,589;YORKVILLE POSTMASTER 16,200; YORKVILLE SCHOOL DIST 34,653;ZENON COMPANY 28,000, EXPENSE DISBURSEMENTS UNDER 2,500.00 278,257;TOTAL 20,443,992. N'O'D C/Ty Reviewed By: Agenda Item Number J 0o-� Legal CA#5 EST. 1836 Finance ■ Engineer ❑ Tracking Number -< s City Administrator Gl ■ 0 �* d. Consultant ❑ ADM 2011-57 E El Agenda Item Summary Memo Title: Fox Industrial TIF— Surplus and Termination Meeting and Date: City Council— 10/25/11 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING PAYMENT OF REDEVELOPMENT PROJECT COSTS AND DISTRIBUTION OF SURPLUS FROM THE SPECIAL TAX ALLOCATION FUND OF THE CITY'S FOX INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA 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 Ordinance Nos. 2001-25, 2001-26, and 2001-27 adopted on May 10, 2001, in accordance with the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the "TIF Act"), the City approved the Fox Industrial Park Tax Increment Redevelopment Project Plan and Project (the "Plan"), for a specific area qualifying as a redevelopment project area under the TIF Act (the "Project Area"), and adopted tax increment financing for the purpose of implementing the Plan for the Project Area; and, WHEREAS, as a result of the foregoing actions by the City, incremental real estate taxes derived from the Project Area have been distributed to the City for deposit into the Fox Industrial Park Tax Allocation Fund, as required by the TIF Act; and, WHEREAS, pursuant to the TIF Act surplus funds in the Fox Industrial Park Tax Allocation Fund not required, pledged, earmarked, or otherwise designated for payment of any outstanding obligations and anticipated redevelopment project costs as set forth in the Agreements shall be calculated annually and deemed to be surplus funds and shall be distributed to the affected Taxing Districts; and, WHEREAS, pursuant to the TIF Act, the surplus funds shall be forwarded to the County Treasurer who shall immediately thereafter distribute such funds to the affected Taxing Districts in the same manner and proportion as the most recent distribution of real property taxes from property in the Project Area. WHEREAS, the Corporate Authorities have determined that the remaining outstanding redevelopment project costs are $20,000 for industrial park identification signs, $15,000 for administrative costs and $151,954 for debt service costs. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated into this Ordinance as if restated in this Section. Section 2. The amount of incremental tax revenues derived from the Project Area that are required to complete the outstanding projects is $186,954.00. Section 3. The City Treasurer is hereby authorized and directed to effect the payment over to the County Treasurer of all sums in the Fox Industrial Park Tax Allocation Fund in excess of$186,954.00 for redistribution to the affected Taxing Districts in the same manner and proportion as the distribution of real property taxes from property in the Project Area prior to the dissolution of the designation of the Project Area under the TIF Act. Section 4. Upon effecting Section 3 of this Ordinance on or before November 1 in calendar year 2011, the City Clerk shall notify affected taxing districts that the City intends to dissolve the special tax allocation fund for the Project Area and to terminate the Project Area by December 31, 2011. 2 Section 5. This Ordinance shall be in full force and effect upon its passage and approval, as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 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 3 Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, 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 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 Ordinance Nos. 2001-25, 2001-26, and 2001-27 adopted on May 10, 2001, in accordance with the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the "TIF Act"), the City approved the Fox Industrial Park Tax Increment Redevelopment Project Plan and Project (the "Plan"), for a specific area qualifying as a redevelopment project area under the TIF Act (the "Project Area"), and adopted tax increment financing for the purpose of implementing the Plan for the Project Area; and, WHEREAS, the Corporate Authorities have heretofore and hereby expressly determined that it is desirable and in the best interests of the City and the Taxing Districts that the Fox Industrial Park Special Tax Allocation Fund be dissolved and the Project Area be terminated; and, WHEREAS, the City has approved Ordinance No. adopted , entitled "AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING PAYMENT OF REDEVELOPMENT PROJECT COSTS AND DISTRIBUTION OF SURPLUS FROM THE SPECIAL TAX ALLOCATION FUND OF THE CITY'S FOX INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA" 1 for payment of pending redevelopment project costs, debt service costs and then the distribution of all remaining surplus funds in the Fox Industrial Park Special Tax Allocation Fund. NOW, THEREFORE BE IT ORDAINED by the City Council of the United City of Yorkville. Kendall County. Illinois, as follows_ Section 1. The Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true and correct and do hereby incorporate them into this Ordinance by this reference. Section 2. Special Tax Allocation Fund Dissolved. The Fox Industrial Park Tax Increment Redevelopment Project Area Special Tax Allocation Fund is hereby dissolved. All surplus funds remaining in the Special Tax Allocation Fund shall be distributed by being paid by the City Treasurer to the County Collector who shall immediately thereafter pay said funds to the Taxing Districts in the same manner and proportion as the most recent distribution by the County Collector to the Taxing Districts of real property taxes from real property in the Project Area. Section 3. Designation of Project Area Terminated. As of December 31, 2011, the designation of the Project Area shall be deemed to be terminated. Section 4. Repealer. All ordinances, resolutions, orders or parts thereof, in conflict with the provisions of this Ordinance be and are hereby repealed. Section 5. This Ordinance shall be in full force and effect upon its passage and approval, as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK 2 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 3 C/T� Reviewed By: Agenda Item Number n p graft- -� Legal ❑ CA#6 �'� Finance El EST, \` i 1836 Engineer ❑ g Tracking Number City Administrator �W° tea 0 Consultant El❑ ADM 2011-60 E Agenda Item Summary Memo Title: Resolution regarding Access to the City Clerk's Safety Deposit Box Meeting and Date: City Council— 10/25/11 Synopsis: Resolution to allow City Administrator to change clerk access to safety deposit box whenever clerks/deputy clerks are elected or appointed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approve resolution and authorize the Mayor and City Clerk to execute. Submitted by: Bart Olson City Administrator Name Department Agenda Item Notes: Resolution No. 2011- A RESOLUTION REGARDING ACCESS TO THE CITY CLERK'S SAFETY DEPOSIT BOX Whereas, the City Clerk of the United City of Yorkville ("city")bears the responsibility for holding the bonds and letters of credit for the city; and, Whereas, the city's bonds and letters of credit are held in a safety deposit box off the municipal premises; and, Whereas,it is necessary for both the City Clerk and the Deputy Clerk to access the city's safety deposit box holding the city's bonds and letters of credit; and, Whereas, whenever a new City Clerk and/or a new Deputy Clerk are elected or appointed, it shall become necessary to remove the name of the previous City Clerk and/or Deputy Clerk from the persons authorized to access the city's safety deposit box holding the bonds and letters of credit and the new City Clerk and/or new Deputy Clerk shall be added to the persons authorized to access the city's safety deposit box holding the bonds and letters of credit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City Clerk and Deputy Clerk are hereby authorized to enter the city's safety deposit box number 210002049 at Old Second Bank and that the City Administrator is hereby directed to notify Old Second Bank to implement any changes to the persons designated to enter aforementioned safety deposit box. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 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 C/Ty Reviewed By: �j O Agenda Item Number Z) A Legal Finance CA#7 EST., _ 1836 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number 0` Community Development ❑ K— Police ❑ ADM 2011-50 �C4.E �`'� Public Works ❑ Agenda Item Summary Memo Title: Downtown TIF budget amendment Meeting and Date: City Council—October 25, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: ° cl ry o Memorandum I� To: Mayor and City Council EST.. 1836 From: Bart Olson, City Administrator Rob Fredrickson, Finance Director Date: October 21, 2011 K¢x.'a GuwiN Subject: Downtown TIF Budget Amendment L E Summary Staff is requesting the creation of two new budgeted line-items in the Downtown TIF Fund for"Legal Services" and "Project Costs". Both line items would be appropriated with $10,000 in order to track expenditures relating to negotiating TIF agreements and for minor rehab work on public buildings. Request for New Line-Items During the past several months, the City has had discussions with various potential developers and current downtown property owners about TIF incentives. Often,these discussions result in a conversation with Attorney Orr by a staff member or the current of future property owner. Attorney Orr's billed time is either then coded to the "Administration Fees" line-item in the Downtown TIF budget or the City's corporate counsel budget line-item. In order to properly track legal expenses related to development in the Downtown TIF district, a new "Legal Services" line-item should be created with a budgeted amount of$10,000. This way, when the City entertains pre-concept plan discussions with a developer or property owner, we can code the legal expense out of this line-item and have an accurate idea of the cost of negotiating agreements in the future. Rehab work on public buildings and other minor expenses in the Downtown TIF district would be authorized by staff out of the "Project Costs" line item, which would also be appropriated in the amount of$10,000. An example of this would be the old post office, which needs some minor rehab work to replace and upgrade a failing and outdated HVAC system. This cost (less than $10,000) could be authorized by staff and coded out of the downtown TIF instead of coming out a line-item in the general fund. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2011- ORDINANCE APPROVING THE REVISION OF THE 2011-2012 FISCAL YEAR BUDGET FOR THE UNITED CITY OF YORKVILLE REGARDING THE DOWNTOWN TIF FUND WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE, through its committee system have duly considered revision of the budget for the 2011- 2012 Fiscal Year Budget regarding the Downtown TIF Fund; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE deem it in the best interest of the City for the orderly operation thereof to pass and approve the revised 2011-2012 Fiscal Year Budget regarding the Downtown TIF Fund being submitted on October 25, 2011 at its regular City Council meeting: NOW, THEREFORE, BE IT ORDAINED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois that the revision of the 2011-2012 Fiscal Budget regarding the Downtown TIF Fund, as attached, is hereby adopted for the 2011-2012 Fiscal Year. 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 , A.D. 2011. MAYOR Downtown TIF Fund (88) The Downtown TIF was created in 2006,in order to finance a mixed use development in the downtown area. FY 2011 FY2009 FY2010 Adopted FY2011 FY2012 FY2013 FY2014 Actual Actual Budget Projection. Adopted* Projected Projected Revenue Taxes 71,588 88,550 88,550 75,362 88,550 88,550 88,550 Miscellaneous 3,551 - - - - - - Total Revenue 75,139 88,550 88,550 75.362 88,550 88,550 88,550 Expenditures Contractual Services 4,069 1,832 1,500 1,500 11,500 1,500 1,500 Capital Outlay 24,063 - - 525,340 28,630 28,630 Other Financing Uses 25,805 - - - - - - Total Expenditures 53,937 1,832 1,500 1,500 536,840 30,130 30,130 Surplus(Deficit) 21,203 86,719 87,050 73,862 (448,290) 58,420 58,420 Ending Fund Balance 49,575 136.294 136,625 210,156 (238,134) (179,714) (121,294) N $300 Fund Balance M $200 7 $100 F $0 - ($100) ($200) ($300) *Amended Budget United City of Yorkville Downtown TIF Fund 88 DOWNTOWN TIF FUND REVENUE FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2013 FY 2014 Account Description Actual Actual Budget Projected Adopted Projected Projected Taxes 88-000-40-00-4088 PROPERTY TAXES-DOWNTOWN TIF 71,588 88,550 88,550 75,362 88,550 88.550 88,550 Total: Taxes $71,588 $88,550 $88,550 $75,362 $88,550 $88,550 $88,550 Miscellaneous 88-00048-00-4850 MISCELLANEOUS INCOME 3,551 - - - - - - Total: Miscellaneous $3,551 $0 $0 $0 $0 $0 $0 Total: DOWNTOWN TIF REVENUE $75,139 $88,550 $88,550 $75-362 $88,550 $88,550 $88,550 United City of Yorkville Downtown TIF Fund 880 DOWNTOWN TIF FUND EXPENDITURES FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2013 FY 2014 Account Description Actual Actual Budget Projected Adopted• Projected Projected Contractual Services 88-880-54-00-5420 ADMINISTRAf1VE FEES 532 1,832 1,500 1,500 1.500 1,500 1,500 88-880-54-00-5462 PROFESSIONAL SERVICES 3,537 - - - - - - 88.890.54.-00-5466 1E44ALSERVICMS - - - I0,Ot10 - . Total: Contractual Services $4,069 $1,832 $1,500 $1,500 $11,500 $1,500 $1,500 Capital Outlay fib-580-50-13G-61700 PROJECT COSTS - - - 10.000 - 88-880-60.00-6040 IN-TOWN ROAD PROGRAM 24,063 - - - - - - 88-880-60-00-6079 ROUTE 47 EXPANSION - - - - 515,340 28,630 28,630 Total: Capital Outlay $24,063 $0 $0 $0 $525,340 $28,630 $28,630 Other Financing Uses 88-880-99-00-9901 TRANSFER TO GENERAL 25,805 - - - - - - Total: Other Financing Uses $25,805 $0 $0 $0 $0 $0 $0 Total: DOWNTOWN TIF EXPENDITURES 5$ 3.937 $1.832 $1.500 $1,500 $536,940 $30,130 $30,130 •Amended Budget c/Ty Reviewed By: Agenda Item Number G, O T Legal El Minutes #1 EST. 1836 Finance ❑ Engineer ❑ g Tracking Number CO City Administrator ❑ O Consultant ❑ KzG ,„r CC 2011-114 �L4 E El Agenda Item Summary Memo Title: Minutes of the City Council— September 13, 2011 Meeting and Date: City Council 10/25/11 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: CC 10/11/11 Action Taken: Tabled. Item Number: CC 2011-114 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 SEPTEMBER 13,2011 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 1 Gilson Present (phone) Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present 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 Sanderson,Community Development Director Barksdale-Noble,and Director of Park and Recreation Schraw QUORUM A quorum was established. Mayor Golinski stated that Alderman Gilson is calling in for the meeting. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Presentation of Checks to Kendall County PADS and Meals on Wheels Mayor Golinski stated this was a competition that the City Council was challenged to by the Park Board to see who could garner the largest number of tips in the beverage tent on Friday evening of Hometown Days.The City Council was victorious but agreed to split the profits to the two worthy charities. Southwest Fox Valley Cable Television Consortium Presentation by Mike Rennels Mayor Golinski requested that Mr.Rennels give an overview.The Southwest Fox Valley Cable Television Consortium has trained 172 community members of Yorkville,Plano,Sandwich,and North Aurora and has provided training to learn to create programming for and about their community.The community members are provided with a channel to put the programming they produced on the air.This was initially through cable television.Southwest Fox Valley Cable Television began on cable channel 17. Currently there are two channels, 17 for public access programming and 10 for other government programming.Also on AT&T channel 99 and streaming on the Internet.The cable channel covers City Council meetings and many other programming events.The City Council meetings of Yorkville are being aired six days a week.Southwest Fox Valley Cable Television Consortium is funded through the cable subscribers.The studio is located at Waubonsee Community College. PUBLIC HEARINGS None. CITIZEN COMMENTS Jesus Alaniz,Colonial Parkway,gave a citizens report on the day that Sherriff Joe Arpaio came in from Arizona.There were many negative reports on the internet and radio.Mr.Alaniz stated that he was with Sheriff Arpaio from the time he arrived to the time he left and they talked quite a bit.During that time Sheriff Arpaio was very kind and respectful to him.He believes the press did an extremely poor job of covering the story and facts.Mr.Alaniz made comments referring to Rahm Emanuel and Dick Durbin's willingness to speak with only members of the press.In the United States Constitution,the first words are,our Congress shall make no law as to determine who the press is,yet that is exactly what Dick Durbin did.There is a difference between the press who handles the First Amendment and the citizens who exercise their Second Amendment rights.The people with the Second Amendment rights recognize that there is a responsibility that goes with that right.The people of the press,who call themselves The Minutes of the Regular Meeting of the City Council—September 13,2011—Page 2 of 8 professional,exercise no responsibility.Mr.Alaniz believes that our city was unfairly and unjustly given a black eye by an irresponsible press. CONSENT AGENDA 1. Bills for Payment-$548,717.43(CC 2011-101) 2. Police Reports for July-August 2011 (PS 2011-24) 3. Ordinance 2011-46 Amending the Code of Ordinances Regulating On Street Parking(Prairie Grass Lane)—authorize Mayor and City Clerk to execute(PS 2011-26) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Kot;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye,Spears-aye,Munns-aye, Funkhouser-aye,Gilson-aye,Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—August 9,2011(CC 2011-102) 2. Minutes of the City Council—August 23,2011(CC 2011-103) Mayor Golinski entertained a motion to approve the minutes of the City Council for August 9,2011 August 23,2011.So moved by Alderman Spears;seconded by Alderman Colosimo. Changes to August 23,2011 City Council Minutes:Alderman Spears stated on page 5 under Community Liaison Report,2nd paragraph should state Area Agency Board.Last sentence on that page should state served 10 million meals.Mayor Golinski stated on page 6,3rd paragraph Hultgren was misspelled. Alderman Milschewski said on page 6,Additional Business under Hotel Tax she stated that she asked if there was a way the City Council could get an update as to what has been paid to the Tourism Bureau since January.Also,she stated under Game Farm Road,she asked when the patching would begin. Amended minutes approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Mayor Golinski stated he wanted to read a proclamation from the Daughters of the American Revolution. See attached Proclamation. Intergovernmental Agreement for the Reconstruction of Illinois Route 47 (CC 2011-97) Mayor Golinski entertained a motion to approve an ordinance approving an intergovernmental agreement between the United City of Yorkville and the State of Illinois Department of Transportation for the reconstruction of Illinois Route 47 and authorize the Mayor and City Clerk to execute.So moved by Alderman Kot;seconded by Alderman Munns. City Administrator Olson presented a PowerPoint presentation on the Route 47 expansion overview.This overview included streetlights,traffic signal upgrades,downtown changes,changes to intersections, crosswalks,sidewalks and paths,storm water,new medians,and other facts having to deal with a Route 47 expansion.See attached PowerPoint presentation. Mayor Golinski asked for comments or questions on the motion,agreement,or city administrator Olson's presentation. Alderman Gilson had several questions for City Administrator Olson which he answered with the help of Public Works Director Dhuse.Here are the following questions and answers: Maintaining sidewalk easements-The agreement was approved 2 or 3 years ago and was general in its language.It stated the city has a right to build as long as the city agrees to maintain it. Difference between side walk and carriage walk-a carriage walk is just like a sidewalk except for the fact it backs up directly to the curb. Outfalls—The city is responsible for maintaining and repairing them if it is less than 8 feet.Anything over 8 feet reverts back to the state. The Outfalls do not need to be tested for water quality. The Outfalls had been planned in project for a very long time. Power Poles being buried—It is underground utilities instead of overhead utilities. Underground is much more reliable but very expensive. One way for payment of the electric bill to be passed on would be to have a surcharge passed along to everyone's bill in the municipality instead of the city,as an entity, paying for it. This option was never looked into for the city felt it wasn't advisable. The Minutes of the Regular Meeting of the City Council—September 13 2011—Page 3 of 8 Outsourcing—The Cio,is going to outsource with EEI and do some of it in house with our City's staff The City will get an invoice from EEI or whoever else the City may use. Alderman Teeling had a question about the people on site supervising water,storm sewer,and sanitary sewer relocations and construction.She believes there will be other parts to this project that will need supervision by the city.She said it seems that there may be additional costs for the city due to extra engineering work needed for the project.City Administrator Olson stated there should not be any other work needed to be supervised.He stated the city is paying IDOT to essentially engineer and build the project.Alderman Teeling questioned City Administrator Olson that in the absence of a city engineer will additional work be needed to be performed by the cities outside engineering group.City Administrator Olson stated no,it will be rolled into the existing contract.This will be done up to a cap,and anything over and above that will be extra.City Administrator Olson stated that he is anticipating over$100,000 in billable staff time over three fiscal years. City Attorney Orr stated that it is her understanding,having read the documentation that if the city adopts the agreement then the city has to adopt all of the ordinances conveying the rights and easements etc.So she suggested that the motion be a motion for the agreement and all of the ordinances itemized as ABC and D on our agenda because the city cannot adopt one without the other. Alderman Colosimo wanted to clarify that Yorkville does have a city engineer and that is EEI. Alderman Spears asked City Administrator Olson if he stated that it would cost$100,000 over a three- year span,or it would be$33,000 per year.Clearly that would be less than what the city was paying our engineering department.City Administrator Olson stated correct.Alderman Funkhouser stated that Public Works Director Dhuse said that the replacement of the storm sewer would be for an 8 foot section but on number 17 of the agreement states that the storm sewer repair is a 12 foot section.Public Works Director Dhuse stated that is correct and he apologized. Alderman Kot asked how this pavement compares to when Countryside Parkway was extended a few years back.Public Works Director Dhuse stated it is at least as strong as Countryside Parkway if not stronger. Mayor Golinski stated that the previous motion was rescinded and then City Attorney Orr stated and now a motion on the issue needs to be made to incorporate all of the ordinances before the City Council on this matter.See below. Ordinance 2011-47 Intergovernmental Agreement for the Reconstruction of Illinois Route 47 (CC 2011-97) Mayor Golinski entertained a motion to approve an ordinance approving an intergovernmental agreement between the United City of Yorkville and the state of Illinois Department of Transportation for the reconstruction of Illinois Route 47 and that includes the following ordinances and resolutions and authorize the Mayor and City Clerk to execute.So moved by Alderman Funkhouser;seconded by Alderman Milschewski. Ordinance 2011-48 Regarding Access Drive Roadway Location Near the Intersection of US 34 and Illinois 47 to be Transferred from the State of Illinois to the Jurisdiction of the United City of Yorkville Resolution 2011-21 Appropriating Funds for the Reconstruction of Illinois 47 (Bridge Street)from just North of Illinois 71 to just North of Carpenter Street Ordinance 2011-49 Regulating Parking on Illinois 47(Bridge Street) and US 34(Veterans Parkway) Ordinance 2011-50 Regulating Encroachment on Public Right of Way Mayor Golinski asked for any comments or questions on the amended motion that incorporates all of the ordinances and resolutions. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Gilson-aye,Kot-aye,Munns-aye PUBLIC WORKS COMMITTEE REPORT No Report. ECONOMIC DEVELOPMENT COMMITTEE REPORT The Minutes of the Regular Meeting of the City Council—September 13,2011—Page 4 of 8 Annexation of Certain Properties Pursuant to Section 7-1-13 of the Illinois Municipal Code (EDC 2011-36) A motion was made by Alderman Munns to authorize city staff to begin the public notice process to various property owners and government bodies pursuant to 7—1-13 of Illinois municipal code;seconded by Alderman Kot. Alderman Munns stated this was brought forward from the EDC with unanimous consent to bring it to the City Council.This is an informational issue to be discussed so that city staff can begin the process.No vote is needed.Alderman Gilson asked if it is the City's intent to forcefully annex,without the consent or agreement of the owners,these properties.City Administrator Olson stated that the agenda item is to begin the process.Alderman Gilson's personal conviction is to not support anything to do with forced annexation. Alderman Kot stated there are businesses on Route 34 that are not part of the City of Yorkville and therefore the city is not getting any taxes.The city is losing out on approximately$25,000 a year that they could use. He is surprised at the number of residences that were part of this plan.He believes this is something the city should pursue.The money would be a welcome addition.Alderman Spears would compare this to eminent domain.The City would be getting extra taxes from the businesses but originally when they bought their properties they had no desire to be annexed.She believes it is inappropriate for the City to forcefully annex the properties in question.Alderman Colosimo stated he does not have an objection to sending out the notices for it gives residents an opportunity to come in and be heard.Some residents might prefer to be annexed and receive city services.He would like to hear what the residents have to say.Alderman Munns wanted to clarify that the committee never realized how many residences were included in this situation,but the businesses that are sitting on Route 34 are taking advantage of services that Yorkville provides.Yorkville has much to gain by determining the number of residences that would be affected.City Administrator Olson stated there is not a provision in the code that would allow the city to exempt certain parcels from the entire territories wholly contained,so there is no discretion that the City has in exempting certain parcels within an entire cloud.City Attorney Orr stated the City Council discussed the idea that it has to be less than 60 acres, it has to be contiguous,and it has to be wholly bounded.Alderman Munns would like to receive input from citizens.Alderman Funkhouser is not necessarily in favor of forced annexation,but Yorkville does provide city services and there are businesses that have taken advantage of these services.He does not have a problem with starting this process.Alderman Teeling asked if the city would have to hold a public hearing for this issue.City Attorney Orr stated yes.Alderman Spears stated that it is mainly lease costs that the council is addressing at this time and the businesses on Route 34.Alderman Gilson would like some way for the City to remove the possibility of forced annexation and start the process of notices being sent out without forcing annexation.Alderman Teeling said there are many different property owners and the City would have to have consent from all of them.This is a way to provide citizens with an opportunity to express their opinions. Alderman Gilson wants to know from City Attorney Orr if there is a way to begin the process without forced annexation being on the table.City Attorney Orr stated this process is the best way to start the proceedings so that everyone jointly knows simultaneously that the city is doing this not against one property or another but as a part of planning.The public hearing and the notices will absolutely begin a talking process.After hearing what City Attorney Orr stated,Alderman Gilson said he would feel more comfortable to go ahead and make a motion.Alderman Gilson made a motion to remove the potential of forced annexation from this process and to start the process of discussion for potential annexation discussion amongst all property owners without the potential of forced annexation.City Attorney Orr stated that is not an amendment to the motion on the table.It is a whole new motion.City Administrator Olson stated the best way to accomplish what Alderman Gilson is looking for would be a no vote on the original motion.City Attorney Orr stated that is correct.If the motion fails,Alderman Gilson might want to request that his motion is on the next agenda. Alderman Milschewski and Alderman Funkhouser pointed out that we may never get to the point of voting on annexation.This is just a way to hold a public hearing so the businesses and residents can voice their feelings. Roll call on a no vote to the original make by Alderman Munns to authorize city staff to begin the public notice process to various property owners and government bodies pursuant to 7-1—13 of Illinois municipal code;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-6 Nays-2 Gilson-nay,Kot-aye,Munns-aye,Spears-nay, Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye PUBLIC SAFETY COMMITTEE REPORT Weather Warning Sirens (PS 2011-16) A motion was made by Alderman Colosimo to authorize the purchase and installation of 3 American signal T—128 AC/DC outdoor warning sirens from Fulton technologies in an amount not to exceed $52,500;seconded by Alderman Kot. The Minutes of the Regular Meeting of the Citv Council—September 13 2011—Page 5 of 8 Alderman Colosimo stated several residences have voiced concerns for they were unable to hear the tornado sirens.A survey was done of the City of Yorkville and there are three dead zones for this municipality that has weak tornado siren coverage.Those areas are Bristol Bay,Autumn Creek,and Country Hills and Raintree.The city has almost$100,000 designated in a fund that is to be used for tornado sirens.Alderman Colosimo asked the City Council to support this for it is a public safety issue. Alderman Gilson agreed that this is needs to be done.He wanted to know how the city decides where the location would be to install the sirens.Police Chief Hart stated typically the locations are on public property.It will either be at the middle school or the water tower.Alderman Milschewski asked about lightning sirens at parks.Chief Police Hart stated that there is one at City Hall and one at the Riverfront Park.The city has no funding for further lightning detectors for they are very expensive.City Administrator Olson stated that the Park Board has talked about buying mobile lightning detectors. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye,Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye,Gilson-aye ADMINISTRATION COMMITTEE REPORT Bond Refinancing—Discussion (CC 2011-104) City Administrator Olson stated the packet that is in the agenda is the final bond ordinance that will be in front of the city Council in the next two weeks on September 27 meeting.This was given to the City Council two weeks in advance so the Council could review it and if the Council had any questions for City Administrator Olson he would be happy to answer them. PARK BOARD 2011 Playful City USA Award (CC 2011-105) Director of Park and Recreation Schraw stated that Yorkville had received a Playful City USA award. Playful City USA has a website but it is used as a way to publicize our parks in Yorkville.This award is a way to show that Yorkville cares about parks and play.Yorkville is one of only three cities in Illinois and one of only 151 cities nationwide.Alderman Teeling stated that one of the parks in Yorkville had some damage and a resident called back to state the damage was taken care of immediately. 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 No report. STAFF REPORT Code Official Intern City administrator Olson stated that the city did hire a code official intem last week. Building Department Meet and Greet (CC 2011-106) Community Development Director Barksdale-Noble stated there would be a meet and greet on September 20 at 8 AM,with the new building code official,Mark Hardin.This gives him the opportunity to introduce himself to the local developers and builders to explain the new code changes.Later in the year he will be doing a seminar on certain sections of the code that may require additional insight from his perspective and getting insight from builders on the changes and how they are adapting to those changes. Playground Ribbon cutting The Minutes of the Regular Meeting of the City Council—September 13,2011—Page 6 of 8 On September 21,2011 from 4:30 PM to 6:30 PM,there is going to be a playground ribbon-cutting at Raintree Village.This is our new Castle theme park.There will be hot dogs,chips,and a drink on sale for $1.50 just to cover the cost. Open House There is a Rec Center Open House on Saturday,September 25 from 8 to 12.There is a special from Friday to Sunday where there will be no registration fee for new members. Property Code Violation Alderman Spears asked Community Development Director Barksdale-Noble if the City Council should still direct the city's property code violations to her at this time?Community Development Director Barksdale-Noble stated that would be fine and she will forward them on to Mr.Hardin. Patriot Walk Mayor Golinski stated that last Sunday was Yorkville's Patriot Walk.There was a great turnout with about 200 people.Mayor Golinski spoke at this event. Director of the Aurora Area Convention and Visitors Bureau Mayor Golinski stated he had lunch with the new Director of the Aurora Area Convention and Visitors Bureau.The director had only been on the job for 10 days when Mayor Golinski spoke to him.When the director gets his bearings he will come to the City Council meeting and present to the Council and open it up to questions.Sometime in the next few weeks he will be into the City Council meeting. 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 litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent,in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Kot; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye,Colosimo-aye,Kot-aye, Teeling-aye,Gilson-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 8:48 p.m. The City Council returned to regular session at 9:24 p.m. MAYOR'S REPORT-(cont'd): Resolution 2011-22 Approving the Intergovernmental Agreement Creating Kendall County Emergency Phone Service and Communication Board Dated November 18,2010 with Change in Amount of Contribution of Kendall County (CC 2011-107) Mayor Golinski entertained a motion to approve a resolution approving the intergovernmental agreement creating Kendall County emergency phone service and communication board dated November 18,2010 with change in amount of contribution of Kendall County and authorize the Mayor and City Clerk to execute.So moved by Alderman Spears;seconded by Alderman Munns. Alderman Colosimo made a motion to amend the resolution.He would move to amend the whereas section and the resolution section in the spirit of compromise with our friends over on Fox Street to change the 1.775 million where it appears in both places in the motion to$1,829,752.So moved by Alderman Munns;seconded by Alderman Funkhouser. City Attorney Orr stated this is on the amendment first. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye,Munns-aye,Spears-aye Roll call on the Main Amended Motion Motion approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye,Kot-aye,Munns-aye,Spears-aye, The Minutes of the Regular Meeting of the City Council—September 13 2011—Page 7 of 8 Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye Resolution 2011-23 Approving a Settlement Agreement (CC 2011-108) Mayor Golinski entertained a motion to approve a resolution approving a settlement agreement and mutual release between the United City of Yorkville and Huss and authorize the Mayor and City Clerk to execute.So moved by Alderman Kot;seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye,Teeling-aye,Gilson-aye, Kot-aye,Munns-aye,Spears-aye,Colosimo-aye ADDITIONAL BUSINESS IML Conference Alderman Teeling stated that the IML Conference is this week and asked who was attending from the City Council.She cannot attend.Mayor Golinski is attending.Alderman Munns is attending on Friday. City Attorney Orr is speaking at the conference. Annexation Alderman Spears would like the city to look into working with the county in order to put lien maintenance and property maintenance for county residents.The City of Yorkville has a 1 and 1/2 mile agreement with the County to annex property.If people are living within 1 and%z miles from city limits then maybe they should abide by Yorkville's ordinances.Alderman Spears believes in the fall Yorkville will have an issue,once again,with the county residents burning leaves.Yorkville has county residents living directly across the street from city residents and they are permitted to burn leaves.City Attorney Orr stated that the county has regulations that permit the burning of leaves.Alderman Spears stated that city residents even have zoning members come out and try to speak to county residents.Alderman Spears can see it happening again.Mayor Golinski stated the City Council can explore this issue. Developers Alderman Funkhouser stated recently the city had an issue with one of the hearing officer's fine against one of the developers.The fine was looking at$57,200 which was in lieu of the staff recommended $146,000.The developer came to the city with a proposal that asked the city to consider releasing some funds that were due to them but asked if they could be released early.This would allow the developers to maintain their property and come into compliance.The committee denied the request which now is going to add to the compounding problem.As this development continues to be noncompliance,the residents, who were clearly upset when they came into the Public Works Committee,and now they're going to be even more upset for this will be a continued problem with their maintenance.Alderman Funkhouser is not trying to be sympathetic to developers,nor does he want the city staff or Council to be apathetic to our standards.Alderman Funkhouser wants the city staff and city Council to look into the best interest of the city.He understands that the Alderman have a commitment to their constituents.This is an opportunity that the city had to possibly work out a problem.Alderman Funkhouser feels that the city may have failed a little bit on this in terms of following through on potential opportunities to take care of some residents complaints.He wanted to bring this issue up in order to get it resolved now,since the city has a development that is going to be in noncompliance next year. Alderman Gilson stated thefollowing: The problem with Mr.Funkhouser's statement is simple;we are 100%accountable for our constituents. Our constituents showed up,not only members of the community,but members of the HOA that evening, and they had a clear direction. They stated a clear direction as to how they wanted us to handle this issue. We move forward at committee level according to their direction. You can't speak out of both sides of your mouth. You either report to your constituents and you do exactly what they have asked you to do or you do not and you are sympathetic to developers and sympathetic to our ordinances and our standards. Unfortunately that is a bad precedent.It has nothing to do with being developer unfriendly.It has nothing to do with anything else other than the fact we do have standards and whether you are a developer or a resident you are to comply with those standards. When you are an elected of you are responsible for reporting to your constituents and doing what your constituents have asked you to do.He does not think there was any unclarity there as to what the direction was from our constituents.He just wanted to make sure that there were two sides of that statement on the record. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Spears. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:35 p.m. The Minutes of the Regular Meeting of the City Council—September 13,2011—Page 8 of 8 Minutes submitted by: Beth Warren, City Clerk,City of Yorkville,Illinois C/Ty0 Reviewed By: Agenda Item Number Js Legal ❑ Minutes #2 EST. Finance ❑ '-- Engineer ❑ City Administrator Tracking Number �. El ❑ ltant Consu CC 2011-118 t `BLt E ❑ Agenda Item Summary Memo Title: Minutes of the City Council—October 11, 2011 Meeting and Date: City Council 10/25/11 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 11,2011 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 Present(On phone 7:00-7:15) Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren,City Treasurer Powell,City Attorney Binninger,City Administrator Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Freeman,Community Development Director Barksdale-Noble,and Director of Park and Recreation Schraw UORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski requested that Item#I (CC 2011-110)Ken Com Agreement from the Mayor's Report be moved to the end of the meeting,after executive session.The City Council may or may not take action tonight. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Comprehensive Annual Financial Report for Fiscal Year End 2011 Mike Senko and Senior Audit Accountant Ryan Doerffler from Wolf&Company,LLP discussed the Independent Auditors Report page.The City received a clean letter and opinion,which is the highest level of opinions that can be given.The City has stayed consistent with some slight improvement. Finance Director Fredrickson had a few comments based on some of the material that was in the audit. Page 2 is Management's Discussion and Analysis perspective and gives the expansive narrative and overview analysis of financial activities for the city of fiscal year 2011. Page 17 is the general fund balance sheet. Page 19 is the rate overview of revenues,expenditures,and the transfers of the general and library fund. Page 21 shows a summary of the General Fund. Page 25 is the balance sheet of the proprietary fund which is the water sewer and recreation center fund. Page 44 is the city's long-term debts. Page 49 lists our agreements with developers for the sewer,water fund,as well as the general fund. Page 63 is the beginning of the schedules of revenues,expenditures and changes in fund balance. Page 102 describes the City's debt service and lists the debt service schedules for outstanding debt. Page 133 is the statistical section,which is new.There are five different types of stats the city does.The first focuses on financial trends,the second focuses on revenue capacity,the third is debt capacity,then there is demographic and economic information as well as operation information. Looking through various statistical sections shows information about the assessed value of property and its direct tax rates and information on debt capacity.The City is going for the distinguished Capital Award which shows that the city is a professional organization and is where it needs to be in terms of financial recording standards. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Bills for Payment-$389,014.26(CC 2011-113) 2. BKFD Intergovernmental Agreement Amendment(EDC 2011-39) The Minutes of the Regular Meeting of the City Council—October 11,2011—Page 2 of 6 a. Ordinance 2011-53 Approving an Amendment to the Intergovernmental Agreement Between The United City of Yorkville and the Bristol-Kendall Fire Protection District— authorize Mayor and City Clerk to execute b. Ordinance 2011-54 Amending the Fire Code Providing for Operational Permits and False Alarm Fees—authorize Mayor and City Clerk to execute 3. Request to Dispose of Vehicles—authorize Police Department to dispose of 13 inoperable department and seized vehicles(PS 2011-30) 4. Resolution 2011-24 Authorizing a Fireworks Display—authorize Mayor and City Clerk to execute(PS 2011-31) Mayor Golinski entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears;seconded by Alderman Kot. 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. Minutes of the City Council—September 13,2011(CC 2011-114) 2. Minutes of the City Council—September 27,2011 (CC 2011-115) 3. Minutes of the Special City Council—September 27,2011(CC 2011-116) REPORTS Mayor Golinski entertained a motion to approve the minutes of the regular City Council for September 13,2011 and September 27,2011 and the special City Council for September 27,2011 as presented. So moved by Alderman Spears;seconded by Alderman Funkhouser. The following corrections are for September 13,2011:Alderman Spears stated Mike Rennels was misspelled.Alderman Gilson stated on Page 3,2nd sentence from bottom the word should be annex.He wanted the clerk to state him exactly on page 7,additional business.Alderman Milschewski page 1, presentations,4d'sentence from the bottom should be streaming.Page 2 under Intergovernmental Agreement,3'd paragraph,Alderman Gilson posed several questions but no answers were given.Page 4, 1"paragraph,l Os'from the bottom should state contiguous.Page 4,last paragraph,weak is spelled incorrectly.Page 3,2nd paragraph there was confusion with that motion for the Intergovernmental Agreement was supposed to be withdrawn.The clerk will review the tap. Alderman Gilson noted the following corrections to the September 27,2011 minutes on page 3 under Additional Business—Reconsideration of Annexation of Certain Properties(EDC 2011-36): In paragraph 3,the sentence that reads"Alderman Gilson said that at the last meeting he had asked if the city could just start by talking to the property owners"should be revised to read"Alderman Gilson said that at the last meeting he had asked if it was the city's intent to force annex these properties and he said that he has still not received a straight answer. Alderman Gilson had also asked if the city could just start by talking to the property owners without moving forward with a formal process that could lead to forced annexation.". In paragraph 3,he also asked that the following be added:"Alderman Gilson asked City Administrator Olson how he figured that this process is less expensive than picking up the phone and asking if the property owners are interested in annexing individually. Administrator Olson stated that he figured in staff time and costs". City Attorney Binninger stated since changes to the September 13,2011 were substantial,the minutes need to be placed on the next City Council agenda.City Attorney Binninger stated if the Alderman who made the motion would agree to amend the motion to delete the September 13,2011 minutes,then a vote on September 27,2011 regular and special meetings could be voted on.Alderman Spears and Alderman Funkhouser agreed to amend the motion so the vote is now for the approval of the September 27,2011 city council meeting and special meeting as amended. Amendment approved unanimously by a viva voce vote. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Ordinance 2011-55 Prohibiting the Sale,Possession,or Use of Synthetic Cannabis and other Synthetic Alternative Drugs The Minutes of the Regular Meeting of the City Council—October 11 2011—Page 3 of 6 (PS 2011-29) A motion was made by Alderman Colosimo to approve an ordinance prohibiting the sale,possession,or use of synthetic cannabis and other synthetic alternative drugs and authorize the Mayor and City Clerk to execute;seconded by Alderman Kot. Police Chief Hart stated this is an ordinance that the department has been working on for a while with several other jurisdictions.This ordinance has been shared with our drug task force in the area.Synthetic Cannabis and synthetic alternative drugs are becoming a big problem.The main problem with synthetic drugs is that they are not marketed for human consumption and are completely unregulated.One of the biggest issues is that kids are overdosing on it and emergency rooms have no idea how to treat them.As quickly as these chemicals are being made illegal,another alternative will be found.The City hopes that the ordinance is going to address most of these issues. Alderman Kot stated it is extremely important that the City Council passes this as well as every other town and county pass.It is important that schools recognize this issue and hopefully come up with some type of education program for the students and parents.It is too late when the tragedy hits. Police Chief Hart stated what scares him the most is the director of the local drug task force,who has had several informants,said it would be better for the kids to seek out more natural legal drugs.Those would be safer than the ones the kids are buying. Alderman Colosimo stated that as a municipality the City has the ability to stay ahead of the curve better than the state does.Kids come up with a chemical combination that produces some sort of high and as soon as it is illegal they change the chemical compounds and components to make it legal.It is a game of catch-up at this point.By regulating it through the city,if the City Council finds out there is a new chemical component out there the City Council can easily amend our ordinance and add that new chemical with a two-week turnaround time.He is not one for intruding into people's private lives but when it has had the effects that it has had then he firmly believes the City Council should pass this. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye,Gilson-aye ADMINISTRATION COMMITTEE REPORT Ordinance Authorizing and Providing for the Issue of$11,140,000 General Obligation Refunding Bonds(Alternate Revenue Source),Series 2011 (CC 2011-104) A motion was made by Alderman Spears to approve an ordinance authorizing and providing for the issue of$11,140,000 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 2005 D andgeneral obligation refunding bonds(alternate revenue source),series 2008 prescribing 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 Milschewski. Mayor Golinski stated that City Administrator Olson would explain why this will be tabled tonight. City Administrator Olson stated the City received an e-mail from our financial advisor and does have one specific buyer to negotiate the sale.They came to the City and said what if the City is underestimating the amount of sales tax revenue that it is getting and there is basically no or very limited prepayment clause in the existing bond.They asked if the City wants some language in there and the city asked what is it going to cost us.They replied nothing.They directed the language that said within$500,000 or$2 million per year the city does have the ability to prepay it each year for the first few years.Through conversation,the City found out that the bond buyer still has some minor changes to the agreement.Rather than get it approved tonight,the City would bring it back to the Council in two weeks clean and it would not affect the cost,and interest rate and it shouldn't impact the budget at all as far as debt service schedules.That is the reason for the delay. Alderman Colosimo tabled the above motion made by Alderman Spears to the October 25,2011 City Council meeting;seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye,Gilson-aye,Kot-aye, PARK BOARD No report. PLAN COMMISSION No report. The Minutes of the Regular Meeting of the City Council—October 11,2011—Page 4 of 6 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 Library Funds Alderman Colosimo stated two weeks ago,the Library Board had an ordinance to transfer funds to the Library Board contingent on them having a resolution.The resolution was approved by a 5 to 2 vote.The transfer is in the works to transfer those funds to the Library.The Library Board is very appreciative of the efforts of everyone in the City Council and City Administrator Olson that put this together. STAFF REPORT No report. ADDITIONAL BUSINESS Resident Complaint Alderman Gilson wanted to give an update for he promised a resident he would voice their complaint about a weed ordinance violation.The violation is on commercial property that is directly in front of and backed up to five houses on Briarwood.The resident notified the city of the violation on September 6, 2011 and the ticket was not issued until October 7,2011.The resident feels that by having this department headed up by someone who was also connected to economic development is a conflict of interest and wonders why he had to call several times and get an alderman involved in order for the City to do their job and issue a ticket in a timely manner. Community Development Director Barksdale-Noble stated she spoke to the gentleman on several occasions.The next day after the complaint was issued;the City did go out to the site and posted the site. The city had trouble contacting the owner to get any conversation with him.The area in question is a berm and was very overgrown.She has never heard any complaints prior to this gentleman calling.The City is not able to go in and mow.Usually that's what the city does.The new building code official is now officially handling that.Admittedly there may have been some lag but after it was brought to the City's attention that there was a ticket issue,the city went out immediately and posted it. Alderman Gilson stated he could not answer the resident as to why it took so long to issue the ticket and said City Administrator Olson had no idea the ticket had been issued and was issued the day that. Alderman Gilson called the City to get a response on it. Community Development Director Barksdale-Noble stated she had no idea that the ticket was issued.She knows that it was posted and the idea was for it to either be brought into compliance in five days or issued a ticket.The City has a new intern working and a new building code official,so please forgive a lag.It hasn't happened before,but this is just one of those incidences where it occurred. Alderman Gilson stated he believes Community Development Director Barksdale-Noble is doing a great job.He wanted to know what the City's general standard of procedure is when there is a clear violation and a clear notice posted.He was sure that the City's ordinances were clear that a ticket should be issued immediately and either sent via mail or given to the property owner. City Administrator Olson stated that the simple issue is that it fell through the cracks.He thanks the Alderman for reporting the complaint.The response would've been the same if the resident called the City again and brought it to his or Community Development Director Barksdale-Noble's attention.In concept, the City always writes the ticket if they don't post.If the City has the phone number,and there is time,a phone call will be made to the owner. Alderman Spears wanted to add that her residents have been very pleased with the job that Community Development Director Barksdale-Noble has been doing.She has received many a thank you from her residents and believes Community Development Director Barksdale-Noble has been doing a great job. City Council Picture Mayor Golinski stated the City Council will be taking a group picture the first Tuesday of November. The Minutes of the Regular Meeting of the City Council—October 11 2011—Page 5 of 6 EXECUTIVE SESSION Mayor Golinski entertained a motion to adjourn into Executive Session for: 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 litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Colosimo;seconded by Alderman Kot. 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 7:52 p.m. The City Council returned to regular session at 8:41 p.m. Motion back into regular session approved by a roll call vote.Ayes-7 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye,Spears-aye MAYOR'S REPORT Resolution 2011-25 Ken Com Agreement (CC 2011-110) Mayor Golinski entertained a motion to approve a resolution approving an intergovernmental agreement creating Kendall County Emergency phone service and Communication Board dated November 18,2010, with change in amount to contribution of Kendall County and authorize the Mayor and City Clerk to execute.So moved by Alderman Funkhouser;seconded by Alderman Kot. Alderman Spears stated the residents of Yorkville,Plano,and Oswego should be appalled.The County is already taxing the City of Yorkville and Yorkville has a public safety tax that should be covering Ken Com,their personnel,and operations.The County board has elected to double tax our residents.County residents are not going to be double taxed,just Yorkville residents.Hopefully in the future the City can do something to change this however at this time there are no options.Either the City will cover the 911 emergency services or the City will be thrown into our police department for emergency services. Yorkville does not have the correct facilities and no manpower to handle that.Alderman Spears is going to vote in favor,reluctantly,to pass this and keep our residents and emergency personnel safe. Alderman Gilson asked if the city has looked into joining the Montgomery or Sugar Grove intergovernmental agreement before the City settles.City Administrator Olson stated yes,but nothing to the point of sitting down and negotiating a deal.Alderman Gilson's asked if estimates were done to see what the start up cost would be. Police Chief Hart spoke to Montgomery and it would be over$200,000 a year.That price was based on a very rough estimate.That did not include entrance fees or upgrades.To start our own City's dispatch center would cost over$2 million a year.Alderman Teeling asked how Montgomery has afforded to do this.Montgomery has always done this on their own from the start so they have had the equipment and personnel over all these years.Mayor Golinski stated if the City were ever interested in starting our own 911 dispatch center it would have to give notice now,for in the agreement with Ken Com,the City has to give four years notice.Ken Com can kick us out with zero notice any time. Alderman Gilson stated that this is a bad situation for Yorkville and its citizens.The city is put between a rock and a hard place.He does not believe we have much of a choice other than to vote for this.He can see this issue coming right back to the table and the city being in the same exact position that we're in now years down the line.He will vote for this but the citizens of Yorkville should be outraged. Alderman Colosimo stated he agrees with Alderman Spears and Alderman Gilson.He will be voting for this for 911 services for it cannot be disconnected for our residents who need that vital service but he has many objections to this agreement.This agreement has been entered into years ago.There are several things to consider.Residents of Kendall County unincorporated should be very happy with this agreement because the burden will be carried by the residents of Plano,Yorkville,and Oswego.There is something that can be done in the future however it does take time.He has always advocated that municipal and local elections are very important and some of the lowest voter turnouts happen during those elections.He The Minutes of the Regular Meeting of the City Council—October 11,2011—Page 6 of 6 would like to remind the residents that the County Board is up for reelection.It is very clear who supported the residents of our municipalities and who supported double taxing the residents of our municipalities.He would encourage everybody to do their due diligence and pay attention when voting. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye,Kot-aye,Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Gilson-aye,Kot-aye Meeting adjourned at 8:49 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville,Illinois Reviewed By: Agenda Item Number Legal ❑ Minutes #3 EST. ` 1836 Finance ❑ sneer En ❑ g Tracking Number City Administrator ❑ 0 �® Consultant ❑ C K.M'Cwnry BO ❑ C 2011-119 L E Agenda Item Summary Memo Title: Minutes of the Special City Council—October 11, 2011 Meeting and Date: City Council 10/25/11 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 SPECIAL CITY COUNCIL MEETING MINUTES OF THE JOINT MEETING OF THE CITY COUNCIL AND THE PARK BOARD, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,OCTOBER 11,2011 Mayor Golinski called the meeting to order at 8:48 p.m. ROLL CALL City Council present: Park Board members present: Mayor Golinski Ken Koch Alderman Gilson Debbie Horaz Alderman Colosimo Seaver Tarulis Alderman Milschewski Amy Cesich Alderman Kot Mark Dilday Alderman Funkhouser Alderman Spears Alderman Teeling Also present: City Clerk Warren,City Attorney Binninger,City Administrator Olson,Interim Director of Parks and Recreation Schraw,Superintendent of Parks Sleezer,and Superintendent of Recreation Evans. QUORUM A quorum was established. CITIZEN COMMENTS None. EXECUTIVE SESSION Mayor Golinski entertained a motion to adjourn into Executive Session for the purchase or lease of real property for use of the public body. So moved by Alderman Funkhouser;seconded by Alderman Milschewski. Motion approved by a roll call vote. City Council Ayes-7 Nays-0 Spears-aye,Milschewski-aye,Colosimo-aye,Kot-aye, Teeling-aye,Gilson-aye,Funkhouser-aye Park Board Ayes-5 Nays-0 Koch-aye,Horaz-aye,Tarulis-aye,Cesich-aye,Dilday-aye The City Council and Park Board entered executive session at 8:57 p.m. The City Council and Park Board returned to regular session at 9:33 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:34 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville,Illinois D Cot. Reviewed By: J� _s 0 Legal ❑ Agenda Item Number Finance El PW#1 EST. �` �-_ 1836 Engineer ❑ -4 City Administrator ■ 0 Human Resources ❑ Tracking Number Cowtly Sea• Community Development y Police ❑ CC 2011-120 d�kE � Public Works ❑ Agenda Item Summary Memo Title: Route 71 Letter of Understanding Meeting and Date: City Council—October 25, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: July 2011 Action Taken: Motion failed to approve Item Number: Type of Vote Required: Majority Council Action Requested: Approval of a letter of understanding Submitted by: Bart Olson Administration Name Department Agenda Item Notes: D CI p p 0 Memorandum To: City Council EST. � ,_ 1836 From: Bart Olson, City Administrator -� ; . ; CC: "� p Date: October 18, 2011 ' �, a Kenrxrcwrry 1� y� L E Subject: Route 71 Letter of Understanding C �`' Backl4round This item was last discussed at the July 12th City Council meeting. At that meeting, a motion to approve a letter of understanding with IDOT failed by a 2-6 vote, meaning no letter of understanding was ever authorized by City Council. Intent of the discussion Much of the discussion on that night was focused on multi-use paths. I believe the intent of the vote was to strike the commitment for the multi-use paths and leave the commitments for sidewalks, roadway lighting and pre-emption devices. If that was the intent, the City Council must vote to approve a letter of understanding with the trails to be removed. Additional information on the project There are a couple of items of interest with the paths. First, for this project, IDOT agreed to an 8' path at the City's request. While this is typically against their engineering policies, the City requested this item early enough in the planning process that IDOT was able to weigh the request and agree to accommodate the City. Normally, multi-use paths are built in 10' cross sections. Second, the section of multi-use path contemplated by the City is between two regional, connecting trail sections that will be built by the County in the future. Removal of the multi-use paths would create a gap in the regional trail system. Other information was provided from staff members at IDOT, and is listed below. Where appropriate, I have included additional information from City staff on IDOT's narrative. 1) The portion of the IL 71 add-lanes project from west of IL 47 to east of IL 126 is tentatively scheduled for construction and land acquisition in the FY 2012-2017 Proposed Highway Improvement Program. Since this project is part of the Governor's Illinois Jobs Now Program there is a high probability that funding will be moved into the annual program as soon as preliminary engineering and land acquisition is completed. 2) March 9, 2011 Meeting. The concept to provide pedestrian &bicycle accommodations from IL 47 to Orchard Road was discussed/coordinated with local agencies at Yorkville on March 9, 2011 during a meeting between IDOT, Yorkville, Oswego, Kendall County, Oswegoland Park District, and Kendall County Forest Preserve representatives. The group discussed the appropriate pedestrian and bicycle accommodation terminus for the first IL 71 construction section to be from IL 47 northeastward along IL 71 to the forest preserve in order to link into the existing trail network with Yorkville being responsible for the areas within their corporate limits. a. [City staff response] Direction given in these planning meetings are based upon existing City plans for locations of multi-use paths and sidewalks, as illustrated in the Integrated Transportation Plan. 3) Please note that Yorkville's request only shows constructing shared-use path on one side of IL 71 with this improvement, and no sidewalk for a majority of the project. Therefore, deleting all shared-use path would leave Yorkville with no pedestrian accommodations in some areas. 