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City Council Packet 2010 09-28-10 D C/T United City of Yorkville 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 < i Telephone : 630 - 5534350 Fax : 630-553 -7575 <kE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7 : 00 p .m. Tuesday, September 28, 2010 Call to Order : Pledge of Allegiance : Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling Establishment of Quorum: Introduction of Guests : Amendments to Agenda : Committee Meeting Dates : Public Works Committee Meeting: 6: 00 p .m. , October 19, 2010 City Hall Conference Room Economic Development Committee: 6 : 30 p .m. , October 5 , 2010 City Hall Conference Room Administration Committee Meeting: 6 : 00 p .m. , October 21 , 2010 City Hall Conference Room Public Safety Committee Meeting: 6 : 00 p .m . , September 30, 2010 City Hall Conference Room Presentations : 1 . AAIM Certificates of Appreciation for DUI Enforcement Presented to Officer Ryan Goldsmith and Officer Mitchell Carlyle 2 . Police Pension Overview by Todd Overmyer City Council Meeting Agenda September 28 , 2010 Page 2 .--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------ Public Hearings , -------------- --------------------------------------------------------- ------ --------------------------------------------_------ ---- ----------- Citizen Comments : Consent Agenda , 1 . ADM 2010-47 Monthly Treasurer' s Report for August 2010 2 . ADM 2010-26 Riverfront Park Building Concession Lease RFP - approve as presented 3 . PW 2010-64 Fountain Village — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by October 15, 2010 4 . PW 2010-65 Fountain Village — Sitework Letter of Credit Reduction No . 1 - authorize a reduction to Standard Bank and Trust Company Letter of Credit No. 11953 in the amount of$665, 3 77. 90, subject to verification that the developer has no outstanding debt owed to the City for this project 5 . PW 2010-66 2010 Miscellaneous Bituminous Patching — Bid Results and Supplemental MFT Appropriation Resolution - award contract to Aurora Blacktop, Inc. in an amount not to exceed $59, 185. 50 and authorize City Clerk to execute the Supplemental MFT Appropriation Resolution in an amount not to exceed $5, 000. 00 Plan Commission / Zoning Board of Appeals : Minutes for Approval (Corrections and Additions) , Minutes of City Council — August 10, 2010 Minutes of Special City Council — August 10, 2010 Bill payments for approval from the current Bill List (Corrections and Additions) : Checks total these amounts : $ 1 ,017 ,014. 56 (vendors) $ 6,753 . 90 (payroll period ending 8/31 / 10) $ 241 , 847 .22 (payroll period ending 9/ 11 / 10) $ 1 ,265 ,615 . 68 (total) Reports : Mayor' s Report : 1 . CC 2010-73 Board and Commission Vacancies 2 . PW 2010-68 Vacation of Jefferson Street and a Portion of Ridge Street City Council Report: 1 . CC 2010-74 Holiday Under the Stars Event Discussion City Attorney' s Report : City Council Meeting Agenda September 28 , 2010 Page 3 Reports (cont' d) : City Clerk ' s Report: City Treasurer ' s Report: City Administrator' s Report: Finance Director' s Report: Director of Parks & Recreation Report: City Engineer' s Report : Director of Public Works Report: Chief of Police Report : Community Development Director Report : Community Relations Officer: Community & Liaison Report : Committee Reports : Public Works Committee Report: 1 . No report. Economic Development Committee Re ort: 1 . No report. Public Safety Committee Report , 1 . No report. Administration Committee Report : 1 . ADM 2010-48 Ordinance Amending the Code of Ordinances Establishing a Cultural Commission — First Reading Additional Business : Executive Session : 1 . For the discussion of minutes lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2 . 06 , 2 . 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. Adjournment : City Council Meeting Agenda September 28 , 2010 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES -------------------------------------- [PUBLIC WORKS - - Committee Departments Liaisons Chairman : Alderman Plocher Public Works Park Board Vice-Chairman : Alderman Gilson Engineering YBSD Committee: Alderman Munns Parks and Recreation Committee: Alderman Teeling --------------------------------------------------------------------i CONOMIC DEVELOPMENT[ ----------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice-Chairman : Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp . Committee: Alderman Werderich Kendall Co . Plan Commission Committee: Alderman Sutcliff 11 VBLIC SAFETY, -- -- --- - -- ---------------------- .----- ------- -------------------------------------------------------------------------------- --------- ---------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm . Vice-Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman Plocher - -- -------- - ------------- ------- [ADMINISTRATION[ -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Sutcliff Finance Library Vice-Chairman : Alderman Teeling Administration Committee: Alderman Gilson Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, September 28, 2010 7 : 00 PM CITY COUNCIL CHAMBERS AMENDMENTS TO AGENDA : ...........-.................-.... .....................................................................-........................... ..... ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS : 1 . AAIM Certificates of Appreciation for DUI Enforcement Presented to Officer Ryan Goldsmith and Officer Mitchell Carlyle 2 . Police Pension Overview by Todd . Overmyer ------------------------------------------------------------------------------ --------------------------------- -------------------------- CITIZEN COMMENTS : ------------------------------------------------------ ----------------------------------------------------------------------------------- CONSENT AGENDA : ............--...............................................---...........................--- ........................--........... ------ 1 . ADM 2010-47 Monthly Treasurer' s Report for August 2010 ❑ Approved : Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2 . ADM 2010-26 Riverfront Park Building Concession Lease RFP ❑ Approved : Y N ❑ Subject to ❑ Removed ❑ Notes 3 . PW 2010-64 Fountain Village — Letter of Credit Expiration ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2010-65 Fountain Village — Sitework Letter of Credit Reduction No . 1 ❑ Approved : Y N ❑ Subject to ❑ Removed ❑ Notes ........... ............--------------..............---------........-.............-....................-.........-................. ------ 5 . PW 2010-66 2010 Miscellaneous Bituminous Patching — Bid Results and Supplemental MFT Appropriation Resolution ❑ Approved : Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL : 1 . City Council — August 10 , 2010 ❑ Approved ❑ As presented ❑ As amended 2 . Special City Council — August 10, 2010 ❑ Approved ❑ As presented ❑ As amended ...........................-...................-.......-................................................................................ BILL LIST : ❑ Approved ❑ As presented ❑ As amended ❑ Notes i MAYOR' S REPORT : 1 . CC 2010-73 Board and Commission Vacancies ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ............-------........--............-...... ... ....... .....-................................................................... ...... 2 . PW 2010-68 Vacation of Jefferson Street and a Portion of Ridge Street ❑ Approved : Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes CITY COUNCIL REPORT : 1 . CC 2010-74 Holiday Under the Stars Event Discussion ❑ Approved : Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes i II I I ----------------------------------------------------------------------------------------------------------------------------------- ------ REPORTS : ------------------------ ----------------------------------------------------------------------------------------------------------------- I i i i I i i i I ---------------------------------------------------------------------------------------------------------------------- ------------------- ADMINISTRATION COMMITTEE REPORT : ------------------------------------------------------------------------------------------------------------------------ ----------------- 1 . ADM 2010-48 Ordinance Amending the Code of Ordinances Establishing a Cultural Commission ❑ Approved : Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ADDITIONAL BUSINESS : C /Ty Reviewed By: Agenda Item Number J= Legal ❑ Ca EST. ❑ 1 1836 Engineer El Tracking Number City Administrator ❑ Cow%Seel ; �O Consultant ❑ �l � ` ❑ ADM 2010-47 <kE `w Agenda Item Summary Memo Title : Treasurer' s Report for August 2010 Meeting and Date : City Council 9/28/ 10 Synopsis : Council Action Previously Taken : Date of Action : Action Taken : Item Number: Type of Vote Required : Council Action Requested : Submitted by: Rachel Wright Finance Name Department Agenda Item Notes : United City of Yorkville Kendall County, IL Monthly Treasurer' s Report Financial Summary As of August 31, 2010 Beginning August August Ending FYTD FY Budgeted FYTD FY Budgeted Fund Balance Revenues Expenses. Balance Revenues Revenue Expenses Expenses 01 General ( 177957561 ) 930,535 11062,869 ( 13927,895) 41255 , 187 11 ,433 ,024 43062,761 11 ,3765981 11 Fox Hill SSA 10,743 11881 968 117656 11 ,737 215808 21307 31458 12 Sunflower SSA 95328 964 15813 82479 71957 19,070 51666 8,253 15 Motor Fuel Tax 406, 105 435250 27,039 422,316 1485662 489,782 285594 4757600 16 Municipal Building (590,324) 450 - (589, 874) 17, 850 (5527474) - - 20 PD Capital 219,700 1 ,938 380 221 ,258 11 ,544 985617 570 104,000 21 PW Capital 140,310 1 ,850 61366 1357794 111850 1755395 331705 139,000 22 Parks & Rec Equip Capital 67, 166 7 - 673173 377 2107960 11775 173, 135 23 City Wide Capital (87453) 200 - (87,253) 56, 125 328 ,322 125,000 606,500 42 Debt Service 415802 75 - 41 ,877 107, 851 4363257 74,702 4299404 51 Water Ops. & Imprv. 15,6477759 455 ,554 122,338 1539807974 9352290 1 ,0597231 8242159 22122,677 52 Sewer 51675 ,925 424,497 90, 869 6,009,553 682,923 1 ,9745023 583 ,216 29020,433 72 Land Cash (2395539) 2,051 25 ,557 (2635045) 106,722 482,641 417331 665 ,449 79 Parks & Recreation 251 ,523 102,349 149, 898 2033974 553 ,577 154805378 449,890 1 ,4615912 80 Recreation Center ( 1847574) 549539 70,510 (200,545) 193 ,933 547,933 2745878 . 6757301 82 Library 8107654 3 ,773 96,939 717,487 609,367 271587985 486,624 27158 ,986 85 Fox Industrial 549,731 3 ,480 - 5535211 135,035 6402924 51175 805433 87 Countryside TIF Project 2,4131643 394 - 234145037 5 ,034 234872993 68,755 274875993 88 Downtown TIF 1787524 11759 - 1809283 44,299 2257213 311 1 ,500 95 Trust & Agency 2,4235620 8551823 22699,628 579, 814 3 ,9841161 - 35453 ,330 - Totals 252949,082 258859368 4,3555173 24,4797276 112879,483 23,7185082 105522,748 2459912015 Note: Revenue deficit to be offset with fund balance. 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. Full detail information is available in the Finance Department. William Powell, Treasurer Fund Balance Reserve Aug- 10 Jul- 10 Jun- 10 May- 10 Apr- 10 Mar- 10 Feb- 10 Jan- 10 General Fund - 16.95% - 15 .78% -9.71 % -23 . 14% - 18 .46% - 16.23% - 15 .24% - 11 .93% Water Ops. & Imprv. 752 . 87% 737. 17% 745 .51 % 735 .29% 777.31 % 774.51 % 778 . 80% 772.76% Sewer Ops. & Imprv. 297.44% 280.93% 285 .77% 295 .21 % 302.33% 298 .66% 299.99% 305 .22% Combined Fund Balance 129.3 % 125 . 8% 132.0% 122.0% 1 126.96% 127.78% 129.25% 131 .57% Prepared by: Rachel Wright SUBJECT TO REVISIONS BASED ON YEAR END JOURNAL ENTRIES AND AUDITOR ADJUSTMENTS. Reviewed By : Agenda Item Number O� Legal ■ EST 1836 Finance ❑ Engineer ❑ -< y City Administrator ■ Tracking Number 0 t. .. �1 �0 Police ❑Human Resources ❑ ADM 2010 - 26 KWI"�Lj�4 � ' �ti�♦ Public Works ❑ City Council Agenda Item Summary Memo Title : Riverfront Building Concession Lease RFP City Council / Committee Agenda Date : City Council — September 28 , 2010 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 I Submitted by : Bart Olson Administration Name Department Agenda Item Notes : ♦��© cip o� Memorandum ,, � To : City Council �sT 1 _ ts3s From: Bart Olson, City Administrator 0;P `" ` p Date : September 24, 2010 Subject: Concession Lease RFP ,1_ . 71 m,� . . The draft RFP in the City Council was passed out of Administration Committee two weeks ago . The only changes to the documents since that meeting are as follows : 1 ) There was no proposal due date in the document, but I verbally presented that if approved by Council, the due date would be roughly four weeks from City Council approval (a few days to publicize the RFP, and 3 or 4 weeks for people to tun in a proposal) . a. The due date is Friday, October 29, 2010 at 3pm. 2) The term of the lease was left blank in the RFP, with references to a two-year term, with two, two-year option terms after the initial term. I clarified the section by stating that explicitly. 3 ) I added a cover memo that will be attached to the RFP and given to interested parties. I cork Ib AN 0 Memorandum To : Proposers EST, 1 rase From: Bart Olson, City Administrator CC : Date : September 22, 2010 Subject: Yorkville Riverfront Building Concession Lease RFP CE Attached is a concession-lease request for proposals document for the City ' s riverfront building at 301 E Hydraulic Street. This building occupies a small section in the middle of Riverfront Park, and has previously been used as administrative offices and storage space for the Parks and Recreation Department. There are three distinct office areas flanking an open lobby area, and a bathroom and small storage building. A tour of the building will be scheduled sometime in mid-October. This use of this building represents a unique opportunity for the City and for the lessee. As you may be aware, the Glen Palmer Dam bypass is set to open later this year. This bypass contains a unique whitewater recreation component that is expected to draw canoe and kayak enthusiasts from around the region and around the country. While the use of the riverfront building does not have to be focused on river recreation options, the City does wish the use to be complementary to the features and the potential high traffic pattern of the park. An awarded proposer will likely' be chosen based on the alternatives proposed to the lease agreement (i. e, rent greater than the listed amount) , the proposed use of the building, and the operating history of the partners involved. For example, an entrepreneur with an existing, successful coffee shop and bakery that wishes to start a new coffee shop and bakery that wishes to market its products and availability to park users and offers the City $ 1000 in rent and 6% of total gross revenues is likely to be viewed more favorably than an upstart accountant who wants to use the building for an accountant ' s office that offers the City the $200 rent and 5 % total gross revenues that are set as the minimum in the RFP . Creativity in the use of the building and the terms of the lease agreement are encouraged. All proposals must be received by the date listed within the RFP . The Park Board and a committee of the City Council will each review all of the proposals and are likely to direct staff to negotiate a lease agreement with one proposer. Pending successful negotiations, the lease agreement will have to be approved by the entire City Council. "Likely" means that the choice will be made with input from three different governing boards — Park Board, a committee of the City Council, and the City Council — all with input from staff. The criteria regarding the decision to select an organization to negotiate a lease with is ultimately at the discretion of the City Council. United City of Yorkville REQUEST FOR PROPOSAL Name of Proposing Company : Project Name : Riverfront Building Lease Proposal No . : Proposal Due: Friday, October 29, 2010 at 3 : 00 pm Proposal Opening: Friday, October 29, 2010 at 3 : 01 pm Required of All Proposers : Deposit: Not Required Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Lessee : Performance Bond/Letter of Credit: Not Required Certificate of Insurance: Required Legal Advertisement Published: N / A Date Issued: September 30, 2010 This document consists of 22 pages . Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a * . doc (Microsoft Word) or * .pdf (Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to : BART OLSON INTERIM DIRECTOR OF PARKS AND RECREATION UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553 -4350 FAX: 630- 553 -7575 www.yorkville.il. us 1 United City of Yorkville The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8 : 00 A.M. to 4 : 30 P . M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560 . SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The City Council reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS 11. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT, INVALIDATION COULD RESULT. Proposers MUST submit an original, 2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 2 United City of Yorkville I . REQUEST FOR PROPOSALS 1 . GENERAL 1 . 1 . Notice is hereby given that the United City of Yorkville will receive sealed proposals up to October 29, 2010 at 3 : 00 pm. 1 .2 . Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road on Wednesday, January 6, 2010 at 3 : 01 pm. 13 . Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1 .4 . Proposal forms shall be sent to the United City of Yorkville, ATTN : Bart Olson, in a sealed envelope marked " SEALED PROPOSAL" . The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1 . 5'. By submitting this proposal, the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential proposer. 2 . PREPARATION OF PROPOSAL 21 . It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations, provisions, and conditions surrounding the proposed services . 2 .2 . No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five (5) business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposers of record . 23 . In case of error in the extension of prices in the proposal, the hourly rate or unit price will govern . In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2 .4 . All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2 . 5 . The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3 United City of Yorkville 3 . MODIFICATION OR WITHDRAWAL OF PROPOSALS 3 . 1 , A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal, provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3 .2 . A Proposal that is in the possession of the City may be withdrawn by the proposer, up to the time set for the proposal opening, by a letter bearing the signature or name of person authorized for submitting proposals . Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety (90) days from the date set for the proposal opening, unless otherwise specified. 4. DELIVERY 4 . 1 . All proposal prices are to be quoted, delivered F . O .B . City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560 . 5 . TAX EXEMPTION 5 . 1 , The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 6. RESERVED RIGHTS 6 . 1 , The City of Yorkville reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subLessees as may be in the best interest of the City . Time and date requirements for receipt of proposal will not be waived. II. TERMS AND CONDITIONS 7. CITY ORDINANCES 7 . 1 . The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 8 . USE OF CITY'S NAME 8 . 1 . The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City . 9. INDEMNITY AND HOLD HARMLESS AGREEMENT 9 . 1 . To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subLessees, and the Proposer, its employees, or its subLessees, and the Proposer shall at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the 4 United City of Yorkville Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify, keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its SubLessees . 10. NONDISCRIMINATION j 10 . 1 . Proposer shall, as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal, the Proposer certifies that he is an equal opportunity employer" as defined by Section 2000(e) of Chapter 21 , Title 42 , U . S . Code Annotated and Executive Orders # 11246 and # 11375 , which are incorporated herein by reference. The Equal Opportunity clause, Section 6 . 1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois, is a material part of any contract awarded on the basis of this proposal . 10 . 2 . It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, physical or mental handicap, sexual orientation, or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U . S . C . Secs . 2000 et seq. , The Human Rights Act of the State of Illinois, 775 ILCS 511 - 101 et. seq. , and The Americans With Disabilities Act, 42 U. S . C . Secs. 12101 et. seq. 11 . SEXUAL HARASSMENT POLICY 11 . 1 . The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 11 . 1 . 1 . Notes the illegality of sexual harassment; 11 . 1 .2 . Sets forth the State law definition of sexual harassment; 11 . 1 . 3 . Describes sexual harassment utilizing examples; 11 . 1 . 4. Describes the Proposer's internal complaint process including penalties; 11 . 1 . 5 . Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 11 . 1 . 6 . Describes the protection against retaliation afforded under the Illinois Human Rights Act, 12. EQUAL EMPLOYMENT OPPORTUNITY 121 . In the event of the Proposer ' s non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be 5 United City of Yorkville i I canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Proposer agrees as follows : 12 . 1 . 1 . That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 12 . 12 . That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department' s Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized . 12 . 1 . 3 . That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military services . 12 . 1 . 4 . That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Proposer' s obligations under the Illinois Human Rights Act and the Department ' s Rules and Regulations . If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 12 . 1 . 5 . That it will submit reports as required by the Department' s Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department ' s Rules and Regulations . 12 . 1 . 6 . That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department' s Rules and Regulations . 12 . 1 . 7 . That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subLessee. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subLessees; and further it will promptly notify the contracting agency and the Department in the event any subLessee fails or refuses to comply therewith. In addition, the Proposer will not utilize any subLessee declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its 6 United City of Yorkville political subdivision or municipal corporations. 13 . DRUG FREE WORK PLACE 13 . 1 . Proposer, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by: 13 .2 . Publishing a statement: ( 1 ) Notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, including cannabis, is prohibited in the City' s or proposer' s workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contact or grant, the employee will : (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five ( 5) days after such conviction. 133 . Establishing a drug free awareness program to inform employee ' s about: ( 1 ) the dangers of drug abuse in the workplace; (2) the City' s or proposer' s policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations . 13 .4 . Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 13 . 5 . Notifying the contracting or granting agency within ten ( 10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 13 . 6 . Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 13 . 7 . Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place . 13 . 8 . Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. i 14. PREVAILING WAGE ACT 14. 1 . Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/ 1 et seq. , for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 14.2 . Proposer and each subLessee shall keep or cause to be kept an accurate record of names, 7 United City of Yorkville occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four (4) years following completion of the contract. 15 . INSURANCE REQUIREMENTS 15 . 1 . Prior to the beginning of the contract period, Lessee and any SubLessees shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use, which may arise out of operations by the Lessee or SubLessee or any Sub-Sub Lessee or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City: i Workers Compensation $ 500,000 Statutory Employers Liability $ 1500000 Each Accident $ 1 ,0005000 Disease Policy Limit $ 1 ,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $ 1 ,000 ,000 Each Accident Umbrella Liability $ 35000,000 15 . 2 . Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents , 153 . Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles . 15 .4 . Workers Compensation coverage shall include a waiver of subrogation against the City. 15 . 5 . Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 15 . 6 . Lessee and all SubLessees shall have their respective Comprehensive General Liability (including products/completed operations coverage), Employers Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the "City of Yorkville, its officers, officials, employees and volunteers" as "additional insureds" with 8 United City of Yorkville respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Lessee of SubLessee employees, or the employees of SubLessee' s subLessees of any tier, however caused , related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 15 . 7 . Lessee and all SubLessees shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A- VIII. In the event that the Lessee or any SubLessee fails to procure or maintain any insured required by the Contract Documents, the City may, at its option, purchase such coverage and deduct the cost thereof from any monies due to the Lessee or SubLessee, or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 15 . 8 . All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. Renewal certificates shall be provided to the City not less than five (5) prior to the expiration date of any of the required policies . All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance, or to advise Lessee or SubLessee of any deficiencies in such documents, and receipt thereof shall not relieve the Lessee or SubLessee from, nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 16, COMPLIANCE WITH OSHA STANDARDS 16 . 1 . Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 17. SUBLETTING OF CONTRACT 17 . 1 . No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the Director of Parks and Recreation. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 18. TERM OF CONTRACT 18 . 1 . This contract may be extended no more than twice for subsequent annual periods (two annual extensions) by mutual agreement of both parties, providing such agreement complies with City purchasing policies and the availability of funds. However, if this contract is not one that is subject to extension, such information will be available in the detailed specifications or special conditions section, supra . 9 United City of Yorkville 19, TERMINATION OF CONTRACT 19 . 1 , The City reserves the right to terminate the whole or any part of this contract, upon thirty (30) days written notice to the Awarded Proposer, in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms . In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City to the Awarded Proposer, 20. BILLING & PAYMENT PROCEDURES 20 . 1 . Payment will be made upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures . 20 . 2 . The City shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 505/ 1 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 203 . Please send all invoices to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560 , 21 , RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 21 . 1 . The relationship between the City and the Proposer is that of a Lessor and Lessee. 22, STANDARD OF CARE 22 . 1 . Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinions, and documents or otherwise. 22 .2 . If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City, the professional services necessary to correct errors and omissions caused by Proposer' s failure to comply with the above standard and reported to Proposer within one ( 1 ) year from the completion of Proposer' s services for the Project. 23 , GOVERNING LAW 23 . 1 , This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions . Venue is proper only in 10 United City of Yorkville the County of Kendall and the Northern District of Illinois . 24 , SUCCESSORS AND ASSIGNS 24 . 1 . The terns of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers . 25, WAIVER OF CONTRACT BREACH 25 . 1 . The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 26. AMENDMENT 26 . 1 . This Agreement will not be subject to amendment unless made in writing and signed by all parties . 27. SEVERABILITY OF INVALID PROVISIONS 27 . 1 . If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 28 . NOTICE 28 . 1 . Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows : Director of Parks and Recreation City of Yorkville 800 Game Farm Road, Yorkville, IL 60560 And to the Proposer as designated in the Contract Form. III . DETAILED SPECIFICATIONS 29. DEFINITIONS 29. 19 For the purpose of the Contract, definitions of certain terms are listed below . Certain words or phrases, when used in the Contract shall have the same meaning given to them in this section. Other terms shall be defined within applicable subsections. Awarded proposer shall mean the firm which the City has selected to negotiate a contract, 11 United City of Yorkville and pending successful completion of contract negotiations, shall become the Lessee Concession Lease Agreement shall mean the agreement awarded by the Lessor to the Lessee that governs use of the property and grants the Lessee the right to operate a business within the property, subject to restrictions . Contract shall mean the agreement created by and consisting of the Contract Documents and Concession Lease Agreement Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Concession Lease Agreement Lessee shall mean the film with which the City has executed the Concession Lease Agreement. Day shall mean Calendar Day unless otherwise stated. Proposer shall mean a firm that has submitted a full and complete response to this Request for Proposals. Specifications shall mean specifications identified in the Contract. 30 , OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT 30. 1 . In general terms, the City is seeking to grant a lessee the exclusive privilege of operating a business on the premises generally located at 301 E Hydraulic Street in Yorkville, and as more specifically described in this document. 30.2 . For purposes of evaluating the proposer' s experience and certifications, copies of resumes for all proposed operators, managers and major employees for the business are required in the proposal. Relevant work history and experience in operating a business of the nature as herein described shall be used in the evaluation of the proposal and selection of the awarded proposer. 30 . 3 . The City shall have the right at all times to inspect the premises occupied by the Lessee in conducting its services and sales. 30 .4 . The lessee shall be responsible for all taxes and personal property, and maintenance work on the building and immediate premises . Any capital improvements done on the premises over $ 10,000 in value shall be approved by the Park Board prior to commencement. Any capital improvements done on the premises of $ 10,000 or less shall be approved by the Director of Parks and Recreation prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed, bonded, and insured. 30. 5 . At the end of the agreement term, the City shall conduct an inspection of the premises, and the lessee shall be informed of the outcome of said inspection. The lessee shall be 12 United City of Yorkville responsible for returning the premises to its original state, subject to the discretion of the Park Board. 30 . 6 . The lessee does not have exclusive rights to all concession operations within the park, but rather, only to the specific operation at the specific location as described in the Concession Lease Agreement, 30 . 7 . The City agrees to furnish to the Lessee access to City water and sewer utilities . The Lessee is responsible for applicable usage payments for all utilities (sewer, water, electricity, phone, internet, etc .) . The lessee is responsible for costs associated with utility connections and upgrades . 30. 8 . If the lessee chooses not to occupy the building through the winter months, the lessee shall take all necessary precautions and measures to properly winterize the building. These precautionary measures shall include, but not be limited to, maintaining a minimum level of heat no less than 50 degrees Fahrenheit to protect the building from extreme freezing conditions. If alternative methods of winterizing are to be utilized, those methods shall be subject to approval from the property owner. 30 . 9 . The City has no control nor responsibility for the construction progress of the dam bypass and whitewater features, and therefore makes no guarantees nor warrants that construction will be complete by a certain date or time. The lessee assumes all risks associated with the nature of the unknown opening date for the dam bypass and whitewater features . 31 . PAYMENTS AND OTHER REPORTS TO THE CITY 31 . 1 . The lessee is required to submit certain payments, forms, financial statements, and other items on a timely basis . Failure to submit any of the required items in a timely fashion may result in breach of the agreement. 31 .2 . The lessee, at minimum, shall make payments equivalent to 5 % of the annual sum of the total adjusted gross receipts . Said payment shall make said payment prior to February 1 of each year. 31 . 3 . The lessee, at minimum, shall make premises rental payments of $200 per month for each month through the life of the agreement, due prior to the first of each calendar month. 31 .4 . The lessee shall provide the City with a security deposit in the amount of $ 5 ,000, to be due to the City prior to start of the agreement term. Said deposit shall be held until after the end of the term of the agreement, and will be used to offset any damage to the premises. 31 . 5 . The lessee shall provide to the City, prior to the start of the lease, confirmation of insurance coverage for the premises and the operations of the business for the entire term , with the City named as additional insured on all policies . 31 . 6 . The lessee shall provide to the City, prior to the start of the lease, confirmation of business interruption insurance coverage for the operations for the entire lease. In the event 13 United City of Yorkville that the City is the cause of the business interruption and agrees to credit the lessee an amount to offset the business interruption, said amount will be credited against the security deposit or future rent payments, at the City' s discretion. 31 . 7 . Failure to meet any deadline for payment will result in an interest charge of 10% on said late payment. 31 . 8 . The lessee is required to submit an annual concession financial statement by January 30 of each year. 32 . FIRM QUALIFICATIONS AND EXPERIENCE 32 . 1 . The proposal shall state the size of the firm and the number and nature of the staff to be employed under this contract on a full-time and/or part-time basis . 32 . 2 . The proposal should identify the principal supervisory and/or management staff who would be assigned to this contract. The firm should also provide information on the relevant experience of its firm on similar engagements. 32 . 3 . The City retains the right to approve or reject staff replacements of the successful bidder. If it is deemed necessary, background checks may be required of the successful bidders personnel that will be employed under this contract. 33 . TERM OF CONTRACT 33 . 1 . The term of the Contract shall be negotiated in the contract, but will generally be for a two year-period with the City having an option to exercise two, two-year option terms . The Lessee may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty ( 120) days before the termination of the existing contract. 34. PRINCIPAL CONTACT FOR CITY 34 . 1 . The principal contact for the City that will coordinate assistance to the proposers will be Bart Olson, Interim Director of Parks and Recreation, 630-553 -4350 or bolson(&,yorkville .il.us . 35. ALTERNATIVES AND DEVIATIONS 35 . 1 . The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Lessee. 35 .2 . Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Lessee shall use Appendix 3 , Schedule of Alternatives and Deviations, for listing other alternatives . 35 . 3 . If the Lessee is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached 14 United City of Yorkville for each deviation. The Lessee shall use Appendix 3 , Schedule of Alternatives and Deviations, for listing proposed deviations . 35 . 3 . 1 . If the Lessee does not indicate alternatives to or deviations from the specifications, the City shall assume it is able to fully comply with these specifications. The City shall be the sole and final judge of compliance with all specifications. !i 35 . 3 .2 . The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service . 36. EMPLOYEES 36 . 1 . The Lessee shall undertake to perform all services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, orderly and courteous personnel . The Lessee shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her job while on duty or in the course of performing their duties under this contract. The Lessee shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator' s license for the type vehicle he/she is driving . The Lessee ' s employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Lessee and the City Designated Representative 37, ACCIDENT PREVENTION 37 . 1 . Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with safety provisions . 38. TAXES, LICENSES & PERMITS 38 . 1 . The Lessee shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or the Lessee in connection with the Lessee ' s facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Lessee shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 39. DEFAULT 39 . 1 . If the Lessee fails to observe any portion of the Concession Lease Agreement and there has not been sufficient cause to justify such lack of observance, the City shall serve notice, either personally or by affixing such notice to the local premises of the Lessee, that this contract shall be in default if the Lessee does not take action to remedy failure the schedule within twenty-four (24) hours of said notice. If at the end of the twenty-four (24) hour period, the Lessee has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Lessee . The Lessee will be liable for any costs of such steps from the date of the notice of default. If 15 United City of Yorkville deemed necessary by the City' s Designated Representative, the City shall have the right to take over all equipment and facilities of the Lessee for a period of up to one-hundred-twenty ( 120) days from the date of notice of default. 16 United City of Yorkville i IV . PROPOSAL FORM * * *THIS PROPOSAL, WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES . Entire Block Must Be Completed When A Submitted Proposal Is To Be Considered For Award PROPOSER. Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name & Title ATTEST : If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE . ATTEST: Authorized Signature Signature of City Clerk Title Date Date I In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services at the standards described herein within the time specified above. PROPOSER'S CERTIFICATION (page 1 of 3) 17 I United City of Yorkville With regard to , proposer hereby certifies (Name of Project) (Name of Proposer) the following: 1 . Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating) ; 2 . Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS § 12- 105 (A)(4) ; 3 . Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville, Kendall County County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the City of Yorkville . All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/ 1 et seq. , for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four (4) years following completion of the contract. Proposer certifies that proposer and any subLessees working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, Lessee and subLessee . The City shall not be liable for any underpayments. If applicable : Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Lessee agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C . F .R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5 . Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s) to the Department of Revenue, Proposer has entered into an agreement with the Department of PROPOSER'S CERTIFICATION (page 2 of 3) 18 United City of Yorkville Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY : Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of , 20_1 Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows : President: Secretary: Treasurer: and it does have a corporate seal . (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership : PROPOSER' S CERTIFICATION (page 3 of 3) 19 United City of Yorkville The partnership does business under the legal name of: which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is : and if operating under a trade name, said trade name is : which name is registered with the office of in the state of 5 . Are you willing to comply with the City ' s preceding insurance requirements within 13 days of the award of the contract? Insurer' s Name Agent Street Address City, State, Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that I/we have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature : Signature: Date: 20 United City of Yorkville I APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum payment percentages and amounts, and other standards as outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Alternative/Deviation Section Paragraph Explanation of 21 United City of Yorkville APPENDIX 6 LESSEE QUALIFICATIONS Name of Business : Business Address : Mailing Address: Business Number: Emergency Number: Fax Number: Ownership : Individual Partnership Corporation Franchise or Parent Company (if applicable) : List all Partners, Managers, and Corporate Officers : Name Title Residence Phone Days of Operation: Business Hours : Number of Employees : Supervisors : Drivers : Office Personnel : 22 oReviewed By: Agenda Item Number J WO Legal ❑ AAA EST. , 1636 Finance ❑ Engineer ■ Tracking Number O U City Administrator El 7d Q xS�e Consultant ❑ Kewlal ❑ PW 2010-64 SCE Agenda Item Summary Memo Title : Fountain Village — Letter of Credit Expiration Meeting and Date : City Council 9/28/ 10 Synopsis : Recommend that the City Clerk be authorized to call this letter of credit if it is not Renewed by October 15 , 2010 . Council Action Previously Taken : Date of Action: N/A Action Taken : Item Number: Type of Vote Required : Majority Council Action Requested : Approval Submitted by : Joe Wywrot Engineering Name Department Agenda Item Notes : 0 1A Memorandum EST. , 1836 To : Bart Olson, City Administra r From : Joe Wywrot, City Engineer i� - p CC : Lisa Pickering, Deputy City 1 rk Kathy Orr, City Attorney <LE ��• Date: September 13 , 2010 Subject : Fountain Village — Letter of Credit Expiration Attached find a letter from Standard Bank and Trust Company extending the letter of credit expiration date for the Fountain Village development to November 5 , 2010, and notifying us that the letter of credit will expire on that date. This letter of credit, in the current amount of $ 1 , 079,916 . 00, guarantees completion of all regional land improvements for this development. This letter of credit was originally due to expire on May 5 , 2010, but because of our standard 90-day notification requirement it remained in effect. This past July we were notified by the bank that this LOC would expire on August 51h, but then received the attached renewal notification to November 5"' along with a promise from the bank that they would renew the LOC for a year. We have not received that renewal . I will again notify the developer that this letter of credit needs to be renewed, and I anticipate that it will . In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to October 15 , 20101 Please place this item on the Public Works Committee agenda of September 21 , 2010 for consideration. �V VVV ♦ R. F \ � ju STANDARD BANKAND TRUST CO. A STANDARD BANCSHARES, INC. Bank IRREVOCABLE STAND-BY LETTER OF CREDIT NO, 11953 July 23 , 2010 BENEFICIARY : City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor and Alderman APPLICANT : Crest Lake Holdings LLC 2250 Weber Road Crest Hill, IL 60403 BANK: AMOUNT : $ 150793916 . 00 Standard Bank & Trust Company ISSUE DATE : June 14 , 2006 7800 W . 95th Street NEW EXPIRY DATE : November 5 , 2010 Hickory Hills, IL 60457 Please be advised that we are extending the expiration date of our Letter of Credit 411953 to November 5 , 2010 . Drafts drawn under this Letter of Credit must be presented to us at our office located at: 7800 W. 95th St. , Hickory Hills, IL 60457, together with the original Letter of Credit and other documents, if any, required under that Letter of Credit on or before 1 : 00 P .M . , on November 5 , 20101 All other terms and conditions remain unchanged. Sincerely, STANDARD BANK & TRUST COMPANY i By: By : Kelly . Beaty Michael LaMonica Presid t Vice President Member FDIC www. standardbanks. com Equal Housing Lender C/41% Reviewed By: Agenda Item Number J , -e Legal ❑ OA A u EST. 1836 Finance ❑ Engineer ■ Tracking Number 161 City Administrator F-1 0� C ir., �O Consultant ❑w* El PW 2010-65 ` SCE `w Agenda Item Summary Memo Title : Fountain Village — Sitework LOC Reduction No . 1 City Meetin and Date .. Y Council9/28/ 10 g Synopsis : Recommend a reduction to the sitework letter of credit in the amount of $ 665 ,377 . 90 . The remaining LOC amount would be $414, 538 . 10, Council Action Previously Taken : Date of Action : N/A Action Taken : MEN Item Number: Type of Vote Required : Majority Council Action Requested : Approval Submitted by : Joe Wywrot Engineering Name Department Agenda Item Notes : OWO Memorandum rid EST. , ; 1836 To : Bart Olson, City Administr r From : Joe Wywrot, City Engineer p p CC : Lisa Pickering, Deputy City Cl rk < LE �� Date: September 15 , 2010 Subject: Fountain Village — Sitework LOC Reduction No . I Standard Bank & Trust LOC No . 11953 I Attached find a request from the developer ' s consulting engineering for a reduction to the sitework letter of credit for the Fountain Village development, which is located on the west side of Route 47 , just north of Route 71 . I have reviewed the amount of work completed to date and recommend a reduction to Standard Bank & Trust Company Letter of Credit No . 11953 in the amount of $ 665 ,377 . 90 . The remaining amount of the letter of credit would be $414, 538 . 10 . Please refer to the attachment for details . This remaining amount also covers an additional 130 pine trees to be located along the western edge of the development as a buffer for the adjacent residential area. This additional landscaping was negotiated with the developer after the original letter of credit was established. Since the initial amount of this letter of credit is in excess if $ 1 ,000,000, Resolution 2009-40 requires that this reduction be approved by the City Council . Please place this item on the September 21 , 2010 Public Works Committee agenda for consideration. SEC Group , Inc . An HR Green Company September 15 , 2010 Mr. Joseph Wywrot, P . E . City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE : Fountain Village — Letter of Credit Reduction SEC Job No . : 050737-3 Dear Mr. Wywrot : On behalf of Crestlake Holdings LLC , we request the United City of Yorkville to reduce the letter of credit for the public improvements . It is my understanding that many of the punch list items were completed as well . We respectfully request you review this request as soon as you are able, since the developer has a bond expiring soon. I have attached a spreadsheet of the request as well as a copy of the Record Drawings for your reference . If you have any questions or require any additional information, please call . I may be reached at (630) 553 -7560 . Sincerely, SEC Group, hic . , an HR Green Company Peter 7JHuinker, P .E. , LEED A.P . Site Manager PJH/jmk Enclosure \\HRGYNrNAS\SEC\YorkDatal \Jobs\Smith\2005\050737 Route 47 & 71 Commercial\Correspondence\letters\05 07 37-3-LO C-REDUC-091510.doc progress. innovation. expertise. 651 Prairie Pointe Drive, Suite 201 1 Yorkville, IL 60560 Phone: 630.553.7560 1 Fax: 630.553.7646 1 www.secgroupine.com City of Yorkville 15-Sep-110 Letter of Credit/Bond Reduction Subdivision : , Fountain ,Village �� i „ I � �`I ° ' �”"`� � Date of original bond/LOC is ' Ju1�06 u „ I, I�. .- r , i� IFI 1 Yl ,f Will it r Reduction No. 1 ti `rix��' i, r^ � }„ I �� ENR-CC Index for date of original bond/LOC . ' 7721 7. ' Cy. � u '. IIIII J , I + f � rt Bond/LOC No . Standard Bank 8� Trust LOC #111'953'7 ; Current ENR-CC Index: 885Zp1 , h I.I , PI�1 Ir� LOC/Bond Appro v ed Original amount Amount complete prior r Amount of Amount to remain Item Eng . Est. for LOC/Bond to Reduction Noll Reduction No. 1 after Red . Noll Earthwork � ' x- 197, 761 81 L $217, 537 98 , �w , - ' $11177,98 62 $ 151 , 748 . 95 $652789 .03 Erosion Control ;_ $36, 3$0 a01 $40 , 018 00 �� ' " $ 1,8;�1190100�� $ 12, 891 . 79 $27, 126 .21 : fir r, San . Sewer I �` IltI �, $27, 870 i $ 30 , 657 00 < � $267476 50 $22, 824 .22 $7, 832 . 78 I. " ' ' $63; 534:10 , $ 54, 769 .93 $ 18, 795 .87 Watermain ` $66, 878 001 $73, 565 80 , �� , a � � � Storm Sewer i „ 16 , 690 001 $ 178, 959 00 :, °�I ' r � $146421,.00�;1 $ 1242837 .24 $54, 121 . 76 J nil ,w; Pavement $305, 4,87 b " $336, 035 70 ' e�' � ; ; � $274938',3�;r ' $234,409 .94 $ 101 , 625 . 76 PI �$ '� �` I $ 13815106 ?! a'� $63, 895 . 85 $ 139 , 246 . 67 Landscaping; 2'23;675 + 00`I $203 , 142 52 V , Totals $ 1 ,020 , 741 .80 $ 1 , 0792916 .00 $846 , 051 . 77 $6652377. 90 $414, 538 . 10 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. ♦,��D C/ ry Reviewed By: Agenda Item Number J= ? O� Legal ❑ l , A Finance ❑ ES 1836 T. -\� Engineer ■ Tracking Number 0� City Administrator F] COUFUse O Consultant ❑ PW 2010-66 SCE `Vv jAgenda Item Summary Memo Title : 2010 Misc. Bituminous Patching — Bid Results & Supplemental MFT Appropriation Resolution City Meeting and Date •. Y Council9/28/ 10 Synopsis : Recommend award to Aurora Blacktop for the bid amount of $ 59, 185 . 50, and Adoption of a supplemental MFT resolution in the amount of $ 5000 . Council Action Previously Taken : Date of Action: N/A Action Taken : Item Number: Type of Vote Required : Majority Council Action Requested : Approval Submitted by : Joe Wywrot Engineering Name Department Agenda Item Notes : Memorandum EST. '� ysss To : Bart Olson, City Administrato From : Joe Wywrot, City Engineer O CC : Lisa Pickering, Deputy City C1 r Eric Dhuse, Director of Public Works Date: September 16, 2010 Subject : 2010 Miscellaneous Bituminous Patching — Bid Results & Supplemental MFT Appropriation Resolution Bids were received at l Oam on September 16, 2010 for the referenced project. This project consists pavement patching on Kennedy Road and Game Farm Road. The following bids were received : Aurora Blacktop, Inc. $ 59 , 185 . 50 1065 Sard Ave. Montgomery, Illinois 60538 Engineer' s Estimate $49,966 . 00 The only bid received is about 19% above the engineer' s estimate of cost. Possible reasons for the higher-than- expected bid are the small size of the project and the use of MFT funding where only certain contractors are eligible to bid. IDOT requires that we have sufficient funds appropriated for a project prior to awarding a contract for that project. After the project is awarded IDOT would allow us to reduce the cost by reducing the scope of work. Previously we adopted an MFT appropriation resolution in the amount of $ 55 ,000 to fund this project. If we are to award the contract, we must also pass a supplemental resolution to cover the difference in cost. The attached resolution in the amount of $ 5 ,000 is for this purpose. Our alternatives are to not award the project, or to revise the contract documents and re-bid the project. I recommend that the contract be awarded to Aurora Blacktop, Inc. for the bid amount of $ 59, 185 . 50 and that the supplemental MFT appropriation resolution in the amount of $ 5000 be approved. After the contract is awarded, we would reduce the scope of work to keep the final construction cost at or near the $ 50 ,000 originally budgeted for this project. Please place this item on the Public Works Committee agenda of September 21 , 2010 for consideration. Resolution for Maintenance of Illinois Department Streets and Highways by Municipality of Transportation Under the Illinois Highway Code BE IT RESOLVED , by the City Council of the (Council or President and Board of Trustees) United City of Yorkville Illinois , that there is hereby (City, Town or Village) (Name) appropriated the sum of $5 , 000 .00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from May 1 , 2010 (Date) to April 30 , 2011 (Date) BE IT FURTHER RESOLVED , that only those streets , highways , and operations as listed and described on the approved Municipal Estimate of Maintenance Costs , including supplemental or revised estimates approved in connection with this resolution , are eligible for maintenance with Motor Fuel Tax funds during the period as specified above . BE IT FURTHER RESOLVED , that the Clerk shall , as soon a practicable after the close of the period as given above , submit to the Department of Transportation , on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period ; and BE IT FURTHER RESOLVED , that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation , at Ottawa , Illinois . I , Jacquelyn Milschewski Clerk in and for the United City (City, Town or Village) of Yorkville County of Kendall hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council at a meeting on (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) City Clerk (City, Town or Village) Approved Date Department of Transportation Regional Engineer II BLR 14230 Rev. 11 /06 Panted 9/16/2010 ( ) 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, AUGUST 10, 2010 Mayor Burd called the meeting to order at 7 :06 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milscliewski called the roll. Ward I Gilson Present Werderich Present Ward I I Golinski Present Plocher Present Ward III Munns Absent Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, Attorney Orr, City Administrator/hiterim Director of Park and Recreation Olson, Deputy Chief of Police Hilt, Public Works Director Dhuse, Public Relations Officer Spies, Community Development Director Barksdale-Noble, and Building Inspector Zabel. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., August 17, 2010 City Hall Conference Room Economic Development Committee: 6 :30 p.m., September 7, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., August 19, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., August 26, 2010 City Hall Conference Room PRESENTATIONS Certificate of Recognition — Eagle Scout Jimmy Robbins Mayor Burd presented Jimmy Robbins with a Certificate of Recognition for attaining the level of Eagle Scout. For his project he designed a compass course at Hoover Outdoor Education Center for the Kendall County Forest Preserve District and purchased units to navigate the course. Mr. Robbins stated that he reached his goal with help from his family, troop and the community. . PUBLIC HEARINGS None. CITIZEN COMMENTS Miriam Manthei with Friends of the Library informed the City Council that they would be holding a used book sale during Hometown Days. The group was still taking donations of gently used books. Proceeds will be used to pay for guest speakers and equipment such as a podium. I Dave Schramer, Fox Highlands, expressed his concern with the rash of burglaries over the last four to five weeks. He requested additional police protection to address the situation. I li The Minutes of the Regular Meeting of the City Council — August 10, 2010 — page 2 Walt Stagner, Wildwood, asked if the burglary situation in Fox Highlands was widely known about. Mr. Schramer stated that residents in the area are aware and that one robbery was publicized. Mr. Stagner asked if the suspect was dangerous. Mr. Schramer stated that it was thought that the suspect was a youngster. Mr. Stagner noted that people are living in historic times with the economy being so bad. He stated that he found it hard to believe that the city was considering $8 million dollars for bike trails. He asked the City Council to vote against it. He suggested that people be asked if they want to donate to the paths. Angel Trenado, E. Fox Street, stated that he has been having a problem with water drainage and flooding in his basement. He stated that he contacted the city but did not receive a good response. He indicated that he has had to gut his home due to the issue and his insurance is not covering the damage. Attorney Orr questioned if this was a matter for the City Council. Mr. Trenado stated that the city staff indicated that they would look at the drain. Attorney Orr suggested he meet with Administrator Olson. Administrator Olson interjected that there has been a delay with the city's insurance adjuster coming out due to the back log of flood claims. Mr. Trenado felt that if the drain had been maintained he would not have had this problem. Attorney Orr stated staff would look into the matter and get back to him. Chris Monkhauser, Kylyns Ridge, commented that the $8 million bond referendum for bike paths will total $ 12.5 million in the proposed twenty years to pay it off. Originally it was proposed to use the bonds to complete trails per the 80/20 split with IDOT but other specialized projects have been added. He felt it was a frivolous waste of money. He noted that people are making cuts to survive but the city is asking them to pay additional dollars for bike trails. He encouraged the City Council to vote against the referendum. George Frost of Yorkville stated he did not know about the additional paths added into the referendum. He asked what projects were added. Mayor Burd explained that the additional project will be discussed later in the meeting when the issue comes up for a vote. Mr. Frost noted that water bills have increased, police pay is on hold, etc. He asked how the City Council could approve something so outlandish during such dire straits. He asked the City Council to say no to the referendum. CONSENT AGENDA None. PLAN COMMISSION/ZONING BOARD OF APPEAL Director Barksdale-Noble reported that the ordinances on the agenda are for a 194' cel I tower on two acres on the northeast corner of Eldamain Road and Route 34. The plans for the tower were presented to the Zoning Board of Appeals and the Plan Commission. Both groups forwarded the ordinances on to the City Council for consideration. Ordinance 2010- 41 Approving a Variance in Height for a Telecommunication Tower For U.S. Cellular (ZBA 2010-02) A motion was made by Alderman Golinski to approve an ordinance approving a variance in height for a telecommunications tower for U . S . Cellular and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. Erick Jenkins with U.S . Cellular gave the City Council the highlights from the Zoning Board of Appeals and Plan Commission meetings such as the setbacks, structural report, landscaping plan, etc. He stated that upon final approval they will be applying for an access permit with Kendall County and a building permit from the city. Alderman Gilson asked if the 194' was the usual height for this type of tower and Mr. Jenkins stated that it was. He explained that the needs of the users were researched and this is the height needed to use the tower' s maximum ability. Alderman Golinski asked if anyone on the Zoning Board of Appeals or Plan Commission opposed the variance and Director Barksdale-Noble stated that one member of the ZBA opposed it due to the impact on future development in the area however there is a five year lease so this can be addressed later. Mr. Jenkins stated that they are mindful of future development and road expansion. Alderman Spears asked if the adjoining properties were informed about the tower and Director Barksdale- Noble stated they were however no one attended the meetings. Alderman Gilson asked how many homeowners were notified and Director Barksdale-Noble stated less than twenty-five. The Minutes of the Regular Meeting of the City Council — August 10, 2010 — page 3 Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye, Sutcliff-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye Ordinance 2010-42 Approving a Special Use Permit Application for a Telecommunication Tower for U.S. Cellular (ZBA 2010-02) A motion was made by Alderman Golinski to approve an ordinance approving a Special Use Permit application for a telecommunications tower for U. S. Cellular and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of June 22, 2010; seconded by Alderman Spears. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated August 4, 2010, totaling the following amounts: checks in the amount of $2,803,381 ,27 (vendors); $230,782 .96 (payroll period ending 7/31/2010); for a total of $3,034, 164.23 ; seconded by Alderman Spears. Alderman Gilson stated that he sent questions to Administrator Olson and he received answers however he wanted more details on the inflatables for the Park & Recreation Department. Administrator Olson explained that this charge was for the supplemental insurance to cover the use of a rental of a bounce house. The cost is $250.00/year for the insurance rider. Alderman Spears asked if the payment of $392.00 to the Mayor' s Caucus was an annual amount and Mayor Burd stated it was. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Spears-aye, Sutcliff-aye, Gilson-aye, Teeling-aye, Golinski-aye, Werderich-aye REPORTS MAYOR'S REPORT Resolution 2010-19 Providing for and Requiring the Submission of a Proposition to Issue $8,000,000 General Obligation Bonds to the Voters of the United City of Yorkville at the General Election to be Held on November 2, 2010 (Bike Trail Referendum) (CC 2010-63) Mayor Burd entertained a motion to approve a resolution providing for and requiring the submission of a proposition to issue $8,000,000.00 General Obligation Bonds to the voters of the United City of Yorkville at the General Election to be held on November 2, 2010 and authorize the Mayor and City Clerk to execute. So moved by Alderman Sutcliff; seconded by Alderman Werderich. Mayor Burd gave background information on the resolution. She stated that she spoke with residents on this subject and found a clear division on trails; some find them frivolous and others feel they are important. She noted that the City Council set trails as a goal many years ago and that the School District supports the referendum. She further noted that the Park & Recreation Department conducted a survey several years ago and residents indicated they wanted more trails. The city also developed an Integrated Transportation Plan (ITP). She explained that IDOT has picked this time to widen Routes 34, 47 and 71 and will pay for a portion of the trails along these routes. She stated she was not comfortable turning down millions of dollars from IDOT when it would only be a $60 increase in real estate taxes for a $200,000.00 home. She felt this was a one time opportunity. She stated that the City Council really doesn 't know where the majority of support lies so it would be voting not on the trails but on letting resident's make a choice. If the majority of residents want trails, they will approve the referendum in November. If not, the referendum will fail and the city can tell IDOT it does not have the funding. She asked the City Council to allow the people to voice their opinion with a referendum. i The Minutes of the Regular Meeting of the City Council — August 10 2010 — page 4 Alderman Spears stated that she has served on the City Council for over twelve years and that bike paths have been discussed at goal setting sessions for years along with boundary agreements, reduced levy rates, waste transfer facilities, baseball diamonds, a senior center, etc. Over the years there have been many goals which were based on the budget and being fiscally responsible. She stated she did not support a binding referendum due to the current economic times and she encouraged the City Council not to support it either. She felt that trails were nice but not a necessity. She noted that a non-binding referendum would gage interest from the community however a binding referendum takes the interest of possibly a minority of people (she cited a 13% turnout in the last Kendall County election) and makes it law. If a non-binding referendum would be on the ballot and approved, the City Council could then review finances and determine if the project could proceed. She felt that people cannot afford an increase in their real estate taxes. She noted that there are ten taxing bodies on a real estate tax bill and if each increased their fees how will people be able to afford it. She agreed that IDOT's partial funding of trails is tempting but felt it may not fit into the budget. She felt that the City Council should be accountable and not place additional financial burdens on the residents. Alderman Golinski stated that lie has been an advocated for trails and a pedestrian friendly city. He noted that Mayor Burd mentioned the ITP which he was involved with. He explained that the group developing the plan met quarterly and they discussed prioritizing trails as well as funding mechanisms. They determined that it was not the proper time to proceed with trails. He stated he had a problem with the mayor because she did not solicit a recommendation from the transportation committee. He agreed that IDOT's funding of 80% of the trails is hard to pass up however maybe the referendum could have been formed in a different way. IDOT is funding twelve miles of trails with the city portion being around $700,000.00. The additional six miles included in the referendum are the remaining $7 million. There may be a time frame on the IDOT trails but there isn 't on the additional mileage. He felt that a smaller referendum could have been developed. He stated that he did not mind giving residents a choice however he bad a problem going $8 million into debt when the city does not even have a fund balance reserve. He wished there had been more discussion on the referendum and in its current form he could not support it. Administrator Olson clarified three things. One, there will not be an official staff recommendation on the resolution. Two, the selection of the additional trails were a suggestion based on the ITP. The resolution authorizes the city to sell $8 million worth of bonds but it does not say how the money has to be spent. Anything costing over $20,000.00 has to be approved by the City Council . They can decide which bike trails should be built. Third, the Park & Recreation Department survey from 2006 went to 1200 homes with 512 responses. The number one amenity requested was bike trails. Mayor Burd asked if the referendum passes, did the city have to issue $8 million in bonds. Administrator Olson explained that the city did not; the referendum sets the maximum amount but not the exact amount. Alderman Golinski clarified that if the referendum is approved the city could just issue bonds for $750,000.00 to pay the 20% match of IDOT funds. Attorney Orr explained that the referendum allows for bonds up to $8 million. She added that she was not sure how long the city has in which to issue the bonds. Mayor Burd indicated that the $750,000.00 is not needed right away but that she has to sign a contract with IDOT within the next six months. Alderman Spears asked Administrator Olson what the city budget and general fund revenue was in 2006 when the survey was taken. Administrator Olson stated that the budget was around $ 14 million and he was unsure of the amount of the fund balance. Alderman Spears stated that now the fund balance is zero so how could the city consider issuing more bonds. Administrator Olson went over the bond process, loan repayment, setting a levy to offset the loan payment (interest and principal), etc. Alderman Spears agreed with Alderman Golinski that the referendum should just be for the amount needed to match ] DOT's offer. Alderman Gilson posed a different view on referendum support than the mayor did. He stated that his contact with residents was overwhelmingly against the referendum. He stated that trails are a great idea but the country is in the worse economic times since the great depression. The people who contacted him were adamant against trails and expressed how the increase in their taxes would negatively impact them financially. He stated that he did not support the referendum. Alderman Werderich stated that he was close to this issue as he promoted trails during his campaign because he felt they would connect the community. He stated he was not changing his opinion however he respected those opinions against the referendum. He commented that this was the most difficult decision he has had to make. He also noted that he had been contacted by people who were on both sides of the issue. He added that he was on the committee for the ITP with Alderman Golinski and many times funding was discussed however a referendum was never discussed. He felt that it was asking too much of residents. He agreed with Aldermen Golinski and Spears in that he would be more comfortable with a The Minutes of the Regular Meeting of the City Council — August 10, 2010 — page 5 more affordable referendum. He asked what the $8 million covered. Administrator Olson directed him to the city's website which has a map of the twelve trails including the ones along Routes 34, 47 and 71 . Also two big bike trail projects were added to the MOT projects; the ComEd trail which would connect Windett Ridge to the downtown and a bridge over the Fox River. The bridge was added because when Route 47 is expanded there will not be room for pedestrians on the bridge. He also explained that MFT funds are the dedicated funding mechanism for IDOT. The only way there wouldn 't be funding is if there was a vote of authorization against the projects. Mayor Burd added that IDOT has construction funds for Routes 47 and 71 and that Yorkville is IDOTs focal point. Mayor Burd noted that the amount of the referendum could be amended. She asked that if it is amended the wording also be amended to include pedestrian walkways so that the funds can be used for sidewalks. Alderman Sutcliff stated she supported the resolution. She felt residents have the right to voice an it opinion on trails. She added that residents have told her they want bike trails and she felt it was a huge priority based on the survey results. A motion was made by Aldennan Plocher to amend the resolution to include pedestrian walkways; seconded by Alderman Werderich. Alderman Spears questioned if the walkways would fall under the 80/20 offer from IDOT. Administrator Olson explained that there are areas where trails are not going to be practical so carriage walks will be installed. Alderman Werderich asked if the amendment was for a pedestrian walkway or right of ways (ROW). Mayor Burd stated it was for walkways needed in areas such as in the downtown where there will only be room for a carriage walk. Alderman Werderich asked for clarification as to what a carriage walk was. Administrator Olson explained that a carriage walk is where there is a sidewalk without a parkway or grassy area. Attorney Orr clarified that a walkway is concrete whereas a ROW is just for land. Alderman Spears asked if IDOT was matching funds for the walkways and Administrator Olson stated that this was not for certain but generally they are interchangeable. He added that some sidewalks are being covered 100% if they replace existing ones. Aldennan Spears asked if the resolution was amended to $750,000.00 would it cover the pedestrian walkways. Administrator Olson explained it was up to the City Council to choose what the funds cover. He indicated that items 1 through 5 of the resolution fall under ( DOT's 80/20 funding. Mayor Burd added that this is not costing anything until the City Council decides which projects to pursue. She stated that IDOT just wants a commitment from the city. Alderman Spears asked if these funds could be allocated to sidewalks in Grande Reserve. Administrator Olson stated that the City Council can determine where they want to spend the money, even outside of the city. Attorney Orr added that the funds can only be used for what is in the resolution; not for sewers roads, etc. Alderman Golinski stated he was concerned with the 80/20 routes. if the city can 't afford its portion will IDOT still build the trails? Mayor Burd stated they would not. Alderman Golinski stated that he would like a specific referendum for a specific amount of money and specific projects. Motion to amend (add pedestrian walkways) approved by a roll call vote. Ayes-6 Nays- 1 Plocher-aye, Werderich-nay, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye, Spears-aye A motion was made by Alderman Golinski to amend the resolution to $ 1 million for the 80/20 IDOT match for six specific projects; seconded by Alderman Werderich. Attorney Orr asked for clarification on the motion so she could amend the resolution. Alderman Golinski clarified he wanted to amend the resolution to $ 1 million for the state routes and the Kennedy Road project. He included Kennedy Road due to the pending grant. There was a brief discussion how the wording of the resolution should be amended. Administrator Olson asked the City Council to give Attorney Orr some latitude in the wording. Attorney Orr proposed the wording be changed to " . . . $ 1 ,000,000 for the purpose of acquiring land and constructing bike trails and pedestrian walkways for projects requiring 20% city fimding." Alderman Sutcliff stated she did not realize that when Route 47 is expanded there will not be pedestrian access to cross the river. Administrator Olson stated that he believed this was the case but would confirm this. Aldennan Sutcliff felt that no pedestrian crossing over the river was asking for trouble. Alderman Gilson commented that he thought when IDOT proposed the plan sidewalks were part of it. He stated The Minutes of the Regular Meeting of the City Council — August 10 2010 — page 6 that he reviewed the plans and there was a sidewalk across the river. Administrator Olson stated that he may have misspoke. Alderman Teeling commented that Alderman Golinski 's amendment was a good idea. It will give people the chance to vote. Amended motion ($ 1 million) approved by a roll call vote. Ayes-5 Nays-3 Werderich-aye, Golinski-aye, Teeling-aye, Gilson-nay, Sutcliff-nay, Spears-nay, Ploclier-aye, Burd-aye Original motion approved as amended by a roll call vote. Ayes-5 Nays-2 Spears-nay, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-nay, Sutcliff-aye Attorney Orr stated she would report on the exact revised verbiage at the next meeting. CITY COUNCIL REPORT Rec Center — Discussion (CC 2010-67) Alderman Spears requested this be put on the agenda . She stated that since the Rec Center was purchased there have been both negative and positive responses. The negative is due to the cost to run the facility and the deficit it runs in. She stated that she wanted people to be able to vote on the Rec Center. She suggested a referendum be placed on the next ballot asking that the Rec Center lease be terminated. She stated she was against leasing the Rec Center and expressed her concern with the cost of operating the facility. She stated that even the city' s financial consultant voiced their concern about the businesses spreadsheets, taxes owed, water expenses, etc. She read from the consu Itant's report and the lease agreement. Alderman Spears asked that the public be given information and allowed to vote if the Rec Center should remain open. Mayor Burd noted that a referendum could not be put on the November ballot because today was the last day to approve a resolution asking for a referendum. She explained that it would cost the city $750,000.00 to terminate the lease. Attorney Orr added that there could not be a referendum to terminate the agreement as this could cause litigation. Alderman Spears suggested that the city work with the owners, the Walkers, to renegotiate the lease agreement. Mayor Burd stated that she already gave staff direction to do this. She indicated that the city has no money to get out of the lease. She also explained that there are 1300 people with memberships that would also have to be compensated. Administrator Olson stated that the center has operating cost of $600,000.00/year and its deficit is $60,000.00. He felt that renegotiating the lease had its merits. Alderman Gilson noted that when the Rec Center was first proposed it was to be self sustaining however it has run in a deficit each year with a proposed deficit for future years. Administrator Olson explained that there are three more years left on the lease agreement which causes $ 180,000.00 loss to the budget. He stated that from a cash flow perspective this is not hurting the general fund as there is a surplus on the operation side of the Park & Recreation Department budget. Mayor Burd added that if the city owned the building it would not have to pay the real estate taxes. Alderman Gilson did not understand why the city signed a contract with a $750,000.00 termination fee. He felt that because the Rec Center was not self- sustaining it should be shed. He asked for a cost analysis if the Rec Center was shed (savings on rent, salaries, insurance, etc). Administrator Olson reiterated that the city would not spend about $60,000.00/year for the next three years or $ 180,000.00 without the Rec Center but would lose $750,000.00 getting out of the lease. Mr. Ron Walker was present and addressed the City Council . He explained that the center has turned a profit however there is an escrow account being held against the profits. If the escrow amount had been taken out of the equation it would have shown positive cash flow. He disagreed with Administrator Olson's opinion that the deficit would continue over the upcoming years. There was a brief discussion on revenue and expenses including how the escrow account affected revenue, the first years lack of memberships, the negative effect of real estate taxes, the city's portion of real estate taxes, and Park & Recreation Department budget cuts, etc. Dave Schramer of Fox Highlands addressed the City Council regarding health awareness and prevention. He noted that there is an increase in women having cardiac issues. He asked the City Council to embrace the thought process of healthy living with the Rec Center and bike trails. Healthy living helps reduce health care costs. The Minutes of the Reaular Meeting of the City Council — August 10, 2010 — page 7 Alderman Sutcliff asked how many seniors use the facility and Superintendent of Recreation Swithin stated about 900/month. She asked how the city's purchase of the building would affect the ComEd deal. Administrator Olson stated that ComEd gives a break to non-revenue generating customers. A better way to save money would be to make the building more energy efficient. Alderman Golinski clarified that the city would have to pay a $ 100,000.00 termination fee along with the remainder of the lease. j ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Olson reported on the following: • The search for a new Finance Director is down to three candidates. There will be an Executive Session at the next Administration Committee meeting for an interview of the final candidate. Alderman Sutcliff asked if other members of the City Council not on the Administration Committee could attend and Mayor Burd stated that she is relying on the committee and their input. She stated that she would think about bypassing the Administration Committee to bring the candidate directly to the City Council. She indicated she would notify the City Council of her decision • He has fielded questions on general municipal liability as relating to the bike trail referendum . He noted that there is an article in the IML Review magazine which addresses this. With recreational amenities it has to be proven that there was willful misconduct in order for the municipality to be liable. With general municipal liability, in order for the municipality to be considered potentially liable, the complainant must be an intended and permitted user of the facility. It also has to be proven that the city did not provide ordinary care. Mayor Burd stated that many times the City Council wants to be sympathetic to residents' complaints but if a resident sues the city the legal fees have to come out of the general fund. Administrator Olson added that the city's insurance representative wanted to caution the City Council from openly encouraging residents from contacting them with issues such as drainage problems as Alderman Gilson did in the city's newsletter. This may open the city to liability. Alderman Spears noted that a resident contacted her regarding flooding issues and she directed her to Director Barksdale- Noble. She asked if this was wrong for her to do. Administrator Olson stated that she was correct to do this so staff can investigate and direct the resident properly. FINANCE DIRECTOR'S REPORT Administrator Olson reported that the Finance Department was working on developing a new format for the budget report. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Mayor Burd reported that Chief Hart was doing well and should be back on duty next Monday. She stated she advised him to stay home but he told her he was "going crazy" at home. Deputy Chief of Police Hilt reported on the following: • He spoke with the resident who chased the burglary suspect. The Police Department has added additional patrols in the area and the burglaries are under investigation. He advised residents to make sure their doors are locked on both their houses and cars. • The Police Department received a grant for five mobile date units. Each unit costs $3,000.00. • The Police Department now has an intern from Western Illinois University. • The August 3, 2010 National Night Out event was very successful. I The Minutes of the Regular Meeting of the City Council — August 10, 2010 — page 8 Mayor Burd asked if someone from the Police Pension Board could report to the City Council to dispel the negative articles in the newspaper. She added that the Board has done well with their investments even in this economy. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported that Music Under the Stars will be held in conjunction with Riverfest at the Riverfront Park. The Chamber of Commerce is sponsoring Riverfest. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale-Noble reported on the following: • Cracks have been filled, binder repairs have been made and the seal coat is to follow in Grande Reserve. Work should be done by August 22, 2010. • TriLands has been contacted in regards to Countryside Center. They have cut the weeds, removed the broken street light, etc. They do not have the funds to seed the open space. • The city has received property complaints about Rainy Day Kennels. The property is not within city limits so the city has no jurisdiction. Kendall County had been notified of the complaints. • The Building Department has acquired an unpaid intern who will work three days per week. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT Women's Right to Vote Alderman Sutcliff reported that in honor of the anniversary of women getting the right to vote, she is sponsoring a movie event at Rush Copley on August 22, 2010 at 5:00 p.m. Northeastern Illinois Area Agency on Aging Alderman Spears reported that she was recently appointed to serve on the Grant Committee of the eight 'County region of Northeastern Illinois Area Agency on Aging (NEIL). She reported that due to the economy, NEIL has not received any spending authority, federal funds are dried up, state funds have not been received and NEIL may have to send grantees one half of what is coming to them. If NEIL does not receive state funds in August, the Community Nutrition Program and Legal Services will be greatly affected. The committee also discussed the updated and new federal Title IIID Older Americans Act programs and services. Programs specific to Kendall County are: • Fall Prevention Exercise Program - Kendall County Senior Services has begun an ongoing fall prevention exercise program . Participants are required to present a doctor's note to participate. Participants are assessed on their own fear of falling and re-assessed either when they complete the program or after 12 months of participation. • Medication Management — pilot program using the Visiting Nurses Association as the Pharmacist and the Case Coordinating Units as the referral source. Through the Outreach Program, the case coordinator identifies individuals expected to be at high risk for medication problems, due to multiple diseases and/or frail conditions of individuals. Through the Intake Program, the case coordinator records an individuals' demographic and contact information as well as reviews older person 's history of high medication use and signs or symptoms of possible medication-related problems. Next is the Medication Assessment Program where case coordinators complete assessment questions that will assist the case manager in determining the client's eligibility for the Medication Management Program. • Pharmacist Consultation - A pharmacist will review the medication regimen and may include a consultation with the case manager. The pharmacist will develop an intervention plan, including a statement of the problem, the goal of therapy and a proposed solution. The protocol should include guidelines for medication use and an approach for informing the physician. Through the Intervention Plan Implementation, the pharmacist will contact the physicians to present the problem, discuss the course of therapy, the treatment and obtain follow-up orders. A letter will also be sent to the case manager and client that will provide the assessment of the client's medication. The Title III pharmacist must include the collection of all program data including number of persons screened, number and types of medication errors detected, types of recommendations and identify problematic drugs. Also discussed were grants. Staff recommended the current non-competitive Title III Older Americans Act grantees funded for FY2010 (ending September 30, 2010) have their funding renewed for FY2011 . The grants are based on a 3-year cycle and FY2011 is the third year of the cycle. If grantees are not doing well, NEIL will not renew the grant; and they will seek a competitive agency in the same county. Upon review and discussion of each of the eight regions' grantees, the Committee unanimously approved renewing current grantees. The board of directors will vote on this recommendation later this week. The Minutes of the Regular Meeting of the City Council — August 10, 2010 — page 9 Kendall County grantees include the Community Nutrition Network; Kendall County Health Department, Oswego Village, Prairie State Legal Services, Visiting Nurse Association of Fox Valley, Senior Services Associates, Inc. ' s Case Coordination Unit, and the Family Caregiver Support Program . SENIOR LIFESTYLE EXPO 1 NEIL is hosting the 15 m annual Senior Lifestyle Expo from 9 :00 a .m. to 2:00 p.m. on Tuesday, August 24th and Wednesday, August 25th. The Expo will once again be held at the Drury Lane in Oakbrook Terrace. It supports the Holiday Meals on Wheels program that provides nutritious means to vulnerable frail elders on holidays and weekends when the weekday program is closed. STATISTICAL REVIEW OF 2"`l QUARTER - HOME DELIVERED MEALS Kendall County' s Community Nutrition Network budgeted 21 ,500 meals at a cost of $ 1 .05 per meal for the year. At the second quarter 10,948 meals or 51 % have been delivered. . Will County has a waiting list of 209 individuals to receive home delivered meals. Village of Oswego Congregate Meals has served 341 individuals or 74% of annual budgeted meals. Kendall County Caregiver Individual Counseling reported being at 50%; Support Groups at 43%. Senior Services Associates Caregiver Resource Center Assistance reported 52%; Gap-Filling at 67%; and, Legal Services at 50%. UNITED WAY Mayor Burd reported the United Way Float Your Boat event will be held August 21 , 2010. Alderman W erderich will not available to attend the event so anyone interested to contact her. I COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Redistricting (ADM 2010-22) Administrator Olson reported that the city does not have to redistrict at this time. He suggested waiting to do so until after the next census. ADDITIONAL BUSINESS Countryside Center Alderman Spears reported that she met with Mr. Dube, President of Tri-Lands to discuss the former Countryside Center, now Tri-Lands property. He apologized for the residents having to contact her regarding the condition of the property. They discussed what he could do to make the property safe and somewhat presentable. He agreed to fill the large pot holes, cut the weeds spray the blacktop with weed killer, and remove the debris. Since the meeting this has been done. A property tour transpired and Mr. Dube assured Alderman Spears that he would personally visit the property every three to four weeks; and, on a weekly basis, his staff would maintain the property and take pictures to be submitted to him. He asked Alderman Spears to contact him if any additional concerns developed. She thanked Mr. Dube for his efforts. EXECUTIVE SESSION None. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Spears. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 10: 12 P.M. The Minutes of the Regular Meeting of the City Council — August 10 2010 — page 10 Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I DRAFT MINUTES OF THE SPECIAL 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, AUGUST 10, 2010 Mayor Burd called the meeting to order at 6:02. ROLL CALL / INTRODUCTIONS City Council present: Library Board members present: I jMayor Burd Gail Gaebler Alderman Sutcliff Bob Allen Alderman Golinski Barb Johnson Alderman Spears Marianne Wilkinson Alderman Werderich Sandy Lindblom Alderman Gilson Carol LaChance Alderman Plocher Beth Gambro Also present: City Clerk Milschewski, City Attorney Orr, City Administrator Olson, and Library Director Pfister. BUSINESS Annual Library Director's Report to the City Council Director Pfister explained that she is required to report library revenues and expenses to the state. She prepares the report every year and sends it to the Illinois State Library in Springfield. Her report also includes the number of library cards issued, number of people attending programs, resources owned, interlibrary loans, number of items checked out and number of items added during the fiscal year. Director Pfister presented the Yorkville Public Library Amoral Report for 2009-2010 (see attached). Director Pfister also reported that she, along with Sandy Lindblom, Administrator Olson and Mayor Burd, developed a budget for the library which Mrs. Lindblom presented to the Finance Committee on August 9, 2010. The levy for 2011 /2012 will be .0114407 or $675 ,000.00. This is increased from last year but below the allowable levy rate of . 15 . The proposed 11 / 12 budget shows revenues of $742,500.00 with expenses of $865,000.00 so the budget will be in the red. The library has plans for more revenue such as increased fines, and a fee for DVD rentals. They are hopeful for a balanced budget next year. Mayor Burd stated she appreciated the effort by the Library Board in getting the budget finished. This will help the city when working on its budget. She also thanked the Library Board for not increasing the levy too much. Mrs. Lindblom stated that the library has a surplus of about $488,000.00 to work with and will continue to work to cut costs and increase revenues. Administrator Olson explained that the "surplus" was a fund balance or "savings account". He further explained that previous budgets were developed in a different manner showing the fund balance and coming out at zero. He recommended that the library not use the fund balance in the budget for the upcoming year because the amount of the surplus is not known until after the audit. This budget was prepared in the same manner as the city' s and the library bonds were not included. There was brief discussion on income from real estate taxes and the submittal of the report and budget. Library District Formation — Information and Discussion Beth Gambro and Barb Johnson noted that the Library Board has set a goal to become a Library District in the future. The fact finding committee which is made up of four Library Board members and several area residents is looking at financing to do this. Ms. Johnson noted that there are people in the area who can 't use the library because they are outside city limits. The fact finding committee has taken two years to do their research which included looking at the other districts surrounding Yorkville. It has been determined that it is not financially good to form a district at this time Gail Gaebler stated that when she became a board member years ago, there were already discussions for becoming a district so this has been on the back burner for a long time. She explained that the state says libraries should serve everyone and this could be better done if they were a district. She noted that other districts in the area, Plano and Oswego, have annexed areas where the resident's children go to Yorkville schools. She stated that people get mad because they can 't get a library card if they are outside city The Minutes of the Special Meeting of the City Council — August 10 2010 — page 2 limits. Districting can proceed in different ways and the library will use its current footprint and grow as the city grows. Mayor Burd noted that if the library becomes a district, they will lose some benefits such as free utilities, IT services, accounting services, etc. Alderman Werderich asked what the cost was to create a district and Ms. Johnson explained that the cost will be the loss of services provided by the city. Aldennan Golinski asked that if a district is formed, could new annexed areas pay toward the bond payment and Ms. Johnson stated that they could not because they did not vote for the referendum. Alderman Golinski asked how the building would get transferred from the city to the district. Ms. Johnson explained that the library owns the building however the city owns the land it is on. Alderman Golinski noted that this is the same messy situation that would occur if a Park District is formed. ADDITIONAL BUSINESS Building Development Fees Account Bob Allen asked Administrator Olson to explain the building development fees account. Administrator Olson explained that capital purchases usually have a three to five year life span and cannot be replaced. There is a building development fee account containing $300,000.00 of carryover building impact fees which needs to be spent within ten years of collection and can be used for replacing capital purchases. Dial a Story Aldennan Golinski asked what "Dial a Story" was. Mrs. Pfister explained that it is a phone line that people can call where a story on a cassette tape is played. There is a new story each week. The line can only answer one call at a time. Summer Kids Programs Mrs. Pfister noted that 655 kids joined the summer reading program. The group even saw an increase in the number of middle and high school students. ADJOURNMENT Meeting adjourned at 6 :47 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 15 : 16 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AACVB AURORA AREA CONVENTION 073110 - HAMPTON 08 / 25 / 10 01 FINANCE - JULY HAMPTON INN MOTEL 01 - 120 - 65 - 00 - 5844 09 / 28 / 10 2 , 432 . 18 MARKETING - HOTEL TAX 02 TAX * * COMMENT * * INVOICE TOTAL : 2 , 432 . 18 VENDOR TOTAL : 2 , 432 . 18 ACCURINT LEXISNEXIS RISK DATA MGMT . 1249304 - 20100831 08 / 31 / 10 01 POLICE - AUGUST SEARCHES 01 - 210 - 65 - 00 - 5804 09 / 28 / 10 67 . 85 OPERATING SUPPLIES INVOICE TOTAL : 67 . 85 VENDOR TOTAL : 67 . 85 ARAMARK ARAMARK UNIFORM SERVICES 610 - 6893672 09 / 07 / 10 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 09 / 28 / 10 32 . 92 WEARING APPAREL 02 WATER OP - UNIFORMS 51 - 000 - 62 - 00 - 5421 32 . 92 WEARING APPAREL 03 SEWER OP - UNIFORMS 52 - 000 - 62 - 00 - 5421 32 . 92 WEARING APPAREL INVOICE TOTAL : 98 . 76 610 - 6898398 09 / 14 / 10 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 09 / 28 / 10 28 . 38 WEARING APPAREL 02 WATER OP - UNIFORMS 51 - 000 - 62 - 00 - 5421 28 . 39 WEARING APPAREL 03 SEWER OP - UNIFORMS 52 - 000 - 62 - 00 - 5421 28 . 39 WEARING APPAREL INVOICE TOTAL : 85 . 16 VENDOR TOTAL : 183 . 92 ATT AT &T 6305533436 - 0810 08 / 25 / 10 01 POLICE - MONTHLY SERVICE 01 - 210 - 62 - 00 - 5436 09 / 28 / 10 38 . 04 q TELEPHONE I INVOICE TOTAL : 38 . 04 �J�/ l - 1 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 15 : 16 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ATT AT &T 6305536805 - 0810 08 / 25 / 10 01 WATER OP - MONTHLY SERVICE 51 - 000 - 62 - 00 - 5436 09 / 28 / 10 78 . 77 TELEPHONE INVOICE TOTAL : 78 . 77 VENDOR TOTAL : 116 . 81 ATTLONG AT &T LONG DISTANCE 82893213 - 0810CITY 09 / 16 / 10 01 ADMIN - AUGUST LONG DISTANCE 01 - 110 - 62 - 00 - 5436 09 / 28 / 10 0 . 15 TELEPHONE 02 POLICE - AUGUST LONG DISTANCE 01 - 210 - 62 - 00 - 5436 15 . 43 TELEPHONE 03 WATER OP - AUGUST LONG DISTANCE 51 - 000 - 62 - 00 - 5436 12 . 63 TELEPHONE INVOICE TOTAL : 28 . 21 VENDOR TOTAL : 28 . 21 BANKNY THE BANK OF NEW YORK 082410 - STREBATE 08 / 24 / 10 01 FINANCE - KENDALL MARKETPLACE 01 - 120 - 78 - 00 - 9003 09 / 28 / 10 88 , 945 . 49 SALES TAX REBATE 02 SALES TAX REBATE * * COMMENT * * INVOICE TOTAL : 88 , 945 . 49 082510 - KMART 08 / 25 / 10 01 TRUST & AGENCY - KENDALL 95 - 000 - 78 - 00 - 9013 09 / 28 / 10 72 , 208 . 73 SSA PAYMENTS TO TRUSTEES 02 MARKETPLACE SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 72 , 208 . 73 082510 - SSAAC 08 / 25 / 10 01 TRUST & AGENCY - AUTUMN CREEK 95 - 000 - 78 - 00 - 9013 09 / 28 / 10 50 , 853 . 92 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 50 , 853 . 92 082510 - SSABRB 08 / 25 / 10 01 TRUST & AGENCY - BRISTOL BAY SSA 95 - 000 - 78 - 00 - 9013 09 / 28 / 10 122 , 244 . 21 SSA PAYMENTS TO TRUSTEES - 2 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 15 : 16 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BANKNY THE BANK OF NEW YORK 082510 - SSABRB 08 / 25 / 10 02 DISBURSEMENT * * COMMENT * * 09 / 28 / 10 INVOICE TOTAL : 122 , 244 . 21 082510 - SSARTV 08 / 25 / 10 01 TRUST & AGENCY - RAINTREE 95 - 000 - 78 - 00 - 9013 09 / 28 / 10 59 , 160 . 16 SSA PAYMENTS TO TRUSTEES 02 VILLAGE SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 59 , 160 . 16 082510 - SSARV2 08 / 25 / 10 01 TRUST & AGENCY - RAINTREE 95 - 000 - 78 - 00 - 9013 09 / 28 / 10 6 , 032 . 94 SSA PAYMENTS TO TRUSTEES 02 VILLAGE II SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 61032 . 94 VENDOR TOTAL : 399 , 445 . 45 BCBS BLUE CROSS BLUE SHIELD 090710 09 / 07 / 10 01 FINANCE - OCTOBER MEDICAL INS . 01 - 120 - 50 - 00 - 5203 09 / 28 / 10 82 , 059 . 53 BENEFITS - HEALTH INSURANCE 02 FINANCE - OCTOBER DENTAL INS . 01 - 120 - 50 - 00 - 5205 71424 . 88 BENEFITS - DENTAL / VISION A INVOICE TOTAL : 89 , 484 . 41 VENDOR TOTAL : 89 , 484 . 41 BRENNTAG BRENNTAG MID - SOUTH , INC . BMS829797 08 / 26 / 10 01 WATER OP - DRUM RETURN CREDIT 51 - 000 - 62 - 00 - 5407 09 / 28 / 10 - 525 . 00 TREATMENT FACILITIES O &M INVOICE TOTAL : - 525 . 00 BMS889784 08 / 25 / 10 01 WATER OP - CHEMICALS 51 - 000 - 62 - 00 - 5407 00204689 09 / 28 / 10 1 , 240 . 75 TREATMENT FACILITIES O &M INVOICE TOTAL : 1 , 240 . 75 VENDOR TOTAL : 715 . 75 CARGILL CARGILL , INC - 3 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 15 : 16 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CARGILL CARGILL , INC 2889739 08 / 31 / 10 01 WATER OP - BULK SALT 51 - 000 - 62 - 00 - 5407 00204688 09 / 28 / 10 2 , 505 . 00 TREATMENT FACILITIES O &M INVOICE TOTAL : 2 , 505 . 00 VENDOR TOTAL : 2 , 505 . 00 CARSTAR CARSTAR 22621 09 / 08 / 10 01 ADMIN - REIMBURSABLE SQUAD 01 - 000 - 44 - 00 - 4412 09 / 28 / 10 1 , 517 . 91 INSURANCE REIMBURSEMENTS 02 ACCIDENT REPAIRS * * COMMENT * * INVOICE TOTAL : 11517 . 91 VENDOR TOTAL : 1 , 517 . 91 CENTRALL CENTRAL LIMESTONE COMPANY , INC 13026 08 / 31 / 10 01 CW CAPITAL - STONE 23 - 000 - 75 - 00 - 7103 09 / 28 / 10 547 . 18 SIDEWALK REPLACEMENT INVOICE TOTAL : 547 . 18 13028 08 / 31 / 10 01 CW CAPITAL - STONE 23 - 000 - 75 - 00 - 7103 09 / 28 / 10 75 . 54 SIDEWALK REPLACEMENT INVOICE TOTAL : 75 . 54 VENDOR TOTAL : 622 . 72 CLASLAND CLASSIC LANDSCAPE , LTD 59494 09 / 01 / 10 01 FOX HILL SSA - AUGUST LAWN 11 - 000 - 65 - 00 - 5416 09 / 28 / 10 454 . 92 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 454 . 92 59495 09101110 01 SUNFLOWER SSA - AUGUST LAWN 12 - 000 - 65 - 00 - 5416 09 / 28 / 10 430 . 00 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 430 . 00 VENDOR TOTAL : 684 . 92 - 4 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 15 : 16 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - COMDIR COMMUNICATIONS DIRECT INC SR93019 08 / 31 / 10 01 POLICE - PULLED CAMERA UNIT OUT 01 - 210 - 62 - 00 - 5408 09 / 28 / 10 44 . 75 MAINTENANCE - EQUIPMENT 02 AND SENT IN FOR REPAIR * * COMMENT * * INVOICE TOTAL : 44 . 75 VENDOR TOTAL : 44 . 75 COMED COMMONWEALTH EDISON 0185079109 - 0910 08 / 31 / 10 01 WATER OP - 420 FAIRHAVEN 51 - 000 - 62 - 00 - 5435 09 / 28 / 10 127 . 68 ELECTRICITY INVOICE TOTAL : 127 . 68 0435113116 - 0910 09 / 02 / 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 09 / 28 / 10 92 . 23 ELECTRICITY INVOICE TOTAL : 92 . 23 0966038077 - 0910 08 / 30 / 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 09 / 28 / 10 38 . 67 ELECTRICITY INVOICE TOTAL : 38 . 67 1407125045 - 0910 09 / 02 / 10 01 SEWER OP - FOXHILL 7 LIFT 52 - 000 - 62 - 00 - 5435 09 / 28 / 10 67 . 66 ELECTRICITY INVOICE TOTAL : 67 . 66 2019099044 - 0910 09 / 03 / 10 01 WATER OP - WELLS 51 - 000 - 62 - 00 - 5435 09 / 28 / 10 46 . 80 ELECTRICITY INVOICE TOTAL : 46 . 80 2961017043 - 0810 08 / 30 / 10 01 SEWER OP - LIFT STATION 52 - 000 - 62 - 00 - 5435 09 / 28 / 10 105 . 09 ELECTRICITY INVOICE TOTAL : 105 . 09 4085080033 - 0910 09 / 01 / 10 01 WATER OP - 1991 CANNONBALL 51 - 000 - 62 - 00 - 5435 09 / 28 / 10 99 . 79 ELECTRICITY - 5 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 15 : 16 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 26 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - COMED COMMONWEALTH EDISON 4085080033 - 0910 09101110 02 TRAIL * * COMMENT * * 09 / 28 / 10 INVOICE TOTAL : 99 . 79 4449087016 - 0910 09 / 03 / 10 01 SEWER OP - LIFT STATIONS 52 - 000 - 62 - 00 - 5435 09 / 28 / 10 727 . 90 ELECTRICITY INVOICE TOTAL : 727 . 90 4475093053 - 0910 08 / 31 / 10 01 WATER OP - 610 TOWER LANE 51 - 000 - 62 - 00 - 5435 09 / 28 / 10 84 . 10 ELECTRICITY INVOICE TOTAL : 84 . 10 7090039005 - 0910 09 / 08 / 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 09 / 28 / 10 22 . 00 ELECTRICITY INVOICE TOTAL : 22 . 00 VENDOR TOTAL : 1 , 411 . 92 CONSTELL CONSTELLATION NEW ENERGY 0002112499 08 / 31 / 10 01 WATER OP - 2702 MILL RD 51 - 000 - 62 - 00 - 5435 09 / 28 / 10 5 , 486 . 81 ELECTRICITY INVOICE TOTAL : 51486 . 81 0002122277 09 / 03 / 10 01 WATER OP - WELLS 3 & 4 51 - 000 - 62 - 00 - 5435 09 / 28 / 10 4 , 367 . 18 ELECTRICITY INVOICE TOTAL : 41367 . 18 0002127874 09 / 04 / 10 01 SEWER OP - 420 FAIRHAVEN 52 - 000 - 62 - 00 - 5435 09 / 28 / 10 836 . 35 ELECTRICITY INVOICE TOTAL : 836 . 35 VENDOR TOTAL : 10 , 690 . 34 COPCO CHICAGO OFFICE PRODUCTS CO . 722000 - 1 08 / 20 / 10 01 ADMIN - GARBAGE BAGS , PAPER 01 - 110 - 65 - 00 - 5804 09 / 28 / 10 59 . 98 OPERATING SUPPLIES - 6 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 15 : 16 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - COPCO CHICAGO OFFICE PRODUCTS CO . 722000 - 1 08 / 20 / 10 02 TOWELS * * COMMENT * * 09 / 28 / 10 INVOICE TOTAL : 59 . 98 722000 - 2 08 / 23 / 10 01 ADMIN - GARBAGE BAGS 01 - 110 - 65 - 00 - 5804 09 / 28 / 10 60 . 00 OPERATING SUPPLIES INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 119 . 98 DEPO DEPO COURT REPORTING SVC , INC 14627 08 / 31 / 10 01 POLICE - AUGUST 25TH ADMIN 01 - 210 - 62 - 00 - 5443 09 / 28 / 10 175 . 00 ADMIN ADJUDICATION CONTRAC 02 HEARING * * COMMENT * * INVOICE TOTAL : 175 . 00 14629 09 / 03 / 10 01 POLICE - SEPTEMBER 1ST ADMIN 01 - 210 - 62 - 00 - 5443 09 / 28 / 10 175 . 00 ADMIN ADJUDICATION CONTRAC 02 HEARING * * COMMENT * * INVOICE TOTAL : 175 . 00 VENDOR TOTAL : 350 . 00 ENCAP ENCAP , INC _ 21570 07 / 31 / 10 01 DEVELOPER ESCROW - HERBICIDE 90 - 220 - 91 - 00 - 0014 09 / 28 / 10 653 . 00 FOX HILL U- 7 LOC - ADM 02 TREATMENT * * COMMENT * * INVOICE TOTAL : 653 . 00 21676 08 / 30 / 10 01 DEVELOPER ESCROW - HERBICIDE 90 - 220 - 91 - 00 - 0014 09 / 28 / 10 3 , 057 . 