City Council Packet 2009 12-08-09 s,�E,D CLAD
d United City of Yorkville
let 800 Game Farm Road
ESL 7836 Yorkville, Illinois 60560
< [,.1 Telephone: 630-553 -4350
,.p� ` " Fax: 630-553 -7575
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AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 p.m.
Tuesday, December 8, 2009
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Wally Werderich Gary Golinski Marty Manus 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:
6:30 p.m., December 15, 2009
City Hall Conference Room
Economic Development Committee:
6:00 p.m., January 5, 2010
City Hall Conference Room
Administration Committee Meeting:
6:00 p.m., December 17, 2009
City Hall Conference Room
Public Safety Committee Meeting:
6:00 p.m., December 21 , 2009
City Hall Conference Room
Presentations:
1 . Presentation to City Council by Linzie Coffey
City Council Meeting Agenda
December 8, 2009
Page 2
Public Hearings:
Citizen Comments:
Consent Agenda:
1 . CC 2009-97 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003- 101
(Windett Ridge Project) and Approving the Amended Special Tax Roll - authorize Mayor and City
Clerk to execute
2. CC 2009-98 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004- 107
(Raintree Village II Project) - authorize Mayor and City Clerk to execute
3 . CC 2009-99 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005- 108
(Autumn Creek Project) and Approving the Amended Special Tax Roll - authorize Mayor and City
Clerk to execute
4. CC 2009-100 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005-
109 (Bristol Bay I Project) and Approving the Amended Special Tax Roll - authorize Mayor and
City Clerk to execute
5. CC 2009- 101 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002 (Fox
Industrial Park) - authorize Mayor and City Clerk to execute
6. CC 2009- 102 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $3 ,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B
(Countryside Interceptor) - authorize Mayor and City Clerk to execute
7. CC 2009- 103 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $3 ,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005
(Countryside TIF) - authorize Mayor and City Clerk to execute
8. CC 2009- 104 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $3 ,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A (In-
Town Road Program) - authorize Mayor and City Clerk to execute
9. CC 2009- 105 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C
(Waterworks and Sewer) - authorize Mayor and City Clerk to execute
10. CC 2009- 106 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $11 ,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D (Rob
Roy Creek) - authorize Mayor and City Clerk to execute
11 . CC 2009- 107 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $3,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2007A
(Refinance 2003A) - authorize Mayor and City Clerk to execute
12. CC 2009- 108 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $2,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2008
(Refinance Rob Roy Creek) - authorize Mayor and City Clerk to execute
City Council Meeting Agenda
December 8, 2009
Page 3
Consent Agenda (cont'd):
13 . CC 2009- 109 Resolution of Authorization to Close Fifth Third Bank Checking Account No. 7233190730
(Rob Roy Creek Bond) - authorize Mayor and City Clerk to execute
14. CC 2009-110 Ordinance Approving an Amended Recreational Lease Agreement for Disc Golf By and
Between the City and Commonwealth Edison Company - authorize Mayor and City Clerk to execute
Plan Commission / Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council — October 13, 2009
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 634,231 .96 (vendors)
$ 262,554.25 (payroll period ending 11 /21 /09)
$ 896,786.21 (total)
Reports:
Mayor' s Report:
1 . CC 2009-111 Green Update
2. CC 2009-112 Resolution Adopting a Grievance Procedure Under the Americans with Disabilities Act
3 . CC 2009- 113 Appointment of Americans with Disabilities Act (ADA) Coordinator
4. CC 2009- 114 Appointment of Freedom of Information Officers
5 . CC 2009-115 Tax Levy Update
6. CC 2009- 116 Property Insurance Proposal / RFP Results
7. CC 2009- 117 City Council Meeting Schedule for 2010
8 . PW 2009- 104 Ordinance Providing for the Regulation of Post-Construction Implementation of
Stormwater Best Management Practices — Second Reading
City Council Report:
City Attorney' s Report:
City Clerk' s Report:
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
City Council Meeting Agenda
December 8, 2009
Page 4
Reports (cont'd):
City Engineer' s Report:
Director of Public Works Report:
Chief of Police Report:
Director of Parks & Recreation Repo
Community Development Director Report:
Community Relations Officer:
Community & Liaison Report:
Committee Reports :
Public Works Committee Report:
1 . PW 2009-85 Ordinance Amending City Code Title 6 — Traffic, Chapter 3 — Traffic Schedules (Van
Emmon Street and Heustis Street)
Economic Development Committee Report:
1 . No report.
Public Safety Committee Report:
1 . No report.
Administration Committee Report:
1 . No report.
Additional Business:
Executive Session :
1 . For the appointment, employment, compensation, discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the public body, including hearing testimony on a
complaint lodged against an employee of the public body or against legal counsel for the public body to
determine its validity.
Adjournment:
City Council Meeting Agenda
December 8, 2009
Page 5
COMMITTEES, MEMBERS AND RESPONSIBILITIES
;PUBLIC WORKS;
-------------
Committee------------=--------------------------------------------------------------------------------------------------------------------------------------ons--------------------------------------
Committee Departments Liaisons
Chairman: Alderman Plocher Water and Sewer Park Board
Vice-Chairman: Alderman Gilson Streets and Alleys YBSD
Committee: Alderman Munns Sanitation and Waste
Committee: Alderman Teeling
iECONOMIC DEVELOPMENT;
--------------------------------------------------
Committee Departments Liaisons
Chairman: Alderman Golinski Planning & Building & Zoning Plan Commission
Vice-Chairman: Alderman Spears Business & Economic Dev. Yorkville Econ. Dev. Corp.
Committee: Alderman Werderich Kendall Co. Plan Commission
Committee: Alderman Sutcliff Aurora Area Convention &
Visitors Bureau
PUBLIC SAFETI
Committee Departments Liaisons
Chairman: Alderman Werderich Police Human Resource Comm.
Vice-Chairman: Alderman Munns Schools School District
Committee: Alderman Spears Public Relations KenCom
Committee: Alderman Plocher
[ADMINISTRATION
_ _ __ _ __ ____°- --- ---- - - ------ ----- ---
=_Com ---
mittee Departments Liaisons
Chairman: Alderman Sutcliff Finance Metra
Vice-Chairman: Alderman Teeling Public Properties Library
Committee: Alderman Gilson Personnel Cable Consortium
Committee: Alderman Golinski
UNITED CITY OF YORKVILLE
WORKSHEET
CITY COUNCIL
Tuesday, December 8, 2009
7:00 PM
CITY COUNCIL CHAMBERS
----------------------------------------------------------------------------------------------------------------------------------------
AMENDMENTS TO AGENDA:
----------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------
PRESENTATIONS :
----------------------------------------------------------------------------------------------------------------------------------------
1 . Presentation to City Council by Linzie Coffey
-----------------------------------------------------------------------------------------------------------------------------------------
CITIZEN COMMENTS :
-----------------------------------------------------------------------------------------------------------------------------------------
CONSENT AGENDA:
1 . CC 2009-97 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-101
(Windett Ridge Project) and Approving the Amended Special Tax Roll
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
2. CC 2009-98 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004- 107
(Raintree Village II Project)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
3 . CC 2009-99 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005- 108
(Autumn Creek Project) and Approving the Amended Special Tax Roll
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
4. CC 2009- 100 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005-109
(Bristol Bay I Project) and Approving the Amended Special Tax Roll
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
5 . CC 2009- 101 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and Interest
on $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002 (Fox Industrial Park)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
--------------------
6. CC 2009- 102 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and Interest
on $3 ,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B (Countryside
Interceptor)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
7. CC 2009- 103 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and Interest
on $3 ,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005 (Countryside TIF)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
8 . CC 2009- 104 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and Interest
on $3 ,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A (In-Town Road
Program)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
9. CC 2009- 105 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and Interest
on $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C (Waterworks and
Sewer)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
10. CC 2009-106 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $ 11 ,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D
(Rob Roy Creek)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
11 . CC 2009- 107 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $3 ,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2007A
(Refinance 2003A)
❑ Approved: Y N ❑ Subjectto
❑ Removed
❑ Notes
----------------------------------------------------------------------------------------------------------
12. CC 2009- 108 Ordinance Abating the Tax Hereto Levied for the Year 2009 to Pay the Principal of and
Interest on $2,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2008 (Refinance
Rob Roy Creek)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
13 . CC 2009- 109 Resolution of Authorization to Close Fifth Third Bank Checking Account No. 7233190730
(Rob Roy Creek Bond)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
14. CC 2009-110 Ordinance Approving an Amended Recreational Lease Agreement for Disc Golf By and
Between the City and Commonwealth Edison Company
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
MINUTES FOR APPROVAL:
-----------------------------------------------------------------------------------------------------------------------------------------
1 . City Council — October 13, 2009
❑ Approved
❑ As presented
❑ As amended
----------------------------------------------------------------------------------------------------------------------------------------
BILL LIST:
❑ Approved
❑ As presented
❑ As amended
❑ Notes
MAYOR'S REPORT:
-----------------------------------------------------------------------------------------------------------------------------------------
1 . CC 2009- 111 Green Update
❑ Approved: Y N o Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
-------
2. CC 2009-112 Resolution Adopting a Grievance Procedure Under the Americans with Disabilities Act
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
3 . CC 2009- 113 Appointment of Americans with Disabilities Act (ADA) Coordinator
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
4. CC 2009- 114 Appointment of Freedom of Information Officers
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
5 . CC 2009-115 Tax Levy Update
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
6. CC 2009-116 Property Insurance Proposal / RFP Results
❑ Approved: Y N ❑ Subjectto
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
7. CC 2009-117 City Council Meeting Schedule for 2010
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
8. PW 2009-104 Ordinance Providing for the Regulation of Post-Construction Implementation of
Stormwater Best Management Practices — Second Reading
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
-----------------------------------------------------------------------------------------------------------------------------------------
REPORTS :
-----------------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------
PUBLIC WORKS COMMITTEE REPORT:
1 . PW 2009-85 Ordinance Amending City Code Title 6 — Traffic, Chapter 3 — Traffic Schedules (Van
Emmon Street and Heustis Street)
❑ Approved: Y N ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
ADDITIONAL BUSINESS:
-----------------------------------------------------------------------------------------------------------------------------------------
,? A l Memorandum
To: City Council
Esr. _ leas From : Susan Mika, Finance Director
4 CC: Mayor Bard; Bart Olson City Administrator
.p I® '�imp Date. December 3, 2009
- O
<LE`mnty � Subject: Abatement Ordinances
On the City Council consent agenda for December 8, 2009, items 1 through 4 are to abate the
Special Service Area (SSA) taxes. This is to reduce the amount needed to be levied on the resident's real
estate taxes for their portion of the SSA tax on their development for the upcoming calendar year. These
all must be filed with the County Clerk by the last Tuesday in December. Please note that there will be
three more SSA abatements presented at the December 22, 2009 City Council meeting.
Also on the City Council consent agenda for December 8, 2009, items 5 through 13 are to abate
the City's bonds. This means that the City is guaranteeing the bond payments in the next fiscal year's
budget. This ensures no burden on the residents of the City.
If you have any questions or concerns, please let me know.
`(fD C/py Reviewed By: Agenda Item Number
J` � O� Legal ❑ QA #
Finance
EST. , �� 1836 b�
Engineer ❑
-�� g Tracking Number
11 , City Administrator
Consultant El C C /� _(�-�
W� ❑
Agenda Item Summary Memo
Title: Ordinance to Abate Special Service Area 2003-101 (Windett Ridge Project)
Meeting and Date: City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority vote
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE NO, 2009-
ORDINANCE ABATING SPECIAL SERVICE AREA TAXES
FOR SPECIAL SERVICE AREA NUMBER 2003-101
(WINDETT RIDGE PROJECT) AND
APPROVING THE AMENDED SPECIAL TAX ROLL
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS :
Section 1 . It is found and declared by the City Council of the United City of
Yorkville, Kendall County, Illinois (the "City"), as follows:
(a) The City Council of the City adopted Ordinance No. 2003-57 on
August 12, 2003 (the "Bond Ordinance") which: (i) provided for the issuance of
$6,900,000 of Special Service Area Number 2003- 101 Special Tax Bonds, Series 2003
(Windett Ridge Project) (the "Bonds"), of the United City of Yorkville, for the purpose of
paying for the costs of certain improvements benefiting the Special Service Area Number
2003-101 (the "Special Service Area"); and (ii) provided for the levy of a Special Tax
upon all taxable property within the Special Service Area sufficient to pay the principal
of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to
pay interest and Administrative Expenses of the Special Service Area for each such year.
The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such
Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as
defined in the Bond Ordinance) as calculated pursuant to the Special Tax Roll and Report
for the Special Service Area (the "Special Tax Roll").
(b) Pursuant to the Special Tax Roll, the Consultant of the City has
determined (i) that the Special Tax Requirement for 2009 for the Bonds is $452,675 and
the 2009 Levy for Special Taxes is $452,675 (which complies with the Kendall County
tax billing requirement of rounding the per parcel special tax up to the nearest even cent
on single family property).
Section 2. Of the $589,456 of Special Taxes levied for calendar year 2009 pursuant
to Section 6 of the Bond Ordinance $ 136,781 of such Special Taxes is hereby abated resulting in
a 2009 calendar year levy of $452,675.
Section 3 . It is the duty of the County Clerk of Kendall County to abate those taxes
as provided in Section 2 of this Ordinance.
Section 4. The City Council of the City hereby approves the United City of Yorkville
Special Service Area Number 2003-101 Amended Special Tax Roll and Explanation of the
Methodology to Amend the Special Tax Roll for Calendar Year 2009 prepared by David
Taussig & Associates, Inc. for the Special Service Area dated December 2, 2009 with such
changes therein as are deemed necessary by the Mayor and the City' s consultant to reflect any
changes in final parcel identification numbers.
Section 5 . All ordinances, resolutions and orders or parts of ordinances, resolutions
and orders in conflict with this ordinance are repealed to the extent of such conflict. The City
Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in
full force and effect after passage and publication as provided by law.
2
PASSED by the City Council of the City this December , 2009.
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR.
City Clerk
SIGNED by the Mayor this December , 2009.
Mayor
ATTEST:
City Clerk
Published in pamphlet form December , 2009.
3
Reviewed By: Agenda Item Number
Legal ❑ CA-}k,;2
EST. 1836 Finance x
1 ` Engineer ❑ Tracking Number
I� y City Administrator
Consultant ❑ LC �0 _(fig
<GE ?' F]
Agenda Item Summary Memo
Title: Ordinance to Abate Special Service Area 2004-107 (Raintree Village II Project)
Meeting and Date• City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE NO. 2009-
ORDINANCE ABATING SPECIAL SERVICE AREA TAXES
FOR SPECIAL SERVICE AREA NUMBER 2004-107
(RAINTREE VILLAGE II PROJECT)
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS :
Section 1 . It is found and declared by the City Council of the United City of
Yorkville, Kendall County, Illinois (the "City"), as follows:
(a) The City Council of the City adopted Ordinance No. 2005-91 on
November 22, 2005 (the "Bond Ordinance") which: (i) provided for the issuance of not
to exceed $ 10,000,000 of Special Service Area Number 2004- 107 Special Tax Bonds,
Series 2005 (Raintree Village II Project) (the "Bonds"), of the United City of Yorkville,
which were issued in the original principal amount of $9,400,000 for the purpose of
paying for the costs of certain improvements benefiting the Special Service Area Number
2004- 107 (the "Special Service Area"); and (ii) provided for the levy of a Special Tax
upon all taxable property within the Special Service Area sufficient to pay the principal
of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to
pay interest and Administrative Expenses of the Special Service Area for each such year.
The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such
Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as
defined in the Bond Ordinance) as calculated pursuant to the Special Service Area
Number 2004- 107 Special Tax Roll and Report (the "Special Tax Report") prepared by
David Taussig & Associates, Inc. (the "Consultant").
(b) Pursuant to the Special Tax Report, the Consultant of the City has
determined that the Special Tax Requirement for 2009 for the Bonds is $658,278 .68 and
the 2009 Levy for Special Taxes is $658,278 .68.
Section 2. Of the $716, 120 of Special Taxes levied for calendar year 2009 pursuant
to Section 6 of the Bond Ordinance $57,841 .32 of such Special Taxes is hereby abated resulting
in a 2009 calendar year levy of $658,278 .68.
Section 3 . It is the duty of the County Clerk of Kendall County to abate those taxes
as provided in Section 2 of this Ordinance.
Section 4. The City Council of the City hereby approves the United City of Yorkville
Special Service Area Number 2004- 107 Amended Special Tax Roll and Explanation of the
Methodology to Amend the Special Tax Roll for Calendar Year 2009 prepared by David
Taussig & Associates, Inc. for the Special Service Area dated December 2, 2009 with such
changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any
changes in final parcel identification numbers.
Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions
and orders in conflict with this ordinance are repealed to the extent of such conflict. The City
Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in
full force and effect after passage and publication as provided by law.
2
PASSED by the City Council of the City this December , 2009.
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR.
City Clerk
SIGNED by the Mayor this December , 2009.
Mayor
ATTEST:
City Clerk
Published in pamphlet form December , 2009.
3
`,`ED Cory Reviewed By: Agenda Item Number
J`' a ® Legal ❑ CR3
EST. "1 1836 Finance
1 Engineer El Tracking Number
City Administrator
- tq
x O Consultant ❑
Agenda Item Summary Memo
Title: Ordinance to Abate Special Service Area 2005-108 (Autumn Creek Project)
Meeting and Date: City Council December 8,2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
Ordinance No. 2009-
ORDINANCE ABATING SPECIAL SERVICE AREA TAXES
FOR SPECIAL SERVICE AREA NUMBER 2005-108
(AUTUMN CREEK PROJECT) AND
APPROVING THE AMENDED SPECIAL TAX ROLL
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS :
Section 1 . It is found and declared by the City Council of the United City of
Yorkville, Kendall County, Illinois (the "City"), as follows:
(a) The City Council of the City adopted Ordinance No. 2006-26 on March
28, 2006 (the "Bond Ordinance") which: (i) provided for the issuance of Special Service Area
Number 2005- 108 Special Tax Bonds, Series 2006 (Autumn Creek Project) (the "Bonds"), of the
United City of Yorkville, for the purpose of paying for the costs of certain improvements
benefiting the Special Service Area Number 2005- 108 (the "Special Service Area"); and (ii)
provided for the levy of Special Taxes upon all taxable property within the Special Service Area
sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund
redemption dates and to pay interest and Administrative Expenses of the Special Service Area
for each such year. The Bond Ordinance also authorized the City to abate the taxes levied
pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement
(as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number
2005- 108 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig &
Associates, Inc. (the "Consultant').
(b) Pursuant to the Special Tax Report, the Consultant of the City has
determined that the Special Tax Requirement for 2009 for the Bonds is $980,548 .56 and the
2009 Levy for Special Taxes is $980,548 .56.
Section 2. Of the $ 1 , 105,036 of Special Taxes levied for calendar year 2009 pursuant
to Section 6 of the Bond Ordinance $ 124,487.44 of such Special Tax is hereby abated resulting
in a 2009 calendar year levy of $980,548.56.
Section 3 . It is the duty of the County Clerk of Kendall County to abate those taxes
as provided in Section 2 of this Ordinance.
Section 4. The City Council of the City hereby approves the United City of Yorkville
Special Service Area Number 2005-108 Amended Special Tax Roll and Explanation of the
Methodology to Amend the Special Tax Roll for Calendar Year 2009 prepared by David Taussig
& Associates, Inc. for the Special Service Area dated December 2, 2009 with such changes
therein as are deemed necessary by the Mayor and the City' s consultant to reflect any changes in
final parcel identification numbers.
Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions
and orders in conflict with this ordinance are repealed to the extent of such conflict. The City
Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in
full force and effect after passage and publication as provided by law.
2
PASSED by the City Council of the City this December , 2009.
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR.
City Clerk
SIGNED by the Mayor this December , 2009.
Mayor
ATTEST:
City Clerk
Published in pamphlet form December , 2009.
3
C/py Reviewed By: Agenda Item Number
J`
%A Legal ❑ C/� #t '
EST. , _ illy 1836 Finance
Engineer ❑
-�� g Tracking Number
09 City Administrator ZI
Consultant ❑❑
<tE tY
Agenda Item Summary Memo
Title: Ordinance to Abate Special Service Area 2005-109 (Bristol Bay I Project)
Meeting and Date; City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
Ordinance No. 2009-
ORDINANCE ABATING SPECIAL SERVICE AREA TAXES
FOR SPECIAL SERVICE AREA NUMBER 2005-109
(BRISTOL BAY I PROJECT) AND
APPROVING THE AMENDED SPECIAL TAX ROLL
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS :
Section 1 . It is found and declared by the City Council of the United City of
Yorkville, Kendall County, Illinois (the "City"), as follows:
(a) The City Council of the City adopted Ordinance No. 2006- 18 on March
14, 2006 (the "Bond Ordinance") which: (i) provided for the issuance of Special Service Area
Number 2005- 109 Special Tax Bonds, Series 2006 (Bristol Bay I Project) (the "Bonds"), of the
United City of Yorkville, for the purpose of paying for the costs of certain improvements
benefiting the Special Service Area Number 2005- 109 (the "Special Service Area"); and (ii)
provided for the levy of Special Taxes upon all taxable property within the Special Service Area
sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund
redemption dates and to pay interest and Administrative Expenses of the Special Service Area
for each such year. The Bond Ordinance also authorized the City to abate the taxes levied
pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement
(as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number
2005- 109 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig &
Associates, Inc. (the "Consultant").
(b) Pursuant to the Special Tax Report, the Consultant of the City has
determined that the Special Tax Requirement for 2009 for the Bonds is $ 1 ,266,307. 16 and the
2009 Levy for Special Taxes is $ 1 ,266,307. 16.
Section 2. Of the $3,088,986 of Special Taxes levied for calendar year 2009 pursuant
to Section 6 of the Bond Ordinance $ 1 ,822,678 .84 of such Special Tax is hereby abated resulting
in a 2009 calendar year levy of $ 1 ,266,307. 16.
Section 3 . It is the duty of the County Clerk of Kendall County to abate those taxes
as provided in Section 2 of this Ordinance.
Section 4. The City Council of the City hereby approves the United City of Yorkville
Special Service Area Number 2005- 109 Amended Special Tax Roll and Explanation of the
Methodology to Amend the Special Tax Roll for Calendar Year 2009 prepared by David Taussig
& Associates, Inc. for the Special Service Area dated December 2, 2009 with such changes
therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in
final parcel identification numbers.
Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions
and orders in conflict with this ordinance are repealed to the extent of such conflict. The City
Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in
full force and effect after passage and publication as provided by law.
2
PASSED by the City Council of the City this December , 2009.
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR.
City Clerk
SIGNED by the Mayor this December , 2009.
Mayor
ATTEST:
City Clerk
Published in pamphlet form December 2009.
3
`SOD C/py Reviewed By: Agenda Item Number
0,1% Legal ❑
Finance
EST.. leas Engineer ❑ Tracking Number
City Administrator
`=O Consultant ❑
<CE ��?' ❑
Agenda Item Summary Memo
Title: Ordinance to Abate $625,000 GO, ARS, Series 2002 (Fox Industrial)
Meeting and Date• City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda item Notes:
ORDINANCE No, 2009-
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $625,000 General Obligation Bonds
(Alternate Revenue Source), Series 2002, of the United City of
Yorkville, Kendall County, Illinois.
WHEREAS the City Council (the "Corporate Authorities ") of the United City of
Yorkville, Kendall County, Illinois (the "City "), by Ordinance Number 2002-03 , adopted on the
12th day of March, 2002 (the "Ordinance "), did provide for the issue of $625,000 General
Obligation Bonds (Alternate Revenue Source), Series 2002 (the "Bonds "), and the levy of a
direct annual tax sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance)
available for the purpose of paying the principal of and interest on the Bonds during the next
succeeding bond year; and
WHEREAS it is necessary and in the best interests of a the City that the tax heretofore
levied for the year 2008 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2009 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2009 in
accordance with the provisions hereof.
Section 3. Effective Date. This Ordinance shall be in full force and effect upon its
passage and approval as provided by law.
ADOPTED by the Corporate Authorities on the 8°i day of December, 2009, pursuant to a
roll call vote as follows:
GARY GOLINSKI MARTY MUNNS
GEORGE GILSON ROBYN SUTCLIFF
ARDEN PLOCHER ROSE SPEARS
WALTER WERDERICH DIANE TEELING
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
8"' day of December, 2009.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
81h day of December, 2009.
Attest:
CITY CLERK
-2-
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the day of
December , 2009, there was filed in my office a duly certified copy of Ordinance No.
entitled:
ORDINANCE abating the tax hereto levied for the year 2009_to pay
the principal of and interest on $625,000 General Obligation to
(Alternate Revenue Source), Series 2002, of the United City of
Yorkville, Kendall County, Illinois.
(the "Ordinance ") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City "), on the 81h day of December, 2009, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2009 for the payment of
the City's $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of December 2009
County Clerk
[SEAL]
Clly Reviewed By: Agenda Item Number
J2 a 010 Legal ❑
Finance M
ESL , � 1836
Engineer ❑ Tracking Number
I� City Administrator
9 `�O Consultant ❑ (' (` aOCA — 1D.9
LE
Agenda Item Summary Memo
Title: Ordinance to Abate $3,500,000 GO,ARS, Series 2004B (Countryside Interceptor)
Meeting and Date City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE NO. 2009-
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $3 ,500,000 General Obligation
Bonds (Alternate Revenue Source), Series 2004B, of the United
City of Yorkville, Kendall County, Illinois.
WHEREAS the City Council (the "Corporate Authorities ') of the United City of
Yorkville, Kendall County, Illinois (the "City "), by Ordinance Number 2004- 10, adopted on the
24th day of February, 2004 (the "Ordinance "), did provide for the issue of $3 ,500,000 General
Obligation Bonds (Alternate Revenue Source), Series 2004B (the `Bonds "), and the levy of a
direct annual tax sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance)
available for the purpose of paying the principal of and interest on the Bonds during the next
succeeding bond year; and
WHEREAS it is necessary and in the best interests of a the City that the tax heretofore
levied for the year 2009 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2009 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2009 in
accordance with the provisions hereof.
Section 3. Effective Date. This Ordinance shall be in full force and effect upon its
passage and approval as provided by law.
ADOPTED by the Corporate Authorities on the 8°i day of December, 2009, pursuant to a
roll call vote as follows:
GARY GOLINSKI MARTY MUNNS
GEORGE GILSON WALTER WERDERICH
ARDEN PLOCHER ROSE SPEARS
ROBYN SUTCLIFF DIANE TEELING
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
8`" day of December, 2009.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
8"' day of December, 2009.
Attest:
CITY CLERK
-2-
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the day
of December, 2009, there was filed in my office a duly certified copy of Ordinance No.
entitled:
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $3,500,000 General Obligation
Bonds (Alternate Revenue Source), Series 2004B, of the United
City of Yorkville, Kendall County, Illinois.
(the "Ordinance ") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City "), on the 8"' day of December, 2009, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2009 for the payment of
the City's $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of December 2009
County Clerk
[SEAL]
C/py Reviewed By: Agenda Item Number
J� il T Legal ❑
Finance
EST, 1836
Engineer El Tracking Number
City Administrator
R- y`2O Consultant L pt , C3
Agenda Item Summary Memo
Title: Ordinance to Abate$3,525,000 GO, ARS, Series 2005 (Countryside TIF)
Meeting and Date: City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE No. 2009-
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $3,525,000 General Obligation
Bonds (Alternate Revenue Source), Series 2005, of the United City
of Yorkville, Kendall County, Illinois.
WHEREAS, the City Council (the "Corporate Authorities ") of the United City of
Yorkville, Kendall County, Illinois (the "City "), by Ordinance Number 2005-22, adopted on the
8th day of March, 2005 (the "Ordinance "), did provide for the issue of $3,525,000 General
Obligation Bonds (Alternate Revenue Source), Series 2005 (the "Bonds "), and the levy of a
direct annual tax sufficient to pay the principal of and interest on the Bonds; and
WHEREAS, the Pledged Revenues (as defined in the Ordinance) have been determined by
the Treasurer to provide an amount not less than 1 .00 times debt service of all Outstanding
Bonds (as defined in the Ordinance) in the next succeeding bond year (June 1 and December 1 );
and
WHEREAS, the Pledged Revenues have been deposited in the Pledged Revenues Account
of the 2005 Alternate Bond Fund (as created in the Ordinance) in an amount sufficient to pay
debt service on all Outstanding Bonds in the next succeeding bond year; and
WHEREAS, it is necessary and in the best interests of a the City that the tax heretofore
levied for the year 2009 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2009 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2009 in
accordance with the provisions hereof.
Section 3. Effective Date. This ordinance shall be in full force and effect forthwith
upon its passage by the Corporate Authorities and signing and approval by the Mayor.
ADOPTED by the Corporate Authorities on the 81h day of December, 2009, pursuant to a
roll call vote as follows:
GARY GOLINSKI MARTY MUNNS
GEORGE GILSON WALTER WERDERICH
ROBYN SUTCLIFF ROSE SPEARS
ARDFN PLOCHER DIANE TEELING
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
81h day of December, 2009.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
8th day of December, 2009.
Attest:
CITY CLERK
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the _ day
of December 2009, there was filed in my office a duly certified copy of Ordinance
No. entitled:
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $3 ,525,000 General Obligation
Bonds (Alternate Revenue Source), Series 2005, of the United City
of Yorkville, Kendall County, Illinois.
(the "Ordinance ") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City "), on the 81h day of December, 2009, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2009 for the payment of
the City' s $3 ,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this _ day of_December 2009.
County Clerk
[SEAL]
QED Ctp,� Reviewed By: Agenda Item Number
J� A Legal ❑ .41
EST. 1836 Finance R1
Engineer El Tracking Number
21 [41 City Administrator
Consultant ❑
<LE ��'�• ❑
Agenda Item Summary Memo
Title: Ordinance to Abate $3,825,000 GO,ARS, Series 2005A (In-Town Road Program)
Meeting and Date: City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE No, 2009-
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $3,825,000 General Obligation
Bonds (Alternate Revenue Source), Series 2005A, of the United
City of Yorkville, Kendall County, Illinois.
WHEREAS the City Council (the "City Council") of the United City of Yorkville, Kendall
County, Illinois (the "City "), by Ordinance Number 2005-52, adopted on the 14th day of June,
2005 (the "Ordinance "), did provide for the issue of $3,825,000 General Obligation Bonds
(Alternate Revenue Source), Series 2005A (the "Bonds "), and the levy of a direct annual tax
sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the Pledged Revenues (as defined in the Ordinance) have been determined by
the City Treasurer to provide an amount not less than 1 .25 times debt service of all Outstanding
Bonds (as defined in the Ordinance) in the next succeeding bond year (June 30 and
December 30); and
WHEREAS the Revenues have been deposited in the United City of Yorkville 2005A Bond
Fund (as created in the Ordinance) in an amount sufficient to pay debt service on all Outstanding
Bonds in the next succeeding bond year; and
WHEREAS it is necessary and in the best interests of the City that the tax heretofore levied
for the year 2009 to pay the principal of and interest on the Bonds be abated;
Now THEREFORE Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2009 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with The County of Kendall, Illinois, and it shall be
the duty of said County Clerk to abate said tax levied for the year 2009 in accordance with the
provisions hereof.
Section 3, Effective Date. This ordinance shall be in full force and effect forthwith
upon its passage by the City Council and signing and approval by the Mayor.
ADOPTED by the Corporate Authorities on the 81h day of December, 2009, pursuant to a
roll call vote as follows:
GARY GOLINSKI MARTY MUNNS
GEORGE GILSON ARDEN PLOCHER
ROBYN SUTCLIEF ROSE SPEARS
WALTER WERDERICH DIANE TEELING
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
81h day of December, 2009.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
8th day of December, 2009.
Attest:
CITY CLERK
-2-
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the
day of December , 2009, there was filed in my office a duly certified copy of Ordinance
No. entitled:
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $3 ,825,000 General Obligation
Bonds (Alternate Revenue Source), Series 2005A, of the United
City of Yorkville, Kendall County, Illinois.
(the "Ordinance ") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City "), on the day of December, 2009, and that the same has
been deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2009 for the payment of
the City's $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of December 2009.
County Clerk
[SEAL]
e.D C/py Reviewed By: Agenda Item Number
J2 A O� Legal ❑ C R C I
Finance R]
EST. , � 1836
Engineer El-�� Tracking Number
City Administrator
Consultant ❑ CCCp�_ [05
ILE
Agenda Item Summary Memo
Title: Ordinance to Abate $2,000,000 GO, ARS, Series 2005C (waterworks & sewer)
Meeting and Date: City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE No, 2009-
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $2,000,000 General Obligation
Bonds (Alternate Revenue Source), Series 2005C, of the United
City of Yorkville, Kendall County, Illinois.
WHEREAS the City Council (the "Corporate Authorities ") of the United City of
Yorkville, Kendall County, Illinois (the "City "), by Ordinance Number 2005- 73 , adopted on the
23rd day of August, 2005 (the "Ordinance "), did provide for the issue of $2,000,000 General
Obligation Bonds (Alternate Revenue Source), Series 2005C (the "Bonds "), and the levy of a
direct annual tax sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance)
available for the purpose of paying the principal of and interest on the Bonds during the next
succeeding bond year; and
WHEREAS it is necessary and in the best interests of the City that the tax heretofore levied
for the year 2009 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2009 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2009 in
accordance with the provisions hereof.
Section 3. Effective Date. This Ordinance shall be in full force and effect upon its
passage and approval as provided by law.
ADOPTED by the Corporate Authorities on the 8`I' day of December, 2009, pursuant to a
roll call vote as follows:
GARY GOLINSKI MARTY MUNNS
GEORGE GILSON DIANE TEELING
ARDEN PLOCHER ROSE SPEARS
ROBYN SUTCLIFF WALTER WERDERICH
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
8`I' day of December, 2009.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
8`I' day of December , 2009.
Attest:
CITY CLERK
-2-
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the
day of December, 2009, there was filed in my office a duly certified copy of Ordinance No.
entitled:
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $2,000,000 General Obligation
Bonds (Alternate Revenue Source), Series 2005C, of the United
City of Yorkville, Kendall County, Illinois.
(the "Ordinance ") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City "), on the 8"' day of December, 2009, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2009 for the payment of
the City' s $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of December 2009
County Clerk
[SEAL]
e,.D C//y Reviewed By: Agenda Item Number
CT Legal ❑Y D
EST. , 1836 Finance 131
Engineer El-�` Tracking Number
Vii, W City Administrator X
Consultant ❑
CO-
Agenda F-1
<LE `VV
Item Summary Memo
Title: Ordinance to Abate $11,300,000 GO, ARS, Series 2005D (Rob Roy)
Meeting and Date: City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE No. 2009-
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $ 11 ,300,000 General Obligation
Bonds (Alternate Revenue Source), Series 2005D, of the United
City of Yorkville, Kendall County, Illinois.
WHEREAS the City Council (the "Corporate Authorities ") of the United City of
Yorkville, Kendall County, Illinois (the "City "), by Ordinance Number 2005- 88 , adopted on the
25th day of October, 2005 (the "Ordinance "), did provide for the issue of $ 11,300,000 General
Obligation Bonds (Alternate Revenue Source), Series 2005D (the "Bonds "), and the levy of a
direct annual tax sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance)
available for the purpose of paying the principal of and interest on the Bonds during the next
succeeding bond year; and
WHEREAS it is necessary and in the best interests of a the City that the tax heretofore
levied for the year 2009 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2009 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2009 in
accordance with the provisions hereof.
Section 3. Effective Date. This Ordinance shall be in full force and effect upon its
passage and approval as provided by law.
ADOPTED by the Corporate Authorities on the 8"' day of December, 2009, pursuant to a
roll call vote as follows:
WALTER WERDERICH MARTY MUNNS
GEORGE GILSON DIANE TEELING
ARDEN PLOCHER ROSE SPEARS
ROBYN SUTCLIFF GARY GOLINSKI
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
81I' day of December, 2009.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
8`I' day of December , 2009.
Attest:
CITY CLERK
-2-
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the
day of December, 2009, there was filed in my office a duly certified copy of Ordinance No.
entitled:
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $ 11 ,300,000 General Obligation
Bonds (Alternate Revenue Source), Series 2005D, of the United
City of Yorkville, Kendall County, Illinois.
(the "Ordinance ") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City "), on the 8`I' day of December, 2009, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2009 for the payment of
the City' s $11 ,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of_December 2009
County Clerk
[SEAL]
`tED clp` Reviewed By: Agenda Item Number
J2 t O-it Legal ❑ LAI 3t
EST. `� 1836 Finance
Engineer ❑ Tracking Number
City Administrator
Consultant ❑
ILE
Agenda Item Summary Memo
Title: Ordinance to Abate $3,020,000 GO, ARS, Series 2007A (Refi 2003A)
Meeting and Date: City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE No, 2009-
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $3 ,020,000 General Obligation
Refunding Bonds, (Alternate Revenue Source), Series 2007A, of
the United City of Yorkville, Kendall County, Illinois.
WHEREAS the City Council (the "Corporate Authorities ") of the United City of
Yorkville, Kendall County, Illinois (the "City "), by Ordinance Number 2007-02, adopted on the
23rd day of January, 2007 (the "Ordinance "), together with a Notification of Sale, dated
February 22, 2007, did provide for the issue of $3,020,000 General Obligation Refunding Bonds
(Alternate Revenue Source), Series 2007A (the "Bonds"), and the levy of a direct annual tax
sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the Pledged Revenues (as defined in the Ordinance) have been demonstrated
by the City Treasurer to provide an amount not less than 1 .25 times debt service of all Bonds in
the next succeeding bond year; and
WHEREAS it is necessary and in the best interests of a the City that the tax heretofore
levied for the year 2009 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2009 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2009 in
accordance with the provisions hereof.
Section 3. Effective Date. This Ordinance shall be in full force and effect forthwith
upon its passage by the Corporate Authorities and approval as provided by law.
ADOPTED by the Corporate Authorities on the 8`1' day of December, 2009, pursuant to a
roll call vote as follows:
WALTER WERDERICH MARTY MUNNS
GEORGE GILSON DIANE TEELING
ARDEN PLOCHER ROSE SPEARS
ROBYN SUTCLIFF GARY GOLIN SKI
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
81h day of December, 2009.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
8"' day of December , 2009.
Attest:
CITY CLERK
-2-
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the
day of December, 2009, there was filed in my office a duly certified copy of Ordinance No.
entitled:
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $3,020,000 General Obligation
Refunding Bonds (Alternate Revenue Source), Series 2007A, of
the United City of Yorkville, Kendall County, Illinois.
(the "Ordinance ") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City "), on the 81h day of December, 2009, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2009 for the payment of
the City's $3 ,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2007A, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of _December 2009
County Clerk
[SEAL]
Reviewed By: Agenda Item Number
Legal ❑ C lF 1
EST. , `
1836 Finance
Engineer ❑ Tracking Number
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Agenda Item Summary Memo
Title: Ordinance to Abate $2,020,000 GO, ARS, Series 2008 (Refi Rob Roy)
Meeting and Date• City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
ORDINANCE No. 2009-
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $2,020,000 General Obligation
Bonds (Alternate Revenue Source), Series 2008, of the United City
of Yorkville, Kendall County, Illinois.