4) Additionally, consider how deletions would impact connecting IL 71 with accommodations which are scheduled for construction during the IL 47 improvement, connecting to existing side street sidewalks, and future developments along IL 126. 5) As was discussed with the IL 47 project through Yorkville, the costs differential between the trail and sidewalk is minimal. 6) The Department has previously stated that it is willing to acquire at state expense additional rights of way and easements necessary for the construction of sidewalks and/or shared-use paths if the city is willing to participate in their construction costs and to maintain them. 7) If Yorkville does not agree to pay for the 20% local share of construction cost for sidewalks and/or shared-use path and to maintain them, then these items will be deleted from the project scope, and the proposed right of way and easements will be revised accordingly. Illinois Department of Transportation Division of Highways/ Region 2/District 3 700 East Norris Drive/Ottawa, Illinois/61350-0697 Telephone 815/434-6131 October 4, 2011 The Honorable Gary Golinski Mayor of Yorkville 800 Game Farm Road Yorkville, 1L 60560 Yorkville Response to Letter of Understanding IL 71 (From IL 47 to IL 126) FAP 311 (IL 71) Section (1,1-1)R Kendall County File No. 1584-111, Contract No. 66883, Job No. P-93-016-04 Dear Mayor Golinski: The purpose of this letter is to notify you that we have not received a response to our May 17, 2011 letter of understanding regarding local agency cost participation for the above referenced project. See the attached copy. The IL 47 to IL 126 portion of this project is within Yorkville's corporate limits and is funded for construction and land acquisition in the FY 2012-2017 Proposed Highway Improvement Program, subject to project readiness and funding availability. In order to complete Phase I preliminary engineering and to proceed with design and land acquisition, it is essential to resolve optional design elements which will require additional rights of way and easements, such as sidewalks and shared-use paths, and to identify items which will require design engineering, such as lighting and signal pre-emption devices. If the City of Yorkville is unable to sign and provide the Department a copy of the letter of understanding by October 24, 2011, we will proceed with preliminary engineering and the public hearing by deleting Yorkville's optional items (sidewalk, shared-use path, combined road lighting, and pre-emption devices) from the project scope. Any future local agency requests for changes or additions to optional design features for this project will be considered for inclusion by the Department subject to the impacts of those features to potential project delays, increased public impacts, and/or increased engineering costs. If you have any questions or need further information, please contact Mr. Dave Broviak, Studies and Plans Engineer, at (815)434-8423. Sincerely, Eric S. Therkildsen, P.E. Acting Deputy Director of Highways, Region Two Engineer By: Dan Mestelle, P.E. District Program Development Engineer FILE COPY Illinois Department of Transportation Division of Highways! Region 2/District 3 700 East Norris Drive/Ottawa, Illinois/61350-1628 Telephone 815/434-6131 May 17, 2011 The Honorable Gary Golinski Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 Letter of Understanding FAP 311 (IL 71) Section (1,1-1)R Kendall County IL 71 (from IL 47 to IL 126) Local Agency Cost Sharing Dear Mayor Golinski: This letter of understanding is the result of open communication between the city of Yorkville, the Illinois Department of Transportation and various stakeholders as part of the Department's Context Sensitive Solution process concerning IDOT's proposed widening of Illinois Route 71 from IL 47 and extending 5.4 miles to the west side of Orchard Road, in Oswego. IDOT and Yorkville city staff have met on various occasions to discuss the scope of work and the share of cost which will be required from the city of Yorkville. The purpose of this letter is to provide a clear understanding of the cost items and estimated cost the city is to incur. The City's signature of this letter represents Yorkville's commitment to the project. Such a commitment is required so these listed items can be designed into the project. The list below describes some preliminary pay items which require City participation. The city and state will enter into a formal agreement in the year construction begins which will detail the city's share of cost. The total project cost is estimated at $38.2 million. The southwest section of the project (IL 47 to IL 126) is funded at $11.858 million in the Fiscal Year 2012-2017 Proposed Highway Improvement Program. The remaining portion of the project will be monitored and considered for inclusion in future programs. The Department has calculated the following preliminary local participation costs for the city of Yorkville: 1. Sidewalk— 20% local cost $10,000 2. Shared-Use Path (8' wide bituminous) —20% local cost $42,000 3. Combined Road Lighting at IL 47 and IL 126— 100% local cost $24,000 4. Pre-emption devices at IL 47 and IL 126— 100% local cost $20,000 5. Engineering — 15% $14,400 Total estimated cost share for the City of Yorkville $110,400 A 10' wide path was offered per Department policy, but Yorkville requested an 8' wide paved path. The Honorable Gary Golinski Page 2 May 17, 2011 Should the City decide in the future to eliminate the work listed above, they may still be responsible for the actual cost of preliminary engineering up to $14,400. Final costs will be based on actual bid prices after the project has been let for construction. Other items, such as utility relocations or sewer casings would also be 100% local agency cost. The Yorkville portion of the project is tentatively scheduled for construction in the Department's FY 2012-2017 Proposed Highway Improvement Program, subject to project readiness and funding availability. You will note two copies of this letter of understanding are enclosed for your review. If you agree with this proposal, please affix your original signature in the space provided on both copies, retain one for your files and return the second copy to this office. If you have any questions or need further information, please contact Mr. Duane Lukkari, Studies and Plans Unit Chief at (815) 434-8565. Sincerely, Eric S. Therkildsen, P.E. Acting Deputy Director of Highways, Region Two Engineer By: Dan Mestelle, P.E. District Program Development Engineer DL:lw/dl 5-17-11 Letter of Understanding Yorkville cc: Lou Paukovitz Joe Wywrot, City of Yorkville Engineer Francis Klaas, Kendall County Engineer APPROVED: Gary Golinski Date Yorkville Mayor jrpwwrnuw 4� � 1 i t � ID LEA/END / • ~• *rt r.4...w��.warrw.....r s.r....• I * i i rw„nr r a®rte`■ - S : i . + ' ,,.EUrrrc. •"�.�.0000r� / �w '?i��r /'. _�-'�• ,�..-� .-�;,.wTr�swrfar�.;.�♦ OiM� s ru►.wa.wtuT r.r � `r'L u . �. «. nur.rarrww _a •sc= -: JU 6 y y �r F, r �irt,le . 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G T,1m"a a{I'IittriLlMrr 61 IKU A +q^ `�(Ptrar'oo[t�-. � '• �` .v c �'�.. : : 'I L ,<IwlYrli t�Illli atmal irFirrbrWMM[Mr K-Mi�7i. .r■�t r +i'.-•` f '( �"{ � e �.,.\ .••�� ,C�I=�•• r 1, rMr,\a M I i.wMta,T1 bll"" 'O �� ♦.. _ d } tl••.• -• ]� el. aMrl,,lr,/Yrfr t14TIY4 { rofw,l WAZ"iJDQI. t1 r r ��. tin,.Mr.c..aa:.r+++.sr r.wx araar-� � '�;t_ �•f• I r a is Low - ; t- _��,` u � .w•. • d ��; � �pC��a :t"�`}b c �'`'o'�G l � � ¢�� t`jp.._ callw >til L r� st r 1{I 4 k�1§. nano Ga°° Ed•�� • r •E7°'F�' J, .� .." r it it Q �! PMy. u � ■. y -1 ,. � "N'�"•,y'�°�"'s �."sxR _ re V R " wt rte^ sue. 1�•.r1, f.. F' fr •-°�0. t::zl � w���1J�;•, ;; JM *m t i`• LEGEND j ►o ':• r i mac= YORKVILLE STUDY AREA EXISTING SCHOOL LOCATIONS PARK ID -Y-.---.• �-•- " �. • BRIDGE/UNDERPASS/OVERPASS V gam", r - I• - �� .. TRAILS 1 F. i '�° 1 .t €-,='. .. m•f ryesf� Irei "!"r°;�e,sex 4 ' .. i ¢`° c •o° °�o •° , ,® -° CITY OWNED/MAINTAINED ASPHAL 0 IIi' .� �'*. ,. _ ; afgM _ �.r_�_. FOREST PRESERVE I T °t ao -. -' a y'• r! L .- ----- COUNTY TRAIL :it - ZY •• - cm IN DEVELOPER PUD AGREEMENT "i_,'ER°r�o _. o:•yrt r.1+�fa+wofr .. =' M` $ate+.d jV.�._.. •..a. PRIVATE/PUBLIC TRAIL(HoA) i ` R .., .. ?.. - '-•006°.. d-" o°w. ,m.� �` �� PRIVATE/PUBLIC TRAIL("-w,wtrr '41 mar �,pf0 W'> 7�f!r'�cr pa �`•.e�ru r' . �J� ._.. r: � PROPOSED CONCEPTUAL l TRAILS OUTSIDE OF YORKVILLE FUTURE PRAIRIE PARKWAY TRAIL im LOCAL PARKS/FOREST PRESERVES I ARKS yam*-•i,': I I •,1 rN� •- pBpa",o -• � ... � � �ma.dr�.w _ P ......i,. I t y PROPOSED CITY PARKS In .'�•_•_•__:' , I �..__... ..., _' II ' ®rQfct.. �.I� G ` STATE PARKS y { 1j til �� dR3 FOREST PRESERVE GREENWAYS �' I � y 7• v_.cnr."ss es�ae.��s.'s`talrx6.a�. .. _ p — cU .._ .. � II ®p{p TwEOr° 9y�ey{ *L,r Gfica rl 1 _:. � ..I,-•—,. L � C Z 3 C L --n a N1 •� t � •� ..• ��`.��•a o,T�;o ii ' - r• A, - • ' ^ YYSi , ,, - , F, NORTH SEC r The Minutes of the Regular Meeting of the City Council—July 12 2011—Page 6 of 9 remove all the amenities.Alderman Teeling would love to see all the amenities stay in,but she realizes that is not an option.She would like at least the coloring to stand as an option.Mayor Golinski asked if it is correct that the city should get rid of everything except for the coloring.Alderman Munns asked how many City Council members wanted coloring.Four answered yes.Alderman Milschewski asked if the city is specifying the coloring just for the crosswalks or all of it.City Attorney Orr stated just for number two,the$19,000 there were four.Mayor Golinski said to keep the coloring for$19,000.He asked City Administrator Olson if he had clear direction,and City Administrator Olson stated fencing out,handrail out,stamping out,and coloring in.He will send in that letter to IDOT tomorrow. Heartland Circle—Rescind Warranty Bond Call (CC 2011-81) Mayor Golinski entertained a motion to rescind the previously approved call of a developer's bond B98804-010285.So moved by Alderman Funkhouser;seconded by Alderman Spears. Community Development Director Barksdale-Noble stated the City Council authorized city staff to call a bond from the developer.It was about$4,000 dollars that was an outstanding punch list item from the Heartland Circle Subdivision.At that time there were four trees that had died and needed to be taken away.Since that time the staff has reviewed the punch list and the annexation agreement.There are clauses in the agreement that state it has to respond within 30 calendar days as a request for improvements to be completed and sent into the city.That was not met,so she is asking approval from the City Council to rescind the previously granted warranty bond call for Heartland Circle and authorized the city staff to execute and send the attached letter to the bond issuer.Alderman Gilson wanted to know if Community Development Director Barksdale-Noble had already submitted the letter dated July 13,2011.Community Development Director Barksdale-Noble had not submitted it.She is showing the letter to the City Council,so they can see the language in the letter.Alderman Gilson stated that on May 6,2010,there was a letter from the former City Engineer Wywrot in response to the request to the developer.Alderman Gilson wanted to know if there was any response from that letter.Community Development Director Barksdale-Noble stated she was not involved but the developer is here tonight.The developer,Gary Neyer,stated they completed this on May 6'h.Alderman Gilson questioned whether there was a response to the May 6,2010 letter.Mr.Neyer stated no.Alderman Gilson stated he read a memo about the city's crosswalks,intersections,and replacement of trees.Fourteen trees were listed.The developer,Gary Neyer,stated that is correct. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye,Munns-aye,Spears-aye PUBLIC WORKS COMMITTEE REPORT Route 71 (Route 47 to Orchard Road)—IDOT Letter of Understanding (PW 2011-40) Alderman Gilson made a motion to approve the letter of understanding between IDOT and the United City of Yorkville regarding the proposed Route 71 Project and authorized the Mayor to execute. So moved by Alderman Spears;seconded by Aldermen Munns. Alderman Gilson asked if the city budget covered sidewalks between Walsh Drive to Walgreens.If so, Alderman Gilson wanted to know when the funding will be available.City Administrator Olson stated the city has not yet budgeted for these.The project should be built within the next 5 to 10 years.The city has not budgeted for phase 2 for engineering or phase 3 which is construction.It is 5 to 10 years out from having to be budgeted.Alderman Gilson asked about the shared use paths and wanted to know if the city has budgeted for these trails.City Administrator Olson stated the same answer that was given for the sidewalks because it is that far off.For now,the city has a three year budget.Alderman Gilson asked if the city had gotten a commitment from the county and other entities regarding their payments for their parts of those sections.City Administrator Olson stated no.He just received their letter of understanding. Alderman Gilson mentioned the lighting and stated he assumes it is all the same cost.The city has a budget that is 5 to 10 years out,and he mentioned it is that way for engineering and all across the board. City Administrator Olson stated that is correct. Alderman Gilson said on page 2 of the memo of the Illinois Department of Transportation it states that if the city should decide in the future to eliminate work listed above,they may be responsible for the actual cost of preliminary engineering.City Administrator Olson stated correct.His understanding was as long as the city removes the trails prior to the beginning of phase 2 design engineering it shouldn't be a problem.He has a verbal commitment from IDOT,but not in writing.Alderman Gilson stated that the Yorkville portion of this project is tentatively scheduled for construction in the fiscal years 2012 to 2017. Is IDOT going to guarantee Yorkville that they are going to have the funding available for this project, and if they don't,can the city charge IDOT back?He doesn't understand why IDOT expects Yorkville to project out to 2017,but if IDOT cannot come up with the funding that is okay.Alderman Spears said that The Minutes of the Regular Meeting of the City Council—July 12 2011—Page 7 of 9 on page 2 of IDOT's letter to the city it stated other items such as utility,relocations,and sewer casings would also be 100%of the local agency costs.She has a concern projecting out that far.She believes the city is going to put ourselves in a position it is in with other items right now.There is no way to know what type of economy the city will have in 2017. Alderman Colosimo agrees with Alderman Spears and Alderman Gilson.He can't promise that the city will be able to budget for these items in 2017.The first step would be to look at a bigger budget plan so the city can see what their projections are and where the city can allocate resources in the future.If this is a priority for the City to allocate the resources then send the letter off stating that the City Council agreed to commit these resources in the future.Alderman Gilson stated even if the city projects for these items in 2017 the money may not come in to support the projects based on the City's projection Alderman Gilson believes the City Council cannot cave in to this item by sending a letter of understanding to IDOT saying the money will be there.Alderman Colosimo stated the widening of a state road is a 5 to 10 year project. A City will always be in the predicament of having to budget 5 to 10 years ahead.If a budget could be worked out,the City Council would still not be 100%sure if the money would be available but would have a better idea.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 widened.The City Council must be conservative in approaching the budget. Alderman Funkhouser stated that the widening of Route 71 is worthwhile,however questions whether the city can afford its portion in the future.The removal of the provision that the city is responsible for changes initiated by IDOT would make the project more desirable.Another negative to the project is the cost associated with changes initiated by the city. Motion failed by a roll call vote. Ayes-2 Nays-6 Teeling-aye,Gilson-nay,Kot-aye,Munns-nay, Spears-nay,Colosimo-nay,Funkhouser-nay,Milschewski-nay Progressive Energy Natural Gas Proposal (PW 2011-44) Alderman Gilson made a motion to move gas accounts from Nicor to Santanna for a contract term of 12 months.Seconded by Alderman Colosimo. Alderman Munns confirmed with City Administrator Olson that in a previous discussion he felt that switching to Santanna would not provide substantial savings.Alderman Munns questioned from where Santanna's portion comes.He wants to know who is responsible for the purchase of the gas and who is responsible for the maintenance of the lines.City Administrator Olson stated Santanna is paid a percentage from Nicor and that Nicor would be responsible for maintaining pipelines. Santanna would be responsible only for the production of gas.Alderman Gilson questioned if the removal of the 10 accounts from Nicor would increase the overall cost to the City.City Administrator Olson stated he does not believe the price is volume based but simply a flat rate for the Cash for Terms Program.Alderman Gilson suggests the city verify the cost associated with these changes.Alderman Colosimo questioned whether the rebate associated with gas purchase is based on usage,and if so,how would it affect the city.City Administrator Olson stated that the rebate is based on population,not based on usage. Alderman Colosimo moved to table this issue back to Public Works so the city can get an answer on how it will affect the rate if we reduce our consumption.Seconded by Alderman Gilson. Motion to table approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Gilson-aye,Kot-aye,Munns-aye,Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Raintree Village Park B—Change Order#1 (CC 2011-82) Reviewed By: Agenda Item Number 2 t O J 0 Legal ❑ ADM#1 Esr 1 1836 Finance ■ Engineer ❑ Tracking Number X09 y City Administrator ■ =0 Consultant ❑ CC 2011-104 kE Agenda Item Summary Memo Title: Bond Refinancing Ordinance Meeting and Date: City Council 10/25/11 Synopsis: Council Action Previously Taken: Date of Action: CC 10/11/11 Action Taken: Discussion Item Number: CC 2011-104 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: C/yy � �.0 Memorandum EST , To: Mayor& City Council leas From: Rob Fredrickson, Finance Director 4 ` p Date: October 21, 2011 rs p Subject: Bond Issuance Ordinance <CE Tonight you are being asked to approve an ordinance authorizing the issuance of the 2011 General Obligation Refunding Bonds, which is the final step of 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) and 2008 Refunding Bonds. The bonds will mature on December 30, 2025 and have a stated interest rate of 4.28%. Regarding the City's recent debt downgrade by Standard & Poor's,the only real impact associated with the downgrade is the requirement for bond insurance, which will add approximately$145,500 to the issuance cost. However, it is the recommendation of staff that the City proceed with the bond refunding, as interest rates remain historically low. In addition, the refunding will allow the City to ease cash flow constraints allowing for the systematic reduction of debt service being included on the property tax rolls. MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Council Chambers of the City Building, located at 800 Game Farm Road, in said City at 7:00 o'clock P.M., on the day of October, 2011. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon roll call, the following answered present: Gary J. Golinski, the Mayor, and the following Aldermen at said location answered present: The following were absent: The Mayor announced that in order to finance the necessary improvements to the waterworks and sewerage system of the City, it would be necessary for the City to issue alternate bonds and that the City Council would consider the adoption of an ordinance authorizing the issuance of such bonds. The Mayor announced that the City Council would next consider the adoption of an ordinance entitled: 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 and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008, prescribing all the details of said bonds, and providing for the collection and segregation of revenues sufficient to pay such bonds. CH12_2665111.7 Alderman moved that the ordinance as presented and read by title by the Clerk be adopted. Alderman seconded the motion. A City Council discussion of the matter followed. gave a public recital of the nature of the matter, which included statements (1) that the ordinance provides for the issuance of alternate bonds for the purpose of paying the costs of refunding all of the City's General Obligation Bonds (Alternate Revenue Source), Series 2005D and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008, (2) that the bonds are issuable without referendum pursuant to the Local Government Debt Reform Act, as amended, (3) that the ordinance provides for the bonds to be paid by certain sales taxes and other available revenues, but there is also a back-up levy of property taxes to pay the bonds, and (4) that the ordinance provides many details for the bonds, including tax-exempt status covenants, provision for terms and form of the bonds, and appropriations. After the full and complete discussion thereof, the Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance as read by title. Upon the roll being called, the following Aldermen voted AYE: NAY: ABSENT: ABSTAIN: 2 CH12_2665111.7 Whereupon the Mayor declared the motion carried and the ordinance adopted, and henceforth did sign the same in open meeting and did direct the City Clerk to record the same in full in the records of the City Council of the City. Other business not pertinent to the adoption of said ordinance was duly transacted at said meeting. Upon motion duly made and seconded, the meeting was adjourned. City Clerk 3 CH12_2665111.7 ORDINANCE NUMBER 2011- 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 and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008, prescribing all the details of said bonds, and providing for the collection and segregation of revenues sufficient to pay such bonds. Adopted by the City Council of said City on the day of October, 2011. CH12_2665111.7 TABLE OF CONTENTS SECTION HEADING PAGE Preambles........................................................................................................................................ 