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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 <CE 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 Ii, G1 City Administrator ¢ ♦�O Consultant ❑ C( u2OCP — I bc6 <kE C�? ❑ 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 ❑ ❑ LC Qob9- I CA SCE tb 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 M �O Police ❑ LCE `��� Human Resources F] 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 It At �- E t :.+.{) ". . 4 1 n ,mri+urrAnr !•I 'i�-' r': < CL 91 �m III (( {� q.itU4kM0 nlfuNUt-r:111. � . 99 14.v Ir.. ql'I :�'� I�i N� .� W I - T1� i+ 5 ��°•..lVy�,, 1 Y' fy . It IN 1 r•X .l�sh1 r � o ` n y1r L A tl wtlnr f � r •i1 t `. . rvrrYlbLL W,. \ 1 1 'I ` _ ' �•1; c r� i A n4 114tl{ s .r ' L DETAI ma CONCEPTUAL SITE PLAN m ^- -- - - r —f • tssr F It +d TZMHOME6 f 1 1 SCALE IN FEET u %,1 MUL77-Fi1MftY mow' [ 3 va ,- 4" � — —wrcavaraw EVBRW RiaklAl. / f RAYAWA 34tETAM ¢vim 'IxJ r :�"� / .••'r /t,. •erg, CAartrnearm rarnrtNr'sa aA%aOfA rFE ROlArNG P5 . �. _ IWSYA^ ! -- ruovern � wv CY y •: ' r - __ crN:caysevrEr pl. � ¢smuts �I a %4 .•.1' CXHGr ' 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 _ ,� _ h ��S °;•� r• s . A . lW'r°i� '�•'•c- "ice - _Ile Alit dimensions are ` 10`- �sF $ a : LT 11- 1 '1 I - r 1 t _ 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 N N N N N H H H H H H H H H H H O l0 co J 61 Ul rA W N H O 10 co J 61 Ul iP W N H H rr rr Fi 3 w Pl £ m G n w rr LQ t7' �:V O �V m O N O �x F� ro m �v O m r- H- (D (D n (D �Q m £ n (D (D p H' (D r- n m m m m �y k< C rr w x F{ n w ct O t� w (D ct rr (D "C H- (D rt �j (D n W G U R� �s r- r- r� m O m �j Fl O. 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O (D O (D �y O (n Z (D n �j m 10 m n K O n O rr, n (D H c r w H w "C H- rt w n Cr H C H G O 3 O X N i-t m i-i rr, m tr (-r (D C (n z n C ZS (D rfi p rt r� (D rh O m O O �Y n ¢ H- Sl G H- H- H' G n �' w rr, C w n (D rt �Y (D n r- (D rr w n (D O (D �l n w' w m rt p m Cr rt m n rt ro i R n (D �j (D �y (D �3j w Cr n K (D O H- fl rt n (D Cr CT �l fl (D H- �y r� O �j rt m co C w �y (D hi O O K ou w (D n rr �l �y cr cn n O (D rt (D n rt - (D H. (D (D H- n n �j n O n rt O n o (D rt n �j O G H' (D (D O �y w rD n a H' 'ZS (D n �J n "C O w n r� r- F n n �l O H. (D n tr rt w m 'o rt rr m O rt O n �l Ct. O `C 3 Fl n H. n H r- rt r; (q n O O m (D (D m n (D n H H m H- k< B rl H- m m n w (D (D C O H- (D (D H- (D Cr G Ql H- O rh w lQ m Cr rr H rt m ro m H- rt rt hi m p �3- rr O w (D �j H- O w m (D (r w , Y 7 rh w w LQ W M m R G Q. O rr (D G O rt rt w (D w m C H- n O n w ¢ in Fi CD w rt (D H xv a tv rt m Ft p �y "c O w w (D n H w �' w n (D ,'S �l (D r-h w `G w �l O rt R. w rt 'o O �l C 3 g r-r rr n H- Ft O n w �y w w (D O O F- H (D O �j rt H, n rr rr H n p, H- F ' rfi (D (D O Cr' W r- w H- rt rt r� rt Cr H n r- rr rt rt �r (D w � �r (D p (D �y �Dj (D �Y (D (D r- w a CD (D (D LQro w (D m co N N N N N H H H H H H H H H H iP W N H O 19 co J m Ul W N N O l0 co J 0') Ul iA W N H C (D l7 Fi N N (r O O O rr B H ¢ (D U] �D4 Cr r T K z m m O O CT H C � N CT A lD O C G O N r- t-h co c t O cn O rh W Ul H � z O C w vii 5 m x rr m n ro a w m w cn 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 �UNIUPAL iEA t,� L�7 ,A-t�:A I FVI Today is December 02,2009 Search IML Home Legislative Training Resources Pension IMLRMA &Events Policy Educate New ADA Publication Requirements News Last Session,the General Assembly