WHEREAS the City Council (the "Corporate Authorities ") of the United City of
Yorkville, Kendall County, Illinois (the "City "), by Ordinance Number 2008-125, adopted on the
22nd day of December, 2008 (the "Ordinance "), did provide for the issue of $2,020,000 General
Obligation Refunding Bonds (Alternate Revenue Source), Series 2008 (the `Bonds "), and the
levy of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance)
available for the purpose of paying the principal of and interest on the Bonds during the next
succeeding bond year; and
WHEREAS it is necessary and in the best interests of a the City that the tax heretofore
levied for the year 2009 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2009 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2009 in
accordance with the provisions hereof.
Section 3. Effective Date. This Ordinance shall be in full force and effect upon its
passage and approval by the Corporate Authorities and signing and approval by the Mayor as
provided by law.
ADOPTED by the Corporate Authorities on the day of December, 2009,
pursuant to a roll call vote as follows:
GARY GOLINSKI MARTY MUNNS
GEORGE GILSON WALTER WERDERICH
ARDEN PLOCHER ROSE SPEARS
ROBYN SUTCLIFF DIANE TEELING
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
8`" day of December, 2009.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
81i day of December, 2009.
Attest:
CITY CLERK
-2-
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the day
of December, 2009, there was filed in my office a duly certified copy of Ordinance No.
entitled:
ORDINANCE abating the tax hereto levied for the year 2009 to pay
the principal of and interest on $2,020,000 General Obligation
Refunding Bonds (Alternate Revenue Source), Series 2008, of the
United City of Yorkville, Kendall County, Illinois.
(the "Ordinance ") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City "), on the 8"' day of December, 2009, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2009 for the payment of
the City' s $2,020,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series
2008, as described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of December 2009
County Clerk
[SEAL]
D C1TReviewed By: Agenda Item Number
J� 0,0 Legal ❑
EST. 1836 Finance 9
1 Engineer El��-- Tracking Number
0� 111 's1 y City Administrator Rf
Consultant ❑
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Agenda Item Summary Memo
Title: Resolution to close Fifth Third Bank account number 7233190730 for the Rob Roy
Creek Bond
Meeting and Date: City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2009-
RESOLUTION OF AUTHORIZATION
TO CLOSE FIFTH THIRD BANK
CHECKING ACCOUNT NO. 7233190730
Whereas, the City Council of the United City of Yorkville has maintained checking
account no. 7233190730 at Fifth Third Bank to maintain expenditures for the Rob Roy Creek
Bond; and
Whereas, it has been determined that the account has a zero balance and is no longer
necessary due to the project completion; and
NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United
City of Yorkville that the Fifth Third Bank Checking Account Number 7233190730 be closed,
and that the Mayor, City Clerk, City Treasurer and Finance Director are hereby authorized to
take all actions, and sign all documents necessary consistent with this Resolution.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of A.D. 2009.
CITY CLERK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of A.D. 2009.
MAYOR
C/ry Reviewed By: Agenda Item Number
J2 �n Legal 1836 /� gt
EST. Finance F-1
Engineer ❑
City Administrator Tracking Number
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Public Works ❑
City Council Agenda Item Summary Memo
Title: Ordinance amending ComEd lease agreement for disc golf
City Council/Committee Agenda Date: City Council—December 8, 2009
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: August 2009 Action Taken: Approved agreement
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
`,�OGp CIA,
a� OkA Memorandum
o
To: City Council
Esr. leas From: Bart Olson, City Administrator
CC :
®I \ Date: December 4, 2009
LE`W``y`� Subject: ComEd Disc Golf Lease Amendment
This agreement was approved by City Council on August 11 , 2009. After this agreement
was approved and executed by the City and sent to ComEd for execution, ComEd informed us
that the legal description on the first page was incorrect. The original agreement references on
the first line "Yorkville-Morris". The correct legal description is "Plano-Montgomery". This
amendment fixes this error, and was placed on the consent agenda due to its minor nature.
Ordinance No. 2009-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING AN AMENDED RECREATIONAL LEASE AGREEMENT FOR DISC GOLF BY AND
BETWEEN THE CITY AND COMMONWEALTH EDISON COMPANY
WHEREAS, the United City of Yorkville, Kendall County, Illinois (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 lease certain property from Commonwealth Edison Company
("ComEd ') pursuant to a Recreational Lease Agreement by and between the City and ComEd (the
"Lease "), attached hereto and made a part hereof, in accordance with the terms and conditions therein
specified.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section I. The above recitals are incorporated and made a part of this Ordinance.
Section 2. ComEd Easement Lease Agreement for Grande Reserve Park B, approved by the
Mayor and City Council on August 11 , 2009, is hereby repealed.
Section 3. The Lease, for a period of ten (10) years commencing as of the date of its execution,
unless sooner terminated, in accordance with the terms and conditions therein specified, is hereby
approved, and the Mayor and City Clerk are hereby authorized and directed to execute same.
Section 4. The Mayor is hereby authorized to undertake any and all actions as may be required
to implement and enforce the provisions of said Lease, and, in particular, any and all undertakings on the
part of the City as itemized therein.
Section 5. That 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. 2009.
ATTEST:
CITY CLERK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLIN SKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Day of A.D. 2009.
MAYOR
R/W: PLANO-MONTGOMERY
SW1 /4, SEC. 11 , TWP.37 NORTH , RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN
PARCEL 20
KENDALL COUNTY, ILLINOIS
C. E.CO. TAX PARCEL: 8180
TAX ID: 02-11 -300-006-0062
RECREATIONAL LEASE
THIS RECREATIONAL LEASE (the "Lease") is made as of
2009, by and between, COMMONWEALTH EDISON COMPANY, an Illinois corporation
(hereinafter referred to as "Landlord"), and the UNITED CITY OF YORKVILLE, an Illinois
municipal corporation (hereinafter referred to as "Tenant").
Landlord, for and in consideration of the payment of Fees (as hereinafter
defined ) by Tenant, and of the covenants, conditions and agreements of Tenant hereinafter set
forth, does hereby lease and demise to the Tenant (without warranty of title), and Tenant does
hereby lease from Landlord, a portion of Landlord's property shown on the drawing which is
attached hereto as Exhibit "A" and made a part hereof (the "Leased Premises'), for the
purposes specified in Section 2 below.
1 . TERM .
The term of this Lease (the "Term") shall begin on 2009
(the "Commencement Date"), and shall terminate on 2019, unless sooner
terminated as provided herein.
2. PURPOSE.
The Leased Premises shall be used by Tenant solely for the purposes of a Disc
Golf in compliance with all Legal Requirements (as defined in the next sentence) and the
terms and provisions of this Lease, and for no other purposes (the "Permitted Use") as shown
on said Exhibit "A" . For purposes hereof, the term "Legal Requirements" shall mean all present
and future laws, rules, orders, ordinances, regulations, statutes, requirements, codes, executive
orders, court orders, rules of common law, and any judicial interpretations thereof, extraordinary
as well as ordinary, of all governmental authorities, and all rules, regulations and government
orders with respect thereto, and of any applicable fire rating bureau, or other body exercising
similar functions, affecting the Leased Premises or the maintenance, use or occupation thereof,
or any street, sidewalk or other property comprising a part thereof, regardless of whether
imposed by their terms upon Landlord or Tenant, or the use and occupancy thereof by Tenant.
3. FEES.
A. Review Fees. The parties acknowledge that Tenant has paid and
Landlord has received as a review fee in the amount of fifteen hundred and No/100 Dollars
($ 1500.00). 8. Fees. For purposes of this Lease, the term "Fees" shall mean the Review Fee
and all other fees and amounts due and payable by Tenant to Landlord under this Lease.
B. Payment of Fees. All Fees due and payable by Tenant under this Lease
shall be paid to the following address:
Commonwealth Edison Company
Real Estate Department & Facilities
Three Lincoln Center-4`h Floor NE
Oakbrook Terrace, Illinois 60181
Attn: Revenue Manager
or to such other place as Landlord may from time to time designate in writing . All payments
due from Tenant hereunder which are not paid when due shall bear interest at a rate equal to
nine percent (9% ) per annum from the date due until paid (the "Default Rate'). In addition to,
and not in lieu of, the foregoing (and any other rights and remedies to which Landlord is entitled
under this Lease), in the event that any payment due from Tenant hereunder is not paid within
five (5) business days of the date that the same is due, then a late fee in the amount of five
percent (5%) of the unpaid amount shall be due and payable by Tenant to Landlord . All Fees
shall be paid by Tenant without notice or demand , and without any set-off, counterclaim,
abatement or deduction whatsoever, in lawful money of the United States by bank check or wire
transfer of immediately available funds. Tenant's obligations to pay Fees are independent of
each and every covenant contained in this Lease.
C. Net Lease. Except as otherwise provided in this Lease, the Fees herein
shall be absolutely net to Landlord , so that this Lease shall yield, net to Landlord, the Fees in
each year during the Term of this Lease and any renewals thereof, and that all costs, expenses
and obligations of every kind and nature whatsoever, relating to the Leased Premises which
may arise or become due during the Term of this Lease or any renewal or extension thereof, or
as a result of Tenant's use or occupancy of the Leased Premises, shall be paid by Tenant, and
Tenant agrees to indemnify, defend (with counsel acceptable to Landlord ) and hold harmless
Landlord from all such costs, expenses and obligations.
4. TAXES.
Tenant shall pay the following amounts as "Taxes" to Landlord in each case no
later than thirty (30) days after Landlord's written demand therefor:
(a) Tenant's proportionate share of the land component of all real estate
taxes for each tax parcel of which the Leased Premises is a part for all periods falling
within the Term, which proportionate share shall be calculated as follows: (i) the total
land component of each tax bill for each such real estate tax parcel which includes any
portion of the Leased Premises, multiplied by (ii) a fraction, the numerator of which shall
be the acreage of the portion of such tax parcel which falls within the Leased Premises,
and the denominator of which shall be the total acreage of such tax parcel; plus
(b) All real estate taxes and other assessments which are allocable to any
improvements, structures or fixtures constructed , installed , or placed by Tenant at the
Leased Premises for all periods falling within the Term , plus
(c) Any increase in the real estate taxes and other assessments payable with
respect to the Leased Premises (or any tax parcel of which the Leased Premises is a
part) which is allocable to this Lease, Tenant's use or occupancy of the Leased
Premises, or any improvements, structures or fixtures constructed, installed or placed by
Tenant at the Leased Premises (but without duplication of any amount payable pursuant
to clause (b) above), for all periods falling within the Term .
For purposes of this Lease, Taxes "for" or "with respect to" any particular period (or portion
thereof) shall mean the Taxes which are payable during the calendar year in which any portion
2
of such period falls, irrespective of the fact that such Taxes may have accrued with respect to a
different period .
Tenant hereby covenants and agrees that Tenant shall, no later than the "Tax
Exemption Date" (as hereinafter defined) , at Tenant's sole cost and expense, execute and
deliver all documents, instruments petitions and applications, and take all other actions which
may be necessary and/or appropriate, in order to cause the Leased Premises to be exempted
from the payment of real estate taxes, to the extent that it is possible, under applicable Legal
Requirements (hereinafter defined), to cause the Leased Premises to be so exempted. In the
event that Tenant is successful in obtaining any such real estate tax exemption for the Leased
Premises, then Tenant shall thereafter cause such real estate tax exemption to be continued for
each tax year (or portion thereof) during which this Lease is in effect (and Tenant shall execute
such documents, instruments, petitions and applications, and take such other actions which
may be necessary and/or appropriate, to cause such property tax exemption to be so
continued). In the event that Tenant is unsuccessful in obtaining or continuing any such real
estate tax exemption with respect to the Leased Premises, then Tenant shall thereafter use
commercially reasonable efforts to continue to seek such exemption (or continuance thereof, as
applicable) and shall, from time to time if Landlord so requests, take such actions as may be
necessary to apply for such exemption (or continuation). For purposes hereof, the term "Tax
Exemption Date' shall mean the date that is the earlier of: (i) sixty (60) days after the date of
this Lease, or (ii) the deadline for submitting a real estate tax exemption petition or application
for the real estate taxes for the year in which this Lease is executed and delivered .
5. CONDITION.
Tenant has examined the Leased Premises and knows its condition. Tenant
hereby accepts the condition of the Leased Premises in its AS-IS, WHERE-IS CONDITION,
WITH ALL FAULTS. No representations as to the condition, repair or compliance with Legal
Requirements thereof, and no agreements to make any alterations, repairs or improvements in
or about the Leased Premises have been made by or on behalf of Landlord . By accepting
possession of the Leased Premises, Tenant shall be conclusively presumed to have accepted
the condition thereof and to have unconditionally waived any and all claims whatsoever related
to the condition of the Leased Premises.
6. MAINTENANCE: SERVICES AND UTILITIES.
A. Tenant agrees at its sole cost and expense, to keep and maintain the
Leased Premises in a clean, neat, sanitary and sightly condition and repair, and commensurate
with the conditions existing at the time this Lease is executed to Landlord's satisfaction at all
times during the Term hereof. Without limiting the generality of the foregoing , Tenant shall
(subject to the terms and provisions of this Lease) perform any and all necessary paving,
grading , landscaping , cutting and mowing of grass and weeds (including all Canadian thistles
and other noxious weeds and growths at the Leased Premises) and snow and ice removal, all
at Tenant's sole cost and expense.
B. Landlord shall not be responsible for furnishing or providing any services
or utilities to the Leased Premises (or any costs or expenses associated therewith), but rather,
Tenant shall be responsible, at Tenant's sole cost and expense, for providing all such services
and utilities. Landlord has made no representation , warranty or covenant of any kind regarding
the availability (or future availability) of any such utilities and services, and no failure to provide
or interruption of any such services or utilities or services shall give rise to any right or remedy
in favor of Tenant under this Lease.
3
C. Tenant assumes all of the responsibilities normally identified with the
ownership of the Leased Premises, including, but not limited to, responsibility for the condition
of the Leased Premises, such as the operation , repair, replacement, maintenance and
management of the Leased Premises, including , without limitation, repairs to all buildings,
structures, fixtures, equipment and other property thereat; provided, that (except as expressly
set forth below) in no event shall Tenant maintain, repair, gain access to or in any way use or
operate any of Landlord's transmission , distribution or communications improvements, fixtures,
facilities, machinery, equipment and/or other property owned by Landlord which are located on,
or within, the Leased Premises (collectively, "Landlord's Facilities").
7. SURRENDER OF LEASED PREMISES; RESTORATION.
Tenant agrees that upon termination of the Term of this Lease, whether by
expiration or otherwise, Tenant will peaceably quit and surrender the Leased Premises to
Landlord, and will, at its sole cost and expense, remove all Tenant's personal property, fixtures,
structures and improvements, and will restore and regrade the Leased Premises to
substantially the same condition the Leased Premises were in on the date hereof (other than
any improvements, installations and modifications made by Landlord). This Section shall
survive the termination of the Lease.
8. COMPLIANCE WITH LAWS; WASTE; OTHER COVENANTS OF TENANT.
A. General. Tenant, at its sole expense, shall comply, and cause the
Leased Premises to comply, with all Legal Requirements. In addition, Tenant covenants and
agrees that it will not commit waste, loss or damage to the Leased Premises or any other
property of Landlord .
B. Change in Law. Tenant acknowledges that Landlord may incur costs as
a result of the enactment of new Legal Requirements relating to the Leased Premises, and/or
changes in Legal Requirements relating to the Leased Premises. Tenant agrees that any such
costs incurred by Landlord for complying with such new or changed Legal Requirements and
due in whole or in part to Tenant's use and/or occupancy of the Leased Premises shall be an
expense recoverable by Landlord from Tenant. To the extent any such expense paid by Tenant
is subsequently recovered by or reimbursed to Landlord through insurance or recovery from
responsible third parties or other action, Tenant shall be entitled to a proportionate share (as
reasonably determined by Landlord ) of such recovery or reimbursement.
C. Notice of Violations. Tenant shall immediately provide Landlord with
written notice: (i) upon Tenant's obtaining knowledge of any potential or known violations of any
Legal Requirements relating to the Leased Premises, and/or (ii) of Tenant's receipt of any
notice, correspondence, demand or communication of any nature from any governmental
authority related to any alleged or actual violation of any Legal Requirements relating to the
Leased Premises ,
D. Height and Other Limitations. No vehicles, equipment or anything else
(including , but not limited to, any equipment attached to vehicles or equipment such as
antennas, and /or any trees, shrubs or other plants or vegetation planted or installed at the
Leased Premises by Tenant) having a height which exceeds the maximum allowable height
under OSHA's height standards in effect from time to time during the Term , shall be driven,
moved or transported on the Leased Premises without Landlord's prior written consent.
4
Tenant shall not allow any activity which could result in a wire to ground electrical contact or
damage to towers or poles; such as, flying kites, model airplanes, driving minibikes, go carts
and snowmobiles. If Landlord so requests, Tenant will post signs prohibiting such activities.
9. ALTERATIONS.
A. Generallv. Tenant shall not make any alterations, installations,
improvements, additions or other physical changes (collectively, the "Alterations') in or about
the Leased Premises without Landlord's prior written consent ( including approving Tenant's
construction plans ) in each instance, which consent may be granted or denied by Landlord in
its sole and absolute discretion . Any Alterations shall be performed : (i) by Tenant, at Tenant's
sole cost and expense (and Landlord shall have no duty or obligation with respect thereto), (ii)
pursuant to plans and specifications approved in writing by Landlord (in Landlord's sole
discretion), (iii) by contractors and subcontractors approved in writing by Landlord (in Landlord's
sole discretion), (iv) in compliance with all Legal Requirements, and (v) in a good and
workmanlike manner, free of all liens. Tenant shall, at Tenant's sole cost and expense, obtain
any and all permits and approvals necessary for the performance of any Alterations. During the
performance of any Alterations, Tenant shall carry, and shall cause its contractors and
subcontractors to carry, such insurance as Landlord shall, in its sole discretion, direct. Neither
Tenant nor any of Tenant's authorized agents shall, at any time prior to or during the Term,
directly or indirectly, employ, or permit the employment of, any contractor, mechanic or laborer
in the Leased Premises, or permit any materials to be delivered to or used in the Leased
Premises, whether in connection with any Alteration or otherwise, if, in Landlord's sole
judgment, such employment, delivery or use will interfere or cause any conflict with other
contractors, mechanics or laborers engaged in the construction, maintenance or operation of
the Leased Premises (or any other property) by Landlord , Tenant or others, or the use and
enjoyment of the Leased Premises by Landlord or other tenants or occupants of the Leased
Premises. In the event of such interference or conflict, upon Landlord's request, Tenant shall
cause all contractors, mechanics or laborers causing such interference or conflict to leave the
Leased Premises immediately.
B. Paving , Filling and Planting . Without limiting the generality of the terms
and provisions of Section A above, Tenant acknowledges and confirms that any and all grading ,
leveling and/or paving of the Leased Premises (or any portion thereof), and any and all planting ,
seeding and similar activities shall constitute "Alterations" for purposes of this Lease, and shall
be subject to each and all of the terms and provisions relating thereto. In any event, any and all
debris from any Alterations of Tenant shall be promptly removed from the Leased Premises by
Tenant. In the event that, in connection with Tenant's Alterations, Tenant elects to fill any low
spots on the Leased Premises, only clean fill (defined as not containing debris such as gravel ,
concrete, tree roots or brick) shall be used prior to the spreading of base fill underlying any
paving . No paving or grading work (or similar work) of any kind will be undertaken within a ten
( 10) foot radius of any tower leg (or similar equipment, improvement or facility) of Landlord.
Paving shall be well drained, firm and solid blacktop (or other substance approved in writing by
Landlord), and shall be neat and clean in appearance. In addition , and not in lieu of the
foregoing , any such grading, leveling, paving, filling and/or planting or seeding of the Leased
Premises shall comply with the terms and provisions of Section 12 below. Tenant shall not
cause or permit the existing ground grade on the Leased Premises to be increased or
decreased in excess of eight inches (8") without Landlord's prior written consent.
5
C. Drainage. Tenant covenants and agrees that no Alterations made by
Tenant pursuant to this Lease shall cause any surface water drainage problems for Landlord or
any adjoining landowners. In the event that any such water drainage problems are caused by
Tenant's Alterations, Tenant shall correct such problems immediately at Tenant's sole cost and
expense.
D. Fencing . Tenant covenants and agrees that, in the event that Tenant
installs (or is required (by Landlord or otherwise) to install) any fencing and/or gates in
connection with Tenant's Alterations at the Leased Premises (or its use or occupancy of the
Leased Premises), Tenant install, maintain and operate such fences and/or gates in strict
compliance with any and all fencing and locking rules, regulations and guidelines which
Landlord may deliver to Tenant from time to time prior to or during the Term.
E. Barricades. Tenant acknowledges and confirms that, in connection with
Landlord's review and/or approval of the plans and specifications for Tenant's Alterations at the
Leased Premises (as provided in Section A above), Landlord may require that barricades
("Barricades") be installed on the Leased Premises in order to protect Landlord's Facilities (as
hereinafter defined)] and/or other equipment, improvements and facilities of Landlord and other
users and occupants of the Leased Premises. Any such Barricades shall be installed either (at
Landlord's sole option): (i) by Tenant, at Tenant's sole cost and expense , in a manner
satisfactory to Landlord , or (ii) by Landlord, in which event Tenant shall pay to Landlord , prior to
such installation, Landlord's reasonable estimate of the cost of such installation of the
Barricades.
F. Soil Removal. Tenant hereby agrees that it will not remove any soil from
the Leased Premises without the prior written consent of Landlord. Any soil removed from the
Leased Premises to which Landlord consents (as provided in the preceding sentence) shall
become the property of Tenant and shall be: (i) transported and disposed of by Tenant (at its
sole cost and expense) in a manner approved in writing by Landlord and in compliance with all
Legal Requirements, and (ii) promptly replaced by Tenant at its sole cost and expense, with
clean soil not contaminated with Hazardous Substances (as defined in Section 15 below).
G. Third Party Facilities. Tenant hereby acknowledges that the Leased
Premises may be used from time to time to accommodate equipment and facilities of other
persons and/or entities (including , without limitation, pipeline and utility companies) which are
(or will be) located on, above or below the surface of the Leased Premises. Tenant agrees that
it will contact any such persons and/or entities holding rights to use and/or occupy the Leased
Premises, and provide the proper protection required by such persons or entities, in connection
with Tenant's use and occupancy of the Leased Premises. Tenant further agrees to furnish
Landlord copies of the correspondence between the any such persons or entities and Tenant.
Tenant agrees that this requirement shall apply to any installations currently located at the
Leased Premises and any and all future installations within the Leased Premises.
H . Supervision . Landlord shall have the right (but not the obligation) to
monitor and observe Tenant's performance of any Alterations at the Leased Premises (or any
component thereof) and , in the event that Landlord so elects, Tenant shall reimburse Landlord
for any and all costs of such monitoring and observation, together with a charge for Landlord's
overhead , as determined by Landlord. In the event that Landlord elects to monitor or observe
6
any such work, in no event shall Landlord be deemed to have approved or made any
representation or warranty regarding the same.
I . Notification . In addition to and not in lieu of, Tenant's other obligations
under this Section, Tenant also agrees to notify Landlord's Region Representative, on
Telephone Number 630-437-2215, at least forty eight (48) hours prior to the commencement of
any Alterations at the Leased Premises.
10. INDEMNITY.
To the maximum extent permitted under Legal Requirements, Tenant agrees to
protect, indemnify, defend (with counsel acceptable to Landlord ) and hold harmless Landlord
and Exelon Corporation , a Pennsylvania corporation , and their respective parents, subsidiaries
and affiliates, and their respective officers, directors, shareholders, employees, representatives,
agents, contractors, Tenants, lessees, guests, invitees, successors and assigns (collectively,
the "Indemnified Parties") from and against any and all losses, costs, damages, liabilities,
expenses (including , without limitation, reasonable attorneys' fees) and/or injuries (including,
without limitation, damage to property and/or personal injuries) suffered or incurred by any of
the Indemnified Parties (regardless of whether contingent, direct, consequential, liquidated or
unliquidated) (collectively, "Losses") , and any and all claims, demands, suits and causes of
action brought or raised against any of the Indemnified Parties (collectively, "Claims') , arising
out of, resulting from , relating to or connected with : (i) any act or omission of Tenant or its
officers, directors, shareholders, employees, representatives, agents, contractors, Tenants,
lessees, guests, invitees, successors and assigns (collectively, "Tenant Group') at, on or about
the Leased Premises, and/or (ii ) any breach or violation of this Lease on the part of Tenant, and
notwithstanding anything to the contrary in this Lease, such obligation to indemnify, defend and
hold harmless the Indemnified Parties shall survive any termination of this Lease. This
indemnification shall include, without limitation, claims made under any workman's
compensation law or under any plan for employee's disability and death benefits (including ,
without limitation, claims and demands that may be asserted by employees, agents, contractors
and subcontractors).
11 . WAIVER.
Any entry onto the Leased Premises by Tenant and , to the extent permitted by
law, each and every member of the Tenant Group, shall be at such parties' sole risk, and
Landlord makes (and has heretofore made) no representations or warranties of any kind
whatsoever regarding the Leased Premises or the condition of the Leased Premises (including ,
without limitation, the environmental condition thereof). To the fullest extent permitted by law,
Tenant and each member of the Tenant Group hereby waives any and all claims, demands,
suits and causes of action against the Indemnified Parties, and fully and forever releases the
Indemnified Parties, for any loss, cost, damage, liability or expense (including, without limitation
attorneys' fees) suffered or incurred by Tenant or any member of the Tenant Group in
connection with any entry onto the Leased Premises pursuant to this Lease. Without limiting
the generality of the foregoing , in no event shall any of the Indemnified Parties be responsible
or liable for any loss, damage, destruction , theft or misappropriation of any of the property of
Tenant or any member of the Tenant Group. This Section will survive termination of the Lease.
12 DIGGING WORK.
If Tenant performs any grading , leveling , digging or excavation work on the
Leased Premises (which work shall be subject to Landlord's prior written approval), Tenant will
7
notify J . U . L. I . E. at telephone number (800) 892-0123, C. U .A. N . at (312) 744-7000 if the Leased
Premises are located in the City of Chicago, or in the event the Leased Premises are located
outside J . U . L. I . E. 's or C. U.A. N . 's jurisdiction, any other services required by the utilities in the
jurisdiction, at least seventy-two (72) hours prior to the commencement of such work in order to
locate all existing utility lines that may be present on the Leased Premises. If Tenant damages
any such underground facilities in the course of its work, Tenant will promptly reimburse
Landlord or the owner of such equipment or facilities for any and all expense incurred in
repairing or replacing such damage.
13. CASUALTY.
In the event of any damage to or destruction of the Leased Premises, by fire or
other casualty, which materially and adversely affects Tenant's use and enjoyment of the
Leased Premises for the purposes specified in this Lease, then either Landlord or Tenant shall
have the right, no later than ninety (90) days after such party becomes aware of such damage
or destruction , to terminate this Lease upon sixty (60) days' prior written notice to the other. In
the event of any damage or destruction which is not so extensive , or in the event that Landlord
and Tenant elect not to terminate this Lease pursuant to the preceding sentence, then this
Lease shall continue in full force and effect, and Tenant will promptly and diligently, at its sole
cost and expense, repair, restore, rebuild and replace the Leased Premises (and all
improvements, fixtures, equipment and property thereat) as nearly as possible to the condition
they were in immediately prior to such damage or destruction. Any such work shall be done in
a manner satisfactory to Landlord , and in accordance with all Legal Requirements and the
terms and provisions of this Lease. Landlord shall not be liable or responsible for any loss or
damage caused to any property of Tenant or any member of the Tenant Group (including ,
without limitation, any such loss or damage caused by fire, vandalism or other casualty) at any
time during the Term hereof.
14. CONDEMNATION .
If the Leased Premises, or a substantial part thereof, or a portion which prevents
use of the Leased Premises for the purposes specified herein, shall be taken or condemned by
any competent authority for any public use or purpose, the Term shall end on the date when the
possession of the part so taken shall be required for such use or purpose, and without
apportionment of any condemnation award or proceeds (it being understood that Landlord shall
be entitled to the entire amount of any such award or proceeds, and Tenant shall have no right
to share therein).
15. ENVIRONMENTAL PROTECTION.
A. General . Tenant covenants and agrees that Tenant shall conduct its
operations on the Leased Premises in compliance with all applicable Environmental Laws (as
hereinafter defined) and further covenants that neither Tenant nor any member of the Tenant
Group shall use, bring upon , transport, store, keep or cause or allow the discharge, spill or
release (or allow a threatened release) in each case of any Hazardous Substances (as
hereinafter defined) in, on, under or from the Leased Premises. Without limiting any other
indemnification obligations of Tenant contained herein , Tenant hereby agrees to protect,
indemnify, defend (with counsel acceptable to Landlord) and hold harmless the Indemnified
Parties from and against any and all Losses and Claims (including, without limitation, (i)
reasonable attorneys' fees, (ii) liability to third parties for toxic torts and/or personal injury
claims , (iii ) fines, penalties and/or assessments levied or raised by any governmental authority
or court, and (iv) assessment, remediation and mitigation costs and expenses and natural
8
resource damage claims) arising out of, resulting from or connected with any Hazardous
Substances used, brought upon, transported, stored , kept, discharged , spilled or released by
Tenant, any member of the Tenant Group or any other person or entity (except for any person
or entity which is an Indemnified Party) in , on, under or from the Leased Premises. For
purposes of this Lease, the term "Hazardous Substances" shall mean all toxic or hazardous
substances, materials or waste, petroleum or petroleum products, petroleum additives or
constituents or any other waste, contaminant or pollutant regulated under or for which liability
may be imposed by any Environmental Law. "Environmental Laws' shall mean all federal,
provincial, state and local environmental laws (including common law) regulating or imposing
standards of care with respect to the handling, storage, use, emitting, discharge, disposal or
other release of Hazardous Substances, including , but not limited to, the Resource
Conservation and Recovery Act of 1976, 42 U . S. C. §§ 6901 et seq . , the Clean Air Act, 42
U.S.C. §§7401 , et seq . , the Federal Water Pollution Control Act, 33 U. S.C. §§1251 , et seq . , the
Emergency Planning and Community Right to Know Act, 42 U. S .C. §§ 1101 , et seq . , the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U . S. C.
§§ 9601 et seq . , the Toxic Substances Control Act, 15 U.S.C. §§2601 , et seq . , the Oil Pollution
Control Act, 33 U . S. C. §§2701 , et seq . , any successor statutes to the foregoing , or any other
comparable local, state or federal statute or ordinance pertaining to protection of human health ,
the environment or natural resources, including without limitation the preservation of wetlands,
and all regulations pertaining thereto, as well as applicable judicial or administrative decrees,
orders or decisions, authorizations or permits.
B. Wetlands. If there are wetlands on the Leased Premises, or if wetlands
should develop on the Leased Premises during the Term , Tenant shall strictly comply with and
observe all applicable Environmental Laws. At Landlord's request, Tenant, at its cost, shall
furnish Landlord with a survey of the Leased Premises delineating any wetland areas located
on the Leased Premises. Under no circumstances shall Tenant change the physical
characteristics of any wetland areas located on the Leased Premises or any adjoining land or
place any fill material on any portion of the Leased Premises or adjoining land, without in each
instance obtaining Landlord's prior written consent (which may be granted or withheld in
Landlord's sole discretion), and only then in compliance with applicable Environmental Laws.
C. Notice of Violation/Release. Tenant shall provide Landlord with prompt
written notice upon Tenant's obtaining knowledge of the existence of any Hazardous
Substances on, in or under the Leased Premises in violation of Environmental Laws, or of any
potential or known release or threat of release of any Hazardous Substances affecting the
Leased Premises.
D. Survival. This Section shall survive the expiration or other termination of
the Lease.
16. INSURANCE.
A. Tenant agrees to require its contractors, before commencing any work on
the Leased Premises to purchase and maintain, or at the option of Tenant to itself purchase
and maintain, at the cost of Tenant or its contractors, a policy or policies of insurance issued by
insurance companies authorized to do business in the State of Illinois, having ratings of A-/VII
or better in the Best's Key Rating Insurance Guide (latest edition in effect at the latest date
stated in the Certificates of Insurance) and in a form satisfactory to Landlord as follows:
9
COVERAGE #1
Workers' Compensation Insurance with statutory limits, as required by
the state in which the work is to be performed , —and Employers' Liability
Insurance with limits not less than One Million dollars ($1 ,000,000.00)
each accident/occurrence
COVERAGE #2
Commercial General Liability (CGL) Policy or Policies (with coverage
consistent with ISO CG 0001 ( 12 04)) covering all contractors,
subcontractors and all their subcontractors with limits not less than Four
Million dollars ($4,000,000.00) per occurrence covering liability for bodily
injury and property damage arising from premises, operations,
independent contractors, personal injury/advertising injury, blanket
contractual liability and products/completed operations for not less than
three (3) years from the date the work is accepted . (CGL insurance
includes, but is not limited to coverage for claims against Landlord for
injuries to employees of Tenant and its contractors or any
subcontractors) Landlord shall be added as an Additional Insured
providing coverage consistent with ISO Form CG 20 26 11 85 or the
combination of ISO Form CG 20 10 10 01 and CG 20 37 10 01 .
COVERAGE #3
Automobile Liability in an amount of not less than one million dollars
($1 ,000, 000) per accident for bodily injury and property damage, covering
all owned , leased , rented or non-owned vehicles, which shall include
automobile contractual liability coverage.
Policies covering contractors may substitute lower limits for any of the
policies listed above, provided that Contactors maintains an umbrella or
excess liability policy or policies which provide a total minimum limit of
four million dollars ($4,000,000) per occurrence for general liability and
one million dollars ($1 ,000,000) for automobile liability, and that all other
requirements of this insurance clause are satisfied by such umbrella or
excess policy or policies.
Tenant will , in any event, purchase and maintain during the term hereof;
COVERAGE #4
Commercial General Liability (CGL) Insurance (with coverage consistent
with ISO CG 00 01 12 04) with a limit of not less than four million dollars
($4,000,000) per occurrence covering liability for bodily injury and
property damage, arising from premises, operations, independent
contractors, personal injury/advertising injury, blanket contractual liability
and products/completed operations (CGL insurance includes, but is not
limited to coverage for claims against Landlord for injuries to employees
of Tenant and its contractors or any subcontractors). Landlord shall be
added as an Additional Insured providing coverage consistent with ISO
Form CG 20 11 1001
10
COVERAGE #5
Workers' Compensation Insurance with statutory limits, as required by
the state in which the work is to be performed , —and Employers' Liability
Insurance with limits not less than One Million dollars ($ 1 ,000,000.00)
each accident/occurrence
Tenant may substitute lower limits for any of the policies listed above,
provided that Tenant maintains an umbrella or excess liability policy or
policies which provide a total minimum limit of $4,000,000.00 per
occurrence for general liability, and that all other requirements of this
insurance clause are satisfied by such umbrella or excess policy or
policies.
If any work on the Leased Premises involves or includes Contractor handling ,
transporting , disposing, or performing work or operations with hazardous substances,
contaminants, waste, toxic materials, or any potential pollutants, Tenant and/or contractors shall
purchase and maintain pollution legal liability applicable to bodily injury; property damage,
including loss of us of damaged property or of property that has not been physically injured or
destroyed ; cleanup costs; and defense, including costs and expenses incurred in the
investigation , defense, or settlement of claims; all in connection with any loss arising from the
Leased Premises. Coverage shall be maintained in an amount of at least two million dollars
($2,000,000) per loss and aggregate. Coverage shall apply to sudden and non-sudden
pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis , toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or
pollutants. Landlord shall be included as an additional insured and the policy shall be primary
with respect to Landlord as the additional insured.
There shall be furnished to Landlord , prior to commencing the work above
described a certificate of insurance showing the issuance of insurance policies pursuant to the
requirements contained in Coverages #1 , #2, and #3 of this paragraph and shall be delivered to
Landlord upon written request. Insurance coverage as required herein shall be kept in force
until all work has been completed. All policies shall contain a provision that coverages afforded
under the policies will not be canceled or material change until at least thirty (30) days prior
written notice (ten ( 10) days in the case of nonpayment of premium ) has been given to Exelon.
Tenant shall provide evidence of the required insurance coverage under
Coverage #4 and #5, which shall be delivered to Landlord upon execution of this document.
The insurance under Coverage #4 and #5 shall be kept in force through the term hereof
through the above-referred policy, or such subsequent or substitute policy or policies as Tenant
may, at its discretion, obtain.
Insurance coverage provided by Tenant and its contractors shall not include any
of the following; any claims made insurance policies; any self-insured retention or deductible
amount greater than two hundred fifty thousand dollars ($250,000) unless approved in writing
by Landlord ; any endorsement limiting coverage available to Landlord which is otherwise
required by this Article; and any policy or endorsement language that (i) negates coverage to
Landlord for Landlord's own negligence, (ii) limits the duty to defend Landlord under the policy,
(iii) provides coverage to Landlord only if Tenant or its contractors are negligent, (iv) permits
11
recovery of defense costs from any additional insured , or (v) limits the scope of coverage for
liability assumed under a contract.
To the extent permitted by applicable Laws, all above-mentioned insurance
policies shall provide the following :
( 1 ) Be primary and non-contributory to any other insurance carried by Landlord
(2) Contain cross-liability coverage as provided under standard ISO Forms'
separation of insureds clause; and
(3) Provide for a waiver of all rights of subrogation which Tenant's, or its
Contractors' insurance carrier might exercise against Landlord ; and
(4) Any Excess or Umbrella liability coverage will not require contribution before
it will apply
Landlord hereby reserves the right to amend , correct and change from time-to-time the
limits, coverages and forms of polices as may be required from Tenant and/or its contractors.
WAIVER OF SUBROGATION
Tenant and its contractors shall waive all rights of subrogation against ComEd under those
policies procured in accordance with this Lease.
17. ZONING .
Tenant hereby acknowledges that Landlord has made no representations that
the Leased Premises may be used or is properly zoned for the Permitted Use, and Tenant
further agrees that it will (at its sole cost and expense) obtain all necessary permits and other
approvals prior to undertaking the Permitted Use. Tenant assumes all obligations and
responsibilities for compliance with all Legal Requirements including, without limitation , all
applicable zoning laws and ordinances, building codes and governmental regulations. This
Lease is not preconditioned on Tenant obtaining any zoning or use permits or approval. This
Lease does not constitute the authority to seek a zoning change to permit the Permitted Use,
and in no event shall Tenant seek or apply for any such zoning change to the Leased Premises
without Landlord's prior written consent.
18. NO SIGNS.
Tenant shall not place or permit to be placed by any person or entity (other than
Landlord) on the Leased Premises any signs or billboards (including , without limitation, any
advertising signs or billboards). However, Tenant may place basket number signs on the Lease
premises subject to review and written approval .
19. DAMAGE TO LANDLORD'S FACILITIES.
Tenant agrees that in the event any work done by or on behalf of the Tenant on
the Leased Premises causes damage to Landlord's Facilities (hereinafter defined ), Tenant will
promptly reimburse Landlord for any and all expense incurred for the repairing or replacement
of such damage, within thirty (30) days, after presentation to Tenant of Landlord's statement
therefore.
