TOWN OF NORMAL CITY HALL NORMAL, PHONE: 454-2444

PROPOSED AGENDA FOR TOWN COUNCIL MEETING Tuesday January 19, 2010 7:00 p.m.

6:55 p.m. Regular Meeting of the Normal Local Liquor Commission 7:00 p.m. Public Hearing Pertaining to an Annexation Agreement Regarding a 2.8 +/- Acre Tract Located at the Northeast Corner of Raab Road and Linden Street (Family Video)

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. OMNIBUS VOTE AGENDA (All items under the Omnibus Vote Agenda are considered to be routine in nature and will be enacted by one motion. There will be no separate discussions of these items unless a Council Member so requests, in which event, the item will be removed from the Omnibus Vote Agenda and considered as the first item after approval of the Omnibus Vote Agenda.)

A. Approval of the Minutes of the Regular Meeting of January 4, 2010

B. Approval of Town of Normal Expenditures for Payment as of January 13, 2010

C. Motion to Waive the Formal Bidding Process and Approve a Quote from Pristine Water Solutions for a Chlorine Dioxide Generator at a Cost of $16,040.00

D. Motion Referring to Planning Commission for Study and Report on Various Amendments to the Zoning Code – Section 15.9 (Planned Unit Development Regulations) and Section 15.14 (Community Design Standards)

E. Resolution Authorizing Execution of an Agreement with Mr. Craig Onsrud for the Operation of the Ironwood Pro Shop and Private Golf Lessons

F. Resolution Authorizing Execution of a Five Year Contract with M. E. Simpson Co., Inc. for Large Meter Testing Services

G. Resolution Authorizing Execution of a Three Year Contract with Melrose Pyrotechnics of Kingsbury, IN for the Annual Fourth of July Display

H. Resolution Authorizing the Release of Executive Session Minutes

I. Resolution Requesting Temporary Closures of State Right-of-Way for Annual Community Events

J. Ordinance Amending “An Ordinance Describing and Designating an Area Located Partially Within the City of Bloomington, Town of Normal and Unincorporated McLean County as an Enterprise Zone”

5. ITEMS REMOVED FROM OMNIBUS VOTE AGENDA

GENERAL ORDERS

6. Resolution Conditionally Authorizing Execution of an Annexation Agreement with Family Video Movie Club, Inc.

7. Ordinance Annexing Property to the Town of Normal – Family Video Movie Club, Inc. (Linden and Raab)

8. Ordinance Rezoning Property in the Town of Normal – Family Video Movie Club, Inc. (Linden and Raab)

9. Resolution Conditionally and Partially Approving a Site Plan for 602 and 604 South Kingsley and 607 Dale – Papa John’s

NEW BUSINESS

10. Motion to Adjourn to Executive Session

CONCERNS

ADJOURNMENT

ADDENDUM

Minutes of the December 10, 2009 Planning Commission Meeting Minutes of the January 7, 2010 Planning Commission Meeting

TOWN COUNCIL ACTION REPORT

January 14, 2010

Public Hearing Pertaining to an Annexation Agreement Regarding a 2.8 +/- Acre Tract Located at the Northeast Corner of Raab Road and Linden Street (Family Video)

PREPARED BY: Mercy Davison, Town Planner

REVIEWED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: That the public hearing be held.

BACKGROUND

State law requires that the corporate authorities convene a public hearing on all annexation agreements prior to formal consideration by the elected body. Therefore, it would be in order for the Town Council to convene a public hearing on a proposed annexation agreement pertaining to a 2.8 +/- acre parcel located at the northeast corner of Raab Road and Linden Street.

DISCUSSION/ANALYSIS

Staff recommends that the Town Council convene the public hearing and accept public testimony concerning the proposed annexation agreement. Once all testimony has been received, it would be in order for the Town Council to close the hearing. There are three items pertaining to the proposed annexation agreement and land use matters included in your regular meeting agenda under General Orders: 1) a resolution authorizing the execution of the annexation agreement, 2) an ordinance annexing the property, and 3) an ordinance rezoning the property.

Omnibus Vote

MINUTES OF THE REGULAR MEETING OF THE NORMAL TOWN COUNCIL HELD IN THE COUNCIL CHAMBERS, NORMAL CITY HALL, 100 EAST PHOENIX AVENUE, NORMAL, MCLEAN COUNTY, ILLINOIS – MONDAY, JANUARY 4, 2010.

1. CALL TO ORDER:

Mayor Chris Koos called the regular meeting of the Normal Town Council to order at 7:00 p.m., Monday, January 4, 2010.

2. ROLL CALL:

The Clerk called the roll with the following persons physically PRESENT: Mayor Chris Koos and Councilmembers Sonja Reece, Adam Nielsen, Jeff Fritzen, Chuck Scott, and Cheryl Gaines. Also present were City Manager Mark Peterson, Assistant City Manager Pamela Reece, Corporation Counsel Steve Mahrt, and Town Clerk Wendy Briggs. ABSENT: Councilmember Jason Chambers (arrived at 7:07 p.m.)

3. PLEDGE OF ALLEGIANCE:

Mayor Koos led the Pledge of Allegiance to the Flag.

4. OMNIBUS VOTE AGENDA:

Councilmember Reece excused herself from voting on any bills submitted by BroMenn Healthcare and on Item E.

Item D was removed from the Omnibus Vote Agenda.

MOTION:

Councilmember Gaines moved, seconded by Councilmember Reece, the Council Approve the Omnibus Vote Agenda.

AYES: Reece, Nielsen, Fritzen, Scott, Gaines, Koos. NAYS: None. ABSENT: Chambers. Motion declared carried.

A. APPROVAL OF THE MINUTES OF THE PUBLIC HEARING OF DECEMBER 21, 2009, PERTAINING TO THE PROPOSED ANNEXATION FAMILY VIDEO DEVELOPMENT: Omnibus Vote. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 21, 2009: Omnibus Vote.

B. APPROVAL OF THE TOWN OF NORMAL EXPENDITURES FOR PAYMENT AS OF DECEMBER 30, 2009: Omnibus Vote.

COUNCIL MINUTES -2- JANUARY 4, 2010

C. RESOLUTION APPOINTING FREEDOM OF INFORMATION ACT AND OPEN MEETING ACT OFFICER: Resolution No. 4451: Omnibus Vote.

E. RESOLUTION RATIFYING EXECUTION OF AN ASSIGNMENT AND ASSUMPTION OF LEASE – BROMENN: Resolution No. 4452: Omnibus Vote.

5. ITEMS REMOVED FROM OMNIBUS VOTE AGENDA:

D. RESOLUTION AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH RATIO ARCHITECTS FOR ADDITIONAL DESIGN SERVICES RELATED TO A REDESIGN OF THE FIRST FLOOR OF THE MULTI-MODAL TRANSPORTATION CENTER PROJECT IN THE AMOUNT NOT TO EXCEED $61,000 AND APPROVAL OF AN ASSOCIATED BUDGET ADJUSTMENT: Resolution No. 4453:

MOTION:

Councilmember Fritzen moved, seconded by Councilmember Reece, the Council Adopt a Resolution Authorizing a Supplemental Agreement with Ratio Architects for Additional Design Services Related to a Redesign of the First Floor of the Multi-Modal Transportation Center Project in an Amount Not to Exceed $61,000 and Approval of an Associated Budget Adjustment.

Councilmember Chambers arrived at 7:07 p.m.

Councilmember Fritzen expressed concern with the costs involved with the additional design services and posed questions for clarification purposes, which questions were responded to by Assistant City Manager Pamela Reece and City Manager Mark Peterson.

AYES: Reece, Nielsen, Fritzen, Scott, Chambers, Gaines, Koos. NAYS: None. Motion declared carried.

GENERAL ORDERS:

There were none.

NEW BUSINESS:

6. CONCERNS:

There were none.

COUNCIL MINUTES -3- JANUARY 4, 2010

7. MOTION TO ADJOURN TO EXECUTIVE SESSION:

There being no further business to come before the Council, Mayor Koos called for a Motion to Adjourn to Executive Session to Approve the Minutes of the Executive Session of December 7, 2009, as well as to Discuss Matters Pertaining to Personnel and Land Acquisition.

MOTION:

Councilmember Scott moved, seconded by Councilmember Chambers, the Regular Meeting of the Normal Town Council be Adjourned to Executive Session to Approve the Minutes of the December 7, 2009, Executive Session and to Discuss Matters Pertaining to Personnel and Land Acquisition.

AYES: Reece, Nielsen, Fritzen, Scott, Chambers, Gaines, Koos. NAYS: None. Motion declared carried.

Mayor Koos adjourned the regular meeting of the Normal Town Council to Executive Session to approve the Minutes of the December 7, 2009, Executive Session and to discuss matters pertaining to personnel and land acquisition at 7:09 p.m., Monday, January 4, 2010.

Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 1

Vendor Name Description Transaction Amount General Fund NICOR GAS STARK PORTION $102.05 EVERGREEN FS INC. UNLEADED FUEL 8208 GAL @$ $17,581.53 CITY OF BLOOMINGTON FOOD/BEVERAGE TAX $17.00 ILLINOIS DEPARTMENT OF REVENUE SALES TAX $1,035.00 ONSRUD, CRAIG PRO SHOP INV PMT 12/13-12 $535.46 ONSRUD, CRAIG PRO SHOP TAX PMT 12/13-12 $20.58 B-N WATER RECLAMATION DISTRICT TAP-ON FEES $2,450.00 BECKY STRACK POSTAGE STAMPS-SHARING TR $167.20 ILCMA B-N CONVENTION & VISITORS $2,000.00 ILCMA RATIO ARCHITECTS $500.00 ILCMA FARNSWORTH $500.00 ILCMA MESIROW $500.00 ILCMA CLARK DIETZ $500.00 General Fund Total $25,908.82 General Fund Mayor & Council Administration EYE TO EYE PRODUCTIONS NOV/DEC COUNCIL MEETINGS $3,000.00 MCLEAN CO COMMUNITY COMPACT 2010 CONTRIBUTION $100.00 CITY OF BLOOMINGTON REECE, NIELSEN, CHAMBERS $45.00 CARDMEMBER SERVICE COUNCIL WORK SESSION $125.97 General Fund Mayor & Council Administration Total $3,270.97 General Fund Administration - City Mgr Boards & Commissions Fifty Flags FIFTY AMERICAN FLAGS FOR $140.00 CARDMEMBER SERVICE UPTOWN DESIGN REV MTG. $6.06 General Fund Administration - City Mgr Boards & Commissions Total $146.06 General Fund Administration - City Mgr City Manager CITY OF BLOOMINGTON PETERSON $15.00 ILCMA WINTER CONFERENCE-REECE,F $240.00 CARDMEMBER SERVICE MEETING EXPENSES $313.29 General Fund Administration - City Mgr City Manager Total $568.29 General Fund Administration - City Mgr Uptown Project NICOR GAS TOWN PORTION $102.05 PANTAGRAPH ONLINE ADS $1,300.00 REGENT COMMUNICATIONS INC WBNQ - UPTOWN ADS/#92241 $1,314.00 COMCAST SPOTLIGHT INC UPTOWN ADS - DEC,2009 $1,740.48 General Fund Administration - City Mgr Uptown Project Total $4,456.53 General Fund Administration - City Mgr General Expense Dept. T/N PETTY CASH-FINANCE DEPT U.W.PAYROLL LOTTERY PRIZE $20.00 WALMART COMMUNITY BRC CHILDREN'S PARTY $113.58 WASHBURN FLOWERS POINSETTAS FOR LUNCHEON $412.50 MARRIOTT BLOOMINGTON NORMAL HO HOLIDAY LUNCHEON $5,825.42 CARDMEMBER SERVICE RETIREMENT GIFT/GRANING $297.85 CARDMEMBER SERVICE RETIREMENT GIFT/KILLIAN $284.71 A J GALLAGHER RISK MGMT SVCS RENEWAL-BUILDER'S RISK $1,312.00 FARR ASSOCIATES ARCHITECTURE, INCUNDERWOOD HOUSE PROJECT $2,200.00 ILLINOIS DEPARTMENT OF REVENUE SALES TAX $79.00 BROMENN COMMUNITY WELLNESS WELLNESS PROGRAM FEE- DEC $3,300.93 BROMENN COMMUNITY WELLNESS DECEMBER 2009 WELLNESS $990.74 CARDMEMBER SERVICE CONF ROOM C SUPPLIES $27.92 Marcy Kaufman HEALTH FAIR EXPENSE REIMB $153.91 B-N PUBLIC TRANSIT SYSTEM WHEELS-TO-WORK:OCT-DEC/09 $2,625.00 B/N CONVENTION & VISITORS BUREAU HOTEL / MOTEL TAX, DEC09 $19,856.67 COUNTRY ACRES LAND CORP SALES TAX REBATE $173,949.21 MEIJER SALES TAX REBATE $53,201.97 HOME DEPOT (FINANCE USE ONLY) SALES TAX REBATE $19,508.42 CONSTITUTION TRAIL, LLC SALES TAX REBATE $16,186.91 DENNISON CORPORATION NFD VEHICLE REPAIRS $845.14 Mr. Andre I. Mulunda RECLAIM FEE REIMBURSEMENT $580.00 AUGUST GROCHOWSKI 315 W SUMMIT REFUND $30.00 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 2

Vendor Name Description Transaction Amount T/N PETTY CASH-FINANCE DEPT RECORDING FEES $21.00 TOWN OF NORMAL SALES TAX REBATE-SHOPPES $48,692.67 General Fund Administration - City Mgr General Expense Dept. Total $350,515.55 General Fund Town Clerk Administration T/N PETTY CASH-FINANCE DEPT RECORDING FEES $42.00 T/N PETTY CASH-FINANCE DEPT RECORDING FEES $52.00 CARDMEMBER SERVICE GOLD SEALS $29.94 General Fund Town Clerk Administration Total $123.94 General Fund Corporation Counsel Administration WEST GROUP WEST INFORMATION CHGS $712.07 MCLEAN COUNTY BAR ASSOCIATION MAHRT/KARPLUS BAR LUNCH $30.00 T/N PETTY CASH-FINANCE DEPT PARKING FEE $1.30 General Fund Corporation Counsel Administration Total $743.37 General Fund Facility Management Administration AMERENIP 7854969002 - 207 S LINDEN $185.93 AMERENIP 6829710025 305 S LINDEN U $281.45 AMERENIP 3596315002 305 S LINDEN $42.86 AMERENIP 305 S LINDEN UNIT 101 756 $30.22 AMERENIP 7061885005 900 S LINDEN $65.28 NICOR GAS 305 S LINDEN SUITE 202 $143.93 NICOR GAS 305 S LINDEN, SUITE 102 $57.75 NICOR GAS 305 S LINDEN #C $35.65 NICOR GAS 900 S LINDEN 62798779450 $191.79 NICOR GAS 305 S LINDEN 34633113633 $53.07 AMERENIP 112 PARKINSON $17.82 A B HATCHERY & GARDEN CENTER STRAW BALES (FDII) $20.00 ACE HARDWARE SUPPLIES - FAC MGMT $29.96 ACE HARDWARE SUPPLIES - FAC MGMT $49.24 ACE HARDWARE SUPPLIES - FAC MGMT $49.03 ACE HARDWARE SHIMS,SPRY, DRYLOK PLUG $40.04 BILL'S KEY & LOCK SHOP RE-KEY CYLINDER - CAC $52.75 CAPITOL GROUP, INC URINAL KIT, PARTS (FM) $51.76 CAPITOL GROUP, INC URINAL KIT,PARTS - FD1 $51.76 MCDONALD SUPPLY URINAL REPAIR KITS $1,067.62 MENARDS SUPPLIES LESS CREDITS $16.25 MENARDS QUICK SET, ROLL-ON KIT, $29.07 RANEY TERMITE CONTROL INC MONTHLY SRV - THEATER $36.50 SPRINGFIELD ELECTRIC CO LIGHT BULBS $101.45 SPRINGFIELD ELECTRIC CO FREIGHT CHARGE (.001) $5.25 WHERRY MACHINE & WELDING INC HANDRAIL FOR CAC $588.42 SHERWIN-WILLIAMS CO PAINT/SUPPLIES - CAC $32.38 SUGAR CREEK ELECTRIC INC ELEVATOR SERVICE (CH) $280.00 ABSOLUTE MASONRY DESIGN INC WALL REPAIRS - THEATER $675.00 KONE INC ANNUAL SAFETY TEST (CM) $400.00 KONE INC ANNUAL SAFETY TEST - NPD $800.00 NYBAKKE VACUUM SHOP INC SEBO BRUSHES $89.97 U S MECHANICAL SERVICES FURNACE CHECKED- 611 ANX $82.00 U S MECHANICAL SERVICES ROOF TOP UNITS - CDM $328.00 U S MECHANICAL SERVICES FURNACE- PD EVIDENCE RM $82.00 OFFICE STATE FIRE MARSHAL BOILER INSP - CAC $100.00 G & B MECHANICAL PLEATED FILTERS (THEATER) $152.41 ACE HARDWARE SUPPLIES - FAC MGMT $8.97 ACE HARDWARE SUPPLIES - FAC MGMT $27.75 ACE HARDWARE SUPPLIES - FAC MGMT $179.70 BILL'S KEY & LOCK SHOP KEYS - CDM ELEVATOR $16.74 CHEMSEARCH FLASH AEROSOL $144.27 CRESCENT ELECTRIC SUPPLY CO GE WH MV LAMP $10.55 GETZ FIRE EQUIPMENT RESTOCK MEDICAL- NPD $249.35 GETZ FIRE EQUIPMENT RESTOCK MEDICAL- CHALL $108.25 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 3

Vendor Name Description Transaction Amount MENARDS BULBS (FAC MGMT) $29.96 MILLER JANITOR SUPPLY GARBAGE LINERS- 33NCH/CDM $170.80 CINTAS CORPORATION #396 CARPET RUNNER - CDM $52.60 CINTAS CORPORATION #396 CARPET RUNNER - CDM $52.60 CINTAS CORPORATION #396 CARPET RUNNER - CDM $52.60 CINTAS CORPORATION #396 CARPET RUNNER - CDM $52.60 SUNRISE SUPPLY AEROBLUE, BOWL CLNR- PD $26.29 SUNRISE SUPPLY AEROBLUE, BOWL CLNR-CHALL $111.78 SUNRISE SUPPLY AEROBLUE,BOWL CLNR- CAC $82.18 SUNRISE SUPPLY AEROBLUE, BOWL CLNR - PD $141.38 SUNRISE SUPPLY AEROBLUE, BOWL CLNR- PW $82.18 SUNRISE SUPPLY BOWL CLNR - 1110 DOUGLAS $11.49 SUNRISE SUPPLY BOWL CLEANER (FM) $11.49 SUNRISE SUPPLY AEROBLUE, BOWL CLNR- FMGT $70.69 SUNRISE SUPPLY AEROBLUE, BOWL CLNR- CDM $141.38 SUNRISE SUPPLY AEROBLUE, BOWL CLNR- 611 $41.09 SUNRISE SUPPLY AEROBLUE, BOWL CLNR (211) $33.99 SUNRISE SUPPLY AEROBLUE,BOWL CLNR- FM $33.99 General Fund Facility Management Administration Total $8,261.28 General Fund Finance Administration CARDMEMBER SERVICE LUNCH MEETING-RON/ANDREW $18.33 CARDMEMBER SERVICE EXPENSES-CHICAGO TRIP $45.35 General Fund Finance Administration Total $63.68 General Fund Purchasing Office Supply HASLER INC RENTAL: JAN/10-MAR/10 $282.00 W M PUTNAM COMPANY 2010 TAB LABELS $18.00 W M PUTNAM COMPANY SUPPLIES - 611 ANNEX $65.39 W M PUTNAM COMPANY SUPPLIES - 211 ANNEX $24.21 W M PUTNAM COMPANY SUPPLIES - C HALL $322.58 W M PUTNAM COMPANY OFFICE SUPPLIES - C HALL $145.98 W M PUTNAM COMPANY 3M TAPE $33.48 QUILL CORPORATION SHARPIE MARKERS, PENS $41.98 QUILL CORPORATION ENVELOPES $356.84 QUILL CORPORATION DURACELL BATTERIES $51.16 QUILL CORPORATION PENS $140.30 QUILL CORPORATION BALL POINT PENS $25.98 MIDLAND PAPER COPY PAPER, DIGITAL CVRS $1,113.52 General Fund Purchasing Office Supply Total $2,621.42 General Fund Purchasing Administration US POSTAL SERVICE/HASLER C HALL POSTAGE $10,000.00 General Fund Purchasing Administration Total $10,000.00 General Fund Information Technology Administration COMMUNICATION REVOLVING FUND ACCT T8889158 $1,285.21 HANSON INFORMATION SYSTEMS INC WI-FI SUPPORT $2,551.50 VERIZON WIRELESS - PA ACCT 486055053-00001 $196.08 MCLEAN CO INFORMATION SERVICES ACCT T8880050 $219.35 LEXIS NEXIS ACCT 1238G8 12/1-12/31/09 $142.00 BURWOOD GROUP INC 36MO RNWL WEB FILTER $9,900.00 DATALINK CORPORATION NET-HW/SW MAINT RENEWAL $4,718.00 MNJ TECHNOLOGIES DIRECT INC PRNTR TRANSFER KIT, TONER $330.59 VERIZON NORTH ACCT 12 1184 2792080605 0 $30.49 VERIZON NORTH ACCT 12 9000 2760082679 0 $7,263.02 NEXTEL COMMUNICATIONS ACCT 183003087 $4,025.40 VERIZON - NJ 1410420866-09341 $470.00 KOOS, CHRIS DECEMBER 09 PHONE REIMBUR $128.96 A5.COM LLC ACCT 9354 1/1-2/1/10 $941.00 PAETEC BUSINESS SERVICES ACCT 3317764 12/1-12/31 $276.88 ERIK VANETTEN VANETTEN GIS DATABASE DEV $1,932.00 MNJ TECHNOLOGIES DIRECT INC TONER CARTRIDGES $850.00 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 4

Vendor Name Description Transaction Amount MNJ TECHNOLOGIES DIRECT INC PRNTR TRANSFER KIT, TONER $105.04 GOVCONNECTION INC CISCO DUAL ETH-SEC RTR $411.62 General Fund Information Technology Administration Total $35,777.14 General Fund Human Resources Administration Brian Tobin REIMBURSEMENT / TOBIN $897.31 Mark Klinzing WELLNESS REIM/CHILD 1 $143.82 Mark Klinzing WELLNESS REIM/SPOUSE $143.82 BROMENN MEDICAL GROUP DRUG TESTS, BAT, OFC VIST $321.00 CARDMEMBER SERVICE IPMA MEETING FOOD $20.65 Jennifer Hanna TUITION REIMB $2,150.00 General Fund Human Resources Administration Total $3,676.60 General Fund Inspections Administration RED WING SHOE STORE BOOTS $96.00 FEDEX CONSERV. DESIGN FORUM $13.00 INTERNATIONAL CODE COUNCIL (BOCA'09-ICC CODES CD $633.00 ILLINOIS CHAPTER I.A.E.I. IAEA WINTER MTG $200.00 INSTITUTE OF GOVERNMENT AND ECONOMIC WORKSHOP $35.00 CARDMEMBER SERVICE X-MAS TREE $45.59 CARDMEMBER SERVICE ACE HARDWARE MISC. $7.50 General Fund Inspections Administration Total $1,030.09 General Fund Police Narcotics Enforcement Asst. Chief Rick Bleichner COVERT FUNDS $5,000.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $500.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $372.00 IL STATE POLICE/ASSET SEIZURE ASSET F0RFEITURE $80.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $895.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $840.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $1,280.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $15.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $115.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $100.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $100.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $255.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $415.00 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $136.27 IL STATE POLICE/ASSET SEIZURE ASSET FORFEITURE $121.00 General Fund Police Narcotics Enforcement Total $10,224.27 General Fund Police Administration RAY O'HERRON CO INC MAG CASE, BELTS $69.85 RAY O'HERRON CO INC BELTS (PASSINI) $90.90 RAY O'HERRON CO INC MAG HOLDER $32.95 RAY O'HERRON CO INC MAG HOLDER $39.21 RAY O'HERRON CO INC TWILL PANTS $115.90 RAY O'HERRON CO INC MAG CASE $22.95 RAY O'HERRON CO INC MAG CASE $29.37 RAY O'HERRON CO INC ADJUSTABLE ARMREST $63.57 RAY O'HERRON CO INC LS WMNS SHIRTS $133.23 BROMENN HEALTHCARE ER GENERAL (D BRAIS) $146.00 BROMENN HEALTHCARE ER GENERAL ( W ROBINSON) $146.00 MCLEAN CO SHERIFF'S DEPARTMENT CENTRAL BOOKING FEE- DEC $1,784.99 MCLEAN COUNTY TREASURER CENTRAL COMM CNTR- JAN/10 $62,469.25 PURITAN SPRINGS WATER SERVICE: 12/11 - 01/07 $33.59 PURITAN SPRINGS WATER SERVICE: 12/25 - 01/21 $7.00 STERICYCLE INC DEC - MONTHLY FEE $36.59 VERIZON WIRELESS MONTHLY SERVICE $69.54 IL ST POLICE BUREAU OF IDENT LIQUOR LICENSE CHECKS $78.50 10-8 OUTFITTERS BOOTS, SOCKS $260.98 10-8 OUTFITTERS WORK BOOTS - IJAMS $130.46 IL ASSOC OF CHIEFS OF POLICE ANNUAL DUES - BLEICHNER/I $285.00 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 5