1 Section1. Definitions................................................................................................... 5 Section 2. Incorporation of Preambles......................................................................... 8 Section 3. Determination to Issue Bonds..................................................................... 8 Section 4. Determination of Useful Life...................................................................... 8 Section5. Bond Details................................................................................................ 8 Section 6. Registration of Bonds; Persons Treated as Owners.................................. 10 Section7. Redemption............................................................................................... 12 Section 8. Redemption Procedure.............................................................................. 13 Section9. Form of Bond............................................................................................ 16 Section 10. Treatment of Bond as Debt.......................................................................29 Section 11. Creation of Sales Tax Revenue Fund........................................................29 Section12. Flow of Funds. ..........................................................................................29 Section 13. Account Excesses......................................................................................31 Section14. Sale of Bond.............................................................................................. 31 Section 15. Pledged Taxes; Tax Levy.......................................................................... 31 Section 16. Filing with County Clerk. ......................................................................... 33 Section 17. Abatement of Pledged Taxes. ...................................................................33 Section 18. Pledged Revenues; General Covenants. ...................................................34 Section 19. Additional Bonds and Subordinate Bonds................................................ 36 Section 20. Bonds No Longer Outstanding. ................................................................ 37 Section 21. Provisions a Contract................................................................................ 37 Section22. Use of Proceeds.........................................................................................37 i CH12_2665111.7 Section 23. Call of the Refunded Bonds...................................................................... 38 Section 24. No Continuing Disclosure Undertaking....................................................38 Section 25. General Tax Covenants............................................................................. 38 Section 26. Registered Form........................................................................................39 Section 27. Pertaining to the Bond Registrar............................................................... 39 Section 28. Defeasance. ...............................................................................................41 Section 29. Municipal Bond Insurance........................................................................42 Section 30. Superseder and Effective Date..................................................................42 ii CH12_2665111.7 ORDINANCE No.2011- 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 and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008, prescribing all the details of said bonds, and providing for the collection and segregation of revenues sufficient to pay such bonds. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized and existing municipality created under the provisions of the laws of the State of Illinois, is now operating under the provisions of the Illinois Municipal Code, as supplemented and amended (the "Municipal Code"), and has owned and operated a combined waterworks and sewerage system (the "System") in accordance with the provisions of Division 139 of Article 11 of the Municipal Code; and WHEREAS, the City Council of the City(the "Corporate Authorities")has determined that it is advisable, necessary and in the best interests of City to refund the outstanding principal amount of the City's General Obligation Bonds (Alternate Revenue Source), Series 2005D and the City's General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008 (collectively, the "Refunded Bonds" or the "Prior Bonds") the proceeds of which Bonds were used to finance improvements to the System; and WHEREAS, the Refunded Bonds are presently outstanding and unpaid and are binding and subsisting legal obligations of the City; and WHEREAS, the cost of refunding the Refunded Bonds (the "Refunding") including legal, financial, bond discount, placement fee, printing and publication costs and other expenses is an CH12_2665111.7 amount not to exceed $12,000,000 and there are insufficient funds on hand and lawfully available to pay all of such costs; and WHEREAS, pursuant to and in accordance with the provisions of the Municipal Code, the City is authorized to issue its waterworks and sewerage revenue bonds for the purpose of providing funds to pay the costs of the Refunding (the "Revenue Bonds"); and WHEREAS, as provided in Section 15 of the Local Government Debt Reform Act of the State of Illinois, as supplemented and amended (the "Act"), whenever revenue bonds have been authorized to be issued pursuant to the Municipal Code, the City may issue its general obligation bonds in lieu of such revenue bonds as authorized, and such general obligation bonds may be referred to as "alternate bonds"; and WHEREAS, for the purpose of providing funds to pay the costs of the Refunding and in accordance with the provisions of the Act, the Corporate Authorities, on the 9th day of August, 2011, adopted Ordinance No. 2011-43 (the "Authorizing Ordinance"), authorizing the issuance of General Obligation Refunding Bonds (Alternate Revenue Source), as provided in the Act, in an amount not to exceed $12,000,000 (the"Alternate Bonds"); and WHEREAS, on the 11th day of August, 2011, the Authorizing Ordinance, together with a separate notice in statutory form, was published in the Kendall County Record, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Authorizing Ordinance and said notice have heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, more than thirty (30) days have expired since the date of publication of the Authorizing Ordinance and said notice, and no petitions with the requisite number of valid signatures thereon have been filed with the City Clerk requesting that the question of the issuance of the Alternate Bonds be submitted to referendum; and 2 CH12_2665111.7 WHEREAS, the Refunding constitutes a lawful corporate purpose within the meaning of the Act; and WHEREAS, the Corporate Authorities are now authorized to issue the Alternate Bonds in an aggregate principal amount of$11,150,000, in accordance with the provisions of the Act, and the Corporate Authorities hereby determine that it is necessary and desirable that there be issued at this time$11,150,000 of the Alternate Bonds so authorized; and WHEREAS, the Alternate Bonds to be issued will be payable from the Pledged Revenues and the Pledged Taxes,both as hereinafter defined; and WHEREAS, pursuant to the Act, the Corporate Authorities must determine that the Revenues (as hereinafter defined) will be sufficient to provide or pay in each year to final maturity of the Alternate Bonds all of the following: (1) costs of operation and maintenance of the utility or enterprise, but not including depreciation, (2) debt service on all outstanding revenue bonds payable from the Revenues, (3) all amounts required to meet any fund or account requirements with respect to such outstanding revenue bonds, (4) other contractual or tort liability obligations, if any, payable from such Revenues and (5) in each year an amount not less than 1.25 times debt service of the Alternate Bonds proposed to be issued, and all outstanding alternate bonds payable from such Revenues previously issued and outstanding; and WHEREAS, the City has not previously pledged the Revenues to the payment of any bonds or other indebtedness of the City; and WHEREAS, such determination of the sufficiency of the Revenues are supported by the report dated the date hereof(the "Report") of Speer Financial, Inc., Chicago, Illinois ("Speer"), which Report has been presented to and accepted by the Corporate Authorities and is now on file with the City Clerk; and 3 CH 12_2665111.7 WHEREAS, pursuant to and in accordance with the provisions of the Bond Issue Notification Act of the State of Illinois, the Mayor of the City (the "Mayor"), called a public hearing (the "Hearing") for the 23rd day of August, 2011, concerning the intent of the Corporate Authorities to sell not to exceed $12,000,000 General Obligation Refunding Bonds (Alternate Revenue Source); and WHEREAS, notice of the Hearing was given (i) by publication at least once not less than seven (7) nor more than thirty (30) days before the date of the Hearing in the Kendall County Record, the same being a newspaper of general circulation in the City, and (ii)by posting at least 48 hours before the Hearing a copy of said notice at the principal office of the Corporate Authorities; and WHEREAS, the Hearing was held on the 23rd day of August, 2011, and at the Hearing, the Corporate Authorities explained the reasons for the proposed bond issue and permitted persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits; and WHEREAS, the Hearing was finally adjourned on the 23rd day of August, 2011, and not less than seven (7) days have passed since the final adjournment of the Hearing; and WHEREAS, the Property Tax Extension Limitation Law of the State of Illinois, as amended by Public Act 89-385 (the "Tax Limitation Law"), imposes certain limitations on the "aggregate extension" of certain property taxes levied by the City,but provides that the definition of"aggregate extension" contained in Section 18-185 of the Tax Limitation Law does not include "extensions . . . payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act;" and 4 CH 12_2665111.7 WHEREAS, the County Clerk of Kendall County, Illinois (the "County Clerk"), is therefore authorized to extend and collect said direct annual ad valorem tax so levied for the payment of the Alternate Bonds for the Project without limitation as to rate or amount; Now, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Definitions. The following words and terms used in this Ordinance shall have the following meanings unless the context or use clearly indicates another or different meaning is intended: "Act" means the Local Government Debt Reform Act of the State of Illinois, as supplemented and amended. "Additional Bonds" means any alternate bonds issued in the future in accordance with the provisions of the Act on a parity with and sharing ratably and equally in the Pledged Revenues with the Bond. "Alternate Bond and Interest Account (2011)" means the Alternate Bond and Interest Account (2011) established hereunder and further described by Section 12 of this Ordinance. "Authorized Officer" means any of the Mayor, Treasurer, Finance Director and City Clerk of the City. "Bond" or "Bonds" means one or more, as applicable, of the General Obligation Refunding Bonds (Alternate Revenue Source), Series 2011, authorized to be issued by this Ordinance. "Bond Fund" means the Alternate Bond Fund (2011) established hereunder and further described by Section 16 of this Ordinance. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bond. 5 CH 12_2665111.7 "Bond Registrar" means The Bank of New York Mellon Trust Company, N.A., Chicago, Illinois, or any successor thereto or designated hereunder, in its capacity as bond registrar hereunder. "City"means the United City of Yorkville, Kendall County, Illinois. "City Clerk"means the City Clerk of the City. "Code"means the Internal Revenue Code of 1986, as amended. "Corporate Authorities"means the City Council of the City. "Expense Fund" means the fund established hereunder and further described by Section 22 of this Ordinance. "Fiscal Year" means a twelve-month period beginning May I of the calendar year and ending on the next succeeding April 30. "Mayor"means the Mayor of the City. "Municipal Code"means the Illinois Municipal Code, as supplemented and amended. "Ordinance" means this ordinance as originally adopted and as the same may from time to time be amended or supplemented. "Outstanding Bonds" means the Bond and any Additional Bonds which are outstanding and unpaid;provided, however, such term shall not include Bonds or Additional Bonds (i) which have matured and for which moneys are on deposit with proper paying agents, or are otherwise properly available, sufficient to pay all principal and interest thereof, or (ii) the provision for payment of which has been made by the City by the deposit in an irrevocable trust or escrow of funds or direct, full faith and credit obligations of the United States of America or obligations guaranteed by the United States of America, the principal and interest of which will be sufficient to pay at maturity or as called for redemption all the principal of and interest and applicable premium on such Bonds or Additional Bonds. 6 CH 12_2665111.7 "Paying Agent" means The Bank of New York Mellon Trust Company, N.A., Chicago, Illinois, or any successor thereto or designated hereunder, in its capacity as paying agent hereunder. "Pledged Moneys"means, collectively, Pledged Revenues and Pledged Taxes as both are defined herein. "Pledged Revenues" means (i) those Revenues on deposit in the Alternate Bond and Interest Account (2011) of the Revenue Fund, and (ii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose. "Pledged Taxes" means the ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount, pledged hereunder by the City as security for the Bond. "Prior Bonds"has the meaning set forth in the preambles. "Prior Ordinances"means the 2005D Ordinance and the 2008 Ordinance. "Refunding"has the meaning set forth in the preambles. "Revenue Fund" means the Sales Tax Revenue Fund created and established pursuant to Section 11 of this Ordinance. "Revenues" means distributions of sales taxes imposed by the City and collected by the State of Illinois pursuant to Sections 8-11-1.3 and 8-11-1.4 of the Illinois Municipal Code consisting of the Non-Home Rule Municipal Retailers Occupation Tax and Non-Home Rule Municipal Service Occupation Tax. "Surplus Account" means the Surplus Account created and established pursuant to Section 12 of this Ordinance. "System"has the meaning set forth in the preambles. 7 CH12_2665111.7 "Tax Agreement" means the Tax Certificate and Agreement of the City dated the date of issuance of the Bond. "Treasurer" means the Treasurer of the City. "2005D Ordinance" means Ordinance Number 2005-88 adopted by the Corporate Authorities of the City on October 25, 2005 and the Bond Order executed pursuant thereto. "2008 Ordinance"means the Ordinance adopted by the Corporate Authorities of the City on December 22, 2008 authorizing the issuance of the City's General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are full, true and correct and do incorporate them into this Ordinance by this reference. The Report is hereby accepted and approved by the Corporate Authorities, and it is hereby found and determined that Speer is a feasibility analyst having a national reputation for expertise in such matters as the Report. Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the City to undertake the Refunding for the public health, safety and welfare, in accordance with the estimate of costs, as described, and in accordance with the provisions of the Municipal Code and the Act. Section 4. Determination of Useful Life. The Corporate Authorities do hereby determine the period of usefulness of the System to be not less than 25 years from the date hereof. Section 5. Bond Details. For the purpose of paying the cost of the Refunding, there shall be issued and sold a single fully registered Bond in the principal amount of$11,150,000. The Bond shall be designated "General Obligation Refunding Bond (Alternate Revenue Source), Series 2011", shall be dated the date of issuance thereof, shall also bear the date of authentication 8 CH12_2665111.7 and shall be in fully registered form. The Bond shall be issued as a single term Bond, shall be numbered R-1, and shall become due and payable on December 30, 2025 in the principal amount of$11,150,000 and bearing interest at the rate of 4.280%per annum. The Bond shall bear interest from its date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of the Bond is paid, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on the June 30 and December 30 of each year, commencing on December 30, 2011. Principal (and premium, if any) upon redemption and interest on each Bond shall be paid by check or draft of the Paying Agent, in lawful money of the United States of America, to the person in whose name such Bond is registered (the "Registered Owner") at the close of business on the 15th day of the month of the interest payment date or 15 days preceding any redemption date of the Bond on other than the 30th day of the month (the "Record Date"); provided that such payment shall be made to the Registered Owner as of the close of business of the Paying Agent on the Record Date by wire transfer to such Registered Owner on such payment date upon written notice from such Registered Owner containing the wire transfer address within the United States of America to which the Registered Owner wishes to have such wire directed which notice is received not later than the Business Day preceding such Record Date. The principal of the Bond payable at maturity shall be payable in lawful money of the United States of America upon presentation thereof at the principal corporate trust office of the Paying Agent in Chicago, Illinois, or at a successor Paying Agent address. The Bond shall be signed by the manual or facsimile signature of the Mayor, and shall be attested by the manual or facsimile signature of the City Clerk, and the corporate seal of the City shall be affixed thereto or printed thereon, and in case any officer whose signature shall appear on the Bond shall cease to be such officer before the delivery of such Bond, such signature shall 9 CH12_2665111.7 nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Bond shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Bond Registrar as authenticating agent of the City for this issue and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon the Bond shall be conclusive evidence that the Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on the Bond shall be deemed to have been executed by the Bond Registrar if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on the Bond issued or transferred hereunder. Section 6. Registration of Bonds; Persons Treated as Owners. The City shall cause books for the registration and for the transfer of the Bond as provided in this Ordinance to be kept at the principal corporate trust office of the Bond Registrar, which is hereby constituted and appointed the registrar of the City for this issue. The City is authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of the Bond. The Bond shall be transferable or exchangeable in accordance with its terms, only upon the books of the City kept for that purpose at the principal office of the Bond Registrar by the registered owner in person, or by its attorney duly authorized in writing, upon surrender of the Bond together with a written instrument of transfer or exchange satisfactory to the Bond Registrar duly executed by the registered owner, or its attorney duly authorized in writing; provided however that unless waived in writing by the City, the Bond shall not be transferred 10 CH 12_2665111.7 upon the books required to be kept by the Registrar, to any person prior to receipt by the Registrar and the City of an investor letter in form and substance satisfactory to the City duly executed and delivered by the transferee of such Bond. Upon surrender for transfer of the Bond at the principal corporate trust office of the Bond Registrar upon satisfaction of the conditions set forth above, duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Bond Registrar and duly executed by the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee a new fully registered Bond of the same maturity, for a like aggregate principal amount. Any fully registered Bond may be exchanged at said office of the Bond Registrar. The execution by the City of the fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of outstanding Bond of each maturity authenticated by the Bond Registrar shall not exceed the authorized principal amount of Bond for such maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange the Bond during the period from the close of business on the 15th day of the calendar month of an interest payment date on the Bond or during the period of 15 days preceding the giving of notice of redemption of the Bond or to transfer or exchange the Bond all or a portion of which has been called for redemption. The person in whose name the Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on the Bond shall be made only to or upon the order of the registered owner thereof or his legal 11 CH 12_2665111.7 representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of the Bond, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of the Bond, except in the case of the issuance of a Bond for the unredeemed portion of a Bond surrendered for redemption. Section 7. Redemption. (a) Optional Redemption In "ole. The Bond shall be subject to redemption prior to maturity at the option of the City, in whole, on any date on or after December 30, 2020 at a redemption price of 100% of the principal amount thereof, without premium, plus accrued and unpaid interest to the date of redemption. (b) Special Optional Redemption in Part. In addition, but not by way of limitation of any other redemption provisions set forth herein, the Bond is subject to partial prepayment and special optional redemption in part at any time at the option of the City, at a redemption price of 100% of the principal amount of the Bond to be redeemed, plus accrued interest to the date of redemption, subject to the following conditions: (i) Any such partial prepayment and redemption shall be in a minimum principal amount of$500,000, and a maximum principal amount of$2,000,000; (ii) Only one partial prepayment and redemption may be made in any calendar year; and (iii) Any such optional partial prepayment and redemption of the Bond in part shall be applied to reduce the principal amount of the Bond required to be redeemed by 12 CH12_2665111.7 mandatory sinking fund redemption in inverse order of the mandatory sinking fund redemption dates. (c) Mandatory Sinking Fund Redemption. The Bond shall be subject to mandatory sinking fund redemption and payment at maturity, in accordance with the provisions set forth below, at a redemption price of 100% of the principal amount to be redeemed plus accrued interest, without premium, on December 30 of the years and in the amounts set forth below: YEAR PRINCIPAL AMOUNT 2013 $ 660,000 2014 685,000 2015 715,000 2016 745,000 2017 780,000 2018 810,000 2019 845,000 2020 885,000 2021 920,000 2022 960,000 2023 1,000,000 2024 1,045,000 2025 1,100,000 The principal amounts of the Bond to be mandatorily redeemed, if any, in each year may be reduced through the earlier optional redemption thereof, with any partial optional redemption of the Bond credited against future mandatory redemption requirements in inverse order of the mandatory sinking fund redemption dates. Section 8. Redemption Procedure. The City shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of principal amount of the Bond to be redeemed. The Bond Registrar shall promptly notify the City in writing of the portion of the Bond selected for redemption and, in the case of any partial redemption, the principal amount thereof to be redeemed. 