20. DEFAULT.
A. In the event that any of the following shall occur (each, a "Default"):
(i) Tenant shall at any time fail to make any payment of Fees (or any portion
thereof) or any other payments required of Tenant hereunder when required , and such
12
failure continues for a period of more than ten ( 10) days (without necessity of any notice
or demand therefor); or
(ii) Tenant shall breach or violate any of its duties or obligations set forth in
Section 7 (Surrender of Leased Premises; Restoration), Section 16 (Insurance), Section
22 (Covenants Against Liens), Section 23 (Assignment and Subletting) or Section 31
(Subordination; Estoppel) of this Lease; or
(iii) Tenant shall at any time be in default in any other covenants and conditions
of this Lease to be kept, observed and performed by Tenant, which and such default
continues for more than thirty (30) days (or such shorter time period as may specifically
be set forth in this Lease) after notice from Landlord ; or
(iv) this Lease or Tenant's interest therein, or any interest in Tenant, shall be
assigned , transferred, mortgaged or pledged , levied on or attempted to be taken by
execution , attachment or other process of law, or if any execution or attachment shall be
issued against Tenant, or any of Tenant's property in the Leased Premises shall be
taken or occupied or attempted to be taken or occupied by someone other than Tenant;
or
(v) a receiver, assignee or trustee shall be appointed for Tenant or Tenant's
property or if the Tenant shall file bankruptcy, or if involuntary bankruptcy proceedings
shall be filed against Tenant; or
(vi) Landlord shall receive notice of any alleged violation of any Legal
Requirements resulting from or in any way connected with Tenant's use of the Leased
Premises and such violation is not cured (and all liabilities connected therewith fully
satisfied) by Tenant prior to the earlier of (a) the last day of the period permitted by law
for curing such violation or (b) the first date Landlord becomes subject to any fine,
penalty, lien , judgment, order or other liability due to the continued existence of such
violation; or
(vii) Tenant shall abandon the Leased Premises or vacate same during the initial
Term or any Renewal Term (as defined in Section 29) hereof,
then in any of said cases, Landlord may do any or all of the following (all of which remedies
shall be cumulative and not exclusive, and all of which remedies shall be in addition to, and not
in lieu of, any other rights and remedies to which Landlord may be entitled under this Lease, at
law or in equity):
(a) At its option, at once, without notice to Tenant or to any other person ,
terminate this Lease and at its option, require payment in full of the Fees due for the
unexpired term of the Lease;
(b) Enter into the Leased Premises, and, remove Tenant's property and effects
therefrom , and/or take and hold possession thereof, without such entry and/or
possession terminating this Lease or releasing Tenant in whole or in part from Tenant's
obligations to pay Fees and perform all its other obligations hereunder for the full Term ,
and to relet the Leased Premises or any part or parts thereof, either in the name of for
the account of Landlord or Tenant, for such Fees and for such term and terms as
Landlord may see fit, which term may at Landlord's option extend beyond the balance of
the Term of this Lease. Except to the extent required under applicable Legal
Requirements, Landlord shall not be required to accept any tenant offered by Tenant or
to observe any instructions given by the Tenant about such reletting . In any case,
Landlord may make such repairs, alterations and additions in or to the Leased Premises
as it sees fit. Tenant shall pay Landlord any deficiency between the Fees hereby
13
reserved and covenanted to be paid and the net amount of the Fees collected on such
reletting , for the balance of the Term of this Lease, as well as any expenses incurred by
Landlord in such reletting , including , but not limited to attorney's fees, broker fees, the
expenses of repairing , altering the Leased Premises, and otherwise preparing the same
for re-rental. All such costs, other than the rental, shall be paid by Tenant upon demand
by Landlord . Any deficiency in rental amounts shall be paid in monthly installments,
upon statements rendered by Landlord to Tenant, unless Landlord has declared the
entire Fees for the balance of the Term due, as elsewhere in this Lease provided . Any
suit brought to collect the amount of the deficiency for any one or more months' Fees
shall not preclude any subsequent suit or suits to collect the deficiency for any
subsequent month's Fees;
(c) Require that upon any termination of this Lease, whether by lapse of time,
the exercise of any option by Landlord to terminate the same, or in any other manner
whatsoever, or upon any termination of Tenant's right to possession without termination
of this Lease, the Tenant shall at once surrender possession of the Leased Premises to
the Landlord and immediately vacate the same and remove all effects therefrom , except
such as may not be removed under other provisions of this Lease. If Tenant fails to do
so, Landlord may forthwith re-enter the Leased Premises, with or without process of law,
and repossess itself thereof as in its former estate and expel and remove Tenant and
any other persons and property therefrom , using such force as may be necessary
without being deemed guilty of trespass, eviction or forcible entry, without thereby
waiving Landlord's rights to Fees or any other rights given Landlord under this Lease or
at law or in equity;
(d) Remove, at its option if the Tenant shall not remove all effects from the
Leased Premises in this Lease as provided , any or all of such effects in any manner that
Landlord shall choose and store the same without liability for loss thereof, and Tenant
will pay Landlord, upon demand, any and all expenses incurred in such removal and
also storage of said effects for any length of time during which the same shall be in
Landlord's possession or in storage, or Landlord may at its option, without, notice sell
any or all of said effects in such manner and for such price as the Landlord may deem
best and apply the proceeds of such sale upon any amounts due under this Lease from
the Tenant to Landlord , including the expenses of removal and sale;
(e) Collect from Tenant any other loss or damage Landlord may sustain by
reason of any breach (including , without limitation, the unamortized portion of any
brokerage fee or commission paid by or on behalf of Landlord to any broker or finder
with respect to this Lease) and any diminished value of the Leased Premises resulting
from said breach;
(f) Enjoin any such breach of this Lease by Tenant; and/or
(g) Take any and all corrective actions Landlord deems necessary or
appropriate to cure the default of Tenant in question and charge the cost thereof to
Tenant, together with (i) interest at the Default Rate, and (ii) an administrative charge in
an amount equal to ten percent ( 10%) of the cost of the corrective action to defray part
of the administrative expense incurred Landlord in administering such cure, such
payment to be made by Tenant upon Landlord's presentment and demand therefor.
B. Except as specifically provided in this Section Tenant expressly waives
the service of any notice of intention to terminate this Lease or to terminate Tenant's right of
possession of the Leased Premises or to re-enter the Leased Premises and waives the service
of any demand for payment of Fees or for possession and waives the service of any and every
14
other notice or demand prescribed by any statute, law or ordinance and agrees that the simple
breach of any of the covenants of this Lease (beyond any applicable notice and cure periods)
shall, of itself, without the service of any additional notice or demand whatsoever, at Landlord's
option , constitute a default on the part of Tenant. No receipt of monies by the Landlord from or
for the account of Tenant or from anyone in possession or occupancy of the Leased Premises
after termination in any way of this Lease or after the giving of any notice, shall reinstate,
constitute or extend the term of this Lease or affect any notice given to the Tenant prior to the
receipt of such money, it being agreed that after the service of notice of the commencement of
a suit, or after final judgment for possession of the Leased Premises, Landlord may receive and
collect any Fees or other amounts due Landlord and such payment not waive or affect said
notice, said suit, or said judgment.
C. Any and all rights and remedies which Landlord may have under this
Lease at law or in equity, shall be cumulative and shall not be deemed inconsistent with each
other, and any two or more or all of said rights and remedies may be exercised at the same
time or at different times and from time to time.
D. If Landlord is required to incur expense, either legal , incidental, or
consequential, because of the breach of this Lease by Tenant, the Tenant shall promptly
reimburse Landlord for such expense upon being given a written itemization and explanation
thereof. In the event of commencing a court action as a result of any breach, it is agreed that
such expenses are to be considered a part of the damages claimed in said action and any
expense incurred in prosecuting that action shall be included . It is agreed that the term
"expenses' as used herein shall include, but not be limited to, attorney's fees, court costs,
district justice costs, and any and all other costs and expenses reasonably related to such
breach.
E. The failure of Landlord to enforce rights under this Lease on one or
numerous occasions shall not affect the Landlord's ability to enforce that right on any
subsequent occasion or occasions.
F. Upon the occurrence of a Default or any breach or default under this
Lease by Tenant, Tenant shall be liable for and shall reimburse Landlord upon demand for all
reasonable attorney's fees and costs incurred by Landlord in enforcing Tenant's obligations
under this Lease, whether or not Landlord files legal proceedings in connection therewith .
G. In the event that a Default shall occur and Landlord elects to terminate
this Lease, or upon expiration of this Lease, Tenant shall not be relieved of its duties or
obligations under this Lease so long as Tenant or any of Tenant's property remains on the
Leased Premises. Additionally, any rights and obligations created under or by this Section shall
survive termination or expiration of this Lease.
H . In the event of a threatened breach by Tenant of any of the covenants or
provisions of this Lease, Landlord shall (without limiting any of Landlord's other rights or
remedies hereunder, at law or in equity) have the right to enjoin any such threatened breach .
21 . LIMITATION ON LIABILITY.
15
It is expressly understood and agreed by Tenant that none of Landlord's
covenants, undertakings or agreements continued in this Lease are made or intended as
personal covenants, undertakings or agreements by Landlord or any entity which is affiliated
with Landlord its parent or subsidiaries. Tenant specifically agrees to look solely to Landlord's
interest in the Leased Premises for the recovery of any sums, damages, awards or judgments
from Landlord . It is agreed that neither Landlord , nor any entity which is affiliated with Landlord
(nor any of their respective parents or subsidiaries, nor any of their respective shareholders,
venturers, officers, directors or employees) shall be personally liable for any such sums,
damages, awards or judgments. This Section will survive termination of the Lease.
22. COVENANTS AGAINST LIENS.
Tenant hereby covenants and agrees that it will not cause or permit any lien
(including , without limitation, any mechanic's lien) or claim for lien to be asserted against the
Leased Premises or any interest therein, whether such lien or claim for lien results from or
arises out of any act or omission of Tenant or any member of the Tenant Group or otherwise.
In the event any such lien or claim for lien is filed , Tenant will immediately pay and release the
same. In the event such lien or claim of lien is not released and removed within five (5) days
after notice from Landlord , Landlord , at its sole option and in addition to any of its other rights
and remedies, may take any and all action necessary to release and remove such lien or claim
of lien (it being agreed by Tenant that Landlord shall have no duty to investigate the validity
thereof), and Tenant shall promptly upon notice thereof reimburse Landlord for all sums, costs
and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by
Landlord in connection with such lien or claim of lien. Tenant hereby agrees to indemnify,
defend and hold harmless Landlord from and against any and all liens or claims for lien arising
out of or in any way connected with Tenant's use and occupancy of the Leased Premises. Any
rights and obligations created under or by this Section shall survive termination or expiration of
this Lease.
23. ASSIGNMENT AND SUBLETTING.
Tenant shall not, directly or indirectly, assign, mortgage, pledge, encumber, or
otherwise transfer this Lease (or any interest of Tenant herein), whether by operation of law or
otherwise, and shall not sublet (or underlet), or permit, or suffer the Leased Premises or any
part thereof to be used or occupied by others, without Landlord's prior written consent in each
instance, which consent may be granted or denied by Landlord in its sole and absolute
discretion. Any assignment, sublease, mortgage, pledge, encumbrance or transfer by Tenant
in contravention of the provisions of this Section shall be void. For purposes of this Lease any
transfer, directly, indirectly or by operation of law, of a "controlling" interest in Tenant shall
constitute an assignment of this Lease, and shall be subject to the terms and provisions of this
Section . For purposes hereof, a "controlling" interest in Tenant shall mean : (a) the ownership,
directly or indirectly, of a majority of the outstanding voting stock or interests of Tenant, or (b)
the possession, directly or indirectly, of the power to direct or cause the direction of the
management and policies of Tenant, whether through the ownership of voting securities or
other ownership interests, by statute, or by contract.
24. TERMINATION.
Prior to the end of the Term , this Lease may be terminated at any time by either
of the parties hereto by giving ninety (90) days prior written notice to the other party of such
termination. This Lease may also be terminated by Landlord , if Landlord is required to do so by
a regulatory body, by a court of competent jurisdiction or Legal Requirements.
16
25. LANDLORD'S RIGHTS.
The rights of the Landlord to utilize the Leased Premises in its utility business
will, at all times, be and remain paramount to the rights herein granted to Tenant by Landlord
and nothing stated herein is to be construed as restricting Landlord from granting rights to other
parties or persons in , upon or under the Leased Premises. Without limiting the generality of the
foregoing , the parties specifically refer to rights relating to sewers, water pipes and mains,
drainage tiles and pipes, gas main and pipelines and other associated uses. In addition ,
Landlord shall have the right to enter upon the Leased Premises at any time and from time to
time to show the same to prospective tenants, mortgagees and/or purchasers, and to place
"For Rent" and/or "For Sale" signs thereon .
26. RIGHT OF ENTRY.
Tenant agrees that Landlord and Landlord's agents, representatives, employees,
contractors, Tenants, invitees, tenants, successors and assigns (collectively, "Landlord
Parties"), shall have the right to enter the Leased Premises at any time Landlord deems
necessary, to alter, modify, augment, supplement, improve, upgrade, use, operate, repair,
replace, install, construct, maintain or protect Landlord's Facilities. Landlord has the right to
require Tenant to remove and relocate any paving, improvements or property owned or used by
Tenant at the Leased Premises, in connection with the use, operation , maintenance, repair,
installation and/or removal of Landlord's Facilities by any Landlord Party, and/or or in
connection with any other use (present or future) of the Leased Premises by the Landlord
Parties, all of which removal and relocation shall be at Tenant's sole cost and expense. In the
event that Tenant fails to remove and/or relocate any such paving , improvements or property
upon notice from Landlord, then Landlord shall have the right (but not the obligation) to remove
such paving, improvements or property on Tenant's behalf, and at Tenant's cost, and Tenant
shall promptly reimburse Landlord for any costs and expenses paid or incurred by Landlord in
connection therewith. Tenant agrees that it will cooperate with Landlord in connection with any
entry on, and work at, the Leased Premises by the Landlord Parties, and shall coordinate
Tenant's use of the Leased Premises with any use of the Leased Premises by any of the
Landlord Parties. Landlord shall not in any event be liable for inconvenience, disruption,
disturbance, loss of business or other damage to Tenant by reason of any entry on, or work at,
the Leased Premises by any Landlord Party, or on account of bringing materials, supplies, and
equipment into or through the Leased Premises. Tenant understands that the business of the
Landlord involves, among other things, the construction, installation , maintenance, operation,
and use of Landlord's Facilities now or which may hereafter be erected or installed upon, along ,
on , over, across or under the Leased Premises, or property adjacent thereto, which are used or
useful in connection with the generation, conversion , transmission or distribution of electricity
and gas and communications services. Tenant covenants and agrees (as a specific condition
of this Lease) that Tenant and each member of the Tenant Group will not, under any
circumstances whatsoever, touch , handle, tamper with or contact, directly or indirectly, any of
the Landlord's Facilities, nor damage, destroy, interfere with, obstruct or otherwise adversely
affect, Landlord's Facilities. Tenant hereby acknowledges that the Leased Premises may be
used from time to time to accommodate equipment and facilities of other persons and/or
entities (including , without limitation, pipeline and utility companies) which are (or will be)
located on, above or below the surface of the Leased Premises. Tenant agrees that it will
contact any such persons and/or entities holding rights to use and/or occupy the Leased
Premises, and provide the proper protection required by such persons or entities, in connection
with Tenant's use and occupancy of the Leased Premises. Tenant further agrees to furnish
17
Landlord copies of the correspondence between the any such persons or entities and Tenant.
Tenant agrees that this requirement shall apply to any installations currently located at the
Leased Premises and any and all future installations within the Leased Premises.
27. LANDLORD'S RIGHT TO TRANSFER.
This Lease shall not in any manner or to any extent limit or restrict the right of
Landlord to use or dispose of the Leased Premises as Landlord may in its discretion desire,
subject to rights of Tenant hereunder. Landlord shall have the right, without notice to or
consent from Tenant, to assign this Lease to any person or entity who succeeds (directly,
indirectly or by operation of law) to any of Landlord's right, title or interest in or to the Leased
Premises.
28. TENANT'S PROPERTY.
It is expressly understood and agreed that all equipment and other personal
property that Tenant may install upon the Leased Premises during the Term shall remain the
property of Tenant and shall be removed by Tenant (as set forth in Section 7 hereof), at its sole
cost and expense, at the expiration of the term of this Lease or at any time prior thereto.
29. RENEWAL.
Tenant shall have the right, in its sole discretion , to extend the Term for two
(2) consecutive ten ( 10) year periods (each being referred to herein as a "Renewal Term" ).
In the event that Tenant, in its sole discretion , decides to extend the Term for a Renewal
Term , Tenant shall notify Landlord at least one hundred eighty ( 180 ) days prior to the end
of the Term or the then current Renewal Term (as applicable) of its desire to extend the
Term for a Renewal Term (" Renewal Notice") . If Tenant does not provide Landlord with a
Renewal Notice within one hundred eighty ( 180) days prior to the end of the Term , or the
then current Renewal Term (as applicable), the Term of the Lease shall cease and
terminate at the end of the stated Term , or the then current Renewal Term .
Subject to the provisions set forth above, in the event that the Lease is renewed,
the Renewal Term will be upon the same terms, covenants and conditions contained in the
Lease, except that ( i) Landlord may make any changes to the indemnity, environmental and
insurance provisions contained in the Lease as Landlord deems appropriate in its sole and
absolute judgment, and (ii) any reference in the Lease to the Term will be deemed to
include the applicable Renewal Term . In addition, Tenant will be deemed to have accepted
the Leased Premises in "as-is" condition as of the commencement of each Renewal Term , it
being understood that Landlord will have no additional obligation to renovate or remodel the
Leased Premises as a result of Tenant's renewal of the Lease.
30. HOLDING OVER.
Tenant shall have no right to remain in possession of all or any part of the
Leased Premises after the expiration of the Term or any Renewal Term (as applicable) unless
such Term or Renewal Term is renewed in accordance with the terms and conditions of Section
29. In the event that Tenant remains in possession of all or any part of the Leased Premises
after the expiration or earlier termination of the Term or any Renewal Term (as applicable), at
Landlord's option (exercised by giving Tenant written notice): (a) such tenancy shall be deemed
to be either (at Landlord's sole option) a periodic tenancy from month-to-month only, or a
tenancy at sufferance terminable at will by Landlord , or a renewal of this Lease for an additional
( 1 ) year term ; (b) such tenancy shall not, unless Landlord otherwise elects (as set forth above),
constitute a renewal or extension of this Lease for any further Term or Renewal Term ; and (c)
18
such tenancy may be terminated by Landlord upon the earlier of thirty (30) days' prior written
notice or the earliest date permitted by law. In the event Tenant remains in possession after
the expiration or earlier termination of the Term or any Renewal Term (as applicable), then: (i)
Landlord shall have the right to charge Tenant a monthly Base Fees equal to Landlord's
estimate (as determined by Landlord in its sole discretion) of two hundred percent (200% ) of
the fair market monthly rental value of the Leased Premises, and any other sums due under
this Lease shall be payable in the amount and at the times specified in this Lease, and (ii)
Tenant agrees to indemnify, defend (with counsel acceptable to Landlord) and hold the
Indemnified Parties harmless from and against any and all Losses and Claims sustained ,
incurred and/or brought against any of the Indemnified Parties by reason of such retention of
possession of the Leased Premises (which may include, without limitation, any Claims made by
any actual or prospective subsequent lessee or other user or occupant of the Leased Premises
or any portion thereof). Any such month-to-month tenancy or tenancy at sufferance shall be
subject to every other term , condition , and covenant contained in this Lease.
31 SUBORDINATION: ESTOPPEL.
A. This Lease and the rights of Tenant hereunder shall be and are hereby
made expressly subject and subordinate at all times to the lien of any mortgage now or
hereafter existing against all or any portion of the Leased Premises. Tenant acknowledges that
its title is and always shall be subordinate to the title of the owner of the Leased Premises and
nothing herein contained shall empower Tenant to do any act which can, shall or may
encumber the title of the owner of the Leased Premises. In confirmation of such subordination ,
Tenant shall promptly execute and deliver any instrument that Landlord or any mortgagee of
Landlord may request to evidence such subordination no later than ten ( 10) business days after
Landlord's request therefor. If any mortgagee of Landlord (or its successors or assigns), or any
other person or entity, shall succeed to the rights of Landlord under this Lease, whether through
possession or foreclosure action or delivery of a new lease or deed, then at the request of such
party so succeeding to Landlord's rights ("Successor Landlord") and upon Successor Landlord's
written agreement to accept Tenant's attornment, Tenant shall attorn to and recognize
Successor Landlord as Tenant's Landlord under this Lease, and shall promptly execute and
deliver any instrument that Successor Landlord may reasonably request to evidence such
attornment. Upon such attornment this Lease shall continue in full force and effect as, or as if it
were, a direct lease between Successor Landlord and Tenant upon all of the terms, conditions
and covenants as are set forth in this Lease and shall be applicable after such attornment.
B. Tenant agrees, at any time and from time to time, as requested by
Landlord, upon not less than ten ( 10) days' prior notice, to execute and deliver to Landlord a
written statement executed and acknowledged by Tenant, (a) stating that this Lease is then in
full force and effect and has not been modified (or if modified, setting forth all modifications), (b)
setting forth the Fees, (c) setting forth the date to which the Fees has been paid , (d) stating
whether or not, to the best knowledge of the Tenant, Landlord is in default under this Lease,
and if so, setting forth the specific nature of all such default, (e) stating whether there are any
subleases affecting the Leased Premises, (f) stating the address of Tenant to which all notices
and communication under the Lease shall be sent, and the Commencement Date, and (g)
containing any other matters reasonably requested by Landlord . Tenant acknowledges that
any statement delivered pursuant to this paragraph may be relied upon by others with whom
Landlord may be dealing, including any purchaser or owner of the Leased Premises, or of
Landlord's interest in the Leased Premises or any lender or mortgagee of Landlord .
19
32 MISCELLANEOUS.
A. Illinois Commerce Commission Approval . Landlord and Tenant
acknowledge that Landlord is a public utility regulated by the Illinois Commerce Commission
("Commission") and other governmental authorities, and this Lease and the obligations of the
parties hereto are subject to all Legal Requirements applicable to Landlord as a public utility.
Although it is not expected that the Commission's or other governmental authorities' approval
will be required for this Lease, the rights and obligations of the parties hereunder are
conditioned upon the Commission's and any other applicable governmental authorities'
approval of this Lease, under any circumstances in which such approval is required. It is further
agreed and understood that this Lease may be terminated by Landlord immediately at any time
in the event that Landlord is required to do so by the Commission or some other governmental
authority.
B. Notices. Whenever notice is required to be given pursuant to this Lease,
the same shall be either personally delivered , sent by a nationally recognized overnight delivery
service, postage prepaid , or sent via United States certified mail, return receipt requested,
postage prepaid , and addressed to the parties at their respective addresses as follows:
If to Landlord :
Commonwealth Edison Company
Three Lincoln Centre
Oakbrook Terrace, IL 60181
Attn : Manager Real Estate Revenue
with a copy to:
Exelon Business Services Company
Law Department
49"' Floor
10 South Dearborn
Chicago, Illinois 60680-5379
Attn: Assistant General Counsel — Real Estate
If to Tenant:
Interim Director of Parks and Recreation
Assistant City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Attn : Bartholomew A. Olson
or at such other addresses as any party, by written notice in the manner
specified above to the other party hereto, may designate from time to time. Unless otherwise
specified to the contrary in this Lease, all notices shall be deemed to have been given upon
receipt (or refusal of receipt) thereof.
20
C. Prohibition on Recording . To the maximum extent permitted under Legal
Requirements, Tenant agrees not to record this Lease. This Section will survive the termination
of this Lease.
D. Waiver of Jury Trial. Landlord and Tenant, by this Section , waive trial by
jury in any action, proceeding, or counterclaim brought by either of the parties to this Lease
against the other on any matters whatsoever arising out of or in any way connected with this
Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Leased
Premises, or any other claims, and any emergency statutory or any other statutory remedy.
E. Captions. The section headings appearing in this Lease are for
convenience of reference only and are not intended , to any extent and for any purpose, to limit
or define the text of any section or any subsection hereof.
F. Binding Effect. The covenants, conditions, and agreements contained in
this Lease will bind and inure to the benefit of Landlord and Tenant and their respective heirs,
distributees, executors, administrators, successors and permitted assigns. In the event that
Tenant is comprised of more than one individual or entity, the obligations of such individuals or
entities under this Lease shall be joint and several.
G . Entire Agreement. This Lease, the exhibits and addenda, if any, contain
the entire agreement between Landlord and Tenant regarding the subject matter hereof, and
fully supersede all prior written or oral agreements and understandings between the parties
pertaining to such subject matter. No promises or representations, except as contained in this
Lease, have been made to Tenant respecting the condition or the manner of operating the
Leased Premises,
H . Further Assurances. Each party agrees that it will execute and deliver
such other documents and take such other action as may be reasonably requested by the other
party to effectuate the purposes and intention of this Lease.
I . No Waiver. The failure of either party to enforce at any time any
provision of this Lease shall not be construed to be a waiver of such provision, nor in any way to
affect the validity of this Lease or any part hereof or the right of such party thereafter to enforce
each and every such provision. No waiver of any breach of this Lease shall be held to
constitute a waiver of any other or subsequent breach .
J . No Third Party Beneficiaries. Landlord and Tenant agree and
acknowledge that, except as expressly set forth herein, there are no intended third party
beneficiaries of this Lease nor any of the rights and privileges conferred herein .
K. Governing Law: Venue. The terms and provisions of this Lease shall be
governed by and construed in accordance with the laws of the State of Illinois. With respect to
any suit, action or proceeding relating to this Lease (each a "Proceeding"), the parties hereto
each irrevocably: (a) agree that any such Proceeding shall be commenced , brought, tried ,
litigated and consummated in the courts of the State of Illinois located in the County of Cook or
(as applicable) the United States District Court for the Northern District of Illinois, (b) submit to
the exclusive jurisdiction of the courts of the State of Illinois located in the County of Cook and
the United States District Court for the Northern District of Illinois, and (c) waive any objection
21
which they may have at any time to the laying of venue of any Proceeding brought in any such
court, waive any claim that any Proceeding brought in any such court has been brought in an
inconvenient forum , and further waive the right to object, with respect to such Proceeding , that
any such court does not have jurisdiction over such party.
L. Counterparts, This Lease may be executed by the parties in
counterparts. Each such counterpart shall be deemed an original and all such counterparts,
taken together, shall constitute one and the same agreement.
M. Subordinate. This Lease, and all of Tenant's rights and interests
hereunder, are subject and subordinate to any and all recorded and unrecorded easements,
licenses, leases and permits, and all other matters (whether recorded or unrecorded ) affecting
the Leased Premises (or title thereto) dated prior to the date of this Lease.
N . Severabilitv. If any term, provision or condition in this Leased shall , to
any extent, be invalid or unenforceable, the remainder of this Lease (or the application of such
term , provision or condition to persons or circumstances other than in respect of which it is
invalid or unenforceable) shall not be affected thereby, and each term , provision and condition
of this Leased shall be valid and enforceable to the fullest extent permitted by law.
O. Time of the Essence. Time is of the essence of this Lease, and each and
every term and provision hereof.
P. No Partnership. None of the terms or provisions of this Lease shall be
deemed to create a partnership between or among the parties hereto in their respective
businesses or otherwise, nor shall any of the terms or provisions of this Lease cause them to be
considered joint venturers or members of any joint enterprise.
Q. Not an Employee. By signing this Lease, Tenant affirms and states that it
is not an employee of Commonwealth Edison Company nor Exelon Corporation , nor any of their
respective parents, subsidiaries or affiliates, nor does Tenant have any affiliated interest in any
such entities.
R. No Oral Change. This Lease cannot be changed orally or by course of
conduct, and no executory agreement, oral agreement or course of conduct shall be effective to
waive, change, modify or discharge it in whole or in part unless the same is in writing and is
signed by the party against whom enforcement of any waiver, change, modification or
discharge is sought.
S. Tenant's Authority. Tenant represents and warrants that it has full right,
power and authority to execute and deliver this Lease, and to perform each and all of its duties
and obligations hereunder. If Landlord so requests, Tenant shall provide Landlord with
reasonable written evidence of such right, power and authority.
T. Termination of Lease Based Upon Change In Law. If any Legal
Requirement is enacted or modified during the Term, and such enactment or modification
places any additional material burden on Landlord (as determined by Landlord) as a result of
Tenant's use or occupancy of the Leased Premises for any purpose, or if the use of the Leased
Premises by Tenant would violate any Legal Requirements hereinafter enacted or modified ,
22
then (without limiting any other rights or remedies of Landlord hereunder) Landlord shall have
the right to terminate this lease effective as of the effective date of such Legal Requirement is
so enacted or modified .
U. Negotiated . The parties acknowledge that the parties and their counsel
have reviewed and revised this Lease and that the normal rule of construction to the effect that
any ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation of this Lease or any exhibits or amendments hereto.
V. Brokers. Tenant represents and warrants to Landlord that Tenant has
dealt with no broker, finder or similar person or entity in connection with this Lease, or Tenant's
use or occupancy of the Leased Premises. Tenant agrees to indemnify, defend (with counsel
acceptable to Landlord) and hold Landlord harmless from and against any and all Claims and
Losses brought against, sustained or incurred by Landlord by reason of Tenant's breach of the
foregoing representation and warranty.
W . Tenant's Authority to Act. This Lease shall be executed for and on behalf
of the Tenant pursuant to a resolution adopted by the United City of Yorkville, at a regular
meeting held , 2009, and signed by the officers therein designated as
signatories and attested by the clerk of Tenant. A certified copy of such resolution shall be
attached to this Lease and made a part hereof as evidence of the authority herein exercised by
the undersigned officers executing the Lease on behalf of Tenant.
X. Additional Requirements. Grantee shall comply with the "Additional
Requirements listed in Exhibit B attached hereto.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the
date first written above.
LANDLORD:
23
COMMONWEALTH EDISON COMPANY
By:
Michael E.Walker
Manager Real Estate and Facilities
TENANT:
UNITED CITY OF YORKVILLE
By:
Mayor
Attest:
City Clerk
SCHEDULE OF EXHIBITS.
A. Leased Premise and Landlords Property
B. Additional Requirements
24
EXHIBIT "A"
(Leased Premises)
[to be attached]
25
GRANDE RESERVE PARK B e
_. . ..
Yorkville, Illinois
i 1
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It
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CONCEPTUAL SITE PLAN
m ^- -- - -
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1 SCALE IN FEET
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CONCEPTUAL SITE PLAN PLAYGROUND DETAIL
T SCAIE IN FEET -------- —•
SCALE IN REFi
PARK DESIGN_ CONCEPT
-.- .;���'s. � ao"oe�edi��arenwe � ---- u�Hivrrrxucaeswxrrrrx mr
l: mwau
Base Information aeanned from taeerded final plat of swm y Obtained from the City of Yerhvf0e, engineering dept
Approxhna,e location of Cam Ed towers taken from aortal phoftraph
GRANDE RESERVE UNIT 15 i
e25ir�-�La
Grande
Reserve - x .�f _
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r• s . A . lW'r°i� '�•'•c- "ice -
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Alit dimensions are `
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approximate only Com Ed 1 e�•-g, J �- ti." �� � �� ° �� 1 ':an•1,�r�
tower, (P
4 s;_ s i
Exhibit prepared by: j6r-a a n•_ ate=
Schoppe Design Associates, Ina
126 S. Main Btrgat _ _..v..,e..�.» : ....e....
Osa'?go. iL. 80543 � _ _'�'^'� �� a —_____ . _ _—_ w�u''�- —•---'� — `•
630/55,3335
Ma Y ,R =7 " 632 City of YOTWI1Ia
Ma
Approximate Commonwealth Edison Tower Locations at Grand Reserve - Park
Exhibit °B"
1 . The Petitioner's proposed grade changes cannot exceed eight (8) inches within the right-of-
way unless he can ensure that the existing drainage patterns are not affected , storm water
does not pool on the R/W or adjacent properties and ComEd NESC safety clearances are
not violated .
2. The Petitioner must provide assurances that the Disc Golf baskets are highly visible during
the day and at night so that they do not cause harm to ComEd personnel or vehicles.
3. Any damage to ComEd's property caused by the Petitioner will be repaired at the
Petitioner's expense. Disc baskets are not allowed within 25 feet of a transmission
structure.
4. If landscaping is required , landscaping plans and details must be provided to ComEd for
review to ensure safety clearances are not violated and access is not restricted . Trees on
ComEd transmission R/W's are not allowed. Small bushes are acceptable provided they
are not within 25 feet of a transmission structure. Boulder placement on the R/W should be
discouraged unless the Petitioner can provide assurances that the boulders would not
restrict our access or cause harm to ComEd personnel or vehicles.
5. The Petitioner cannot place obstructions on ComEd property that will restrict our ability to
access , operate and maintain existing and future transmission and distribution facilities.
Future transmission facilities are planned for the southerly side of this RIW.
6. The Petitioner's equipment cannot exceed fourteen (14) feet in height on the right-of-way.
7. The Petitioner cannot leave construction equipment and materials on ComEd Property
when there is no work activity.
8. The Petitioner's facilities on ComEd's property should be designed for HS20 axle loading
per AASHTO highway specifications in order to withstand ComEd construction traffic.
9. When working in the vicinity of ComEd's electric transmission lines during the installation,
OSHA requires minimum thirteen ( 13) feet working clearance distance must be maintained
between the booms, arms or other parts that can be raised on the equipment for the
Petitioner's contractor and ComEd's existing 138,000 volt electric transmission conductors
Under no circumstances, should truck beds be raised underneath ComEd transmission
lines. This note should be added to any construction drawings.
10. The Petitioner must be made aware that the Company does use heavy equipment and
cannot be responsible for any damage to the Petitioner's facilities that may occur due to the
Company's right to access our property to operate and maintain new and existing
transmission and distribution facilities.
11 . Upon completion of Petitioner's project, the Petitioner must remove any equipment,
construction debris and material from the ComEd right-of-way and restore any other
disturbed areas of the right-of-way to their pre-construction condition .
12. Landscaping , boulders, small trees or bushes with five or six chain baskets not to exceed
six feet in height. The propose plan is acceptable provided the installation does not interfere
with ComEd's access to the property for maintenance, repair, and future construction of the
Transmission System ultimate requirements.
13. We need access to our pole at all times. The landscaping and chain baskets shall not
exceed ten feet in height and no plants shall be planted under the distribution lines. Any
equipment associated with the installation or maintenance (or otherwise) of the facilities
involved with this project shall keep a minimum of ten feet of clearance from all conductors.
26
DRAFT
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINOIS
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY, OCTOBER 13, 2009
Mayor Bard called the meeting to order at 7:02 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
Clerk Milsehewski called the roll.
Ward I Gilson Present
Werderich Present
Ward 11 Golinski Present
Plocher Present
Ward III Munns Present
Sutcliff Present
Ward IV feeling Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator
McLaughlin, Interim Director of Parks and Recreation Olson, Finance Director Mika, Public Works
Director Dhuse, Police Chief Martin, Police Lieutenants Schwartzkopf and Hart, Community
Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies
UORUM
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
Alderman Munns requested that Item #9 — Resolution Approving a Dress Code Policy (ADM 2009-55) be
removed from the consent agenda and placed on the regular agenda under the Administration Committee
report.
Amendment approved unanimously by a viva voce vote.
COMMITTEE MEETING DATES
Public Works Committee Meeting: 6:30 p.m., October 20, 2009
City Hall Conference Room
Economic Development Committee: 7:00 p.m., November 3, 2009
City Hall Conference Room
Administration Committee Meeting: 6:00 p.m., October 15, 2009
City Hall Conference Room
Public Safety Committee Meeting: 6:00 p.m., October 29, 2009
City Hall Conference Room
PRESENTATIONS
None
PUBLIC HEARINGS
Kendall Land Development
Kendall Land Development, LLC, petitioner, has filed an application with the United City of Yorkville,
Kendall County, Illinois, requesting rezoning from the United City of Yorkville R-2 One Family District
to a Planned Unit Development. The real property consists of approximately 51 acres located east of
Route 47, between Van Emmon Street and Route 126, Yorkville, Illinois.
Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting
Service for the transcription of this portion of the public hearing.
The Minutes of the Reeular Meetine of the Cite Council — October 19 2009 — oa e 2
CITIZEN COMMENTS
Corey Johnson of Grace Drive and representing the Laborers Union commented that a few local
contractors have read over previous meeting minutes addressing truck parking. He stated that contractors
are against the truck parking ban. He stated that he has a friend who allows trucks to park on his property
in the industrial park and if this is approved he will be in violation for allowing them to park there. He
asked the City Council to think on how this ban will affect the community.
Susan Lambke of Van Emmon Road expressed her concerns about the guard rail near her home that she
was told the city was going to repair. City Engineer Wywrot explained that the city is working with
IDOT to get this addressed. He has even called IDOT in Springfield but has not beard back from them.
He stated that lie is struggling with IDOT due to the guardrail's proximity to the driveway and that IDOT
red tape is causing the delay in resolving this.
Paul Hurd of Hydraulic Street commented on the proposed truck parking ordinance. He felt that the
ordinance would not have a positive effect on Yorkville because it treats trucking as a nuisance. He noted
that everything brought into Yorkville arrives by truck and that local manufacturer's ship out by truck.
He fell it was unfair to say that truckers are responsible for litter or to imply that they are buying and
drinking alcoholic beverages. He explained that truck drivers are highly regulated and they are subject to
stricter blood alcohol levels than ordinary motorist. Violations can cause them to lose their driving
privileges. Their physicals, log books, etc. are also constantly monitored. He felt that if the ban is
approved it would be inconvenient for truck drivers to park in Morris and shuttle back and forth to
Yorkville. He noted that when drivers are parking overnight in Yorkville they are probably fueling up
and this is a source of revenue for local businesses as well as the city. He felt that trucks are necessary for
commerce and the economy.
Ed Brenymer commented that everyone feels the ban will kill commerce. He stated that as a resident he
has to listen to the trucks running at the Shell station and he has to smell the diesel fuel. He noted that the
Shell is a gas station not a truck stop. He did not feel a truck parking ban would shut down industry in
Yorkville.