Vendor Name Description Transaction Amount INTL ASSOC OF CHIEFS OF POLICE 2010 DUES - RICK/KENT (IN $240.00 MUNICIPAL ELECTRONICS INC RADAR REPAIRS / CERT $119.90 DARNALL PRINTING RACIAL PROFILE SHEETS $223.60 FEDEX EVIDENCE SHIPMENTS - NPD $146.13 YAHOO CID SUBPOENA FOR DOCUMENT $20.44 LANDMARK LAUNDRY NW SUBSTATION RENT- JAN $1,260.00 OFFICE DEPOT CREDIT PLAN CD ENVELOPES/VEH.MAINT.BO $96.92 ULTRAMAX AMMUNITION AMMUNITION $788.00 ULTRAMAX AMMUNITION TMJ BLAZER - AMMUNITION $5,540.00 WALMART COMMUNITY BRC CID/COMM. SERVICE/BREAK R $299.33 General Fund Police Administration Total $74,780.15 General Fund Fire Foreign Fire Tax TREAD TECH REPAIR TREAD MILL/FIRE $119.00 MEDLINE INDUSTRIES INC NEW STOOLS - NFD #3 $703.27 General Fund Fire Foreign Fire Tax Total $822.27 General Fund Fire Administration MUNICIPAL EMERGENCY SERVICES SAFETY VEST $200.00 SELECT SCREENPRINTS INC PRINTING SAFETY VESTS $92.00 RANEY TERMITE CONTROL INC MONTHLY SRV - NFD (X3) $100.50 AMERENIP KINGSLEY ST. SIREN $13.60 AMERENIP PINE ST. SIREN $13.60 NICOR GAS SRV- 1200 E RAAB/ NFD#3 $842.57 CORN BELT ENERGY CORP PARKSIDE SIREN $26.94 CORN BELT ENERGY CORP CD SIREN $27.06 CORN BELT ENERGY CORP RAAB RD SIREN $20.52 CORN BELT ENERGY CORP IRONWOOD SIREN $28.17 CORN BELT ENERGY CORP W. COLLEGE SIREN $26.79 CORN BELT ENERGY CORP STATION 3 $815.30 CHILDERS DOOR SERVICE DOOR REPAIR HDQTS/FIRE $232.60 U S MECHANICAL SERVICES NO HEAT-BLOWER MOTOR/NFD1 $606.78 SUPREME RADIO COMMUNICATIONS MICROPHONE REPAIR $157.56 TOWERS FIRE APPARATUS COMPRESSOR SERVICE- NFD $680.30 DIVERSIFIED INSPECTIONS INC ANNUAL SAFETY INSPECTIONS $3,484.32 MENARDS MISC TRUCK ACCESSORIES $12.96 SUPREME RADIO COMMUNICATIONS E-13 RADIO REPAIR $237.50 SUPREME RADIO COMMUNICATIONS RADIO REPAIR $190.00 SUPREME RADIO COMMUNICATIONS RADIO REPAIR $45.00 GLOBAL EMERGENCY PRODUCTS INC REPAIRS T-12/FIRE $370.81 GLOBAL EMERGENCY PRODUCTS INC AUTO EJECT $206.48 VAN HOOK UPHOLSTERY TRUCK SEAT REPAIRS/FIRE $560.00 WALMART COMMUNITY BRC DOCUMENT HOLDER $7.53 1ST AYD CORPORATION CITRA SHINE $166.72 MUNICIPAL EMERGENCY SERVICES HEAT SENSOR LABELS $178.84 MILLER JANITOR SUPPLY TP, JUG PUMP - 33NCH/FD3 $101.86 MILLER JANITOR SUPPLY SHOP TOWELS-33NCH/NFD 3 $249.30 BIG HOOK CRANE SERVICE INC TRUCK CRANE, RIGGING, $857.00 BROMENN HEALTHCARE PHARMACY CHGS - NFD $192.77 MERLE PHARMACY INC ONE TOUCH - NFD SUPPLIES $224.40 MEDLINE INDUSTRIES INC MISC MEDICAL SUPPLIES $338.96 MEDLINE INDUSTRIES INC MEDICAL SUPPLIES - NFD $952.42 General Fund Fire Administration Total $12,261.16 General Fund Public Works Engineering CARDMEMBER SERVICE SOCHOTSKY,URISA MEMBERSHI $175.00 CARDMEMBER SERVICE SOCHOTSKY,ILGISA MEMBERSH $50.00 I.S.P.E. F.ZBINDEN,MEMBERSHIP RENE $246.00 CARDMEMBER SERVICE HOPPER,CLASS,NOODLES & CO $10.11 CARDMEMBER SERVICE HOPPER,CLASS,LODGING @ IS $230.40 T/N PETTY CASH-FINANCE DEPT CALCULATOR $10.74 General Fund Public Works Engineering Total $722.25 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 6

Vendor Name Description Transaction Amount General Fund Public Works Administration GETZ FIRE EQUIPMENT RESTOCK MEDICAL- PW/MAINT $137.10 CARDMEMBER SERVICE IL SOC OF PROF ENG MIKE H $246.00 DENNY'S DOUGHNUTS & BAKERY RETIREMENT-COOKIES/CAKE $98.95 CARDMEMBER SERVICE FARM & FLEET CERAMIC HEAT $29.99 CARDMEMBER SERVICE WALMART SUPPLIES/RETIREME $56.11 Ed Fleming REIMBURSEMENT FOR SODAS & $154.90 General Fund Public Works Administration Total $723.05 General Fund Public Works Road & Bridge LAESCH ELECTRIC INC SIGNAL MAINT - NOV/09 $4,150.77 General Fund Public Works Road & Bridge Total $4,150.77 General Fund Public Works Equipment Maintenance RED WING SHOE STORE BOOTS - K SIMPSON $120.00 RED WING SHOE STORE BOOTS - DAVE OLSON $103.00 RED WING SHOE STORE BOOTS - JARROD WINDHORN $106.00 CINTAS CORPORATION #396 TWLS/SUPPLIES - PUB WKS $46.47 CINTAS CORPORATION #396 TWLS/SUPPLIES - PUB WKS $44.97 CINTAS CORPORATION #396 TWLS/SUPPLIES - PUB WKS $44.97 CINTAS CORPORATION #396 TWLS/SUPPLIES - PUB WKS $44.97 ACE HARDWARE ARMORED CONNECTORS $7.99 ALTORFER INC RING $0.82 ALTORFER INC PULLEY, BALL-BEARINGS, $232.36 AUTO GLASS CENTER SERVICE - A2 $218.66 TRUCKS INC REPAIRS - UNIT 15 $409.55 DENNISON CORPORATION REPL AIR CLNR ASSY - N81 $394.87 DENNISON CORPORATION ALTERNATOR ASY, CAP ASY $440.85 DENNISON CORPORATION LICENSE PLATES LIGHTS $18.64 DENNISON CORPORATION DUST SHIELD $19.30 DENNISON CORPORATION WHEEL ASY, WHEEL COVERS $346.22 DENNISON CORPORATION ENGINE CHECKED - S10 $42.50 DENNISON CORPORATION TENSIONER FOR N-71 $47.18 DENNISON CORPORATION ABS SENSOR - WIRE BROKEN $127.50 FASTENAL COMPANY PIPE TAP $30.38 FASTENAL COMPANY PARTS/SUPPLIES - SHOP $558.55 FASTENAL COMPANY HEX CAP SCREWS $18.52 KEY EQUIPMENT & SUPPLY CO PTO SOLENOID VALVE, FRGHT $200.36 KEY EQUIPMENT & SUPPLY CO RUBBER MOUNTS $61.85 KOENIG BODY & EQUIPMENT INC HYDRO SOLENOID $210.00 KOENIG BODY & EQUIPMENT INC ROCKER SWITCH , BUTTON $93.87 LEMAN'S CHEVY CITY IGNITION CYLINDER REPLACE $751.29 MOTION INDUSTRIES INC BALL BEARINGS $275.87 MOTION INDUSTRIES INC O-RINGS PACK $1.21 MUTUAL WHEEL CO LAMP KIT $90.30 MUTUAL WHEEL CO MARKER LAMPS $5.64 MUTUAL WHEEL CO BUDD UNIMNT $149.90 TERMINAL SUPPLY CO HOSE CLAMPS, LED BULBS, $105.37 BENNINGTON TRUCK PARTS BRAKE ALCOHOL $35.88 DON OWEN TIRE SERVICE INSIGNIA TIRES $265.12 DON OWEN TIRE SERVICE 4 - FIRESTON TIRES $439.28 DON OWEN TIRE SERVICE RE-CAPS (FOR STOCK) $1,240.00 DON OWEN TIRE SERVICE TIRE CHANGES, REPAIR $228.50 DON OWEN TIRE SERVICE TIRE CHANGES / REPAIR $380.25 DON OWEN TIRE SERVICE SVC CALL, REPAIRS -S45 $124.50 JOE'S TOWING & RECOVERY 04 INTL TOWED TO PRAIRIE $95.00 WHERRY MACHINE & WELDING INC FUEL TANK REPAIR - S29 $126.00 PRAIRIE ARCHWAY INT'L TRUCKS CLAMP $20.57 PRAIRIE ARCHWAY INT'L TRUCKS ADJUSTERS $141.84 PRAIRIE ARCHWAY INT'L TRUCKS COIL SWITCH $37.36 PRAIRIE ARCHWAY INT'L TRUCKS DIFFERENTIAL REPAIR $1,683.42 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 7

Vendor Name Description Transaction Amount CARQUEST AUTO PARTS OF BLM IL INC BRACKET FOR N-52 $4.24 CARQUEST AUTO PARTS OF BLM IL INC COIL $40.98 CARQUEST AUTO PARTS OF BLM IL INC W/W SOLVENT $26.82 CARQUEST AUTO PARTS OF BLM IL INC BATTERY $82.55 CARQUEST AUTO PARTS OF BLM IL INC GREASE $59.40 CARQUEST AUTO PARTS OF BLM IL INC ELEC FUEL PUMP $101.99 CARQUEST AUTO PARTS OF BLM IL INC CREDIT - CORE RETURN ($30.00) CARQUEST AUTO PARTS OF BLM IL INC CREDIT - CORE RETURN ($10.00) CARQUEST AUTO PARTS OF BLM IL INC DUCT TAPE $24.10 ILLINOIS OIL MARKETING EQUIP INC FLEET LINK PARTS $793.42 CERTIFIED LABORATORIES LOK-CEASE AEROSOL $177.10 PETERBILT ILLINOIS TRANSMISSION REPAIRS- #29 $250.76 PETERBILT ILLINOIS T/S SWITCH - A20 $69.95 General Fund Public Works Equipment Maintenance Total $11,778.96 General Fund Public Works Streets RED WING SHOE STORE BOOTS - ALLAN WOOD $100.00 LAESCH ELECTRIC INC SIGNAL MAINT-NOV/09 $2,964.64 LKM MOWING & LANDSCAPING ICEMELT- JUV DET CENTER $1,258.75 HEARTLAND BEHAVIORAL HEALTH MEDICAL EXAM $350.00 LEXINGTON FORD LLC TRUCK TEST - S9 $19.50 AMERENIP REPL POLE, INSTALL ST LT $1,100.00 CORN BELT ENERGY CORP STREET LIGHTS $6,884.36 CORN BELT ENERGY CORP TRAFFIC SIGNALS $568.63 FASTENAL COMPANY PLOW BOLTS $182.00 George A Wood REIMBURSEMENT CDL RENEWAL $50.00 ACE HARDWARE DRILL BIT $4.87 ACE HARDWARE 24" ALUM PUSHER $17.44 ACE HARDWARE HILLLMAN FASTENERS $1.83 ACE HARDWARE SCRW DRY PHLCR $9.75 ACE HARDWARE COUPLERS $7.83 ACE HARDWARE CONNECTORS $5.66 CENTRAL ILLINOIS TRUCKS INC SS HOSE CLAMP $6.54 FASTENAL COMPANY DEMING DRILL $52.02 BILL'S KEY & LOCK SHOP KEY (PW) $1.72 CONRAD SHEET METAL CO FABRICATE CAP $52.00 INNOTECH COMMUNICATIONS CAR CHARGER $19.99 MATHIS KELLY CONSTRUCTION WEDGE ANCHORS $5.04 MENARDS COUPLING, 90D ELBOW, $17.58 MENARDS 2X4, THERMOSTAT, SCREWS $140.26 MENARDS 2X4 LUMBER $33.71 MENARDS 50' CABLE, HANDY BOX, $25.44 CARDMEMBER SERVICE RECYCLED OFFICE FURNITURE $349.80 CARDMEMBER SERVICE AVANTI'S LEAFRAKERS APPRE $166.70 Tim Richards MAILBOX REIMB $35.00 Ann Ulitzsch MAILBOX REIMB $35.00 Steve Simons REIMBURSEMENT MAILBOX 230 $35.00 Ann Ulitzsch MAILBOX REIMB ($35.00) Debra Porter MAILBOX REIMBURSEMENT 314 $35.00 TRAFFIC SIGN STORE STREET, PARKING SIGNS $269.50 TRAFFIC SIGN STORE RED/WHT-NO PKG ANY TIME $33.00 TRAFFIC SIGN STORE ST NAME, NO PKG THIS SIDE $240.50 HICKSGAS BLOOMINGTON INC 2 - 33# CYLINDERS $46.50 KOENIG BODY & EQUIPMENT INC ANTI-ICE SYSTEM $2,246.00 MCLEAN COUNTY ASPHALT COLDMIX / UPM $222.27 MCLEAN COUNTY ASPHALT COLDMIX / UPM $379.44 MCLEAN COUNTY ASPHALT COLDMIX / UPM $324.57 General Fund Public Works Streets Total $18,262.84 General Fund Public Works Waste Removal ADS OF BLOOMINGTON MSW SERVICE - DEC,2009 $39,748.95 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 8

Vendor Name Description Transaction Amount AMERICAN PEST CONTROL PIGEON SRV - RECYCLE CNTR $70.00 AMERICAN PEST CONTROL PIGEON SRV- MAIN/HOVEY $100.00 CHILDERS DOOR SERVICE DOOR SRV - RECYCLE BLDG $185.36 MILL CREEK TRUCKING INC HAULING SRV: DEC,2009 $4,276.00 ADVANCED TECHNOLOGY RECYCLING MONITORS, ELEC SCRAP $788.40 HERITAGE CRYSTAL CLEAN DRUM MOUNT-16 GAL $216.45 ACE HARDWARE 4" BRASS NOZZLE $6.99 CARDMEMBER SERVICE FARM & FLEET JUMP STARTER $74.47 Bhavana Kandikattu TOTER REFUND-LOST CART $57.00 General Fund Public Works Waste Removal Total $45,523.62 General Fund Parks & Recreation Tournament CORN BELT ENERGY CORP CONCESS @ CHAMPION $35.03 CARDMEMBER SERVICE CREDIT FROM ASA CONF HOTE ($59.95) General Fund Parks & Recreation Tournament Total ($24.92) General Fund Parks & Recreation Recreation/Athletic Prog BILL'S KEY & LOCK SHOP KEYS (PARKS / REC) $10.32 MINERVA SPORTSWEAR ADLULT FLAG FOOTBALL $112.75 General Fund Parks & Recreation Recreation/Athletic Prog Total $123.07 General Fund Parks & Recreation Recreation/Youth Programs CARDMEMBER SERVICE SUPPLIES $36.49 DENNY'S DOUGHNUTS & BAKERY COOKIES, DOUGHNUTS-P/REC $12.00 DENNY'S DOUGHNUTS & BAKERY COOKIES, DOUGHNUTS-P/REC $12.00 WALMART COMMUNITY BRC SUPPLIES $28.25 WALMART COMMUNITY BRC SUPPLIES $25.82 WALMART COMMUNITY BRC SUPPLIES $7.50 WALMART COMMUNITY BRC SUPPLIES $24.10 WALMART COMMUNITY BRC SUPPLIES $62.63 CARDMEMBER SERVICE SUPPLIES $12.68 CARDMEMBER SERVICE SUPPLIES $12.67 CARDMEMBER SERVICE SUPPLIES $11.99 CARDMEMBER SERVICE SUPPLIES $10.38 General Fund Parks & Recreation Recreation/Youth Programs Total $256.51 General Fund Parks & Recreation Recreation/Special Events CJ'S CATERING BREAKFAST W/SANTA $714.15 WALMART COMMUNITY BRC SUPPLIES $152.96 CARDMEMBER SERVICE SUPPLIES $86.00 General Fund Parks & Recreation Recreation/Special Events Total $953.11 General Fund Parks & Recreation Aquatics NICOR GAS AAC $799.26 ARMATURE MOTOR & PUMP CO INC PUMP MOTOR, SEAL KIT $225.00 General Fund Parks & Recreation Aquatics Total $1,024.26 General Fund Parks & Recreation Golf Course CORN BELT ENERGY CORP IRNWD CLBHSE $803.27 COMCAST OF CHICAGO INC INTERNET SVC-IRONWOOD $89.00 CINTAS CORPORATION #396 CARPET SRV, TP - IRNWOOD $22.39 CINTAS CORPORATION #396 RESTROOM SVC - IRNWOOD $96.25 CINTAS CORPORATION #396 CARPET, TP - IRNWOOD $22.39 TWIN CITY GLASS & MIRROR GLASS FOR IRNWD STORE RM $137.05 WALMART COMMUNITY BRC SUPPLIES $175.60 FAMOUS DAVE'S GOLF EVENT - IRONWOOD $109.75 General Fund Parks & Recreation Golf Course Total $1,455.70 General Fund Parks & Recreation Recreation/Teen Programs MINERVA SPORTSWEAR SHIRTS-GR/SCHOOL BSK/BALL $2,027.25 CARDMEMBER SERVICE IPASS TOLL VIOLATION FEE $61.90 CARDMEMBER SERVICE SUPPLIES $20.70 General Fund Parks & Recreation Recreation/Teen Programs Total $2,109.85 General Fund Parks & Recreation Golf Course Maintenance CORN BELT ENERGY CORP IRNWD IRRIG. $336.11 CORN BELT ENERGY CORP IRNWD MAINT. $187.62 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 9

Vendor Name Description Transaction Amount BLOOMINGTON BTB OIL FILTERS $111.73 CNH CAPITAL BATTERIES,FILTERS, T/OIL $77.58 LAWSON PRODUCTS INC HVY DUTY CLN KEYNOTE $184.18 CARDMEMBER SERVICE SUPPLIES $49.99 CARDMEMBER SERVICE CONFERENCE FEE/AIRFARE $674.40 HICKSGAS BLOOMINGTON INC BULK LP (NORMAPA) $287.46 LAWSON PRODUCTS INC COLD WTR PLYPRPY LN RTRCT $204.14 CARDMEMBER SERVICE SUPPLIES $353.71 CARDMEMBER SERVICE SUPPLIES $169.73 General Fund Parks & Recreation Golf Course Maintenance Total $2,636.65 General Fund Parks & Recreation Rec.- Before/After School DENNY'S DOUGHNUTS & BAKERY COOKIES, DOUGHNUTS-P/REC $36.00 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM:10/19-12/18 $470.40 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM: 10/19-12/18 $254.80 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM: 10/19-12/18 $151.20 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM: 10/19-12/18 $548.00 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM: 10/19-12/18 $426.00 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM: 10/19-12/18 $503.20 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM: 10/19-12/18 $402.40 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM: 10/19-12/18 $239.60 S & S WORLDWIDE INC FLAG FOOTBALL PAKS, BALLS $412.77 WALMART COMMUNITY BRC SUPPLIES $601.88 WALMART COMMUNITY BRC SUPPLIES $878.37 CARDMEMBER SERVICE SUPPLIES $950.59 ADRIENNE ALT SCHOOL SUPPLIES $16.15 General Fund Parks & Recreation Rec.- Before/After School Total $5,891.36 General Fund Parks & Recreation Administration PANTAGRAPH #0945229- EQUIP TECH AD $528.04 JOURNAL STAR EQUIPMENT TECHNICIAN AD $639.78 PRAIRIE SIGNS INC ADOPT-A-STREET SIGNS $150.00 STATE JOURNAL REGISTER EQUIPMENT TECHNICIAN AD $602.44 ILL ASSOCIATION OF PARK DISTRICTS 2010 MEMBERSHIP DUES $781.38 CARDMEMBER SERVICE HILTON-CONFERENCE $131.56 CARDMEMBER SERVICE STATE CONFERENCE EXPENSES $563.12 CARDMEMBER SERVICE STATE CONFERENCE EXPENSES $356.56 CARDMEMBER SERVICE STATE CONFERENCE REGISTRA $356.56 CARDMEMBER SERVICE STATE CONF EXPENSES-LITTL $613.12 KEVIN SMITH TUITION & BOOK $1,719.85 JEAN'S FLOWER BASKET HOLIDAY ARRANGMNT-HANSON $36.00 CARDMEMBER SERVICE SUPPLIES $39.74 CARDMEMBER SERVICE GASOLINE $12.00 General Fund Parks & Recreation Administration Total $6,530.15 General Fund Parks & Recreation Parks Maintenance RED WING SHOE STORE BOOTS - R POWELL (P/REC) $120.00 CARDMEMBER SERVICE SUPPLIES $74.99 NICOR GAS ANNEX BARN $540.76 CORN BELT ENERGY CORP MXWELL FLD 1-4 $357.41 CORN BELT ENERGY CORP SIGN-W.COLLEGE $23.91 CORN BELT ENERGY CORP HORSESHOE PIT $209.49 CORN BELT ENERGY CORP SIGN-IRNWD PK $32.71 CORN BELT ENERGY CORP MXWELL W. CONCESS $664.57 CORN BELT ENERGY CORP IRNWD BB DIAM $150.04 CORN BELT ENERGY CORP MAXWLL S. CONCESS $79.52 CORN BELT ENERGY CORP MXWELL S. BALL S $85.15 CORN BELT ENERGY CORP MXWELL PK SHELTER $85.94 CORN BELT ENERGY CORP MXWELL PK TENNIS $65.72 CORN BELT ENERGY CORP SAFETY TOWN $20.52 CORN BELT ENERGY CORP SHED @ CHAMP. $26.67 SPRINGFIELD ELECTRIC CO FREIGHT CHG-ON PREV INV $5.42 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 10

Vendor Name Description Transaction Amount ACE HARDWARE SUPPLIES - PARKS/REC $45.68 DUNMIRE EQUIPMENT CO AIR, FUEL, OIL FILTERS $268.75 JOPAC COMPANIES SPARK PLUGS $5.99 JOPAC COMPANIES CLNR, ANTFRZE, HAND TOOL $40.50 JOPAC COMPANIES FILTERS, PLUGS, SPIN/ON $46.30 CNH CAPITAL BATTERIES,FILTERS, T/OIL $590.27 DON OWEN TIRE SERVICE TIRE SVC, TUBE (P/REC) $37.14 DON OWEN TIRE SERVICE JD TIRE TUBES $34.28 REDNECK INC TURN SIGNAL LIGHT $5.56 TEVOERT AUTO ELECTRIC CO REBUILD BOSCH STARTER $125.99 INTERSTATE ALL BATTERY CENTER MTP-65 BATTERIES $179.90 MIDWEST EQUIPMENT II PLUGS,FILTERS-(STIHL SAW) $40.08 MIDWEST EQUIPMENT II AIR FILTER KIT (FOR SAW) $24.57 MIDWEST EQUIPMENT II CREDIT/RET - PTO SWITCH ($23.69) MIDWEST EQUIPMENT II BAR AND CHAIN $66.54 CARDMEMBER SERVICE SUPPLIES $25.16 MARTIN BROTHERS V- BELTS $122.00 NORD OUTDOOR POWER CORP HYPR OIL $34.99 NORD OUTDOOR POWER CORP LUG NUTS, SCREWS, PUSHNUT $30.53 NORD OUTDOOR POWER CORP PIN CLEVIS $29.20 PRAXAIR DISTRIBUTION INC CYLINDER RENTAL (P/REC) $68.80 ACE HARDWARE SUPPLIES - PARKS/REC $146.24 FASTENAL COMPANY 6" NARR COARSE WHEEL $8.08 MOTION INDUSTRIES INC 60'PWR/CLN HOSE ASSY $124.59 BILL'S KEY & LOCK SHOP KEYS - FFAC $3.44 BILL'S KEY & LOCK SHOP KEYS (SIGN SHOP) $25.80 ILLINOIS STANDARD PARTS INC DRILL BITS, BULBS, TIES $111.29 ILLINOIS STANDARD PARTS INC PAINT, TAPE, TIES, SCREWS $161.92 MILLER JANITOR SUPPLY MOP,CLEANER - 16NPR00 $23.89 PRAXAIR DISTRIBUTION INC FLAP DISC, CUT WHEEL $76.65 CARDMEMBER SERVICE SUPPLIES $47.53 JOPAC COMPANIES GEAR OIL $13.32 GROWING GROUNDS BLUE SPRUCE $174.99 GROWING GROUNDS FELCO BLADE $14.44 MIDWEST ARBORIST SUPPLIES TREE SUPPLIES $1,843.00 KARL KUEMMERLING INC 5/8" ARBORPLEX $159.19 AUDREY NAFFZIGER TREE REFUND $60.00 SCOTT AND JANETTE BRUNS TREE REFUND $60.00 CRESCENT ELECTRIC SUPPLY CO LABELING TOOL $155.57 LAWSON PRODUCTS INC ANGLE LIGHT $67.15 General Fund Parks & Recreation Parks Maintenance Total $7,618.45 General Fund Parks & Recreation Children's Disc Museum AMERENIP ELEC-CDM 11/12-12/14 2009 $4,266.40 NICOR GAS CDM 11/20 - 12/22 2009 $1,135.50 REGENT COMMUNICATIONS INC CDM ADS (ACCT 25945) $480.00 REGENT COMMUNICATIONS INC WBNQ- CDM ADS (#25945) $540.00 GREAT PLAINS MEDIA WRPW-FM HOLIDAY GREETINGS $250.00 UNITED STATES POSTAL SERVICE POSTAGE - $2,000.00 ACE HARDWARE SUPPLIES - PARKS/REC $76.48 JMC GLASS & MIRROR INC DISPLAY CASE REPAIR- CDM $327.56 WALMART COMMUNITY BRC SUPPLIES $6.68 WALMART COMMUNITY BRC SUPPLIES $25.97 WALMART COMMUNITY BRC SUPPLIES $126.24 WALMART COMMUNITY BRC SUPPLIES $50.37 WALMART COMMUNITY BRC SUPPLIES $45.08 WALMART COMMUNITY BRC SUPPLIES $94.68 WALMART COMMUNITY BRC SUPPLIES $8.16 WALMART COMMUNITY BRC SUPPLIES $54.49 WALMART COMMUNITY BRC CDM SUPPLIES $28.30 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 11

Vendor Name Description Transaction Amount WALMART COMMUNITY BRC CDM SUPPLIES $10.00 WALMART COMMUNITY BRC CDM SUPPLIES $139.35 WALMART COMMUNITY BRC CDM SUPPLIES $88.84 WALMART COMMUNITY BRC CDM SUPPLIES $122.16 WALMART COMMUNITY BRC CDM SUPPLIES $6.56 WALMART COMMUNITY BRC CDM SUPPLIES $29.97 CARDMEMBER SERVICE HOMESCHOOL SUPPLIES $336.51 CARDMEMBER SERVICE HS SUPPLIES $80.99 CARDMEMBER SERVICE AMAZON $14.18 CARDMEMBER SERVICE JEFFREY ALANS $3.99 CARDMEMBER SERVICE HS SUPPLIES $52.13 CARDMEMBER SERVICE LESSON PLANET $39.95 CARDMEMBER SERVICE NOON YEAR $187.10 CARDMEMBER SERVICE STRAP CLIPS $30.50 CARDMEMBER SERVICE PINS-GIFTS $285.03 CARDMEMBER SERVICE CRAFT SUPPLIES $128.11 CARDMEMBER SERVICE TABLECLOTHS $325.16 CARDMEMBER SERVICE SUPPLIES $219.49 CARDMEMBER SERVICE NOON YEAR $27.20 CARDMEMBER SERVICE CLASS SUPPLIES $81.75 General Fund Parks & Recreation Children's Disc Museum Total $11,724.88 General Fund Parks & Recreation Theater CITY OF BLOOMINGTON FOOD/BEVERAGE TAX $81.00 ILLINOIS DEPARTMENT OF REVENUE SALES TAX $300.00 NICOR GAS ACCT # 79-72-62-2000 1 TH $191.23 PANTAGRAPH THEATER ADS $2,311.02 PARAMOUNT THEATRICAL DIST BREAKFAST AT TIFFANY'S $250.00 PARAMOUNT THEATRICAL DIST IT'S A WONDERFUL LIFE $1,854.55 PARAMOUNT THEATRICAL DIST SABRINA (RENTAL) $250.00 SONY PICTURES ENTERTAINMENT OUR MAN IN HAVANA $250.00 SONY PICTURES ENTERTAINMENT NONE SHALL ESCAPE $250.00 WARNER BROS DISTRIBUTING TREASURE OF S MADRE, THEY $950.00 WARNER BROS DISTRIBUTING ADV ROBIN, ARSENIC & O, $1,144.30 DHL AIR & OCEAN CHRISTMAS STORY $69.60 DHL AIR & OCEAN NAT'L LAMPOONS XMAS $102.35 DHL AIR & OCEAN IT HAPPENED ON 5TH $102.35 DHL AIR & OCEAN SLIPPERY/A PLUMBING/DISOR $99.54 DHL AIR & OCEAN HOI POLLOI $102.03 DHL AIR & OCEAN POP GOES EASEL/BRIDLESS G $102.03 DHL AIR & OCEAN VIOLENT IS WORD/AN ACHE $102.03 DHL AIR & OCEAN STELLAS DALLAS $102.03 FOCUS FEATURES PIRATE RADIO $250.00 REGENT COMMUNICATIONS INC WJBC- THEATER / #69657 $120.00 ROADSIDE ATTRACTIONS LLC SEPTEMBER ISSUE $250.00 FREESTYLE RELEASING THAT EVENING SUN $150.00 HERE MEDIA INC DEPARTURES $300.00 ACE HARDWARE SUPPLIES - PARKS/REC $8.78 MILLER JANITOR SUPPLY SUPPLIES - THEATER/16NPR $341.46 BURKLUND DISTRIBUTORS INC CANDY FOR RESALE/ #17304 $733.08 CONCESSION SPECIALISTS POPCORN SUPPLIES-THEATER $240.85 CONCESSION SPECIALISTS POPCORN SUPPLIES-THEATER $60.85 PEPSI COLA GENERAL BOTTLERS SODA,CUPS- THEATER/63019 $460.69 WALMART COMMUNITY BRC SUPPLIES $75.54 SPECIALTY IMPORT DISTRIBUTING BTL WATER FOR RESALE $121.80 General Fund Parks & Recreation Theater Total $11,727.11 General Fund $678,439.26 Motor Fuel Tax Fund Public Works Motor Fuel Tax FARNSWORTH GROUP PLAN CHG- BIKE TRAIL $1,919.00 Motor Fuel Tax Fund Public Works Motor Fuel Tax Total $1,919.00 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 12