13 CH12_2665111.7 Unless waived by the registered owner of the Bond to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. Unless moneys sufficient to pay the redemption price of the Bond to be redeemed are received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption will be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice will be of no force and effect, the City will not redeem the Bond, and the Bond Registrar will give notice, in the same manner in which the notice of redemption has been given, that such moneys were not so received and that the Bond will not be redeemed. Otherwise, prior to any redemption date, the City will deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bond or portions of the Bond which are to be redeemed on the date. All official notices of redemption shall include the full name of the Bond and at least the information as follows: (a) the redemption date; (b) the redemption price; and (c) a statement that on the redemption date the redemption price will become due and payable upon the Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date. 14 CH12_2665111.7 On or prior to any redemption date, the City shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price of all of the Bond or portions of the Bond which are to be redeemed on that date. Subject to the provisions for a conditional notice of redemption described above, official notice of redemption having been given as aforesaid, the Bond or portions of the Bond so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price), the Bond or portions of the Bond shall cease to bear interest. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of the Bond to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. The Bond or portion of the Bond to be redeemed shall be paid by the Paying Agent at the redemption price. The procedure for the payment of interest and principal due as part of the redemption price shall be as provided in Section 5 for payment of principal at redemption and interest otherwise due. The Paying Agent shall maintain a schedule of all payments of principal on the Bond and shall make a notation in such schedule upon each payment of principal of the Bond whether at maturity or upon optional or mandatory redemption. In the event of any discrepancy between the 15 CH12_2665111.7 principal amount of the Bond as set forth in the Bond and as set forth in such schedule, the schedule shall be conclusive, absent manifest error. If the Bond or portion of the Bond called for redemption shall not be so paid, the principal shall, until paid or duly provided for, bear interest from the redemption date at the rate borne by the Bond or portion of the Bond so called for redemption. Section 9. Form of Bond. The Bond shall be prepared in substantially the following form; provided, however, that if the text of the Bond is to be printed in its entirety on the front side of the Bond, then paragraph [2] and the legend, "See Reverse Side for Additional Provisions", shall be omitted and paragraphs [6] through [16] shall be inserted immediately after paragraph [1]: 16 CH 12_2665111.7 (FORM OF BOND-FRONT SIDE) REGISTERED REGISTERED No: R-1 $11,150,000 [NEITHER THIS BOND NOR ANY INTEREST HEREIN MAY BE TRANSFERRED OR CONVEYED EXCEPT IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE BOND ORDINANCE REFERRED TO HEREIN] UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION REFUNDING BOND (ALTERNATIVE REVENUE SOURCE) SERIES 2011 See Reverse Side for Additional Provisions Interest Maturity Dated Rate: 4.280% Date: December 30, 2025 Date: October 26, 2011 Registered Owner: Capital One Public Funding, LLC Principal Amount: Eleven Million One Hundred Fifty Thousand Dollars [1] KNOW ALL PERSONS BY THESE PRESENTS, that the United City of Yorkville, Kendall County, Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the date of this Bond or from the most recent interest payment date to which interest has been paid or duly provided for at the Interest Rate per annum set forth above on June 30 and December 30 of each year, commencing December 30, 2011, until said Principal Amount is paid. The principal of this Bond at maturity is payable in lawful money of the United States of America at the principal corporate trust office of The Bank of New York Mellon Trust 17 CH 12_2665111.7 Company, N.A., Chicago, Illinois, as paying agent (the "Paying Agent"). Payment of the installments of interest and principal, upon redemption of this Bond shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by The Bank of New York Mellon Trust Company, N.A., Chicago, Illinois, as bond registrar (the "Bond Registrar"), at the close of business on the 15th day of the month of each interest payment date or 15 days preceding any redemption date of this Bond (the "Record Date") and shall be paid by check or draft of the Paying Agent, payable in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar"); provided that such payment shall be made to the Registered Owner as of the close of business of the Paying Agent on the Record Date by wire transfer to such Registered Owner on such payment date upon written notice from such Registered Owner containing the wire transfer address within the United States of America to which the Registered Owner wishes to have such wire directed which notice is received not later than the Business Day preceding such Record Date. [2] Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof and such further provisions shall for all purposes have the same effect as if set forth at this place. [3] It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have been done and have happened and have been performed in regular and due form of law; that the indebtedness of the City, including this Bond, does not exceed any limitation imposed by law; that provision has been made for the collection of the Pledged Revenues, the levy and collection of the Pledged Taxes and the segregation of the Pledged Moneys to pay the interest hereon as it falls due and also to pay and 18 CH12_2665111.7 discharge the principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for the Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Bond Ordinance. [4] This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. [5] IN WITNESS WHEREOF, said United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be signed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, and its corporate seal to be affixed hereto or printed hereon, all as of the Dated Date identified above. Mayor [SEAL] ATTEST: City Clerk Date of Authentication: , 19 CH12_2665111.7 CERTIFICATE Bond Registrar and Paying Agent: OF The Bank of New York Mellon Trust AUTHENTICATION Company,N.A., Chicago, IL This Bond is described in the within-mentioned Ordinance and is the General Obligation Refunding Bond (Alternate Revenue Source), Series 2011, of the United City of Yorkville, Kendall County, Illinois. The Bank of New York Mellon Trust Company, N.A., as Bond Registrar By Authorized Officer 20 CH12_2665111.7 STATEMENT OF INSURANCE Assured Guaranty Municipal Corp. ("AGM"), New York, New York, has delivered its municipal bond insurance policy (the "Policy") with respect to the scheduled payments due of principal of and interest on this Bond to The Bank of New York Mellon Trust Company, N.A., Chicago, Illinois, or its successor, as paying agent for the Bond (the "Paying Agent"). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from AGM or the Paying Agent. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. The owner of this Bond acknowledges and consents to the subrogation rights of AGM as more fully set forth in the Policy. 21 CH12_2665111.7 [Form of Bond- Reverse Side] UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS GENERAL OBLIGATION REFUNDING BOND (ALTERNATE REVENUE SOURCE) SERIES 2011 [6] This bond (the "Bond" or "Bonds") is issued as a single bond in the original principal amount of Eleven Million One Hundred Fifty Thousand Dollars ($11,150,000). This Bond is issued pursuant to the Local Government Debt Reform Act (the"Act") and Division 139 of Article 11 of the Illinois Municipal Code (the "Municipal Code"), all as supplemented and amended, for the purpose of financing the costs of refunding the City's General Obligation Bonds (Alternate Revenue Source), Series 2005D (the "2005D Bonds") and the City's General Obligation Refunding Bonds (Alternate Revenue Source) Series 2008 (the "2008 Bonds" and together with the 2005D Bonds, the "Prior Bonds"). The Bond is issued pursuant to an authorizing ordinance passed by the City Council of the City (the "Corporate Authorities") on the 9th day of August, 2011, and by a bond ordinance passed by the Corporate Authorities on the day of October, 2011 (the "Bond Ordinance"), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the Registered Owner by the acceptance of this Bond assents. [7] Under the Municipal Code and the Bond Ordinance, the Revenues, as defined below, shall be deposited into the Sales Tax Revenue Fund of the City and transferred to the Alternate Bond and Interest Account (2011) in amounts sufficient to pay debt service owed on the Bond, which Account shall be used only and has been pledged for paying the principal of and interest owed on the Bond. The City may issue future revenue bonds payable from the Revenues, which bonds may be issued on a parity with the Bond, pursuant to the terms of the Bond Ordinance provided provisions of the Act have been satisfied. 22 CH12_2665111.7 [8] The Bond is payable from (a) (i) Revenues deposited to the credit of the Alternate Bond and Interest Account(2011) within the Sales Tax Revenue Fund (the "Pledged Revenues"), and (ii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose and (b) ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the "Pledged Taxes") (the Pledged Revenues and the Pledged Taxes being collectively called the "Pledged Moneys"), all in accordance with the provisions of the Act and the Municipal Code. For the prompt payment of this Bond, both principal and interest at maturity, the full faith, credit and resources of the City are hereby irrevocably pledged. "Revenues" means distributions of sales taxes imposed by the City and collected by the State of Illinois pursuant to Sections 8-11-1.3 and 8-11-1.4 of the Illinois Municipal Code consisting of the Non-Home Rule Municipal Retailers Occupation Tax and Non-Home Rule Municipal Service Occupation Tax. [9] Under the Act and the Bond Ordinance, the Pledged Revenues shall be deposited into and segregated in the Alternate Bond and Interest Account (2011) of the Revenue Fund, and the Pledged Taxes shall be deposited into and segregated in the Alternate Bond Fund (2011), each as created by the Bond Ordinance. Moneys on deposit in said Account and said Fund shall be used first and are pledged for paying the principal of and interest on the Bond and then for any further purposes as provided by the terms of the Bond Ordinance. [10] This Bond does not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision or limitation, unless the Pledged Taxes shall have been extended pursuant to the general obligation, full faith and credit promise supporting the Bond, in which case the amount of the Bond then outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as 23 CH 12_2665111.7 an audit of the City shows that the Bond has been paid from the Pledged Revenues for a complete Fiscal Year. [11] This Bond is transferable by the Registered Owner hereof in person or by his attorney duly authorized in writing at the principal corporate trust office of the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond of the same maturity and for the same outstanding principal amount will be issued to the transferee in exchange therefor. [12] Notwithstanding any other provision herein, it shall be a condition to any transfer or exchange of this Bond that a new investor's letter in form and substance satisfactory to the City be issued by any subsequent purchaser or transferee of the Bond and substantially in the form of the investor's letter delivered to the City at the time of issuance of this Bond. [13] The Bond is issued as a single fully registered Bond. This Bond may be exchanged at the principal corporate trust office of the Bond Registrar for a like principal amount of Bond of the same maturity, upon the terms set forth in the Bond Ordinance. The Bond Registrar shall not be required to transfer or exchange this Bond during the period beginning at the close of business on the 15th day of the month of any interest payment date on such Bond or during the period of 15 days preceding the giving of notice of redemption of this Bond or to transfer or exchange this Bond all or a portion of which has been called for redemption. [14] This Bond is subject to redemption prior to maturity at the option of the City, in whole, on any date on or after December 30, 2020 at a redemption price of 100% of the principal amount thereof, without premium, plus accrued and unpaid interest to the date of redemption. In addition, but not by way of limitation of any other redemption provisions set forth in the Bond Ordinance, this Bond is subject to partial prepayment and special optional redemption 24 CH12_2665111.7 in part at any time at the option of the City, at a redemption price of 100% of the principal amount of the Bond to be redeemed,plus accrued interest to the date of redemption subject to the following conditions: (i) Any such partial prepayment and redemption shall be in a minimum principal amount of$500,000, and a maximum principal amount of$2,000,000; (ii) Only one partial prepayment and redemption may be made in any calendar year; and (iii) Any such optional partial prepayment and redemption of this Bond in part shall be applied to reduce the principal amount of the Bond required to be redeemed by mandatory sinking fund redemption in inverse order of the mandatory sinking fund redemption dates. This Bond is also subject to mandatory sinking fund redemption and payment at maturity at a redemption price of 100% of the principal amount to be redeemed plus accrued interest, without premium, on December 30 of the years and in the amounts set forth below: YEAR PRINCIPAL AMOUNT 2013 $ 660,000 2014 685,000 2015 715,000 2016 745,000 2017 780,000 2018 810,000 2019 845,000 2020 885,000 2021 920,000 2022 960,000 2023 1,000,000 2024 1,045,000 2025 1,100,000 The Paying Agent shall maintain a schedule of all payments of principal of the Bond and shall make a notation in such schedule upon each payment of principal of this Bond whether at 25 CH12_2665111.7 maturity or upon optional or mandatory redemption. The initial payment schedule for this Bond, which includes the amount of interest payable on this Bond on each interest payment date and the mandatory sinking fund requirements described above, is attached hereto as Schedule I. Upon any optional redemption of this Bond, the Paying Agent shall mail to the registered owner of this Bond and the City a revised payment schedule reflecting the reduction in payments owed on this Bond after giving effect to such redemption. In the event of any discrepancy between the principal amount of this Bond as set forth in this Bond and as set forth in such schedule, the schedule shall be conclusive, absent manifest error. The principal amounts of this Bond to be redeemed, if any, in each year may be reduced through the earlier optional redemption thereof, with any partial optional redemption of this Bond credited against future mandatory redemption requirements in inverse order of the mandatory sinking fund redemption dates. [15] Notice of any such redemption shall be given by the Bond Registrar on behalf of the City as provided in the Bond Ordinance. [16] The City, the Paying Agent and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City, the Paying Agent nor the Bond Registrar shall be affected by any notice to the contrary. 26 CH12_2665111.7 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto [Here insert identifying number such as TID, SSN, or other] (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. 27 CH 12_2665111.7 SCHEDULEI DEBT SERVICE SCHEDULE 28 CH12_2665111.7 Section 10. Treatment of Bond as Debt. The Bond shall be payable from the Pledged Moneys and shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation, unless the Pledged Taxes shall have been extended pursuant to the general obligation, full faith and credit promise supporting the Bond, as set forth in Section 15 hereof, in which case the amount of the Bond then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shows that the Bond has been paid from the Pledged Revenues for a complete Fiscal Year, in accordance with the Act. Section 11. Creation of Sales Tax Revenue Fund. All of the Revenues shall be set aside as collected and be deposited in a separate fund and in an account in a bank to be designated by the Corporate Authorities, which fund is hereby created and is designated as the "Sales Tax Revenue Fund" (the "Revenue Fund") of the City. The Revenues shall be immediately deposited upon receipt by the City into the Revenue Fund. Section 12. Flow of Funds. There shall be and there are hereby created two separate accounts in the Revenue Fund to be known as the Alternate Bond and Interest Account (2011) and the Surplus Account, and to which there shall be credited on or before the first day of each month by the financial officer of the City, without any further official action or direction, in the order in which said accounts are hereinafter mentioned, all moneys held in the Revenue Fund, in accordance with the following provisions: (a) Alternate Bond and Interest Account (2011). All moneys in the Revenue Fund shall be credited first to a separate and segregated account hereby created and designated the "Alternate Bond and Interest Account (2011)" of the Revenue Fund (the "Alternate Bond and Interest Account (2011)"), as follows. There shall be paid into the Alternate Bond and Interest Account (2011) in each month the amount of the interest becoming due on the next succeeding 29 CH12_2665111.7 interest payment date on the Outstanding Bond and the amount of the principal becoming due on the next succeeding principal maturity date or mandatory sinking fund redemption date of the Outstanding Bond until there shall have been accumulated in the Alternate Bond and Interest Account (2011) on or before the month preceding such payment date of interest or principal, an amount sufficient to pay such principal or interest, or both, of the Outstanding Bond on such next succeeding payment date. All moneys in said Account shall be used only for the purpose of paying interest on and principal of the Bond and any Additional Bonds. (b) Surplus Account. Any funds remaining in the Revenue Fund after making the aforesaid deposits to the credit of the Alternate Bond and Interest Account (2011), shall be transferred to a separate and segregated account hereby created and designated the "Surplus Account" of the Revenue Fund (the "Surplus Account"). Amounts in the Surplus Account shall be used, first, to make up any subsequent deficiencies in the Alternate Bond and Interest Account (2011); and then, for the remainder of all surplus Revenues, at the discretion of the Corporate Authorities, for one or more of the following purposes without any priority among them: 1. For the purpose of calling and redeeming the Outstanding Bond payable from the Revenues which are callable at the time; or 2. For the purpose of purchasing the Outstanding Bond payable from the Revenues. (c) After there has been accumulated in the Surplus Account an amount equal to 100% of the principal of and interest to accrue on the Outstanding Bond for the next succeeding Bond Year (June 30 and December 30), any remaining Revenues, may be released at the discretion of the Corporate Authorities and used for any lawful public purpose. 