CONSENT AGENDA
I . Ordinance 2009-51 - Approving a Preliminary Plan and Final Plat of Subdivision for Mideo
Northgate Yorkville, LLC Subdivision (Rt. 47 & Galena) - authorize Mayo and City Clerk to
execute (PC 2009-11 )
2, Ordinance 2009-52 - Rezoning Certain Property in the Vicinity of Galena Road and Rt. 47 (JR
Yorkville, LLC) - authorize Mayor and City Clerk to execute (PC 2009-15)
3. Monthly Treasurer's Report for .July 2009 (ADM 2009-49)
4. Monthly Treasurer's Report for August 2009 (ADM 2009-50)
5. Resolution 2009-42 - Authorization to Close Checking Account and Transfer Funds (Castle Bank
Checking Account No. 80947700 for Recreation Center Improvement) - authorize Mayor and
City Clerk to execute (ADM 2009-51)
6. Resolution 2009-43 - Authorizing the Establishment of a Checking Account to Hold Pre-
Payment of SSA Money for 164-B Bertram Drive - authorize Mayo- and City Clerk to execute
(ADM 2009-52)
7. Ordinance 2009-53 - Amending the Code of Ordinances Regarding Date of Payment of
Municipal Officers - authorize Mayor and ('107 Clerk to execute (ADM 2009-53)
8. Ordinance 2009-54 - Approving Assignment and Pledge of Transition Fees from Grande
Reserve Subdivision and Notice Thereof - authorize Mayo and City Clerk to execute (ADM
2009-54)
9. Ordinance 2009-55 - Approving a Final Plat of Subdivision for RWJ Yorkville, LLC - authorize
Mayor and City Clark to execute (PC 2009-13)
10. Agreement Regarding Appointment of Successor Trustee for Variable Rate Demand Industrial
Revenue Bonds (F.E. Wheaton and CO., Inc. Project) Series 2006 - authorize Mayor to execute
(EDC 200940)
It. Resolution 2009-44 - Authorization to Participate in USDA Rural Business Enterprise Grant
Application - authorize Mayo and Chy Clerk to execute (EDC 2009-43)
12. Police Reports for July 2009 (PS 2009-25)
13, Police Reports for August 2009 (PS 2009-29)
14. Ordinance 2009-56 - Amending the Code of Ordinances Providing for Liquor Control (Number
of Liquor Licenses) - authorize Mayor and City Clerk to execute (PS 2009-27)
15. Ordinance 2009-57 - Approving a Fine Schedule for Pre-Payment of Certain Fines Pending
Under Administrative Adjudication - authorize Mayo and City Clerk to execute (PS 2009-28)
The Minutes of the Regular Meeting of the City Council — October 13, 2009 — page 3
16. Request to Dispose of 2002 Chevrolet Impala - authorize police Department to dispose of 2002
Chevrolet Impala, as presenter! (PS 2009-30)
Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman
Golinski; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-8 Nays-0
Golinski-aye, Werderich-aye, Plocher-aye, Spears-aye,
Munns-aye, Sutcliff-aye, Gilson-aye, Teeling-aye
PLAN COMMISSION/ZONING BOARD OF APPEAL
Director Miller reported that the next Plan Commission meeting would be held on October 14, 2009 at the
Library at 7:00 p.m.
MINUTES FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of August
25, 2009 and September 8, 2009; seconded by Alderman Golinski.
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 October 8, 2009 totaling the following amounts: checks in the amount of $790,150.52
(vendors); $268,312.23 (payroll period ending 9/26/09); for a total of $ 1 ,058,462.75; seconded by
Alderman Golinski.
Motion approved by a roll call vote. Ayes-8 Nays-0
Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye,
Werderich-aye, Teeling-aye, Golinski-aye, Gilson-aye
REPORTS
111A1'OR'S REPORT
Budget Update
(2009-82)
Mayor Burd reported that Illinois state statute requires a mayor to give a state of the city report. She read
her report regarding recent comments in local newspapers about the city being bankrupt (see attached).
Windett Ridge Paving
(2009-83)
Mayor Burd reported that the city has been advised that paving in the W indett Ridge subdivision will be
completed this year. She asked the City Council to approve the curb-to-curb work.
Mayor Burd entertained a motion to confirm that the City will accept improvements and reduce bonds on
a phased basis. So moved by Aldennan Golinski; seconded by Alderman Werderich.
Alderman Gilson asked if the city has received anything in writing from the Bank of America (BAC)
guaranteeing that the items on the punch list will be completed. Administrator McLaughlin stated that the
only letter the city received from BAC is in packet and it only speaks to the road paving and the water
issue on Claremont Court, Alderman Gilson asked if there were any legal concerns with reducing the
bond issue in phases. Attorney Orr stated that the City Council may choose to do so. Alderman Gilson
felt that the city should not reduce any bond issue until all the work is completed in the subdivision.
Alderman Werderich asked if the work was required to be performed under the ordinance. Administrator
McLaughlin stated that the only requirement, after three years of open payment, is that the final lift of
asphalt will be installed. There is no requirement as to when the subdivision needs to be completed. The
ordinance does not speak to sidewalks and no time line was given. Alderman Werderich stated that there
are not enough bonds to complete the outstanding work and because of this he had a problem releasing
the funds from the bonds.
Alderman Teeling stated that the Public Works Committee asked for a dollar amount as to the work
outstanding versus the bond amount. City Engineer Wywrot stated that there is a problem with putting
The Minutes of the Regular Meeting of the City Council — October 13, 2009 — page 4
accurate costs to the unfinished work and staff would be guessing at the amounts however Administrator
McLaughlin estimated that 5400,000.00 of work has been completed.
Mayor Burd was concerned as what alternative there would be to get BAC to perform if this is not
approved. Both Administrator McLaughlin and Attorney Orr stated there was no other alternative.
Mayor Burd stated that BAC needs to see this before they proceed with paving and if the subdivision is
not paved, the drainage issues will remain.
Alderman Gilson felt that the 51 .2 million estimate did not cover everything and that the city should not
reduce the bonds in order to protect itself. Administrator McLaughlin clarified that it did not cover the
final grading, sidewalks, etc. Alderman Gilson noted the BAC could be gone tomorrow and he felt that
reducing the bonds took away leverage. He asked if the matter could be tabled and Mayor Bard
explained that if it was tabled the paving won't get done this year.
Aldemran Spears expressed her concern with BAC and the Grande Reserve subdivision. She stated that
she has a problem with reducing the bonds because she felt they may ask for something in Grande
Reserve,
Alderman Werderich felt that this should be approved because it is the only way to accomplish addressing
the resident's issues.
Mayor Burd suggested reducing the bonds once the paving is done. Administrator McLaughlin noted that
significant dollars are being expended in order to pave.
Motion approved by a roll call vote. Ayes-6 Nays-2
Gilson-nay, Sutcliff-aye, Munns-aye, Spears-nay,
Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTAT'OR'S REPORT
Administrator McLaughlin reported that the paving on Route 47 by Raging Waves has been completed
and that the building on the northwest comer of Route 47 and Hydraulic has been slated for demolition.
They are waiting for NICOR to turn off the gas and the work should start the first week of November.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dbuse reported that hydrant flushing was scheduled for this week north of the river and next
week south of the river. Leaf pick up is scheduled for the week of November 9"' on the south side of the
river and November 16"' north of the river.
CHIEF OF POLICE'S REPORT
Chief Martin reported that the 4th Annual Senior Police Academy will be held on October 28, 2009 at the
Kendall County Historic Courthouse from 9:00 a.m. to 3:00 p.m. Twenty-five speakers are scheduled to
speak and Jimmy Johns will be providing lunch and no city funds are being used.
DIRECTOR OF PARKS & RECREATION'S REPORT
Interim Director Olson reported on the following:
• There was a successful Playful City event yesterday with forty to fifty kids in attendance. One
resident received eighteen out of twenty-one event stamps.
• The Halloween Egg Hunt will be held at Town Square Park on October 24, 2009 at 7:00 p.m.
The Minutes of the Regular Alleetina of the Cit p Council — October 13 2009 — page 5
• The men"s thirty and over basketball league was priced higher this year. Interested parties
contacted the Recreation Department and asked if there could be fewer games so the price could
be lower. The department has tried to be flexible so anyone interested should cat] the Rec Center.
• There will be a senior fair on October 16, 2009 at the Beecher Center from 9:00 a.m. to 12:00
p.m, where the Park & Recreation Department will have a booth for the Rec Center.
Alderman Munns noted that people interested in the basketball league are looking at joining the YMCA
due to the increase in the cost at the Rec Center. He questioned the reason behind the increase. Mr.
Olson stated that the increase was due to the financial issues with the center. The cost is needed to cover
the program and meet the budget balance. Alderman Morris noted that with no one signing up,
something would be better than nothing.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
No report.
COMMUNITY RELATIONS OFFICER'S REPORT
Mrs. Spies reported on the following:
• The Share and Care recycling event was being held at the Kendall County Fairgrounds. More
information is on the city's websile.
• Channel 17 is now going to be showing the City Council meetings on Channel 10 with the first
airing this Thursday at 7:00 p.m. Meetings will air on Thursday, Saturday and Tuesday evenings.
Mayor Burd added that the city was still looking for sponsors and volunteers for the Holiday Under the
Stars event on November 20, 2009 from 5:00 p.m. to 9:00 p.m.
COMMUNITY & LIAISON REPORT
Library Board
Alderman Plocher reported that he attended the Library Board meeting where the operational budget and
tax levy was discussed.
Kendall County Senior Providers
Alderman Spears reported that she attended the Kendall County Senior Providers board meeting where
they discussed:
• Dates and places for flu shots
• The Oswego antique and collectable auction on November 7, 2009 at the old Trauber High
School. Proceeds will benefit a new senior center.
• Oswego will be hosting the 6"' Annual Health Fair at the Oswego High School field house on
October 17, 2009 from 9:00 a.m. to 1 :00 p.m.
Northeastern Illinois Area Agency on Aging
Alderman Spears reported that she attended the Northeastern Illinois Area Agency on Aging meeting
where they discussed:
• Seasonal flu shots are hard to get due to the H 1 NI vaccine
• Lockport has received a Governor's Award
• A new Veterans Administration project will begin January 1 , 2010
• The Senior Lifestyle Expo was held and the proceeds will go to the Meals on Wheels program
• There will be a Holiday Meals on Wheels Brunch in December which will be hosted by Andy
Avalos. Chefs from the area will be preparing food and the proceeds will go to the Meals on
Wheels program.
Ribbon Cuttings
Alderman Spears reported that on October 2, 2009 she attended ribbon cuttings for Merlin's, where
Alderman Golinski was present to cut the ribbon, and the Children of America Children's Center. She
welcomed both businesses to Yorkville.
KenCom
Alderman Spears reported that she attended the KenCom Finance Committee meeting where they
discussed the bid results for the building.
Aurora Area Convention and Visitor Bureau
Alderman Sutcliff reported that she, Mayor Burd and Alderman Teeling attended the annual Aurora Area
Convention and Visitor Bureau membership meeting at Reuland's Catering. She stated that it was a great
opportunity to meet with the other partners in the AACVB. They discussed the Illinois Lincoln Highway
Commission who created stops for tourist along Route 30. She stated that Yorkville could probably
participate in the commission even though Route 30 does not run through Yorkville. The city would be
included in their visitor guide and she felt it would be a great opportunity to create tourism for Yorkville.
The Minutes of the Regular Meeting of the City Council — October 13 2009 — page 6
Metro Mayor's Caucus
Mayor Burd reported that she attended the Metro Mayor's Caucus workshop on the delivery of services.
They investigated ways to provide more economical ways to provide services to municipal residents. She
stated she would keep Chief Martin updated as there were recommendations for police departments. She
noted that the city gets a lot of information through this partnership.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2009-58 Amending the Code of Ordinances Providing for the Regulation of
Energy Systems
(EDC 2009-37)
A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances
providing for the regulation of Wind Energy Systems and authorize the Mayor and City Clerk to execute;
seconded by Alderman Sutcliff.
Alderman Gilson suggested that the wording on page 3, section F regarding non-reflective color be
changed to state that the color be compatible with surrounding structures. He also suggested a change to
the wording on page 4, item B; he felt it should state that there should be no adverse affect to surrounding
properties. He reiterated his comments from earlier meetings regarding his issues with the agencies noted
in the ordinance and with the enforcement of the ordinance.
Alderman Plocher asked if Alderman Gilson's changes were discussed at committee. Alderman Golinski
stated that the changes were discussed in regards to earlier amendments but he was not sure they were
discussed in regards to this amendment. Director Miller stated that it was suggested to strike the language
on page 3. He also noted that there was not change to the content of the ordinance since the last City
Council meeting.
Alderman Sutcliff stated that regular inspections are necessary however they will take up staff time and
money to do. She felt that they were cost prohibitive and recommended they be removed from the
ordinance.
Alderman Munns agreed with Alderman Gilson's comments regarding the adverse affects to surrounding
areas. Director Miller suggested that the wording be changed to "what is deemed appropriate". Attorney
Orr suggested that the wording be changed to *'. . .the City Council may impose such conditions as are
necessary to eliminate, if at all possible, any adverse affects. . ." Alderman Golinski felt that the wording
"adverse affects" is subjective. He cited the Pearle Vision sign as an example. Mayor Burd noted that
each special use permit comes before the City Council for a vote; if there are adverse affects, the City
Council can deny the request.
A motion was made by Alderman Means to amend the wording on page 4; Item B of the ordinance per
Attorney Orr's suggested; seconded by Alderman Golinski.
Motion to amend approved by a roll call vote. Ayes-7 Nays-I
Sutcliff-nay, Munns-aye, Spears-aye, Plocher-aye,
Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye
Alderman Gilson stated that it was previously discussed to strike Item F - Design on page 3 because it
mentioned the systems being attached but he felt that the wording regarding the system blending with the
surroundings is important and should remain. Alderman Plocher reiterated that the City Council would
be voting on the structure and if it does not blend it should not be approved. He felt changing the
wording would create problems. Attorney Orr stated that this would be covered under the amended
wording already approved.
Motion to approve ordinance approved by a roll call vote. Ayes-6 Nays-2
Golinski-aye, Teeling-aye, Gilson-nay, Sutcliff-aye,
Munns-aye, Spears-nay, Plocher-aye, Werderich-aye
The Minutes of the Regular Meeting of the City Council — October 13 2009 — page 7
PUBLIC SAFETY COMMITTEE REPORT
Off-Street Parking Regulations — Initiation of Zoning ordinance Text Amendment
(CC 2009-75)
A motion was made by Alderman Werderich to direct the Plan Commission to conduct a public hearing
regarding a proposed amendment to Title 10, Chapter 11 , Section 3; seconded by Alderman Gilson.
Alderman Werderich gave the procedural background to this item. He stated that direction was given for
the wording of the ordinance to be tweaked concerning truck parking. The changes were made and now
are being presented back to the City Council.
Alderman Minors stated that not permitting truck parking in business districts is ironic. He stated that
driving a truck is stressful and drivers need a place to rest. He stated that he has been driving by the gas
station on Routes 47 S 71 for ten years and the trucks parking there have not interfered with his being a
customer. Shell and the city will lose revenue due to the ban and the ban could also increase accidents
because drivers are not resting. He stated he reviewed police reports and did not see any citations for
drinking at the site. He stated he was against the ban.
Alderman Golinski stated he was against the ban for many reasons. He clarified that the motion on the
floor was for a public hearing and he stated he was not against hearing from the public with regards this.
Director Miller explained that the Plan Commission conducted a hearing on this in 2008. Since then the
language has been changed which requires that another public hearing be held.
Alderman Spears also clarified that the City Council was voting on allowing the Plan Commission to
have a public hearing for the proposed changes. She asked how much a public hearing was going to cost.
Director Miller stated that the vote was to allow the public hearing which costs less than $200.00.
Alderman Werderich indicated that this was a tough one which he worked on with staff. He stated that he
is sensitive to the truck driving community but that this amendment is a result of his campaign. Ward I
residents voiced their concerns with trucks being a nuisance especially when they idle over night. He is
supporting the ordinance because of their concerns. He suggested that if the City Council does not pass
the amendment that they consider an idling ordinance. Mayor Burd stated that she read the states idling
ordinance and it does not pertain to drivers sleeping in their truck cabs and in fact it excludes them.
Alderman Teeling stated that she saw both sides of this but she felt the ban should not be passed because
it prohibits residents from parking and does not prevent idling.
Alderman Gilson stated that drivers are sleeping overnight at the Shell station. He spoke with the Moms
truck stop and spaces for overnight parking are to the rear of the business and not near homes. The truck
stop also offers showers, garbage disposal, truck service, etc. He felt that the residents concerns
outweighed the truckers need for a parking area. He felt the situation has gotten worse over time and the
matter should be resolved. He stated he was not against truckers but is against the issues caused by their
parking at a facility not designed to be a truck stop.
Mayor Burd stated that she has asked the code enforcement officer to go out to the gas station, The
owners are working hard to provide garbage receptacles and she has asked that they be placed around the
perimeter of the property. There has been less debris with subsequent visits and she felt that they are
trying hard to address the issues. She stated that the owners have decided against the parking restriction
signs as they may hurt their business. She noted that the amendment will impose something city-wide
based on issues with one business. She questioned the distance from the gas station to the nearest house
and Director Miller stated that he did not know the distance but would go out and measure it. Mayor
Burd also noted that the lot across from this business is also loaded with parked trucks.
Alderman Plocher felt that the public hearing was a moot point. He made a motion to call the question;
seconded by Alderman Munns.
Alderman Spears asked for legal clarification before voting.
Alderman Plocher withdrew the motion.
Alderman Spears asked if a public hearing was needed because changes have been made to the ordinance.
Attorney Orr explained that a public hearing was necessary only if the City Council was adopting the
changes. She felt that Alderman Plocher did not feel there was a consensus to approve the ordinance.
The Minutes of the Regular Meeting of the City Council — October 13 2009 — page 8
Alderman Sutcliff stated that the committee felt that the amendment would impede business. She noted
that she has lived in Kendall County her entire life and that the gas station has been at this location for as
long as she can remember. She stated that if people move near a gas station they shouldn't complain
about the smell. She felt that the ban was a huge economic impact on businesses. She did not feel staff
time of city funds should be spent on something that wont pass. She did not support the amendment.
Motion defeated by a roll call vote. Ayes-4 Nays-5
Munns-nay, Spears-aye, Plocher-nay, Werderich-aye,
Golinski-aye, Teeling-nay, Gilson-aye, Sutcliff-nay, Burd-nay
ADMINISTRATION COMMITTEE REPORT
Resolution 2009-46 Approving a Dress Code Policy
(ADM 2009-55)
A motion was made by Alderman Sutcliff to approve a resolution approving a Dress Code Policy and
authorize the Mayor and City Clerk to execute; seconded by Alderman Means,
Alderman Manus commented that the resolution addresses no gym shoes in office but does not address
safety shoes under Field Attire. Also, he questioned "potentially offensive clothing" and asked who
would be the judge of this. Attorney Orr suggested that ". . .terms. logos, pictures, cartoons of slogans' be
struck from the resolution and that the wording under Field Attire be changed to ". . .important factor
appropriate field safely attire is required. " Administrator McLaughlin and Director Dhuse noted that the
Public Works Department has certain attire requirements for safety purposes already in place.
Alderman Spears suggested that under Casual Fridays shorts and blue jeans shorts be struck from the
resolution as they are inappropriate office attire.
A motion was made by Alderman Werderich to amend the resolution as discussed; seconded by
Alderman Munns.
Motion to amend approved by a roll call vote. Ayes-7 Nays-I
Plocher-aye, Werderich-aye, Golinski-nay, Teeling-aye,
Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye
Motion as amended approved by a roll call vote. Ayes-7 Nays-1
Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye,
Spears-aye, Plocher-aye, Werderich-aye, Golinski-nay
ADDITIONAL BUSINESS
Alderman Spears noted that on the agenda item summary memo sometimes it indicates who reviewed it
and sometimes it does not. She asked for consistency in the memos.
EXECUTIVE SESSION
Mayor Bard entertained a motion to go into Executive Session for the purpose of:
° For the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of
approval by the body of the minutes or semi-annual review of the minutes as mandated by
Section 2.06.
° For the appointment, employment, compensation, discipline, performance, or dismissal of
specific employees of the public body or legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee of the public body or against legal counsel
for the public body to determine its validity.
So moved by Alderman Gilson; seconded by Alderman Sutcliff.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye, Sutcliff-aye, Werderich-aye, Teeling-aye, Golinski-aye, Gilson-aye, Munns-aye
Alderman Plocher was not present for the vole.
The City Council entered into Executive Session at 10:25 p.m.
The City Council returned to regular session at 11 :30 p.m.
The Minutes of the Regular Meetirr2 of the City Council — October 13 2009 — 12age 9
ADJOURNMENT
Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by
Alderman Sutcliff.
Adjournment of the meeting was unanimously approved by a viva voce vote.
Meeting adjourned at 11 :33 P.M.
Minutes submitted by:
Jacquelyn Milschewski.
City Clerk City of Yorkville, Illinois
***tapes malfunctioned
Page 1
CITY COUNCIL MEETING
UNITED CITY OF YORKVILLE , ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before
CHRISTINE M . VITOSH , C . S . R . , on October 13 , 2009 ,
at the hour of 7 : 00 p . m . , at 800 Game Farm Road in
the City of Yorkville , Illinois .
D - 891009
Page 2
1 P R E S E N T :
2 MS . VALERIE BURD , Mayor ;
3 MR . GARY GOLINSKI , Alderman ;
4 MR . ARDEN JOE PLOCHER , Alderman ;
5 MR . MARTY MUNNS , Alderman ;
6 MS . ROSE ANN SPEARS , Alderwoman ;
7 MS . ROBYN SUTCLIFF , Alderwoman ;
8 MR . WALLY WERDERICH , Alderman ;
9 MR . GEORGE GILSON , JR . , Alderman ;
10 MS . DIANE TEELING , Alderwoman .
11
12
13 MR . BRENDAN MCLAUGHLIN , City
14 Administrator ;
15 MR . WILLIAM POWELL , City Treasurer ;
16 MS . JACQUELINE MILSCHEWSKI , City Clerk .
17
18 A P P E A R A N C E S :
19 BY : MS . KATHLEEN FIELD ORR ,
20 Appeared on behalf of the United
21 City of Yorkville , Illinois .
22 - - - - -
23
24
Page 3
1 ( Pledge of Allegiance . )
2 ( WHEREUPON , a portion of
3 the proceedings was not
4 herein transcribed . )
5 MAYOR BURD : Kendall Land Development ,
6 LLC , petitioner , has filed an application with the
7 United City of Yorkville , Kendall County ,
8 requesting rezoning from the United City of
9 Yorkville R - 2 One Family District to a planned
10 unit development .
11 The real property consists of
12 approximately 51 acres located east of Route 47
13 between Van Emmon Street and Route 126 , Yorkville .
14 I would -like to - - I would like to
15 call the public hearing to order . Is there
16 someone here tonight who would like to introduce
17 this item?
18 MR . PHILIPCHUCK : Yes . Good evening .
19 Thank you . My name is John Philipchuck . I am an
20 attorney with offices at 123 Water Street ,
21 Naperville , Illinois . I am here this evening
22 representing the petitioners , Kendall Land , LLC ,
23 and we are requesting a rezoning of the property ,
24 the 51 acres , on Van Emmon Road from the existing
Page 4
1 R - 2 to the PUD designation .
2 As Council knows , the property is
3 not subject to an annexation agreement , it was
4 annexed many years ago , back in 1978 , and much
5 development has taken place , as you know , in the
6 area since that time , and our client got through
7 the City ' s subdivision process in 2006 , 2007 , and
8 have a final plat recorded for a PUD lot detached
9 single family subdivision .
10 Just around that time is when the
11 market for housing took a nosedive , and also there
12 was some land immediately adjacent to the south
13 that fronts on Route 126 that came into the City ,
14 was zoned for non - residential use , so my clients ,
15 in evaluating the situation once that occurred ,
16 they did work with those developers and we do have
17 an easement in place that provided the second
18 means of access from the subdivision to the - - to
19 Route 126 , so it was anticipated if we had to
20 proceed before they did that they granted an
21 easement for us to be able to put in that
22 secondary means of emergency access .
23 At some point in the future when
24 that property develops , it will be a public
Page 5
1 street , so if they go first , we ' ll have a public
2 street to tie into ; if we go first , we would be
3 constructing an emergency access drive .
4 Now , the plan has been before the
5 Plan Commission and Plan Commission did not
6 recommend approval . we went before the Park Board
7 and the Park Board recommended approval , and we
8 were before the Green Committee and they made
9 several recommendations , and the reason that we
10 were before the Green Committee is that my clients
11 had some contacts in the building and construction
12 industry , one of which is a resident here in
13 Yorkville , as was mentioned earlier , and found out
14 more about what the GE Corporation is doing in
15 conjunction with the home building industry to
16 create these green communities , they call it as
17 part of the GE Ecomagination , and after I make my
18 presentation , I ' m going to introduce John Feldman
19 to you , who came in to describe their program and
20 how a community can be certified .
21 So we ' re very excited because if we
22 can do this , it will be the first one in the state
23 of Illinois with such a designation , so we think
24 it will be an appropriate place to have it here in
Page 6
1 Yorkville .
2 But we have a couple of issues and
3 hurdles to get around because one of the issues
4 that was coming up when we were looking at how we
5 were going to market the subdivision was well ,
6 it ' s obviously all single family detached product
7 and now we ' re have detached single family product
8 that is going to back up to the non - residential
9 uses to the south , so they felt here is an
10 opportunity to introduce some attached villa
11 product , and so what we were hoping to do is
12 interject as part of a PUD , which you have seen
13 many times before you , a mix of types of
14 residential single family product , and so
15 that ' s - - that ' s what is being proposed , and , as a
16 result , the Staff looked at it from a standpoint
17 well , how does it fit with the Comp Plan and how
18 does it fit with the R - 2 , which its current zoning
19 is , and with the R - 3 that we are proposing .
20 Staff gave you a very nice report on
21 how we comply with the standards of the R - 2 and
22 R - 3 district , and that we did run afoul of the
23 Comp Plan change , which is interesting because we
24 all know we put the Comp Plan in place as kind of
Page 7
1 a future guide for development , but in this case
2 it ' s being applied - - number one , it was amended
3 after the subdivision was approved , which is a bit
4 odd , and , two , the Comprehensive Plan now shows it
5 for a use that allows less residential density
6 than what we enjoy under the current R - 2 zoning
7 classification , so I think that ' s an important
8 factor to consider in that recommendation because
9 the density that ' s proposed under the new plan
10 does fit with the density that ' s allowed in its
11 existing R - 2 classification , but we couldn ' t stay
12 with the R - 2 classification because Yorkville has
13 done a separate PUD zoning as opposed to , say ,
14 allowing special use PUD under , say , the existing
15 R - 2 zoning .
16 It may sound confusing , but there
17 are different degrees of fine line between that ,
18 but please know that we are certainly not
19 stretching the envelope as a result of this .
20 The good thing about the PUD is that
21 the municipality gets to have some additional
22 things that otherwise it wouldn ' t necessarily
23 have , like a participation in some off - site
24 improvements , so we have agreed that we are going
Page 8
1 to contribute some money towards the extension of
2 the trail system , and I know in our master plan
3 that we are going to extend the bike trail through
4 the Commonwealth Edison property , which is
5 immediately to the west of this subdivision , and
6 we ' re going to provide a couple of connections to
7 that future path , but we all know it will take a
8 great amount of money to do it , but we are going
9 to have our seed money that we are proposing .
10 we have also looked the market
11 conditions with regard to the timing of payments
12 of certain fees . As you know , we have always in
13 the past tried to collect school , park , land cash
14 fees at the recording of the final plat of
15 subdivision .
16 Under this particular PUD , we ' re
17 asking , given where we stand in the market today ,
18 that we could postpone those payments until we are
19 actually looking for an occupancy permit , and when
20 you think about it , until you are actually putting
21 people on the property , there really is no impact
22 to the various park district facilities or the
23 schools .
24 One of the unique things about this
Page 9
1 PUD as far as the schools is by modifying the
2 product and introducing the attached villas , we
3 actually reduced the number of school - aged
4 children that we put in the school system , but we
5 increased the amount of money that the school
6 district would receive pursuant to Yorkville ' s
7 ordinance .
8 So I think that ' s another important
9 factor to remember as you go through your decision
10 making process , is that change in product , more
11 money , fewer students .
12 So we would ask that you would - -
13 and probably not only for this development , but I
14 think as things start to come back , we are hoping
15 they ' re going to come back , that you might
16 consider these kinds of - - if you want to call
17 them concessions , I think it ' s working with the
18 marketplace and trying to make it work for
19 everybody , because if we say no to these kinds of
20 initiatives , then we just stagnate , nothing comes
21 on board and we ' re not really getting any job
22 creation , we ' re not getting building permits ,
23 we ' re not putting these moneys that we relied on
24 for all those good years from building permits
Page 10
1 to - - back into the city coffers , so I think we
2 need to look for ways that can help the
3 development community , and those are one of the
4 things that we ask for as part of this PUD , is the
5 timing on payments .
6 The zoning ordinance provides for
7 several criteria that the Council should look at
8 as they evaluate a request , and so I ' d like to
9 point out that we have looked at those and
10 presented some evidence and prior hearings on it ,
11 but just to lightly touch on it , we - - generally
12 your code says you look at the existing uses of
13 property within the general area , zoning
14 classification of property within the general
15 area , suitability of the property for uses
16 permitted .
17 What we would suggest is that there
18 have been some changes that have - - actually
19 haven ' t been put on the ground yet , but approvals
20 have been given for some non - residential uses
21 adjacent to this subdivision , and we think that
22 that will have an impact on our property , and we
23 think that by introducing another product that we
24 would actually help as far as the impacts on the
Page 11
1 school district . For instance , by allowing for an
2 attached product , that also allows another segment
3 of the marketplace to come in , the empty - nester ,
4 and as a result of that , we think that that does
5 also help to cut down on the amount of traffic .
6 I know many of you have been here
7 and seen a lot of traffic studies and time after
8 time you see the detached single family residences
9 you will generate more traffic per day than will
10 attached product .
11 It ' s mostly because of the children
12 that come out of the developments and all the
13 activities they find themselves in these days , and
14 guess how they get there , mom and dad have to
15 shuffle them back and forth , and those of us that
16 have been through it and are going through it can
17 understand and appreciate that factor .
18 So we think that the impact of this
19 particular development will have less impact on
20 traffic in the area . All the improvements are in ,
21 the storm sewers , the road , the water , sanitary
22 sewer , storm sewer system .
23 Pete Huinker is here this evening
24 from SEC Group if you have questions about the
Page 12
1 engineering for the subdivision .
2 Staff has made some requests about
3 as far as cutting some of our lot sizes down . we
4 had extremely large lots in our development , they
5 wanted to see the open spaces . We don ' t have a
6 problem with that ; we think that ' s a good
7 suggestion . We can do that .
8 But Pete has designed some rain
9 gardens into the development to collect the whole
10 rain water , storm water , before it even gets to
11 the storm water detention basin , so we think that
12 these are all factors that you should consider
13 when you evaluate this overall PUD .
14 Finally , there are some what they
15 call LaSalle Factors , Staff pointed it out to you
16 as far as other things to look at , and , again ,
17 some of them parallel what you have in your
18 ordinance , but I think when you look at the
19 property values in relationship , I think that you
20 will see that because of the type of product ,
21 where it ' s located , that it will have no
22 diminution in value of adjacent properties , and we
23 think that because our attempt here is to be able
24 to get this approved as a PUD and get a green
Page 13
1 community designation , that that , in fact , will be
2 a focal point for people who want to live in that
3 kind of a subdivision who espouse to have a home
4 that meets the energy criteria that it would take
5 to be in a subdivision like this , and yet we ' re
6 trying to have some affordability factor that
7 again is something that the marketplace is looking
8 at today , thus , again , a good reason to have an
9 attached product available .
10 So when you look at the length of
11 time the property has been vacant , since - - you
12 know , well , since God created it , but certainly
13 since it ' s been annexed into the city , no
14 development has taken place on it with respect to
15 it , but it is poised for development , and at the
16 time that it was subdivided , the trend was boy ,
17 give us big single family detached lots . Well , we
18 all know a lot has changed within a couple of
19 years and so that ' s really not what the
20 marketplace is saying anymore and that ' s why we
21 would like to work with Yorkville to create this
22 PUD zoning for the property and allow us to move
23 forward .
24 What you are seeing is what we have
Page 14
1 to build and we think that it would be an added
2 value to the community .
3 So with that , I would like to
4 introduce John Feldman from GE to talk about the
5 GE program and how they work with builders to
6 establish a green community . John ?
7 MR . FELDMAN : Thank you . Thanks for
8 letting me come . First of all , it ' s an honor . I
9 think it ' s pretty fun to get up here far away from
10 all the hot weather that I live down in Sarasota ,
11 Florida .
12 So I get to talk to you about some
13 stuff that is - - it ' s the best building discussion
14 we get to have these days , but it ' s probably the
15 most confusing one as well , and I ' ll give you the
16 two examples I had since I got off my plane .
17 So I rent from Hertz , because GE
18 tells us we rent from Hertz , and Hertz is now very
19 green minded . You know why? Because they take
20 your little envelope thing back when they give you
21 your little white receipt that you now have one of
22 their rental cars . So they take their ticket
23 back .
24 So then I check into my Courtyard by
Page 15
1 Marriott and I have the - - you have the little
2 paper cups in your hotel room for your coffee ,
3 right ? Well , it says right on mine that we take
4 our coffee green .
5 So I just feel so bad for our poor
6 customers who have no idea what we are talking
7 about anymore because taking a home into a high
8 performance Ecomagination - type presentation
9 program has really gotten murky because my State
10 Farm agent recycles her bills , she is green ,
11 Marriott recycles their cups . There is just a lot
12 of chunked up stuff in there that someone gets to
13 decipher now in there trying to purchase a single
14 family home that performs , so General Electric got
15 involved about four and a half years ago in a
16 project called Homes Inspired by Ecomagination .
17 Ecomagination is a 20 billion dollar
18 initiative at General Electric . So for 20 billion
19 dollars , Eco alone would be the 159th largest
20 company in the world , just Eco , so it ' s a huge
21 investment from General Electric .
22 They are going after this market
23 with a vengeance because this green means it is
24 profitable . It is a place where our developers
Page 16
1 and builders have excelled , and I ' ll kind of walk
2 through how the program works and try to give you
3 some examples of that so you can kind of put some
4 teeth into what our program has been doing .
5 So GE has a lot of divisions ; there
6 is 13 different businesses inside of General
7 Electric . The biggest one in the builder
8 industry , of course , is our kitchen division ,
9 right ? We sell a lot of kitchens , pretty much per
10 kitchen every other home in America brand new , so
11 we have a little better than a 50 percent share .
12 So we went to every builder in the
13 country that we currently do business with and
14 showed them our green program . It was all the big
15 builders you are familiar with and a lot of the
16 smaller builders you will never hear of , and we
17 got the same result from everyone , same questions ,
18 same answer , come back when the industry turns or
19 come back when it ' s free .
20 I kept telling them , I work for GE ,
21 it ' s not free , we work hard to keep earning money
22 for our shareholders , so we really did take a turn
23 and went to our developers . We have lots and lots
24 of developer relationships in GE Capital and lots
Page 17
1 of other spots , so in the developer space we got a
2 lot of interest and a lot of communities and a lot
3 of contracts signed because they see the same
4 thing that our customers are looking for , we ' ve
5 just got to build it now and kind of take the
6 cloudiness out .
7 So what we ' ve been able to do , I
8 think currently we have 38 neighborhoods under
9 construction . They are all over the place . So
10 they are from Vancouver , Washington , down the
11 coast into Vegas , kind of the big smile of
12 America , and we ' ve got to start filling in the
13 Midwest , so I have this in Maryland scooping down
14 to Florida all down to the West Coast , and we are
15 starting to fill now in the Midwest . we have some
16 projects coming out of the ground in Philadelphia ,
17 Ohio , we are working hard here and some other
18 places well .
19 What ' s different about the GE
20 program is that we are simple and repeatable , so
21 our customers who are out there looking at our
22 homes get our story immediately , they are not
23 wondering how we take our coffee and did we get a
24 reusable envelope .
Page 18
1 They are learning that our homes
2 perform better . Our homes do different things .
3 So the way that we do it is when a house is being
4 built in blueprint stages , we make the proper
5 changes to that house and we qualify in a program
6 that ' s called Environment for Living .
7 So an Environment For Living
8 certification is the stamp of approval that says
9 this house will out - perform the other homes that
10 are not green , and we dollar - rise it and say not
11 only do we out - perform , we will guarantee that we
12 will out - perform on your energy bill and on your
13 water bill at least 20 percent of the home you
14 just moved out of or any other non - certified home .
15 So we ' re going to put a 20 percent savings into
16 every home .
17 If we don ' t , we pay the energy bill
18 until it ' s corrected . You can be pretty sure
19 because I still have my job that ' s never happened
20 yet and we don ' t expect that it will . So we go
21 out there and dollar - rise our standards .
22 The homes are built a little bit ,
23 it ' s not a huge expensive forward - - or a redo of
24 the home , it is a lot of little pieces that make
Page 19
1 the house perform better , and that ' s called
2 Environments for Living .
3 So we certify the home from the time
4 that the permit and blueprints starts all the way
5 until the home is done and we do a blower door
6 test on it to see if we get the house to fail . If
7 they leak , they fail . We correct it , they pass .
8 So Environments For Living is run by
9 a partnership that we have . They have currently
10 92 , 000 homes under this certification program .
11 They are the best in the world at this , in our
12 country and in other countries , so that ' s why GE
13 partnered up with them .
14 Once we get that piece rolling , then
15 GE shows up with product , so we put in all the
16 different pieces in the GE family that make the
17 houses perform because then we can repeat it . We
18 can continue to ship Energy Star kitchens , we can
19 continue to ship tankless hot water heaters , we
20 can ship the type of products that GE manufactures
21 to keep score , so the home becomes a very high
22 performance home , and we can do it over and over
23 and over .
24 When the house changes from an
Page 20
1 Ashton 3 or Westhaven 4 or whatever the other
2 models within the community , we just keep
3 performing because we are able to repeat it .
4 So it ' s on the blueprints , their
5 trades understand it and we are just building a
6 home . It ' s just a little more of a high
7 performance home .
8 Then the last piece , which we think
9 is the most important piece , because when the
10 builder builds a home and a homeowner comes to
11 look at it , it has to be different because
12 otherwise they are going to drive out of
13 Kendallwood and drive into another neighborhoods ,
14 and if it ' s a just a per square foot story , we
15 missed . There is a better story out there .
16 So the home inspired by
17 Ecomagination comes with an entirely already done
18 out - of - the - box marketing campaign that our
19 builders can use .
20 There is a television commercial
21 that has won all the awards you can win in the
22 place , it plays during the Super Bowl , it ' s played
23 on NFL Games Today , we did - - we had eight ads
24 during the last Super Bowl campaign , and we have a
Page 21
1 $ 300 million Ecomagination campaign going on right
2 now .
3 Our builder is not going to spend
4 $ 300 million on this program . He doesn ' t have to .
5 We already did . And we are going to continue to
6 do that .
7 So some of the results we get from
8 that , we have - - I ' ll highlight a couple of our
9 neighborhoods . We have about a 134 - unit community
10 in Las Vegas . Now , we know Las Vegas is a booming
11 housing market , right ? It is in the bottom of the
12 bottom other than where I live , Sarasota ,
13 Ft . Meyers .
14 So the Vegas community has sold 74
15 homes , have already built - - 43 of those that are
16 already done , and they have sold a solar panel on
17 100 percent of the homes . Solar cannot sell in
18 new home construction , cannot sell , except they
19 sell on every single home , and their houses start
20 at $ 172 , 000 a home because the campaign says we ' re
21 going to save you money and here ' s how .
22 In that neighborhood they put
23 their - - they put the solar panels on the front of
24 the home . They ' ve got an attitude about it
Page 22
1 because it ' s awesome . That ' s called Concordia .
2 And Concordia is rocking , they ' re doing great ,
3 they ' re selling in an environment that doesn ' t
4 sell and they ' re selling a home that will no one
5 buy because the marketing is working .
6 When you come a little bit further
7 into the central of the country we have a
8 neighborhood we point to the most , it ' s called
9 Land Tejas . It ' s in Houston , Texas . The Land
10 Tejas is owned by a developer , his company is
11 called - - his company is Land Tejas , his name is
12 Al Brende , and Al has nine neighborhoods now in
13 Houston , and they kind of go around the whole
14 circle of housing in Houston .