Vendor Name Description Transaction Amount Motor Fuel Tax Fund $1,919.00 Community Development Fd Community Development Administration WESTERDAHL, STEVEN MILEAGE JUNE, JULY, AUG, $128.23 NICOR GAS UNITY CENTER $140.30 NICOR GAS UNITY CENTER $39.77 HEARTLAND COMMUNITY COLLEGE CHILD ASSISTANCE - FALL $766.00 LANDMARK LAUNDRY UNITY CENTER - JAN,2010 $1,250.00 T/N PETTY CASH-FINANCE DEPT RECORDING FEES $21.00 Community Development Fd Community Development Administration Total $2,345.30 Community Development Fd $2,345.30 Park Land Dedication Fund Parks & Recreation Park Land Dedication FARNSWORTH GROUP SHEPARD PARK SPEC'S $5,735.50 Park Land Dedication Fund Parks & Recreation Park Land Dedication Total $5,735.50 Park Land Dedication Fund $5,735.50 B-N Vehicle Use Tax Fund Finance B-N Vehicle Use Tax CITY OF BLOOMINGTON USE TAX - DEC,2009 $52,534.89 B-N Vehicle Use Tax Fund Finance B-N Vehicle Use Tax Total $52,534.89 B-N Vehicle Use Tax Fund $52,534.89 Capital Investment Fund Other-Capital Investment Capital Investment MCLEAN CO REG PLANNING COMM TOPOGRAPHIC MAPPING $2,827.09 JOHNSTON CONTRACTORS INC FFAC RENOVATION-OCT,2009 $64,326.38 TESTING SERVICE CORP FV AQUATIC CNTR RENOVATN $177.50 WILLIAMS ASSOCIATES ARCHITECTS LTFFAC RENOVATION-OCT,2009 $4,102.74 WILLIAMS ASSOCIATES ARCHITECTS LTFFAC RENOVATION-NOV,2009 $2,858.81 MCLEAN CO HIGHWAY DEPARTMENT US RT66 BIKEWAY $14,082.03 Capital Investment Fund Other-Capital Investment Capital Investment Total $88,374.55 Capital Investment Fund $88,374.55 Junction Center Federal Grants SAFETEA-LU STARK EXCAVATING UPTOWN STREETSCAPE $39,360.41 Junction Center Federal Grants SAFETEA-LU Total $39,360.41 Junction Center Other-Capital Investment Junction Center RATIO ARCHITECTS INC MULTIMODAL TRANSP CNTR $7,854.20 RATIO ARCHITECTS INC MTC ALT PKG DECK DESIGN $14,500.00 RATIO ARCHITECTS INC NMTC AUDIOVISUAL DESIGN $29,875.00 COTTER CONSULTING INC MULTI MODAL PROJECT $8,058.99 STARK EXCAVATING UPTOWN STREETSCAPE $2,847.88 Junction Center Other-Capital Investment Junction Center Total $63,136.07 Junction Center $102,496.48 Uptown Roads Other-Capital Investment Roads & Storm Sewers STARK EXCAVATING WEST NORTH STREETSCAPE $80,016.06 STARK EXCAVATING UPTOWN STREETSCAPE $58,782.35 RO DON CORPORATION 48" FLEX STAKES, TAPE $1,829.34 Uptown Roads Other-Capital Investment Roads & Storm Sewers Total $140,627.75 Uptown Roads $140,627.75 Uptown Program/Planning Other-Capital Investment Consultants/Studies/Misc FARNSWORTH GROUP MARRIOTT WALKWAY EASEMENT $2,097.95 FARNSWORTH GROUP GOV'T ACTIVITIES-DEC,2009 $1,000.00 PRAIRIE SIGNS INC HOTEL ENTRANCE, $1,445.00 CHG AND ASSOCIATES SECURE FED FUNDING $3,850.00 CARDOSI KIPER DESIGN GROUP WAYFINDING $10,511.44 S B FRIEDMAN & COMPANY SSA BUDGET PROJECTIONS $1,612.50 Program/Planning Other-Capital Investment Consultants/Studies/Misc Total $20,516.89 Uptown Program/Planning $20,516.89 Hotel Conference/Parking Other-Capital Investment Hotel Site JQH NORMAL DEVELOPMENT LLC MARRIOTT PARKING GARAGE $32,017.00 Hotel Conference/Parking Other-Capital Investment Hotel Site Total $32,017.00 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 13

Vendor Name Description Transaction Amount Hotel Conference/Parking $32,017.00 Water Fund WATER PRODUCTS CO OF ILLINOIS 8" HYDRA-STOP $1,110.00 WATER PRODUCTS CO OF ILLINOIS VARIOUS SZ- REPAIR CLAMPS $1,941.00 WATER PRODUCTS CO OF ILLINOIS REPAIR CLAMPS $1,025.00 WITT, WALTER 1205 N OAK REFUND $18.63 STEPPING STONE/LINDA TOBIN 302 W VERNON AVE 4 REFUND $261.98 STEPPING STONE/LINDA TOBIN 302 W VERNON 10 REFUND $137.57 STEPPING STONE/LINDA TOBIN 609 S FELL AVE 29 REFUND $87.80 BUSEY BANK % APARTMENT MART 1570 HUNT B8 REFUND $20.49 SUNNYLAND PIZZA INC 305 W BEAUFORT B REFUND $27.11 ZIMMERMAN, BETSY 3 ALEXANDER CT REFUND $5.98 D & R LEASING LLC% RONALD METZ 1717 FT JESSE RD REFUND $6.90 MARKS, CHARLOTTE 101 N ORR DR #5 REFUND $6.44 MCLAUGHLIN, ALAN & WILMA 101 S GROVE REFUND $11.05 CASTRISCHER, KAREN 700 N ADELAIDE 4 REFUND $9.66 CASTRISCHER, KAREN 700 N ADELAIDE #8 REFUND $8.89 ABSHIRE, DONALD 208 REBECCA LN REFUND $9.51 HINES, DEAN 221 RISS DR REFUND $45.11 EPIPHANY CHURCH 1006 E COLLEGE AVE REFUND $22.30 EPIPHANY CHURCH 1000 E COLLEGE AVE REFUND $285.15 SANDHU, CHARANJIT 215 BELVIEW AVE REFUND $130.00 SACCO, MONICA 1418 CHADWICK DR REFUND $8.26 MIKE COSENZA 102 S LINDEN UPPER REFUND $142.82 B-N WATER RECLAMATION DISTRICT RECEIPTS $157,495.91 B-N WATER RECLAMATION DISTRICT MMMA RECEIPTS $13,771.05 Water Fund Total $176,588.61 Water Fund Water Administration MIDWEST MAILING & SHIPPING FOLDER INSERTER (2/10-11) $1,068.00 DIGITAL COPY SYSTEMS LLC COPIER: JAN/19-FEB18 (10) $52.27 H&H INDUSTRIES INC OPTI-TEK, SHIPPING $136.99 VERIZON NORTH WATER ADMIN $96.47 VERIZON WIRELESS - PA ACCT 879315707-00001 $231.61 PAETEC BUSINESS SERVICES WATER ADMIN $5.80 BLOOMINGTON OFFSET PROCESS 31,000 STATMENT FORMS $980.00 SERVICE ENVELOPE CORP #10 STD WINDOW ENVELOPES $224.50 SERVICE ENVELOPE CORP #10 STD WINDOW ENVELOPES $48.00 Water Fund Water Administration Total $2,843.64 Water Fund Water Distribution NICOR GAS 700 E PINE ST - DECEMBER $602.15 METAMORA TELEPHONE CO PAGING SERVICES - JANUARY $48.60 MCLEAN COUNTY ASPHALT COLDMIX / UPM $1,044.39 KEY EQUIPMENT & SUPPLY CO ROTARY TENSIONER, SHEAVE $800.00 KEY EQUIPMENT & SUPPLY CO ROTARY TENSIONER, SHEAVE $17.05 REDNECK INC MULTI TOW, LIGHT BULBS, $67.01 MIDWEST EQUIPMENT II CARBURETOR REPAIR $113.16 MARTIN BROTHERS WATER PUMP $245.00 VERIZON NORTH WATER DISTRIBUTION $31.36 PRAXAIR DISTRIBUTION INC CYLINDER RENTAL $27.95 ACE HARDWARE SUPPLIES - WATER DEPT $42.37 ALEXANDER LUMBER COMPANY 18" WOOD STAKES, 2X4 $17.29 CASEY'S GARDEN SHOP INC PLANTER - LUESCHEN BABY $36.00 MENARDS 110W COLD TEMP, CABLE TIE $59.98 NORTHERN WATER WORKS SUPPLY INC1 1/2 T10 REGISTER $314.32 NORTHERN WATER WORKS SUPPLY INCRUBBER MTR, METER FLG $84.38 NORTHERN WATER WORKS SUPPLY INCRUBBER MTR, METER FLG $46.98 Robert Miller REIMB - GROCERY ITEMS $30.50 Robert Miller REIMB - GROCERY ITEMS $31.69 EVERGREEN FS INC. DIESELEX - WTR/#4675500 $820.30 Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 14

Vendor Name Description Transaction Amount MARTIN BROTHERS SALT SPREADER $440.00 MARTIN BROTHERS SALT SPREADER $440.00 CLARK DIETZ INC WTR MAIN/WELL REPLC-NOV09 $6,392.50 JIM JONES ELECTRIC INC ELEC WORK - MAINT SHED $1,470.00 HOMETOOL LLC GENERATOR, SWITCH,BATTERY $3,508.00 Water Fund Water Distribution Total $16,730.98 Water Fund Water Treatment DIRECT ENERGY SERVICES LLC 107 E MULBERRY - NOVEMBER $423.60 WATER PRODUCTS CO OF ILLINOIS 4" GASKET, 5/8 ROD $90.60 CLARK & BARLOW HIGH TEMP TORCH HEAD $104.48 SPRINGFIELD ELECTRIC CO ELECTRICAL (WTR) $48.68 SPRINGFIELD ELECTRIC CO WIRE CONNECTORS $18.99 ALLIED ELECTRONICS INC INDICATOR LAMP SOCKETS $17.88 ALLIED ELECTRONICS INC INDICATOR LAMP SOCKETS $6.64 DRYDON EQUIPMENT INC YRLY INSPCTN-ACTUATOR #1 $188.12 DATAFORTH CORPORATION SIGNAL CONDITIONER $269.00 VERIZON NORTH WATER TREATMENT $61.80 PAETEC BUSINESS SERVICES WATER TREATMENT $4.23 PRAXAIR DISTRIBUTION INC OXYGEN (WTR DEPT) $27.75 PRAXAIR DISTRIBUTION INC CYLINDER RENTAL $27.95 MICKEY'S LINEN TWLS/SUPPLIES- WTR/4474-1 $30.72 MICKEY'S LINEN TWLS/SUPPLIES (#4474-1) $31.75 ACE HARDWARE SUPPLIES - WATER DEPT $197.25 CLARK & BARLOW HARDWARE PART $9.68 CRESCENT ELECTRIC SUPPLY CO FUSEHOLDER, MIDGET FUSES, $117.64 CRESCENT ELECTRIC SUPPLY CO POTENTIOMETER $131.36 CRESCENT ELECTRIC SUPPLY CO NUT DRIVER SET, SQZ BTL $63.44 MATHIS KELLY CONSTRUCTION YELLOW BOOTS $19.35 MCMASTER-CARR SUPPLY CO PVC TUBING, GASKET $159.66 MENARDS BOUNTY, GRILL SCRAPER $17.81 MENARDS CASH BOX $19.99 MENARDS 1 X 4- STANDARD BD $16.72 SPRINGFIELD ELECTRIC CO BOXED CONNECTORS $49.25 WALMART COMMUNITY BRC GROCERY ITEMS - TREATMENT $22.25 IDEXX COLISURE 20T IRRADIATED $401.00 OFFICE DEPOT INC MARKERS, INK CARTRIDGES $60.94 BRADFORD SUPPLY CO GRANULAR $260.19 PRISTINE WATER SOLUTIONS AQUADENE $2,277.00 PRISTINE WATER SOLUTIONS AQUADENE $2,514.60 US ALUMINATE COMPANY INC LIQ ALUMINUM SULFATE $5,234.75 BRENNTAG MID-SOUTH INC LIQUID CHLORINE $1,684.00 PAIN ENTERPRISES INC BULK CO2 $1,576.38 HICKMAN,WILLIAMS & COMPANY 26.43 TN LIME $3,607.70 HICKMAN,WILLIAMS & COMPANY 23.76 TN LIME $3,243.24 HICKMAN,WILLIAMS & COMPANY 25.33 TN LIME $3,457.55 HICKMAN,WILLIAMS & COMPANY 25.21 TN LIME $3,441.17 CONTROL-TECH INC INFLUENT DP TRANSMITTER $913.26 TRI-STATE PUMP INC PACO SEAL HOUSING,RINGKIT $796.00 TRI-STATE PUMP INC PACO SEAL HOUSING,RINGKIT $25.00 Water Fund Water Treatment Total $31,669.37 Water Fund $227,832.60 Water Capital Investment Water Capital Investment KICKAPOO DRILLING CO WELL 103-LEVEL MEASUREMNT $187.50 STARK EXCAVATING UPTOWN STREETSCAPE $10,322.41 BOBCAT OF BLOOMINGTON RUBBER EDGE KITS $2,482.22 Water Capital Investment Water Capital Investment Total $12,992.13 Water Capital Investment $12,992.13 Sewer Fund Sewer Capital Investment Town of Normal Expenditures to be Approved for Payment as of: January 13, 2010 Page 15

Vendor Name Description Transaction Amount STARK EXCAVATING UPTOWN STREETSCAPE ($0.01) MCLEAN CO REG PLANNING COMM TOPOGRAPHIC MAPPING $1,119.26 MCLEAN CO REG PLANNING COMM TOPOGRAPHIC MAPPING $2,827.08 Sewer Fund Sewer Capital Investment Total $3,946.33 Sewer Fund Sewer Administration RAILROAD MANAGEMENT COMP LLC STORM SEWER: APR/10-11 $1,760.95 CORN BELT ENERGY CORP SEWER LIFT STATIONS $2,599.54 VERIZON NORTH SEWER $201.17 WATER PRODUCTS CO OF ILLINOIS 6" PVC MISSION BAND $23.49 MATHIS KELLY CONSTRUCTION FLO GREEN PAINT $33.87 MENARDS HEX DRILL $5.89 DETECTION INSTRUMENTS CORP SENSOR HOUSING, FILTER PK $87.29 CITY OF BLOOMINGTON SHARED SEWER CHARGES-DEC $96.90 ILLINOIS STATE UNIVERSITY COOLING TOWER USAGE $24,822.97 Sewer Fund Sewer Administration Total $29,632.07 Sewer Fund $33,578.40 Health & Dental Ins Fund Administration - City Mgr Health Insurance SUN LIFE ASSURANCE CO OF CANADA LIFE PREMIUMS- JAN,2010 $2,830.02 HCC LIFE INSURANCE COMPANY STOP LOSS PREMIUMS $15,810.77 INNOVIANT INC INNOVIANT DEC 19 - DEC 25 $11,054.59 Health & Dental Ins Fund Administration - City Mgr Health Insurance Total $29,695.38 Health & Dental Ins Fund $29,695.38 Gen Veh Replacement Fund Information Technology Administration GOVCONNECTION INC 16 PORT RACKMNT SWITCH $74.33 Gen Veh Replacement Fund Information Technology Administration Total $74.33 Gen Veh Replacement Fund Police Administration LANDMARK FORD 2010 FORD CRWN VIC/114962 $22,112.00 Gen Veh Replacement Fund Police Administration Total $22,112.00 Gen Veh Replacement Fund $22,186.33 Grand Total $1,451,291.46 TOWN COUNCIL ACTION REPORT

January 14, 2010

Motion to Waive the Formal Bidding Process and Approve a Quote from Pristine Water Solutions for a Chlorine Dioxide Generator at a Cost of $16,040.00

PREPARED BY: Steve Gerdes, Water Director

REVIEWED BY: Geoff Fruin, Assistant to the City Manager

BUDGET IMPACT: Funds in the amount of $10,000 are available from account number 502-8020-434.75-10. A budget adjustment of $6,040.00 will be required.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Quote

BACKGROUND

In September of 2007, the Water Department was informed by the Illinois Environmental Protection Agency (IEPA) that each well would need to be tested monthly for coliform bacteria and E. Coli bacteria. This sampling was initiated to provide background data in anticipation of additional federal regulations regarding water borne pathogens. Those anticipated federal regulations were scheduled to take effect in December of 2009. However, in the last year the IEPA has decided to adopt more stringent regulations than those originally proposed by the federal government.

The IEPA is now mandating that all wells used for public water supply must be coliform free. If the wells cannot meet this requirement, disinfection that will achieve 4-log removal of viruses is required. In late 2008 the staff began evaluating alternatives and performed tracer studies to determine what would be required to achieve compliance with the proposed regulations. Staff has determined that compliance at the rated plant capacity would require additional disinfection and baffling in the clearwell.

DISCUSSION/ANALYSIS

Clearwell baffles are to be installed as part of the Clearwell Piping, Baffles and Pumps Project that was bid last November. Construction of these improvements is anticipated to begin in the next few months.

Due to the levels of ammonia present in the well water, staff determined the most cost effective way to increase disinfection would be to use chlorine dioxide. The use of chlorine dioxide will not require the use of any new purchased chemicals but would require the use of a chlorine dioxide generator. The generator would use the chlorine and sodium chorite already fed and produce more effective disinfection. Testing on a bench scale showed that the chlorine dioxide would be consumed during treatment.

The Water Department has obtained a permit from the IEPA for the installation and operation of a chlorine dioxide generator. Staff has reviewed available equipment and has identified only one chlorine TOWN COUNCIL ACTION REPORT dioxide generator compatible with the existing chemical feeds systems. A quote for this equipment has been obtained from Pristine Water Solutions, Waukegon, Il. with options for purchase or lease. Other chlorine dioxide generators are available, however were not considered as they are not compatible with our chemical feed system and therefore would require additional expense to modifying those exiting units.

Staff is recommending to waive the formal bid process and accept the quote for the purchase of a chlorine dioxide generator at a total cost of $16,040.00 as well as the required budget adjustment.

December 17, 2009

Mr. Steve Gerdes Water Director Town of Normal 100 East Phoenix Ave. Normal, IL 61761

RE: CHLORINE DIOXIDE GENERATOR

Hello Steve:

Pristine Water Solutions (PWS) and I appreciate the opportunity to continue to supply our products to the Town of Normal. PWS is quoting three options for purchase or lease of our chlorine dioxide generator.

Below is a description of the generator:

The application discussed here for chlorine dioxide is for municipal potable water treatment. As the flow rate in the plant changes the generator must be able to adapt to the differing flow rates. This is either accomplished by manually adjusting the generator or automatically with a 4-20 ma signal from the plants flow meter.

The generator consists of the following materials:

• Cabinet – Holds the generating equipment. • Schedule 80 PVC piping • Booster pump • Water solenoid valve • Manual isolation valves • Chlorinator parts – Eductor, vacuum regulator • Solenoid valves – For chlorite and chlorine • Eductor for chlorite and chlorine • Mixing chamber • Vacuum switch for chlorine • Electrical control box • pH meter • ORP meter

Below is a description of the generator’s typical operation:

The electrical control box has a switch that initiates the startup of the unit. When initiated, the water solenoid valve opens as does the chemical solenoid valves. If a booster pump is used, it will also startup as long as the control switch for the pump is in the on mode.

As water flows through the unit; chlorine and sodium chlorite are educted into the water stream forming chlorine dioxide. The pH meter located on the generator indicates what the pH of the water solution is as the formation of chlorine dioxide is dependent on pH. A chlorine vacuum switch is used to indicate when the unit runs out of gaseous chlorine. This vacuum switch triggers an alarm and shuts down the solenoid valves for both the chlorine and chlorite feeds. The water solenoid valve has a delay timer installed on it and allows the system to flush with water for a specified time.

Chlorine dioxide is generated through the following reaction:

2 NaClO2 + Cl2 → 2 ClO2 + 2 NaCl

(Sodium (Chlorine) (Chlorine (Sodium Chlorite) Dioxide) Chloride)

Below are costs associated with the generator:

Option 1; Outright Purchase

Cost of the generator in one lump sum payment: $16,040.00

Option 1Notes: 1. The above cost includes delivery. 2. The above cost includes service by a qualified service technician as long as the sodium chlorite is purchased through PWS. 3. Replacement hardware is not included in the above pricing. 4. Installation is not included in the above cost; however PWS will provide installation supervision and calibration.

Option 2; Monthly Payments

Cost of the generator to be paid in 24 monthly payments: $706.00/Month

Option 2 Notes: 1. The above cost includes delivery. 2. The above cost includes service by a qualified service technician as long as the sodium chlorite is purchased through PWS. 3. Replacement hardware is not included in the above pricing. 4. Installation is not included in the above cost; however PWS will provide installation supervision and calibration. 5. The Town of Normal will own the generator outright after the last monthly payment is received.

Option 3; Lease

Monthly lease payments to lease generator: $380.00/Month

Option 3 Notes: 1. The above lease term is 60 months. 2. The above cost includes delivery. 3. The above cost includes service by a qualified service technician as long as the sodium chlorite is purchased through PWS. 4. Replacement hardware is included in the above pricing. 5. Installation and de-installation is not included in the above cost; however PWS will provide installation and de-installation supervision and calibration. 6. Pristine Water Solutions Inc. will retain ownership of the generator throughout the lease period and afterwards.

Signatures below indicate agreement with the above terms:

Option Chosen: ______

______Town of Normal Date

______Pristine Water Solutions Inc. Date

Pristine Water Solutions and I appreciate your continued interest in our products and equipment. Please let me know if you require additional information at 847-689-1100.

Best regards, PRISTINE WATER SOLUTIONS INC.

Tony Melone

Tony Melone National Sales Manager

Cc. Vince Verdone, Pristine Water Solutions Inc.

TOWN COUNCIL ACTION REPORT

January 14, 2010

Motion Referring to Planning Commission for Study and Report on Various Amendments to the Zoning Code -- Sec. 15.9 (Planned Unit Development Regulations) and Sec. 15.14 (Community Design Standards)

PREPARED BY: Mercy Davison, Town Planner

REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel Greg Troemel, Director of Inspections

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Approval

BACKGROUND

In order to encourage redevelopment of multiple family areas near the university, Town staff is recommending that the Town Council ask the Planning Commission to consider amendments to the Planned Unit Development regulations on properties near the university in the Parking Impact Zone. Potential changes include but are not limited to the following:

• Eliminating the requirement for common recreational space, thus permitting room for higher density development. • Permitting a higher maximum net density of dwellings on a site. • Increasing the permitted “floor area ratio”. • Requiring higher quality building materials and design, potentially including a minimum masonry or concrete board siding requirement and enhanced energy efficiency or sustainable design. This will ensure that structures last longer and that environmental impact is minimized. • Reducing the school land and park land fees required for each unit. For example, rather than charging a developer for each new unit, a fee could be assessed only for the number of units in excess of the existing units on the site. This would help offset the higher costs of redevelopment.

Town staff is also recommending that the Planning Commission consider amendments to the Community Design Standards, found in Division 14 of the zoning code. In 2003, the Community Design Standards replaced the former “Appearance Review” standards with much more specific requirements for building appearance, landscaping, and outdoor lighting (Ord. No. 4914). Minor code amendments were adopted shortly thereafter in 2004 (Ord. No. 4926). Based on several years experience in applying the code, Town staff is considering the following amendments to the code:

• Clarifying how the code applies to already-developed sites. • Reducing the number of trees and shrubs required on small sites. • Clarifying which trees trigger “significant tree” replacement. TOWN COUNCIL ACTION REPORT

• Reducing the number of replacement trees required. • Reducing the amount of overall green space required on a site located within the Parking Impact Zone. • Permitting an owner to “buy out” of planting up to 25% of the required trees. • Clarifying how to calculate interior parking lot landscaping.

DISCUSSION/ANALYSIS

The proposed amendments to the PUD provisions are meant to encourage denser residential development in the Parking Impact Zone, which surrounds the ISU campus. The properties in this area tend to be small and subject to complex ownership arrangements, and the existing structures, although often in marginal condition, produce enough income that redevelopment is financially very difficult to justify. The proposed code amendments will allow for higher density development, which may make projects more economically feasible.

A recent example is the Willow Trails PUD, in which the Town Council waived the common recreational space requirement and reduced the parkland and school land fees. The resulting development has 144 residents where the property formerly held only 67 residents.

Regarding the Community Design Standards, Town staff believes that implementation has gone well since the adoption of the code. Sites developed after December 2003 have better looking buildings, more generous landscaping, and more tasteful outdoor lighting. The development community is familiar with the code and generally submits code-compliant plans. However, there are several amendments that may be in order. In particular, Town staff wants to revisit the number of trees and shrubs required on the smallest sites because it is often difficult to fit them onto the site in an appropriate manner.

For these reasons, Town staff recommends the Town Council ask the Planning Commission to generate a list of potential amendments to the Planned Unit Development regulations and Community Design Standards. If the Town Council supports this effort, Town staff will begin discussing potential code amendments with the Planning Commission at its February 4, 2010 meeting. After the Planning Commission has endorsed a list of potential amendments, Town staff will return to the Town Council for initiation of specific zoning text amendments.

TOWN COUNCIL ACTION REPORT

January 14, 2010

Resolution Authorizing Execution of an Agreement with Mr. Craig Onsrud for the Operation of the Ironwood Pro Shop and Private Golf Lessons

PREPARED BY: Doug Wiggs, Asst. Director of Parks and Recreation

REVIEWED BY: Garry Little, Director of Parks and Recreation Mark R. Peterson, City Manager

BUDGET IMPACT: The Town will receive 15% of all private lesson revenue which is projected to be approximately $14,000 in 2010.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed resolution, proposed agreement

BACKGROUND

Beginning in 1997, the Town has entered into an agreement each year with the Golf Course Manager to operate the Course Pro Shop as a sole proprietorship. Mr. Onsrud would like to continue this practice as the proprietor at the Ironwood Pro Shop. In addition, Mr. Onsrud will be responsible for all private lessons conducted at the course.