00 FOX HILL U - 7 LOC - ADM 02 APPLICATION * * COMMENT * * INVOICE TOTAL : 3 , 057 . 00 VENDOR TOTAL : 31710 . 00 EXELON EXELON ENERGY II - 7 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXELON EXELON ENERGY 200306900000 08 / 05 / 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 09 / 28 / 10 74 . 54 ELECTRICITY INVOICE TOTAL : 74 . 54 200306900010 09 / 03 / 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 09 / 28 / 10 127 . 46 ELECTRICITY INVOICE TOTAL : 127 . 46 200307000000 08 / 24 / 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 09 / 28 / 10 2 , 674 . 88 ELECTRICITY INVOICE TOTAL : 2 , 674 . 88 VENDOR TOTAL : 2 , 876 . 88 FIRST FIRST PLACE RENTAL 204204 09 / 09 / 10 01 ENG - JULIE FLAGS O1 - 150 - 65 - 00 - 5801 09 / 28 / 10 8 . 49 ENGINEERING SUPPLIES INVOICE TOTAL : 8 . 49 VENDOR TOTAL : 8 . 49 FLATSOS RAQUEL HERRERA 090210 09 / 02 / 10 01 WATER OP - TIRES 51 - 000 - 62 - 00 - 5409 09 / 28 / 10 280 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 280 . 00 VENDOR TOTAL : 280 . 00 GALLS GALL ' S INC . 510791160 08 / 27 / 10 01 POLICE - STOP STOP PADDLE 01 - 210 - 65 - 00 - 5804 09 / 28 / 10 44 . 58 OPERATING SUPPLIES INVOICE TOTAL : 44 . 58 510802599 09 / 02 / 10 01 POLICE - 4 PAIRS TACTICAL PANTS 01 - 210 - 62 - 00 - 5421 09 / 28 / 10 124 . 96 WEARING APPAREL INVOICE TOTAL : 124 . 96 VENDOR TOTAL : 169 . 54 - 8 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GARDKOCH GARDINER KOCH & WEISBERG H - 1845C - 73524 08 / 06 / 10 01 ADMIN - LAY - COM LEGAL MATTERS 01 - 110 - 61 - 00 - 5303 09 / 28 / 10 788 . 35 LITIGATION COUNCIL INVOICE TOTAL : 788 . 35 H - 1974C - 73521 08 / 06 / 10 01 ADMIN - IEPA LEGAL MATTERS 01 - 110 - 61 - 00 - 5303 09 / 28 / 10 37 . 00 LITIGATION COUNCIL INVOICE TOTAL : 37 . 00 H - 2013C - 73699 08 / 11 / 10 01 ADMIN - HAMMAN FEES LEGAL MATTER 01 - 110 - 61 - 00 - 5303 09 / 28 / 10 647 . 50 LITIGATION COUNCIL INVOICE TOTAL : 647 . 50 VENDOR TOTAL : 1 , 472 . 85 GJOVIKFD GJOVIK FORD - MERCURY , INC . 253955 09 / 09 / 10 01 POLICE - REPLACED COIL & ALL 01 - 210 - 62 - 00 - 5409 09 / 28 / 10 710 . 44 MAINTENANCE - VEHICLES 02 SPARK PLUGS * * COMMENT * * INVOICE TOTAL : 710 . 44 VENDOR TOTAL : 710 . 44 GREATAME GREATAMERICA LEASING CORP . 10039167 09106110 01 FINANCE - COPIER LEASES 01 - 120 - 62 - 00 - 5412 09 / 28 / 10 736 . 00 MAINTENANCE - PHOTOCOPIERS INVOICE TOTAL : 736 . 00 VENDOR TOTAL : 736 . 00 HDSUPPLY HD SUPPLY WATERWORKS , LTD . 1873768 09 / 01 / 10 01 WATER OP - 10 100 CF METERS , 51 - 000 - 75 - 00 - 7508 09 / 28 / 10 811 . 53 METERS & PARTS 02 10 CHAMBERS * * COMMENT * * INVOICE TOTAL : 811 . 53 VENDOR TOTAL : 811 . 53 - 9 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - HOMEDEPO HOME DEPOT 7019628 08 / 11 / 10 01 STREETS - FILTERS 01 - 410 - 62 - 00 - 5414 09 / 28 / 10 102 . 20 MAINTENANCE - TRAFFIC SIGNAL INVOICE TOTAL : 102 . 20 VENDOR TOTAL : 102 . 20 ILEPAADM IL ENV . PROTECTION AGENCY 091510 09 / 15 / 10 01 WATER OP - WATER SUPPLY TESTING 51 - 000 - 65 - 00 - 5822 00204687 09 / 28 / 10 9 , 851 . 54 WATER SAMPLES 02 PROGRAM * * COMMENT * * INVOICE TOTAL : 9 , 851 . 54 VENDOR TOTAL : 9 , 851 . 54 ILPD4778 ILLINOIS STATE POLICE 082610 08 / 26 / 10 01 ADMIN - BACKGROUND CHECKS 01 - 110 - 65 - 00 - 5804 09 / 28 / 10 68 . 50 OPERATING SUPPLIES INVOICE TOTAL : 68 . 50 VENDOR TOTAL : 68 . 50 ILTRUCK ILLINOIS TRUCK MAINTENANCE , IN 025122 08 / 31 / 10 01 STREETS - AIR LEAK AND EXHAUST 01 - 410 - 62 - 00 - 5409 00204736 09 / 28 / 10 371 . 80 MAINTENANCE - VEHICLES 02 LEAK REPAIR * * COMMENT * * INVOICE TOTAL : 371 . 80 VENDOR TOTAL : 371 . 80 JULIE JULIE , INC . 08 - 10 - 1809 08 / 31 / 10 01 WATER OP - AUGUST LOCATES 51 - 000 - 61 - 00 - 5303 09 / 28 / 10 327 . 50 JULIE SERVICE INVOICE TOTAL : 327 . 50 VENDOR TOTAL : 327 . 50 - 10 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUSTSAFE JUST SAFETY , LTD 12689 08 / 18 / 10 01 ADMIN - FIRST AID SUPPLIES 01 - 210 - 65 - 00 - 5804 09 / 28 / 10 41 . 30 OPERATING SUPPLIES INVOICE TOTAL : 41 . 30 VENDOR TOTAL : 41 . 30 KCSHERIF KENDALL COUNTY SHERIFF ' S OFFIC 083451 09 / 03 / 10 01 PD CAPITAL - PORTION OF SALE OF 20 - 000 - 65 - 00 - 5840 09 / 28 / 10 5 . 00 SEIZED VEHICLES 02 SEIZED VEHICLE * * COMMENT * * INVOICE TOTAL : 5 . 00 VENDOR TOTAL : 5 . 00 KCSTATTO KENDALL COUNTY STATES ATTORNEY 083451 09 / 03 / 10 01 PD CAPITAL - PORTION OF SALE OF 20 - 000 - 65 - 00 - 5840 09 / 28 / 10 35 . 00 SEIZED VEHICLES 02 SEIZED VEHICLE * * COMMENT * * INVOICE TOTAL : 35 . 00 VENDOR TOTAL : 35 . 00 KONICAMI KONICA MINOLTA BUSINESS 215559017 08 / 30 / 10 01 POLICE - COPIER CHARGES 01 - 210 - 65 - 00 - 5809 09 / 28 / 10 21 . 92 PRINTING & COPYING INVOICE TOTAL : 21 . 92 215559018 08 / 30 / 10 01 ADMIN - COLOR COPIER CHARGES 01 - 110 - 65 - 00 - 5809 09 / 28 / 10 312 . 84 PRINTING & COPYING 02 ADMIN - B / W COPIER CHARGES 01 - 110 - 65 - 00 - 5809 132 . 30 PRINTING & COPYING INVOICE TOTAL : 445 . 14 215559075 08 / 30 / 10 01 WATER OP - COPIER CHARGES 51 - 000 - 65 - 00 - 5809 09 / 28 / 10 4 . 58 PRINTING & COPYING INVOICE TOTAL : 4 . 58 - 11 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON / BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KONICAMI KONICA MINOLTA BUSINESS 215559076 08 / 30 / 10 01 POLICE - COPIER CHARGES 01 - 210 - 65 - 00 - 5809 09 / 28 / 10 70 . 23 PRINTING & COPYING INVOICE TOTAL : 70 . 23 215559077 08 / 30 / 10 01 ENG - COLOR COPIER CHARGES 01 - 150 - 65 - 00 - 5809 09 / 28 / 10 44 . 61 PRINTING & COPYING 02 ENG - B / W COPIER CHARGES 01 - 150 - 65 - 00 - 5809 51 . 51 PRINTING & COPYING 03 COMM / DEV - COLOR COPIER CHARGES 01 - 220 - 65 - 00 - 5809 44 . 61 PRINTING & COPYING 04 COMM/ DEV - B / W COPIER CHARGES 01 - 220 - 65 - 00 - 5809 51 . 51 PRINTING & COPYING INVOICE TOTAL : 192 . 24 VENDOR TOTAL : 734 . 11 MARINEBI MARINE BIOCHEMISTS 281665 R5 08 / 27 / 10 01 SUNFLOWER SSA - MONTHLY 12 - 000 - 65 - 00 - 5416 09 / 28 / 10 789 . 00 MAINTENANCE COMMON GROUNDS 02 ALGAE TREATMENT * * COMMENT * * INVOICE TOTAL : 789 . 00 VENDOR TOTAL : 789 . 00 MCCUE MC CUE BUILDERS , INC . LOT 119 09 / 14 / 10 01 ADMIN - REFUND UNUSED SECURITY 01 - 000 - 21 - 00 - 2115 09 / 28 / 10 3 , 900 . 00 SECURITY GUARANTEE PAYABLE 02 GUARANTEE FOR LOT 119 * * COMMENT * * 03 HEARTLAND CIRCLE * * COMMENT * * INVOICE TOTAL : 3 , 900 . 00 VENDOR TOTAL : 3 , 900 . 00 MCKIRGN RANDY MCKIRGAN 99073 08 / 25 / 10 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 00204741 09 / 28 / 10 414 . 23 GASOLINE - 12 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MCKIRGN RANDY MCKIRGAN 99073 08 / 25 / 10 02 WATER OP - GASOLINE 51 - 000 - 65 - 00 - 5812 00204741 09 / 28 / 10 414 . 23 GASOLINE 03 SEWER OP - GASOLINE 52 - 000 - 65 - 00 - 5812 414 . 22 GASOLINE INVOICE TOTAL : 11242 . 68 VENDOR TOTAL : 11242 . 68 MEADE MEADE ELECTRIC COMPANY , INC . 647145 08 / 31 / 10 01 STREETS - EMERGENCY REPAIR FOR 01 - 410 - 62 - 00 - 5414 00204740 09 / 28 / 10 2 , 855 . 41 MAINTENANCE - TRAFFIC SIGNAL 02 RT 34 & 47 * * COMMENT * * INVOICE TOTAL : 2 , 855 . 41 VENDOR TOTAL : 21855 . 41 MENINC MENARDS INC 081610 - STREBATE 08 / 24 / 10 01 FINANCE - SALES TAX REBATE 01 - 120 - 78 - 00 - 9003 09 / 28 / 10 41 , 734 . 54 SALES TAX REBATE INVOICE TOTAL : 41 , 734 . 54 VENDOR TOTAL : 41 , 734 . 54 MENLAND MENARDS - YORKVILLE 21863 08 / 24 / 10 01 CW CAPITAL - BOARDS 23 - 000 - 75 - 00 - 7103 09 / 28 / 10 61 . 56 SIDEWALK REPLACEMENT INVOICE TOTAL : 61 . 56 22251 08 / 26 / 10 01 CW CAPITAL - EXPANSION JOINT 23 - 000 - 75 - 00 - 7103 09 / 28 / 10 3 . 76 SIDEWALK REPLACEMENT INVOICE TOTAL : 3 . 76 23622 08 / 31 / 10 01 STREETS - SEALBEST 01 - 410 - 65 - 00 - 5804 09 / 28 / 10 9 . 44 OPERATING SUPPLIES INVOICE TOTAL : 9 . 44 _ 13 _ DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON / BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MENLAND MENARDS - YORKVILLE 23783 09101110 01 WATER OP - MEASURING WHEEL 51 - 000 - 65 - 00 - 5804 09 / 28 / 10 56 . 49 OPERATING SUPPLIES INVOICE TOTAL : 56 . 49 23787 09 / 01 / 10 01 WATER OP - PVC PIPE , PVC 51 - 000 - 65 - 00 - 5804 09 / 28 / 10 12 . 13 OPERATING SUPPLIES 02 CLEANOUT PLUG , PROFLEX * * COMMENT * * 03 COUPLING , PVC CLEANOUT ADAPTER * * COMMENT * * INVOICE TOTAL : 12 . 13 23799 09 / 01 / 10 01 ENG - JULIE LOCATOR BATTERY 01 - 150 - 65 - 00 - 5801 09 / 28 / 10 10 . 50 ENGINEERING SUPPLIES INVOICE TOTAL : 10 . 50 23811 09 / 01 / 10 01 STREETS - PVC CAP 01 - 410 - 62 - 00 - 5416 09 / 28 / 10 0 . 76 MAINTENANCE PROPERTY INVOICE TOTAL : 0 . 76 23836 09101110 01 STREETS - PVC CLEANOUT PLUGS , 01 - 410 - 62 - 00 - 5416 09 / 28 / 10 13 . 04 MAINTENANCE PROPERTY 02 COUPLING , ADHESIVE , DRANO * * COMMENT * * INVOICE TOTAL : 13 . 04 23893 09 / 01 / 10 01 WATER OP - BLEACH , TRIGGERS , 51 - 000 - 65 - 00 - 5804 09 / 28 / 10 22 . 31 OPERATING SUPPLIES 02 ACTION WHEEL * * COMMENT * * INVOICE TOTAL : 22 . 31 24098 09 / 02 / 10 01 SEWER OP - MICROFIBER 52 - 000 - 65 - 00 - 5805 09 / 28 / 10 4 . 98 SHOP SUPPLIES INVOICE TOTAL : 4 . 98 24175 - 10 09 / 02 / 10 01 STREETS - PILE 01 - 410 - 62 - 00 - 5416 09 / 28 / 10 6 . 97 MAINTENANCE PROPERTY INVOICE TOTAL : 6 . 97 - 14 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MENLAND MENARDS - YORKVILLE 24362 09 / 03 / 10 01 STREETS - TWINE 01 - 410 - 65 - 00 - 5804 09 / 28 / 10 21 . 66 OPERATING SUPPLIES INVOICE TOTAL : 21 . 66 25735 09 / 09 / 10 01 STREETS - EPDXY GLUE 01 - 410 - 62 - 00 - 5416 09 / 28 / 10 1 . 79 MAINTENANCE PROPERTY INVOICE TOTAL : 1 . 79 VENDOR TOTAL : 225 . 39 MESIROW MESIROW INSURANCE SERVICES INC 702571 08 / 23 / 10 01 FINANCE - INSTALLMENT 4 OF 4 01 - 120 - 62 - 00 - 5400 09 / 28 / 10 42 , 999 . 50 INSURANCE - LIABILITY & PRO INVOICE TOTAL : 42 , 999 . 50 VENDOR TOTAL : 42 , 999 . 50 METLIFE METLIFE SMALL BUSINESS CENTER 081710 08 / 17 / 10 01 FINANCE - SEPT . LIFE INSURANCE 01 - 120 - 50 - 00 - 5204 09 / 28 / 10 2 , 131 . 57 BENEFITS - GROUP LIFE INSUR INVOICE TOTAL : 21131 . 57 VENDOR TOTAL : 21131 . 57 MJELECT MJ ELECTRICAL SUPPLY , INC . 1114703 - 80 04 / 05 / 10 01 STREETS - FREIGHT CHARGE 01 - 410 - 62 - 00 - 5415 09 / 28 / 10 5 . 11 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 5 . 11 1117497 - 00 08 / 26 / 10 01 STREETS - PHOTOCONTROLS , BULBS 01 - 410 - 62 - 00 - 5415 09 / 28 / 10 357 . 50 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 357 . 50 1117497 - 01 08 / 30 / 10 01 STREETS - BULBS 01 - 410 - 62 - 00 - 5415 09 / 28 / 10 17 . 50 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 17 . 50 - 15 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MJELECT MJ ELECTRICAL SUPPLY , INC . 1117497 - 02 09 / 03 / 10 01 STREETS - PHOTOCONTROL 01 - 410 - 62 - 00 - 5415 09 / 28 / 10 25 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 25 . 00 1117536 - 00 08 / 30 / 10 01 STREETS - PHOTOCONTROL 01 --410 - 62 - 00 - 5415 09 / 28 / 10 9 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 9 . 00 1117537 - 00 08 / 30 / 10 01 STREETS - PHOTOCONTROL 01 - 410 - 62 - 00 - 5415 09 / 28 / 10 9 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 9 . 00 1117719 - 00 09 / 08 / 10 01 STREETS - ELECTRICAL CONNECTOR 01 - 410 - 62 - 00 - 5415 09 / 28 / 10 1 . 58 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 1 . 58 VENDOR TOTAL : 424 . 69 NARVICK NARVICK BROS . LUMBER CO , INC 42004 08 / 25 / 10 01 CW CAPITAL - CONCRETE 23 - 000 - 75 - 00 - 7103 00204742 09 / 28 / 10 712 . 00 SIDEWALK REPLACEMENT INVOICE TOTAL : 712 . 00 42005 08 / 25 / 10 01 CW CAPITAL - CONCRETE 23 - 000 - 75 - 00 - 7103 00204742 09 / 28 / 10 712 . 00 SIDEWALK REPLACEMENT INVOICE TOTAL : 712 . 00 42016 08 / 26 / 10 01 CW CAPITAL - CONCRETE 23 - 000 - 75 - 00 - 7103 00204742 09 / 28 / 10 823 . 25 SIDEWALK REPLACEMENT INVOICE TOTAL : 823 . 25 VENDOR TOTAL : 2 , 247 . 25 NELSON NELSON ENTERPRISES , INC . 193310 - 0001 08 / 31 / 10 01 COMM / RELATIONS - MUSIC UNDER THE 01 - 130 - 62 - 00 - 5401 09 / 28 / 10 222 . 00 CONTRACTUAL SERVICES - 16 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 _ WOW INVOICES DUE ON / BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NELSON NELSON ENTERPRISES , INC - 193310 - 0001 08 / 31 / 10 02 STARS ADVERTISING * * COMMENT * * 09 / 28 / 10 INVOICE TOTAL : 222 . 00 195010 - 0001 08 / 31 / 10 01 COMM/ RELATIONS - NATIONAL NITE 01 - 130 - 62 - 00 - 5401 09 / 28 / 10 74 . 00 CONTRACTUAL SERVICES 02 OUT ADVERTISING * * COMMENT * * INVOICE TOTAL : 74 . 00 VENDOR TOTAL : 296 . 00 NEMRT NORTH EAST MULTI - REGIONAL 136171 09 / 13 / 10 01 POLICE - PORTABLE WEIGHT SCALE 01 - 210 - 64 - 00 - 5604 09 / 28 / 10 35 . 00 TRAINING & CONFERENCE 02 CERTIFICATION FOR 1 PERSON * * COMMENT * * INVOICE TOTAL : 35 . 00 136270 09 / 13 / 10 01 POLICE - 32 HOUR POLICE CYCLIST 01 - 210 - 64 - 00 - 5604 09 / 28 / 10 350 . 00 TRAINING & CONFERENCE 02 CLASS FOR 2 PEOPLE * * COMMENT * * INVOICE TOTAL : 350 . 00 VENDOR TOTAL : 385 . 00 NICOR NICOR GAS 00 - 41 - 22 - 8748 4 - 0910 09 / 03 / 10 01 ADMIN - 1107 PRAIRIE LANE 01 - 110 - 76 - 00 - 9002 09 / 28 / 10 37 . 64 NICOR GAS INVOICE TOTAL : 37 . 64 15 - 41 - 50 - 1000 6 - 0910 09 / 03 / 10 01 ADMIN - 804 GAME FARM RD 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 81 . 89 NICOR GAS INVOICE TOTAL : 81 . 89 15 - 64 - 61 - 3532 5 - 0910 09 / 03 / 10 01 ADMIN - 1991 CANNONBALL TRAIL 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 35 . 87 NICOR GAS INVOICE TOTAL : 35 . 87 - 17 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NICOR NICOR GAS 20 - 52 - 56 - 2042 1 - 0910 09 / 07 / 10 01 ADMIN - 420 FAIRHAVEN DR . 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 81 . 89 NICOR GAS INVOICE TOTAL : 81 . 89 23 - 45 - 91 - 4862 5 - 0910 09 / 01 / 10 01 ADMIN - 101 BRUELL STREET 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 87 . 77 NICOR GAS INVOICE TOTAL : 87 . 77 31 - 61 - 67 - 2493 1 - 0910 09 / 03 / 10 01 ADMIN - 276 WINDHAM CIRCLE 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 31 . 34 NICOR GAS INVOICE TOTAL : 31 . 34 45 - 12 - 25 - 4081 3 - 0910 08 / 31 / 10 01 ADMIN - 201 W . HYDRAULIC STREET 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 37 . 87 NICOR GAS INVOICE TOTAL : 37 . 87 46 - 69 - 47 - 6727 1 - 0910 09 / 03 / 10 01 ADMIN - 1975 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 84 . 81 NICOR GAS INVOICE TOTAL : 84 . 81 49 - 25 - 61 - 1000 5 - 0910 08 / 31 / 10 01 ADMIN - 1 VAN EMMON 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 41 . 47 NICOR GAS INVOICE TOTAL : 41 . 47 61 - 60 - 41 - 1000 9 - 0910 09 / 09 / 10 01 ADMIN - 610 TOWER LANE 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 52 . 62 NICOR GAS INVOICE TOTAL : 52 . 62 66 - 70 - 44 - 6942 9 - 0910 09 / 07 / 10 01 ADMIN - 100 RAINTREE RD . 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 90 . 42 NICOR GAS INVOICE TOTAL : 90 . 42 77 - 35 - 71 - 1000 4 - 0910 09 / 03 / 10 01 ADMIN - 131 E . HYDRAULIC 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 33 . 94 NICOR GAS INVOICE TOTAL : 33 . 94 - 18 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P _ 0 . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NICOR NICOR GAS 83 - 80 - 00 - 1000 7 - 0910 09 / 09 / 10 01 ADMIN - 610 TOWER LANE UNIT B 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 30 . 04 NICOR GAS INVOICE TOTAL : 30 . 04 95 - 16 - 10 - 1000 4 - 0910 09 / 09 / 10 01 ADMIN - 1 RT 47 01 - 110 - 78 - 00 - 9002 09 / 28 / 10 316 . 74 NICOR GAS INVOICE TOTAL : 316 . 74 VENDOR TOTAL : 1 , 044 . 31 NNIMNGFC N . ILLINOIS MUNICIPAL NATURAL 090810 09 / 08 / 10 01 ADMIN - NATURAL GAS FRANCHISE 01 - 110 - 61 - 00 - 5300 09 / 28 / 10 1 , 003 . 34 SPECIAL COUNSEL 02 CONSORTIUM SUPPLEMENTAL DUES * * COMMENT * * INVOICE TOTAL : 1 , 003 . 34 VENDOR TOTAL : 1 , 003 . 34 OFFWORK OFFICE WORKS 178999 09 / 09 / 10 01 COMM/ DEV - HEADSET 01 - 220 - 65 - 00 - 5802 09 / 28 / 10 7 . 99 OFFICE SUPPLIES 02 ENG - HEADSET 01 - 150 - 65 - 00 - 5802 8 . 00 OFFICE SUPPLIES INVOICE TOTAL : 15 . 99 179015 09 / 09 / 10 01 ADMIN - LINERS 01 - 110 - 65 - 00 - 5804 09 / 28 / 10 55 . 98 OPERATING SUPPLIES INVOICE TOTAL : 55 . 98 VENDOR TOTAL : 71 . 97 ORRK KATHLEEN FIELD ORR & ASSOC . 13260 09 / 07 / 10 01 ADMIN - GENERAL ADMIN MATTERS , 01 - 110 - 61 - 00 - 5302 09 / 28 / 10 10 , 184 . 75 CORPORATE COUNCIL - 19 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 20 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORRK KATHLEEN FIELD ORR & ASSOC . 13260 09 / 07 / 10 02 OLJ JAIL MATTERS , KENDALL * * COMMENT * * 09 / 28 / 10 03 MARKET PLACE , WINDETTE RIDGE , * * COMMENT * * 04 MEETINGS * * COMMENT * * 05 DOWNTOWN TIF - TIF LEGAL MATTERS 88 - 000 - 78 - 00 - 9007 500 . 00 ADMINISTRATIVE FEES INVOICE TOTAL : 10 , 684 . 75 VENDOR TOTAL : 10 , 684 . 75 PARADISE PARADISE CAR WASH 221917 09 / 01 / 10 01 POLICE - AUGUST CAR WASHES 01 - 210 - 62 - 00 - 5409 09 / 28 / 10 36 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 36 . 00 VENDOR TOTAL : 36 . 00 PHILSTOP PHIL ' S TOP SOIL , INC . 25426 08 / 28 / 10 01 CW CAPITAL - DIRT 23 - 000 - 75 - 00 - 7103 09 / 28 / 10 388 . 80 SIDEWALK REPLACEMENT INVOICE TOTAL : 388 . 80 VENDOR TOTAL : 388 . 80 PUBSAFDI PUBLIC SAFETY DIRECT , INC 21451 09 / 05 / 10 01 POLICE - INSTALLED WIRE CAGE 01 - 210 - 62 - 00 - 5409 09 / 28 / 10 190 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 190 . 00 21460 09 / 11 / 10 01 POLICE - INSTALLATION & SHIPPING 01 - 210 - 62 - 00 - 5409 09 / 28 / 10 764 . 00 MAINTENANCE - VEHICLES 02 FOR 3 CAGES * * COMMENT * * INVOICE TOTAL : 764 . 00 VENDOR TOTAL : 954 . 00 QUILL QUILL CORPORATION - 20 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - QUILL QUILL CORPORATION 173424 09 / 08 / 10 01 POLICE - RETURNED MERCHANDISE 01 - 210 - 65 - 00 - 5802 09 / 28 / 10 - 52 . 99 OFFICE SUPPLIES 02 CREDIT * * COMMENT * * INVOICE TOTAL : - 52 . 99 173607 09 / 08 / 10 01 WATER OP - PRINTER CARTRIDGE 51 - 000 - 65 - 00 - 5804 09 / 28 / 10 - 150 . 29 OPERATING SUPPLIES 02 RETURN * * COMMENT * * INVOICE TOTAL : - 150 . 29 7684272 08 / 31 / 10 01 ADMIN - TONER , BATTERIES 01 - 110 - 65 - 00 - 5802 09 / 28 / 10 94 . 93 OFFICE SUPPLIES 02 FINANCE - RUBBER BANDS , LABELS 01 - 120 - 65 - 00 - 5802 53 . 80 OFFICE SUPPLIES INVOICE TOTAL : 148 . 73 7749816 09 / 02 / 10 01 POLICE - INK CARTRIDGE , PENS , 01 - 210 - 65 - 00 - 5802 09 / 28 / 10 105 . 56 OFFICE SUPPLIES 02 BINDER CLIPS , GLUE STICKS , * * COMMENT * * 03 LABELS * * COMMENT * * INVOICE TOTAL : 105 . 56 7801028 09 / 02 / 10 01 POLICE - LAMINATING POUCHES 01 - 210 - 65 - 00 - 5802 09 / 28 / 10 52 . 99 OFFICE SUPPLIES INVOICE TOTAL : 52 . 99 7832008 09 / 03 / 10 01 POLICE - LAMINATING POUCHES 01 - 210 - 65 - 00 - 5802 09 / 28 / 10 53 . 49 OFFICE SUPPLIES INVOICE TOTAL : 53 . 49 VENDOR TOTAL : 157 . 49 R0000474 NEIL BORNEMAN 090810 09 / 08 / 10 01 FINANCE - REFUND OF LIBRARY & 01 - 120 - 78 - 00 - 9001 09 / 28 / 10 811 . 70 CITY TAX REBATE - 21 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R0000474 NEIL BORNEMAN 090810 09 / 08 / 10 02 CITY PORTION OF TAXES AS PER * * COMMENT * * 09 / 26 / 10 03 ORDINANCE * * COMMENT * * INVOICE TOTAL : 811 . 70 VENDOR TOTAL : 811 . 70 R0000594 BRIAN BETZWISER 100110 09 / 15 / 10 01 PW CAPITAL - 185 WOLF OCTOBER 21 - 000 - 75 - 00 - 7110 09 / 28 / 10 6 , 857 . 92 PW BUILDING PAYMENT 02 PAYMENT * * COMMENT * * INVOICE TOTAL : 6 , 857 . 92 VENDOR TOTAL : 6 , 857 . 92 R0000820 ROBERT CREADEUR 091310 09 / 13 / 10 01 STREETS - LIFTING PUBLIC 01 - 410 - 75 - 00 - 7103 09 / 28 / 10 240 . 00 SIDEWALK CONSTRUCTION 02 SIDEWALK * * COMMENT * * INVOICE TOTAL : 240 . 00 VENDOR TOTAL : 240 . 00 RATOSJ RATOS , JAMES 081610 - STREBATE 08 / 24 / 10 01 FINANCE - SALES TAX REBATE 01 - 120 - 78 - 00 - 9003 09 / 28 / 10 3 , 199 . 41 SALES TAX REBATE INVOICE TOTAL : 31199 . 41 VENDOR TOTAL : 3 , 199 . 41 SFBCT SWFVCTC 090110 09101110 01 ADMIN - 1ST QUARTER FRANCHISE 01 - 110 - 62 - 00 - 5404 09 / 28 / 10 18 , 659 . 87 CABLE CONSORTIUM FEE 02 DUES * * COMMENT * * INVOICE TOTAL : 18 , 659 . 87 VENDOR TOTAL : 18 , 659 . 87 - pp - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 23 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O _ # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SHELL SHELL OIL CO . 065159923009 09 / 05 / 10 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 00204739 09 / 28 / 10 885 . 74 GASOLINE 02 WATER OP - GASOLINE 51 - 000 - 65 - 00 - 5812 885 . 75 GASOLINE 03 SEWER OP - GASOLINE 52 - 000 - 65 - 00 - 5812 885 . 74 GASOLINE INVOICE TOTAL : 2 , 657 . 23 VENDOR TOTAL : 2 , 657 . 23 SHREDIT SHRED - IT 021382903 08 / 25 / 10 01 ADMIN - MONTHLY SHREDDING 01 - 110 - 62 - 00 - 5401 09 / 28 / 10 136 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 136 . 00 VENDOR TOTAL : 136 . 00 STRYPES STRYPES PLUS MORE INC . 10801 09 / 09 / 10 01 PD CAPITAL - SQUAD LETTERING & 20 - 000 - 75 - 00 - 7006 09 / 28 / 10 740 . 00 CAR BUILD OUT 02 STRIPES * * COMMENT * * INVOICE TOTAL : 740 . 00 VENDOR TOTAL : 740 . 00 TPI TPI BUILDING CODE CONSULTANTS 4637 08 / 31 / 10 01 COMM/ DEV - PLUMBING AND 01 - 220 - 61 - 00 - 5314 09 / 28 / 10 2 , 442 . 00 INSPECTIONS 02 BUILDING INSPECTIONS * * COMMENT * * INVOICE TOTAL : 2 , 442 . 00 VENDOR TOTAL : 2 , 442 . 00 TUCKER TUCKER DEVELOPMENT CORP . 081610 - STREBATE 08 / 24 / 10 01 FINANCE - SALES TAX REBATE 01 - 120 - 78 - 00 - 9003 09 / 28 / 10 36 , 378 . 08 SALES TAX REBATE INVOICE TOTAL : 36 , 378 . 08 VENDOR TOTAL : 36 , 378 . 