15 So one area of Houston is very - -
16 very kind of - - kind of uppity , it ' s very high
17 end , it ' s a very slick community , it ' s called
18 Woodlands , and the neighborhood I ' m going to tell
19 you about is in the Woodlands Discovery at Spring
20 Trails . When it ' s all said and done , it will be
21 800 - - a little more than 800 homes .
22 The school is already built , it ' s
23 the first green school in Houston . It ' s already
24 been done . The county up there did it right .
Page 23
1 The neat thing about it is they have
2 a campaign that we supported and they market
3 themselves as the first solar hybrid energy homes
4 in Houston .
5 So we have a full marketing
6 campaign , billboard campaign , radio campaign that
7 GE does all of it for our builder . Al Brende ' s
8 never developed or marketed a green community in
9 his life , so we did it with him .
10 Here is the results . They are
11 averaging 316 people through their design center
12 each week . Their other neighborhoods don ' t put
13 300 people through every month . we are
14 out - performing his other eight communities
15 400 percent . He has 90 something sales , 30
16 something starts , and their grand opening is June
17 the 5th of this year .
18 So our story is right . We are
19 nailing it . Our customers are coming through the
20 door . We have a neighborhood in Mobile , Alabama ,
21 similar results , just a smaller neighborhood .
22 They have 6 , 000 people walk down the street for
23 their Parade of Homes week . You have to get to
24 this neighborhood by ferry boat . It was
Page 24
1 unbelievable , they were selling drinks on the
2 ferry boat to try to keep people from waiting and
3 mad when they got across there , which is really
4 good , because we had a two - hour wait when they
5 came to see our houses .
6 Then lastly what we have is our big
7 neighborhood , which is in Myrtle Beach , South
8 Carolina . That was our first Eco neighborhood ,
9 which we got excited about that , and it really
10 launched a lot of support from the GE team . It is
11 about a three - year old neighborhood now . It was
12 the first ever Homes Inspired by Ecomagination
13 community .
14 So the words homes Inspired by Eco
15 had never been put in the press . So we launched
16 this neighborhood and we had 40 different outlets
17 pick up our story on the AP , and so that ' s GE ' s
18 job , is to get the story out .
19 We ' re going to work with your group
20 and we ' re going to get the story out to go find
21 where the customers are and to bring them here .
22 That ' s what we ' re getting really good at . We ' ve
23 - done it 30 , 40 times now .
24 So this little neighborhood called
Page 25
1 withers Preserve in Myrtle Beach , they drove - -
2 they have 48 companies or 48 outlets pick up their
3 story , they made a front page of the New York
4 Times Sunday Real Estate section , they had two
5 television shoots on - site , one of them happened to
6 be on our network , so figure that one out , and the
7 Today Show showed up and did a special story about
8 it . They also had a 30 - minute segment about it
9 that runs on MSNBC that our developer paid nothing
10 for . That was our partnership and our agreement .
11 So what we ' ve been able to figure
12 out is if we build the house to a simplified
13 method of certified green , the rebate dollars
14 flow , we take care of that for all of our builder
15 partners so they get a nice turnkey program .
16 Then we ' re going to put a bunch of
17 GE products inside because we want to do it the
18 same way every time and it ' s repeatable and it ' s
19 comfortable and the name GE is known throughout
20 every single homeowner and potential homeowner
21 walking through there .
22 Then we ' re going to go out there and
23 market it and market it - and really turn some heads
24 to where this market is what this community is
Page 26
1 going to have . If we do this right , we can be
2 first . You can be the first one in the state , the
3 state from where green is growing .
4 This is the market where everyone is
5 saying you ' ve got funding for solar , you have got
6 funding for geothermal . There is a lot of
7 exciting stuff happening in this state and we
8 could be the first neighborhood under the Eco
9 program . That would be our recommendation . We
10 would like to see that as soon as possible . Good ?
11 MR . PHILIPCHUCK : Thank you , John . Just
12 to sum up , I think some of - - you all should have
13 received some of the elements that will go into
14 the community as part of the PUD agreement .
15 We are working with Travis and Staff
16 to bring that to a finer document . We got some
17 great ideas and thoughts that we exchanged with
18 your Green Committee , which , Mayor , you know , I
19 think that ' s a nice group that you have put
20 together there to be able to bring our ideas to
21 and bounce them off them , and they in turn were - -
22 I was very impressed by their knowledge and I came
23 away - - learned a lot , so I think that our
24 proposal makes sense for the community , makes
Page 27
1 sense for this location . We are really excited
2 about it . We would really like the opportunity to
3 do it .
4 You have the package before you .
5 That ' s our proposal . This is what we want to do
6 and this is in your hands ultimately to give us
7 that authority to move forward with it . That ' s
8 all we have for our presentation . We are
9 obviously here to answer any questions . Thank
10 you .
11 MAYOR BURR : Okay . I ' d like to open it
12 up to the public and then if the City Council - -
13 oh , speakers needed to sign in on the sign - in
14 sheet , please , so we ' ve got your name for the
15 record . Thank you . Alderman Spears .
16 ALDERMAN SPEARS : Yes .
17 MAYOR BURD : But I ' d also like to - -
18 after the comments , and at this point it ' s just on
19 this program , this subdivision , citizen comments
20 will be later , but we are just going to be
21 entertaining questions on this .
22 I ' d like to also open it up to City
23 Council . We usually don ' t do that , but since the
24 gentleman here has flown in from GE and he may not
Page 28
1 be here when we vote on this , I think that would
2 be appropriate if that ' s okay .
3 So let ' s start with anyone here in
4 the public who would like to ask questions . Is
5 there anyone ?
6 MR . BARBIER : Yeah , I would .
7 MAYOR BURD : Yes , sir . Would you come
8 up to the podium and sign in and ask your
9 question , please ?
10 MR . BARBIER : Got a few questions .
11 First question is they never addressed the problem
12 about flooding , going from a single family to a
13 duplex with a lot of concrete in the ground . I
14 haven ' t seen anything about any study that ' s been
15 done if it ' s going to cause any more flooding .
16 That ' s the main goal . That ' s the main reason I am
17 here . I don ' t want to lose my house so they can
18 build houses .
19 Next thing - -
20 MAYOR BURD : Sir , would you - -
21 MR . BARBIER : - - multi - family homes - -
22 MAYOR BURD : Excuse me . Could you - -
23 MR . BARBIER : Could you answer that
24 question ?
Page 29
1 MAYOR BURD : First could you say your
2 name for the record out loud , so everyone - -
3 identify yourself , who you are ?
4 MR . BARBIER : Can I say what ?
5 MAYOR BURD : Your name .
6 MR . BARBIER : Oh . My name is Rich
7 Barbier . I live on Van Emmon .
8 MAYOR BURD : Thank you .
9 MR . BARBIER : I am right across the
10 street from this proposed building .
11 MAYOR BURD : Do you want to ask all your
12 questions or one at a time ?
13 MR . BARBIER : I ' d like to ask questions .
14 I would like to know what they are planning on
15 doing about the flooding issue .
16 MAYOR BURD : Okay .
17 MR . BARBIER : That ' s my main concern .
18 And then a couple about their builders building .
19 MR . HUINKER : Pete Huinker , SEC Group .
20 759 Prairie Point Drive , Yorkville .
21 The question was regarding the - -
22 assuming the increase in impervious area , meaning
23 additional square footage of rooftop as what ' s
24 being proposed on the southern portion of the site
Page 30
1 and what we are proposing as part of this PUD is
2 the addition of rain gardens , and as part of the
3 approved plan that was done back in 2006 , you
4 know , at this point we are not proposing to make
5 any changes to the roadways at all .
6 The changes that we are proposing as
7 part of this plan is having rain gardens attached
8 to the roofs of the attached villa product , and
9 basically what a rain garden is , is a depress - -
10 it ' s basically the opposite of a berm . It
11 basically is a depressed area , and what we are
12 proposing is that water is collected from the
13 downspouts and is directed to these rain gardens ,
14 and basically what it does is it causes the water
15 to be captured and is allowed to be infiltrated
16 into the ground as opposed to just running off , so
17 basically if you can envision basically a reverse
18 berm , they are about eight inches , what we are
19 proposing in depth , and there is flowers and other
20 types of deep - rooted plant material that
21 encourages the infiltration as opposed to the
22 water just simply sheet flowing off of the lots .
23 And what we are proposing is a
24 12 - by - 20 - foot rain garden for each of these units ,
Page 31
1 so it ' s about 240 - square foot of rain garden
2 for - - per attached unit .
3 MR . BARBIER : I don ' t know , but anybody
4 who does gardens knows that eventually they fill
5 up . Where does the water go when the water - -
6 when it fills up ?
7 There is still no plan to capture
8 the water and get it away from our houses . I - -
9 rain gardens don ' t work . A 20 - foot rain garden is
10 not going to capture that amount of water .
11 The last couple years we ' ve had
12 three , four inches rain in the matter of a week at
13 a time and most of our houses sustained quite a
14 bit of water damage . Now , with them catching all
15 this water up there with an eight - inch run - off ,
16 they ' ve got eight - inch drain tiles coming out of
17 their - - their collectors up there . That water is
18 going to come down with a lot of force .
19 The berms that they put across 47 ,
20 that little pathway they put there , it ' s going to
21 wipe it out . It already did . They had to come
22 back and redo it over again . That ' s why they were
23 back there the last two weeks rebuilding
24 everything because the water kept washing it all
Page 32
1 out , and it ' s going to continue that way .
2 No matter what - - how many rain
3 gardens you put in , you collect all the water you
4 want off the roof , it has got to go to the ground
5 somewhere . When it hits the ground , it ' s leaving
6 the ground and it ' s coming down the hill , and the
7 only place it goes when it goes down the hill is
8 into all our houses .
9 MAYOR BURD : I think Staff can - - we
10 talked about that in the committee meetings , if
11 somebody on Staff would like to address that .
12 MR . WYWROT : Yes , I ' m sorry , I didn ' t
13 catch the - - you talked about a berm . Was it
14 along Route 47 ?
15 MR . BARBIER : It ' s the creek side along
16 47 . Every time that water comes off that hill , it
17 hits that and just runs over . Have you ever been
18 down on 47 when it rains hard and watched the
19 water come off that hill ? It just hits - -
20 MR . WYWROT : I ' m sorry - -
21 MR . BARBIER : Not 47 , Van Emmon .
22 MR . WYWROT : Van Emmon .
23 MR . BARBIER : It ' s like right across 47 .
24 There is nothing that stops it .
Page 33
1 MR . WYWROT : Van Emmon .
2 MR . BARBIER : Right , on Van Emmon . It
3 comes right across . It goes into her house , it
4 comes off of Rich ' s house , it comes straight down
5 his driveway from the back of his yard , runs down
6 the driveway and just runs straight across , and
7 that little berm that ' s on the south side of Van
8 Emmon doesn ' t catch nothing , absolutely nothing ,
9 that little creek . This water is going to come
10 down .
11 MR . WYWROT : I think you are
12 referring - -
13 MR . BARBIER : With their rain garden ,
14 it ' s just going to wipe it out .
15 MR . WYWROT : Well , first of all ,
16 Kendallwood Estates has a series of stormwater
17 basins internal to the subdivision . You can ' t see
18 them , they ' re way up - -
19 MR . BARBIER : They ' re way up in there
20 and they ' ve got eight - inch drain tile coming out
21 the bottom .
22 MR . WYWROT : And the stormwater from the
23 roadways is collected and led to those basins and
24 then they ' re - - water is stored there and released
Page 34
1 at a lower rate . Most of the water is released to
2 the small creek that runs along the little ComEd
3 right - of - way .
4 MR . BARBIER : It ' s not going to work .
5 There is no way - - there ' s no way it ' s going to
6 work .
7 MR . WYWROT : Well , that ' s the way it
8 functions today .
9 MR . BARBIER : I have a couple other
10 quick questions about this . I actually am in the
11 construction business . They said there is going
12 to be jobs for the local community .
13 It ' s my understanding when GE comes
14 in and builds houses , they bring crews with them ,
15 complete - - complete crews that they have come in .
16 Now , I could be wrong in that , but it ' s my
17 understanding they have crews that go around the
18 country building these houses .
19 As for the house itself , is that an
20 option ? Is that going to be a total option or is
21 that going to be a standard house ? If it ' s an
22 option , then they just sold you a bunch of stuff
23 that somebody may not even buy . How many - - how
24 many people buy houses and buy all the options in
Page 35
1 a house ?
2 MAYOR BURD : Well , in the PUD
3 agreement - -
4 MR . BARBIER : And - -
5 MAYOR BURD : - - most of these things
6 are - - they are not options , they are
7 requirements .
8 MR . BARBIER : They are not options .
9 That ' s what I was asking .
10 MAYOR BURD : The geothermal , from what I
11 understand , the geothermal is an option , but a
12 quite a few of these options are required .
13 MR . BARBIER : And they are also going to
14 be in the multi - family homes ?
15 MR . PHILIPCHUCK : Yes .
16 MAYOR BURD : Yes .
17 MR . BARBIER : In every single home , all
18 the homes are going to be green homes ?
19 MR . PHILIPCHUCK : Yes .
20 MR . BARBIER : And they say there is
21 going to be less kids because of the density of
22 the property up there ?
23 MAYOR BURD : No , because - -
24 MR . BARBIER : It ' s going to a lesser
Page 36
1 burden to the school district ?
2 MAYOR BURD : It ' s because of the villas
3 are supposed to be - - they are targeted towards
4 empty - nest people who - - who don ' t have small
5 children . That ' s what - - that ' s my understanding .
6 MR . BARBIER : Multi - family has what , 2 . 1
7 kids , the average house , single family house has
8 2 . 1 , something like that ? Isn ' t that a burden on
9 the school district ?
10 MR . PHILIPCHUCK : Your numbers aren ' t
11 correct .
12 MR . BARBIER : It ' s close .
13 MR . PHILIPCHUCK : No , they ' re not . You
14 have to look at the city ordinance . As you know ,
15 the City has an ordinance , you plug into the
16 formula the type of dwelling unit , the number of
17 bedrooms . It ' s all required . Travis can confirm
18 it . The numbers speak for themselves . We don ' t
19 make them up . The community created the numbers .
20 We plug them in and that ' s what comes out .
21 Numbers speak for themselves .
22 MR . BARBIER : My main concern is
23 flooding . That ' s my main concern .
24 MR . PHILIPCHUCK : Mr . Feldman will
Page 37
1 address the GE .
2 MR . BARBIER : And I just don ' t think SEC
3 has done a good enough job of explaining how
4 they ' re going to capture all the water . Rain
5 gardens don ' t do it . They absolutely do not do
6 it .
7 A 20 - foot rain garden is like the
8 one in your house . Build a little garden in your
9 house to grow vegetables ; when it rains real
10 heavy , what happens ? It floods . The water has to
11 go somewhere . It could go on top of a hill , the
12 water has to go somewhere . And where ' s it going
13 to go ? It ' s going to down .
14 MAYOR BURD : Well , I think the rain
15 gardens are a little different than the garden
16 rain . Anyway , but before you say that - - what I
17 had hoped that the Staff would address was the
18 erosion issue , and the erosion on the north side
19 that has been coming down the hill because I saw
20 it , it was a lot of dirt that was washed out and
21 that was part of the problem when I went out there
22 and talked to the residents .
23 This dirt was just coming out and it
24 was coming out from underneath the curbing and
Page 38
1 some of the other - - some of the areas where the
2 water was supposed to be going into , that was too
3 high and it wasn ' t getting into the right place ,
4 so how - - I think that ' s what they are talking
5 about . They want to know how that ' s going to be
6 addressed .
7 MR . HUINKER : To answer the question
8 regarding some of the storm water , in speaking
9 with the rain gardens , that ' s only to supplement
10 what ' s out there already , and essentially what ' s
11 out there already is four detention basins . There
12 is one at the northeast corner and there is three
13 along the west side of the property .
14 what we are proposing with the rain
15 gardens is to supplement that and to help improve
16 the infiltration of the stormwater , the stormwater
17 run - off .
18 The existing basins right now are
19 basically flat bottom basins , naturalized
20 plantings , utilizing best management practices , so
21 it ' s encouraging infiltration , so that ' s all part
22 of the original subdivision design .
23 So what we are proposing is in
24 addition to that providing additional rain gardens
Page 39
1 to supplement that entire stormwater management
2 plan .
3 MAYOR BURD : Well , but I think what the
4 gentleman was saying is that those are already in
5 place , but still this massive erosion had
6 occurred , so do we know why that had happened , how
7 is that not going to happen anymore ? I think
8 that ' s what they are asking you .
9 MR . HUINKER : Erosion is really due to
10 exposed soil , so until you have the soil covered
11 in some manner , whether it ' s pavement or trees or
12 grass , you ' re going to have run - off , so really
13 what is established on the entrance section of the
14 roadway adjacent to Van Emmon , basically all
15 that ' s been repaired and the grass has been
16 established in those areas , so , you know , until
17 you have a full grass establishment , you will have
18 some erosion control , and there are - - you will
19 have some erosion , but we have erosion control
20 measures in place that are put in until you have
21 the permanent vegetation to hold the soil .
22 MR . FELDMAN : Hi . John from GE
23 again . Thanks for those questions , that was very
24 good .
Page 40
1 GE doesn ' t build homes , we haven ' t
2 built any of these yet . I can ' t imagine we ' re
3 going to start building a home . It ' s much
4 different than we are taking on .
5 We help the builders get certified
6 into the program , we help them with their
7 blueprints , with their permitting , and then help
8 them purchase all of our gear that we can put into
9 the homes .
10 In the Eco homes , the equipment is
11 required . It is not optional . Now , we pay for
12 the marketing and everything else , there is no
13 charge for it .
14 So the equipment that goes in the
15 home is standard , it ' s in every single home . The
16 only optional equipment is the solar panels , which
17 make more sense in some markets than others , and
18 that ' s a full option . It ' s in the contract as a
19 full optional item . So the refrigeration , all the
20 Energy Star , all the other pieces in the contract
21 are standard and they are required .
22 Does that answer your question , sir ?
23 Thank you .
24 MR . LAMBKE : Greg Lambke , East Van Emmon
Page 41
1 Street .
2 MAYOR BURD : Sir , sign in , please .
3 Thank you .
4 MR . LAMBKE : I understand that this is
5 to approve an increased number of residential
6 units on the same property that ' s been previously
7 zoned . Increased number of units can perceive an
8 increased population density , regardless of what I
9 think they are trying to put across that it ' s not
10 going to be an increased population .
11 I ' d like to see that the subdivision
12 that ' s already been approved , there ' s been a lot
13 of work done there , not possibly correctly , I
14 believe the EPA has a problem with the water
15 retention ponds that are there that don ' t work and
16 dump - - they don ' t retain water , they dump
17 directly into the creek , the unnamed creek that I
18 live on , which used to be a nice gravel bottom .
19 The last time I was in there a couple months ago
20 there is 12 to 16 inches of muck in the bottom .
21 The area just on the north side of
22 Van Emmon where the culvert comes under the road ,
23 the double culvert , used to be nice and clean ,
24 gravel , rock bottom . It ' s now nothing but muck ,
Page 42
1 and I would not want to fall in there because you
2 get stuck in the muck .
3 According to the EPA this all has to
4 be taken care of ; however , I understand that the
5 original contractor on this went bankrupt , so it
6 kind of sits in limbo .
7 What does this new developer plan on
8 doing ? There is still extensive erosion coming
9 directly into that creek , siltation of the creek
10 that goes directly into the Fox River .
11 And I don ' t care how green you are ,
12 if we look at this picture right here , all that
13 brown is still brown because it was not developed
14 correctly .
15 The EPA told me that the project
16 should have been done in stages and without
17 removing all the trees . This was once all green
18 timbered wooded land . What is it now? It ' s a
19 bunch of mucky silt , and every time it rains , it
20 erodes directly down into the creek .
21 And I don ' t know if these guys have
22 ever walked up there and seen it , I have been up
23 there . I was up there . The EPA followed me . We
24 took pictures and the EPA has those , and they said
Page 43
1 that it is - - the retention ponds do not work and
2 need to be corrected . Now , they told me this .
3 This may not be official record .
4 We have an engineer over here that
5 disagrees with me often as to what I think ought
6 to be done or where our water problems on East van
7 Emmon come from . A lot of it comes from that
8 subdivision , either directly from it or indirectly
9 due to the sanitary sewer line that was run down
10 the Commonwealth Edison right - of - way , which broke
11 through the shale and I believe caused the ground
12 water to rise up and made the subaquifer come up
13 to a surface aquifer . Because I never had water
14 problems in this house until they put that sewer
15 line in and then with all the development of that
16 property up there , it ' s just been exasperating .
17 ( Applause . )
18 MR . PHILIPCHUCK : Just for the record ,
19 the developer of this subdivision is the original
20 one , there ' s been no bankruptcies , so I don ' t know
21 where you got that word from .
22 UNIDENTIFIED SPEAKER : Then why doesn ' t
23 he fix the problem , fix my basin ?
24 MAYOR BURD : Ma ' am , please . If would
Page 44
1 you like to come up to speak - -
2 MR . PHILIPCHUCK : We have also not
3 received any notices from the EPA . I checked .
4 Smith Engineering has had no notifications from
5 the EPA .
6 MAYOR BURD : I don ' t think - - Has the
7 City received anything ?
8 MR . WYWROT : We ' ve had recommendations ,
9 I ' ve received some of information , although not
10 all of it ; I think some of it was directly between
11 the EPA and the developer . The developer has been
12 out many times to address those problems or
13 attempt to address those problems .
14 This is a very challenging site , be
15 very honestly about it , very steep slope . It ' s
16 very difficult to keep things stable . There have
17 been some instances where , you know , soil has
18 washed off the site .
19 The developer has come back many
20 times and attempted to correct those , not always
21 successful , but the site is for the most part
22 stable today , especially with no development up
23 there , nature taken over to a certain extent , and
24 then the City just recently went in with some
Page 45
1 government money and stabilized the shoulders on
2 Benjamin Street just south of Van Emmon , so that ' s
3 what ' s going on .
4 MAYOR BURD : Is it possible for us to
5 get a copy of whatever was sent to the developer ?
6 I would think it would be . In the past hasn ' t it
7 been public record? I think we should be aware of
8 all this information if that ' s possible .
9 MR . WYWROT : I can request that from
10 Silinois Conservation District . Silinois
11 Conservation District has a monitoring contract
12 with the Illinois EPA . EPA can ' t be everywhere ,
13 don ' t have the Staff , so the local soil and water
14 conservation districts visit their local sites and
15 then report back to the EPA .
16 I do have some of that information ,
17 but I do believe that there is much that I do not
18 have .
19 MAYOR BURD : I think we need to get it
20 all .
21 MR . WYWROT : I will . I will .
22 MAYOR BURD : Is there anyone else who
23- would like to make a comment ?
24 MR . LAMBKE : I just have - - you always
Page 46
1 hear this is a very unstable site . I have no idea
2 why we are even discussing it . He just said it ' s
3 unstable , I can ' t fix it .
4 MR . WYWROT : I did not say that . I said
5 it was - -
6 MAYOR BURD : Well , please , we ' re not
7 going to debate it . It ' s already platted , so
8 it ' s - - you know , they are going to build
9 something there eventually , so if they wish to
10 just go start building and not go into a PUD , they
11 can do that . Yes , sir .
12 MR . LAMBKE : Last man , Just to add in , I
13 did , I contacted the EPA , I filed a complaint with
14 the EPA , my name is on file , and what they said is
15 they were taking - - the contractor already had
16 court proceedings involved in this . This is what
17 the EPA - - the Illinois EPA , I ' m sorry , told me .
18 They utilized the Kendall County
19 people to do verification on it . The one time I
20 called - - the one time , I called multiple times ,
21 due to the inundation of the silt into the creek ,
22 which has basically ruined that creek . That was a
23 beautiful , pristine creek . It ' s now a big muck
24 pit .
Page 47
1 They said that they had taken legal
2 action against the contractor . Now , this may or
3 may not be true , this is what they - - again , it ' s
4 a hearsay - type thing , what the man at the Illinois
5 EPA told me .
6 And I can ' t see doing any changes at
7 that property until what ' s there is corrected and
8 proper , not eroding any longer and we don ' t have
9 any more environmental problems .
10 Forget the greenness . It ' s
11 obviously not green now . It ' s brown . Anything
12 that comes off that property is brown , goes
13 directly into a creek , and quite green of you
14 doing solar panels and the geothermal and all .
15 Let ' s get the ground problems solved
16 before we start putting up more and more concrete
17 up on the area , including the buildings , the - - I
18 believe they are going to be duplex - type buildings
19 or something , you know , I may be wrong , but it ' s
20 not single family dwellings any longer .
21 I ' d rather see the single family ,
22 which it was approved for originally , less
23 population density , more , quote , green area , a lot
24 more grass area than what they are proposing .
Page 48
1 MAYOR BURD : Well , I think according to
2 the plat , I think that is already set up where the
3 houses are going to be , so can somebody address
4 that ? I don ' t know - - could you address that ,
5 sir , your plans ?
6 Does anybody have any idea how much
7 more - -
8 MR . HUINKER : I ' m sorry , I was talking
9 to - -
10 MAYOR BURD : He was saying that he is
11 concerned that once again about covering more of
12 the land with concrete for the villas . Are they
13 going to be that much bigger than the original
14 footprint , do you know?
15 MR . HUINKER : You are going to slightly
16 have a little bit more , but that ' s - - that ' s why
17 we are proposing the rain gardens to compensate
18 for the additional area of the rooftop .
19 MAYOR BURD : Could we talk a little bit
20 more about the erosion? Because like Mr . Lambke
21 said , this was one of the main things that he and
22 I talked about when I went out to his property and
23 I witnessed - - you know , at the time- work had not
24 been completed , there was finishing of the road ,
Page 49
1 but the dirt just pours down .
2 Is there anything from the IEPA in
3 court against this subdivision ? Do you know of
4 anything ?
5 MR . PHILIPCHUCK : I don ' t know of
6 anything .
7 MAYOR BURD : I mean , it will come out
8 when we ask for these records , but - -
9 MR . PHILIPCHUCK : There may be , but I am
10 not aware of it .
11 MAYOR BURD : Okay .
12 MR . HELM : Hello . Jason Helm , manager
13 for Kendall Land . We are in discussions with the
14 EPA , we currently have 21 days to resolve all the
15 issues . We are under contract with EnCap
16 Consultants to take care of all the problems
17 within 21 days . If we do not do that , we will be
18 going to court proceedings .
19 ALDERMAN SPEARS : Excuse me , sir . When
20 did you receive this notification from the EPA?
21 MR . HELM : I ' d have to check .
22 ALDERMAN SPEARS : Approximately .
23 MR . HELM : Six months ago .
24 ALDERMAN SPEARS : Six months ago , and
Page 50
1 this is just coming to us right now?
2 MR . HELM : Well , our first plan of
3 attack was denied by the EPA , we had to resubmit .
4 The delay was really on the IEPA portion , not
5 ourselves .
6 ALDERMAN SPEARS : I would also like to
7 have copies of all these documents as well .
8 MR . HELM : Sure .
9 ALDERMAN SPEARS : As long as our Council
10 is going to be voting on this , I would like to
11 have any document that was prepared by the EPA
12 that was sent to you , sent to our City , even
13 residents . I think it ' s very important that we do
14 review all of this information .
15 MR . HELM : Yes .
16 ALDERMAN SPEARS : Thank you .
17 MAYOR BURD : Alderman Gilson .
18 ALDERMAN GILSON : I have a few
19 questions . Number one , I tend to agree with a lot
20 of these residents for the fact that if you are
21 adding higher density housing as proposed here to
22 this development and you are already having
23 run - off problems with water , it ' s only going to
24 exaggerate and make that run - off more the way I
Page 51
1 see it .
2 I don ' t see - - I agree with the
3 gentleman back there , rain gardens is not going to
4 solve that problem .
5 Is GE or Kendall Land Development
6 proposing anything - - I didn ' t hear any solution
7 as to how they ' re going to solve that issue yet .
8 Is there anything you are going to do to help
9 eliminate that problem?
10 MR . HELM : The erosion problem will be ,
11 you know , a constant maintenance , whether it ' s
12 single family or the multi - family . The engineer
13 can speak more to the percentages of the
14 non - pervious areas .
15 ALDERMAN GILSON : And then I have just a
16 few more if you don ' t mind , a couple more . Is
17 Kendall Land Development - - are you going to be
18 the one paying the contractors to do this work ?
19 MR . HELM : Yes .
20 ALDERMAN GILSON : Has there ever been an
21 issue where Kendall Land Development hasn ' t paid
22 their contractors in the past ?
23 MR . HELM : I am the manager , not the
24 investor .
Page 52
1 ALDERMAN GILSON : I believe , if I am not
2 mistaken , we have called letters of credit for
3 this property , due to the fact that they haven ' t
4 paid their contractors . I see that as an issue
5 here .
6 And the other thing I have - - are
7 you willing to - - well , - I guess this is a question
8 for GE , and on top of GE , I ' ll ask this gentleman
9 one more question .
10 For GE in all of your communities
11 that you have built nationwide , what ' s your
12 densities per acre of units nationwide ?
13 MR . FELDMAN : We don ' t build any
14 communities . our developers develop the
15 neighborhoods with our program , and I have no idea
16 what the densities are nationwide . I have no
17 idea .
18 ALDERMAN GILSON : Does anyone know what
19 the densities built in these communities are , in
20 other communities nationwide ?
21 MR . FELDMAN : I have no idea . What is
22 your question ? Maybe I can answer a different
23 one .
24 ALDERMAN GILSON : Well , basically in our
Page 53
1 Comp Plan is not - - is defined as suburban
2 neighborhood and you are asking for us to go a
3 higher density than what we have in our Comp Plan ,
4 and my question is are you willing to build
5 according to suburban neighborhood as defined in
6 our Comprehensive Plan?
7 MR . FELDMAN : I don ' t think that ' s - - is
8 that a GE question?
9 ALDERMAN GILSON : No , that ' s a land
10 development question .
11 MR . HELM : I ' m sorry , say that again ?
12 ALDERMAN GILSON : Our Comp Plan defines
13 this property as suburban neighborhood , that ' s
14 what we had planned to build there . You are
15 asking for a higher density development , which
16 would not be suburban neighborhood .
17 Are you willing to build according
18 to our definition of what suburban neighborhood
19 is , which is 1 . 5 - - between 1 . 5 and 2 . 25 dwelling
20 units per acre ?
21 MR . FELDMAN : That ' s a question for John
22 here .
23 Mr . PHILIPCHUCK : George , you weren ' t
24 listening when I talked about this earlier
Page 54
1 apparently .
2 ALDERMAN GILSON : I was .
3 MR . PHILIPCHUCK : Okay . The property
4 has an R - 2 zoning now . The R - 2 zoning allows
5 densities , 3 . 3 DU per acre is permitted in an
6 R - 2 District , okay? That ' s what it ' s zoned today ,
7 all right ?
8 ALDERMAN GILSON : That ' s not what our
9 Comp Plan defines for this area . It defines for a
10 suburban neighborhood , though .
11 MR . PHILIPCHUCK : My point was the
12 community came back after the property is zoned ,
13 after the property is platted and decided to adopt
14 a Comp Plan that takes away density from the
15 property .
16 The property was already platted and
17 approved . That ' s why I ' m saying I think you
18 really have to take a look at this because what
19 happened to this particular piece of property is
20 not right , and now to come along and use a plan
21 that we all know is a guide , it ' s for future
22 development , it ' s not fixed in stone , it ' s
23 something that ' s flexible and it changes a lot .
24 This community and all the other communities make
Page 55
1 plans and change them , they make them and change
2 them .
3 ALDERMAN GILSON : Well , Mr . Philipchuck ,
4 I understand that .
5 MR . PHILIPCHUCK : Okay , all right .
6 Well , you ' re saying why don ' t you follow our plan .
7 ALDERMAN GILSON : I couldn ' t recall - -
8 MAYOR BURR : Alderman Gilson , would you
9 please let him finish ?
10 ALDERMAN GILSON : Oh , I ' m sorry . Go
11 ahead .
12 MR . PHILIPCHUCK : No , I ' m just saying
13 that if you look at what is on the property , what
14 it currently has today , okay , and even with our
15 proposed PUD , our density is under what is allowed
16 today .
17 In other words , if we wanted to come
18 back - - let ' s say you said well , this PUD is a
19 silly idea , we don ' t think you should do it . My
20 client has a right to come back in and resubdivide
21 the property and they are allowed to add more lots
22 as long as we can meet the zoning requirements ,
23 and increase the density .
24 And how much can we increase the
Page 56
1 density? Up to 3 . 3 . And what is our proposal ?
2 2 . 35 . And what is your Comp Plan - - which I
3 maintain should not apply in this case , you should
4 disregard it because I don ' t think it was done
5 correctly as applied to this property - - 2 . 25 .
6 It ' s a little bit - - Staff says why
7 don ' t you cut five units out ? well , as you know ,
8 in this market , it costs money to do these
9 developments , we think we ' ve got a good plan , we
10 think by adding another market share in the
11 development makes it better , and that ' s why we ' re
12 asking for that attached property , and yes , the
13 density does come up , but we didn ' t design the
14 subdivision originally to the max density that
15 could be put on the property . That ' s the bottom
16 line .
17 MAYOR BURD : Yes , sir .
18 ALDERMAN GILSON : Mr . Philipchuck , I
19 understand what you are saying , but - -
20 MR . PHILIPCHUCK : Okay .
21 ALDERMAN GILSON : - - I guess , number
22 one , I am a firm believer in our Comp Plan , I
23 think we ' re facing an issue by building it the way
24 the people want it to be built , but I understand
Page 57
1 the problem with that theory is that added density
2 adds to an added problem , which what these people
3 out here are talking about is the run - off and
4 water that ' s not being controlled coming off of
5 that property , and that being said , the more
6 houses you put on a property , the more run - off
7 there is going to be , and I don ' t hear any
8 solutions as to what you are going to do to
9 eliminate that .
10 MR . PHILIPCHUCK : The ordinances of the
11 City will be followed , City engineer and your
12 consultants will evaluate the plans to make sure
13 that we comply with all of the ordinance
14 requirements .
15 As you probably know - - but you
16 haven ' t been on Council as long as a lot of the
17 others , but bottom line is when you take developed
18 property and you put in all the stormwater
19 detention requirements , you get less run - off from
20 that property than you did in the pre - development
21 state .
22 A lot of people have a mistaken
23 belief that well , if it ' s a corn field , obviously
24 you ' re not going to get as much run - off once it ' s
Page 58
1 developed as a subdivision .
2 But the facts are , though , is that
3 you will get a holding back of the water in the
4 subdivision because of the retention that ' s
5 required as opposed to the sheet flow that comes
6 off of the corn field .
7 ALDERMAN GILSON : So what you ' re trying
8 to tell me , Mr . Philipchuck , just so I ' m clear in
9 my head when I go to vote on it , is that the
10 housing on that property is not going to increase
11 the run - off on that property?
12 MR . PHILIPCHUCK : We have to accommodate
13 any increased impervious surface , we have to
14 accommodate that pursuant to your ordinances .
15 ALDERMAN GILSON : With rain gardens , is
16 that what I ' m hearing , though ?
17 MR . PHILIPCHUCK : Part of what we ' re
18 doing is putting in rain gardens , part of it is ,
19 you know , we will work with the City engineer to
20 determine what the capacity is needed in the
21 detention facilities versus what increased
22 impervious there may be .
23 Because - it ' s not like we ' re going
24 from zero . You can put a large home and a two or
Page 59
1 three - car driveway on it and get X , and you can
2 put an attached product on there and get Y . X and
3 Y may be very close together , okay , as far as the
4 amount of impervious .
5 But part of what we ' re doing in
6 taking and creating the rain gardens to divert
7 that water , and it ' s a water quality issue as well
8 as a holding back of water before it can get into
9 the detention facilities .
10 Any time you start a new subdivision
11 you do get some issues with soil erosion . It is
12 part of what has - - what happens , but soil erosion
13 measures are put in place , we ' ve been back in , and
14 I think you heard Mr . Helm ' s testimony , and they
15 are working with the EPA to correct the problems
16 and they will be corrected , and so yes , as we move
17 forward , we have to correct those problems and we
18 have to meet the ordinances and address your
19 concerns .
20 They are legitimate concerns . The
21 people ' s concerns are legitimate . But I think , as
22 someone else pointed out , whether we build the
23 subdivision that ' s there today or we go with the-
24 PUD plan , we still have to meet these criteria .
Page 60
1 We still can ' t , you know , flood anybody ' s homes
2 and we can ' t put silt out in the streets .
3 Already taking measure - - and I
4 think if you ' ve been out there you have seen the
5 patching that ' s been done , the curb work that ' s
6 been done , the grass that ' s been planted , the mats
7 were down now , all of this to help control the
8 issue that was out there with the erosion , and we
9 have to make that effort .
10 MAYOR BURD : Does anyone else in the
11 audience have a question ?
12 MS . LAMBKE : Yeah . I am Mrs . Lambke ,
13 also on Van Emmon .
14 If you were the builder there
15 before , why wasn ' t this done properly the first
16 time ? Why wasn ' t it inspected while it was going
17 up ?
18 There was holes in the silting dam ,
19 the retention ponds were not property retained ,
20 that ' s why all the water kept flowing . About a
21 month ago we had an inch of rain at night , another
22 inch the next day , I had water in my basement .
23 I would like you to come see my
24 basement to see the damage you have done . Are you
Page 61
1 willing to fix my basement , sir ? Talking to you .
2 If you are the original builder that was there
3 before , why wasn ' t this done properly? Why wasn ' t
4 the retention ponds - - they were not built
5 properly , and why wasn ' t the silting - - your
6 silting bags had holes in it .
7 Why wasn ' t it inspected all along to
8 make sure it was working property? Now you want
9 to rebuild it ? You ' ve got a mess . I ' m not done
10 yet because my basement is ruined .
11 I moved in five years ago , my house
12 was spotless . Perfect . You have come see it now .
13 The Mayor has been to my house , she ' s been to a
14 few houses . It ' s horrible . You don ' t live in it .
15 Why wasn ' t this inspected by the City?
16 MR . PHILIPCHUCK : Well , I ' m sorry for
17 your loss . All I can say is I don ' t know what
18 caused your damage . I know you have an idea , but
19 I can ' t say - -
20 MS . LAMBKE : Just because of improper
21 work .
22 MR . PHILIPCHUCK : - - of how that water
23 got in your basement , if it was a result of what
24 we did or didn ' t do or it was some other function .
Page 62
1 I think the gentleman mentioned the
2 sewer project that went in . Other things have
3 been done out there , so to say that we caused your
4 problem - -
5 MS . LAMBKE : You added to it .
6 MR . PHILIPCHUCK : I don ' t know . I don ' t
7 know if that ' s true .
8 MAYOR BURD : Did we do inspections ?
9 MR . WYWROT : We did .
10 MAYOR BURD : Okay .
11 ALDERMAN WERDERICH : Actually I would
12 like to ask Travis to comment in regards to the
13 Plan Commission meeting and the Plan Commission
14 vote and what the outcome was and for the record
15 what they discussed that led them to that outcome .
16 MR . MILLER : Sure . Absolutely . As was
17 stated by the petitioner earlier in the public
18 hearing , the Plan Commission did not recommend
19 approval of this rezoning to PUD .