With previous arrangements from 1991-2004, the town did not receive revenue from private lessons conducted at Ironwood. In 2005 a contract was established with a local LPGA professional, which provided the Town with only 10% of all private lesson revenue collected. Beginning in 2006, the Town began receiving 15% of all revenue from private golf lessons at Ironwood.

DISCUSSION/ANALYSIS

Approval of the attached resolution will provide a similar Pro Shop agreement that has been in effect the last twelve years. The private lessons have been provided as a separate contract with Mr. Onsrud.

In exchange for the exclusive right to teach lessons, the Town will receive 15% of all revenue from these private lessons. This proposed arrangement, for the operation of the Pro Shop and for exclusive rights to provide private lessons, is consistent with the manner in which the compensation of many public golf course managers throughout the country is supplemented.

Mr. Onsrud is required to provide a year-end financial report to the Director of Parks & Recreation under the terms of the proposed agreement. Staff recommends approval of the agreement.

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CRAIG ONSRUD -- IRONWOOD GOLF COURSE

WHEREAS, the Town of Normal is a Home Rule unit of local government with authority to legislate in matters concerning its local government and affairs; and

WHEREAS, the Town owns and operates a golf course known as Ironwood Golf Course; and

WHEREAS, Craig Onsrud has been hired as the golf course manager at Ironwood Golf Course; and

WHEREAS, Town desires to permit Craig Onsrud, as an independent contractor, to provide golf instruction and merchandise golf supplies, equipment and accessories at Ironwood Golf Course; and

WHEREAS, Craig Onsrud desires to provide golf instruction and merchandise golf supplies, equipment and accessories at Ironwood Golf Course; and

WHEREAS, the Town personnel code (Section 18.1-27) allows the city manager to contract with Town employees for golf course management services; and

WHEREAS, golf instruction and the merchandising of golf supplies, equipment and accessories are activities customarily provided on an independent basis by golf course managers; and

WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of Normal that the Town enter into an Agreement with Craig Onsrud.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That the President be, and he is hereby authorized to execute for any on behalf of the Town of Normal Illinois, an Agreement with Craig Onsrud. A copy of said Agreement is marked Exhibit "A", attached hereto and incorporated herein by reference.

SECTION TWO: That the Town Clerk be, and she is hereby authorized and directed to attest to the signature of the President on said agreement, and retain in her office a duly executed original for public inspection.

ADOPTED this ______day of ______, 2010.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois

ATTEST:

______Town Clerk

(seal)

TOWN COUNCIL ACTION REPORT

January 14, 2010

Resolution Authorizing Execution of a Five Year Contract with M. E. Simpson Co., Inc. for Large Meter Testing Services

PREPARED BY: Steve Gerdes, Water Director

REVIEWED BY: Geoff Fruin, Assistant to the City Manager

BUDGET IMPACT: Funds in the amount of $12,000 are budgeted each fiscal year in account number 502-8030-434.20-10 of the Water Department’s operating budget.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Resolution, Proposal

BACKGROUND

The Water Department currently has approximately 115 water meters in the distribution system used for billing purposes that are three inches and larger. These meters are generally compound type water meters and provide the basis for over 26% of the billed consumption. All water meters become worn over time and, due to wear, the water meter will register less than the actual quantity used. The American Water Works Association recommendations for testing intervals for meters of this size and type range from two to five years depending on the amount of water that has gone through the meter, the temperature, the corrosivity of the water, the presence of entrained air, and the presence of any suspended matter. Due to the difficulty in removing large meters for offsite testing and the associated interruptions in service, larger water meters are generally tested in place utilizing specialized equipment and procedures. Rather than owning the specialized equipment and performing large meter testing “in house”, many water utilities contract for these services.

In November of 2006, the Town entered into an agreement with M. E. Simpson for large meter testing services. Since that time, one fourth to one third of the large meters are tested each year for accuracy. This testing and repair program has been extremely successful as the costs are generally recovered in a matter of a few months.

DISCUSSION/ANALYSIS

Staff is very pleased with the services offered by M. E. Simpson and has requested a proposal for the renewal of the meter testing services agreement for an additional five years. The proposed fees for meter testing in the proposal do not increase from current rates until calendar year 2011 where the test fee increases $10 per meter or about 4%. Similar increases in test fees take effect in 2013 and 2015. Test/repair/post test fees increase in calendar year 2013 when the fee increases by $10 or about 2.5%. A similar increase takes effect in 2015.

Staff is recommending approval of the resolution authorizing execution of a five year contract with M.E. Simpson Company.

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING EXECUTION OF A FIVE-YEAR CONTRACT WITH M. E. SIMPSON COMPANY, INC. FOR LARGE METER TESTING SERVICES

WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and

WHEREAS, the Town of Normal currently has a large water meter evaluation, testing and repair program with M. E. Simpson Co., Inc.; and

WHEREAS, the Town requires the services of M. E. Simpson Company, Inc. in order to perform the large water meter evaluation, testing and repair program; and

WHEREAS, the Town desires to enter into a five-year contract with M. E. Simpson Company, Inc., for large meter testing services; and

WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of Normal that the Town of Normal enter into a five-year contract with M. E. Simpson Company, Inc. for large meter testing services.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That the Town of Normal hereby authorizes the President of the Board of Trustees to enter into said Contract with M. E. Simpson Company, Inc. A copy of said Contract is attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION TWO: That the Town Clerk be, and she is hereby authorized and directed to attest to the signature of the President of the Board of Trustees on said contract and to retain a fully executed original of said contract in her office for public inspection.

ADOPTED this day of , 2010.

______President of the Board of Trustees of the Town of Normal, Illinois

ATTEST:

______Town Clerk

(seal)

3406 Enterprise Avenue

Valparaiso, IN 46383

Phone: (800) 255-1521 Fax: (888) 531-2444 www.mesimpson.com

December 21, 2009

Mr. Steve Gerdes Water Director Town of Normal 100 E. Phoenix Avenue P.O. Box 589 Normal, Illinois 61761

Dear Mr. Gerdes,

M.E. Simpson Co., Inc. is pleased to present our "Proposal for Large Meter Testing” for the Town of Normal, Illinois.

M.E. Simpson Co., Inc. is a Technical Service Company performing services designed to aid a Utility in improving accountability, increasing revenues, heightening distribution system performance and optimizing distribution system data, records and mapping programs. As a part of our services we also manufacture the Polcon® flow and pressure monitoring equipment. Our wastewater services provide improvement to collection systems through flow monitoring, smoke testing, and manhole inspections.

This Proposal is being submitted as follows:

6 Scope of Services 6 Project Scope Project Overview Assumptions and Services Provided by the Utility Equipment Used Safety 6 Qualifications / Personnel 6 References 6 Meters to be Tested 6 Proposed Project Schedule 6 Proposal Fee

We thank you for your consideration and this opportunity to acquaint you with our Large Meter Testing services. If there are any inquiries regarding this proposal, please do not hesitate to contact us. We look forward to hearing from you soon.

Sincerely yours,

Jeffrey A. Morris Vice President 317-714-1951 JAM/jph

Valparaiso, IN - Phoenix, AZ - Dyer, IN - Waukegan, IL - Indianapolis, IN - Gwinnett Co., GA - Savage, MN - Chicago, IL – Baltimore, MD

SCOPE OF SERVICES

M.E. Simpson Co., Inc. is a Technical Service Company. Our services are designed to aid water utilities improve accountability and increase revenues by maximizing distribution system performance and optimizing distribution system data, records, and mapping programs. As a part of our services we also manufacture the Polcon® flow and pressure monitoring equipment. Our wastewater services provide improvement to collection systems through flow monitoring, smoke testing, and manhole inspections.

6 Water Loss Control Survey/Audit – using the International Water Association water audit format to track water input/output of a water system.

6 Large Meter Testing/ Evaluation– includes proper meter sizing, selection, testing, repair and post-test when needed for master and commercial meters.

6 Water Distribution System Leak Survey – designed to pinpoint areas of leaks in the distribution system, document the locations and estimate losses.

6 Water Distribution System Valve Assessment – locating all main line valves, exercising, documenting the data, and placing information into our Polcon Pro-Valve® database.

6 Fire Hydrant Flow Testing and Flushing – flow testing hydrants for water main carrying capacity indicating correct fire flows.

6 Water Distribution System Flow Measuring and Testing – determining “C” factors, 24-hour flow monitoring, pump curves, and district flow measurements.

6 Unidirectional Water Main Flushing – operating main line valves and flushing directionally to remove debris and sediment out of the distribution system.

6 GPS Locating and CAD Mapping – updating atlases by collecting GPS coordinates, field information, and line locating mains. The collected information is entered into updated CAD base maps.

6 Sanitary Sewer and Storm Sewer Flow Monitoring – installation of flow monitoring devices, maintaining and recording bi-weekly flow data to show flow patterns of the collection system.

6 Smoke Testing – identifying deficiencies including downspout connections, area drains, service laterals, and leaks in the sewers.

6 Manhole Inspection and Inventory – collecting data for manhole structure conditions including line size, flow direction, and depth of invert.

6 Water Service Connection Inspection and Inventory Program – inspecting commercial meter settings and backflow devices and entering inventory into a database.

6 Polcon ® Flow and Pressure Monitoring Equipment – custom manufacturing of flow monitoring and pressure measurements designed for practical field applications. PROJECT SCOPE

The Large Meter Testing /Evaluation program is designed to help a Utility retrieve and retain the large amounts of potential revenue associated with industrial and commercial meters. The program, as designed by M.E. Simpson Co., Inc., includes testing, repairing, and post-testing when necessary. Following is a description of the individual phases:

PROJECT OVERVIEW

TESTING

1 1/2" and larger meters will be tested at flow rates in accordance with American Water Works Association standards. Testing is done by comparative methods using a certified test meter to test the meter within its normal operating range. Our comparative test meters, from Sensus, record both total volume and current velocity with electronic registers which are automatically reset to zero after each of the 3 to 6 tests is conducted. These comparative test meter units are themselves "Tested and Certified Accurate" at least once each year.

6 M.E. Simpson Co., Inc. schedules all testing with the facility owners.

6 In the case of new water meter test sites or changes to an existing water meter test site where a corp will have to be changed, the Utility will install all corps used for the flow testing according to M.E. Simpson Co., Inc. specifications.

6 Any valves that fail or break during an attempt to isolate a water meter for flow testing will be repaired or replaced at the expense of the Utility. M.E. Simpson Co., Inc. cannot be held responsible for possible valve failures during the testing procedure.

6 All compound meters are tested at six flow rates, concentrating on the change-over rate, which is the most critical flow rate in a compound water meter. (AWWA requires only three tests, the change-over rate being one of them. *Reference AWWA M6 Manual, pages 46 through 66. )

REPAIR

6 Meters found to be stopped, broken, or inaccurate will be repaired by M.E. Simpson Co., Inc. and calibrated back to AWWA standards.

6 Major parts such as chambers, turbine assemblies, check valves, and registers are replaced at extra cost.

6 Two-man teams are used to perform the work.

6 There is no extra charge for travel.

6 Utility personnel are not required to assist our technicians (two-man teams eliminate the need for outside assistance).

6 All meters are tested and repaired in place and all repair work is covered by a six- month warranty.

ASSUMPTIONS AND SERVICES PROVIDED BY THE UTILITY

6 The Utility will furnish all maps, atlases, (two copies) and records necessary to properly conduct the testing program.

6 The Utility will provide customer records such as phone numbers for appointments, or any additional information making the testing of a meter at a location easier to perform. This information shall be regarded as CONFIDENTIAL by M.E. Simpson Co., Inc., and will not be shared with anyone outside of the Utility without consent of the Utility.

6 The Utility will assist as necessary to get customer cooperation for the testing program. M.E. Simpson Co., Inc. can assist in composing a letter the Utility can submit to water customers informing them on the procedures and benefits of the testing program.

6 The Utility will also make available, on a reasonable but periodic basis, certain personnel with a working knowledge of the water system who may be helpful in attempting to locate particularly hard-to-find meters and for general information about the water system. This person will not need to assist the Project Team on a full time basis, but only on an “as needed” basis.

6 The Utility will assist, if needed, to help gain entry into sites difficult to get into due to security issues or other concerns.

EQUIPMENT USED

6 Sensus test meters with electronic registers, certified accurate by volumetric testing.

6 All tools needed to perform testing “on site” (hand tools, pipe wrenches, etc.)

6 Proper lengths of 2.5” fire hose for conducting the testing “on site”

6 Confined space entry tripod, winch, fall protection and gas detector

SAFETY

Safety is a major part of any project. M.E. Simpson Co., Inc. always provides a safe work environment for its employees. Our staff is trained in Confined Space Entry & Self-Rescue, Workplace First Aid, CPR & AED, and Traffic Control. While in the field on the project M.E. Simpson Co., Inc. and its employees will follow all of the necessary safety procedures to protect themselves, your staff, and the general public.

The Project Manager and Project Leader will be trained in accordance with OSHA Standard 1910 (General Industry) and be in possession of an OSHA 10 Hour Card.

Work completed in a "confined space" such as pit, vault, or manhole will be treated in accordance with the safety rules regarding Confined Space Entry designated by the Utility, the Department of Labor and OSHA. Our personnel are trained and certified in Confined Space Entry & Self-Rescue.

We will follow all safety rules regarding First Aid, CPR & AED use designated by the Utility, the Department of Labor and OSHA. Our personnel are trained and certified in First Aid, CPR & AED’s by the American Red Cross.

We will follow all traffic safety rules, using two-man teams, designated by the Utility, the Department of Labor, OSHA, the Manual on Uniform Traffic Control Devices and the State Department of Transportation. Our personnel are trained and certified, by the American Traffic Safety Services Association, in Flagging and Traffic Control for Utility Operations.

QUALIFICATIONS / PERSONNEL

PRIMARY LINES OF BUSINESS

M.E. Simpson Co., Inc. is a Technical Service Company performing services designed to aid a Utility in improving accountability, increasing revenues, heightening your distribution system performance and optimizing your distribution system data, records and mapping programs. As a part of our services we also manufacture the Polcon® flow and pressure monitoring equipment. Our wastewater services provide improvement to collection systems through flow monitoring, smoke testing, and manhole inspections.

LENGTH OF SERVICE

In 1979, M.E. Simpson Co., Inc. was formed to provide “Technical Services” to Municipal and Private Water Utilities. M.E. Simpson Co., Inc. was founded by Marvin E. Simpson who had spent the twenty- four years prior to 1979 working within the water works industry for a few major manufacturers of piping, valves, and water meters. The company began operations in Rochester, Indiana and moved the corporate headquarters to Valparaiso, Indiana in 1988. In 1989, the Indiana Section of AWWA honored Marvin with the “Water Wheel Award” for his outstanding service to the water profession. In 1995, Marvin was honored as a Life Member of the American Water Works Association.

M.E. SIMPSON CO., INC. EMPLOYEE QUALIFICATIONS

Michael D. Simpson, CEO, has been with the company since February 1983 after completing two years at Purdue University studying Industrial Technology. Michael developed many of the techniques used today by M.E. Simpson Co., Inc. for performing water distribution system evaluations. Michael has completed classes and given lectures on hydraulics specifically related to the Polcon® Flow Testing equipment and performed flow testing from 1986 through 1998. He has been personally responsible for over 100 water distribution evaluation programs. In addition, Michael is experienced in sewer flow monitoring using ISCO equipment, experienced in sewer smoke testing, and manhole inspections. Michael has maintained an active role in several local and state water works organizations. Michael has held offices on various Boards of Directors, as well as served on various committees. At this time, Michael is Chair - “Water for People” committee for the Illinois Section of AWWA; Chair - MAC committee for the Indiana Section of AWWA; and is a member of the National AWWA “Water Loss Control Committee”, and a member of the Water Environment Federation (WEF). As a part of his involvement in different organizations Michael continues to teach Water Loss Reduction and Water Distribution System Improvement classes. He is a multi-section member of the AWWA and a member of Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin Rural Water organizations. Michael was awarded the “Water Wheel Award” by the Indiana Section for his outstanding contributions to the water profession and the Water-for-People’s “Kenneth J. Miller Founders Award” for his commitment to their efforts.

Dan E. Hood, President, has been with the company since October 1985. Dan is a graduate of Purdue University with a B.S. in Industrial Technology. Dan has implemented certain computer programs which have greatly improved the water distribution systems evaluations. Having attended classes on hydraulics specifically related to our Polcon® Flow Testing equipment, Dan has ten years of experience performing flow tests. Dan is experienced in sewer flow monitoring using ISCO equipment, experienced in sewer smoke testing, and manhole inspections. Dan has extensive experience in meter evaluation, maintenance and installation. After completing numerous schools and lectures related to the operation and maintenance of water meters he has taught these techniques to employees. Dan was instrumental in pioneering the development of our valve assessment programs and the early development of our Polcon Pro-Valve® software and has trained all of our personnel in this area. Dan has taught Water Loss Reduction and Water Distribution System Improvement classes for the Indiana Section of AWWA and the Indiana Department of Environmental Management. Dan has published articles in News Leaks, Indiana Section of AWWA newsletter; Splash, Illinois Section of AWWA newsletter, and American Backflow Prevention Association newsletter. Dan is a multi-section member of AWWA and a member of Indiana and Wisconsin Rural Water organizations, as well as the Water Environment Federation (WEF). He is the Past Chair (2007) for the Indiana Section of AWWA. He is also a member of the National AWWA “Meter Standards” Committee and the “Section Management” Committee. Dan received the Indiana Section’s “Water Wheel Award” for his outstanding service to the water profession and the Water-for-People’s “Kenneth J. Miller Founders Award” for his commitment to their efforts.

John H. Van Arsdel, Vice President, has been with the company since May 1989. He is a graduate of Valparaiso University with a B.A. in Geography with an emphasis in locational evaluation and research design. He has completed Water Operators classes and seminars on Water Filtration and Distribution; Vulnerability Assessment Class for the Sandia Labs RAM-W method and the RAM-W “modified” for small to medium systems (licensed to use the Sandia Labs RAM-W Method, and licensed to teach the RAM- W “modified” for small to medium water systems); Operation and Maintenance of Water Meters, and Flow Testing. John has extensive experience in the use of state of the art leak detection equipment and meter evaluation and maintenance. His expert knowledge includes the use of the Polcon® Flow Testing method in flow testing; valve location, exercising and mapping programs and fire hydrant and main capacity flow testing programs. John is experienced in sewer flow monitoring using ISCO equipment, experienced in sewer smoke testing, and manhole inspections and inventory. John helped develop our Unidirectional Main Flushing Program. He is responsible for the analysis, evaluation, and CAD updating of Water Distribution, Sanitary, and Storm Atlases using GPS locating. He has lectured to several local and state Water Works Organizations on Water Loss Reduction and Flow Testing and served on the North Suburban Water Works Association Board of Directors. John has published articles in News Leaks, Indiana Section of AWWA newsletter; Splash, Illinois Section of AWWA newsletter, John is a multi-section member of the AWWA and a member of Illinois and Wisconsin Rural Water organizations. He currently serves as Chair - Membership Committee of the Illinois Section AWWA, member of the Education Committee for the Illinois Section of AWWA and is a member of the National AWWA “Water Loss” Committee.

Jeffrey A. Morris, Vice President, has been with the company since March 1996. He previously worked in the plumbing/pipe fitting and construction industry for 12 years. Jeff is a graduate of Lawrence County Vocational/Technical School where he studied Industrial Electricity. Jeff has attended numerous schools, classes and lectures related to the operation, maintenance and installation of water meters and completed classes in plumbing. Jeff has extensive experience in operation, maintenance and installation of water meters; valve location, exercising and mapping; fire hydrant and main capacity flow testing; and use of state of the art leak detection equipment. He is also experienced in the use of all of our Polcon® Flow Testing equipment. He has operated and supervised numerous wastewater flow monitoring, smoke testing and mapping projects. He also has knowledge and training in the use of ISCO equipment and its deployment. Jeff is a member of the Indiana and Ohio Sections of AWWA. As a member of the Indiana Section of AWWA, he serves as Chair - Competition Committee and Small Systems Committee. He is a member of Indiana and Ohio Rural Water organizations as well as the Water Environment Federation (WEF), and serves as Chair - Associate Member Events & Exhibits Committee of Indiana Rural Water Association. Jeff received the Indiana Section’s “Water Wheel Award” for his outstanding service to the water profession.

Matthew S. Brown, Regional Manager-Valparaiso, has been with the company since May 1990. He previously worked in the farming industry. Matt has completed classes and attended lectures related to the operation and maintenance of water meters and backflow testing. He has extensive experience in all aspects of evaluation and maintenance of water meters, valve location, and exercising and mapping programs. Matt is also experienced in the use of state of the art leak detection equipment and the operation of our Polcon® Flow Testing equipment. Matt is a member of the Indiana and Michigan Sections of AWWA as well as the Indiana and Michigan Rural Water organizations.

Randahl Lusk, Regional Manager-Dyer, has been with the company since November 2000. He previously worked in retail business. Randy has attended classes and lectures on the operation and maintenance of water meters. Randy has experience in valve location, exercising and mapping, and the use of state of the art leak detection equipment. He is experienced in the operation and maintenance of water meters, fire hydrant, main capacity flow testing, and the operation of our Polcon® Flow Testing equipment. Randy is the Past President of the South Suburban Water Works Association, member of the Indiana and Illinois Sections of AWWA, and member of the “Tops Ops” and “Young Professionals” Committees in Illinois.

Todd Schaefer, Regional Manager-Waukegan, has been with the company since July of 1999 after completing three years at Purdue University. He previously worked in production quality control and also worked in the automotive industry. Todd has completed classes and attended lectures on the operation and maintenance of water meters and backflow testing. Todd has extensive experience in valve location, exercising and mapping, and the use of the state of the art leak detection equipment. He is experienced in the operation and maintenance of water meters, fire hydrant and main capacity flow testing, and the operation of our Polcon® Flow Testing equipment. Todd is a member of the North Suburban Water Works Association, Western Wisconsin Water Professionals Association, and the Wisconsin and Illinois Sections of AWWA. Todd serves as a member of the “Meter Madness” Committee, Young Professionals Committee in Illinois, and MAC in Wisconsin and Midwest Water Industry Show planning committee.

Scott McElroy, Regional Manager - Phoenix, has been with the company since August 1997. He completed one year at Purdue University in Business Management. Scott previously worked in the construction industry and retail business. He has completed classes and attended lectures on the operation and maintenance of water meters. Scott is experienced in the operation and maintenance of water meters, valve location, exercising and mapping, use of the state of the art leak detection equipment, and the operation of our Polcon® Flow Testing equipment. He has supervised wastewater manhole inspection, inventory, and mapping projects.

Alex Hood, Operations and Production Manager, has been with the company since October of 1998. Alex is in the Marine Corps Reserves and is a graduate of Purdue University with a Bachelor of Science in Organizational Leadership and Supervision. He has experience in valve location, exercising and mapping, and the use of the state of the art leak detection equipment. Alex also has experience in the operation and maintenance of water meters, fire hydrant and main capacity flow testing, and the operation of our Polcon® Flow Testing equipment. Alex has attended classes and lectures on the operation and maintenance of water meters. He has operated and supervised wastewater flow monitoring, manhole inspection, smoke testing and mapping projects. He is an authorized trainer for: OSHA 10/30 hr. for General Industry; Instructor for American Red Cross certified First Aid and CPR. with AED; Flagging Instructor for American Traffic Safety Services Association (ATSSA); and Flagging Instructor Trainer. He is certified as a Traffic Control Supervisor, Traffic Control Technician, holds an OSHA 10hr Card, OSHA 30hr Card, and First Aid and CPR. Alex is a member of the American Traffic and Safety Services Association (ATSSA), the American Society of Safety Engineers (ASSE). Alex is a member of the Indiana Section AWWA and serves on the Safety Committee.

Jerry Reiling, Field Services Manager, has been with the company since May 1996. He is a graduate of Purdue University with a B.A. in Physical Education. Jerry previously worked in both the Environmental Services Industries and HVAC for 10 years. He has completed classes and attended lectures on the operation and maintenance of water meters. Jerry is experienced in the operation and maintenance of water meters, valve location, exercising and mapping, use of the state of the art leak detection equipment, and the operation of our Polcon® Flow Testing equipment. He has supervised wastewater manhole inspection, inventory, and mapping projects.

Shawn Sites, Office Manager, joined M.E. Simpson Co., Inc. in June of 2009. He is a graduate of Indiana Tech, in Fort Wayne, Indiana with a B.S. in Business Administration with a concentration in Management and Human Resources. Shawn has a long history of management and human resources experience in Retail as well as in the Medical Field. Shawn was also a longtime member of the United States Marine Corps where he served as an Information Technology Specialist from 1993 – 2001. Shawn manages the office staff and oversees all aspects of ongoing and completed projects related to data entry.

Megan Hood, Assistant Office Manager, started her tenure with M.E. Simpson Co., Inc. through the Porter County Cooperative Vocational Work Study Program in March 2003. In June 2003, she became a full time employee and in 2005 she was promoted to the Assistant Office Manager position. Megan oversees the data entry portions of our field services and water meter installation projects. She is certified in CPR/First Aid/ First Responders and is a certified forklift operator. Megan is also involved with organizing golf outings, as well as providing administrative assistance in various local waterworks organizations’ functions.

PROJECT STAFFING

The chart below outlines the Project Team to be used during the Large Meter Testing Program for the Town of Normal. One of the two Project Leaders listed will lead the Project Team in the field. Two-Man Project Teams will be used at all times during the course of the Project for reasons of Safety and Quality Assurance.

PROJECT MANAGER Jeffrey A. Morris

PROJECT LEADER PROJECT LEADER David Cook Derrick Iliff

TECHNICIAN TECHNICIAN Brad Sapp Ken Stuart

TECHNICAL SUPPORT/QA Dan E. Hood John H. Van Arsdel QUALIFICATIONS OF STAFF FOR METER TESTING SERVICES

In the following section, you will find information about the M.E. Simpson Co., Inc. personnel who will be acting as Project Manager and Project Leaders for your proposed project. With each Project Manager and Project Leader you will find a history of projects previously staffed by these individuals. For more information about any of these projects or contact information, please call us at (800) 255-1521.