08 - 23 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 24 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 _ WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P _ O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TUFFY TUFFY AUTO SERVICE CENTER 18541 09 / 01 / 10 01 ENG - OIL CHANGE 01 - 150 - 62 - 00 - 5409 09 / 28 / 10 33 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 33 . 95 18623 09 / 07 / 10 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 09 / 28 / 10 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 18628 09 / 07 / 10 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 09 / 28 / 10 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 18734 09 / 13 / 10 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 09 / 28 / 10 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 VENDOR TOTAL : 123 . 80 UPS UNITED PARCEL SERVICE 00004296X2360 09 / 04 / 10 01 POLICE - 1 PKG . FROM CHICAGO 01 - 210 - 65 - 00 - 5808 09 / 28 / 10 45 . 71 POSTAGE & SHIPPING 02 POLICE DEPARTMENT * * COMMENT * * 03 WATER OP - 2 PKGS TO ARRO LABS , 51 - 000 - 65 - 00 - 5808 75 . 67 POSTAGE & SHIPPING 04 1 PKG . TO ILEPA LABS * * COMMENT * * INVOICE TOTAL : 121 . 38 VENDOR TOTAL : 121 . 38 USBANKC US BANK OPERATIONS CENTER 082510 - SSAGDR 08 / 25 / 10 01 TRUST & AGENCY - GRANDE RESERVE 95 - 000 - 78 - 00 - 9013 09 / 28 / 10 22 , 474 . 55 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 22 , 474 . 55 - 24 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 25 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P _ O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - USBANKC US BANK OPERATIONS CENTER 082510 - SSAWDR 08 / 25 / 10 01 TRUST & AGENCY - WINDETTE RIDGE 95 - 000 - 78 - 00 - 9013 09 / 28 / 10 18 , 061 . 73 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 18 , 061 . 73 VENDOR TOTAL : 40 , 536 . 28 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0575798 08 / 25 / 10 01 HEALTH & SANITATION - AUGUST 01 - 540 - 62 - 00 - 5442 09 / 28 / 10 98 , 777 . 71 GARBAGE SERVICES 02 SERVICE * * COMMENT * * INVOICE TOTAL : 98 , 777 . 71 VENDOR TOTAL : 98 , 777 . 71 VSP VISION SERVICE PLAN 081710 08 / 17 / 10 01 FINANCE - SEPT . VISION INSURANCE 01 - 120 - 50 - 00 - 5205 09 / 28 / 10 11096 . 35 BENEFITS - DENTAL / VISION A INVOICE TOTAL : 11096 . 35 VENDOR TOTAL : 11096 . 35 WESLEY WESLEY PROPERTY CORP . 063010 - STREBATE 08 / 24 / 10 01 FINANCE - APRIL - JUNE SALES TAX 01 - 120 - 78 - 00 - 9003 09 / 28 / 10 33 , 440 . 59 SALES TAX REBATE 02 REBATE * * COMMENT * * INVOICE TOTAL : 33 , 440 . 59 VENDOR TOTAL : 33 , 440 . 59 WHOLTIRE WHOLESALE TIRE 134747 09 / 02 / 10 01 POLICE - FRONT & REAR BRAKES , 01 - 210 - 62 - 00 - 5409 09 / 28 / 10 437 . 28 MAINTENANCE - VEHICLES 02 REAR BLOWER , ROTORS * * COMMENT * * INVOICE TOTAL : 437 . 28 VENDOR TOTAL : 437 . 28 - 25 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 26 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O _ # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WILDATRY WILDMAN , HARROLD , ALLEN & 431539 08 / 31 / 10 01 ADMIN - LOCAL SITING ENGAGEMENT 01 - 110 - 61 - 00 - 5300 09 / 28 / 10 5 , 657 . 83 SPECIAL COUNSEL 02 FOR FOX MORAINE LLC MATTER * * COMMENT * * INVOICE TOTAL : 5 , 657 . 83 VENDOR TOTAL : 5 , 657 . 83 YBSD YORKVILLE BRISTOL 0551 - 008104479 08 / 31 / 10 01 WATER OP - AUGUST FEES 51 - 000 - 62 - 00 - 5407 00204738 09 / 28 / 10 4 , 319 . 87 TREATMENT FACILITIES O &M INVOICE TOTAL : 4 , 319 . 87 VENDOR TOTAL : 41319 . 87 YORKACE YORKVILLE ACE & RADIO SHACK 134364 09 / 14 / 10 01 WATER OP - PLUGS 51 - 000 - 65 - 00 - 5804 09 / 28 / 10 1 . 98 OPERATING SUPPLIES INVOICE TOTAL : 1 . 98 VENDOR TOTAL : 1 . 98 YORKLIBR YORKVILLE PUBLIC LIBRARY 082510 - BOND 08 / 25 / 10 01 ADMIN - BOND & INTEREST TAX 01 - 000 - 25 - 00 - 2582 09 / 28 / 10 43 , 245 . 27 INTERFUND LIBRARY 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 43 , 245 . 27 082510 - RETAX 08 / 25 / 10 01 ADMIN - REAL ESTATE TAX O1 - 000 - 25 - 00 - 2582 09 / 28 / 10 46 , 389 . 84 INTERFUND LIBRARY 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 46 , 389 . 84 VENDOR TOTAL : 89 , 635 . 11 YORKNAPA YORKVILLE NAPA AUTO PARTS - 26 - DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 27 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - YORKNAPA YORKVILLE NAPA AUTO PARTS 930314 08 / 04 / 10 01 WATER OP - OIL FILTERS 51 - 000 - 62 - 00 - 5409 09 / 28 / 10 10 . 89 MAINTENANCE - VEHICLES INVOICE TOTAL : 10 . 89 930327 08 / 04 / 10 01 WATER OP - FUSES 51 - 000 - 62 - 00 - 5409 09 / 28 / 10 5 . 68 MAINTENANCE - VEHICLES INVOICE TOTAL : 5 . 68 931897 08 / 16 / 10 01 STREETS - OIL FILTER 01 - 410 - 62 - 00 - 5408 09 / 28 / 10 14 . 74 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 14 . 74 932784 08 / 23 / 10 01 STREETS - O - RING 01 - 410 - 62 - 00 - 5408 09 / 28 / 10 3 . 56 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 3 . 56 933151 08 / 26 / 10 01 WATER OP - AIR FILTER 51 - 000 - 62 - 00 - 5409 09 / 28 / 10 15 . 69 MAINTENANCE - VEHICLES INVOICE TOTAL : 15 . 69 VENDOR TOTAL : 50 . 56 YORKPDPC YORKVILLE POLICE DEPT . 091510 09 / 15 / 10 01 PD CAPITAL - SEIZED VEHICLE 20 - 000 - 65 - 00 - 5840 09 / 28 / 10 95 . 00 SEIZED VEHICLES 02 TITLE REQUEST * * COMMENT * * INVOICE TOTAL : 95 . 00 VENDOR TOTAL : 95 . 00 YORKPDPN YORKVILLE POLICE PENSION FUND 082510 - RETAX 08 / 25 / 10 01 FINANCE - REAL ESTATE TAX 01 - 210 - 72 - 00 - 6502 09 / 28 / 10 24 , 060 . 87 POLICE PENSION 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 24 , 060 . 87 VENDOR TOTAL : 24 , 060 . 87 DATE : 09 / 22 / 10 UNITED CITY OF YORKVILLE PAGE : 28 TIME : 15 : 16 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 09 / 28 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P _ O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - = - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - YOUNGM MARLYS J . YOUNG 081710 09 / 13 / 10 01 ADMIN - AUGUST 17TH MEETING 01 - 110 - 62 - 00 - 5401 09 / 28 / 10 31 . 25 CONTRACTUAL SERVICES 02 MINUTES * * COMMENT * * INVOICE TOTAL : 31 . 25 VENDOR TOTAL : 31 . 25 TOTAL ALL INVOICES : 1 , 017 , 014 . 56 - 28 - UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 8 /31 / 10 PAID ON 9/ 17/ 10 SOCIAL REGULAR IMRF SECURITY TOTALS MAYOR & LIQUOR COM , 943 . 33 0 . 00 60 . 92 17004 . 25 CLERK 776 . 67 70 . 91 59 . 41 906 . 99 TREASURER 300 . 00 27 . 39 22 . 95 350 . 34 ALDERMAN 47010 . 00 219 . 59 262 . 73 41492 . 32 TOTALS 67030 . 00 317 . 89 406 . 01 61753 . 90 TOTAL PAYROLL 8/20/2010 67753 . 90 TOTAL DISBURSEMENTS 6 , 75190 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 9111 /2010 REGULAR OVERTIME TOTAL IMRF S . SECURITY TOTALS ADMINISTRATION 91850 . 38 0 . 00 91850 . 38 899 . 35 696 . 63 11 , 446 . 36 FINANCE 51396 . 69 0 . 00 51396 . 69 492 . 72 400 . 38 61289 . 79 COMMUNITY REL . 2 , 500 . 00 0 . 00 21500 . 00 228 . 25 147 . 15 2 , 875 . 40 ENGINEERING 10 , 380 . 56 0 . 00 10 , 380 . 56 947. 74 763 . 03 12 , 091 . 33 POLICE 807241 . 04 67739 . 42 86 , 980 . 46 553 . 21 61398 . 32 93 , 931 . 99 COMMUNITY DEV. 117265 . 10 0 . 00 11 , 265 . 10 11028 . 49 812 . 15 13 , 105 . 74 STREETS 11 , 550 . 34 0 . 00 117550 . 34 11054. 55 860 . 48 13 , 465 . 37 WATER 13 , 420 . 07 60 . 41 13 , 480 . 48 1 , 230 . 78 981 . 89 15 , 693 . 15 SEWER 91091 . 33 241 . 80 91333 . 13 852 . 11 679 . 51 10 , 864. 75 PARKS 14, 112 . 22 0 . 00 143112 . 22 13258 . 32 11041 . 86 16 , 412 . 40 RECREATION 13 , 672 . 82 0 . 00 133672 . 82 975 . 66 17031 . 00 15 , 679 . 48 REC . CENTER 8 , 055 . 93 0 . 00 8 , 055 . 93 485 . 07 610 . 50 9 , 151 . 50 LIBRARY 18 , 617 . 36 0 . 00 18 , 617. 36 1 823 . 65 11398 . 95 20 , 839 . 96 TOTALS 208 , 153 . 84 71041 . 63 2157195 . 47 10 , 829 . 90 152821 . 85 241 , 847 . 22 TOTAL PAYROLL 9/ 11 /2010 241 , 847 . 22 TOTAL DISBURSEMENTS 241 , 847 . 22 - 3Q, _ UNITED CITY OF YORKVILLE SUMMARY SHEET 9/28/2010 TOTAL PAYROLL FOR ELECTED OFFICIALS 8/31 /2010 $ 6 , 753 . 90 TOTAL PAYROLL 9/ 11 /2010 $ 241 , 847 . 22 TOTAL INVOICES 9/28/2010 $ 17017 , 014 . 56 TOTAL DISBURSEMENTS $ 11265 , 615 . 68 I Reviewed By: Agenda Item Number J= 0-c� Legal El a Finance ❑ EST. 1836 Engineer ■ Tracking Number �� _ City Administrator F-1 "" 20 Consultant ❑ ` ❑ PW 2010-68 SCE i Agenda Item Summary Memo Title : Vacation of Jefferson Street and part of Ridge Street i Meeting and Date : City Council 9/28/ 10 Synopsis : Our purchase agreement for the old Kendall County jail requires the city to vacate Jefferson Street and part of Ridge Street. I Council Action Previously Taken : Date of Action: Action Taken : Item Number: Type of Vote Required : Super-majority Council Action Requested : Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes : This item is on this agenda for discussion. A public hearing is scheduled for the October 12tt' City Council meeting. cl?k Memorandum EST. =` 1836 To : Bart Olson, City Administra or 4 \ From : Joe Wywrot, City Engineer v O CC : Lisa Pickering, Deputy City erk .(� Krd;lCbuF( `� kE ,VV Date : September 9 , 2010 Subject: Vacation of Jefferson Street and part of Ridge Street On August 24, 2010, the city purchased the old Kendall County Jail property, located at the northeast corner of S . Main Street and Madison Street. Section 1 . 2(c) of the purchase agreement (attached) requires us to begin proceedings to vacate all of Jefferson Street and that part of Ridge Street from S . Main . Street to Jefferson Street within 30 days of the closing. The vacation proceedings are to be completed within 90 days after the closing. Also attached find the plat of vacation and a draft vacation ordinance. Please place this item on the September 21 , 2010 Public Works Committee agenda for discussion. 3/01/10 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT for the purchase and sale of real estate (the "Agreement") , is entered into as of -A PR i L ao , 2010, by and between Kendall County, Illinois (the "Sellers ") and the United City of Yorkville, Illinois (the "Purchaser") . WITNESSETH WHEREAS, Sellers are the owner of certain property located in the City' s "downtown" which was constructed in 1893 and used as the county jail until 1992 and now remains as an I mportant historic landmark in the United City of Yorkville (the "Property") ; and, I WHEREAS , Purchaser desires to purchase from Sellers and Sellers desire to sell to Purchaser all of the Property in order to ensure the preservation of such historic landmark on the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows : ARTICLE 1 AGREEMENT TO PURCHASE AND SELL 13 The Property. Contingent upon Section 1 . 2 below, Sellers agree to sell and convey to Purchaser, and Purchaser agrees to purchase from Sellers, upon the terms and conditions set forth in this Agreement, Sellers' rights, title and interest in and to the Property legally described on Exhibit A attached hereto and made a part hereof, commonly known as 111 Madison Street, Yorkville and currently improved with an unoccupied structure known as the "Old Jail" . The Property consists of four lots identified by the tax property index number: 02- 32-287-001 . 102 The Purchaser ' s obligations hereunder to purchase the Property are contingent upon the following: (a) Receipt of no less than $96,000 . 00 from the Illinois Department of Transportation ("IDOT") as reimbursement for the taking of street parking areas along Route 47 as a result of the widening thereof and the receipt of an additional $64, 000 . 00 from a grant, gift or bequest. If Purchaser fails to notify Sellers on or before October 1 , 2010, of its inability to obtain said funds, the parties agree this contingency is expressly waived, and closing will occur no later than December 31 , 2010 . 1 (b) The Sellers agree to place the sum of $ 5 , 000 . 00 in escrow with Purchaser' s attorney for the costs of providing a gravity sanitary sewer service stub to 101 W. Fox Street, and after completion of construction of said service, the Sellers shall receive a disbursement of any amount in said escrow in excess of 50% of the cost of said construction. Said construction shall be complete on or before January 1 , 2018 . If Purchaser fails to complete said construction on or before said date, the parties agree that said escrow of $ 5 , 000 . 00 shall immediately be disbursed to Sellers . Purchaser shall provide verification to Sellers of said cost. If the Purchaser decides not to proceed with said construction, the parties agree that said escrow of $ 5 , 000 . 00 shall immediately be disbursed to Sellers . At no time shall Seller' s contribution exceed the sum of $ 5 , 000 . 00. (c) Within 30 days from closing, Purchaser shall initiate proceedings to vacate the entire public right of way for the area described in Exhibit B, which encompasses the entire public right of way for the streets of Ridge (Jefferson to S . Main) and Jefferson, as attached hereto and incorporated herein . Said vacation shall be completed within 90 days after closing. After the Purchaser executes the vacation of public right of way to adjoining property owners, Purchaser agrees to coordinate and to use its best efforts to have IDOT transfer property that was received as former public right of way to the Sellers . In the future, if the Sellers purchase the property identified as Olson on Exhibit B, the Purchaser will vacate the public right of way shown as Madison Street to the Sellers within 90 days of future closing. The County will provide a plat of vacation and pay the cost of any required publication in connection with said vacation. After such future vacation, Sellers will provide ingress and egress for the benefit of the property identified as "Muellner" on Exhibit B . (d) At the time the current or future property owner identified as Muellner or MOT in Exhibit B install a multi-use path extending from Route 47 to their western most property line, Sellers agree to build a multi-use path that connects said multi-use path to Main Street. Sellers will coordinate construction with the first property owner to construct a multi-use path to their western boundary. 1 . 3 Title, The Sellers shall convey to Purchaser upon payment in full of the Purchase Price as established in Section 2 . 1 below, plus or minus prorations, if any, (the " Closing") , Sellers ' right, title and interest in and to the Property. It is understood and agreed that the Purchaser accepts title to the structure on the Property in an "as is" condition as of the date of Closing. 2 L4 Possession . Possession of the Property shall be delivered to the Purchaser at Closing, as hereinafter set forth below. ARTICLE 2 PURCHASE PRICE 261 Purchase Price . The purchase price (the "Purchase Price ") to be paid by the Purchaser to Sellers for the Subject Property described below is $ 160, 000 . 00, plus or minus prorations, payable at Closing (as hereinafter set forth) and the vacation and conveyance of a certain portion of Jefferson Street to the Sellers from Madison Street on the north to West Ridge Street on the south and Ridge Street from Jefferson to S . Main after completing all statutory requirements for vacation and conveyance. 2. 2 Earnest Money. None, 263 Closing Costs. The Seller shall pay all of the Seller' s customary closing costs associated with the execution of this Agreement including, but not limited to , the following: Title Policy; one-half of all escrow fees ; and one-half of all other fees in connection with the Closing. Purchaser shall be responsible for all Purchaser' s customary closing costs, including, but not limited to : one-half of any closing fee and any other fees in connection with the Closing; purchaser' s title insurance; and, recording fees . Each party shall pay its own legal fees . Each party shall pay fifty percent (50%) of the total cost of a plat of survey, plat of easement, and plat of vacation. ARTICLE 3 TITLE INSURANCE AND SURVEY 301 Title Commitment. Within twenty (20) days of receipt of a Notice to Proceed as set forth in Article 5 hereof (the "Effective Date"), Sellers shall deliver to Purchaser: an ALTA/ACSM land title survey of the Property (the "Survey") prepared in accordance with 2005 ALTA/ACSM Land Survey Standards for Urban Properties and a commitment for Title Insurance in the amount of the Purchase Price showing fee simple title vested in the Purchaser, which policy, when issued, shall include extended coverage over the general title exceptions . Purchaser and seller shall split the cost of the land title survey equally. 302 Title and Survey Objections. Within twenty (20) days after Purchaser receives the Title Commitment, the Title Documents, and the Survey, Purchaser shall deliver to Sellers : (a) a list of any objections to title and survey matters with respect to the Subject Property (the "Title Objections"); and the manner in which such Title Objections may be cured to Purchaser ' s satisfaction; and (b) a list of those endorsements that Purchaser requires be included as part of the Title Policy (the "Title Endorsements") . The Sellers shall be obligated to cause any Title Objections relating to financing liens, mechanic ' s, materialmen ' s or similar liens, tax liens or delinquent taxes, and leases or other occupancy rights or agreements to be deleted from the Title Commitment prior to the Closing, and if the Sellers fail to do so, Purchaser may, in addition to all other rights and remedies, deduct from the Purchase Price any liens or encumbrances of a 3 Ii definite or ascertainable amotunt. If the title commitment discloses Title Objections which are not cured, Sellers shall have thirty (30) calendar days from the date of delivery thereof to have the said exceptions waived, or to have the title insurer commit to insure against loss or damage that may be caused by such exceptions and the closing date shall be delayed, if necessary, during said thirty (30) calendar day period to allow Sellers time to have said exceptions waived. If Sellers fail to have the Title Objections waived or, in the alternative, to obtain insurance over such unpermitted exceptions within the time specified, Purchaser may terminate the Contract between the parties or may elect, on notice to Sellers within ten ( 10) calendar days after the expiration of the thirty (30) calendar day period to take the title as it then is, with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser elects to terminate the Contract, this Contract shall be null and void and all moneys paid by Purchaser hereunder shall be refunded. At Sellers ' expense, Seller will deliver or cause to be delivered to Purchaser or Purchaser ' s attorney within customary time limitations and sufficiently in advance of Closing, as evidence of title in Sellers or Grantors, a title commitment for an ALTA title insurance policy in the amount of the Purchase Price with extended coverage by a title company licensed to operate in the State of Illinois, issued on or subsequent to the Date of Acceptance. The requirement to provide extended coverage shall not apply if the Real Estate is vacant land. The commitment for title insurance furnished by Sellers will be conclusive evidence of good and merchantable title as therein shown, subject only to the exceptions therein stated. If the title commitment discloses any unpermitted exceptions of if the Plat of Survey shows any encroachments or other survey matters that are not acceptable to Purchaser, then Sellers shall have said exceptions , survey matters or encroachments removed, or have the title insurer commit to either insure against loss or damage that may result from such exceptions or survey matters or insure against any court ordered removal of the encroachments . If Sellers fail to have such exceptions waived or insured over prior to Closing, Purchaser may elect to take the title as it then is with the right to deduct from the Purchase Price prior encumbrances of a definite or ascertainable amount. Sellers shall furnish Purchaser at Closing an Affidavit of Title covering the date of Closing, and shall sign any other customary forms required for issuance of an ALTA Insurance Policy, ARTICLE 4 COVENANTS , REPRESENTATIONS AND WARRANTIES 4. 1 Representations. The Sellers (and any persons executing this instrument on behalf of the Sellers) represent and warrant that the Sellers are the owner in fee simple of the Property, that the Sellers are fully authorized and empowered to execute and deliver this instrument, and that there is no lien, encumbrance, contract or governmental prohibition against the execution and delivery of this instrument and the performance by the Sellers of all of Sellers ' obligations hereunder. Purchaser (and any persons executing this instrument on behalf of Purchaser) represents and warrants that Purchaser is fully authorized and empowered to execute and deliver this instrument, that there is no lien, encumbrance, contract or governmental prohibition against the execution and delivery of this instrument and the obligations hereunder. 4 4. 2 Agreements . Neither the execution and the delivery of this Agreement by each party, nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgment, decree, order, law, mortgage, lease, agreement, indenture or other instrument to which such party is a party or by which the Subject Property or such party is bound. 