20 The findings weren ' t discussed
21 individually prior to the vote being taken by the
22 Plan Commission , but attached in your packet I did
23 include minutes from the Plan Commission so we can
24 review the discussion , and the highlight is that
Page 63
1 there were members that had concern on a couple of
2 items . One was on density and the increased
3 density beyond the Comprehensive Plan
4 recommendation for the property . That was echoed
5 by more than one Plan Commission member as the
6 Plan Commission members had final comments before
7 they did vote .
8 Another item that raised concern was
9 this second point of access . It was understood
10 that the access point to the south would occur
11 prior to the first occupancy permit . There was
12 concern that that should be put in place prior to
13 any construction of any units to allow for
14 emergency vehicles and access in and out of the
15 development , so that that is a remnant or a result
16 of the previous subdivision plat .
17 The current subdivision plat has one
18 access with an emergency access . The Plan
19 Commission just reiterated their concern about
20 having one access out of this subdivision .
21 Those were the two primary issues
22 that I recall from the Plan Commission meeting .
23 The meeting minutes are in the packet .
24 ALDERMAN WERDERICH : Sure . I was just
Page 64
1 hoping to have a recitation for the public hearing
2 record .
3 MR . MILLER : I would like to comment on
4 the Comprehensive Plan and its relevance in this
5 decision .
6 When I prepared the Staff report , I
7 did reflect the Comprehensive Plan and the
8 Comprehensive Plan recommends for the property
9 regardless of the platting of this property
10 happening prior to the latest update to the
11 Comprehensive Plan .
12 The Comprehensive Plan is still a
13 resource that should be reviewed by the City
14 Council in making a decision for future plan uses
15 for any zoning change to a property .
16 The Comprehensive Plan , particularly
17 future land use recommendations , the Comprehensive
18 Plan should be reviewed and should be considered .
19 So even though the plat of this
20 development already entitles the development to a
21 higher density than the Comprehensive Plan
22 suggests , it doesn ' t make the Comprehensive Plan
23 moot in this decision . It should be considered
24 just by Staff , including language of the
Page 65
1 Comprehensive Plan in the Staff report .
2 MAYOR BURR : I have a question about
3 that , though . I am confused on why we would - - we
4 would put in a Comprehensive Plan something that
5 didn ' t agree with existing zoning that we knew we
6 had already passed that was going to be developed
7 that way that had already been platted recently ,
8 and , you know , it seems like we ' re setting
9 ourselves up for defeat because we ' re saying ,
10 okay , we ' ve changed our mind now , we just passed
11 this , but now we don ' t want it like that anymore ,
12 so let ' s put something else here , even though we
13 know that these people aren ' t going to do that .
14 That doesn ' t make any sense to me .
15 MR . MILLER : The Comprehensive Plan is a
16 guide document . It makes land use recommendations
17 for the entire City and the entire City ' s plans .
18 Many of those areas have already been developed or
19 have entitlement to be developed that aren ' t
20 exactly consistent with or a carbon copy with what
21 the Comprehensive Plan says .
22 The Comprehensive Plan Plan
23 Committee and the Plan Commission in preparing
24 their recommendations on the land use map looked
Page 66
1 at the global community and made land use
2 recommendations that they felt were appropriate
3 looking at the - - what we said at the time ,
4 30 , 000 - foot level at the community , so one of
5 the - - the exercises that the citizens ' group went
6 through back in 2008 was we actually prepared a
7 map showing all of the communities - - all the
8 properties that have been entitled with
9 preliminary PUD plat or more , so there was a map
10 created that showed residential lots , showed
11 commercial development that had been approved and
12 not constructed , so that was a piece of
13 information that was understood at the time the
14 land use map was being prepared , that was not
15 uncommon as you look at the Comprehensive Plan to
16 see that vision , the future land use map ,
17 suggesting uses that may be different than what ' s
18 there today or different than what ' s entitled , but
19 should still be reviewed when decisions are made ,
20 existing development , redevelopment in the future ,
21 so the Comprehensive Plan is still a tool and a
22 future vision . The Comprehensive Plan isn ' t
23 always the same as what ' s entitled or what was
24 constructed . Does that answer - -
Page 67
1 MAYOR BURD : Well , I just have to say my
2 concern here is that I don ' t see how we can get
3 there , I really don ' t , because it ' s already zoned
4 R - 2 and R - 2 allows higher density than what they
5 are asking for , so if anybody here can explain to
6 me how we can coerce them into having less density
7 than R - 2 zoning if we don ' t pass the PUD , I am
8 open to hearing it , but I - - it seems to me like
9 they could just go back and build more houses , you
10 know , if they wanted to have that 3 . 3 , is that
11 correct , per acre , which is what they are entitled
12 to ; is that correct ?
13 MR . MILLER : That ' s correct , but the - -
14 that entitlement also requires a minimum
15 12 , 000 - square foot lots .
16 MAYOR BURD : Okay .
17 MR . MILLER : It requires all the
18 stormwater management basins - -
19 MAYOR BURD : Right .
20 MR . MILLER : - - so the reason they are
21 not at 3 . 3 I would suspect is - -
22 MAYOR BURD : They can ' t fit them on
23 that , right . Okay . Gentlemen ? Alderman Gilson?
24 ALDERMAN GILSON : And just for the
Page 68
1 record , because I hope that we ' re not going back
2 and talking about this later , but for the record ,
3 that ' s one of many issues that are obviously a
4 problem here ; one being run - off , which I don ' t
5 think ' s been addressed ; two being the current
6 developer , Kendall Land Development , hasn ' t paid
7 all his subcontractors and we are getting into an
8 issue of pulling letters of credit in regards to
9 that issue , and you know , I think if you talk
10 about a vision , and I think we agree with Travis ,
11 we do have a vision how we want to see it grow , we
12 can ' t hold them to that , but it ' s a vision , and
13 that ' s not the only reason why I feel that this
14 proposal has problems .
15 MAYOR BURD : Well , we are just here to
16 ask questions this evening , we are not here to
17 debate this issue . Yes , sir .
18 MR . PHILIPCHUCK : Well , George , you
19 brought up the fact about non - payment of
20 contractors . Let me put it to you this way . If
21 you had a contractor come to your home , okay , and
22 he did work and then he came for payment and you
23 decided that it wasn ' t the way you really wanted
24 it or it wasn ' t done pursuant to the contract , you
Page 69
1 probably wouldn ' t pay him all his money , would
2 you ? Probably wouldn ' t , right ?
3 ALDERMAN GILSON : That ' s correct .
4 MR . PHILIPCHUCK : Okay . And that ' s what
5 that issue is here , but the way the City ' s
6 ordinance reads about letters of credit - - which I
7 don ' t agree with , but that ' s what it says - - is
8 that if there is some issue like that , you can
9 pull the letter of credit .
10 So please , don ' t take that issue to
11 somehow disparage my client and this proposal .
12 The proposal stands on its own , but if work was
13 done and we didn ' t feel it measured up to our
14 contract and we didn ' t pay them and then somebody
15 goes and says oh , pull their letter of credit
16 because they didn ' t pay us , well , there very well
17 may be some good reasons why they weren ' t paid ,
18 George .
19 ALDERMAN GILSON : And Mr . - - I ' m not - -
20 MAYOR BURD : And we no longer - - we no
21 longer have our letters of credit written like
22 that , we have amended that , so that ' s been
23 changed .
24 MR . PHILIPCHUCK : Thank you .
Page 70
1 MAYOR BURD : Number two , what our City
2 attorney has advised me that that issue is not
3 something that should be on the table as far as us
4 making this decision about this . That ' s a private
5 issue between the developer and their contractor .
6 MR . PHILIPCHUCK : Exactly . I would like
7 to correct it for the record .
8 MAYOR BURD : So please let ' s not discuss
9 that . Yes , sir .
10 ALDERMAN GILSON : When we look at
11 approving this going forward , do you agree we
12 should be looking at the total history of who we
13 are dealing with here ?
14 MAYOR BURD : Well , please don ' t - -
15 ALDERMAN GILSON : I am asking that of
16 the developer .
17 MAYOR BURD : You want to ask him? Okay .
18 ALDERMAN GILSON : Well , the developer
19 and obviously Mr . Philipchuck because I guess when
20 I look at approving something like this , I want to
21 know if we ' re dealing with a developer that has
22 any issues that we are going to see later on ,
23 number one , not paying contractors ; number two ,
24 not fixing stormwater run - off , which we are
Page 71
1 currently experiencing in Windett Ridge , Raintree
2 and other areas ; number three , when we are talking
3 about a development , you know , I guess I think all
4 that needs to be considered , and I still haven ' t
5 heard any solutions to some of the questions we
6 have asked .
7 MAYOR BURD : Could we let the City
8 attorney be heard one last time on this issue ?
9 ALDERMAN GILSON : Sure .
10 MS . ORR : The question is , so with
11 regard to the developer , with regard to issues of
12 letter of credit , they are not relevant to the
13 decision .
14 Questions with regard to run - off ,
15 with regard to density , are zoning issues and
16 what ' s before you is a zoning issue , and I highly
17 recommend that ' s the focus that you base your
18 decision on .
19 You can ask your question , but that
20 would have to be the focus because that is the
21 question you are asked to respond to .
22 ALDERMAN GILSON : And there is a problem
23 and I just want to point out that those are big
24 issues .
Page 72
1 MAYOR BURD : Well , let ' s stop . Did you ,
2 Mr . Philipchuck , wish to address that ?
3 MR . PHILIPCHUCK : I think the City
4 attorney addressed it .
5 MAYOR BURD : Alderman Golinski .
6 ALDERMAN GOLINSKI : Yes . My question
7 actually is for Mr . Feldman since he came all the
8 way from Florida . I really like the concept of
9 this GE Ecomagination - type community . I ' m
10 curious , what is the role of GE or Ecomagination?
11 You know , after the community develops , after it ' s
12 mature , after the developer has moved on , the home
13 builder has moved on , what ' s GE ' s role in it ?
14 MR . FELDMAN : Okay . So thank you . We
15 stick with the house three years after closing to
16 make sure it continues to perform at the
17 guaranteed levels that we put in place .
18 So a home is going to perform at
19 certain levels of water savings in the home for
20 the water bill and obviously less water use ,
21 electrical savings , and we stick with those
22 savings for three years after the home closes .
23 So if you go and look at other
24 programs that do similar things , they stay for
Page 73
1 12 months and we stick with the homeowner for
2 three years , so we think it leaves a much better
3 flow from the first home to the last home .
4 ALDERMAN GOLINSKI : Okay . Is there any
5 sort of re - certification for these homes ? I guess
6 after five , seven years the water heater goes out
7 and they replace with something less efficient or
8 a furnace goes out , they replace with something
9 less efficient .
10 MR . FELDMAN : Okay . So to re - certify ,
11 it would only make sense if you got more money .
12 Certification in our world means you got money
13 from the state or the United States government .
14 That ' s why we certify . That ' s why we tell our
15 builders to certify because there is money out
16 there , let ' s go get it . Because someone else is
17 going to get it , we might as well drive it into
18 our communities .
19 After that you would just have to - -
20 I would believe , especially in our current
21 environment , if you bought a hot water heater
22 seven years ago and that yellow sticker on the
23 side doesn ' t show you dramatic savings in the way
24 we currently heat water , we all made a big
Page 74
1 mistake .
2 I can tell you GE is making a huge
3 mistake because we are putting hundreds of
4 millions of dollars into new water heaters .
5 So ongoing after three years , the
6 certification stops . So I wouldn ' t say we have
7 any fingers back into the home to say you have to
8 buy this certain hot water heater right now
9 because we don ' t . we don ' t come back and say your
10 furnace and efficiency on the HVAC has changed .
11 For one , they really don ' t , and the way
12 manufacturers are driving their future sales are
13 for efficiencies , so we are just going to gain , so
14 the shell of the home is so much better , every
15 time we add an efficient product , we just keep
16 getting more chips in our pocket , keep getting
17 better .
18 Now , can I prove that to you ? No .
19 I believe it because I ' m in sales , so if you
20 believe it , we ' re successful , but the reality of
21 life is they ' re going to get better because
22 companies like Home Depot and Lowe ' s and other
23 companies , manufacturers like us , our customers
24 demand it , and we better dang well demand it
Page 75
1 because the way they currently run are - - we ' re
2 not driving .
3 ALDERMAN GOLINSKI : And that makes
4 absolute sense to me . Now , you talked about
5 Lowe ' s and Home Depot , that was one of my
6 questions , as far as the purchasing of all these
7 appliances and components that go in these homes ,
8 I mean , does the developer go and buy everything
9 from GE direct or our local improvement
10 distributors ?
11 MR . FELDMAN : Okay . Great question . So
12 if the developer currently buys locally , then the
13 developer currently buys locally our stuff . No
14 change . If the currently - - some of our builders
15 desire a relationship to buy their kitchen
16 appliances directly from General Electric , that ' s
17 available , too .
18 It ' s more based on their business
19 model . Whatever they propose to us , we generally
20 say yes . We don ' t change much in the way the
21 builder goes through his business of building of a
22 home after the blueprint and certification
23 happens .
24 Everything else is just normal flow
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DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 1
TIME : 11 : 12 : 04 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
AA000002 JULIE VISHER
112309 11 /23 / 09 01 POLICE - 11 / 09/ 09 & 11 /23 / 09 01 - 210 - 62 - 00 - 5443 12 / 08 / 09 300 . 00
ADMIN ADJUDICATION CONTRAC
02 ADMIN HEARINGS * * COMMENT * *
INVOICE TOTAL : 300 . 00
VENDOR TOTAL : 300 . 00
AACVB AURORA AREA CONVENTION
103109 -ALL 11 /23 / 09 01 FINANCE -ALL SEASON OCT . TAX 01 - 120 - 65 - 00 - 5844 12 / 08 / 09 43 . 89
MARKETING - HOTEL TAX
INVOICE TOTAL : 43 . 89
VENDOR TOTAL : 43 . 89
AIRGAS AIRGAS NORTH CENTRAL
105992118 10/ 31/ 09 01 SEWER OP-ANNUAL LEASE RENEWAL 52 - 000 - 65 - 00 - 5805 12 / 08 / 09 62 . 99
SHOP SUPPLIES
INVOICE TOTAL : 62 . 99
VENDOR TOTAL : 62 - 99
ALTEC ALTEC INDUSTRIES , INC .
5700912 09/ 01 / 09 01 STREETS - PERFORM ANNUAL 01 - 410 - 62 - 00 - 5409 12 / 08 / 09 806 . 61
MAINTENANCE -VEHICLES
02 INSPECTION , CLEAN BOOM , * * COMMENT * *
03 CHANGE HYDRAULIC FILTER , CHECK * * COMMENT * *
04 TORQUES , LURE UNIT * * COMMENT * *
INVOICE TOTAL : 806 . 61
5714649 11 / 06 / 09 01 STREETS - SET UP UPO UNIT , 01 - 410 - 62 - 00 - 5408 12 / 08 / 09 276 . 00
MAINTENANCE - EQUIPMENT
02 REMOVED REAR WHEELS , INSTALLED * * COMMENT * *
03 KIT * * COMMENT * *
INVOICE TOTAL : 276 . 00
VENDOR TOTAL : 1 , 082 . 61
1.
�n
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 2
TIME : 11 : 12 : 04 DETAIL BOARD REPORT
ID : AP441000 - WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
AQUAFIX AQUAFIX , INC .
5031 11 / 04 / 09 01 SEWER OP -VITASTIM POLAR BLEND 52 - 000 - 62 - 00 - 5422 12 / 08 / 09 463 . 14
LIFT STATION MAINTENANCE
INVOICE TOTAL : 463 . 14
VENDOR TOTAL : 463 . 14
ARAMARK ARAMARK UNIFORM SERVICES
610 - 6682725 11 / 10/ 09 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 12 / 08 / 09 26 . 14
WEARING APPAREL
02 WATER OP -UNIFORMS 51 - 000 - 62 - 00 - 5421 26 . 14
WEARING APPAREL
03 SEWER OP - UNIFORMS 52 - 000 - 62 - 00 - 5421 26 . 16
WEARING APPAREL
INVOICE TOTAL : 78 . 44
610 - 6687730 11/ 17 / 09 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 12 / 08 / 09 25 . 95
WEARING APPAREL
02 WATER OP-UNIFORMS 51 - 000 - 62 - 00 - 5421 25 . 95
WEARING APPAREL
03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 25 . 97
WEARING APPAREL
INVOICE TOTAL : 77 . 87
610 - 6692743 11/24 / 09 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 12 / 08 / 09 26 . 41
WEARING APPAREL
02 WATER OP- UNIFORMS 51 - 000 - 62 - 00 - 5421 26 . 40
WEARING APPAREL
03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 26 . 40
WEARING APPAREL
INVOICE TOTAL : 79 . 21
VENDOR TOTAL : 235 - 52
ARROLAB AFRO LABORATORY , INC .
41174 11 / 06 / 09 01 WATER OP- 12 COLIFORM SAMPLES 51 - 000 - 65 - 00 - 5822 12 / 08 / 09 120 - 00
WATER SAMPLES
INVOICE TOTAL : 120 . 00
VENDOR TOTAL : 120 . 00
DATE : 12 / 01/ 09 UNITED CITY OF YORKVILLE PAGE : 3
TIME : 11 : 12 : 04 DETAIL BOARD REPORT
ID : AP441000 - WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ATT AT&T
630R061269 - 1109 11 / 16/ 09 01 ADMIN- CITY HALL FIRE 01 - 110 - 62 - 00 - 5436 12 / 08 / 09 42 . 64
TELEPHONE
02 POLICE- CITY HALL FIRE 01 - 210 - 62 - 00 - 5436 42 . 65
TELEPHONE
INVOICE TOTAL : 85 . 29
6308262965 - 1109 11/ 16 / 09 01 ADMIN- CITY HALL NORTEL 01 - 110 - 62 - 00 - 5436 12 / 08 / 09 447 . 71
TELEPHONE
02 POLICE - CITY HALL NORTEL 01 - 210 - 62 - 00 - 5436 447 . 71
TELEPHONE
03 WATER OP- CITY HALL NORTEL 51 - 000 - 62 - 00 - 5436 447 . 71
TELEPHONE
INVOICE TOTAL : 1 , 343 . 13
630Z990924 - 1109 11/ 16 / 09 01 POLICE- MONTHLY CHARGES 01 - 210 - 62 - 00 - 5436 12 / 08 / 09 237 - 79
TELEPHONE
INVOICE TOTAL : 237 - 79
VENDOR TOTAL : 1 , 666 . 21
ATTINTER AT&T INTERNET SERVICES
842804266 - 1109 11 / 09/ 09 01 ADMIN- T . 1 SERVICE 01 - 110 - 62 - 00 - 5436 12 / 08 / 09 459 . 72
TELEPHONE
INVOICE TOTAL : 459 . 72
VENDOR TOTAL : 459 . 72
BANKNY THE BANK OF NEW YORK
111209 - BDIST 11 / 12 / 09 01 FINANCE - BUSINESS DISTRICT TAX 01 - 120 - 78 - 00 - 9004 12 / 08 / 09 19 , 790 . 78
BUSINESS DISTRICT REBATE
02 DISBURSEMENT * * COMMENT * *
INVOICE TOTAL : 19 , 790 . 78
VENDOR TOTAL : 19 , 790 . 78
BATTERYS BATTERY SERVICE CORPORATION
-3 -
DATE : 12 / 01/ 09 UNITED CITY OF YORKVILLE PAGE : 4
TIME : 11 : 12 : 04 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
BATTERYS BATTERY SERVICE CORPORATION
193132 11 / 19 / 09 01 SEWER OP- 500 MA CHARGER 52 - 000 - 65 - 00 - 5805 12 / 08 / 09 14 . 95
SHOP SUPPLIES
INVOICE TOTAL : 14 . 95
VENDOR TOTAL : 14 . 95
BCBS BLUE CROSS BLUE SHIELD
110609 11/ 06/ 09 01 FINANCE -DECEMBER HEALTH 01 - 120 - 50 - 00 - 5203 12 / 08 / 09 92 , 575 . 48
BENEFITS - HEALTH INSURANCE
02 FINANCE - DECEMBER DENTAL 01 - 120 - 50 - 00 - 5205 7 , 107 . 87
BENEFITS - DENTAL/ VISION A
INVOICE TOTAL : 99 , 683 . 35
VENDOR TOTAL : 99 , 683 . 35
BPAMOCO BP AMOCO OIL COMPANY
22155610 11 /24 / 09 01 POLICE - GASOLINE 01 - 210 - 65 - 00 - 5812 12 / 08 / 09 56 . 01
GASOLINE
INVOICE TOTAL : 56 . 01
5902009801 - PW 11/24 / 09 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 12 / 08 / 09 133 . 49
GASOLINE
02 WATER OP- GASOLINE 51 - 000 - 65 - 00 - 5812 133 . 49
GASOLINE
03 SEWER OP- GASOLINE 52 - 000 - 65 - 00 - 5812 133 . 49
GASOLINE
INVOICE TOTAL : 400 . 47
VENDOR TOTAL : 456 . 48
BRENNTAG BRENNTAG MID - SOUTH , INC .
BMS742163 11/ 03 / 09 01 WATER OP- CHEMICALS 51 - 000 - 62 - 00 - 5407 12 / 08 / 09 995 . 70
TREATMENT FACILITIES O&M
INVOICE TOTAL : 995 . 70
_ a_
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 5
TIME : 11 : 12 : 04 DETAIL BOARD REPORT
ID : AP441000 . W0W
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
BRENNTAG BRENNTAG MID- SOUTH , INC .
BMS786138 11 / 04 / 09 01 WATER OP- DRUM RETURN CREDIT 51 - 000 - 62 - 00 - 5407 12 / 08 / 09 - 425 . 00
TREATMENT FACILITIES O&M
INVOICE TOTAL : - 425 . 00
VENDOR TOTAL : 570 . 70
BURDV VALERIE BURD
113009 12 / 01 / 09 01 ADMIN-NOV . PHONE REIMBURSEMENT 01 - 110 - 62 - 00 - 5438 12 / 08 / 09 45 . 00
CELLULAR TELEPHONE
INVOICE TOTAL : 45 . 00
VENDOR TOTAL : 45 . 00
CAMBRIA CAMBRIA SALES COMPANY INC .
28765 11 / 19 / 09 01 SEWER OP- PAPER TOWEL 52 - 000 - 65 - 00 - 5805 12 / 08 / 09 83 . 13
SHOP SUPPLIES
INVOICE TOTAL : 83 . 13
VENDOR TOTAL : 83 . 13
CARGILL CARGILL , INC
2646905 11 / 09/ 09 01 WATER OP- BULK SALT 51 - 000 - 62 - 00 - 5407 00204366 12 / 08 / 09 2 , 703 . 90
TREATMENT FACILITIES O&M
INVOICE TOTAL : 2 , 703 . 90
2647720 11 / 10/ 09 01 WATER OP- SULK SALT 51 - 000 - 62 - 00 - 5407 00204366 12 / 08 / 09 2 , 614 . 48
TREATMENT FACILITIES O&M
INVOICE TOTAL : 2 , 614 . 48
2652803 11 / 17 / 09 01 WATER OP- BULK SALT 51 - 000 - 62 - 00 - 5407 00204366 12 / 08 / 09 2 , 691 . 89
TREATMENT FACILITIES O&M
INVOICE TOTAL : 2 , 691 . 89
VENDOR TOTAL : 8 , 010 . 27
CDWG CDW GOVERNMENT INC .
-5 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 6
TIME : 11 : 12 : 04 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ - - - - -
CDWG CDW GOVERNMENT INC .
QTQ9803 11 / 09/ 09 01 FINANCE - REPLACEMENT AC ADAPTER 01 - 120 - 75 - 00 - 7002 12 / 08 / 09 83 . 65
COMPUTER EQUIP & SOFTWARE
02 FOR LAPTOP * * COMMENT * *
INVOICE TOTAL : 83 . 65
QTW3333 11 / 10/ 09 01 FINANCE-MAINTENANCE KIT FOR 01 - 120 - 75 - 00 - 7002 12 / 08 / 09 283 . 54
COMPUTER EQUIP & SOFTWARE
02 ACCOUNTING PRINTER * * COMMENT * *
INVOICE TOTAL : 283 . 54
VENDOR TOTAL : 367 . 19
COMCAST COMCAST CABLE
102309 - PW 10 / 23 / 09 01 STREETS - NOVEMBER INTERNET 01 - 410 - 65 - 00 - 5804 12 / 08 / 09 59 . 95
OPERATING SUPPLIES
INVOICE TOTAL : 59 . 95
VENDOR TOTAL : 59 . 95
COMDIR COMMUNICATIONS DIRECT INC
SR90069 11 /20 / 09 01 POLICE - INSTALLED CAMERA IN CAR 01 - 210 - 62 - 00 - 5409 12 / 08/ 09 600 . 00
MAINTENANCE - VEHICLES
INVOICE TOTAL : 600 . 00
VENDOR TOTAL : 600 . 00
COMED COMMONWEALTH EDISON
7090039005 - 1109 11106109 01 STREET- LIGHTS 01 - 410 - 62 - 00 - 5435 12 / 08 / 09 1983.
ELECTRICITY
INVOICE TOTAL : 19 . 83
83440 - 10026 - 1109 11 / 19 / 09 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5435 12 / 08 / 09 5 , 298 . 53
ELECTRICITY
INVOICE TOTAL : 5 , 298 . 53
VENDOR TOTAL : 5 , 318 . 36
- 6-
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 7
TIME : 11 : 12 : 04 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
DEPO DEPO COURT REPORTING SVC , INC
14216 11 / 11 / 09 01 POLICE- NOV . 9TH ADMIN MEETING 01 - 210 - 62 - 00 - 5443 12 / 08 / 09 175 . 00
ADMIN ADJUDICATION CONTRAC
INVOICE TOTAL : 175 . 00
14219 11/ 11 / 09 01 ARO - SAC WIRELESS 01 - 000 - 13 - 00 - 1372 12 / 08 / 09 377 . 30
A/R- OTHER
INVOICE TOTAL : 377 . 30
14227 11 / 17 / 09 01 ARO- KENDALL LAND DEVELOPMENT 01 - 000 - 13 - 00 - 1372 12 / 08 / 09 671 . 95
A/R - OTHER
02 REZONING * * COMMENT * *
INVOICE TOTAL : 671 . 95
VENDOR TOTAL : 1 , 224 . 25
DLUGOPOT TIM DLUGOPOLSKI
091509 11/ 02 / 09 01 ADMIN- SEPT . 15TH MEETING 01 - 110 - 62 - 00 - 5401 12 / 08 / 09 60 . 00
CONTRACTUAL SERVICES
02 MINUTES * * COMMENT * *
INVOICE TOTAL : 60 . 00
102009 11/ 14 / 09 01 ADMIN- OCT . 20TH MEETING 01 - 110 - 62 - 00 - 5401 12 / 08 / 09 60 . 00
CONTRACTUAL SERVICES
02 MINUTES * * COMMENT * *
INVOICE TOTAL : 60 . 00
VENDOR TOTAL : 120 . 00
DUTEK DU-TEK , INC .
074704 11/ 12 / 09 01 STREETS -WASH HOSE 01 - 410 - 62 - 00 - 5408 12 / 08 / 09 20 . 00
MAINTENANCE - EQUIPMENT
INVOICE TOTAL : 20 . 00
VENDOR TOTAL : 20 . 00
EASTJRDN EAST JORDAN IRON WORKS INC
- 7-
DATE : 12 / 01/ 09 UNITED CITY OF YORKVILLE PAGE : 8
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 - WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
EASTJRDN EAST JORDAN IRON WORKS INC
3223908 11/ 14 / 09 01 WATER OP- FLAG GASKET UPPER 51 - 000 - 65 - 00 - 5804 12 / 08 / 09 54 . 00
OPERATING SUPPLIES
- 02 RUBBER * * COMMENT * *
INVOICE TOTAL : 54 . 00
VENDOR TOTAL : 54 . 00
EBC EMPLOYEE BENEFITS CORPORATION
364234 11/ 16/ 09 01 POLICE - DECEMBER FEES 01 - 120 - 72 - 00 - 6501 12 / 08 / 09 130 . 00
SOCIAL SECURITY & MEDICARE
INVOICE TOTAL : 130 . 00
VENDOR TOTAL : 130 . 00
EEI ENGINEERING ENTERPRISES , INC .
46932 10 / 26 / 09 01 ADMIN-BRISTOL BAY REGIONAL 01 - 110 - 65 - 00 - 5800 12 / 08 / 09 847 . 00
CONTINGENCIES
02 BASIN MODIFICATION STUDY * * COMMENT * *
INVOICE TOTAL : 847 . 00
IDOT4 10 / 26 / 09 01 MFT- FOX ROAD LAPP PROJECT 15 - 000 - 75 - 00 - 7120 12 / 08 / 09 1 , 696 . 66
FOX ROAD
INVOICE TOTAL : 1 , 696 . 66
VENDOR TOTAL : 2 , 543 . 66
EPICSPOR EPIC SPORTS
649386 10 /23 / 09 01 LAND CASH - PLAYER BENCH , 72 - 000 - 75 - 00 - 7330 00404036 12 / 08 / 09 1 , 693 . 77
WHISPERING MEADOWS ( K . HIL
02 BLEECHERS * * COMMENT * *
INVOICE TOTAL : 1 , 693 . 77
VENDOR TOTAL : 1 , 693 . 77
FLATSOS RAQUEL HERRERA
-R -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 9
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 - WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT
FLATSOS RAQUEL HERRERA
110609 11 / 06/ 09 01 POLICE- TIRE REPAIR 01 - 210 - 62 - 00 - 5409 12 / 08 / 09 10 . 00
MAINTENANCE - VEHICLES
INVOICE TOTAL : 10 . 00
110609A 11 / 06/ 09 01 POLICE -TIRES 01 - 210 - 62 - 00 - 5409 12 / 08 / 09 575 . 00
MAINTENANCE - VEHICLES
INVOICE TOTAL : 575 . 00
111609 11 / 16 / 09 01 POLICE- TIRE REPAIR 01 - 210 - 62 - 00 - 5409 12 / 08 / 09 15 . 00
MAINTENANCE - VEHICLES
INVOICE TOTAL : 15 . 00
VENDOR TOTAL : 600 . 00
FRECOSYS FOX RIVER ECOSYSTEM
09 / 10DUES 11/ 24 / 09 01 ADMIN-ANNUAL DUES 01 - 110 - 64 - 00 - 5600 12 / 08 / 09 100 . 00
DUES
INVOICE TOTAL : 100 . 00
VENDOR TOTAL : 100 . 00
GARDKOCH GARDINER KOCH & WEISBERG
H - 1845C- 68933 11 / 10/ 09 01 ADMIN- LAY- COM MATTERS 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 458 . 00
LITIGATION COUNCIL
INVOICE TOTAL : 458 . 00
H - 1847C - 68932 11/ 10 / 09 01 ADMIN-GENERAL LEGAL MATTERS 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 35 . 04
LITIGATION COUNCIL
INVOICE TOTAL : 35 . 04
H - 1848C - 68256 10 / 09 / 09 01 ADMIN- HAMMAN MATTERS 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 4 , 084 . 00
LITIGATION COUNCIL
INVOICE TOTAL : 4 , 084 . 00
H - 184SC - 68855 11/ 05 / 09 01 ADMIN-HAMMAN MATTERS 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 1 , 285 . 00
LITIGATION COUNCIL
INVOICE TOTAL : 1 , 285 . 00
_9 _
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 10
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
GARDKOCH GARDINER KOCH & WEISBERG
H - 1852C- 68258 10109109 01 ADMIN- OCEAN ATLANTIC MATTERS 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 528 . 06
LITIGATION COUNCIL
INVOICE TOTAL : 528 . 06
H - 1852C- 68857 11 / 05 / 09 01 ADMIN- OCEAN ATLANTIC MATTER 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 116 . 19
LITIGATION COUNCIL
INVOICE TOTAL : 116 . 19
H- 1961C - 68253 10/ 09 / 09 01 ADMIN- EMINENT DOMAIN 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 629 . 00
LITIGATION COUNCIL
INVOICE TOTAL : 629 . 00
H - 1974C - 68465 10 / 10 / 09 01 ADMIN- IEPA LEGAL MATTERS 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 1 , 151 . 50
LITIGATION COUNCIL
INVOICE TOTAL : 1 , 151 . 50
H - 2013C - 68255 10 / 09 / 09 01 ADMIN- HAMMAN FEES MATTER 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 1 , 639 . 56
LITIGATION COUNCIL
INVOICE TOTAL : 1 , 639 . 56
H - 2013C- 68854 11 / 05 / 09 01 ADMIN- HAMMAN FEES MATTER 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 581 . 95
LITIGATION COUNCIL
INVOICE TOTAL : 581 . 95
H- 2303C- 68257 10 / 09/ 09 01 ADMIN- HAMMAN ORDINANCE APPEAL 01 - 110 - 61 - 00 - 5303 12 / 08 / 09 351 . 50
LITIGATION COUNCIL
INVOICE TOTAL : 351 . 50
H- 2303C - 68659 11/ 04 / 09 01 ADMIN- HAMMAN ORDINANCE APPEAL 01 - 110 - 61 - 00 - 5303 12 / 08/ 09 592 . 00
LITIGATION COUNCIL
INVOICE TOTAL : 592 . 00
VENDOR TOTAL : 11 , 451 . 80
GEHRM MEGHAN OSTREKO
- 10 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 11
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
GEHRM MEGHAN OSTREKO
111009 11 / 10 / 09 01 ADMIN-ATTORNEY GENERALS FOIA 01 - 110 - 64 - 00 - 5605 12 / 08 / 09 39 . 43
TRAVEL/MEALS / LODGING
02 SEMINAR MILEAGE , TOLL AND * * COMMENT * *
03 PARKING REIMBURSEMENT * * COMMENT * *
INVOICE TOTAL : 39 . 43
VENDOR TOTAL : 39 . 43
GFOA GOVERNMENT FINANCE OFFICERS
01569345 11 / 18 / 09 01 FINANCE - 2010 GAAFR NEWSLETTER 01 - 120 - 64 - 00 - 5600 12 / 08 / 09 50 . 00
DUES
INVOICE TOTAL : 50 . 00
VENDOR TOTAL : 50 . 00
GJOVIKCH GJOVIK CHEVROLET
CVCS158838 11 / 19/ 09 01 POLICE - INSPECTED FOR COOLANT 01 - 210 - 62 - 00 - 5409 12 / 08 / 09 66 . 00
MAINTENANCE - VEHICLES
02 LEAKS , TOPPED OFF FLUIDS * * COMMENT * *
INVOICE TOTAL : 66 . 00
VENDOR TOTAL : 66 . 00
HACH HACH COMPANY
6497095 11 / 18 / 09 01 WATER OP - CHEMICALS 51 - 000 - 62 - 00 - 5407 12 / 08 / 09 420 . 36
TREATMENT FACILITIES O&M
INVOICE TOTAL : 420 - 36
VENDOR TOTAL : 420 . 36
HARRIS HARRIS
MN00001178 10 /22 / 09 01 FINANCE - 2010 ANNUAL MSI 01 - 120 - 62 - 00 - 5437 12 / 08 / 09 11 , 546 . 34
ACCTG SYSTEM SERVICE FEE
02 MAINTENANCE AGREEMENT * * COMMENT * *
INVOICE TOTAL : 11 , 546 . 34
VENDOR TOTAL : 11 , 546 . 34
- 11 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 12
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
HDSUPPLY HD SUPPLY WATERWORKS , LTD .