PROJECT MANAGER

Jeff Morris, Vice President Jeff was the Project Manager for the following selected Meter projects. 6 (2007 – 2009) Indiana American Water Company – Evansville, IN 6 (2007 - 2009) City of Normal – Normal, IL 6 (2007 - 2009) City of Bloomington Utilities – Bloomington, IN 6 (2005, 2008-2009) City of Lebanon Water Department – Lebanon, OH 6 (2008 - 2009) City of Lima – Lima, OH 6 (2008 - 2009) Peru Utilities – Peru, IN 6 (2009) Indiana American Water Company – Jeffersonville, IN 6 (2009) Town of Westfield – Westfield, IN 6 (2005-2007, 2009) City of New Castle Water Department – New Castle, IN 6 (2008) City of Princeton – Princeton, IN 6 (2008) City of Bedford – Bedford, IN 6 (2006) City of Marion Water Utility – Marion, IN

PROJECT LEADERS

David Cook, Field Services Manager David was the Project Leader for the following selected Meter projects. 6 (2007-2009) City of Evansville – Evansville, IN 6 (2006-2009) City of Bloomington Utilities – Bloomington, IN 6 (2008) Miami-Dade County – Miami-Dade County, FL 6 (2008-2009) City of Lebanon – Lebanon, IN 6 (2008) City of Lima – Lima, OH 6 (2008) Peru Utilities – Peru, IN 6 (2008) City of Princeton – Princeton, IN 6 (2007) City of Normal – Normal, IL 6 (2007) City of Harrodsburg – Harrodsburg, KY 6 (2005, 2006) City of New Castle Water Department – New Castle, IN 6 (2006) City of Marion Water Utility – Marion, IN 6 (2005) City of Lebanon Water Department – Lebanon, OH 6 (2005) Lawrence Utilities, LLC – Lawrence, IN

REFERENCES

RELATED PROJECT EXPERIENCE

M.E. Simpson Co., Inc. has been in business since 1979. The company continues to perform services for numerous cities across Indiana, Illinois, Michigan, Wisconsin, Ohio, Georgia, Arizona, Georgia, California, and other regions of the United States. We have listed below a few project examples with references. Please feel free to call any of these people and ask them about their project and our services.

Aqua Illinois - Kankakee, IL (1999 - 2009) M.E. Simpson Co., Inc. has performed an ongoing evaluation of the large water meters in Kankakee, IL since 1999. Meters are tested using test meters calibrated to AWWA standards and then a comparison is performed, ensuring all meters are working to AWWA specifications. Any meters which did not pass were replaced or repaired on site by M.E. Simpson Co., Inc. employees.

Sherree Gessner Customer Service Manager Kankakee, IL (800) 851-1305

City of South Bend Water Works, IN (1994 - 2009) M.E. Simpson Co., Inc. has performed an ongoing evaluation of the large water meters in South Bend, IN since 1994. Meters are tested using test meters calibrated to AWWA standards and then a comparison is performed, ensuring all meters are working to AWWA specifications. Any meters which did not pass were replaced or repaired on site by M.E. Simpson Co., Inc. employees.

Mr. David Tungate Director of Water Works City of South Bend Water Works

ADDITIONAL REFERENCES

Dan Lueder Gale Gerber Utility Superintendent Water Superintendent Cottonwood, AZ Nappanee, IN (928) 634-8033 (574) 773-4623

Jerry Martin Scott Ham Director of Public Works Manager Palos Heights, IL Silver Creek Water Corp. (708) 361-1806 (812) 246-2889

Jeff Musinski John Crooks Water Division Director Water Superintendent Waukegan, IL Shakopee, MN (847) 599-2687 (952) 445-1988

METERS TO BE TESTED

The total number of meters to be tested for the Utility is to be determined.

PROPOSED PROJECT SCHEDULE

Project Start Date: To be Determined

Hold Kick-off meeting: TBD, to cover goals and objectives of Project.

Fieldwork to be completed and documented: TBD days depending on number of meters to be tested.

Meter Test Reports: Twenty (20) working days after fieldwork is completed for the testing project. PROPOSAL FEE

M.E. Simpson Co., Inc. is pleased to offer our Large Meter Testing Program for the Town of Normal’s commercial and industrial water meters. The program includes everything listed in our Large Meter Testing Project Scope. The prices listed below are valid through 2015. The cost of parts is not included in the proposal prices.

** Time ($200.00/hr.) and Material Charges will apply for the repair of Fireline Meters and Master Meters. Cost Per Year Meter Size Test Type Meter Type Test/Repair/Post-Test Meter Turbine or 2010 3” – 8” Test In Place $250.00 $395.00 Compound Pitot Test Master 2010 Test In Place $350.00 ** Meters Fire and Fire Style 2010 4” – 10” Test In Place $325.00 ** Meters Turbine or 2011 3” – 8” Test in Place $260.00 $395.00 Compound Pitot Test Master 2011 Test In Place $360.00 ** Meters Fire and Fire Style 2011 4” – 10” Test In Place $335.00 ** Meters Turbine or 2012 3” – 8” Test in Place $260.00 $395.00 Compound Pitot Test Master 2012 Test In Place $360.00 ** Meters Fire and Fire Style 2012 4” – 10” Test In Place $335.00 ** Meters Turbine or 2013 3” – 8” Test in Place $270.00 $405.00 Compound Pitot Test Master 2013 Test In Place $370.00 ** Meters Fire and Fire Style 2013 4” – 10” Test In Place $345.00 ** Meters Turbine or 2014 3” – 8” Test in Place $270.00 $405.00 Compound Pitot Test Master 2014 Test In Place $370.00 ** Meters Fire and Fire Style 2014 4” – 10” Test In Place $345.00 ** Meters Turbine or 2015 3” – 8” Test in Place $280.00 $415.00 Compound Pitot Test Master 2015 Test In Place $380.00 ** Meters Fire and Fire Style 2015 4” – 10” Test In Place $355.00 ** Meters

Specialty repairs and Special return trips to the same meter: Hourly Rate of $200.00 for Two-Man Team, $300.00 for a Three-Man team

We thank you for this opportunity to acquaint you with our Large Meter Testing services and offer this proposal. If you have further inquiries regarding this proposal, please call us.

Sincerely Yours,

Jeffrey A. Morris Vice President 317-714-1951 JAM/jph

PROJECT NAME: Large Water Meter Evaluation, Testing and Repair

AGREEMENT FOR PROFESSIONAL SERVICES

This Agreement, entered into on this ______day of ______, 2010 by and between the Town of Normal, Illinois (hereinafter referred to as “Utility”), and M.E. Simpson Company, Inc. (hereinafter referred to as “Consultant”),

WITNESSETH:

WHEREAS, the Utility wishes to have a Large Water Meter Evaluation, Testing and Repair program and;

WHEREAS, the Utility requires the services of a M.E. Simpson Company, Inc. in order to perform the Large Water Meter Evaluation, Testing and Repair program, which shall be hereinafter referred to as “the Services”;

WHEREAS, it is in the public interest that such Services be undertaken and performed; and

WHEREAS, Consultant is willing and able to provide such Services to the Utility;

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

Article 1. Scope of Services: Consultant shall provide required Services for the Utility as set forth in Exhibit A, Scope of Services. Exhibit A is attached hereto and incorporated herein by reference as though fully set forth.

Consultant shall diligently pursue its work under this Agreement and shall complete the Services as described in Exhibit A in a timely manner. Consultant shall perform all Services as expeditiously as is consistent with professional skill and care and the orderly progress of the work.

In the performance of Consultant’s work, Consultant agrees to maintain such coordination with the Utility as may be requested and desirable, including primary coordination with the Utility’s Department official(s) designated by the Utility as project coordinator(s).

Consultant agrees that any information or documents, including digital GIS information, supplied by the Utility pursuant to Article 3, below, shall be used by Consultant for this project only, and shall not be reused or reassigned for any purpose.

1 Article 2. Standard of Care: Consultant shall be responsible for completion of the Services in sufficient manner to meet high professional standards. The Utility shall be the sole judge of the adequacy of Consultant’s work in meeting such standards. However, the Utility shall not unreasonably withhold its approval as to the adequacy of such performance.

Article 3. Responsibilities of the Utility: The Utility shall provide all necessary information regarding requirements for the Services. The Utility shall furnish such information as expeditiously as is necessary for the orderly progress of the work, and Consultant shall be entitled to rely upon the accuracy and completeness of such information. The Utility shall designate who is authorized to act on its behalf with respect to this Agreement.

Article 4. Compensation: The Utility shall pay Consultant a fee based on the payment schedule set forth in Exhibit B, Schedule of Compensation. Exhibit B is attached hereto and incorporated herein by reference as though fully set forth. The total compensation paid, including fees and expenses, shall not exceed the amounts set forth in Exhibit B. The Payments will be made according to Consultant’s bi-weekly progress statements for each phase and shall be invoiced for the percentage of work completed only.

Additional services not set forth in Exhibit A, changes in work, or incurred expenses in excess of the rates set forth in Exhibit B must be authorized in writing by the Utility or its designated project coordinator prior to such work being performed, or expenses incurred. The Utility shall not make payment for any unauthorized work or expenses. Claims for additional work or expenses must be submitted within thirty (30) days of the completion of the work or expenditure, and must be accompanied by a statement of itemized costs.

Article 5. Appropriation of Funds: Notwithstanding any other provision of this Agreement, if funds for the continued fulfillment of this Agreement by the Utility are at any time not forthcoming or insufficient, through failure of any entity to appropriate funds or otherwise, then the Utility shall have the right to terminate this Agreement without penalty as set forth in Article 7 herein.

Article 6. Schedule: Consultant shall perform the Services according to the schedule set forth in Exhibit C, Schedule. Exhibit C is attached hereto and incorporated herein by reference as though fully set forth. The time limits established by this schedule shall not be exceeded, except for reasonable cause as mutually agreed by the parties.

Article 7. Termination: In the event of a party’s substantial failure to perform in accordance with the terms of this Agreement, the other party shall have the right to terminate the Agreement upon written notice. The non-performing party shall have fourteen (14) calendar days from the receipt of the termination notice to cure or to submit a plan for cure acceptable to the other party.

The Utility may terminate or suspend performance of this Agreement for the Utility’s convenience upon written notice to the Consultant. The Consultant shall terminate or suspend performance of the Services on a schedule acceptable to the Utility, and the Utility shall pay the Consultant for all the Services performed up to the date that written notice is received, plus reasonable termination or suspension expenses.

2 Upon restart, an equitable adjustment shall be made to the Consultant’s compensation and the schedule of services. Upon termination or suspension of this Agreement, all finished or unfinished reports, drawings, collections of data and other documents generated by Consultant in connection with this Agreement shall become the property of the Utility, as set forth in Article 11 herein.

Article 8. Identity of Consultant: Consultant acknowledges that one of the primary reasons for its selection by the Utility to perform the duties described in this Agreement is the qualification and experience of the principal personnel whom Consultant has represented will be responsible therefor. Consultant thus agrees that the work to be done pursuant to this Agreement shall be performed by the principal personnel described in Exhibit D, Principal Personnel, and such other personnel in the employ under contract or under the supervision of Consultant whom the Utility shall approve. Exhibit D is attached hereto and incorporated herein by reference as though fully set forth. The Utility reserves the right to reject any of the Consultant’s personnel or proposed outside professional sub-consultants, and the Utility reserves the right to request that acceptable replacement personnel be assigned to the project.

Article 9. Ownership of Documents and Intellectual Property: All documents, drawings and specifications, including digital format files, prepared by Consultant and furnished to the Utility as part of the Services shall become the property of the Utility. Consultant shall retain its ownership rights in its design, drawing details, specifications, data bases, computer software and other proprietary property. Intellectual property developed, utilized or modified in the performance of the Services shall remain the property of the Consultant.

Article 10. Independent Contractor Status: During the entire term of this Agreement, Consultant shall be an independent contractor, and in no event shall any of its personnel, agents or sub-contractors be construed to be, or represent themselves to be, employees of the Utility.

Article 11. Indemnification: Consultant shall defend, indemnify and hold harmless the Town of Normal, Illinois, the Utility, and the officers, agents and employees of the Town of Normal and the Utility from any and all claims, demands, damages, costs, expenses or other liability arising out of the Agreement or occasioned by the reckless or negligent performance or attempted performance of any provision thereof, including, but not limited to, any reckless or negligent act or omission to act or any willful misconduct on the part of the Consultant or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of the Utility or the Utility’s agents, servants or independent contractors who are directly responsible to the Utility. This indemnification provision shall apply even if there is concurrent or joint negligence of the Consultant and the Utility, and even if there is active or passive negligence by either or both parties.

Notwithstanding the foregoing, however, the parties agree that in the absence of negligence by Consultant or his agents or employees or independent contractors, the Utility shall not hold Consultant responsible for the cost of repair or replacement of valves that break or fail during the valve-exercising program. Also, the Utility shall not hold Consultant responsible for discolored water and turbidity, if such phenomena are not the result of negligence by the Consultant.

3 Article 12. Insurance: During the performance of any and all Services under this Agreement, Consultant shall maintain the following insurance in full force and effect:

a. General Liability Insurance, with a minimum combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate.

b. Automobile Liability Insurance, with a minimum combined single limit of $1,000,000 for each person and $1,000,000 for each accident.

c. Workers’ Compensation Insurance in accordance with the statutory requirements of Title 22 of the Indiana Code and/or of the State of Illinois Code.

An insurance company authorized to issue such insurance in the State of Indiana and the State of Illinois shall issue all insurance policies. The Town of Normal, Illinois, the Utility, and the officers, employees and agents of each shall be named as insured under each policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by the Town will be called upon to contribute to a loss hereunder.

Consultant shall provide evidence of each insurance policy to the Utility prior to the commencement of work under the Agreement. Approval of the insurance by the Utility shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from service or operations performed pursuant to this Agreement. If Consultant fails or refuses to procure or maintain the insurance required by these provisions, or fails or refuses to furnish the Utility required proof that the insurance has been procured and is in force and paid for, Utility shall have the right at Utility’s election to forthwith terminate the Agreement.

Article 13. Conflict of Interest: Consultant declares that it has no present interest, nor shall it acquire any interest, direct or indirect, which would conflict with the performance of Services required under this Agreement. The Consultant agrees that no person having any such interest shall be employed in the performance of this Agreement.

Article 14. Waiver: No failure of either party to enforce a term of this Agreement against the other shall be construed as a waiver of that term, nor shall it in anyway affect the party’s right to enforce that term. No waiver by any party of any term of this Agreement shall be considered to be a waiver of any other term or breach thereof.

Article 15. Severability: The invalidity, illegality or un-enforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of the Agreement shall be construed and enforced as if it did not contain the particular provision to be held void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision, which is of the essence of this Agreement, be determined void.

4 Article 16. Assignment: Neither the Utility nor the Consultant shall assign any rights or duties under this Agreement without the prior written consent of the other party; provided, however, Consultant may assign its rights to payment without the Utility’s consent. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement.

Article 17. Third Party Rights: Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Utility and the Consultant.

Article 18. Governing Law: The laws of the State of Illinois shall govern this Agreement.

Article 19. Non-Discrimination: Consultant shall comply with Town of Normal, Illinois’ Ordinance and all other federal, state and local laws and regulations governing non- discrimination in employment.

Article 20. Compliance with Laws: In performing the Services under this Agreement, Consultant shall comply with any and all applicable federal, state and local statutes, ordinances, plans and regulations, including any and all regulations for protection of the environment. When appropriate, Consultant shall advise Utility of any and all applicable regulations and approvals required by the Federal Environmental Management Agency (FEMA). Where such statutes, ordinances, plans or regulations of any public authority having any jurisdiction on the project are in conflict, Consultant shall proceed using its best judgment only after attempting to resolve any such conflict between such governmental agencies, and shall notify the Utility in a timely manner of the conflict, attempts of resolution, and planned course of action.

Article 21. Notices: Any notice required by this Agreement shall be made in writing to the addresses specified below:

Utility: Town of Normal 100 E Phoenix Normal, IL 61761

Consultant: M.E. Simpson Company, Inc., 3406 Enterprise Ave. Valparaiso, IN 46383

Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of the Utility and the Consultant.

Article 22. Intent to be Bound: The Utility and the Consultant each bind itself and its successors, executors, administrators, permitted assigns, legal representatives and, in the case of a partnership, its partners to the other party to this Agreement, and to the successors, executors, administrators, permitted assigns, legal representatives and partners of such other party in respect to all provisions of this Agreement.

Article 23. Integration and Modification: This Agreement, including all Exhibits incorporated by reference, represents the entire and integrated agreement between the Utility and the Consultant. It supersedes all prior and contemporaneous communications, representations and agreements, whether oral or written, relating to the subject matter of this Agreement.

5 This Agreement may be modified only by a written amendment signed by both parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.

Owner Consultant

Town of Normal, Illinois M.E. Simpson Company, Inc.

By: ______By: ______Michael D. Simpson CEO ______(Printed Name & Title)

Attest: ______Attest: ______Dan E. Hood President ______(Printed Name & Title)

6 TOWN COUNCIL ACTION REPORT

January 14, 2010

Resolution Authorizing the Execution of a Three Year Contract With Melrose Pyrotechnics of Kingsbury, IN for the Annual Fourth of July Display.

PREPARED BY: Doug Wiggs, Asst. Director of Parks and Recreation

REVIEWED BY: Garry Little, Director of Parks and Recreation Mark Peterson, City Manager

BUDGET IMPACT: $25,000 is available in line item 001-8510-451.20-10 for FY 2010- 11. State Farm is donating $8,000 to the Town for the fireworks.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Resolution, Melrose Proposal

BACKGROUND

The Town of Normal and the City of Bloomington for many years have prepared and coordinated the annual Fourth of July fireworks displays in each community. The displays draw anywhere from 5,000- 8,000 people out to Fairview Park and the surrounding area to view the show. The shows are simultaneously shot at each location to a patriotic themed musical set which is aired on local AM radio station WJBC. Each year State Farm has been a valued corporate sponsor, providing $8,000 to each community in support of the family oriented free event provided to the residents of Normal. Each community has budgeted $25,000 for the 2010 display.

DISCUSSION/ANALYSIS

Staff, in conjunction with the City of Bloomington, sent out a RFP to seven regional pyrotechnic vendors. This year four vendors responded to the RFP. They were Central States Fireworks, Athens, IL; Mad Bomber Fireworks, Kingsbury, IN; Melrose Pyrotechnics, Kingsbury, IN; and S & N Fireworks, Lincoln, IL. After jointly reviewing the proposals submitted, staff is recommending Melrose Pyrotechnics be granted a three year contract for $25,000 per year. This recommendation is based on the number of shells, variety and the outstanding reputation Melrose Pyrotechnics has for providing well run, safe and exciting fireworks displays. The previous three year contract expired after the July 4, 2009 show.

The City of Bloomington staff will be recommending to the Bloomington City Council that a three year contract be awarded to Melrose Pyrotechnics of Kingsbury, IN. This will be on their Council’s agenda for the 2nd meeting in January 2010. Staff recommends approval of the three year contract with Melrose Pyrotechnics.

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MELROSE PYROTECHNICS, INC.

WHEREAS, the Town of Normal is a Home Rule unit of local government with authority to legislate in matters concerning its local government and affairs; and

WHEREAS, the Town of Normal agrees to purchase fireworks package displays from Melrose Pyrotechnics, Inc. for July 4, 2010, July 4, 2011 and July 4, 2012, at a cost of $25,000 per display date; and

WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to enter into an Agreement with Melrose Pyrotechnics, Inc. for said firework displays.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That the President be and he is hereby authorized to execute for and on behalf of the Town of Normal Illinois, an Agreement with Melrose Pyrotechnics, Inc. for the provision of the fireworks displays on July 4 of 2010, 2011 and 2012.

SECTION TWO: That the Town Clerk be and she is hereby authorized and directed to attest to the signature of the President on said Agreement and retain a fully executed original in her office for public inspection.

ADOPTED this ______day of ______, 2010.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois ATTEST:

______Town Clerk

(Seal)

TOWN COUNCIL ACTION REPORT

January 14, 2010

Resolution Authorizing the Release of Executive Session Minutes

PREPARED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Resolution

BACKGROUND

State of Illinois Public Act 85-1355 requires that the President and the Board of Trustees of a municipality consider the release of Executive Session minutes twice each calendar year. However, the Town is not required to release Executive Session minutes covering topics for which the Council believes there remains a need to maintain a degree of confidentiality. State law requires that all Executive Session minutes which no longer require confidential treatment be released for public inspection.

DISCUSSION/ANALYSIS

At your regular meeting of July 21, 2009, you approved Resolution No. 4391 regarding the release of Executive Session minutes. At that time, all Executive Session minutes up through March 16, 2009 were reviewed for possible release. The Council determined that all of the minutes up to March 16, 2009 should be released for public inspection. However, the minutes from the Executive Session of June 1, 2009 were withheld from release as those minutes had not yet been approved.

Since your previous action on July 21, 2009, the Council has held four Executive Session meetings. However, since the minutes of the Executive Session meeting held on January 4, 2010 have not yet been approved, they were not considered for release at this time. Reflected in the attached resolution are staff recommendations concerning the Executive Session minutes that should be released for public inspection and those that should be maintained as confidential for the time being. State law does permit a portion of the minutes of an Executive Session be released while another portion be withheld for confidentiality purposes.

Staff would offer the following recommendations concerning the release of Executive Session minutes:

June 1, 2009 Release September 8, 2009 Withhold November 2, 2009 Release December 7, 2009 Release January 4, 2010 Not considered for release until minutes are approved.

TOWN COUNCIL ACTION REPORT

The attached resolution reflects the staff recommendations concerning the release of Executive Session meeting minutes. Please let me know if you would like to review copies of any of the Executive Session minutes addressed in this report prior to taking action on this item. RESOLUTION NO. ______

A RESOLUTION AUTHORIZING THE RELEASE OF EXECUTIVE SESSION MINUTES

WHEREAS, the President and Board of Trustees of the Town of Normal have met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and

WHEREAS, as required by the Act, the Town Board has kept written minutes of all such executive sessions; and

WHEREAS, pursuant to the requirements of Public Act 85-1355, the President and Board of Trustees have met in closed session to review closed session minutes; and

WHEREAS, the President and Board of Trustees have determined a need for confidentiality still exists as to the executive session minutes from the meetings set forth on Schedule “A” attached hereto; and

WHEREAS, the President and Board of Trustees have further determined that the minutes of the meetings listed on Schedule "B" attached hereto no longer require confidential treatment and should be made available for public inspection.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: The executive session minutes from those meetings set forth on Schedule “B” attached hereto are hereby released.

SECTION TWO: The Town Clerk is hereby authorized and directed to make said minutes available for inspection and copying in accordance with the standing procedures of the Clerk’s office.

SECTION THREE: This resolution shall be in full force and effect from and after its passage.

ADOPTED this ______day of ______, 2010.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois ATTEST:

______Town Clerk (seal)

SCHEDULE A (Confidential)

September 8, 2009 (Withhold)

January 4, 2010 (Not considered for release until minutes are approved.)

SCHEDULE B (May Be Released)

June 1, 2009

November 2, 2009

December 7, 2009

TOWN COUNCIL ACTION REPORT

January 14, 2010

Resolution Requesting Temporary Closures of State Right-Of-Way for Annual Community Events

PREPARED BY: Wendellyn Briggs, Town Clerk

REVIEWED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Resolution

BACKGROUND

Illinois Department of Transportation Region 3/District 5 requests all municipalities to submit an annual resolution covering all public events. This blanket resolution would include parades, festivals, foot races, bicycle races, etc., for 2010.

After IDOT receives the annual resolution, it will only be necessary to submit a notification letter from the Town Clerk notifying the department of the date, time, and location of individual events. These notification letters need to be made at least ten days prior to the event. Any proposed closures anticipated to exceed four hours in length will need to be requested at least thirty days prior to the event.

Enclosed is the appropriate resolution.

RESOLUTION NO. ______

A RESOLUTION REGARDING TEMPORARY CLOSING OF STATE RIGHT-OF- WAY – ANNUAL COMMUNITY EVENTS

WHEREAS, the Town of Normal sponsors parades, road races, festivals and other such events which constitute a public purpose; and

WHEREAS, many of these events are held on State rights-of-way which will require the temporary closure of said highways; and

WHEREAS, Section 4-408 of the Illinois Highway Code, 605 ILCS 5/1-101 et seq., authorizes the State of Illinois Department of Transportation (IDOT) to issue permits to local authorities to temporarily close portions of State Highways for such public purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: The Normal Town Council requests an annual permit allowing the temporary closure of State highways for the purpose of conducting various parades, road races, festivals and other such events. By receiving an annual permit, the Town of Normal will be required to notify the Department in writing approximately 10 days in advance of all road closures so that all emergency agencies will be notified of the proposed event.

SECTION TWO:

(A) The traffic from the closed portion of highway shall be detoured over routes with an all-weather surface that can accept that anticipated traffic, which will be maintained to the satisfaction of the Department and which is conspicuously marked for the benefit of traffic diverted from the State highway, except as provided in subsections (B) and (C) hereof.

(B) That when a marked detour is not provided, police officers or authorized flaggers shall, at the expense of the Town of Normal, be positioned at each end of the closed section of roadway and at other points as may be necessary to assist in directing traffic through the temporary detour.

(C) That when the roadway is closed for less than 15 minutes, police officers, at the expense of the Town of Normal, shall stop traffic for a period not to exceed 15 minutes and an occasional break shall be made in the procession so that traffic may pass through.

SECTION THREE: That the Town of Normal assumes full responsibility for the direction, protection and regulation of the traffic during the time the detour is in effect.

SECTION FOUR: That all debris shall be removed by the Town of Normal prior to reopening the State highway.

SECTION FIVE: That the closure and detour shall be marked according to the Illinois Manual on Uniform Traffic Control Devices (MUTCD).

SECTION SIX: That the Town of Normal hereby agrees to assume all liabilities and pay all claims for any damage which shall be occasioned by the closing described above and to hold harmless the State of Illinois from all claims arising from the requested road closings.

SECTION SEVEN: That a copy of this Resolution be forwarded to the Illinois Department of Transportation, District 5 Bureau of Operations, 13473 IL Hwy. 133, P. O. Box 610, Paris, Illinois 61944-0610 to serve as authorization for the Town of Normal to request highway closures through December 31, 2010.

ADOPTED this ___ day of ______, 2010.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois

ATTEST:

______Town Clerk

(seal)

TOWN COUNCIL ACTION REPORT

January 14, 2010

Ordinance Amending "An Ordinance Describing and Designating an Area Located Partially Within the City of Bloomington, Town of Normal and Unincorporated McLean County as an Enterprise Zone"

PREPARED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Ordinance

BACKGROUND

The Economic Development Council (EDC) has been working with a local manufacturer of circuitry components called CAMtek, Inc. to expand its local operations. CAMtek, Inc. is an electronics manufacturing service provider specializing in the manufacture of advanced printed circuit card assemblies and other value added services which they provide to a wide range of industries including aerospace, medical, military, communications, agriculture and large equipment manufacturers. The company provides high quality, cost effective manufacturing solutions to its customers located throughout the U.S. CAMtek utilizes state of the art equipment and processes, while operating in a pristine “green” climate controlled manufacturing environment.

Recently, the company was considering relocating out of state and had received an incentive package from the State of Indiana. The Economic Development Council (EDC) became aware of CAMtek’s need to expand and their consideration of locations other than McLean County. The EDC then engaged the Illinois Department of Commerce and Economic Opportunity (DCEO) to put together a comprehensive incentive package to keep CAMtek in Central Illinois. Part of that incentive package involved the extension of the Enterprise Zone to a facility that CAMtek desires to purchase that will become home to their expanded operation.

In accordance with the proposed Enterprise Zone Boundary Extension Ordinance, the Bloomington, Normal, McLean County Enterprise Zone would be expanded to cover approximately 20 additional acres located at 2402 East Empire Street in Bloomington. The site in question was the former home of the Internal Revenue Service Processing Center. The facility has been vacant now for nearly three years. It is CAMtek’s intention to purchase this facility and relocate its operations from its current location on GE Road to this facility sometime during 2010. The company also plans to make significant capital investment in the building and site. CAMtek plans to add around 75 employees over the next three years in addition to retaining all existing employees (38) presently with the company.

The City of Bloomington Council approved the Enterprise Zone boundary extension at their meeting on January 11, 2010.