passed Senate Bill 133,which was signed into law by Governor Quinn. Legal News This new law requires municipalities to post certain information about the Americans with Disabilities Act Publications (ADA). Municipalities must post information on their website concerning: Legal Bulletins. • the name,office address,and telephone number of the Americans with Disabilities Act coordinator, if Legal Columns any,employed by the municipality;and . the grievance procedures, If any,adopted by the municipality to resolve complaints alleging a violation Municipal Calendar of Title II of the Americans with Disabilities Act. Municipal Legal f the municipality does not maintain a website,then the information must be published in a local newspaper or Resources P tY P in a municipal newsletter at least once every other year. Municipal Case Law Municipal Codes This new law takes effect on January 1,2010,and the information must be posted on the website or otherwise published on or before March 31,2010. Model Ordinances Sample Policies This new law does not affect every municipality because not every municipality is required to maintain an ADA coordinator or to establish grievance procedures. Additional Materials If a public entity has 50 or more employees,then it is required to designate at least one responsible employee Internet Links to coordinate ADA compliance.The ADA Coordinator is responsible for coordinating the efforts of the Conference s government entity to comply with Title II and investigating any complaints that the entity has violated Title II of Seminar Materials the ADA. Fru.m5 ry Similarly, local governments with 50 or more employees are required to adopt and publish procedures for Municipal Attorneys '* resolving grievances arising under Title I I of the ADA.Grievance procedures set out a system for resolving complaints of disability discrimination in a prompt and fair manner.The Department of Justice has created a Court Updates Sample"ADA Grievance Policy"(MSWord document)that local officials can use to comply with basic ADA U.S.Supreme Court administrative requirements. Other Federal Courts For additional resources on this issue,check out the following links: Illinois Supreme Court , Text of Senate Bill 133 Illinois Appellate e ADA Best Practices Tool Kit for State and Local Governments Courts a Text of Federal Regulation concerning ADA Coordinator and Grievance Procedures Other Courts Home Rule Information Home Rule Attorneys Committee Home Rule Municipalities Top Legal Pages 1.Home Rule Municipalities 2. Illinois Appellate Courts Updates 3.November Legal Bulletin Available Contact Us 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 ❑ --�� g Tracking Number Li W City Administrator �O Consultant ❑ C� �ppG� , �� Fl 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 ❑ kE 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 a i B II ftWNOX11G1)OY. IXITPII f15k 12 II IJ IS 16 1] Is T uI I'AI 60PNI C'IP5'COUNCIL Anh121R'BAT10N CO}INIMGP. I.i01A4111 arm 19 20 21 22 23 EJ E5 6aA PDI 631,PNI Cr1i QFPICk3 PUBLIC SAOYIY PUBLIC IPOIAS CLOSED COAMITICB ( )NAIII'Itti (nike.I VI," tvE 2! 2i 28 29 30 II 'PCI`nl CI rY Co11NC'IL Reviewed By: Agenda Item Number J=x s T Legal Nita Finance F-1 EST 1 tsss Engineer (1-� 9 y�°� Tracking Number 0� �� �� W City Administrator F] �a O Consultant ❑ n `? 1 'v�! c�oai - 1` 'A ❑ 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