9833105 11 / 19 / 09 01 WATER OP- METER SEAL , RUBBER 51 - 000 - 75 - 00 - 7508 12 / 08 / 09 90 . 36
METERS & PARTS
02 WASHER * * COMMENT * *
INVOICE TOTAL : 90 . 36
VENDOR TOTAL : 90 . 36
HENNE VERNE HENNE CONSTR . &
28236 11 / 13 / 09 01 STREETS - REPAIR 4 STREET LIGHTS 01 - 410 - 62 - 00 - 5415 12 / 08 / 09 601 . 78
MAINTENANCE - STREET LIGHTS
02 BULBS , PHOTOCELLS * * COMMENT * *
INVOICE TOTAL : 601 . 78
VENDOR TOTAL : 601 . 78
HOGAN FARM PLAN
03 443094 10 / 30 / 09 01 STREETS - FILTER , FUEL FILTER , 01 - 410 - 62 - 00 - 5408 12 / 08/ 09 54 . 75
MAINTENANCE - EQUIPMENT
02 OIL FILTER , FILTER ELEMENT * * COMMENT * *
INVOICE TOTAL : 54 . 75
0561654 09 / 28 / 09 01 STREETS - HOSE , ADAPTER 01 - 410 - 62 - 00 - 5408 12 / 08 / 09 32 . 48
MAINTENANCE - EQUIPMENT
INVOICE TOTAL : 32 . 48
VENDOR TOTAL : 87 - 23
HOMEDEPO HOME DEPOT
3052709 10 / 29 / 09 01 SEWER OP - GALLON SPRAYER 52 - 000 - 62 - 00 - 5422 12 / 08 / 09 19 . 92
LIFT STATION MAINTENANCE
INVOICE TOTAL : 19 . 92
VENDOR TOTAL : 19 . 92
ICCI INTERNATIONAL CODES
- 12 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 13
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
ICCI INTERNATIONAL CODES
20091108 11 / 09 / 09 01 COMM/DEV- 5 FILING CABINETS 01 - 220 - 75 - 00 - 7003 12 / 08 / 09 125 . 00
OFFICE EQUIPMENT
INVOICE TOTAL : 125 . 00
VENDOR TOTAL : 125 . 00
ILDIVIAI ILLINOIS DIVISION IAI
IODUES - 635 10 / 23 / 09 01 POLICE-ANNUAL MEMBERSHIP DUES 01 - 210 - 64 - 00 - 5600 12 / 08/ 09 20 . 00
DUES
INVOICE TOTAL : 20 . 00
VENDOR TOTAL : 20 . 00
ILMUNLEG ILLINOIS MUNICIPAL LEAGUE
2010DUES 11 / 02 / 09 01 ADMIN- IML ANNUAL DUES 01 - 110 - 64 - 00 - 5600 00102198 12 / 08 / 09 1 , 179 . 00
DUES
INVOICE TOTAL : 1 , 179 . 00
VENDOR TOTAL : 1 , 179 . 00
ILPD4811 ILLINOIS STATE POLICE
112009 - CITY 11 /20 / 09 01 ADMIN- LIQUOR BACKGROUND CHECK 01 - 110 - 65 - 00 - 5804 12 / 08/ 09 34 . 25
OPERATING SUPPLIES
02 POLICE - BACKGROUND CHECK 01 - 210 - 65 - 00 - 5804 34 . 25
OPERATING SUPPLIES
INVOICE TOTAL : 68 . 50
112009 - PD 11 /20 / 09 01 POLICE - BACKGROUND CHECK 01 - 210 - 65 - 00 - 5804 12 / 08 / 09 34 . 25
OPERATING SUPPLIES
INVOICE TOTAL : 34 . 25
VENDOR TOTAL : 102 . 75
ILTRUCK ILLINOIS TRUCK MAINTENANCE , IN
024653 11 / 06 / 09 01 STREETS -TRANSMISSION FLUID 01 - 410 - 62 - 00 - 5409 00204314 12 / 08 / 09 1 , 516 . 00
MAINTENANCE - VEHICLES
- 12-
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 14
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/ BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ILTRUCK ILLINOIS TRUCK MAINTENANCE , IN
024653 11 / 06/ 09 02 LEAK REPAIR , OIL PAN * * COMMENT * * 00204314 12 / 08 / 09
INVOICE TOTAL : 1 , 516 . 00
VENDOR TOTAL : 1 , 516 . 00
ITRON ITRON
118772 11 / 11 / 09 01 WATER OP- HARDWARE MAINTENANCE 51 - 000 - 75 - 00 - 7508 12 / 08 / 09 421 . 81
METERS & PARTS
02 FEE * * COMMENT * *
INVOICE TOTAL : 421 . 81
VENDOR TOTAL : 421 . 81
JEWEL JEWEL
111809 - CITY 11/ 18 / 09 01 COMM/RELATIONS - FLOWERS 01 - 130 - 78 - 00 - 9010 12 / 08 / 09 15 . 00
COMMUNITY EVENTS
02 ADMIN- PAPER TOWELS , KLEENEX 01 - 110 - 65 - 00 - 5804 33 . 98
OPERATING SUPPLIES
INVOICE TOTAL : 48 . 98
VENDOR TOTAL : 48 . 98
JIMSTRCK JAMES GRIBBLE
10020 10 /30 / 09 01 STREETS - TRUCK INSPECTIONS 01 - 410 - 61 - 00 - 5314 12 / 08 / 09 230 . 00
INSPECTIONS & LICENSES
INVOICE TOTAL : 230 . 00
VENDOR TOTAL : 230 . 00
JUSTSAFE JUST SAFETY , LTD
10685 11 / 17 / 09 01 ADMIN - FIRST AID SUPPLIES FOR 2 01 - 110 - 65 - 00 - 5804 12 / 08 / 09 28 . 40
OPERATING SUPPLIES
02 MONTHS * * COMMENT * *
INVOICE TOTAL : 28 . 40
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 15
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 - WOW
INVOICES DUE ON/ BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
JUSTSAFE JUST SAFETY , LTD
10686 11/ 17 / 09 01 SEWER OP- FIRST AID SUPPLIES 52 - 000 - 65 - 00 - 5805 12 / 08 / 09 34 . 00
SHOP SUPPLIES
INVOICE TOTAL : 34 . 00
VENDOR TOTAL : 62 . 40
KCACP KENDALL COUNTY ASSOCIATION
396620 11 / 18 / 09 01 POLICE-NOVEMBER LUNCHEON 01 - 210 - 64 - 00 - 5605 12 / 08 / 09 30 . 00
TRAVEL EXPENSES
02 MEETING * * COMMENT * *
INVOICE TOTAL : 30 . 00
VENDOR TOTAL : 30 . 00
KCRECORD KENDALL COUNTY RECORD
103109 - 68 - PD 10 / 31/ 09 01 POLICE - PATROL OFFICER DISPLAY 01 - 210 - 64 - 00 - 5607 12 / 08/ 09 418 . 20
POLICE COMMISSION
02 ADS * * COMMENT * *
INVOICE TOTAL : 418 . 20
VENDOR TOTAL : 418 . 20
KCSHERIF KENDALL COUNTY SHERIFF ' S OFFIC
08 - 2133 11 / 20 / 09 01 PD CAPITAL- PORTION OF SALE OF 20 - 000 - 65 - 00 - 5840 12 / 08 / 09 15 . 00
SEIZED VEHICLES
02 SEIZED VEHICLE * * COMMENT * *
INVOICE TOTAL : 15 . 00
VENDOR TOTAL : 15 . 00
KCSTATTO KENDALL COUNTY STATES ATTORNEY
08 - 2133 11 /20 / 09 01 PD CAPITAL- PORTION OF SALE OF 20 - 000 - 65 - 00 - 5840 12 / 08 / 09 105 . 00
SEIZED VEHICLES
02 SEIZED VEHICLE * * COMMENT * *
INVOICE TOTAL : 105 . 00
VENDOR TOTAL : 105 . 00
_ 1S_
DATE : 12 / 01/ 09 UNITED CITY OF YORKVILLE PAGE : 16
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/ BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
LIONHRT LION HEART ENGINEERING
2022112 11 / 13 / 09 01 SEWER OP- LOAD BANK TESTING & 52 - 000 - 62 - 00 - 5408 12 / 08/ 09 713 . 00
MAINTENANCE - EQUIPMENT
02 AUTOMATIC TRANSFER SWITCH * * COMMENT * *
03 MAINTENANCE * * COMMENT * *
INVOICE TOTAL : 713 . 00
VENDOR TOTAL : 713 . 00
LOGOMAX LOGOMAX
5458 11 / 13 / 09 01 POLICE- 15 MOCK TURTLE NECKS 01 - 210 - 62 - 00 - 5421 12 / 08 / 09 142 . 50
WEARING APPAREL
INVOICE TOTAL : 142 . 50
VENDOR TOTAL : 142 . 50
MCDOWELL MCDOWELL TRUCK PARTS , INC .
162087 10 / 09/ 09 01 STREETS - SOCKET 01 - 410 - 65 - 00 - 5815 12 / 08 / 09 7 . 49
HAND TOOLS
INVOICE TOTAL : 7 . 49
VENDOR TOTAL : 7 . 49
MENLAND MENARDS - YORKVILLE
53951 11 / 09 / 09 01 STREETS - SILICONE CAULK 01 - 410 - 62 - 00 - 5414 12 / 08 / 09 11 . 68
MAINTENANCE - TRAFFIC SIGNAL
INVOICE TOTAL : 11 . 88
54831 11 / 13 / 09 01 WATER OP -LUBRICANT 51 - 000 - 65 - 00 - 5804 12 / 08 / 09 3 . 03
OPERATING SUPPLIES
INVOICE TOTAL : 3 . 03
56224 11 / 18 / 09 01 POLICE- INSULATED PISTOL NOZZLE 01 - 210 - 65 - 00 - 5804 12 / 08 / 09 27 . 39
OPERATING SUPPLIES
02 23W TWIST CW 4 PACK CFL * * COMMENT * *
INVOICE TOTAL : 27 . 39
- 16 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 17
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
MENLAND MENARDS - YORKVILLE
56383 11 / 19/ 09 01 STREETS - GROUNDED SWITCH 01 - 410 - 65 - 00 - 5804 12 / 08 / 09 0 . 48
OPERATING SUPPLIES
INVOICE TOTAL : 0 . 48
VENDOR TOTAL : 42 . 78
METLIFE METLIFE SMALL BUSINESS CENTER
111709 11 / 17 / 09 01 FINANCE -DECEMBER LIFE INS 01 - 120 - 50 - 00 - 5204 12/ 08 / 09 2 , 412 . 88
BENEFITS - GROUP LIFE INSUR
INVOICE TOTAL : 2 , 412 . 88
VENDOR TOTAL : 2 , 412 . 88
MIDAM MID AMERICAN WATER
58547A 11 / 11 / 09 01 WATER OP -HYDRANT PARTS 51 - 000 - 65 - 00 - 5804 00204368 12 / 08 / 09 11193 . 00
OPERATING SUPPLIES
INVOICE TOTAL : 1 , 193 . 00
92232A 11 /12 / 09 01 WATER OP- TUBE SEAL , THRUST 51 - 000 - 65 - 00 - 5804 00204368 12 / 08 / 09 288 . 00
OPERATING SUPPLIES
02 RING , HYDRANT OIL , DRAIN * * COMMENT * *
03 PLUNGER , CROSS ARM * * COMMENT * *
INVOICE TOTAL : 288 . 00
VENDOR TOTAL : 1 , 481 . 00
MIDAMTEC MID AMERICAN TECHNOLOGY , INC
07757 11116109 01 WATER OP- TRANSMITTER REPAIR , 51 - 000 - 65 - 00 - 5804 12 / 08 / 09 115 . 00
OPERATING SUPPLIES
02 RECEIVER REPAIR , DIRECT * * COMMENT * *
03 CONNECT LEAD REPAIR * * COMMENT * *
INVOICE TOTAL : 115 . 00
VENDOR TOTAL : 115 . 00
MJELECT MJ ELECTRICAL SUPPLY , INC .
- 17-
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 18
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . W0W
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
MJELECT NJ ELECTRICAL SUPPLY , INC -
1112181 - 01 11/ 02 / 09 01 SEWER OP -WIRE EXPRESS SOON 52 - 000 - 62 - 00 - 5408 12 / 08 / 09 60 . 00
MAINTENANCE - EQUIPMENT
02 CORD * * COMMENT * *
INVOICE TOTAL : 60 . 00
1112198 - 01 11 / 06 / 09 01 STREETS - FLUORESCENT LAMP 01 - 410 - 62 - 00 - 5416 12 / 08/ 09 27 . 50
MAINTENANCE PROPERTY
INVOICE TOTAL : 27 . 50
1112232 - 00 11 / 02 / 09 01 STREETS - POWER CELL 01 - 410 - 62 - 00 - 5416 12 / 08 / 09 39 . 00
MAINTENANCE PROPERTY
INVOICE TOTAL : 39 . 00
1112330 - 00 11/ 06 / 09 01 STREETS -TAPE 01 - 410 - 62 - 00 - 5415 12 / 08 / 09 3 . 95
MAINTENANCE - STREET LIGHTS
INVOICE TOTAL : 3 . 95
1112335 - 00 11106109 01 STREETS - BULBS 01 - 410 - 62 - 00 - 5416 12 / 08 / 09 26 . 85
MAINTENANCE PROPERTY
INVOICE TOTAL : 26 . 85
1112335 - 01 11 / 13 / 09 01 STREETS - BULBS 01 - 410 - 62 - 00 - 5416 12 / 08 / 09 80 . 55
MAINTENANCE PROPERTY
INVOICE TOTAL : 80 . 55
1112536 - 00 11 / 16 / 09 01 STREETS - TAPE 01 - 410 - 62 - 00 - 5415 12 / 08 / 09 35 . 80
MAINTENANCE - STREET LIGHTS
INVOICE TOTAL : 35 . 80
1112537 - 00 11116109 01 STREETS - STREET LIGHT 01 - 410 - 62 - 00 - 5415 12 / 08 / 09 153 . 45
MAINTENANCE - STREET LIGHTS
02 PHOTOCELL * * COMMENT * *
INVOICE TOTAL : 153 . 45
1112537 - 01 11 / 20 / 09 01 STREETS - PHOTO CONTROL 01 - 410 - 62 - 00 - 5415 12 / 08 / 09 13 . 95
MAINTENANCE- STREET LIGHTS
INVOICE TOTAL : 13 . 95
- 18 -
DATE : 12/ 01 / 09 UNITED CITY OF YORKVILLE PAGE : 19
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
MJELECT MJ ELECTRICAL SUPPLY , INC .
1112562 - 00 11 / 18 / 09 01 STREETS - MIDGET FUSE 01 - 410 - 62 - 00 - 5415 12 / 08 / 09 29 . 50
MAINTENANCE - STREET LIGHTS
INVOICE TOTAL : 29 . 50
VENDOR TOTAL : 470 . 55
MOONBEAM DIANE GIANNELLI OAKLEY
95 10 / 27 / 09 01 COMM/ RELATIONS -VIDEO TAPING 01 - 130 - 62 - 00 - 5401 12 / 08 / 09 100 . 00
CONTRACTUAL SERVICES
INVOICE TOTAL : 100 . 00
96 11 /10 / 09 01 COMM/RELATIONS -VIDEO TAPING 01 - 130 - 62 - 00 - 5401 12 / 08 / 09 100 . 00
CONTRACTUAL SERVICES
INVOICE TOTAL : 100 . 00
VENDOR TOTAL : 200 . 00
NEMRT NORTH EAST MULTI - REGIONAL
127111 11 / 19 / 09 01 POLICE - 40 HOUR FIELD TRAINING 01 - 210 - 64 - 00 - 5604 12 / 08 / 09 230 . 00
TRAINING & CONFERENCE
02 FOR 1 PERSON * * COMMENT * *
INVOICE TOTAL : 230 . 00
VENDOR TOTAL : 230 . 00
NEXTEL NEXTEL COMMUNICATIONS
837900513 - 093CITY 11/25 / 09 01 ADMIN-MONTHLY CHARGES 01 - 110 - 62 - 00 - 5438 12 / 08 / 09 84 - 27
CELLULAR TELEPHONE
02 COMM/DEV- MONTHLY CHARGES 01 - 220 - 62 - 00 - 5438 124 . 26
CELLULAR TELEPHONE
03 COMM/RELATIONS -MONTHLY CHARGES 01 - 130 - 62 - 00 - 5438 42 . 13
CELLULAR TELEPHONE
04 ENG- MONTHLY CHARGES 01 - 150 - 62 - 00 - 5438 210 . 67
CELLULAR TELEPHONE
_ 7q_
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 20
TIME : 11 : 12 : 05 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009 _
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
NEXTEL NEXTEL COMMUNICATIONS
837900513 - 093CITY 11 /25 / 09 05 FINANCE - MONTHLY CHARGES 01 - 120 - 62 - 00 - 5438 12 / 08 / 09 84 - 27
CELLULAR TELEPHONE
06 POLICE - MONTHLY CHARGES 01 - 210 - 62 - 00 - 5438 1 , 477 . 54
CELLULAR TELEPHONE
07 POLICE- BUYBACK CREDIT 01 - 210 - 62 - 00 - 5438 - 14 . 00
CELLULAR TELEPHONE
08 SEWER OP-MONTHLY CHARGES 52 - 000 - 62 - 00 - 5438 126 . 40
CELLULAR TELEPHONE
09 STREETS -MONTHLY CHARGES 01 - 410 - 62 - 00 - 5438 210 . 67
CELLULAR TELEPHONE
10 WATER OP -MONTHLY CHARGES 51 - 000 - 62 - 00 - 5438 210 . 67
CELLULAR TELEPHONE
11 WATER OP- 411 CREDIT 51 - 000 - 62 - 00 - 5438 - 1 . 79
CELLULAR TELEPHONE
12 WATER OP-BELT CLIP 51 - 000 - 62 - 00 - 5438 13 . 98
CELLULAR TELEPHONE
INVOICE TOTAL : 2 , 569 . 07
VENDOR TOTAL : 2 , 569 . 07
NICOR NICOR GAS
20 - 52 - 56 - 2042 1 - 1109 11/ 06 / 09 01 ADMIN- 420 FAIRHAVEN DR 01 - 110 - 78 - 00 - 9002 12 / 08 / 09 78 . 32
NICOR GAS
INVOICE TOTAL : 78 . 32
61 - 60 - 41 - 1000 9 - 1109 11 / 10/ 09 01 ADMIN- 610 TOWER LANE 01 - 110 - 78 - 00 - 9002 12 / 08 / 09 305 . 37
NICOR GAS
INVOICE TOTAL : 305 . 37
66 - 70 - 44 - 6942 9 - 1109 11 / 06 / 09 01 ADMIN- 100 RAINTREE RD 01 - 110 - 78 - 00 - 9002 12 / 08/ 09 85 . 75
NICOR GAS
INVOICE TOTAL : 85 . 75
95 - 16 - 10 - 1000 4 - 1109 11110109 01 ADMIN- 1 RT 47 01 - 110 - 78 - 00 - 9002 12 / 08 / 09 292 . 33
NICOR GAS
INVOICE TOTAL : 292 . 33
VENDOR TOTAL : 761 . 77
- 9n -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 21
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
OFFWORK OFFICE WORKS
164930 11/ 05 / 09 01 ADMIN- COPY PAPER 01 - 110 - 65 - 00 - 5802 00102199 12 / 08 / 09 1 , 150 . 00
OFFICE SUPPLIES
INVOICE TOTAL : 1 , 150 . 00
165475 11 / 17 / 09 01 COMM/DEV- PAPERCLIPS 01 - 220 - 65 - 00 - 5804 12 / 08 / 09 2 . 29
OPERATING SUPPLIES
02 ENG- INK CARTRIDGE , PAPER CLIPS 01 - 150 - 65 - 00 - 5802 34 . 29
OFFICE SUPPLIES
INVOICE TOTAL : 36 . 58
VENDOR TOTAL : 1 , 186 . 58
OMALLEY O ' MALLEY WELDING s FABRICATING
13463 11 / 03 / 09 01 STREETS - PIPE 01 - 410 - 65 - 00 - 5804 12 / 08 / 09 159 . 50
OPERATING SUPPLIES
INVOICE TOTAL : 159 . 50
VENDOR TOTAL : 159 . 50
ORRK KATHLEEN FIELD ORR & ASSOC .
13004 11 / 04 / 09 01 ADMIN- GENERAL MATTERS , GRANDE 01 - 110 - 61 - 00 - 5302 12 / 08 / 09 9 , 035 . 50
CORPORATE COUNCIL
02 RESERVE , KENDALL MARKET * * COMMENT * *
03 PLACE , LAY CON , MEETINGS , * * COMMENT * *
04 OCEAN ATLANTIC , OCHOA * * COMMENT * *
05 DEVELOPMENT , RAINTREE , * * COMMENT * *
06 WINDETTE RIDGE * * COMMENT * *
07 ARO- KENDALLWOOD ESTATES 01 - 000 - 13 - 00 - 1372 323 . 75
A/R- OTHER
INVOICE TOTAL : 9 , 359 . 25
VENDOR TOTAL : 9 , 359 . 25
PITBOW PITNEY BOWES
1970458 - OT09 11/ 13 / 09 01 ADMIN- OCT . - JAN . LEASE 01 - 110 - 65 - 00 - 5808 12 / 08 / 09 700 . 00
POSTAGE & SHIPPING
_ 2� _
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 22
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT
PITBOW PITNEY BOWES
1970458 - OT09 11 / 13 / 09 02 AGREEMENT * * COMMENT * * 12 / 08 / 09
INVOICE TOTAL : 700 . 00
VENDOR TOTAL : 700 . 00
QUILL QUILL CORPORATION
1433193 11106109 01 COMM/DEV- NAME BADGES , 01 - 130 - 78 - 00 - 9013 12 / 08 / 09 92 . 68
HOLIDAY UNDER THE STARS
02 LAMINATING POUCHES * * COMMENT * *
INVOICE TOTAL : 92 . 68
1449807 11 / 09/ 09 01 POLICE - PAPER 01 - 210 - 65 - 00 - 5802 12 / 08 / 09 66 . 16
OFFICE SUPPLIES
INVOICE TOTAL : 66 . 16
VENDOR TOTAL : 158 . 84
R0000734 DOLPH YOUNG
111309 11/ 13 / 09 01 ADMIN- REFUND OF UNUSED 01 - 000 - 21 - 00 - 2115 12 / 08 / 09 10 , 000 . 00
SECURITY GUARANTEE PAYABLE
02 SECURITY GUARANTEE * * COMMENT * *
INVOICE TOTAL : 10 , 000 . 00
VENDOR TOTAL : 10 , 000 . 00
R0000736 JIM HALL
111809 11/ 18 / 09 01 STREETS - SIDEWALK REPLACEMENT 01 - 410 - 75 - 00 - 7103 12 / 08/ 09 48 . 00
SIDEWALK CONSTRUCTION
02 REIMBURSEMENT PROGRAM * * COMMENT * *
INVOICE TOTAL : 48 . 00
VENDOR TOTAL : 48 . 00
REESE REESE RECREATION PRODUCTS INC
9534 11/ 05 / 09 01 LAND CASH -WHEATON SHELTER 72 - 000 - 75 - 00 - 7336 00404032 12 / 08 / 09 10 , 385 . 00
WHEATON WOODS NATURE TEL
INVOICE TOTAL : 10 , 385 . 00
VENDOR TOTAL : 10 , 385 . 00
- 99 -
DATE : 12 / 01/ 09 UNITED CITY OF YORKVILLE PAGE : 23
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
RIVRVIEW RIVERVIEW FORD
055183 10 / 19/ 09 01 STREETS - LAMP , SOCKET 01 - 410 - 62 - 00 - 5409 12 / 08 / 09 38 . 66
MAINTENANCE - VEHICLES
INVOICE TOTAL : 38 . 66
VENDOR TOTAL : 38 . 66
RUSH RUSH- COPLEY MEDICAL CENTER
111609 11116109 01 ADMIN- REFUND OF UNUSED 01 - 000 - 21 - 00 - 2115 12 / 08 / 09 6 , 750 . 00
SECURITY GUARANTEE PAYABLE
02 SECURITY GUARANTEE FOR * * COMMENT * *
03 DIALYSIS CENTER * * COMMENT * *
INVOICE TOTAL : 6 , 750 . 00
VENDOR TOTAL : 6 , 750 . 00
RUSITYORK RUSH- COPLEY HEALTHCARE
1388 - CITY 11 / 06/ 09 01 ADMIN- 2 EMPLOYEE FLU SHOTS 01 - 110 - 78 - 00 - 9004 12 / 08 / 09 36 . 00
MISCELLANEOUS
INVOICE TOTAL : 36 . 00
VENDOR TOTAL : 36 . 00
SERVMASC SERVICEMASTER COMM . CLEANING
144585 10/ 18 / 09 01 ADMIN- CITY OFFICE CARPET O1 - 110 - 62 - 00 - 5406 00102201 12 / 08 / 09 1 , 095 . 00
OFFICE CLEANING
02 CLEANING * * COMMENT * *
INVOICE TOTAL : 1 , 095 . 00
144925 11 / 15 / 09 01 ADMIN- MONTHLY CITY OFFICE 01 - 110 - 62 - 00 - 5406 12 / 08 / 09 625 . 00
OFFICE CLEANING
02 CLEANING * * COMMENT * *
INVOICE TOTAL : 625 . 00
VENDOR TOTAL : 1 , 720 . 00
SEYFARTH SEYFARTH SHAW LLP
- 23 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 24
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
SEYFARTH SEYFARTH SHAW LLP
1657182 11 / 16/ 09 01 POLICE-LEGAL MATTERS 01 - 210 - 64 - 00 - 5607 12 / 08 / 09 1 , 108 . 75
POLICE COMMISSION
INVOICE TOTAL : 1 , 108 . 75
1657182 - CITY 11 / 13 / 09 01 ADMIN- GENERAL LABOR LEGAL 01 - 110 - 61 - 00 - 5300 12 / 08 / 09 1 , 662 . 50
LEGAL SERVICES
02 MATTERS * * COMMENT * *
INVOICE TOTAL : 1 , 662 . 50
VENDOR TOTAL : 2 , 771 . 25
SHELL SHELL OIL CO .
065159923911 11/ 03 / 09 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 00204316 12 / 08 / 09 516 . 39
GASOLINE
02 WATER OP - GASOLINE 51 - 000 - 65 - 00 - 5812 516 . 40
GASOLINE
03 SEWER OP- GASOLINE 52 - 000 - 65 - 00 - 5812 516 . 40
GASOLINE
INVOICE TOTAL : 1 , 549 . 19
065252843911 11 / 03 / 09 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 00204315 12 / 08 / 09 297 . 69
GASOLINE
02 WATER OP - GASOLINE 51 - 000 - 65 - 00 - 5812 297 . 69
GASOLINE
03 SEWER OP- GASOLINE 52 - 000 - 65 - 00 - 5812 297 . 69
GASOLINE
INVOICE TOTAL : 893 . 07
065356230911 11 / 10 / 09 01 POLICE- GASOLINE 01 - 210 - 65 - 00 - 5812 12 / 08 / 09 51619 . 05
GASOLINE
INVOICE TOTAL : 5 , 619 . 05
VENDOR TOTAL : 8 , 061 . 31
SHREDIT SHRED- IT
- 24 -
DATE : 12 / 01/ 09 UNITED CITY OF YORKVILLE PAGE : 25
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
SHREDIT SHRED- IT
21314168 11 / 17 / 09 01 ADMIN- SHREDDING CHARGES 01 - 110 - 62 - 00 - 5401 12 / 08 / 09 136 . 00
CONTRACTUAL SERVICES
INVOICE TOTAL : 136 . 00
VENDOR TOTAL : 136 . 00
SPORTCO SPORTCO VIP
69670 11 / 06 / 09 01 POLICE- 15 TURTLENECKS 01 - 210 - 62 - 00 - 5421 12 / 08 / 09 212 . 47
WEARING APPAREL
INVOICE TOTAL : 212 . 47
VENDOR TOTAL : 212 . 47
STANDS STANDARD EQUIPMENT CO
C51651 11/ 13 / 09 01 STREETS - SAFETY SWITCH 01 - 410 - 62 - 00 - 5408 12 / 08 / 09 64 . 82
MAINTENANCE - EQUIPMENT
INVOICE TOTAL : 64 . 82
VENDOR TOTAL : 64 . 82
STERLING STERLING CODIFIERS , INC .
9526 09/ 30 / 09 01 ADMIN- CODIFICATION 01 - 110 - 61 - 00 - 5311 00102200 12 / 08 / 09 1 , 599 . 00
CODIFICATION
INVOICE TOTAL : 1 , 599 . 00
VENDOR TOTAL : 1 , 599 . 00
SUPERIOR SUPERIOR ASPHALT MATERIALS LLC
20092051 11110109 01 MFT- COLD PATCH 15 - 000 - 75 - 00 - 7110 00204318 12 / 08 / 09 1 , 357 . 86
COLD PATCH
INVOICE TOTAL : 1 , 357 . 86
VENDOR TOTAL : 1 , 357 . 86
TARGET TARGET BANK
-25-
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 26
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/ BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TARGET TARGET BANK
111809 - CITY 11 / 18 / 09 01 ADMIN - COFFEE 01 - 110 - 65 - 00 - 5804 12 / 08 / 09 14 . 00
OPERATING SUPPLIES
INVOICE TOTAL : 14 . 00
VENDOR TOTAL : 14 . 00
TRAFFIC TRAFFIC CONTROL CORPORATION
0000040047 11/ 10 / 09 01 STREETS - RELAY PINS , RELAY BASE 01 - 410 - 62 - 00 - 5414 00204182 12 / 08 / 09 2 , 978 . 00
MAINTENANCE - TRAFFIC SIGNAL
02 LOAD SWITCH , RELAY FLASHER , * * COMMENT * *
03 BATTERY CABLE , LED BLUE LIGHT , * * COMMENT * *
04 TURN ON ASSISTANCE , RAILROAD * * COMMENT * *
05 PANEL , BYPASS TO UPS CABLE , * * COMMENT * *
06 UPS TO BATTERY CABLE , CHASE * * COMMENT * *
07 NIPPLE * * COMMENT * *
INVOICE TOTAL : 2 , 978 . 00
0000040207 11/ 17 / 09 01 STREETS -ADAPTER , ADAPTER RING , 01 - 410 - 62 - 00 - 5414 12 / 08 / 09 367 . 00
MAINTENANCE - TRAFFIC SIGNAL
02 GREEN TINTED LED LIGHT * * COMMENT * *
INVOICE TOTAL : 367 . 00
VENDOR TOTAL : 3 , 345 . 00
TURFY TUFFY AUTO SERVICE CENTER
13870 11 / 13 / 09 01 ENG- OIL CHANGE 01 - 150 - 62 - 00 - 5409 12 / 08 / 09 25 . 95
MAINTENANCE - VEHICLES
INVOICE TOTAL : 25 . 95
13926 11 / 17 / 09 01 POLICE- OIL CHANGE 01 - 210 - 62 - 00 - 5409 12 / 08 / 09 29 . 95
MAINTENANCE - VEHICLES
INVOICE TOTAL : 29 . 95
14017 11/21/ 09 01 POLICE - BRAKES , PADS , ROTORS 01 - 210 - 62 - 00 - 5409 12 / 08 / 09 701 . 03
MAINTENANCE - VEHICLES
INVOICE TOTAL : 701 - 03
VENDOR TOTAL : 756 . 93
- 26 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 27
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 /2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
UPS UNITED PARCEL SERVICE
00004296X2459 11 / 07 / 09 01 ADMIN- 2 PKGS TO KFO 01 - 110 - 65 - 00 - 5808 12 / 08 / 09 80 . 45
POSTAGE & SHIPPING
02 POLICE - 1 PEG . TO SEPHENSON 01 - 210 - 65 - 00 - 5808 6 . 55
POSTAGE & SHIPPING
03 CO . SHERRIFF * * COMMENT * *
04 WATER OP- 1 PKG . TO AFRO LAB , 1 51 - 000 - 65 - 00 - 5808 70 . 39
POSTAGE & SHIPPING
05 PKG . TO ILEPA * * COMMENT * *
INVOICE TOTAL : 157 . 39
00004296X2469 11/ 14 / 09 01 FINANCE- 1 PAKG TO KFO 01 - 120 - 65 - 00 - 5808 12 / 08 / 09 32 . 86
POSTAGE & SHIPPING
02 COMM/DEV- 1 PKG TO IDCEO FOR 01 - 220 - 78 - 00 - 9014 42 . 93
GREEN COMMITTEE
03 GREEN COMMITEE * * COMMENT * *
INVOICE TOTAL : 75 . 79
00004296X2479 11/21 / 09 01 ADMIN- I PKG . TO KFO 01 - 110 - 65 - 00 - 5808 12 / 08 / 09 51 . 30
POSTAGE & SHIPPING
02 POLICE - 1 PKG . TO STANDARD & 01 - 210 - 65 - 00 - 5808 63 . 28
POSTAGE & SHIPPING
03 ASSOCIATE , 1 PEG . TO MAGLITE * * COMMENT * *
04 CORP . * * COMMENT xx
05 COMM/DEV-NEX DAY AIR CHARGE ON 01 - 220 -.78 - 00 - 9014 10 . 00
GREEN COMMITTEE
06 PKG . TO IDCEO * * COMMENT * *
INVOICE TOTAL : 124 . 58
VENDOR TOTAL : 357 . 76
VSP VISION SERVICE PLAN
111709 11/ 17 / 09 01 FINANCE -DECEMBER VISION INS . 01 - 120 - 50 - 00 - 5205 12 / 08 / 09 1 , 117 . 30
BENEFITS - DENTAL/ VISION A
INVOICE TOTAL : 1 , 117 . 30
VENDOR TOTAL : 1 , 117 . 30
-27-
DATE : 12 / 01/ 09 UNITED CITY OF YORKVILLE PAGE : 28
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
WARREN WARREN GARAGE DOOR
091124 11 /24 / 09 01 STREETS -ADD TENSION TO DOOR 01 - 410 - 65 - 00 - 5804 12 / 08 / 09 65 . 00
OPERATING SUPPLIES
INVOICE TOTAL : 65 . 00
VENDOR TOTAL : 65 . 00
WATERSYS WATER SOLUTIONS UNLIMITED , INC
27502 11116109 01 WATER OP- PHOSPHATE 51 - 000 - 62 - 00 - 5407 00204369 12 / 08 / 09 1 , 005 . 00
TREATMENT FACILITIES O&M
INVOICE TOTAL : 1 , 005 . 00
VENDOR TOTAL : 1 , 005 . 00
WTRPRD WATER PRODUCTS , INC .
0218053 11 / 13 / 09 01 WATER OP - 200 WM ITRON END 51 - 000 - 75 - 00 - 7508 00204365 12 / 08 / 09 3 , 480 . 00
METERS & PARTS
02 POINT * * COMMENT * *
INVOICE TOTAL : 3 , 480 . 00
VENDOR TOTAL : 3 , 480 . 00
YBSD YORKVILLE BRISTOL
0551 - 007468629 10/31 / 09 01 WATER OP- OCT . BIOSOLIDS 51 - 000 - 62 - 00 - 5407 00204317 12 / 08 / 09 5 , 192 . 58
TREATMENT FACILITIES O&M
02 TRANSPORTS * * COMMENT * *
INVOICE TOTAL : 5 , 192 . 58
11172009 11 / 17 / 09 01 HEALTH & SANITATION-OCTOBER 95 - 000 - 78 - 00 - 9008 12 / 08 / 09 297 , 477 . 26
YBSD PAYMENTS
02 SANITARY FEES * * COMMENT * *
INVOICE TOTAL : 297 , 477 . 26
VENDOR TOTAL : 302 , 669 . 84
YORKACE YORKVILLE ACE & RADIO SHACK
- 28 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 29
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
YORKACE YORKVILLE ACE & RADIO SHACK
128968 11 / 04 / 09 01 STREETS - RAKES 01 - 410 - 65 - 00 - 5804 12 / 08 / 09 50 . 97
OPERATING SUPPLIES
INVOICE TOTAL : 50 . 97
VENDOR TOTAL : 50 . 97
YORKAREA YORKVILLE AREA CHAMBER OF
25115 11 / 18 / 09 01 ADMIN-NOV . TOM CROSS LUNCHEON 01 - 110 - 64 - 00 - 5605 12 / 08 / 09 25 . 00
TRAVEL/MEALS/LODGING
INVOICE TOTAL : 25 . 00
VENDOR TOTAL : 25 . 00
YORKNAPA YORKVILLE NAPA AUTO PARTS
894464 10 / 02 / 09 01 STRETS - OIL FILTERS , FUEL 01 - 410 - 62 - 00 - 5409 12/ 08 / 09 337 . 19
MAINTENANCE- VEHICLES
02 FILTERS , AIR FILTERS , HAND * * COMMENT * *
03 CLEANER , SCREWS * * COMMENT * *
INVOICE TOTAL : 337 . 19
894512 10 / 02 / 09 01 STREETS - FUEL FILTERS , OIL 01 - 410 - 62 - 00 - 5409 12 / 08 / 09 345 . 61
MAINTENANCE -VEHICLES
02 FILTER * * COMMENT * *
INVOICE TOTAL : 345 . 61
894532 10 / 02 / 09 01 STREETS - RETURNED FILTERS 01 - 410 - 62 - 00 - 5409 12 / 08/ 09 - 500 . 34
MAINTENANCE-VEHICLES
INVOICE TOTAL : - 500 . 34
894694 10 / 05/ 09 01 STREETS - TERMINAL RINGS 01 - 410 - 62 - 00 - 5408 12 / 08 / 09 21 . 50
MAINTENANCE- EQUIPMENT
INVOICE TOTAL : 21 . 50
895060 10 / 07 / 09 01 STREETS - OIL , WET GRAPHITE LUBE 01 - 410 - 62 - 00 - 5408 12 / 08 / 09 43 . 22
MAINTENANCE - EQUIPMENT
_ pg _
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 30
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 - WOW
INVOICES DUE ON/ BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
YORKNAPA YORKVILLE NAPA AUTO PARTS
895060 10 / 07 / 09 02 WASHER SOLVENT * * COMMENT * * 12 / 08 / 09
INVOICE TOTAL : 43 - 22
895331 10 / 09 / 09 01 STREETS - RETURNED INSERT 01 - 410 - 62 - 00 - 5409 12 / 08 / 09 - 29 . 99
MAINTENANCE - VEHICLES
INVOICE TOTAL : - 29 . 99
896979 10 /23 / 09 01 STREETS - BULB 01 - 410 - 62 - 00 - 5409 12 / 08 / 09 12 . 36
MAINTENANCE - VEHICLES
INVOICE TOTAL : 12 . 36
VENDOR TOTAL : 229 . 55
YORKPDPC YORKVILLE POLICE DEPT .
110409 11 / 04 / 09 01 ADMIN- LIQUOR LICENSE 01 - 110 - 62 - 00 - 5401 12 / 08 / 09 39 . 25
CONTRACTUAL SERVICES
02 BACKGROUND CHECK * * COMMENT * *
INVOICE TOTAL : 39 . 25
112309 11 /23 / 09 01 PD CAPITAL- SEIZED VEHICLE 20 - 000 - 65 - 00 - 5840 12 / 08 / 09 65 . 00
SEIZED VEHICLES
02 TITLE REQUEST * * COMMENT * *
INVOICE TOTAL : 65 . 00
VENDOR TOTAL : 104 . 25
YORKPOST YORKVILLE POSTMASTER
112309 11 /23 / 09 01 WATER OP - PENALTY BILL POSTAGE 51 - 000 - 65 - 00 - 5808 12 / 08 / 09 500 . 00
POSTAGE & SHIPPING
INVOICE TOTAL : 500 . 00
VENDOR TOTAL : 500 . 00
YORKPR YORKVILLE PARK & RECREATION
123109 -TRANSFER 11 / 23 / 09 01 FINANCE -DECEMBER TRANSFER 01 - 120 - 99 - 00 - 9940 12 / 08 / 09 81 , 625 . 00
TRANSFER TO PARK & RECREAT
INVOICE TOTAL : 81 , 625 . 00
VENDOR TOTAL : 61 , 625 . 00
- 30 -
DATE : 12 / 01 / 09 UNITED CITY OF YORKVILLE PAGE : 31
TIME : 11 : 12 : 06 DETAIL BOARD REPORT
ID : AP441000 . WOW
INVOICES DUE ON/BEFORE 12 / 08 / 2009
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
YORKSELF YORKVILLE SELF STORAGE , INC
112309 - 45 11 / 23 / 09 01 POLICE - STORAGE 01 - 210 - 65 - 00 - 5804 12 / 08 / 09 75 . 00
OPERATING SUPPLIES
INVOICE TOTAL : 75 . 00
VENDOR TOTAL : 75 . 00
YOUNGM MARLYS J . YOUNG
110309 11 /24 / 09 01 ADMIN- 11/ 03 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 12 / 08 / 09 72 . 50
CONTRACTUAL SERVICES
INVOICE TOTAL : 72 . 50
110409 11 / 22 / 09 01 ADMIN- 11 / 04 / 09 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 12 / 08 / 09 60 . 00
CONTRACTUAL SERVICES
INVOICE TOTAL : 60 . 00
110709 11 / 18 / 09 01 ADMIN- 11 / 07 / 09 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 12 / 08 / 09 221 . 00
CONTRACTUAL SERVICES
INVOICE TOTAL : 221 . 00
VENDOR TOTAL : 353 . 50
TOTAL ALL INVOICES : 634 , 231 . 96
_ 37 _
UNITED CITY OF YORVILLE
PAYROLL SUMMARY
11 /2112009
REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS
ADMINISTRATION 61083.20 0.00 61083.20 504.91 408.27 6,996.38
FINANCE 9,007.74 0.00 91007.74 747.64 669.67 10,425.05
COMMUNITY REL. 21500.00 0.00 21500.00 207.50 147.37 21854.87
ENGINEERING 12$ 39.09 0.00 123539.09 17040.74 920.45 14,500.28
POLICE 94,007.46 61809.26 100,816.72 680.73 71158.75 108,656.20
COMMUNITY DEV. 121799.53 0.00 122799.53 999.28 936.31 14,735. 12
STREETS 117769. 10 0.00 113769. 10 976.84 876.78 131622.72
WATER 133386.45 60.41 13,446.86 11116. 10 995.01 15,557.97
SEWER 91072.66 0.00 9,072.66 753.02 659.46 10,485. 14
PARKS 15, 124.97 0.00 15, 124.97 11255.36 1 , 125.39 17,505.72
RECREATION 15,683.31 0.00 155683.31 1 ,261 .04 11174.59 18, 118.94
REC. CENTER 71705.24 0.00 71705.24 370.64 583.83 81659.71
LIBRARY 18 ,338.79 0.00 18,338.79 1 716.46 1 ,380.90 20,436. 15
TOTALS 228,017.54 61869.67 234,887.21 10,630.26 17,036.78 262,554.25
TOTAL PAYROLL 11 /21 /2009 2625554. 25
TOTAL INVOICES 12/8/2009 6341231 . 96
TOTAL DISBURSEMENTS 896,786.21
`,(pD Ct T` Reviewed By: Agenda Item Number
J= I Legal
Finance El EST. 1836 Engineer El�nr Tracking Number
City Administrator ■
Consultant 0
<LE
Agenda Item Summary Memo
Title: Resolution Adopting Grievance Procedure Under the Americans with Disabilities Act
Meeting and Date: City Council 12/8/09
Synopsis: State statute requires government entities with 50 or more employees to adopt &
publish procedures for resolving grievances arising under Title II of the Americans
with Disabilities Act and to designate an ADA Coordinator to manage compliance
and investigate complaints.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Meghan Ostreko Administration
Name Department
Agenda Item Notes:
Illinois Municipal League-Legal -New ADA Publication Requirements Pagel of 2
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http://www.iml.org/page.cfin?key=3310 12/2/2009
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2009-
RESOLUTION ADOPTING A
GRIEVANCE PROCEDURE UNDER
THE AMERICANS WITH DISABILITIES ACT
WHEREAS, the United City of Yorkville is subject to the laws set forth by the State of
Illinois Compiled Statutes, and
WHEREAS, Section 65 ILCS 511 - 1 -11 of the Illinois Compiled Statutes requires that
municipalities adopt and publish procedures for resolving grievances arising under Title II of the
Americans with Disabilities Act; and
WHEREAS, it has been determined it is in the best interests of the United City of Yorkville
to approve a Grievance Procedure under the Americans with Disabilities Act in the form attached
hereto in Exhibit "A".
NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Grievance Procedure in the form set
forth on Exhibit "A" attached hereto and incorporated herein is hereby adopted as the Grievance
Procedure under the Americans with Disabilities Act of the City.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of A.D. 2009.
CITY CLERK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of A.D. 2009.
MAYOR
�0�0 cipy Exhibit "A"
J? O
EST. �. 1836 United City of Yorkville
Grievance Procedure under
<<E ;,��� the Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint
alleging discrimination on the basis of disability in the provision of services, activities, programs,
or benefits by the United City of Yorkville. The City's Personnel Policy governs employment-
related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination
such as name, address, phone number of complainant and location, date, and description of the
problem. Alternative means of filing complaints, such as personal interviews or a tape recording
of the complaint will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible
but no later than 60 calendar days after the alleged violation to :
ADA Coordinator
800 Game Farm Road
Yorkville, IL 60560
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee
will meet with the complainant to discuss the complaint and the possible resolutions. Within 15
calendar days of the meeting, the ADA Coordinator or his/her designee will respond in writing,
and where appropriate, in a format accessible to the complainant, such as large print, Braille, or
audio tape. The response will explain the position of the United City of Yorkville and offer
options for substantive resolution of the complaint.
If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the
issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days
after receipt of the response to the City Administrator or his/her designee.
Within 15 calendar days after receipt of the appeal, the City Administrator or his/her designee
will meet with the complainant to discuss the complaint and possible resolutions. Within 15
calendar days after the meeting, the City Administrator or his/her designee will respond in
writing, and, where appropriate, in a format accessible to the complainant, with a final resolution
of the complaint.
All written complaints received by the ADA Coordinator or his/her designee, appeals to the City
Administrator or his/her designee, and responses from these two offices will be retained by the
United City of Yorkville for at least three years.
C/ry Reviewed By: Agenda Item Number
2 O g �p
J -n Le al ❑
Finance 9
EST � � 7836
Engineer ❑ Tracking Number
L n y City Administrator FKI
Consultant ❑
<LE
Agenda Item Summary Memo
Title: Tax Levy Update
Meeting and Date: City Council 12/8/09
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
See attached memo.
,<�D CIT
` y
I1 a Memorandum
0. To: City Council
EST. _ teas From: Susan Mika, Finance Director
04 CC: Mayor Burd; Bart Olson City Administrator
0 �, ' 1 Date: December 3 , 2009
<L ,
Rcw � Subject: Tax Levy
Per state statute, the City Council is required to approve a tax levy ordinance by the last Tuesday in
December (29"i). The City Counci I did approve the estimate for the next year's total property tax levy at the
November 10°i City Council meeting and they held a public hearing at the November 24°' City Council meeting.
Attached is a spreadsheet that shows the levy rates as well as the total dollars requested. The library rate
included within the spreadsheet represents the intended rate by the library board. It was discussed at the Library
Board meeting, and reported to City Council under the Liaison Report, that the Library Board had voted to keep the
tax levy rate at the same level as last year ($0. 1111 per $ 100 EAV). Accidentally, the Library Board communicated
in their meeting that the prior year's rate was $0. 1292, and so the rate forwarded to me by the Library Board was a
request for $0. 1292. Since that rate was unintentional, they are placing the tax levy rate of $0. 1111 on their
December 14°i meeting, and will forward that official action by the Library Board to the Finance Director after that
meeting. This means that the City Council levy cannot be approved until December 22"a. Additionally, based upon
the approved referendum, the property taxes extended for debt service for the library construction, will increase
from $564,386 to $605,925 this year. This levy is not subject to the property tax cap as it was approved by
referendum.
The City Council selected $3,276,306 for the corporate and special purpose property taxes. This reflects an
increase in the total EAV in the City and includes an increase based on the Consumer Price Index. The City Council
may vote to lower (abate) the property taxes in the spring.
Last year's library levy rate Last year's library levy amount
.1104 $626,213.27
Original Requested rate Library levy amount
.1292 $755,500.00
Newly Requested rate Library levy amount
. 1111 $650,000.00
The difference between the original requested rate and the newly requested rate is $ 105,500. This would cause the
general fund to suffer a decrease of $105,500.
Library fund balance at April 30, 2009:
$488,103 Unrestricted
$310,959 Restricted for building development / Capital improvements
$7997062 Fund Balance at April 30, 2009
Total Library operating budget is $ 1 ,595,400. The fund balance of $799,062 is 49% of their operating budget.
11/02/09
UNITED CITY OF YORKVILLE _ _
2009 TAX LEVY REQUEST
2008 EAV 2009 EAV (Est)!'. Ji
$567,239,492 $584,838,166 -' % ��.�- F T
Name of Tax _ Rate Maximum Certified Levy $ Rate Maximum Requested Levy $ Notes
__.
-- ---- 0.1329.__ 0.4375 ''5 :
.. $$ 753,861 .28 0.1169 0.4375 $683,500.00 '
IMRF ,. 0.0724 _ $ _ _ 410,68139 0.0798 $ 466,991 .10 IMRF rate is 9.13%
Police
-� _ - 0.0550 0.60001 $ - 311 ,981 .72 0.0600 0.6000 $ 350,902.90 - - .
Police Pension 0.0573 $ 325,028 23 0.0598 _ $ , 350,000 00 Goes up $25,000 every year
Garbage 0.0000 0.2000 $ 0.0000 0.2000 $
Audit 0.0073 i $ 41 ,40848 0.0097 $ 57000.00
Liabil Ins 0.0387 _ $ 219,521 68 0.0598 $ 350,000.00
Soc Sec. 0.05411 1 $ 306,876 57 0.0542 '. $ 317,124.30 16.2% of salaries
0
Cross Gd _ 0.0043 0.0200 $ 24,391 .30 0043 0.0200 $ 25,000.00 FY 09-10 Budget
._... _ . . ..__..._ . _..._._. _. - _-
Unemploy 0.0047 $ 26,660.26 0.0044 $ 25,788.00 FY 09.10 Budget
Total (Non-Library) 0.4267 ': r $ 2,420,410.91 0.4491 $ 2,626,306.30
Library _ 0.1104 0.1500 $ 626,213.27 0.1111 : $ 650 000.00
IMRF Lib 0.0000 $ - _ 0._0000 $ -
SS Library 0.0000 ', $ 0.0000 $ -
Total (Library) 0.1104 : '. $ 626,213.27 0,1111 $ 650,000.00
Q�Mfflijjm 1 ! = 11111 j' 11 ; I I
._... _ ._ Debt Service - Library _. _ . 0.0995 _�- 564,386.05- _-
_ - _ $ 605,925.00
$ _ _ _ _ __ 0.1036 _ ....
`�eD C/p` Reviewed By: Agenda Item Number
J= �� Legal ❑ c J U Y # 4
EST. 1836 Finance ■ !
Engineer En ❑
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Li W City Administrator
�O Consultant ❑ C� �ppG� , ��
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Agenda Item Summary Memo
Title: Property Insurance Proposal/RFP Results
Meeting and Date: City Council December 8, 2009
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Majority
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
See attached memo.
0 C4
o Memorandum
To: City Council
EST. t_ less From: Susan Mika, Finance Director
CC: Mayor Burd; Bart Olson City Administrator
�p p Date: December 4, 2009
Subject: Property Insurance Proposal Update
Attached is a spreadsheet provided to us from Mike Alesia, Mesirow Financial. It
appears that at the moment, the Illinois Municipal League is the least expensive for property
insurance. Mr. Alesia is still analyzing these proposals and we should have some final numbers
by Tuesday's City Council meeting. Again, he will also be present on Tuesday night to go over
the results and answer any questions you may have.
If you have any questions or concerns, please let me know.
United City of Yorkville
Premium History
IML
Expiring Expiring Renewal ICRMT Scottsdale
Coverage 12131/07-08 1213 l/08-09 12/31109-10 l 2131109-10 12/31/09-10
Property Inlcuded in GL S 30,863 S 36,309 Inlcuded in GL S 51,450
Surplus Lines Tax S 1,801
Stamping Fee S 51
Fire Marshall Tax S 25
Equipment Breakdown S S 6,999 S 6,999 Inlcuded in GL Inlcuded in GL
Inland Marine Inlcuded in GL S 857 S 860 Inlcuded in GL Inlcuded in GL
General Liability S 200,204 S 85,969 S 1 16,956 S 193,642 S 106,576
Auto Liability Inlcuded in GL Inlcuded in GL Inlcuded in GL hilcuded in GL S 81,778
Auto Physical Damage Inlcuded in GL S 7,272 S 6,356 Inlcuded in GL S 27,967
Law Enforcement Liability Inlcuded in GL Inlcuded in GL Inlcuded in GL Inlcuded in GL S 24,294
Public Officials Liability Inlcuded in GL Inlcuded in GL Inlcuded in GL Inlcuded in GL S 2,628
Employment Practices Liability Inlcuded in GL Inlcuded in GL Inlcuded in GL Inlcuded in GL S 14,376
Crime Inlcuded in GL Inlcuded in GL Inlcuded in GL Inlcuded in GL S 1,858
Umbrella Inlcuded in GL Inlcuded in GL Inlcuded in GL S 28,654 S 55,682
$ 200,204 S 131,960 S 167,480 S 222,296 S 368,486
Workers Compensation Included in GL S 120,709 S 161,828 S 134,881 S 134,881
less Workers Compensation Commission NIA NIA N/A S 1( 3,488) S X13,438)
Total S 200,204 S 252,669 S 329,308 S 343,689 $ 489,879
\CF,D C/j�.y Reviewed By: Agenda Item Number
J2 O� Legal ❑
Esr 1836 Finance El
Engineer El Tracking Number
10 al y City Administrator ■
9s `�O Consultant ❑
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Agenda Item Summary Memo
Title: City Council Meeting Schedule for 2010
Meeting and Date: City Council 12/8/09
Synopsis: Review of proposed meeting dates for 2010.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested: Discussion and approval
Submitted by: Meghan Ostreko Administration
Name Department
Agenda Item Notes:
4s ciAy
Sit o Memorandum
EST. . 1836 To : Mayor and City Council
04 From: Meghan Ostreko, Administrative Assistant
OA �® 1" n It Date: December 4, 2009
�< K Subject: City Council 2010 Meeting Schedule
® tE
The Clerk' s Office is in the process of publishing the City' s master meeting list for 2010. Listed
below is a tentative schedule for the City Council meetings for 2010.
Please note that the second meeting in December falls on the week between Christmas and New
Years. Historically, this meeting has been rescheduled in order to avoid holiday scheduling
conflicts and to ensure a quorum. The decision to reschedule, however, is up to you.
Please discuss this schedule at the City Council meeting on December 8, 2009.
City Council Meeting 2"d & 4th Tuesday — 7 : 00 pm
January 12 & 26 July 13 & 27
February 9 & 23 August 10 & 24
March 9 & 23 September 14 & 28
April 13 & 27 October 12 & 26
May 11 & 25 November 9 & 23
June 8 & 22 December 14 & 28
December 2010
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
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Reviewed By: Agenda Item Number
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Agenda Item Summary Memo
Title: Proposed Stormwater BMP Maintenance Ordinance
Meeting and Date: 1a/8/011 City Council
Synopsis: This ordinance will help us comply with some of the requirements of our NPDES
stonnwater permit that is issued by the Illinois EPA.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
Cl 00 Memorandum
esr. 1836 To: Bart Olson, Assistant City Admirustratqr
g From : Joe Wywrot, City Engineer
CC: Kathy Orr, City Attorney
Lisa Pickering, Deputy City erk
IL
Date: November 18, 2009
Subject: Proposed Stormwater BMP Maintenance Ordinance
Attached find a copy of a proposed ordinance regarding post-construction maintenance of
stormwater best management practices (BMP 's). This ordinance will help us achieve one of the
goals required by our NPDES stormwater permit that was issued by the Illinois EPA.
This ordinance has been revised since it was reviewed at the October Public Works Committee
meeting. I have added language from a model ordinance regarding plan submittal, maintenance
records, and maintenance agreements, added a section regarding back-up special service areas,
and made general text revisions. Kathy Orr has also made several revisions.
Please place this proposed ordinance on the November 24, 2009 City Council agenda for first
reading.
Ordinance No. 2009-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION OF
POST-CONSTRUCTION IMPLEMENTATION OF STORMWATER
BEST MANAGEMENT PRACTICES
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non-home-rule municipality created in accordance with Article VII,
Section 7 of the Constitution of the State of Illinois of 1970; and,
WHEREAS, pursuant to 35 Ill. Administrative Code, Subtitle C, Chapter 1 , the
United City of Yorkville storm sewer system has been identified by the Illinois
Environmental Protection Agency (IEPA) as a Small Municipal Separate Storm Sewer
System (MS4); and,
WHEREAS, the IEPA has issued a National Pollutant Discharge Elimination
System (NPDES) General Storm Water Permit for the United City of Yorkville' s Small
MS4; and,
WHEREAS, said NPDES permit requires the United City of Yorkville to adopt
an ordinance or other regulatory mechanism related to post-construction runoff minimum
control measures; and,
WHEREAS, proper implementation of stormwater Best Management Practices
are essential to minimizing the pollutant content of storm water discharges to receiving
streams,
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 the United City of Yorkville Standards for Regulating Post-
Construction Maintenance of Stormwater Best Management Practices, dated October 12,
2009, a copy of which is attached as Exhibit "A", is hereby approved and adopted.
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. 2009.
ATTEST:
CITY CLERK
1
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of A.D. 2009.
MAYOR
2
Exhibit "A"
Nov. 16, 2009
UNITED CITY OF YORKVILLE
STANDARDS FOR REGULATING POST-CONSTRUCTION
IMPLEMENTATION OF STORMWATER BEST MANAGEMENT
PRACTICE(S)
This document establishes stormwater Best Management Practice(s) which shall be used
to meet the requirements of the National Pollutant Discharge Elimination System and the
Illinois Environmental Protection Agency Small Municipal Separate Storm Sewer Systems
(MS4' s).
Section 1. Definitions
For the purposes of these standards, the following definitions are adopted:
1 . Best Management Practice (BMP) - Any technique, process, activity,
structure, prohibition of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. Best Management Practice(s) also include treatment
practices, operating procedures, and practices to control site runoff, spillage or
leaks, sludge or water disposal, or drainage of raw materials storage.
2. City — The United City of Yorkville, Kendall County, Illinois.
3 . Development - Any man-made change to real estate including, but not limited
to:
a. More than fifty percent (50%) increase in impervious area of an existing
building and/or the affected parcel.
b. Installation of utilities, construction of roads, bridges, culverts or similar
projects.
c. Construction or erection of levees, dams, walls or fences.
d. Drilling, mining, filling, dredging, grading, excavating, paving, or other
alterations of the ground surface.
e. Storage of materials including the placement of gas and liquid storage
tanks, and channel modifications or any other activity that might change
the direction, height, or velocity of flood or surface waters.
3
f Development does not include routine maintenance or existing buildings
and facilities, resurfacing roads, or gardening, plowing, and similar
practices that do not involve filling, grading, or construction of levees.
4. Maintenance Agreement — An agreement between the City and the
Responsible Party, recorded against the real estate to which it pertains, that
acts as a property deed restriction and which provides for long-term operation
and maintenance of stormwater Best Management Practice(s).
5 , Responsible Party — The developer, organization, property owner or entity
owning the property upon which the stormwater Best Management Practice(s)
is required to be performed.
6. Violation- The failure of a developer, organization, property owner, or other
entity to be fully compliant with the City's Post-Construction Stormwater Best
Management Practice ordinance.
Section 2. Best Management Practices
Examples of structural stormwater Best Management Practice(s) include but are not
limited to:
Application Benefit
Buffer Strips Provides additional distance between homes and natural
areas; attenuates runoff rates and promotes infiltration.
Created Wetlands Can move existing wetlands and re-create at a new
location.
Infiltration Trenches Attenuates runoff rates and promotes infiltration.
Naturalized Basins Attenuates runoff rates and promotes infiltration.
Sand Filters Allows additional water infiltration.
Stream Bank Reinforcement Reduces long-term erosion of stream banks.
Turf Reinforcement Mat Prevents rainfall from washing away plant seeds.
Vegetated Filter Strips Attenuates runoff rates and promotes infiltration.
Examples of non-structural stormwater Best Management Practice(s) include but are not
limited to :
Method
Education and enforcement campaigns
Educational and participation programs
Pollution prevention practices and procedures (street sweeping, fertilizer control, etc.)
Regulatory controls
Stormwater drain stenciling
Strategic planning
Town planning controls
Training programs
4
Section 3. Implementation
All redevelopment of previously developed properties and all development of previously
undeveloped properties shall incorporate stormwater Best Management Practice(s) into
the design, construction, operation, and maintenance requirements of those properties.
The final design of stormwater Best Management Practice(s) is subject to approval as
provided in Section 7 of these Standards. Said Best Management Practice(s) shall vary
based on specific characteristics of the property, and may include but are not limited to
grassy swales, disconnected impervious areas, minimization of impervious areas, green
roofs, naturalized stormwater basins, etc. All stormwater Best Management Practice(s)
shall be operated, maintained, or performed by the Responsible Party as necessary to
ensure that the intended function and/or benefit of the stormwater Best Management
Practice(s) is realized.
Proposed developments/re-developments shall submit a plan detailing specific
stormwater Best Management Practice(s), and shall include:
• A written or graphic inventory of the natural resources at the site and surrounding
area as it exists prior to commencement of the project and a description of the
watershed and its relation to the project site. This description shall include a
discussion of soil conditions, forest cover, topography, wetlands, and other native
or man-made vegetative areas on the site. Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development.
• A specific analysis to show that the proposed stormwater Best Management
Practice(s) are capable of improving or maintaining the quality or stormwater
runoff from the site.
• A written description of the required operation and maintenance requirements for
compliance with proposed Best Management Practice(s).
Section 4. Inspections
1 . All Responsible Parties shall adequately construct, operate, maintain and/or
perform the stormwater Best Management Practice(s) that have been incorporated
into the design of their property. Said stormwater Best Management Practice(s)
shall be subject to inspection by the City at least once a year. Responsible Parties
shall keep records of all maintenance and repairs, and shall retain the records for a
minimum of 5 years. These records shall be made available to the City during
inspection of the stormwater Best Management Practice(s) and at other times
upon request.
5
Section 5. Maintenance Agreements
1 . All stormwater Best Management Practice(s) shall be subject to an enforceable
Maintenance Agreement to ensure that the system functions as designed. This
agreement will include any and all maintenance easements required to access and
inspect the stormwater Best Management Practice(s), and to perform routine
maintenance as necessary to ensure proper functioning of the stormwater Best
Management Practice(s). In addition, a legally binding covenant specifying the
parties responsible for the proper operation and maintenance of all Best
Management Practice(s) shall be secured prior to issuance of any building permits
or recording of plats of subdivision for the property in question.
Section 6. Previously Developed Properties
1 . Most stormwater facilities inherently result in some improvement to stormwater
quality and meet the requirements of a stormwater Best Management Practice(s) .
Such facilities shall be operated and maintained by the Responsible Party as
approved in their original design. No changes shall be made to tributary
conveyances, basins, or outfalls without specific approval from the City.
Section 7. Administration
1 . The City Administrator or his/her designee shall be responsible for the general
administration of these standards and ensure that all development and/or
maintenance activities within the United City of Yorkville meet the requirements
of these standards. Specifically, the City Administrator or his/her designee shall :
a. Perform periodic site inspections of all properties that have stormwater
facilities to ensure compliance with this ordinance.
b. Meet with the Responsible Parties regarding construction, operation,
maintenance and/or performance of stormwater Best Management
Practice(s) as necessary to ensure that they understand their
responsibilities regarding stormwater Best Management Practice(s).
c. At his/her discretion, issue a stop-work order requiring the suspension
of the subject development or activity if there is a violation of these
standards. The stop-work order shall be in writing, indicate the reason
for the issuance, and shall order the action, if necessary, to resolve the
circumstances requiring the stop-work order.
d. Arrange for city personnel or contractors to mitigate/repair any
damage to stormwater Best Management Practice(s) if the Responsible
Party does not perform the work within 60 days (or other timeframe
specified by the City) of written direction from the City to do so. The
cost of mitigation/repair and any related administrative or legal
activities shall be borne by the Responsible Party.
6
e. If the Responsible Party does not perform the work or reimburse the
City within the specified timeframe, the City Administrator or his/her
designee shall prosecute the Responsible Party through the
administrative adjudication process or other available means.
Section 8. Variances
1 . If a Responsible Party feels that these standards place undue hardship on a
specific development proposal or property, the Responsible Party may apply
to the City Administrator for a variance. The City Administrator or his/her
designee shall review the applicant' s request for a variance and shall submit
his/her recommendation to the City Council. The City Council may attach
such conditions to granting of a variance as it deems necessary to further the
intent of these standards.
2. No variance shall be granted unless the applicant demonstrates that all of the
following conditions are met.
a. An exceptional hardship would result if the variance were not granted.
Economic hardship is not a valid reason to grant a variance.
b. The relief requested is the minimum necessary.
c. The applicant' s circumstances are unique and do not establish a pattern
inconsistent with the intent of the city' s NPDES General Storm Water
Permit.
Section 9. Best Management Practice(s) Lien Claim
1 . Lien Claim : All costs for work performed under Section 7. Ld of these
Standards are the responsibility of the Responsible Party. Whenever a bill for
such costs remains unpaid for thirty (30) days after it has been rendered, the
clerk may file with the recorder of deeds of Kendall County a lien claim. This
lien claim shall contain the legal description of the property, the costs incurred
and the date(s) when the work was performed.
2. Notice Of Lien Claim: Notice of such lien claim shall be mailed to the
responsible party at the last known address of such Responsible Party; provided,
however, that failure of the clerk to record such lien claim or to mail such
notice, or the failure of the Responsible Party to receive such notice, shall not
affect the rights of the city to collect for such charges as provided in this
section.
7
Section 10. Backup Special Service Areas
1 . For properties that have back-up special service areas established or allowed by
agreement to fund maintenance of common areas, the city may activate said SSA to
collect un-reimbursed costs or to fund ongoing or future costs related to operation,
maintenance, or performance of stormwater Best Management Practice(s) .
Section 11. Conflicts
1 . These standards do not repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. Where this ordinance and other easements,
covenants or deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 12. Separability
1 . The provisions and sections of these standards shall be deemed separable and the
invalidity of any portion of these standards shall not affect the validity of the
remainder.
8
Reviewed By: Agenda Item Number
� �� A
J Legal ® R'K 't 1
es � Finance
EST 1836 ❑
1
Engineer Tracking Number
o ICI n City Administrator ❑
Consultant ❑ a r�
<GE ��� ❑
Agenda Item Summary Memo
Title: Traffic Study—Van Emmon &Heustis
Meeting and Date: December 8, 2009 City Council Meeting
Synopsis: Recommendation to revise signage at the Van Emmon/Heustis intersection to create
a four-way stop.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
C/Ty
Memorandum
EST. , _ 1936 To: Bart Olson, City Administrat
ti From: Joe Wywrot, City Engineer
O ` y
9 Jr
p CC: Harold Martin, Chief of Poli
Lisa Pickering, Deputy City Clerk
LE
Date: November 30, 2009
Subject: Van Emmon &Heustis—Intersection Signage
This issue was tabled at the September 8, 2009 City Council meeting,with the understanding
that it would return to the City Council for a final decision after additional research was
performed. We checked the accident history from 2000-2009,researched the accident records at
the Van Emmon/Mill and Van Emmon/Woodland intersection, and also checked the slopes of
those roadways for comparison purposes.
A review of the accident reports for the Heustis intersection indicate that the vast majority of the
accidents over that time period were related to the unconventional signage at the intersection.
The prevailing comment from motorists along Van Emmon is that they did not see or expect
there to be stop signs for Van Emmon, and to alesser extent that Heustis traffic should stop at
the intersection. There were also a couple of rear end accidents on Van Emmon, and one accident
where southbound left-turning traffic did not yield to northbound through traffic, There was one
accident attributable to icy conditions.
A review of the accident reports for the Mill Street intersection indicates that failure to yield was
about evenly split between the northbound and southbound approaches. There was one accident
attributable to icy conditions, although the reporting officer noted that he didn't see any ice.
The accident data for the Woodland intersection only shows two accidents,both related to deer
in the roadway.
We also checked the slope of the roadways listed above, as well as Benjamin Street in the
Kendallwood Estates subdivision. The first 100 feet south of each roadway was checked, with
the following results:
Heustis—9.1% Mill —6.4% Woodland—3.5%
The Woodland and Benjamin intersections flatten out prior to the intersection,while Heustis and
Mill maintain their slopes all the way to Van Emmon.
Attached find a memo from Jackie Dearborn that provides additional information.
My original recommendation was to switch the stop signs at the Van Emmon/Heustis
intersection, and have Heustis stop at Van Emmon. That recommendation was due to MUTCD
standards that require the minor street (which carries less traffic) to stop at the major street.
At the September 8th meeting several residents objected to that proposed change, stating that the
steep slope on Heustis creates an unsafe condition in the winter time where cars would slide into
the intersection. While that sentiment is understandable the accident history at the Mill
intersection does not support it, with just one accident over a 10-year timeframe related to icy
conditions. It should be pointed out, however, that Heustis is somewhat steeper than Mill.
Since the original analysis, we have also had a chance to better evaluate the sight distance that
Heustis traffic would have to contend with should they have to stop at Van Emmon. Currently
there are visual obstructions for both approaches that reduce that distance that Heustis traffic can
see before they enter the intersection. The MUTCD states that situations such as this should also
be considered when evaluating an intersection, therefore I revise my original recommendation
and recommend that the Van Emmon/Heustis become a four-way stop.
The accident analysis also shows that most of the time it is westbound Van Emmon traffic that
fails to stop at the intersection. This is probably because they have not had to stop since the
Route 71 intersection (over 2 miles away), and once they pass Mill Street they are focusing on
the traffic signal at Route 47. We should consider placing an advance warning sign for
westbound traffic.
The Van Emmon/Heustis intersection will continue to present safety concerns, regardless of the
way it is signed. If the signage is changed, we should re-evaluate the accident history ma few
years to see if these changes have been beneficial.
Please place this item on the December 8, 2009 City Council agenda for consideration.
30-Nov-09
Van Emmon Road - Intersection Accident History
Van Emmon/Heustis Intersection Van Emmon/Mill Intersection
Year Total Intersection Related Fail to Yield E/B Fail to Yield W/B N/B traffic S/B traffic Rear End Total Intersection Related Fail to Yield N/B Fail to Yield S/B
2000 1 1 0 1 1 0 0 2 2 1 1
2001 4 4 1 3 1 3 0 3 3 1 2
2002 1 1 0 1 1 0 0 2 2 2 0
2003 2 2 1 1 2 0 0 0 0 0 0
2004 1 1 1 0 1 0 0 1 1 1 0
2005 2 1 0 1 0 1 0 3 1 1 0
2006 2 1 0 1 0 1 0 4 3 1 2
2007 1 1 0 1 1 0 0 5 2 2 0
2008 5 4 0 3 1 0 2 5 2 0 2
2009 1 0 0 0 0 0 0 1 1 0 1
Totals 20 16 3 12 8 5 2 26 17 9 8
2`�ev C!r y
r. o Memorandum
To: Joe Wywrot, City Engineer
EST. , 1836 From: Jackie Dearborn, Civil Engine
09 L f7 \ p Date: November 30, 2009
Wmgv
Subject: Traffic Study—Van Emmon and Heustis/Mill
• Traffic volumes on intersecting streets are not equal. During any 8 hours the
average vehicles per hour on Van Emmon is 2.5 times greater than the volume of vehicles on
Heustis and 4.5 times greater than the volume on Mill Street.
• Less than 5 accidents per year at each of the intersections.
• Weather(ice on the road) caused one accident at the intersection of Van Emmon
and Heustis. A car heading west on Van Emmon slid into the intersection while attempting
to stop at the stop sign.
• Another accident report stated that the driver,heading north (downhill) on Mill
Street, was slowing down for the yield sign when he slid on ice and entered the intersection.
The police officer observed wet pavement but no ice.
• Woodland drive has had no crashes related to sliding into the intersection. The
only two accidents at or near this intersection were caused by deer crossing the road.
• Benjamin Street is also on a hill and vehicles will be required to stop at the
intersection of Van Emmon. See profile graph for slopes.
• Mill and Heustis have had the same number of intersection-related accidents since
2000—a total of 18 accidents at each intersection.
• In some of the accident report narratives, obscured vision may have contributed to
the cause of the accident although this wasn't listed as a primary cause. The trees that are
obscuring vision should be trimmed back or removed if possible.
® Memorandum
To: Joe Wywrot, City Engineer
EST 1836 From : Jackie Dearborn, Civil Engineer
® KI h
IL ��p Date: July 23, 2009
Gy Subject: Traffic Study — Van Emmon and Heustis
<LE
I have reviewed the traffic counts at Van Emmon Street and Heustis Street to determine the
placement of regulatory signs at this intersection. Currently the vehicles traveling east and west
on Van Ennnon Street are required to stop at Heustis Street.
At this corner, a less important road, Heustis Street, intersects with a main road, Van Emmon
Street. Heustis Street averages 1128 vehicles and Van Emmon Street averages 2952 vehicles in
a 24-hour period. According to the MUTCD, two-way stop control should be applied to the
street carrying the lowest volume of traffic. In this case, vehicles on Heustis Sheet should be
stopped in order to minimize the number of vehicles having to stop.
The appropriate street upon which to install a stop sign can also be detennined to be the one that
has obscured vision, dips or requires drivers to use lower operating speeds. Drivers traveling
north on Heustis Street are coming down a hill as they approach the intersection of Van Emmon
Street. Vision is also obscured for drivers traveling south on Heustis Street. A building on the
northwest corner and the overgrown trees on the northeast corner prevent drivers fi om seeing
vehicles on Van Ennnon Street as they approach the intersection. The conditions have been met
at this intersection for installation of a stop sign and based on the guidance and engineering
judgment, the appropriate street to stop is Heustis.
Another consideration is multiway stop application at this intersection. A multiway stop is used
where the volume of traffic is approximately equal . Since the volume of traffic on Van Emmon
Street is over 2. 5 times the volume on Heustis Street, this prevents the use of a four-way stop
unless certain other criteria are met.
A multiway stop control can be useful as a safety measure. There were a total of 5 crashes that
have occurred over a 12-month period at this intersection between 12/1 /07 and 12/1 /08 . To be
considered a crash problem, these accidents would have to be susceptible to correction by a
multiway stop installation. However, only one accident meets the criteria. This accident
occurred when a driver, heading westbound on Van Ermnon Street after stopping at the stop sign,
entered the intersection and struck a car heading north on Heustis Street. No citations were
issued.
Based on the other accidents at this intersection, it is my opinion that there is some confusion at
this intersection about which direction of traffic is required to stop. Normal driver expectations
are such that at the intersection of a less important road with a main road, the main road has the
right-of-way and minor road is required to stop. There were two nearly identical accidents at this
intersection that prove this point.
In both instances, drivers heading westbound on Van Emmon Street were rear-ended while they
stopped at the stop sign. The reports stated that the drivers did not have enough time to stop.
This could mean that the drivers did not see the stop sign or that perhaps these drivers were not
expecting there to be a stop sign on this though street. I believe that these accidents could be
corrected by stopping traffic on Heustis Street instead of stopping traffic on Van Emnnon Street.
Another accident occurred at this corner when a car traveling northbound on Heustis turned in
front of a car traveling southbound on Heustis. Vehicles traveling north on Heustis come down a
relatively steep hill and should be applying the brakes to slow down as they approach the
intersection. Had there been a stop sign at this corner, this conflict could have been avoided .
The remaining accident was due to weather conditions.
A multiway stop may be useful as a safety measure however, the accident reports do not support
its use. The volume of traffic entering the intersection also does not meet the minimum
requirements. Over any 8 hours of an average day, Heustis averaged 80 vehicles per hour and
Van Emmon Street averaged 200 vehicles per hour over the same 8 howl. This does not satisfy
the minimum of 300 vehicles entering the intersection from the major approach and 200 from the
minor approach.
My recommendation is to remove the stop signs from Van Emmon Street and reinstall them to
stop the traffic on Heustis Street. The overgrowth of trees on the northeast corner should also be
trimmed or removed because of the sight distance problem at this intersection.
Note: Currently drivers traveling south who want to head east on Van Emmon Street "cut
tln ough" on Hydraulic Street instead of continuing south on Route 47 to the traffic signal at Van
Emmon Street. By cutting through, they avoid any backup of traffic on the bridge because there
is a designated left turn lane onto Hydraulic Street. They also avoid the traffic signal on Route
47 and the stop sign on Van Emmon Street. Adding stop signs to Heustis Street will discourage
drivers from cutting through and removing the stop signs or, Van Emmon Street will allow this
street to function as the through street. I personally witnessed two near accidents at this
intersection — one while waiting to set up the traffic counters and another while waiting to take
them down. In both instances, drivers heading west on Van Emmon Street assumed the
approaching vehicle on Heustis Street was going to stop. These drivers slowly began to enter the
intersection after stopping at the stop sign and were honked at by oncoming traffic.
TRAFFIC COUNTS
H tis&Van Emmon _
Date of Count:6/30/09-7/2109 'Date of Count:6123/09-6/25/09 _
Huestis T I Van Emmon
Total AVG Total AVG
_
Hourly Hourly Hourly Hourly
Northbound Average .Southbound Average N/B&S/B Eastbound Average Westbound Average E/B&W/B
Time 2ay1 DaY_2--------_------ ---Ray 1 _ ...........Time 1-__....a?Y_2__------------ __Da__j....__�?Y_?
1080-11 30AM 11 25 18 41 35 38 56 10 30-1130AM 65 52 38 83 99 91 129
1130 12 30PM_ __16 _35 25.5 54 52 53 78.5 11 30-12:30PM 73 82 77.5 8 1 93 90.5 168
�tt.12.30-1-.30PM _ 24 21 22.5 63 55 59 81.5 12.30-1:30PM 68 67 67.5 103 100 101.5 169
!1:30-2:30PM 16 14 15 50 44 47 62 1:30-2:30PM 51 67 59 113 88 100.5 159.5
12:30-3:30PM _ 19 18 18.5 39 69 54 72.5 2:30-3:30PM 71 79 75 112 139 125.5 200.5
13:30-4:30PM 25 16. 20.5 62 101 81.5 102 3:30-4:30PM 69 74 71.5 137 -181-1-5-9 230.5
4:30-5:30PM _ 19 27 23 69 87 78 101 4:30-5:30PM 106 98 102 161 171 1 166 268
5:30-6:30PM 17 26__f 21.5 58 53 55.5 77 5:30-6:30PM 84 74 79 155 133 144 223
6:30-7:30PM 20 11 15.5 50 39 44.5 60 6:30-7:30PM 65 1 71 68 101 ' _ 106 103.5 771.5
7:30-8:30PM 9 12 10.5 33 39 36 46.5 7:30-8:30PM 60 55 5-7 5 128 -11-77-T2-2.5 180
8:30-9:30PM _ 10 13 11.5 30 _ 30 30 41.5 830-930PM 52 68 60 69 71 70 130
9:30-10:30PM 7 8 7.5 13 23 18 25.5 9:30-10.30PM 40 27 33.5 47 45 46 79.5
10:30-11:30PM 1 4 _ 2.5 4 7 5.5 8 10.30-11.30PM 18 15 16.5 33 16 24.5 41
11:30-12.30AM 3 1 2 6 5 5.5 7.5 11:30-12:30AM 11 14 12.5 15 18 16.5 29
12:30-1:30AM 2 1 1.5 4 5 4.5 6 12:30-1.30AM 8 1 8 8 8 6 7 15
1:30-2:30AM 4 0 2 2 2 2 4 1:30-2:30AM 3 0 1.5 4 4 4 5.5
2:30-3:30AM 0 1 0.5 1 0 0.5 1 2:30-3:30AM 6 4 5 7 0 3.5 8.5
3:30-4:30AM 1 1 1 1 1 1 2 3.30.4:30AM 5 6 5.5 3 2 2.5 8
4:30-5.30AM 5 6 5.5 2 2 2 7.5 430-5:30AM 13 15 14 17 12 14.5 28.5
5:30-6:30AM 16 i6 16 20 17� 18.5 34.5 5:30-6:30AM 39 48 43.5 39 35 37 80.5
6:30-7.30AM 21 27 24 47 41 44 68 630-7:30AM 63 61 62 64 58 61 123
730 23 23 25 24 4S 39 42 66 7:30-8:30AM 70 58 64 110 105 107.5 [;171.5
8:30-9:30AM 12 20 16 43 50_ 46.5 62.5 8:30-9:30AM 68 72 _ 70 105 92 98.5 168.5
9: 0-1
30:30AM 23 9 16 41 41 41 57 930-10:30AM 73 88 80.5 81 86 I 83.5 164
Total Daily Counts: .304 337 778 837 1128 1181 i 1203 1783 I 1777 2951.5
Av .vehicles hour for an 8•hrs: I 80 Av .vehicles per hour for an 8-hrs: 200
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No. 2009-
ORDINANCE AMENDING CITY CODE
TITLE 6 — TRAFFIC, CHAPTER 3 — TRAFFIC SCHEDULES
Van Emmon Street and Heustis Street
WHEREAS, the United City of Yorkville has discussed and considered amending the City
Code, Title 6 — Traffic, Chapter 3 — Traffic Schedules regarding revising the signage at the
intersection of Heustis Street and Van Emmon Street; and,
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 6, Chapter 3, Section 1 (A) of the United City of Yorkville Code of
Ordinances is hereby amended by deleting the following paragraph:
Heustis Street from East Hydraulic Street to Orange Street
And replacing with:
Heustis Street from Van Emmon to Orange Street
Section 2. Title 6, Chapter 3 , Section 2(A) of the United City of Yorkville Code of
Ordinances is hereby amended by adding the following paragraph:
Heustis Street at its intersection with Van Emmon Street (four-way stop).
Section 3. 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. 2009.
CITY CLERK
ROBYN SUTCLIFF DIANE TEELING
ARDEN JOE PLOCHER WALTER WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of A.D. 2009.
MAYOR