TOWN COUNCIL ACTION REPORT

DISCUSSION/ANALYSIS

The Town’s Legal Department has reviewed the proposed ordinance and finds it to be in order. The staff supports the efforts of the EDC, the City of Bloomington, and the Illinois DCEO to retain this growing high tech manufacturing company here in our community. In that regard, we do support and recommend your approval of the proposed ordinance to extend the Enterprise Zone to the property located at 2402 East Empire Street in Bloomington. The extension of the Enterprise Zone to this property will provide CAMtek with certain financial benefits that will help to make the capital investment in the building more affordable. None of these Enterprise Zone benefits involve local incentives nor will they impact local revenue in any way.

Representatives of the Economic Development Council as well as of CAMtek, Inc. will be at your Council meeting on Monday evening to answer any questions you may have regarding this proposal.

ORDINANCE NO. ______

AN ORDINANCE AMENDING “AN ORDINANCE DESCRIBING AND DESIGNATING AN AREA LOCATED PARTIALLY WITHIN THE CITY OF BLOOMINGTON, THE TOWN OF NORMAL AND UNINCORPORATED MCLEAN COUNTY AS AN ENTERPRISE ZONE” – CAMTEK, INC.

WHEREAS, the Town of Normal did, on December 14, 1984, adopt Ordinance No. 3364, which ordinance describes and designates an area located partially within the City of Bloomington, Town of Normal and unincorporated McLean County as an Enterprise Zone; and

WHEREAS, the Town of Normal did, on numerous occasions after establishment of the Enterprise Zone, adopt Ordinances amending Ordinance No. 3364, including those lengthening the duration of the Enterprise Zone and amending the territory included within the Enterprise Zone; and

WHEREAS, the Town of Normal now desires to amend the territory included within the Enterprise Zone and to memorialize the same by amending the Enterprise Zone Intergovernmental Agreement (as hereafter defined); and

WHEREAS, a public hearing regarding such amendments has been held as provided by law.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That Appendix “A”, which is attached to Ordinance No. 3364 and incorporated by reference in Section One of said Ordinance, as amended by subsequent Ordinances modifying the boundary of the territory included within the Enterprise Zone, shall be, and the same is, hereby further amended by adding the territory described in Exhibit A to the territory of the Enterprise Zone.

SECTION TWO: That the President of the Board of Trustees of the Town of Normal, Illinois shall have, and is hereby given authority to execute the Amendment to the Enterprise Zone Intergovernmental Agreement between the Town of Normal, Illinois, the City of Bloomington, Illinois, and the County of McLean, Illinois (the “Enterprise Zone Intergovernmental Agreement”) attached hereto as Exhibit B, which Amendment memorializes the addition of the territory identified in this Ordinance to the territory of the Enterprise Zone.

SECTION THREE: That the provisions of Ordinance No. 3364 as previously amended and as hereby amended, being “An Ordinance Describing and Designating an Area Located Partially within the City of Bloomington, the Town of Normal, and Unincorporated McLean County as Enterprise Zone” shall remain in full force and effect.

SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law and from and after its approval by the Illinois Department of Commerce and Economic Opportunity.

SECTION FIVE: That the Town Clerk be and in hereby directed and authorized to publish this Ordinance in pamphlet form as required by law and forward a certified copy of this Ordinance to the Illinois Department of Commerce and Economic Opportunity for its approval and to file a certified copy of this Ordinance with the County Clerk for McLean County.

SECTION SIX: That this Ordinance is adopted pursuant to the authority granted the Town of Normal by the Illinois Enterprise Zone Act, and pursuant to Home Rule Authority.

SECTION SEVEN: That the Enterprise Zone Administrator is hereby authorized and directed to cause application to be made to the State of Illinois pursuant to the Illinois Enterprise Zone Act.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois ATTEST:

______Town Clerk

(SEAL)

The foregoing ordinance was voted upon and passed by the President and Board of Trustees of the Town of Normal on the _____ day of ______, 2010, with _____ voting aye; ______abstaining; ______voting nay; and ______absent.

AYE NAY OTHER AYE NAYOTHER Councilwoman Reece Councilman Chambers Councilman Nielsen Councilwoman Gaines Councilman Fritzen Mayor Koos Councilman Scott

The President and Board of Trustees of the Town of Normal approved the foregoing ordinance on the ____ day of ______, 2010.

The foregoing ordinance was published in pamphlet form on the ____ day of ______, 2010.

EXHIBIT A

EXHIBIT 1

Tract No. 1: A part of the Southwest Quarter of Section 36, Township 24 North, Range 2 East of the Third Principal Meridian, more particularly described as follows: Beginning at the Southwest Corner of Lot 1 in Empire East Development, Bloomington, Illinois, recorded as Document No. 85- 14445 in the McLean County Recorder’s Office. From said Point of Beginning, thence south along the Southerly Extension of the West Line of said Lot 1 to the South Line of said Southwest Quarter; thence east along said South Line to a point lying 3.00 feet normally distant east of said Southerly Extension; thence north along a line parallel with said Southerly Extension to the South Line of said Lot 1; thence west along said South Line to the Point of Beginning, except the South 1.50 feet thereof.

Tract No. 2: Lot 1 in Empire East Development being a part of the East Half of the Southwest Quarter of Section 36, Township 24 North, Range 2 East of the Third Principal Meridian, according to the plat thereof recorded November 13, 1985 as Document No. 85-14445, in McLean County, Illinois.

Said Tracts 1 and 2 together contain 19.96 acres, or 0.0312 of a square mile, more or less.

EXHIBIT B

AMENDMENT TO ENTERPRISE ZONE INTERGOVERNMENTAL AGREEMENT – CAMTEK, INC.

This Amendment is entered into the _____ day of ______, 2010, by and between the City of Bloomington, a municipal corporation, the Town of Normal, a municipal corporation, and the County of McLean, a body politic and incorporate, pursuant to the authority granted under Article VII, Section 10 of the Illinois Constitution and State law.

WHEREAS, the parties entered into an Intergovernmental Agreement in December, 1984, for the purpose of creating and operating an Enterprise Zone within the jurisdiction of said parties pursuant to the Illinois Enterprise Zone Act (the “Act”); and

WHEREAS, the Enterprise Zone was originally certified as an enterprise zone by the Department of Commerce and Economic Opportunity of the State of Illinois effective July 1, 1985; and

WHEREAS, the Enterprise Zone now compasses approximately 8.88 square miles; and

WHEREAS, the Act allows an enterprise zone to encompass up to 13 square miles if the zone is a joint effort of three or more units of government; and

WHEREAS, it has been determined that certain additional territory contiguous to the Enterprise Zone totaling up to approximately ______square miles would be benefited by being encompassed within the boundaries of said Enterprise Zone; and

WHEREAS, it would be in the best interests of the citizens of the City of Bloomington, Illinois, the Town of Normal, Illinois, and the County of McLean, Illinois that said additional territory be included in the Enterprise Zone.

NOW, THEREFORE, BE IT AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. That Section 2 “Description” of the Intergovernmental Agreement, and the property described in Exhibit “E-1a” and incorporated in said Section by reference, as subsequently amended, be and the same is hereby amended to include therein the area described in Exhibit A attached hereto (the “Amended Area”), and the Amended Area is hereby designated as part of the Enterprise Zone pursuant to and in accordance with the Act, subject to the approval of the State as provided in the Act.

2. Except to the extent amended hereby, that all provisions, agreements, stipulations, rights, obligations, and duties set forth in the original Intergovernmental Agreement, as subsequently amended, are herby ratified and confirmed, and are hereby applied to the Amended Area of the Enterprise Zone in their entirety.

THE UNDERSIGNED PARTIES HAVE CAUSED THIS AMENDMENT TO INTERGOVERNMENTAL AGREEMENT TO BE EXECUTED BY THEIR DULY DESIGNATED OFFICIALS, PURSUANT TO AUTHORITY CONFERRED BY THEIR RESPECTIVE GOVERNING BODIES THE DATE FIRST SHOWN ABOVE.

City of Bloomington Town of Normal a Municipal Corporation a Municipal Corporation

By ______By ______Mayor Mayor

Attest: Attest:

______City Clerk City Clerk

County of McLean a Body Politic and Corporate

By ______County Board Chairman

Attest:

______County Clerk

EXHIBIT 1

Tract No. 1: A part of the Southwest Quarter of Section 36, Township 24 North, Range 2 East of the Third Principal Meridian, more particularly described as follows: Beginning at the Southwest Corner of Lot 1 in Empire East Development, Bloomington, Illinois, recorded as Document No. 85- 14445 in the McLean County Recorder’s Office. From said Point of Beginning, thence south along the Southerly Extension of the West Line of said Lot 1 to the South Line of said Southwest Quarter; thence east along said South Line to a point lying 3.00 feet normally distant east of said Southerly Extension; thence north along a line parallel with said Southerly Extension to the South Line of said Lot 1; thence west along said South Line to the Point of Beginning, except the South 1.50 feet thereof.

Tract No. 2: Lot 1 in Empire East Development being a part of the East Half of the Southwest Quarter of Section 36, Township 24 North, Range 2 East of the Third Principal Meridian, according to the plat thereof recorded November 13, 1985 as Document No. 85-14445, in McLean County, Illinois.

Said Tracts 1 and 2 together contain 19.96 acres, or 0.0312 of a square mile, more or less.

General Orders

TOWN COUNCIL ACTION REPORT

January 14, 2010

A Resolution Conditionally Authorizing Execution of an Annexation Agreement with Family Video Movie Club, Inc.

PREPARED BY: Mercy Davison, Town Planner

REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel Greg Troemel, Director of Inspections Gene Brown, Town Engineer

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Conditional Approval

PLANNING COMMISSION RECOMMENDATION: Denial (6-0)

ATTACHMENTS: Proposed Resolution; Proposed Annexation Agreement; Revised Exhibit G; Revised Site Plan (Dated 12/11); Aerial Map; Zoning Map; Building Elevations; Staff Report to the Planning Commission; Minutes of the December 10, 2009 Planning Commission meeting are included in the Addendum.

BACKGROUND

The property at the northeast corner of Linden and Raab is approximately 2.8 acres in size and contains two houses, one of which is vacant, and an outbuilding. All of the properties surrounding the site are zoned R1-B single family residential.

The proposed annexation agreement calls for the property to be annexed and zoned to B-1 General Business. In addition to securing the site plan and zoning, the proposed annexation agreement also calls for a waiver of adjacent roadway fees along Linden and permits the developer to final plat the property as one lot without an additional public hearing. The agreement is specifically tied to the Family Video developer, who under the terms of the agreement must acquire the property within 60 days of the Town Council approval of the agreement. If acquisition does not occur within this time frame, the agreement will be terminated.

The proposed agreement originally included limits on the uses permitted on the site, as shown in Exhibit G in the spiral bound plan (distributed under separate cover). The list of prohibited uses would be in effect for the duration of the 20-year agreement. As noted later in the report, the developer is proposing to add to the list of prohibited uses.

The original development proposal (spiral bound plan) called for the development of a stand-alone Family Video store near the southwest corner of the site and an L-shaped strip commercial building near the northeast corner of the site. Additional site plan details in the original proposal included two access points, TOWN COUNCIL ACTION REPORT code-compliant parking, a privacy fence installed along the north and east property lines, code-compliant wall signage, and two low-rise signs.

The original proposed plan required two code variances. Because the property is adjacent to residential zoning on the west and south, the parking lot must have at least 30 feet of green space on Linden and at least 25 feet on Raab. The proposed plan included approximately 21 feet of green space on Linden and 20 feet on Raab.

DISCUSSION/ANALYSIS

Town staff forwarded a positive conditional recommendation to the Planning Commission on the Family Video annexation agreement, proposed rezoning to B-1 General Business, and proposed Site Plan based on the following rationale.

Zoning Map Amendment

Sec. 15.12-2(C) of the Municipal Code provides guidelines for zoning map amendments. The guidelines include the following: 1) the suitability of the subject property for uses authorized by the existing zoning; 2) the length of time the property has remained vacant as zoned considered in the context of land development in the area; 3) the suitability of the subject property for uses authorized by the proposed zoning; 4) the existing land uses of nearby property; 5) existing zoning of nearby property; and 6) relative hardship or gain to the public compared with that of the owner resulting from the outcome of the zoning map amendment decision.

Town staff finds that the lot in question meets the aforementioned guidelines. The existing county Agriculture zoning is a hold-over from a time when the previous owners farmed the larger Pheasant Ridge area. The proposed B-1 zoning is appropriate given the site’s location at the intersection of two major streets. Furthermore, the Town’s Comprehensive Plan shows this property developing as a small commercial center.

The proposed use of the property as a Family Video with additional commercial tenants is appropriate under B-1 zoning. The annexation agreement further limits the use of the property as shown in Exhibit G to minimize the impact on the surrounding residences.

Site Plan

Properties zoned B-1 do not require site plan review through a public process when the property is less than 5 acres in size. However, it is common for developers to include a site plan with an annexation agreement so that they are guaranteed the ability to develop the property in a certain manner. Town staff supported the original proposed site plan with the following conditions:

1. Pavement. The parking lot design should be changed to decrease the aisle sizes and back up space. The proposed 28-35 feet of aisle and back up space is in excess of the 23-25 feet routinely required on other projects. Furthermore, the Town’s stormwater management plan calls for the minimization of impervious surfaces, and other major developments have complied. 2. Landscaping. The site must meet the Community Design Standards landscaping provisions. 3. Dumpster. The dumpster enclosure should be masonry.

Town staff also supports the waiver of adjacent roadway fees on Linden because all other development adjacent to Linden has had the fee waived.

The Planning Commission considered the proposed Family Video annexation agreement and land uses contained therein at a public hearing on December 10, 2009. TOWN COUNCIL ACTION REPORT

Mr. Feid noted that the pared-down list of B-1 uses still contains several that could be disruptive in the neighborhood. Mr. Troemel noted that many of those uses would be very unlikely to occur on such a small site. Ms. Hutchison questioned the hours of operation.

More than one commissioner expressed concern about the curb cut on Raab crossing the Constitution Trail. They also questioned whether commercial zoning is necessary in this location given the large Constitution Trail Centre development to the west.

Mr. Feid stated he could not support the green space waivers along Linden and Raab because it is a new development that should be able to meet the requirement.

The developer responded to many of the concerns and questions raised by the commissioners. He stated that Family Video never locates in large commercial centers such as the Constitution Trail Centre because it does not meet their convenience needs. He also explained that the business is in operation 365 days/year from 10 a.m. until midnight. The peak time is 4 p.m. until 8 p.m.

The developer testified that the more generous back-up space is required for the type of traffic on the site, noting that many families in larger vehicles patronize Family Video.

Several members of the public testified in opposition. Mark Durbin (302 Wildberry) testified that the 6-foot privacy fence would create an awkward empty space because all of the adjacent yards already have fences. He also expressed concern about safety, traffic, and a decrease in property values.

Paul Huggett (300 Wildberry) submitted a petition signed by approximately 125 people. He expressed concern about traffic, noise and the increased danger on the Trail. He also cited code language to support his argument that B-1 zoning is incompatible with single family residential. He further noted that this is the only property in town that would be B-1 surrounded entirely by residential properties.

Several other neighbors testified with similar concerns. One asked for less intense commercial zoning with restricted hours of operation.

The developer’s attorney stated that the developer will do whatever Town staff and the neighbors want in regard to the fence. He also emphasized that the Town’s comprehensive plan has shown this corner developing as a “neighborhood center” with commercial uses since the mid-1990s.

Following its findings of fact, the Planning Commission voted unanimously (6-0) against the proposed land uses contained within the annexation agreement. The developer subsequently asked that the Town Council carry the item over until its January 19, 2010 meeting in order to permit the developer time to respond to neighborhood and commission issues.

Revised Plan

In response to concerns raised by nearby residents during the public hearing, the applicant has submitted several plan revisions intended to address some of those concerns.

Three revised documents are attached – a revised annexation agreement eliminating the reference to two buildings, an expanded Exhibit G list of permitted uses, and a revised site plan.

The revised site plan shows one strip commercial building. Family Video will locate in one end of the building. Other tenants are not yet committed. Although the developer has not provided a new landscaping plan or lighting plan, he has committed to meeting code on both counts and will install all trees at 4” diameter breast height. The revised plan shows 132 parking spaces where code requires 96. TOWN COUNCIL ACTION REPORT

Landscaping encompasses approximately 16% of the interior parking lot area where code calls for a minimum of 7%. A masonry dumpster will be utilized.

The developer has also requested that the “tree fee” be waived. The fee is triggered when trees deemed to be significant per code are removed and the replacement trees can not fit onto the site. In this case, the significant trees removed will require the developer to install all of his trees at 4 inches rather than the code minimum of 2.5 inches and pay a fee of up to $7,000 for the rest of the replacement trees that will not fit on the site. Because the property is not yet annexed and the landscaping standards do not apply to properties in the county, Town staff supports the fee waiver.

STAFF RECOMMENDATION

Town staff continues to conditionally support the Family Video plan for reasons mentioned above. The developer has further reduced the list of uses permitted on the site. He has also eliminated the green space waivers along Linden and Raab and has added green space to the overall site and into the parking lot interior. Town staff believes the developer’s revisions will further mitigate any negative impact this development could have on the neighboring properties.

Regarding traffic generation, the Engineering Department’s trip generation manual suggests that traffic generated for this type of commercial development will not be significant because most people visiting the site will already be driving by. In addition, eliminating one building will cut down on overall traffic.

Town staff does not believe the Trail crossing will create an unusually dangerous situation given that the Trail is already crossed by much busier neighborhood entrances and that the Trail is near a busy intersection where Trail users should already be cautious.

The only Town staff condition that the developer has not agreed to meet is the redesign of the parking lot to reduce the drive aisle widths and back up space.

In sum, Town staff recommends in favor of the proposed revised annexation agreement, revised site plan, and rezoning to B-1 with the following condition:

1. Revised parking lot design decreasing the back up space and drive aisles to a maximum of 25 feet.

RESOLUTION NO. ______

A RESOLUTION CONDITIONALLY AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH FAMILY VIDEO MOVIE CLUB, INC.

WHEREAS, the Town of Normal is a Home Rule unit of local government with authority to legislate in matters concerning its local government and affairs; and

WHEREAS, the Town of Normal has authority pursuant to the Illinois Municipal Code to enter into annexation agreements with the owners of property; and

WHEREAS, the owners of the property subject to this Resolution have petitioned to annex the property to the Town of Normal pursuant to the terms of a certain Annexation Agreement; and

WHEREAS, the Normal Planning Commission did on December 10, 2009, after notice, hold a public hearing concerning the land use matters contained in said Annexation Agreement; and

WHEREAS, it is in the best interests of the citizens of Normal to conditionally enter into an Annexation Agreement as provided herein.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That the President be, and he is hereby conditionally authorized and directed to execute for and on behalf of the Town of Normal Illinois an Annexation Agreement with the owner of the property subject to this Resolution. A copy of said Annexation Agreement is marked Exhibit "A", attached hereto and incorporated herein by reference.

SECTION TWO: That the Town Clerk be, and she is hereby authorized and directed to attest to the signature of the President on said agreement.

SECTION THREE: That the Town Clerk be, and she is hereby authorized and directed to record a certified copy of this Resolution and the attached Annexation Agreement with the McLean County Recorder of Deeds.

SECTION FOUR: That this Annexation Agreement pertains in whole or in part to the following parcel number: ______.

SECTION FIVE: This Resolution is conditioned upon the owner agreeing to maximum drive aisle and backup widths of 25 feet.

ADOPTED this _____ day of ______, 2010.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois

ATTEST:

______Town Clerk

(seal)

This Resolution prepared by Steven D. Mahrt, Corporation Counsel, Town of Normal Phoenix Avenue, Normal, Illinois, 61761 (309) 454-9507.

Return this document to City Clerk, Town of Normal, 100 E. Phoenix, P. O. Box 589, Normal, IL 61761

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Annexation Agreement with Zoning Map Amendment

Case #: 09-12-27-PC Applicant: Matthew and Veronica Owens Location: 212 E. Raab Road (NE corner of Linden and Raab) Date: December 10, 2009

Brief Description: Proposed annexation agreement pertaining to the property at the northeast corner of Linden and Raab, including rezoning the land to B-1 General Business and developing the property into a Family Video and a second commercial building.

Staff Recommendation: Approval with conditions

PROJECT DESCRIPTION:

The property at the northeast corner of Linden and Raab is approximately 2.8 acres in size. The property currently contains two houses (one facing Raab, one facing Linden) and an outbuilding, as shown on the attached aerial map. The house facing Linden is occupied by the Owens family. The previous owners of the property (the Toepke family) also owned much of the land that is now Pheasant Ridge, which has developed to the north and east.

The Town entered into a pre-annexation agreement with the Toepkes in 1989 (Res. No. 1329) but the agreement expired in 1999 and the land was never annexed. That agreement called for the property to be rezoned to R-1A Single Family Residential with various fee delays and waivers.

The current proposed annexation agreement calls for the property to be annexed and rezoned to B-1 General Business for development as a Family Video. A second commercial building is proposed in a future phase at the northeast corner of the site. The second building will be subject only to administrative, Town staff-level review conditioned on the second building utilizing a design and materials that complement the Family Video building.

The agreement limits the uses permitted on the site, as shown in Exhibit E. As you may know, the Town may prohibit certain uses otherwise permitted within a given zoning district when a property is being annexed subject to an agreement. However, the list of prohibited uses is only effective for the duration of the agreement (20 years). The Town has approved the same limits on B-1 zoning uses in other recent annexation agreements, such as the Kelly Glen agreement at the southwest corner of Raab and Towanda and the Shirk agreement at the northwest corner of Raab and Towanda.

The site plan shows the development of a Family Video building in the southwest portion of the site. A second commercial building will be to the northeast. There is no plan to build the second building at this time. The sheet labeled “Exhibit F – Phasing Plan” shows what Phase I of the development will encompass. Further Site Plan details follow:

Access. The site has two entrances – one near the furthest north end of the Linden frontage and one near the furthest east end of the Raab frontage. Each entrance will have three lanes, permitting an entrance lane, a lane for a right turn out of the site, and a lane for a left turn out of the site.

Parking. Per code the site must have 1 space per 300 square feet of floor area in the Family Video and 1 space per 200 square feet in the mixed commercial “strip” building. The 6,000 s.f. video store requires 20 parking spaces, and the 15,869 sq .ft. commercial building requires 79 spaces, for a total of 99 required spaces. The site plan includes 114 parking spaces.

Lighting. The proposed light levels and fixtures meet code. The proposed parking lot lights and wall packs utilize full cutoff fixtures that should mitigate any glare or light trespass issues.

Signage. Family Video proposes two 30 sq. ft. wall signs on the front façade and two low-rise freestanding signs – one on Raab and one on Linden. The Raab sign is 12 feet tall with a 100 sq. ft., internally lit sign face. They also propose a second freestanding sign (12 feet tall with a 150 sq. ft., internally lit sign face) on Linden for the second building. Town code permits one freestanding sign for each street frontage; therefore, two freestanding signs are permitted. Family Video does not have an illustration for the proposed monument signs, but they have stated that they will use an internally lit box sign with the Family Video logo and space below for changeable letters. The sign will have a masonry base to match the building.

Building Appearance. The Family Video structure will be primarily concrete masonry units with split face block accent strips. The front façade will have an EIFS (faux stucco) parapet screening the building mechanical equipment. Standing seam metal will be utilized around all four sides of the building as either part of the canopy or as an accent.

Landscaping. The site meets the code requirement for the amount of green space on the overall site and within the parking area. A 6-foot privacy fence will screen the north and east sides of the property from the adjacent residences. Any significant tree impact will be addressed at a staff level and may result in some of the trees being planted at a larger size. The developer will install trees along the north and east property lines upon development of the Family Video building.

Representatives of Family Video will be available to answer questions during the public hearing.

ZONING & GENERAL LAND USE

Zoning District Land Use Subject Property A-Agriculture Residential Adjacent North R-1B Single Family Residential Single Family Residential Adjacent East R-1B Single Family Residential Single Family Residential Adjacent South R-1B Single Family Residential Single Family Residential Adjacent West R-1A Single Family Residential Single Family Residential

STAFF ANALYSIS

With few exceptions, Town staff supports the proposed Family Video development at the northeast corner of Raab and Linden.

Zoning Map Amendment

Sec. 15.12-2(C) of the Municipal Code provides guidelines for zoning map amendments. The guidelines include the following: 1) the suitability of the subject property for uses authorized by the

2 existing zoning; 2) the length of time the property has remained vacant as zoned considered in the context of land development in the area; 3) the suitability of the subject property for uses authorized by the proposed zoning; 4) the existing land uses of nearby property; 5) existing zoning of nearby property; and 6) relative hardship or gain to the public compared with that of the owner resulting from the outcome of the zoning map amendment decision.

Town staff finds that the lot in question meets the aforementioned guidelines. The existing county A- Agriculture zoning is a hold-over from a time when the previous owners farmed the larger area. It was always expected that the land would be rezoned to another district upon annexation. The proposed B-1 zoning is appropriate given the site’s location on two major streets. Furthermore, the Town’s Comprehensive Plan shows this property developing as a small commercial center.

The proposed use of the property as a Family Video and future commercial strip building is appropriate under B-1 zoning. The annexation agreement further limits the use of the property as shown in Exhibit G to minimize the impact on the surrounding residences.

Site Plan

Properties zoned B-1 do not require site plan review through a public process when the property is less than 5 acres in size. However, it is common for developers to include a site plan with an annexation agreement so that they are guaranteed the ability to develop the property in a certain manner. As a result, although the Town is reviewing the Family Video site plan as part of the annexation agreement, the property will not require an additional public process for the future commercial building. The agreement does call for the future commercial building to be built in a manner that is compatible with the Family Video, utilizing comparable materials and design elements.

Town staff supports the proposed site plan with the following conditions:

1. Pavement. The parking lot design should be changed to decrease the aisle sizes and back up space. The proposed 28-35 feet of aisle and back up space is greatly in excess of the 23-25 feet that we routinely require on other projects. Furthermore, the Town’s stormwater management plan calls for the minimization of impervious surfaces, and other developers have complied. 2. Landscaping. The site must meet the Community Design Standards landscaping provisions. As stated in the Background section, Town staff will work with the developer to correct the minor code issues currently shown on the plan. In particular, the shade trees in the parking lot interior need to be more evenly spaced, as required by code. Two more trees are required along Linden. In addition, the current plan is deficient in the number of trees due to the removal of trees considered “significant” by the code. The deficient number of trees may be offset by the payment of a fee-in-lieu. Town staff will work with the developer to either get more and/or larger trees onto the site or to determine the required fee-in-lieu. 3. Dumpster. The dumpster enclosure should be masonry. 4. Agreement. Town staff supports the waiver of adjacent roadway fees on Linden because all other development adjacent to Linden has had the fee waived.

TOWN STAFF RECOMMENDATION

For the reasons set forth above, Town staff recommends the Planning Commission forward a positive recommendation on the land use matters contained within the Annexation Agreement – the proposed Zoning Map Amendment and Site Plan – with the aforementioned conditions.

3 TOWN COUNCIL ACTION REPORT

January 14, 2010

An Ordinance Annexing Property to the Town of Normal -- Family Video Movie Club, Inc. (Linden and Raab)

PREPARED BY: Mercy Davison, Town Planner

REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel Greg Troemel, Director of Inspections

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Ordinance

BACKGROUND

As explained in the previous Council Report, Family Video is proposing to develop the agricultural property at the northeast corner of Linden and Raab. The property is approximately 2.8 acres in size. Assuming the Town Council has approved the proposed annexation agreement, Family Video is requesting that the Town annex the property at this time.