30 CH12_2665111.7 (d) Money to the credit of the Revenue Fund (as hereinafter defined) may be invested pursuant to any authorization granted to municipal corporations by Illinois statute or court decision. Section 13. Account Excesses. Any amounts to the credit of the accounts created by this Ordinance in excess of the then current requirements therefor may be transferred at any time by the Corporate Authorities to such other account or accounts of the Revenue Fund as it may in its sole discretion designate. Section 14. Sale of Bond. The Bond hereby authorized shall be executed as in this Ordinance provided as soon after the passage hereof as may be directed by the Authorized Officer, and thereupon be deposited with the City Treasurer, and be by said Treasurer delivered to Capital One Public Funding, LLC, the purchaser thereof (the "Purchaser"), upon receipt of the purchase price therefore, the same being $11,150,000; it being hereby found and determined that the Bond has been sold at such price and bears interest at such rates that neither the true interest cost (yield) nor the net interest rate received upon such sale exceed the maximum rate otherwise authorized by Illinois law and that no person holding any office of the City, either by election or appointment, is in any manner financially interested directly in his own name or indirectly in the name of any other person, association, trust or corporation, in the Purchaser. The officers of the City are hereby authorized to take any actions as may be required on the part of the City to consummate the transactions contemplated by this Ordinance and the Bond. There is hereby authorized the payment of a placement fee to William Blair & Co. in the amount of$89,200 for placing the Bond with the Purchaser. Section 15. Pledged Taxes; Tax Levy. For the purpose of providing additional funds to pay the principal of and interest on the Bond, and as provided in Section 15 of the Act, there is 31 CH12_2665111.7 hereby levied upon all of the taxable property within the City, in the years for which the Bond is Outstanding, a direct annual tax in amounts sufficient for that purpose, and there shall be levied upon all of the taxable property in the City the following direct annual taxes (the "Pledged Taxes"): FOR THE YEAR A TAX SUFFICIENT TO PRODUCE THE SUM OF: 2012 $1,137,220 For principal and interest due June 30, 2013 and December 30, 2013 2013 $1,133,972 2014 $1,134,654 2015 $1,134,052 2016 $1,137,166 2017 $1,133,782 2018 $1,134,114 2019 $1,137,948 2020 $1,135,070 2021 $1,135,694 2022 $1,134,606 2023 $1,136,806 2024 $1,147,080 These taxes shall be in addition to and in excess of all other taxes levied by the City. Following any extension of Pledged Taxes, interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the Pledged Taxes herein levied; and when the Pledged Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and the owners of the Bond that so long as the Bond remains outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to collect the Pledged Revenues or to levy and collect the Pledged Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Pledged Revenues will be available and that 32 CH12_2665111.7 the Pledged Taxes will be levied, extended and collected as provided herein and deposited in the Bond Fund. Section 16. Filing with County Clerk. After this Ordinance becomes effective, a copy hereof, certified by the City Clerk, shall be filed with the County Clerk. The County Clerk shall in and for each of the years required ascertain the rate percent required to produce the aggregate Pledged Taxes provided to be levied in each of said years; and the County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in said years in and by the City for general corporate purposes of the City; and the County Clerk, or other appropriate officer or designee, shall remit the Pledged Taxes for deposit to the credit of a special fund to be designated the "Alternate Bond Fund (2011)" (the "Bond Fund"), and in said years the Pledged Taxes shall be levied and collected by and for and on behalf of the City in like manner as taxes for general municipal purposes of the City for said years are levied and collected, and in addition to and in excess of all other taxes. The Pledged Taxes are hereby irrevocably pledged to and shall be used only for the purpose of paying principal of and interest on the Bond. It is hereby expressly provided that in the event there shall be moneys both to the credit of the Alternate Bond and Interest Account (2011) and the Bond Fund, the Bond Fund shall be fully depleted before moneys to the credit of the Alternate Bond and Interest Account (2011) shall be used to pay principal of and interest on the Bond. Section 17. Abatement of Pledged Taxes. Whenever the Pledged Revenues shall have been determined by the Corporate Authorities to provide in any calendar year an amount not less than 1.00 times debt service of all of the Outstanding Bond in the next succeeding Bond Year (June 30 and December 30), the Treasurer or Finance Director shall,prior to the time the Pledged Taxes levied in such calendar year are extended, direct the abatement of the Pledged Taxes for 33 CH12_2665111.7 such Bond Year, and proper notification of such abatement shall be filed with the County Clerk in a timely manner to effect such abatement. The City covenants and agrees that it will not direct the County Clerk to abate any other taxes levied for general corporate purposes in a calendar year until sufficient Pledged Revenues have been deposited in the Alternate Bond and Interest Account (2011) and the abatement of the Pledged Taxes for such calendar year has been filed with the County Clerk. Section 18. Pledged Revenues; General Covenants. The City covenants and agrees with the registered owners of the Bond that, so long as the Bond remains Outstanding: A. The City hereby pledges the Pledged Revenues to the payment of the Bond, and the Corporate Authorities covenant and agree to provide for, collect and apply the Pledged Revenues to the payment of the Bond and the provision of not less than an additional .25 times debt service, all in accordance with Section 15 of the Act. The determination of the sufficiency of the Pledged Revenues pursuant to this subsection (A) shall be supported by reference to the annual audit of the City and acceptance of said Audit by the Corporate Authorities shall be conclusive evidence that the conditions of Section 15 of the Act have been met. B. The City will punctually pay or cause to be paid from the Alternate Bond and Interest Account (2011) and from the Bond Fund the principal of and the interest on the Bond in strict conformity with the terms of the Bond and this Ordinance, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. C. The City will pay and discharge, or cause to be paid and discharged, from the Alternate Bond and Interest Account (2011) and the Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Pledged Moneys, or any part thereof, or upon any funds in the hands of the Paying Agent, or which might impair the security of the Bond. 34 CH 12_2665111.7 Nothing herein contained shall require the City to make any such payment so long as the City in good faith shall contest the validity of said claims. D. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, in which complete and correct entries shall be made of all transactions relating to the improvements to the System financed with the Prior Bonds, the Pledged Moneys, the Alternate Bond and Interest Account (2011) and the Bond Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection of the registered owners of not less than ten per cent (10%) of the principal amount of the Outstanding Bond or their representatives authorized in writing. E. The City will preserve and protect the security of the Bond and the rights of the registered owners of the Bond, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of the Bond by the City, the Bond shall be incontestable by the City. F. The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention of, or to facilitate the performance of, this Ordinance, and for the better assuring and confirming unto the registered owners of the Bond of the rights and benefits provided in this Ordinance. G. As long as the Bond is Outstanding, the City will continue to deposit the Revenues to the Revenue Fund and the Pledged Revenues to the Alternate Bond and Interest Account (2011) and, if applicable, the Pledged Taxes to the Bond Fund. The City covenants and agrees with the purchaser of the Bond and with the registered owners thereof that so long as the Bond remains Outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to collect the Pledged Taxes and to collect and 35 CH12_2665111.7 to segregate the Pledged Moneys. The City and its officers will comply with all present and future applicable laws in order to assure that the Pledged Taxes can be extended and that the Pledged Revenues and the Pledged Taxes may be collected and deposited to the Alternate Bond and Interest Account(2011) and the Bond Fund, respectively, as provided herein. H. Once issued, the Bond shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to the Pledged Revenues, from the levy of the Pledged Taxes as provided in the Act. I. Within six months following the close of each Fiscal Year, the City will cause the accounts created hereunder to be audited by independent certified public accountants in accordance with appropriate audit standards. Said audit will be available for inspection by the registered owners of the Bond. Section 19. Additional Bonds and Subordinate Bonds. The City reserves the right to issue Additional Bonds from time to time payable from the Pledged Revenues, and any such Additional Bonds shall share ratably and equally in the Pledged Revenues with the Bond; provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time and demonstrating that the coverage required under the Act for the issuance of alternate bonds payable from the Revenues shall have been met for the Outstanding Bond. The City also reserves the right to issue revenue bonds from time to time payable from the Revenues that are subordinate to the Bond or Additional Bonds and are payable from the money remaining in the Surplus Account created hereunder after making required deposits into the Alternate Bond and Interest Account (2011), and after setting aside the amounts required pursuant to Section 12(c) of this Ordinance. 36 CH12_2665111.7 Section 20. Bonds No Longer Outstanding. The Bond which is no longer an Outstanding Bond as defined in this Ordinance shall cease to have any lien on or right to receive or be paid from Pledged Revenues or Pledged Taxes and shall no longer have the benefits of any covenant for the registered owners of the Outstanding Bond as set forth herein as such relates to lien and security of the Bond in the Pledged Revenues or Pledged Taxes. Section 21. Provisions a Contract. The provisions of this Ordinance shall constitute a contract between the City and the owners of the Outstanding Bond and no changes, additions, or alterations of any kind shall be made hereto, except as herein provided, so long as there is an Outstanding Bond. Section 22. Use of Proceeds. The proceeds derived from the sale of the Bond shall be used as follows: A. Proceeds in the amount of $543,500.56 shall be credited to the Alternate Bond and Interest Account (2011) and applied to pay interest due on the Bond through December 30, 2012. B. The City shall allocate from the Bond proceeds the sum necessary for (i) payment of any municipal bond insurance premium required to be paid to the bond insurer insuring the Bond (the "Bond Insurer") which shall be remitted directly to the Bond Insurer, and (ii) expenses incurred in the issuance of the Bond which shall be deposited into a separate fund, hereby created, designated the "Expense Fund," (the "Expense Fund") to be maintained by the Treasurer and disbursed to pay costs and expenses of issuance of the Bond. Disbursements from such fund shall be made from time to time upon the direction of the Treasurer and such disbursements are hereby authorized. Any excess in said fund shall be deposited into the Alternate Bond and Interest Account (2011) after six months from the date of issuance of the 37 CH 12_2665111.7 Bond, and any deficiencies in the Expense Fund shall be paid by disbursement from the Alternate Bond and Interest Account(2011). C. The balance of the principal proceeds derived from the sale of the Bond, together with such moneys on deposit in the Bond Funds created pursuant to the Prior Ordinances and as may be required by bond counsel, shall be used to provide for the Refunding and applied to pay the redemption price of the Refunded Bonds on the date of issuance of the Bond, by paying such amount to the paying agent for the Refunded Bonds. Section 23. Call of the Refunded Bonds. In accordance with the redemption provisions of the Prior Ordinances, the City by the Corporate Authorities does hereby make provision for the payment of and does hereby call (subject only to the delivery of the Bond) the Refunded Bonds for redemption and payment prior to maturity on the date of issuance of the Bond. Notwithstanding the provisions of the Prior Ordinances the holder of the Prior Bonds has agreed to the redemption of the Prior Bonds on the date of issuance of the Bond at a redemption price of 100% of the principal amount of the Prior Bonds, plus accrued interest to the date of redemption. Section 24. No Continuing Disclosure Undertaking. As the Bond is being issued as a single Bond in a denomination in excess of$100,000 and was offered to a limited number of sophisticated investors, the Bond is exempt from the continuing disclosure requirements of Rule 15c 2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended. Section 25. General Tax Covenants. The City hereby covenants that it will not take any action, omit to take any action, or permit the taking or omission of any action, within its control (including, without limitation,making or permitting any use of the proceeds of the Bond) if taking, permitting, or omitting to take such action would cause the Bond to be an arbitrage 38 CH12_2665111.7 bond or a private activity bond within the meaning of the Code or would otherwise cause the interest on the Bond to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from Federal income taxation for interest paid on the Bond, under present rules, the City is treated as the "taxpayer" in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in the Bond or agreements as may be prepared by counsel approving the Bond; (c) to consult with such counsel and to comply with such advice as may be given; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e)if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 26 Registered Form. The City recognizes that Section 149 of the Code requires the Bond to be issued and to remain in fully registered form in order for the interest thereon to be and remain tax-exempt. In this connection, the City agrees that it will not take any action to permit the Bond to be issued in, or converted into,bearer or coupon form. Section 27. Pertaining to the Bond Registrar. If requested by the Bond Registrar, any officer of the City is authorized to execute a standard form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar under this Ordinance. In addition to the terms of such agreement and subject to modification thereby, the Bond Registrar by acceptance of duties under this Ordinance agrees (a) to act as registrar, paying 39 CH12_2665111.7 agent, authenticating agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to cancel and/or destroy the Bond which has been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to the Bond cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of the Bond paid, the principal amount of the Bond outstanding and payments made with respect to interest on the Bond. The City covenants with respect to the Bond Registrar, and the Bond Registrar further covenants and agrees as follows: A. The City shall at all times retain a Bond Registrar with respect to the Bond; it will maintain at the designated office(s) of such Bond Registrar a place or places where the Bond may be presented for payment, registration, transfer, or exchange; and it will require that the Bond Registrar properly maintain the Bond Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs, and practices of the municipal securities industry. B. The Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on the Bond, and by such execution the Bond Registrar shall be deemed to have certified to the City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to any transfer or replacement Bond. Any Bond Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Bond Registrar shall,however,be responsible for any representation in its certificate of authentication on the Bond. 40 CH 12_2665111.7 C. The City may remove the Bond Registrar at any time. In case at any time the Bond Registrar shall resign, shall be removed, shall become incapable of acting, or shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Bond Registrar or of the property thereof shall be appointed, or if any public officer shall take charge or control of the Bond Registrar or of the property or affairs thereof, the City covenants and agrees that it will thereupon appoint a successor Bond Registrar. The City shall give notice of any such appointment made by it to each registered owner of any Bond within twenty days after such appointment in the same manner. Any Bond Registrar appointed under the provisions of this Section shall be a bank, trust company, or national banking association maintaining its principal corporate trust office in Illinois and having capital and surplus and undivided profits in excess of $100,000,000. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Bond Registrar. Section 28. Defeasance. Any Bond which (a) is paid and cancelled, (b) which has matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon, or (c) for which sufficient United States of America dollars and direct United States Treasury obligations have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on the Bond when due at maturity or as called for redemption, if applicable, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the bond moneys hereunder and shall no longer have the benefits of any covenant for the registered owner of the outstanding Bond as set forth herein as such relates to lien and security of the outstanding Bond. All covenants relative to the tax- exempt status of the Bond; and payment, registration, transfer, and exchange, are expressly continued for the Bond whether an outstanding Bond or not. 41 CH12_2665111.7 Section 29. Municipal Bond Insurance. In the event the payment of principal and interest on the Bond is insured pursuant to a municipal bond insurance policy (the "Municipal Bond Insurance Policy") issued by the issuer of any municipal bond or financial guaranty insurance policy, and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of the Bond, subrogation of the rights of the holder of the Bond to said issuer when holding the Bond, amendment hereof, or other terms, as approved by the Corporate Authorities on advice of counsel, their approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this section. Section 30. Superseder and Effective Date. All ordinances, resolutions, and orders, or parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect upon its passage and approval as provided by law. 42 CH12_2665111.7 ADOPTED by the Corporate Authorities on the day of October, 2011, pursuant to a roll call vote as follows: GEORGE GILSON,JR. MARTY MUNNS CARLO COLOSIMO CHRIS FUNKHOUSER LARRY KOT DIANE TEELING JACQUELYN MILSCHEWSKI ROSE ANN SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the day of October, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the day of October, 2011. Attest: CITY CLERK 43 CH12_2665111.7 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF ORDINANCE AND MINUTES 1, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the "City"), and as such officer I am the keeper of the books, records, files, and journal of proceedings of the City and of the City Council (the"Corporate Authorities") thereof. I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the legally convened regular meeting of the Corporate Authorities held on the day of October, 2011, insofar as same relates to the adoption of an ordinance numbered and entitled: ORDINANCE NUMBER 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 and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008, prescribing all the details of said bonds, and providing for the collection and segregation of revenues sufficient to pay such bonds. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of said Meeting was duly given to all newspapers, radio or television stations, and other CH12_2665111.7 news media requesting such notice, that an agenda for said Meeting was posted at the location where said Meeting was held and at the principal office of the Corporate Authorities by at least p.m. on 2011; a true, correct and complete copy of the agenda is attached hereto as Exhibit A; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City this day of , 2011. City Clerk (SEAL) [Attach Agenda hereto as Exhibit A] 2 CH12_2665111.7 1 .z a I <# 1 .l's .i t0> 1. •* .�-s{Z` 1 .+ Y.y,. r r United City of Yorkville,Kendall County,Illinois $11,150,000 General Obligation Refunding Bonds, Series 2011 Refunds Series 2005D and Series 2008 Private Placement-Final Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 11/10/2011 - - 12/30/2011 66,280.56 66,280.56 (66,280.56) 06/30/2012 238,610.00 238,610.00 (238,610.00) 12/30/2012 238,610.00 238,610.00 (238,610.00) - 06/30/2013 238,610.00 238,610.00 238,610.00 12/304013 660 000.00 4.280% 238,610.00 898,610.00 898,610.00 1,137,220.00 06/30/2014 - - 224,486.00 224,486.00 224,486.00 12/30/2014 685,000.00 4.280% 224,486.00 909,486.00 909,486.00 1,133,972.00 06/30/2015 - - 209,827.00 209,827.00 209,827.00 12/30/2015 715,000.00 4.280% 209,827.00 924,827.00 924,827.00 1,134,654.00 26 06/30/2016 - - 194,5 .00 194,526.00 194,526.00 12/30/2016 745,000.00 4.280% 194,526.00 939,526.00 939,526.00 1,134,052.00 06/30/2017 - - 178,583.00 178,583.00 178,583.00 12/30/2017 780,000.00 4.280% 178,583.00 958,583.00 958,583.00 1,137,166.00 06/30/2018 - - 161,891.00 161,891.00 161,891.00 12/30/2018 810,000.00 4.280% 161,891.00 971,891.00 971,891.00 1,133,782.00 06/30/2019 - - 144,557.00 144,557.00 144,557.00 12/30/2019 845,000.00 4.280% 144,557.00 989,557.00 989,557.00 1,134,114.00 06/30/2020 - - 126,474.00 126,474.00 126,474.00 12/30/2020 885,000.00 4.280% 126,474.00 1,011,474.00 1,011,474.00 1,137,948.00 06/30/2021 - - 107,535.00 107,535.00 ) 12/30/2021 920,000.00 4.280% 107,535.00 1,027,535.00 1,027,535.00 1,135,070.00 06/30/2022 - - 87,847.00 87,847.00 87,847.00 12/30/2022 960,000.00 4.280% 87,847.00 1,047,847.00 1,047,847.00 1,135,694.00 06/30/2023 - - 67,303.00 67,303.00 67,303.00 12/30/2023 1,000,000.00 4.280% 67,303.00 1,067,303.00 1,067,303.00 1,134,606.00 06/30/2024 - 45,903.00 45,903.00 45,903.00 12/30/2024 1,045,000.00 4.280% 45,903.00 1,090,903.00 1,090,903.00 1,136,806.00 06/30/2025 - 23,540.00 23,540.00 23,540.00 12/30/2025 1,100,000.00 4.280% 23,540.00 1,123,540.00 1,123,540.00 1,147,080.00 Total $11,150,000.00 - $4,165,664.56 $15,315,664.56 (543,500.56) $14,772,164.00 - Ser 2011 Ref 2005D 2008 1 1 Issue Summary 1 10121/2011 1 9:59 AM 3.. 4.. .�.. - Financial,Speer Public Consultants Since 1954 Reviewed By: O Agenda Item Number J) -t� Legal `t ` Finance ■ ADM#2 EST -� leas Engineer ❑ City Administrator '< 01 ` Human Resources E] Tracking Number ®� O Community Development F-1�EcW;��® Police F-1 ADM 2011-56 Public Works ❑ Agenda Item Summary Memo Title: Tax levy estimate Meeting and Date: City Council— October 25, 2011 Synopsis: Approval of a tax levy estimate, for purposes of holding a public hearing Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ail Memorandum To: City Council EST. . _ 1836 From: Bart Olson, City Administrator Q ! CC: �« p Date: October 21, 2011 Subject: Tax Levy Estimate 4.E �L!• Recommendation from the Committee The Administration Committee voted 3-1 to recommend approval of the tax levy estimate at $3,626,000 as described in Director Fredrickson's memo to the committee (attached). Action Requested Approval of the$3,626,000 tax levy estimate, for purposes of conducting a public hearing on the City's property tax levy. Tax Levy process Once an estimate figure is endorsed by the Cit�Council, a public notice will be drafted and published for a public hearing at the November 8t' City Council meeting. This would allow the City Council discuss the tax levy at the November 8th,November 22nd, and December 13t1i City Council meetings. The tax levy ordinance must be approved before or at the December 1311' meeting, as state statutes require the tax levy to filed with the County by close of business on the last Tuesday of December(December 27th). Once an estimate figure is endorsed by the City Council, the final tax levy ordinance figure cannot be greater than the original estimate PUBLIC NOTICE OF PROPOSED PROPERTY TAX LEVY FOR THE UNITED CITY OF YORKVILLE I. A public hearing to approve a proposed property tax levy increase by THE UNITED CITY OF YORKVILLE for 2011 will be held November 8, 2011 at 7:00 P.M. at the City Council Chambers, 800 Game Farm Road, Yorkville, Illinois. Any person desiring to appear at the public hearing and present testimony to the taxing district may contact Bart Olson, City Administrator, 800 Game Fann Road, Yorkville, Illinois 630-553- 4350. II. The corporate and special purpose property taxes extended for 2010 were $3,324,417. The proposed corporate and special purpose property taxes to be levied for 2011 are$3,626,060. This represents a 9.07% increase over the previous year. III. The property taxes extended for debt service and public building commission leases for 2010 were $2,933,589. The estimated property taxes to be levied for debt service and public building commission leases for 2011 are$1,525,488. This represents a 48.00% decrease over the previous year. IV. The total property taxes extended or abated for 2010 were $6,258,007. The estimated total property taxes to be levied for 2011 are $5,151,548. This represents a 17.68% decrease over the previous year. CO.o N Memorandum c EST.; 1636 To: Administration Committee = _ From: Rob Fredrickson, Finance Director 0 (� Co p Date: October 14, 2011 Subject: Proposed 2011 Tax Lev kE J P Y Please see attached for the proposed 2011 Tax Levy, which would fund fiscal year 2013. The amounts presented also include the requested and extended amounts for the 2009 (FY 2011) and 2010 (FY 2012) tax levies, 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($125,000 increase over the 2010 levy),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(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 amount requested to be approved for the tax levy estimate for purposes of holding a public hearing is $3,626,060, which allows for a margin of error on our estimate of the tax cap(due to EAV figures not being finalized with the County) and allows us to discuss any amount less than that figure. As a reminder, the process for establishing the City's property tax levy consists of three main parts: 1. Council votes to approve the tax levy estimate. 2. Hold a public hearing on the tax levy estimate. 3. Council votes to approve the tax levy ordinance. The first step in this process will be conducted at the October 25"'meeting. The public hearing on the tax levy estimate is currently scheduled for the November 8"'with final approval slated for either the November 22`d or December 13"'City Council meeting. Per state statute,the deadline for filing the levy with the County is Tuesday,December 27"', 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 Rate Property Type EAV Property Tvve EAV Property Type Settine EAV Farm $ 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 Increment Industrial $ 6,921,977 Industrial $ 6,820,310 State Railroad $ 17,328 State Railroad $ 17,328 Total City $ 578,268,436 Total City $ 539,068,780 Total City $ 498,526,380 2009 2009 2009 2010 2010 2010 2011 2011 Est. %Changeover Levy Request Lew 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* $ - $ - $ - 0.00000 0.41048 $ 2,212,735 $ 2,212,770 $ (35) 0.14643 S 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 $ 12,963 0.05844 0.06439 $ 347,098 $ 334,384 $ 12,714 0.07021 $ 350,000 4.67% Police Pension $ 350,000 $ 337,073 S 12,927 0.05829 0.06957 $ 375,000 $ 361,284 $ 13,716 0.10030 $ 500,000 38.40% Audit $ 57,000 $ 54,936 $ 2,064 0.00950 0.01020 $ 54,936 $ 52,990 $ 1,946 0.00802 $ 40,000 -24.51% Liability Insurance $ 350,000 $ 337,073 $ 12,927 0.05829 0.06384 $ 344,129 $ 331,527 $ 12,602 0.00802 $ 40,000 -87.93% Social Security $ 317,124 $ 305,441 $ 11,683 0.05282 0.05667 $ 305,441 $ 294,332 $ 11,109 0.06018 $ 300,000 L.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 $ 922 0.00430 0.00464 $ 25,000 $ 24,098 $ 902 0.01003 $ 50,000 107.48% Subtotal City S 2,626306 $ 2,529,057 $ 97,249 0.43735 0.92066 S 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 S 1,255,961 S (36) 0.21720 0.25894 $ 1,395,800 S 1,395,820 $ (20) 0.29998 S 1,495,488 7.14% Total City(PTELL&Non-PTELL) S 3,882,231 S 3,785,018 $ 97,213 0.65455 I.I7960 $ 6,358,499 S 6,258,007 $ 100,492 1.03336 $ 5,151,548 -17.68% less Bonds&Interest $ 605,925 $ 605,949 S (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 $ 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 5,151,548 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) S 326,379 Series 2007A (51) $ 133,454 Series 2004B (52) $ 270,167 Total $ 730,000 Chart 3 FY 2012 2013 2014 2015 2016 2017 City property tax(non-library, estimate) $2,600,000 $2,639,000 $2,691,780 $2,745,616 $2,800,528 $2,856,538 Non-abatement property taxes $2,212,735 $730,000 $590,000 $460,000 $320,000 $250,000 Total $4,812,735 $3,369,000 $3,281,780 $3,205,616 $3,120,528 $3,106,538 Percentage change each year -30.0% -2.6% -2.3% -2.7% -0.4% $6,000,000 --- ---- $5,000,000 $4,000,000 $3,000,000 ■Non-abatement property taxes $2,000,000 ■City property tax(non-library) $1,000,000 $0 —� 2012 2013 2014 2015 2016 2017 0 C/.?.� Reviewed By: O Agenda Item Number J - Legal ` �: „ .ass Finance PKBD #1 EST. `.__ 1836 Engineer ❑ City Administrator O '` ; ~ Human Resources ❑ Tracking Number O ""„oya, Community Development ❑ Police F-1 CC 2011-121 Public Works ❑ Agenda Item Summary Memo Title: Albin and Sons Premises Use Agreement Meeting and Date: City Council—October 25, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Co.y o Memorandum To: City Council EST. -,L '1836 From: Bart Olson, City Administrator j CC: 0� L = p` Date: October 21, 2011 �G• xs�c� �� Subject: Albin and Sons remises use agreement 4.E J p b� Committee action This item was recommended for approval by Park Board in December 2010. Background The purpose of this premises use agreement is to permit Albin and Sons, the state- approved contractor for the Glen D Palmer Dam Bypass construction project, to keep a coffer dam gravel pile on City property from October 1, 2011 through December 31, 2011. In exchange for the City's permission, Albin has agreed to provide a base for the City parking lot that will eventually be built in the same area. This use agreement is necessary because the State's contract with Albin and Sons has expired, so Albin does not currently have permission to leave the gravel pile at its current location. This use agreement was reviewed by the Park Board in December 2010 because the state's contract with Albin was scheduled to expire on December 31, 2010 —and then the contract was extended to September 30, 2011. When the contract was extended, the Park Board's review of the use agreement and the City's need to approve a lease agreement became unnecessary. Since the extended contract has since expired, it is necessary to review the premises use agreement again. The trade The City will give Albin and Sons the right to maintain the existing gravel pile on the property through December 31, 2011. In exchange, Albin and Sons will give the City gravel to use as a parking lot base by December 31, 2012. Other less important terms of the trade are included within the attached agreement. Recommendation Staff recommends approval of the premises use agreement with Albin and Sons. LICENSE AGREEMENT This Agreement entered into this day of October, 2011, between the United City of Yorkville, Kendall County, an Illinois Municipal corporation (hereinafter referred to as "City"), and Albin Carlson & Co., an Illinois corporation (hereinafter referred to as "Albin"). WITNESSETH: WHEREAS, the City is a duly organized and validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the owner of property commonly known as Riverfront Park; and WHEREAS, Albin is currently working on a dam bypass at Riverfront Park and as a result of the cofferdam removal operation a large amount of stone and gravel has been excavated and stored east of the Riverfront Building which Albin would like to store on a portion of the City's Riverfront Park property; and WHEREAS, Albin in consideration of the use of the City's Riverfront Park property has agreed to furnish and place a portion of the stone as a base for a new City parking facility in Riverfront Park and in the future to provide at-cost unit pricing for the asphalt paving of the City's Riverfront Park parking lot; and WHEREAS, the City and Albin desire to enter into this License Agreement to benefit the completion of the canoe and fish bypass channel at Riverfront Park and to benefit the City by obtaining the base for a new City parking lot at Riverfront Park and the at-cost paving of that lot in the future. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and Albin agree as follows: 1. The City in consideration of the benefits to the City herein specified and covenants and agreements contained herein to be performed by Albin, hereby grants a license to Albin over a portion of Riverfront Park ("the premises") commonly described as that portion of the City's Riverfront Park as shown on the attached Exhibit A attached hereto and made a part hereof by reference. 2. The term of this license shall be effective from the date first written above until December 31, 2012 except as otherwise subsequently provided and approved by the City in writing. 3. Albin agrees to provide to the City as consideration for the use of the premises not less than 1700 cubic yards of on-site material suitable for intended use in a size and type approved by the City to be placed at the location as approved by the City. Albin agrees to spread the gravel in locations approved by the City. Albin also agrees in the future to place the asphalt over this base as specified by the City at an at-cost rate within 90 days of notice by the City to install the parking lot surface. The City shall have the sole authority and responsibility to design the parking lot, excavate to subgrade, make subgrade repairs, and place geotextile fabric (if needed)prior to grading of the gravel by the City. 4. The premises shall be used for only the following purposes unless otherwise approved in writing by the Director of Public Works: A. storage of rock and stone from Albin's cofferdam removal operation, B. storage of construction vehicles, C. storage of construction materials, and D. the crushing of rock and stone 5. Albin acknowledges that the following uses are prohibited from the premises: A. the storage of diesel or unleaded gasoline or any petroleum product in containers larger than ten gallons, B. the mixing of concrete, C. any operation creating noise or any other nuisance between the hours of 7 p.m. until 7 a.m., and D. any other nuisance activity as determined by the City Engineer or Director of Public Works after written notification to Albin. 6. Albin agrees; A. To obtain a building permit from the City for all activities that require a permit from the City. B. To comply with all existing or future ordinances of the City, including the City's Sediment and Erosion Control Ordinance. C. To operate its activities on the site in compliance with any written instructions or directions given by the City's Engineer or Director of Public Works D. To maintain the existing chain link fence around the premises. E. To install a silt fence adjacent to the woods to prevent any wash from draining into the woodland. F. To remove the tree from the premises that is currently buried under the stock pile. G. To compensate the City for any damage caused to the premises during removal of the material. H. To remove all material removed from the site by December 31, 2011. 7. Albin may, at Albin's sole cost and expense, make such changes, alterations, or improvements as may be necessary to fit the premises for its use, and all fixtures and improvements installed by Albin shall remain the property of Albin, who shall remove them upon the termination of this license, provided that removal shall be done in such a manner as not to injure or damage the premises. Should Albin fail to remove the fixtures or improvements as provided above after receipt of notice from City, City may remove them and dispose of them as it sees fit, and Albin agrees to assign, transfer, and set over to City all of Albin's right, title, and interest in the fixtures, improvements, and any personal property not removed by Albin. Albin further agrees that should the City remove the fixtures and improvements as provided above, Albin will pay the City upon demand the cost of that removal, plus the cost of transportation and disposition of that removed. 8. Albin shall pay all taxes levied and assessed upon the premises as a result of this license. 9. Albin represents that Albin has inspected and examined the premises and accepts them in their present condition, and agrees that City shall not be required to make any improvements or repairs upon the premises or any part of them. Albin agrees to make all improvements and repairs at Albin's sole cost and expense, and agrees to keep the premises safe and in good order and condition at all times during the term (including but not limited to cutting the grass and fence repairs), and upon expiration of this license, or at any sooner termination, Albin will quit and surrender possession of the premises peaceably and in as good order and condition as the premises were at the commencement of the term with the addition of the gravel parking lot base, reasonable wear, tear, and damage by the elements excepted; Albin further agrees to leave the premises free from all nuisance and dangerous and defective conditions. 10. Neither the premises nor any portion of them shall be sublet, nor shall this license, or any interest in it be assigned by Albin, and any attempted assignment, or subletting of this license shall be of no force or effect, and shall confer no rights upon any assignee, or sublessee. 11. Albin shall hold the City harmless from any loss, cost, or damage that may arise in connection with this license or the use of the demised premises by Albin, or his/her agents, or employees, or any other person using the premises; and Albin agrees to comply with the City's insurance requirements including the indemnity/hold harmless provisions which requirements are attached hereto and made a part hereof as Exhibit B. 12. City may terminate this license at any time it should be determined by its Mayor and City Council that public necessity and convenience require it to do so, by serving upon Albin in the manner subsequently provided, a written notice of its election so to terminate, which notice shall be served at least 30 days prior to the date in the notice named for such termination. 13. In the event that Albin shall be in default in the performance of any of the terms or conditions agreed to be kept and performed by Albin, then in that event, City may terminate and end this license upon 14 days written notice, and City may enter upon the premises and remove all persons and property, and Albin shall not be entitled to any money for consideration given to the City; in the event that City shall bring a legal action to enforce any of the terms of this license, or to obtain possession of the premises by reason of any default of Albin, or otherwise, Albin agrees to pay City all costs of the legal action,plus the sum of twenty-five thousand dollars ($25,000.00). 14. In the event that Albin holds over and remains in possession of the demised premises with the consent of City, that holding over shall be deemed to be from month to month only, and upon all of the same terms, covenants, and conditions as contained here. 15. Any notices that are required here, or which either City or Albin may desire to serve upon the other, shall be in writing and shall be deemed served when delivered personally, or when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Albin at: Albin Carlson& Co. 745 South Rohlwing Road Addison, Illinois 60101 Attention: Doug Nichele, V.P. or addressed to City at: United City of Yorkville 800 Game farm Road Yorkville, Illinois 60560 Attention: Bart Olson, City Administrator 16. Waiver by City of any default in performance by Albin of any of the terms, covenants, or conditions contained here, shall not be deemed a continuing waiver of that default or any subsequent default. 17. Albin agrees to comply with all laws, ordinances, rules, and regulations that may pertain or apply to the premises and their use. 18. Albin agrees that City, its agents, or employees may enter upon the premises at any time during the term or any extension of it for the purpose of inspection, digging test holes, making surveys, taking measurements, and doing similar work necessary for the preparation of plans for improvements on the premises, with the understanding that the work will be performed in such a manner as to cause a minimum of interference with the use of the property by Albin. 19. All of the terms, covenants, and conditions contained here shall continue and bind all successors in interest of Albin. IN WITNESS, WHEREOF, the City and Albin have executed this License Agreement effective the day and year first above written. ALBIN CARLSON & CO. By ATTEST: Date: UNITED CITY OF YORKVILLE By Gary Golinski, Mayor ATTEST: Date: Beth Warren, City Clerk EXHIBIT A THE PREMISES SITE A EXHIBIT B INSURANCE REQUIREMENTS i fuL-fit i F - v '' '_tad _ �+•A° ,Y .•Y- Area of use by Albin Geneva Kayak , e `' t , { n- �i i United City of Yorkville GIS The Data Is provided without warranty or any representation of x accuracy,timeliness,or completeness.It Is the responsibility f the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and w s Provided By Kendall County GIS appropriateness of its use.The United Clty of Yorkville makes no �� warranties,expressed or implied,to the use of the Data, s