43 No Conveyances or Further Liens. From and after the execution of this Agreement, the Sellers shall not : (i) cause, suffer or permit any act which results in any additional exceptions to title affecting the Property or any portion thereof, (ii) sell transfer, alienate, lease or encumber any part of the Property or any interest therein to or in favor of any person or entity other than the Purchaser, or (iii) take any action that would alter any of the matters depicted, or create matters not depicted, on the Survey. 4. 4 Litigation . Each party represents to the other that they are aware of no pending litigation, proceeding, claim or investigation, including, without limitation, any condemnation proceeding, pending or to the best of their knowledge, threatened, which affects or could reasonably be expected to affect them, the Subject Property, the transactions contemplated by this Agreement, or the other party's intended use of the Subject Property, 4. 5 Inconsistent Actions . The Sellers and Buyer shall not take any actions that are inconsistent with their obligations under this Agreement, or that may delay or interfere with the consummation of the transactions contemplated by this Agreement. 4. 6 Surviving Agreements . There are no unrecorded leases, contracts, agreements, or other documents affecting the Property that will survive the closing and be binding upon Purchaser of the Property. ARTICLE 5 THE CLOSING 53 Closing. (a) Within five (5) business days of satisfaction of the conditions/contingencies set forth in section 1 .2 hereof, the Purchaser shall submit to the Sellers a notice that the contingencies have been waived and the Purchaser is prepared to proceed with the closing (the "Notice to Proceed") . (b) Once the title commitment displays good title, subject only to permitted exceptions, then, within thirty (30) days thereafter, the Purchaser is obligated to take title and pay to Sellers the Purchase Price, plus or minus prorations as set forth in Section 2 . 1 of this Agreement. (c) The Sellers warrant that no party in possession, no contractor who has furnished labor or materials, and no other person has any right, title, interest, lien, claim or charge against the property. 5 (d) The Closing shall take place at the offices of the Title Company, 5. 2 Conveyance to Purchaser. Pursuant to this contract at the Closing, Purchaser will be entitled to receive a Warranty Deed to the property; Bill of Sale for the stricture; Affidavit of Title; ALTA Statements; and, such other documents as deemed necessary to convey Title subject only to permitted exceptions as stated above. 53 Purchaser 's Deliverables . At the Closing, Purchaser shall deliver or cause to be delivered to Sellers directly or, if either party elects, through an Escrow, the following, each of which shall be in a form reasonably satisfactory to Sellers and (if applicable) the Title Insurer: (a) A certified copy of Purchaser's ordinance (if required) authorizing this Agreement. (b) Such other certificates and documents as may be required by the Title Insurer; and, (c) The Purchase Price in the form of cash or check and a note, plus or minus prorations , all as set forth in Section 2 . 1 hereof. 5. 4 Documents to Be Jointly Delivered By Sellers and Purchaser at Closing. At the closing, the Sellers and Purchaser shall each execute and deliver, directly, or if either party elects, through the Escrow, the following, each of which shall be in the form reasonably satisfactory to both parties and (if applicable) the Title insurer. (a) Applicable transfer tax declarations for the State of Illinois, Kendall county and necessary municipal transfer declarations; (b) A Closing Statement; (c) ALTA Statements as required by the Title Insurer; (d) All other instruments and documents as may be reasonably required in order to carry out the purposes of this Agreement and to consummate the Closing under this Agreement. ARTICLE 6 DEFAULTS AND REMEDIES 61 Default. If the transaction contemplated hereby does not close by reason of a default by either party in any of the terms hereof, and any such default is not cured within thirty (30) days after written notice of said default is given by the other party, then the non-breaching party may: (a) terminate this Agreement and (b) pursue an action against the breaching party for all remedies available in law and/or equity, including specific performance of the Agreement. 6 62 Costs of Enforcement. In the event any action or proceeding is brought by either party to enforce or interpret the terms of this Agreement, the prevailing party in such action or proceeding shall be entitled to have all costs, fees (including, without limitation, reasonable attorneys ' fees) and expenses, paid or reimbursed by the non-prevailing party. ARTICLE 7 MISCELLANEOUS 7. 1 Entire Agreement; Construction . This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof except as may be set forth in writing executed by both parties contemporaneously with or subsequent to this Agreement. This Agreement may not be construed more strictly against one party hereto than against the other party merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties . It is understood and recognized that both parties have contributed substantially and materially to the preparation of this Agreement. 72 Severability. If any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby. 73 Governing Law. This Agreement has been executed and delivered, and is to be performed, in the State of Illinois, and this Agreement and all rights, obligations, liabilities hereunder shall be governed by, and construed in accordance with, the internal laws of the State of Illinois . Venue, for purpose of this Agreement, shall be Kendall County, Illinois , 7. 4 Time Is of The Essence . Time is of the essence of this Agreement. 7. 5 Waiver. No waiver by a party of any breach of this Agreement or any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows of such breach at the time it accepts such payment or development. 7 IN THE WITNESS HEREOF, the parties have executed this Agreement as of the date first written above. United City of Yorkville, an Illinois municipal corporation By: /c, i 0 1,( Mayor Attest: Oky-OerkU , Kendall County, Ill 'nois 9 By: County Board Chairman Attest: W L- County Clerk s Exhibit A Legal Description Lots 1 , 2, 3 and 4 in Block 28 in the United City of the Village of Yorkville Kendall County, unty, i i 9 Exhibit B Plat of vacation for Ridge Street and Jefferson Street showing adjoining property owners �I 10 http ://yorkvill egis.coiiVyork,vil leGIS Yorkville ISIS united city of YorAvBe "alp Lacale Prtrrc LO l ( eg -O - crk �.• Vat 301 Op S � • I r, JEW r� f 407 WN * IF No mu 42 � + ro 95 Feel I '�•—��{ United C y o/ YOHNile GiS J tC r� e" n eD 0 I I �I I i I'I 1 of 1 12/23/2009 2 : 12 PM i Plot of Vocation of Jefferson Street and art of Ride Street York vi//e Ken dal Coun t, y Min ois N 81 ock 28 �vdis�i Stmt 50. 0 ' 1 " - 100 ' •�, Bjock 19 i3lock 18 `N 200 ' l�1090 St ,,,.t o Be Vacvteo' 14 State of Illinois• B10Ck Wo SS County of Kendall: This is to certify that /, James M. Olson, an Illinois Profess/onol Land Surveyor have prepared the plat hereon drawn to be a correct representation of that part of Ridge Street and Jefferson Street in the Original V11/age of Yorkville to be vacated by ordinance. Doted at Yorkville, Illinois April 20, 2010. PROFESSIONAL James M. Olson LAND SURVEYOR Illinois Professional Land Surveyor No. 2253 v ' 1�DE0 IFiCATE3 N License expires November 30, 2010 9l , James M. Olson Associates, Ltd. OF 107 West Madison Street Yorkville, Illinois 60560 (630) 553 0050 qty of Yorkville No 9576 vac i James M. Ohm Asseth tes, III 107 West Madison Street — Yorkville, IL 60560 Phone 630-553-0050 � Fax 630-553-0964 April 20, 2010 Legal Description for City of Yorkville Streets to be Vacated : That part of Ridge Street lying between Blocks 14 and 19 in the Original Village of Yorkville extending from the east line of South Main Street to the East line of Jefferson Street and that part of Jefferson Street lying between Blocks 18 and 19 in said Original Village extending from the North line of Ridge Street to the South line of Madison Street, all in the United City of Yorkville, Kendall County, Illinois , Ordinance No. 2010- 1 i AN ORDINANCE VACATING JEFFERSON STREET AND A PORTION OF RIDGE STREET LOCATED IN THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville has purchased the Old Kendall County Jail Property located at the northeast corner of S . Main Street and Madison Street; and, WHEREAS , the purchase agreement between the United City of Yorkville and Kendall County requires that the City vacate all of Jefferson Street and the portion of Ridge Street located between S . Main Street and Jefferson Street which are publicly dedicated roads located within the United City of Yorkville (the "Roadways") ; and, WHEREAS , the United City of Yorkville, through its Mayor and City Council held a Public Hearing pursuant to 65 ILCS 5/ 11 -91 - 1 permitting all public input and comment in regard to the vacation of said Roadways ; and, WHEREAS , it is the intention of the United City of Yorkville to vacate said Roadways as legally described in the attached Exhibit ,4 and depicted on the attached Exhibit B being the Plat of Vacation in accordance with its obligations under the purchase agreement with Kendall County; and, WHEREAS , the City Council of the United City of Yorkville finds that said Roadways do not have substantial value that should require any compensation to the City nor does the vacation cause any loss to any landowner requiring compensation; and, WHEREAS , the City Council of the United City of Yorkville has determined that in addition i to its obligations under the aforesaid purchase agreement with Kendall County, it is in the public interest to vacate said Roadways thereby relieving the City of any burden of maintenance and repair. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : Section L The property described on Exhibit A and depicted on Exhibit B and commonly known as Jefferson Street and the portion of Ridge Street located between S . Main Street and Jefferson Street is hereby vacated. Section IT The City Council further finds that the vacation of said roadways is in the public interest based upon the findings of the City Council, and that no damage. (monetary or otherwise) shall result to the residents of the United City of Yorkville by reason of said vacation. Section III. The City Clerk is hereby directed to record with the Kendall County Recorder a certified copy of this Ordinance, together with Exhibit B the Plat of Vacation attached to this Ordinance. Section IV. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D . 2010 , ROBYN SUTCLIFF GEORGE T. GILSON, JR, ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D . 2010 , Mayor Attest: City Clerk `,QED Clry Reviewed By: Agenda Item Number Legal ❑ Finance EST. � � ; 1836 El Engineer ❑ Tracking Number City Administrator ❑ 0� sem O` Consultant ❑ Ker&ICWr" CC 2010-74 <It E ❑ Agenda Item Summary Memo Title : Holiday Under the Stars Event Discussion Meeting and Date : City Council 9/28/ 10 Synopsis : Council Action Previously Taken : Date of Action: Action Taken : Item Number: Type of Vote Required : Council Action Requested : Submitted by : Alderperson Spears Name Department Agenda Item Notes : This agenda item was added at the request of Alderperson Spears, with the consent of Alderman Golinski and Alderman Gilson. [City Administrator' s note] Festival layouts and logistical plans were unavailable at time of packet creation. They will be distributed and discussed at the City Council meeting. ♦,��D C/T� Reviewed By: Agenda Item Number J� ®J 0 Legal ❑ i 1 EST. 1836 Finance El Engineer ❑ Tracking Number Ll City Administrator Fow CWJFAJ$em 20 Consultant ❑ ADM 2010-48 <kE ,VV ❑ Agenda Item Summary Memo Title : Ordinance Establishing a Cultural Commission Meeting and Date : City Council 9/28/ 10 Synopsis : An ordinance establishing anew Cultural Commission, Council Action Previously Taken : Date of Action: N / A Action Taken : Item Number: Type of Vote Required : Majority Council Action Requested : Approval Submitted by: Mayor Burd Name Department Agenda Item Notes : Attached is a red-line version of the ordinance, which incorporates the changes made by the Administration Committee on September 16 th. A clean copy is also attached. y R ' i C) Ordinance No. 2010— AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ESTABLISHING THE YORKVILLE CULTURAL COMMISSION WHEREAS, the United City of Yorkville (the " Cite") , is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City desires to establish a cultural commission as authorized by the Illinois Compiled Statutes (65 ILCS 5/ 11 -45 . 1 - 1 et seq.) devoted to the exhibition of works of art, the conduct of programs of music and the performing arts, the establishment of museums, the exhibition of historical objects, the presentation of dramatic productions, and other exhibitions and performances enhancing the cultural and intellectual level of the City;—ate. WHEREAS ) the City desires to tifilize sueh City f4eilifies as it deems praefieal to pro 3V id 11 l l l M such eultui:a / e fi ifies 1 Y t� benefit of its Y efits ; an ��Q !�r J�r,M1Z[f��[�I r��L1VV 1��e1 111 �Vll1. V1 1 ,V 1 ��r WHEREAS5 the Mayor- and City Getineil of the City have detOnnined that the estabhstA* within the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : Section IL That Chapter 9 of Title 2 be and is hereby added to the City Code of the United City of Yorkville to read as follows : "Chapter 9 YORKVILLE CULTURAL COMMISSION 2-9- 1 - COMMISSION ESTABLISHED There is hereby established the United City of Yorkville Cultural Commission for the purpose of organizing and producing exhibition of works of art, programs of music and performing arts, establishment of museums, the exhibition of historical objects, the presentation of dramatic productions and other exhibitions and performances as deemed desirable to enhance the cultural and intellectual opportunities of the citizens of the City. 2-9-2- MEMBERS . The board shall consist of seven (7) members to be appointed by the Mayor with the advice and consent of the City Council . Each member shall serve for three (3 ) years . The initial terms shall be staggered with three members appointed for a one year term, two members for a two year term and two members appointed for a three year term . Vacancies occurring on the Commission shall be filled by appointment to serve for the unexpired term . Removal of any member of the Commission shall be in conformance with the procedures as set forth in the Illinois Municipal Code, as from time to time amended. All members shall be persons who are residents and known to have an interest and/or expertise in the functions and duties of the Commission. The chairperson shall be appointed by theMayo elected by the Commission. The Mayor shall also serve as an ex officio member of the Commission. No member shall receive compensation for serving on the Commission. 2-9-3- MEETINGS , The Commission shall meet on a regular basis on a schedule to be established by the members but not less than once each quarter of the calendar year. 2-9-4- DUTIES AND FUNCTIONS . The Commission shall have as its duties and functions : A. To serve as an advisory body to the Mayor and City Council in developing and fostering the historical, artistic, dramatic and cultural programs in the City. B . To recommend and advocate to the Mayor and City Council projects or programs to enhance and increase the cultural opportunities in the City and venues for the provision of such projects and programs . C . To enhance the economic base in the City by promoting opportunities to combine history, art and culture with economic development. D . To support and foster strong bonds between and among all cultural, historic and artistic organizations in the City, encourage new organizations and work cooperatively with other City Commissions and Committees and other public and private agencies . E . To provide a vehicle for publicizing all events of various organizations as well as community, state or national events related to the history, art and culture. F . To coordinate, recommend and advocate to the Mayor and City Council the use of grants or gifts to support events and improve the facilities utilized for City events related to history, art and culture. G . To work with appropriate City personnel to establish means to elicit public participation in and support of all City programs . H . To recommend to the Mayor and City Council various programs calculated to enhance the viability of any historic, artistic or cultural district as may be established by the City. " Section H2 . This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the Mayef and-City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D . 2010 . ROBYN SUTCLIFF GEORGE T. GILSON, JR, ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH ,I APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D . 2010 , Mayor Attest: City Clerk C UA Copy Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ESTABLISHING THE YORKVILLE CULTURAL COMMISSION WHEREAS, the United City of Yorkville (the " City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City desires to establish a cultural commission as authorized by the Illinois Complied Statutes (65 ILCS 5/11 -45 . 1 - 1 et. seq.) devoted to the exhibition of works of art, the conduct of programs of music and the performing arts , the establishment of museums, the exhibition of historical objects, the presentation of dramatic productions, and other exhibitions and performances enhancing the cultural and intellectual level of the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : Section 1. That Chapter 9 of Title 2 be and is hereby added to the City Code of the United City of Yorkville to read as follows : "Chapter 9 YORKVILLE CULTURAL COMMISSION 2-9- 1 COMMISSION ESTABLISHED There is hereby established the United City of Yorkville Cultural Commission for the purpose of organizing and producing exhibition of works of art, programs of music and performing arts, establishment of museums, the exhibition of historical objects, the presentation of dramatic productions and other exhibitions and performances as deemed desirable to enhance the cultural and intellectual opportunities of the citizens of the City. 2-9-2 MEMBERS I The board shall consist of seven (7) members to be appointed by the Mayor with the advice and consent of the City Council . Each member shall serve for three (3 ) years . The initial terms shall be staggered with three members appointed for a one year term, two members for a two year term and two members appointed for a three year term . Vacancies occurring on the Commission shall be filled by appointment to serve for the unexpired term . Removal of any member of the Commission shall be in conformance with the procedures as set forth in the Illinois Municipal Code, as from time to time amended. All members shall be persons who are residents and known to have an interest and/or expertise in the functions and duties of the Commission. The chairperson shall be elected by the Commission. The Mayor shall also serve as an ex officio member of the Commission. No member shall receive compensation for serving on the Commission. 2-9-3 MEETINGS The Commission shall meet on a regular basis on a schedule to be established by the members but not less than once each quarter of the calendar year. Ii I 2-9-4 DUTIES AND FUNCTIONS The Commission shall have as its duties and functions : A. To serve as an advisory body to the Mayor and City Council in developing and fostering the historical, artistic, dramatic and cultural programs in the City. B . To recommend and advocate to the Mayor and City Council projects or programs to enhance and increase the cultural opportunities in the City and venues for the provision of such projects and programs . C . To enhance the economic base in the City by promoting opportunities to combine history, art and culture with economic development. D . To support and foster strong bonds between and among all cultural, historic and artistic organizations in the City, encourage new organizations and work cooperatively with other City Commissions and Committees and other public and private agencies . E . To provide a vehicle for publicizing all events of various organizations as well as community, state or national events related to the history, art and culture. F. To coordinate, recommend and advocate to the Mayor and City Council the use of grants or gifts to support events and improve the facilities for City events related to history, art and culture. G. To work with appropriate City personnel to establish means to elicit public participation in and support of all City programs . H . To recommend to the Mayor and City Council various programs calculated to enhance the viability of any historic, artistic or cultural district established by the City. " Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D . 2010 . ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. 2 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 20100 Mayor Attest: City Clerk I i 3