DISCUSSION/ANALYSIS

With development on four sides and utilities generally available to serve this property, development of the property is a logical and efficient use of land. Thus, Town staff recommends approval of the proposed annexation plat.

ORDINANCE NO. ______

AN ORDINANCE ANNEXING PROPERTY TO THE TOWN OF NORMAL – FAMILY VIDEO MOVIE CLUB, INC. (LINDEN AND RAAB)

WHEREAS, the Town of Normal is a Home Rule unit of local government with authority to legislate in matters concerning its local government and affairs; and

WHEREAS, the Town of Normal has authority pursuant to Illinois Municipal Code to annex property to the corporate limits of the Town of Normal upon petition of property owners thereof; and

WHEREAS, the Town of Normal has received a petition for annexation of certain property to the Town of Normal; and

WHEREAS, said annexation is pursuant to the terms of an Annexation Agreement; and

WHEREAS, it is in the best interest of the health, safety, and welfare of the citizens of Normal to annex the property described in said petition to the Town of Normal.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That all of the property described in the Annexation Plat of Linden St. and Raab Road (Family Video Movie Club, Inc.) prepared by Phillip W. Cochran, Illinois Professional Land Surveyor No. 2458 dated October 28, 2009, Town of Normal file stamp dated November 16, 2009, attached hereto by reference be and the same is hereby annexed to the Town of Normal and the corporate limit map of the Town of Normal is hereby amended accordingly.

SECTION TWO: That the Town Clerk be and she is hereby authorized and directed to file a certified copy of this ordinance along with the annexation plat attached hereto with the County Clerk of McLean County and provide such other notice of annexation as required by law.

SECTION THREE: That the Town Clerk be and she is hereby directed and authorized to publish this ordinance in pamphlet form as provided by law.

SECTION FOUR: That this ordinance shall take effect ten days after its publication as provided by law.

SECTION FIVE: That this ordinance is adopted pursuant to Home Rule Authority granted the Town of Normal by Article 7, Section 6, of the Illinois Constitution, 1970.

SECTION SIX: That this Ordinance pertains to property identified as Parcel No. ______.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois

ATTEST:

______Town Clerk

(seal)

The foregoing ordinance was voted upon and passed by the President and Board of Trustees of the Town of Normal on the ____ day of ______, 2010, with ______voting aye; ______abstaining; ______voting nay: and ______absent.

AYE NAYOTHER AYE NAYOTHER Councilwoman Reece Councilman Chambers Councilman Nielsen Councilwoman Gaines Councilman Fritzen Mayor Koos Councilman Scott

The foregoing ordinance was approved by the President and Board of Trustees of the Town of Normal on the _____ day of ______, 2010.

The foregoing ordinance was published in pamphlet form on the ___ day of ______, 2010. TOWN COUNCIL ACTION REPORT

January 14, 2010

An Ordinance Rezoning Property in the Town of Normal -- Family Video Movie Club, Inc. (Linden and Raab)

PREPARED BY: Mercy Davison, Town Planner

REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel Greg Troemel, Director of Inspections

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Approval

PLANNING COMMISSION RECOMMENDATION: Denial (6-0)

ATTACHMENTS: Proposed Ordinance

BACKGROUND

As explained in the previous Council Reports, Family Video is proposing to develop the agricultural property at the northeast corner of Linden and Raab. The property is approximately 2.8 acres in size. Assuming the Town Council has approved the proposed annexation agreement and has annexed the land, Family Video is requesting that the Town rezone the property from A-Agriculture to B-1 General Business at this time.

DISCUSSION/ANALYSIS

As noted in the previous two Family Video reports, the Planning Commission held a public hearing for the annexation agreement and the land uses contained therein, including the proposed rezoning, on December 10, 2009. Following its findings of fact, the Planning Commission voted 6-0 against the rezoning. The general concern of the commissioners and neighboring property owners was that the Family Video development and commercial uses would be incompatible with the surrounding single family uses. Specific concerns included hours of operation, noise, increased traffic, impact on the Constitution Trail, and a decrease in property values.

Sec. 15.12-2(C) of the Municipal Code provides guidelines for zoning map amendments. The guidelines include the following: 1) the suitability of the subject property for uses authorized by the existing zoning; 2) the length of time the property has remained vacant as zoned considered in the context of land development in the area; 3) the suitability of the subject property for uses authorized by the proposed zoning; 4) the existing land uses of nearby property; 5) existing zoning of nearby property; and 6) relative hardship or gain to the public compared with that of the owner resulting from the outcome of the zoning map amendment decision.

TOWN COUNCIL ACTION REPORT

Town staff finds that the lot in question meets these guidelines. The existing Agricultural zoning is a carry- over from the previous owners’ much larger farming operation. The proposed B-1 zoning is appropriate given the site’s location at the intersection of two major streets. Furthermore, the Town’s Comprehensive Plan shows this property developing as a small commercial center.

For these reasons, Town staff recommends in favor of the requested B-1 General Business zoning classification.

ORDINANCE NO. ______

AN ORDINANCE REZONING PROPERTY IN THE TOWN OF NORMAL - FAMILY VIDEO MOVIE CLUB, INC. (LINDEN AND RAAB)

WHEREAS, the Town of Normal is a Home Rule Unit of local government with authority to legislate in matters pertaining to its local government and affairs; and

WHEREAS, the Town of Normal has enacted a comprehensive Zoning Code incorporated as Chapter 15 of the Municipal Code, Town of Normal, Illinois, as amended; and

WHEREAS, after notice and hearing as provided by law, the Normal Planning Commission did on December 10, 2009, recommend against approval of the Petition to Rezone certain property hereinafter described from A-Agricultural District to B-1 General Business District; and

WHEREAS, it is in the best interest of the health, safety and welfare of the citizen of Normal to approve said requested zoning change.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That the property described as follows:

Tract 1: The East 52 ¼ feet of Lots 2 and 3 in the Twenty-second Addition To the Town of Normal, in McLean County, Illinois. PIN: 14-28-376-009

Tract 2: The West 52 ¼ feet of the East 104 ½ feet of Lots 2 and 3 in the Twenty-Second Addition to the Town of Normal, in McLean County, Illinois. PIN: 14-28-376-008

Tract 3: The West 104 ½ feet of Lot 2 in the Twenty-Second Addition to the Town of Normal, in McLean County, Illinois. PIN: 14-28-376-001

Tract 4: The West 104 ½ feet of Lot 3 in the Twenty-Second Addition to the Town of Normal, in McLean County, Illinois. PIN: 14-28-376-002

be and the same, is hereby rezoned from A-Agricultural to B-1 General Business District, and the Zoning Map for the Town of Normal is hereby amended accordingly.

SECTION TWO: That the report and recommendation of the Planning Commission is hereby received, approved and placed on file.

SECTION THREE: That the Town Clerk be, and she is hereby directed and authorized to publish this Ordinance in pamphlet form as provided by law.

SECTION FOUR: That this ordinance shall take effect ten days after the date of its publication.

SECTION FIVE: That this ordinance is adopted pursuant to Home Rule Authority granted the Town of Normal by Article 7, Section 6, of the Illinois Constitution, 1970.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois

ATTEST:

______Town Clerk

(SEAL)

The foregoing ordinance was voted upon and passed by the President and Board of Trustees of the Town of Normal on the ____ day of ______, 2010, with ______voting aye; ______abstaining; ______voting nay: and ______absent.

AYE NAYOTHER AYE NAYOTHER Councilwoman Reece Councilwoman Gaines Councilman Nielsen Councilman Chambers Councilman Fritzen Mayor Koos Councilman Scott

The foregoing ordinance was approved by the President and Board of Trustees of the Town of Normal on the _____ day of ______, 2010.

The foregoing ordinance was published in pamphlet form on the ___ day of ______, 2010. TOWN COUNCIL ACTION REPORT

January 14, 2010

A Resolution Conditionally and Partially Approving a Site Plan for 602 and 604 South Kingsley and 607 Dale -- Papa John's

PREPARED BY: Mercy Davison, Town Planner

REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel Greg Troemel, Director of Inspections

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Denial

PLANNING COMMISSION RECOMMENDATION: Conditional Approval (6-0)

ATTACHMENTS: Proposed Resolution; Aerial Map; Zoning Map; Staff Report to the Planning Commission; Minutes of the January 7, 2010 Planning Commission meeting are included in the Addendum.

BACKGROUND

Developer Colburn-Hull, LLC owns four lots at the southeast corner of Kingsley and Dale, addressed as 602 S. Kingsley (Papa John’s), 604 S. Kingsley (rental house) and 607 Dale (The Rock). All four lots are zoned B-1 General Business. The properties to the north, east, and south are also zoned B-1, and the properties to the west are zoned R-2 Mixed Residential.

The developer proposes to clear the site and build a 4-story, mixed use building with commercial uses on the first floor and apartments on the upper floors. The proposed building has approximately 6,200 square feet of commercial space on the first floor and a total of 30 bedrooms on the upper stories (12 x 2-bedroom units and 6 x 1-bedroom units). The building will be built to the front property line facing Dale with a 5-foot setback from the east property line.

The proposed site plan includes two access points – one from Dale and one from the alley – into a 48- space parking lot. The existing curb cuts on Kingsley will be eliminated. The parking lot is set back 25 feet from the west property line. That area will be landscaped and will have a 3-foot decorative, metal fence with 5-foot tall brick piers.

The building design utilizes brick, glass, and metal canopy accents on the first floor with the upper stories clad primarily in EIFS. The elevation facing Dale will have banner signs with accent lighting. The north and west elevations will have wall signage utilizing internally lit channel lighting.

The landscaping plan meets the overall requirement for 20% green space on the site. However, where code requires 7% parking lot landscaping, the plan shows 6.2%. The proposed lighting plan meets code.

TOWN COUNCIL ACTION REPORT

The property is located within the Main Street Corridor, where the Interim Design Guidelines require Site Plan approval for all commercial development. With the exception of two waivers, the proposed Papa John’s development meets the Interim Guidelines. The building is more than 3 stories tall, the storefront design meets the transparency requirements, entrances face the street and the parking lot, first floor materials are durable, and the building will achieve LEED certification. Furthermore, the parking lot design minimizes pavement, curb cuts are eliminated from Kingsley, no freestanding signage is proposed, and a 6- foot sidewalk will be built.

Two waivers are required. First, a waiver is required for the location of the building on the site. The Interim Guidelines require buildings to be built to the front property line with parking located behind the building. For corner lots, the front property line is considered to be Main, Kingsley, or Center. The proposed Papa John’s building faces Dale with parking located adjacent to Kingsley.

Second, a waiver is required for the parking lot design, which has slightly less than the required 7% parking lot landscaping.

DISCUSSION/ANALYSIS

Sec. 15.8-5 of the Municipal Code sets forth the Site Plan review standards, which include the minimization of incompatibilities between the development and surrounding properties, the extent to which the adjacent roadways can accommodate the development, and the extent to which the proposed development will favorably or adversely affect other persons or property. Site Plan review within the Main Street Corridor also includes the standards set forth in the Interim Guidelines, which include a minimum building height, urban architectural design features, wider sidewalks, and location of the building near the street with parking located behind the structure.

The proposed Papa John’s redevelopment meets most of the requirements of the Site Plan and Interim Guidelines. The area surrounding the Illinois State University campus is a logical area for dense, mixed-use development. The properties located between Main and Kingsley are busy commercial sites. The state highway buffers these properties from the residential properties to the west. Thus, the redevelopment is appropriate for the area and nearby properties should be minimally impacted.

Furthermore, the Interim Guidelines promote the redevelopment of this area into a dense, mixed-use environment. The guidelines call for taller buildings, less parking, and more urban architecture than elsewhere in the community. The proposed Papa John’s redevelopment meets these goals with one significant exception – the parking adjacent to Kingsley. The guidelines require buildings to screen parking from Main and Kingsley in order to make the corridor more pedestrian-oriented. The redevelopment also fails to meet the code-required minimum of 7% interior parking lot landscaping.

Based on the building location and the interior parking lot landscaping waiver, Town staff forwarded a negative recommendation to the Planning Commission.

The Planning Commission considered the proposed Papa John’s Site Plan at a public hearing on January 7, 2010. Aside from testimony provided by the developer, no members of the public testified. The commissioners asked the developer to explain why the new building can not be built adjacent to Kingsley with the parking located behind.

The developer, who also owns the Papa John’s restaurant, stated that he needs to build the new structure before tearing down the existing restaurant so that operations will be minimally impacted. If he ceases operating for more than 60 days, he will face significant issues with his franchise agreement. Thus, the structure must be built on the east side of the lot with parking ultimately constructed adjacent to Kingsley. The developer further stated that one positive impact of this location is that the commercial business will be located further from the residences on the west side of Kingsley than if it were built right TOWN COUNCIL ACTION REPORT up to the Kingsley property line. The owner also highlighted the landscaped area along Kingsley with the decorative fence, which should soften the visual impact of the parking lot.

The commissioners also asked about parking. Mr. Troemel stated that the Interim Guidelines do not require a minimum number of spaces; however, if the underlying parking code requirements were applied, the project would be close to code.

Although several commissioners expressed concern about the precedent of permitting parking in front of a building in the Main Street Corridor, they cited the significant franchise issues as reason to support this proposal. They also noted that the development will be a great improvement over current conditions.

Following its findings of fact, the Planning Commission voted unanimously (6-0) in support of the proposed Papa John’s redevelopment on the condition that the interior parking landscaping be increased to meet the code requirement of at least 7%. The developer subsequently stated that he will meet the interior parking lot landscaping requirement.

Town staff agrees that the proposed redevelopment of the four lots would be a significant improvement over current conditions. The proposed building design is attractive, and the uses fit well into the college campus area. However, the location of parking adjacent to Kingsley is a fairly substantial departure from the goals of the Interim Guidelines. Thus, Town staff recommends against the proposed Papa John’s redevelopment.

RESOLUTION NO. ______

A RESOLUTION CONDITIONALLY AND PARTIALLY APPROVING A SITE PLAN FOR 602 AND 604 SOUTH KINGSLEY AND 607 DALE – PAPA JOHN’S

WHEREAS, the Town of Normal is a Home Rule unit of local government with authority to legislate in matters concerning its local government and affairs; and

WHEREAS, the Town of Normal has adopted a comprehensive Zoning Code incorporated as Chapter 15 of the Municipal Code Town of Normal Illinois, as amended; and

WHEREAS, Keach Architectural Design has petitioned for a site plan approval; and

WHEREAS, the Normal Planning Commission did on January 7, 2010, after notice and hearing as required by law, recommend approval of the petition for site development plan; and

WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to approve a site development plan for the development at 604 and 604 South Kingsley and 607 Dale Streets.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That this resolution pertains to the following property:

Tract 1: The East 52 ¼ feet of Lots 2 and 3 in the Twenty-second Addition To the Town of Normal, in McLean County, Illinois. PIN: 14-28-376-009

Tract 2: The West 52 ¼ feet of the East 104 ½ feet of Lots 2 and 3 in the Twenty-Second Addition to the Town of Normal, in McLean County, Illinois. PIN: 14-28-376-008

Tract 3: The West 104 ½ feet of Lot 2 in the Twenty-Second Addition to the Town of Normal, in McLean County, Illinois. PIN: 14-28-376-001

Tract 4: The Wes 104 ½ feet of Lot 3 in the Twenty-Second Addition to the Town of Normal, in McLean County, Illinois. PIN: 14-28-376-002

SECTION TWO: That this resolution pertains to the site plan on file in the office of the City Clerk.

SECTION THREE: That said site plan, be and the same, is hereby approved with following waivers and conditions:

Conditions:

A. Project must be LEED certified and owner must submit such Certificate to Town Staff within 6 months of completion of the project.

Waivers:

A. To permit building location as depicted on the Site Plan submitted to the Town.

SECTION FOUR: That all use and development of the property described herein shall comply with all Town of Normal codes, ordinances, rules and regulations and this approving resolution and the property shall be maintained in accordance with this approved site plan.

ADOPTED this _____ day of ______, 2010.

APPROVED:

______President of the Board of Trustees of the Town of Normal, Illinois

ATTEST:

______Town Clerk

(seal)

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Site Plan

Case #: 10-01-01-PC Applicant: Keach Architectural Design Location: 602 & 604 S. Kingsley and 607 Dale Date: January 7, 2010

Brief Description: Proposed Site Plan for the redevelopment of 602 & 604 S. Kingsley and 607 Dale, where the owner intends to clear the site and build a 4-story mixed-use building.

Staff Recommendation: Denial

(NOTE: There are two packets of information from Papa John’s. The larger packet with color photos was their original submittal. The smaller packet is a revised site plan and landscaping plan. The revision moved the parking further from Kingsley and added some green space.)

PROJECT DESCRIPTION:

Colburn-Hull, LLC owns four lots at the southeast corner of Kingsley and Dale, addressed as 602 S. Kingsley (Papa John’s), 604 S. Kingsley (rental house) and 607 Dale (The Rock). The owner proposes to clear the site and build a 4-story, mixed use building with commercial uses on the first floor and student-oriented apartments on the upper floors. The existing Papa John’s will not be demolished until the new space is available.

The proposed building has approximately 6,200 square feet of commercial space on the first floor and a total of 30 bedrooms on the upper stories (12 x 2-bedroom units and 6 x 1-bedroom units). The building will be built to the front property line on Dale with a 5-foot setback from the east property line.

The proposed site plan includes two access points – one from Dale and one from the alley – into a parking lot with 48 parking spaces. The existing curb cuts on Kingsley will be eliminated. The parking lot is set back 25 feet from the west property line. The area will be landscaped and will have a 3-foot decorative, metal fence with 5-foot tall brick piers.

The building design utilizes brick, glass, and metal canopy accents on the first floor with the upper stories clad primarily in EIFS with some extension of brick to the upper stories. The north elevation facing Dale will have vertical banner signs with accent lighting. Wall signage for the businesses is shown on the west and north sides of the building. Internally lit channel lighting will be used.

Mechanical equipment will be located on the roof, screened by the building parapet. If mechanical equipment is added on the ground, it will be screened. A masonry dumpster enclosure will be located near the alley.

The landscaping plan meets the overall requirement for 20% green space on the site; however, where code requires 7% interior parking lot landscaping, the plan shows 6.2%. The proposed lighting plan meets code.

The property is located within the Main Street Corridor. The Town created the Main Street Interim Guidelines in March 2008. The Interim Guidelines were established to control development between the time the Town Council approved the Main Street Redevelopment Plan (December 2007) and the adoption of a Form-Based Code. Town staff drafted the Interim Guidelines to follow the general principles set forth in the approved Main Street Redevelopment Plan, which calls for a more urban architectural style.

Interim Guidelines

With two exceptions, the proposed Papa John’s redevelopment meets the Interim Guidelines. The building is more than 3 stories tall, the storefront design meets the transparency requirements, entrances face both the street and the parking lot, first floor materials are durable, and the building will meet LEED certification standards. Furthermore, the parking lot design minimizes pavement, curb cuts are eliminated from Kingsley, no freestanding signage is proposed, and a 6-foot sidewalk will be built.

A waiver is required for the location of the building on the site. The Interim Guidelines require buildings to be built to the front property line with parking located behind the building. For corner lots, the front property line is considered to be Main Street, Kingsley, or Center. The proposed Papa John’s redevelopment locates the building near the east property line adjacent to the alley, with parking located adjacent to Kingsley.

A waiver is also required for the parking lot design, which has only 6.2% interior parking lot landscaping where code requires at least 7%.

The Interim Guidelines do not require any minimum amount of parking for either residential or commercial uses. Thus, no waivers are required for the proposed parking.

The Interim Guidelines are attached for reference.

As has been the case with other Main Street developments, there is a conflict between the Interim Guidelines requirement that the structure be at least three stories tall and the underlying code requirement for a transitional height limitation when commercial properties are adjacent to residential properties. The transitional height limit in this case would typically be no more than 2 stories.

Representatives of the property owner will be present to answer questions during the public hearing.

ZONING & GENERAL LAND USE

Zoning District Land Use Subject Property B-1 General Business Papa John’s Restaurant The Rock Restaurant Rental House Adjacent North B-1 General Business Mixed-Use Commercial Adjacent East B-1 General Business Zorba’s Restaurant Adjacent South B-1 General Business Parking Lot Adjacent West R-2 Mixed Residential Residential

2 STAFF RECOMMENDATION

The area surrounding the Illinois State University campus is a logical area for dense, mixed-use student residential development. The properties located between Main and Kingsley are high traffic, busy commercial sites. The state highway buffers these properties from the residential properties to the west.

The Interim Guidelines promote the redevelopment of this area into a dense, mixed-use environment. The guidelines call for taller buildings, less parking, and more urban architecture than elsewhere in the community. The proposed Papa John’s redevelopment meets these goals with one significant exception – the parking adjacent to Kingsley. The guidelines require buildings to screen parking from Main and Kingsley in order to make the corridor more pedestrian-oriented in appearance.

The Papa John’s owner wants to build the new structure before tearing down the existing restaurant so that operations will be minimally impacted. This necessitates the structure being built on the east side of the lot with parking ultimately constructed adjacent to Kingsley. One potentially positive impact of this location is that the commercial business will be located further from the residences on the west side of Kingsley than if it were built right up to the Kingsley property line. The owner is also providing a very nice landscaped area with a decorative fence to soften the visual impact of the parking lot.

The proposed redevelopment of the four lots would be a significant improvement. The proposed building design is attractive, and the uses fit well into the college campus area. However, the location of parking adjacent to Kingsley is a fairly substantial departure from the goals of the Interim Guidelines. Thus, Town staff recommends against the proposed Papa John’s redevelopment.

3

New Business

TOWN COUNCIL ACTION REPORT

January 14, 2010

Motion to Adjourn to Executive Session

PREPARED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: That the Council adjourn to Executive Session

BACKGROUND

Staff is requesting that the Council adjourn to Executive Session immediately following your regular meeting of January 19, 2010. The purpose of this Executive Session is to approve the minutes of the Executive Session on January 4, 2010. In addition, staff would like to discuss with the Council matters pertaining to land acquisition.

Addendum

TOWN OF NORMAL PLANNING COMMISSION MINUTES THURSDAY, DECEMBER 10, 2009, 5:00 P.M. REGULAR MEETING, CITY HALL COUNCIL CHAMBERS 100 E. PHOENIX AVE., NORMAL, IL

Members Physically Present:

Mr. Boser, Mr. Feid, Mr. McFarland, Ms. Hutchison, Mr. McBride, Ms. Lorenz and Mr. Bradley

Members Absent:

None

Others Present:

Mr. Mahrt, Corporation Counsel, Ms. Davison, Town Planner, Mr. Troemel, Director of Inspections, Mr. Brown, Town Engineer, and Ms. Elgin, Office Associate

Call to Order:

Chairman Boser called the meeting to order at 5:00 p.m. and noted that a quorum was present.

Approval of Minutes:

Motion was made by Mr. Feid, seconded by Mr. McFarland, to approve the November 5, 2009, minutes as submitted. Motion carried 7-0.

Public Hearings:

a. 09-12-24-PC: Zoning Map Amendment (1898 Gregory Street – Corn Belt Power Station)

Ms. Davison reviewed the staff report. She said that Council annexed the property in October. When a property is annexed it comes into the Town zoned as Agriculture and the request is to rezone to S2.

There was no one else to speak regarding the application.

Ms. Hutchison moved, seconded by Mr. McBride, to recommend approval of the application to Council.

Mr. Feid noted that the rezoning was consistent with previous rezoning.

PLANNING COMMISSION MINUTES 2 DECEMBER 10, 2009

Ayes: Mr. Feid, Mr. McBride, Ms. Hutchison, Ms. Lorenz, Mr. McFarland, Mr. Bradley and Mr. Boser Nays: None Motion declared carried.

b. 09-12-25-PC: Zoning Map Amendment (1010 S. Main Street) c. 09-12-26-PC: Preliminary Development Plan (1010 S. Main Street Apartments PUD)

Ms. Davison reviewed the staff report. She said that items b and c would be heard together but voted on separately. The request is to rezone from B-1 to R3-A. The previous proposal in August was to rezone to R3-B. There was one building with 350 bedrooms and 198 parking spaces and the alley would have been removed. This proposal was rejected by the Planning Commission due to issues regarding property maintenance, noise, large number of bedrooms, distance, safety, size of the building and the number of parking spaces. The applicant withdrew the plan before going to the Council.

The new plan proposes six separate townhome style buildings similar to Lincoln Square Apartments on Vernon. There will be 55 units with 220 bedrooms and 166 parking spaces. There will be two rows of buildings with parking in the middle. The parking impact zone would require 165 spaces. Setbacks will be 6’ on Main and 5’ on Cullom. The landscaping and lighting will meet code. They will contract with an apartment management firm. There are waivers requested for floor area ratio of 64.3% where the PUD code permits a maximum of 52.8%. Requested open area is 119% of floor area. They are requesting a waiver on building height due to the possibility that the buildings could be more than two stories out of the ground because of the topography. The property will have streets on three sides. There is 30’ between the buildings and the east property line. A transitional yard setback waiver may be required for the portion of the property adjacent to R1 rear yards if the property’s side yard is also deemed to be a rear yard. The front stoops and building front setback are not in accordance with the interim guidelines.

Staff supports R3-A zoning and believes that the location is appropriate. There is passively designed outdoor recreation area. Staff supports the site plan and waivers. They recommend approval with conditions of more brick on Cullom St. side and the siding be cement board instead of vinyl. Also, the fence along the railroad should match the design used to the northeast.

Mr. Feid said that the current zoning was B1 and asked if Ms. Davison could list the uses approved under the B1 zoning. Ms. Davison said that there could be commercial use on the first floor with residences above. She said that there are a large number of uses in B1 zoning.

PLANNING COMMISSION MINUTES 3 DECEMBER 10, 2009

Mr. Feid asked about the management and security plan. Ms. Davison said that the Town does not get involved with apartment management until there is a problem. Mr. Troemel said that there have been some problems with some complexes along the Trail that have been addressed.

Mr. Feid asked about the transitional area. Ms. Davison showed the yards on the plan. Mr. Troemel said that they had called the east side a rear yard.

Mr. Boser asked if traffic off Cullom would be between buildings. Ms. Davison said yes.

Mr. Bradley asked to address the concerns of the single-family residents. The theatre has had late night activity for decades, but this is not the same as students. Ms. Davison said that she wanted to indicate that the property had not been a vacant lot and there has been activity.

Mr. Don Adams, Farnsworth Group, 2709 McGraw Dr., Bloomington, IL, was sworn in by Chairman Boser. Mr. Adams said that he represented 1010 S. Main LLC and that Ed Brady, Bobby Vericella and Rory O’Connor were also present. He said that this is a large complex in an urban setting. They had a lot of input from neighbors on the previous plan. They have gotten more input and have revised the project. They believe any student housing will be objectionable. The proposed plan has six much smaller buildings facing out with the interior for parking and activity. They have dropped the density significantly (by one third) from the previous plan. They are requesting a minor waiver of 2 ½ stories. Parking has changed to .75 spaces per bedroom. The waivers are minor, some because of overlapping codes and some from the PUD process.

Mr. Adams said that there are concerns for the need for student housing. ISU has eliminated two dorms and plan to eliminate more. Student living in dorms has changed. The theatre has limited value. The site has limited access and the grade makes it a difficult property to develop. The property is adjacent to a highway and has limited value as single-family. It has R3B zoning adjacent and fits into the Town plan and the Main Street Plan. They feel it is ideal for student housing. It is located between ISU and IWU and half a block from the public transit green line. Density is below code allowed for R3-A; 18 units vs. 22 units. It has a feel of a less dense development. Traffic will be pedestrian and vehicular. They are proposing .75 parking spaces per bedroom. Each unit will be assigned two stickers. There will be 15 visitor parking spaces. The remaining 44 spaces will be assigned on a first come basis. Any violators will be towed. The Town wants to minimize parking and encourage public transit. They will be within walking distance of the universities and businesses.

PLANNING COMMISSION MINUTES 4 DECEMBER 10, 2009

Mr. Adams said that they will not be changing the alley and it will not be a means of egress for the property. They have a management agreement with Redbird Apartment Management. They will be on site at least two times per week for housekeeping. There will be on-site security on Thursday, Friday and Saturday from 10:30 p.m. until 3:00 a.m. during the school year. There will be a security phone number available. A security fence will be placed along the railroad tracks. Leases will prohibit gatherings of more than 20 people. There is not a lighted recreation area and there are no balconies. Security cameras will be placed throughout the property. There will be a 6’ solid wood fence along the alley, which will discourage people from being dropped off in the alley.

Mr. Adams said that this is a LEED project. It will have local ownership. There will be improvements to a sub-standard street and improvements to the water main. There will be less water runoff than the existing site. This is an infill development. He said that they have been held up due to the Main Street Corridor Plans. The developer needs to settle with the owner of the property.

Ms. Hutchison asked if the recreation area was on the north and if the transitional yard included the alley. Mr. Adams said that the transitional yard does not include the alley. It will be 30’ to the fence, then 20’ for the alley. Ms. Hutchison asked if the front of the building would face the fence. Mr. Adams said that it would. Ms. Hutchison asked if they had considered eliminating units to avoid waivers. Mr. Adams said that they had not because they need to have enough units to support the security provided.

Mr. McBride asked how many cameras there would be.

Mr. Ed Brady, Bloomington, IL, was sworn in by Chairman Boser. Mr. Brady said that the security company they are working with is proposing approximately 17 cameras so that they have no blind spots outdoors.

Mr. Bradley said that there were 15 parking spaces for guests, and asked about the remaining 41 spaces. Mr. Adams said that it would leave 41 for a first come basis. Mr. Bradley asked where the rest of the residents were supposed to park. Mr. Adams said that they will be required to provide proof of off-premise parking availability. Mr. Brady said that there were 3 spaces per unit; 151 stickered spaces and 15 not stickered that will be marked as visitor parking. They are willing to address parking in a year if needed.

Mr. Bradley asked how traffic flow would affect the day care center being built nearby. Mr. Adams said that it would not be a problem. They will be coming and going at different times and directions. Main St. is a major arterial street. Ms. Hutchison asked if they anticipated using University St. Mr. Adams said yes, but

PLANNING COMMISSION MINUTES 5 DECEMBER 10, 2009

students probably won’t drive to campus since parking will not be available on campus.

Mr. Feid asked if any of the property was in a flood hazard area. Mr. Adams said that the south corner was, but it is above the 100 year flood plain and when they survey, they will have it removed.

Mr. Feid asked about architectural aspects of the buildings. Mr. Brady said that they would be using a lot of brick and can add windows on Cullom, some shake siding, possibly an eyebrow, and will use a concrete product for siding. They will be built the same quality as the homes that they build. They will use solid core doors, sump pumps and architectural shingles.

Chairman Boser asked about LEED points. Mr. Brady said that they will meet LEED standards. Mr. Boser asked about the wood fence along the alley. Mr. Adams said that as a result of the neighborhood meeting, a fence and/or dense landscaping was requested. The security company request that landscaping not be used and the neighbors wanted a fence.

Mr. Boser asked how many people attended the neighborhood meeting. Mr. Adams said that there were about 12.

Mr. Feid asked if the dumpster located on Church St. could be relocated to the interior. Mr. Adams said that it could.

Mr. Bradley asked how the gatherings of no more than 20 would be enforced. Mr. Brady said that it is in the lease. There will be on-site security during peak times. It will be posted and the police will know. The tenants could be evicted. Mr. Bradley asked if there would be a warning. Mr. Brady said that they have not written a lease, but there could be a warning. Mr. McBride asked if the number 20 was too high and asked if they thought about lowering it. Mr. Brady said that they did not want to create violations that are not “parties”.

The public hearing was opened.

Mr. Steven Denny, 1005 S. University, Normal, IL, was sworn in by Chairman Boser. Mr. Denny stated that the neighborhood is currently quiet and that the rezoning will ruin the area’s peace, safety, and security. He noted that the recent redevelopment of both churches on Church Street into student apartment complexes is enough of a burden on the neighborhood. He said the developers could not answer the question of whether or not they would want this development in their backyards.

Mr. Phil Bowles, Bloomington, IL, was sworn in by Chairman Boser. Mr. Bowles stated that the decline of the theater may very well be due to changes in the theater PLANNING COMMISSION MINUTES 6 DECEMBER 10, 2009

industry rather than to the site itself. He also noted his general disagreement with the Form-Based Code.

Ms. Kristy Embry, 1007 S. University, Normal, IL, was sworn in by Chairman Boser. Ms. Embry stated that she has been a resident in the neighborhood for 24 years. She said that the rezoning will drive out families because there will be constant noise and other problems with student residents. She noted that the adjacent R-3B is all very low density. She further noted that the petition against the rezoning includes signatures from sorority members who live adjacent to the northeast. She is concerned with a conflict between the development and the adjacent Rogy’s day care. She said the Comprehensive Plan does not support it, and she does not like the proposed waivers. She said traffic will be a problem, and the TIF report shows a high accident rate nearby at University and Beaufort and at Main and Hovey.

Ms. Embry then stated that the development needs one parking space per bedroom and that the lease restriction on parking will not work. Parking will end up on the neighborhood streets. Pedestrians in the area don’t have adequate sidewalks and there are no bike lanes. She said the project will look bad from Main Street. Regarding the screening provided by the trees in the alley, she said the plants have recently been thinned and there is no guarantee that the trees will be long-lived. She supports a fence on the west side of the alley, but she doesn’t understand why the developer would want the building to face east into the fence.

Ms. Embry also said the development will be a constant problem for the neighbors and a burden on the police department. She said the Oaks on Hovey neighbors are still unhappy about the student development near them. She then read a letter submitted by Carol Torrens, a property owner adjacent to the Oaks on Hovey development. Ms. Torrens’ letter states that student residents do not mix well with single family residents and that the rezoning should be denied.

Ms. Embry said security needed to be on-site until 5 a.m. rather than 3 a.m. and that the 20-person rule is too high. She gave Town staff a petition signed by 178 people opposed to the development.

Ms. Kathy Michael, Bloomington, IL, was sworn in by Chairman Boser. Ms. Michael stated her opposition to the Form-Based Code, which she perceives to be a primary reason that Town staff supports the proposed rezoning.

Chairman Boser closed the public hearing.

Ms. Lorenz moved to approve the proposed zoning map amendment. Ms. Hutchison seconded. Chairman Boser asked for discussion.

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Mr. Bradley said the failure of a specific business should not weigh in to the appropriateness of the zoning.

Ms. Hutchison stated that other B-1 uses could be more detrimental to the neighborhood. She further stated that while she dislikes mixing student residential developments with single family properties, the 1010 S. Main property is bordered by very few single family properties, thus distinguishing it from the Oaks on Hovey.

Mr. Feid said that the existing B-1 uses could be very disruptive, and few such uses would require a public hearing.

Ayes: Mr. Feid, Ms. Hutchison, Ms. Lorenz, Mr. McFarland and Mr. Boser Nays: Mr. McBride and Mr. Bradley Motion declared carried.

Ms. Hutchison moved to approve the Town staff recommendation in regard to the proposed Preliminary PUD with the added conditions of installing a fence along the east property line, enhancing security as suggested by Mr. Adams, and relocating the dumpster. Ms. Lorenz seconded.

Chairman Boser opened the floor to discussion.

Ms. Hutchison asked for a solid row of evergreens along the fence on the east side for additional screening. Town staff said they would investigate that with the developer.

Mr. Boser asked about the building facing east toward the fence. Mr. Adams explained that the proposed design was aimed at presenting the most attractive face to the single family residences but that the developer would be open to eliminating the appearance of the east façade.

Mr. Feid said he had heard nothing to support the waivers for transitional height and yard.

Mr. McBride asked Town staff about ISU’s plans for certified housing. Ms. Davison said that staff is not aware of any final decisions on that topic, but it is still a possibility.

Ms. Hutchison asked how the developer could achieve the 45-foot setback that Mr. Feid wanted.

Ms. Lorenz noted that the site is infill and the constraints are severe. The developer is just working with what he has.

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Ayes: Ms. Hutchison, Ms. Lorenz, Mr. McFarland and Mr. Boser Nays: Mr. McBride, Mr. Bradley, and Mr. Feid Motion declared carried.

Final list of conditions and waivers:

1. Landscaping plan must meet the Community Design Standards, including the significant tree requirements. 2. Cullom elevations must be improved with more brick and architectural features. 3. All siding must be cement fiber for durability. 4. The fence along the railroad must match the design used to the northeast. 5. The dumpster must be relocated to a site not adjacent to public right-of-way. 6. A fence must be added near the east property line. 7. The security plan must be enhanced with elements detailed by the applicant at the public hearing. 8. Waiver for front entrance design 9. Waiver for front yard setback 10. Waiver for parking adjacent to Main Street 11. Waiver for Floor Area Ratio in excess of the code maximum 12. Waiver for Open Space less than the code minimum 13. Waiver for transitional height 14. Waiver for transitional yard

d. 09-12-27-PC: Annexation Agreement (212 E. Raab Rd. – NE corner of Linden and Raab) with land use issues pertaining to a Zoning Map Amendment

Ms. Davison presented a summary of the proposed Family Video plan. Key elements include access points on Linden and Raab, a Family Video building at the southwest corner of the site, a strip commercial building at the northeast corner of the site, and plantings to screen the lot from adjacent properties.

Mr. Bradley asked if there were plans for the second commercial building. Ms. Davison said no. It will not be built until tenants are identified.

Mr. Feid asked where the list of B-1 uses with certain uses stricken originated. Ms. Davison said the same list had been used on the Kelley Glen development and on the Evergreen Village PUD development, both of which are located at the intersection of Raab and Towanda. The stricken uses were considered to be the most disruptive. Mr. Feid stated that some other uses not stricken are disruptive as well.

Mr. Feid asked why “convenience store” was included in the B-1 list as a new item. Mr. Troemel said it was added so that a convenience store would not be stricken along with the “Automotive Service Station” use.

PLANNING COMMISSION MINUTES 9 DECEMBER 10, 2009

Mr. Feid asked if there were safety concerns with the driveway crossing the Constitution Trail. Mr. Gene Brown answered that in some locations the Town posts warning signs but that the Town does not typically have private property owners post such signs.

Mr. Bradley noted that the development is not pedestrian friendly given that the fence will separate the neighborhood from the store.

Mr. Feid asked what agricultural uses could occur if the site remains a county property. Ms. Davison said most farm uses would be an option, including the keeping on livestock.

Mr. McBride asked if the access points are far enough away from the intersection. Mr. Brown said the accesses are as far away as possible, and all properties must be allowed access to a public street.

Mercer Turner, 1104 Tanger Ct., Normal, IL was sworn in by Chairman Boser. Mr. Turner testified on behalf of Family Video, noting that the Town’s Comprehensive Plan calls for commercial development on this corner. He also explained that Family Video wants more generous maneuvering room in the parking lot based on the high traffic volume (particularly during bad weather when people want to stay home and watch movies) and based on the number of families visiting the store. Thus, Family Video does not want to reduce the drive aisles and back up space as requested by Town staff.

Mr. McFarland and Mr. Bradley asked why Family Video does not locate in the Constitution Trail Centre, which is less than half a mile to the west.

David Nall of Family Video was sworn in by Chairman Boser. Mr. Nall testified as to the desirability of the Raab/Linden location, explaining that Family Video never locates within a large development such as the Constitution Trail Centre because it is not as convenient for customers. Family Video bases location decisions on the number of homes and the demographics of the area. Within a 1.5-mile radius, they need at least 8,000 people. That number is exceeded at Raab and Linden.

Ms. Hutchison asked about the hours of operation. Mr. Nall said Family Video hours are typically 10 a.m. until midnight every day of the year. They typically have 1-2 employees on site. Peak traffic times are 4 p.m. until 8 p.m. Mr. Nall also addressed issues pertaining to the longevity of the rental movie business, stating that Family Video would not make this investment if they were not planning to succeed.

Mr. McBride asked what the long-term outlook is for bricks-and-mortar rental stores given the advent of online movies and businesses like Netflix. Mr. Nall said the Family Video business is very strong and projects strong growth into the future. PLANNING COMMISSION MINUTES 10 DECEMBER 10, 2009

They own their real estate, they choose convenient locations, they have competitive pricing and a deep selection, and they are very community-oriented. Their business model is very different from the largest national chains like Blockbuster, which are closing stores across the country. Mr. Nall said Family Video has opened 50-60 stores per year for the past 5 years.

Chairman Boser opened the public hearing.

Mark Durbin, 302 Wildberry, Normal, IL (adjacent to the proposed Family Video site) was sworn in by Chairman Boser. Mr. Durbin testified against the proposed rezoning and site plan. He handed out photos of his view of the property from his back yard. He pointed out the existing fences in the backyards adjacent to the site and stated another fence would create a detrimental empty space. He further stated that there is enough commercial space in the Constitution Trail Centre, that the development will increase traffic at Raab and Linden, and that the adjacent property values will go down if the site is developed as a commercial use. He also said safety overall would be an issue with commercial development.

Mr. Durbin said the property is nice as it is, and it should be left as green space, perhaps a park. He said the surrounding neighborhoods have parks or green belts and Pheasant Ridge should have a park as well. He also said another driveway will make the Constitution Trail more dangerous. Mr. Durbin pointed to research done in Boulder, Colorado, showing that property values go up when adjacent to open space. He believes his property value and all the property values within Pheasant Ridge will go down if the property is rezoned to commercial.

Paul Huggett, 300 Wildberry, Normal, IL, was sworn in by Chairman Boser. Mr. Huggett also testified in opposition. His property is also adjacent to the Family Video site. He submitted a petition against the rezoning and site plan with 125 signatures. Mr. Huggett cited traffic, late night noise, decreased property values, and a dangerous conflict between cars and pedestrians using the Constitution Trail. He also cited the zoning code standards for B-1 zoning, which he finds to be incompatible with single family residential zoning, and stated that there are no other commercial lots in the community surrounded entirely by residential properties. He also recommended that Family Video build a store at the Constitution Trail Centre. He also said he would prefer the property remain as county agricultural zoning.

Karen McLees, 400 Wildberry, Normal, IL was sworn in by Chairman Boser. Ms. McLees testified against the proposed rezoning and site plan for reasons similar to those mentioned above. She also asked that the Town approve a zoning district more compatible with a single family neighborhood, such as a district with restricted hours of use. She is concerned with teenage clients of Family Video driving dangerously and being noisy. She is also concerned with declining property values and increased safety problems. PLANNING COMMISSION MINUTES 11 DECEMBER 10, 2009

Dakin Kinser, 301 Wildberry, Normal, IL was sworn in by Chairman Boser. Mr. Kinser also testified in opposition. His property is adjacent to the proposed Family Video site. He noted that the lighted architectural feature in front of the Family Video will be too bright. He also believes left turns out of the site onto Raab will not work. He encouraged the Town to keep the property residential.

Laura Mai, 303 Wildberry, Normal, IL, was sworn in by Chairman Boser. Ms. Mai stated her opposition to the proposal.

Jim McDowell, 509 Plumage, Normal, IL, was sworn in by Chairman Boser. Mr. McDowell stated his opposition, noting particular concern with the tenants in the commercial strip building.

Belinda Jones, 1621 Cutter Court, Normal, IL, was sworn in by Chairman Boser. Ms. Jones testified in opposition. She does not believe this plan fits into the Town’s overall vision, particularly in light of the goals of the 2030 Plan.

Linda Waters, 406 Gambel Court, Normal, IL, was sworn in by Chairman Boser. Ms. Waters testified in opposition. She stated that commercial zoning will cause neighborhood deterioration that can never be fixed.

Mercer Turner testified on behalf of Family Video, stating that they will do whatever the neighbors want in regard to a fence. He also emphasized that the Comprehensive Plan has shown this property developing as commercial since prior to Pheasant Ridge developing.

Jean-Marie Taylor, 404 Covey Court, Normal, IL, was sworn in by Chairman Boser. Ms. Taylor also testified in opposition. She said many more people are opposed to this development than testified at the hearing. She also said many B-1 uses are too disruptive for a neighborhood setting and that there is no compelling reason to rezone at this time because there is plenty of B-1 elsewhere.

Chairman Boser closed the public hearing.

Ms. Hutchison moved to approve the Town staff recommendation with the additional waiver required for transitional front yard on Linden. Mr. McBride seconded.

Chairman Boser opened the floor for discussion.

Chairman Boser noted that the Comprehensive Plan supports the zoning, but he is concerned about the Trail crossing.

PLANNING COMMISSION MINUTES 12 DECEMBER 10, 2009

Mr. Feid said the list of permitted uses is still too long. He also raised concern with the transitional yard waiver along Raab and Linden, stating that a new development should be able to meet this transitional green space requirement.

Mr. McFarland asked if the developer had met with the neighbors. Mr. Nall said they had not due to the busy holiday season and time required to prepare the plans. He also said they did not know about the transitional yard waiver until the public hearing.

Mr. McFarland asked if the item could be tabled for a month. Mr. Nall said the purchase option expires in December and that it will likely not help to speak with the neighbors if they are outright opposed to commercial zoning.

Ayes: None Nays: Mr. Feid, Mr. McBride, Ms. Hutchison, Ms. Lorenz, Mr. McFarland, Mr. Bradley and Mr. Boser Motion denied.

Other Business:

None

Adjournment:

There being no further business, Mr. Bradley moved, seconded by Ms. Hutchison to adjourn the meeting at 8:25 p.m.

Respectfully submitted,

Mercy Davison Town Planner

Sheila Elgin Office Associate

TOWN OF NORMAL PLANNING COMMISSION MINUTES THURSDAY, JANUARY 7, 2010, 5:00 P.M. REGULAR MEETING, CITY HALL COUNCIL CHAMBERS 100 E. PHOENIX AVE., NORMAL, IL

Members Physically Present:

Mr. Boser, Mr. Feid, Mr. McFarland, Ms. Hutchison, Mr. McBride, and Ms. Lorenz

Members Absent:

Mr. Bradley

Others Present:

Mr. Mahrt, Corporation Counsel, Ms. Davison, Town Planner, Mr. Troemel, Director of Inspections, Mr. Brown, Town Engineer,

Call to Order:

Chairman Boser called the meeting to order at 5:00 p.m. and noted that a quorum was present.

Approval of Minutes:

Ms. Lorenz offered a correction, noting that she was not present for the vote on Family Video at the Dec. 10 meeting. Mr. McFarland moved to approve the minutes with that correction, and Ms. Hutchison seconded. The minutes were approved by unanimous voice vote.

Public Hearings:

a. 10-01-01-PC: Site Plan (602 & 604 S. Kingsley and 607 Dale, Pappa John’s)

Ms. Davison provided a short summary of the proposed redevelopment of the Papa John’s area, which includes the Papa John’s site (602 S. Kingsley), The Rock (607 Dale), and a rental house (604 S. Kingsley). The proposal is to clear the site and build a 4-story, mixed use building with commercial on the first floor and three stories of student-oriented apartments above. The first floor will include a Papa John’s restaurant with a dining room. It will be much larger than the current Papa John’s. The rest of the first floor may include The Rock and potentially a third tenant.

The site will be accessed off Dale and the alley with all existing curb cuts on Kingsley eliminated. The parking lot will be adjacent to Kingsley with a 25-foot PLANNING COMMISSTION MINUTES 2 JANUARY 7, 2010

green space between the parking and the sidewalk. A decorative fence and landscaping materials will further screen the parking area. Although the site meets the 20% minimum green space requirement, the parking lot has only 6.2% green space in the interior where code requires at least 7%. Mechanicals will be screened on the roof. The building will be a combination of brick, metal, and EIFS.

Two waivers are required – one for the deficient parking lot landscaping and one for the location of the building and parking lot. The property is subject to the interim design guidelines, which require buildings to be adjacent to Main and Kingsley, with parking located behind. In this case, the parking is adjacent to Kingsley because the owner wants to keep the existing Papa John’s in operation until the new building is available.

Under the conventional code, the building would be limited to 2 stories, but the interim guidelines require at least 3 stories. Thus, a waiver is not required. Staff does not support the plan, although it is a very attractive building and an appropriate development for the area, based on the waiver for parking lot location.

Mr. Feid asked staff to clarify the height issue. Ms. Davison stated the underlying code sets a 2-story transitional height maximum because the site is adjacent to residential properties. The interim guidelines require at least 3 stories. Where there is a direct conflict between the interim guidelines and underlying code, the interim guidelines trump.

Mr. Feid asked if staff had considered requiring the fence to be closer to the sidewalk. Ms. Davison stated that staff likes the current location of the fence near the edge of the parking lot with landscaping buffering it from the sidewalk; however, it could be reversed. It’s more a matter of taste.

Sid Ruckriegel, 1230 W. Moss, Peoria, Illinois, was sworn in by Chairman Boser. Mr. Ruckriegel owns the Papa John’s and other properties slated for redevelopment. He owns many Papa John’s throughout Illinois and Indiana. He purchased the properties at issue approximately 4 years ago. The original plan was to remodel the existing Papa John’s; however, the building is so underwhelming in appearance and the site is so underutilized that he decided to do a larger redevelopment.

His proposed building will include higher end, urban-style apartments with one- bedroom, two-bedroom, and “one-plus” units, which will contain loft space for office use in a one-bedroom apartment. He hopes to target graduate students and perhaps young professors. The restaurant space itself will be higher end than the current restaurant as well, with an urban design.

Mr. Ruckriegel discussed the reason why the building location is as proposed. He said the original plan was to build on the existing Papa John’s building. However, his PLANNING COMMISSTION MINUTES 3 JANUARY 7, 2010

franchise agreement has severe consequences if he ceases operation for too long. Thus, he decided to move the building. He also stated the current building location may be better for the residences on the west side of Kingsley.

Mr. Ruckriegel discussed the landscaping plan, noting that he used a licensed landscape architect in order to maximize the design potential on a very small site. He pointed out the diversity of plantings, particularly the six species of tree.

Ms. Hutchison asked if the whole first floor would be Papa John’s. Mr. Ruckriegel said no. The Rock is a potential tenant, and third tenant is also possible.

Ms. Hutchison asked how long the Papa John’s would need to be closed down in order to trigger the franchise problems. Mr. Ruckriegel said 60 days.

Mr. Boser asked about the construction timeline. Mr. Ruckriegel said they plan to build as quickly as possible and that they intend to move into the first floor before the top floors are finished. He has done that recently in Indiana.

Mr. McBride asked Mr. Ruckriegel to address the conflict with the interim guidelines, noting that he supports the plan overall but is concerned about the precedent that could be set. Mr. Ruckriegel stated that the direct conflict with the franchise agreement makes it impossible for him to build the building according to the interim guidelines.

Mr. McBride asked if Mr. Ruckriegel had pressed the Papa John’s corporate office on their policy about being closed down. Mr. Ruckriegel said he had tried more than once to negotiate a longer period of time, but the corporate office will not yield.

Ms. Hutchison asked for a clarification on the number of units, beds, and parking spaces. Mr. Ruckriegel said there will be 30 beds – 3 one-bedroom units, 3 one plus units, and 12 two-bedroom units. Mr. Troemel said that depending on how the units are designed, the extra space in a unit may constitute a bedroom even if it’s not marketed in that way. Thus, there could be a handful more beds in the project. The site provides 48 spaces. Mr. Troemel noted that at one parking space per 200 square feet of mixed commercial space on the first floor, the underlying code would require approximately 24 parking spaces. The Parking Impact Zone in the underlying code would require .75 spaces per bed, or approximately 26 spaces. Thus, the proposed 48 spaces is close to the underlying code. He noted that no waiver is required because the interim guidelines do not require any minimum amount of parking.

Mr. Ruckriegel also noted the building will include bike storage for residents, and he anticipates fewer cars based on the proximity to campus. Mr. Boser noted that students tend to bring cars no matter what.

PLANNING COMMISSTION MINUTES 4 JANUARY 7, 2010

Ms. Hutchison asked if the number of spaces is truly adequate for the commercial users. Mr. Ruckriegel noted that his delivery cars are typically in and out, with only about 4 parked on the site at any one time. He also noted that his dining room will attract a lot of walk-by traffic, and pedestrian activity in the area is very high. Mr. Boser said there are often about 6 cars at The Rock during the lunch hour rush.

Mr. McBride said that although the proposed waiver for 6.2% interior parking landscaping is rather minor, he would prefer that it be eliminated by the developer providing the code-required 7% minimum. Mr. Troemel said it could be done without losing spaces. Mr. Ruckriegel said he would do it even if he has to eliminate a space.

Ms. Hutchison moved to accept the proposal as submitted on the condition that the 7% interior parking lot landscaping minimum be met. Mr. McBride seconded.

Ms. Hutchison stated her biggest concern is the precedent of allowing parking adjacent to Kingsley in conflict with the Main Street Plan.

Mr. McBride said he was initially going to vote against the plan based on this waiver, but he has changed his mind based on the franchise issue and the attractiveness of the development. He also noted how infill redevelopment poses many complications that merit some flexibility. Overall, Mr. McBride said the redevelopment will be a significant improvement.

Mr. McFarland asked staff why the Main Street Plan calls for parking to be located behind buildings. Ms. Davison answered that it is less comfortable for a pedestrian to walk alongside a row or parked cars than to walk next to a building. In addition, buildings closer to the sidewalk provide a more interested and vibrant pedestrian experience.

Mr. McFarland said he really likes the plan but is very concerned about the precedent of parking adjacent to Kingsley. He asked if the developer could provide more evergreens along Kingsley for a year-round screen.

Ms. Lorenz stated the plan already has many trees along Kingsley. Mr. Ruckriegel said his landscape architect tried to soften the appearance of the parking lot as much as possible and that there are overhead power lines to consider.

Ms. Davison suggested that ornamental grasses could provide year-round screening if desired.

Mr. McBride said the motion could be amended to require grasses. Mr. Boser said he does not like to design at the table.

PLANNING COMMISSTION MINUTES 5 JANUARY 7, 2010

Ms. Lorenz said the plan meets the spirit of what the Main Street Plan calls for. Because it’s infill, the developer does not have a lot of options. She stated she really likes the plan.

Vote: Ayes: Mr. Feid, Mr. McBride, Mr. McFarland, Ms. Hutchison, Ms. Lorenz and Mr. Boser Nays: None Motion declared carried.

Other Business:

Town staff alerted the commissioners to the upcoming Planning Commission agenda items – the Trails at Sunset Lake amended preliminary plan and code amendments pertaining to PUDs within the Parking Impact Zone.

Adjournment:

There being no further business Mr. McBride moved, seconded by Ms. Hutchison, to adjourn the meeting at 5:35 p.m. Motion carried 6-0.

Respectfully submitted,

Mercy Davison Town Planner

Sheila Elgin Office Associate