Town of Normal City Hall Normal, Illinois Phone: 454-2444

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

PROPOSED AGENDA FOR TOWN COUNCIL MEETING May 5, 2014 7:00 p.m.

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 April 21, 2014

B. Approval of Town of Normal Expenditures for Payment as of April 30, 2014

C. Motion to Award the Bid for Fiscal Year 2014-15 Concrete to the Low Bidder, Prairie Material of Bloomington, IL at a Price Per Cubic Yard of $85.80 for High Early Mix and $81.50 for S.I. Mix

D. Motion to Award the Bid for the Rehabilitation of Elevated Tank #1 to American Suncraft Co., Inc. at a Total Cost of $624,880 Including Additive Alternate

E. Motion Accept a Bid and Authorize Staff to Enter into a Contract with Union Roofing Company, Inc. for Low Slope Roofing at 102 North Street, 104 North Street, and the Community Activity Center in the Amount of $92,300, as well as Approval of an Associated Budget Adjustment

F. Resolution Authorizing the Execution of an Intergovernmental Agreement for Police Shooting Range Facility with the City of Bloomington

G. Resolution Authorizing the Execution of an Intergovernmental Agreement with the Towanda Fire Protection District

H. Resolution Authorizing the Extension of a Lease Agreement for Police Department Substation on Orlando Avenue

I. Resolution Authorizing Execution of a Lease Agreement Extension with The Illinois House of Representatives by its Agent, Illinois State Representative Dan Brady

J. Resolution Accepting Deed to 105 W. Poplar Street

K. Ordinance Vacating a Part of Adelaide Street North of Dale Street and Accepting a Dedication of Adelaide Street North of Dale Street

L. Ordinance Amending Section 25.16-3 of the Municipal Code – Parks and Recreation Fees

5. ITEMS REMOVED FROM OMNIBUS VOTE AGENDA

GENERAL ORDERS

6. Ordinance Approving an Amended Special Use Permit for Calvary Baptist Church (1017 N. School) for the Operation of a Food Pantry in the Residential Structure at 406 W. Summit

7. Ordinance Adding Division 12 of Chapter 17, Town of Normal Municipal Code – Administrative Adjudication and Approval of an FY 2014-15 General Fund Budget Amendment

NEW BUSINESS

8. Presentation by the Executive Director of the Central Illinois Regional Broadband Network (CIRBN)

CONCERNS

ADJOURNMENT

ADDENDUM

Minutes of the April 17, 2014 Zoning Board of Appeals Meeting

Omnibus Vote

MINUTES OF THE REGULAR MEETING OF THE NORMAL TOWN COUNCIL HELD IN THE COUNCIL CHAMBERS, NORMAL CITY HALL, FOURTH FLOOR UPTOWN STATION, 11 UPTOWN CIRCLE, NORMAL, MCLEAN COUNTY, ILLINOIS – MONDAY, APRIL 21, 2014.

1. CALL TO ORDER:

Mayor Chris Koos called the regular meeting of the Normal Town Council to order at 7:00 p.m., Monday, April 21, 2014.

2. ROLL CALL:

The Clerk called the roll with the following persons physically PRESENT: Mayor Chris Koos and Councilmembers Sonja Reece, Jeff Fritzen, Kevin McCarthy, and Cheryl Gaines. Also present were City Manager Mark Peterson, Deputy City Manager Pamela Reece, Corporation Counsel Steve Mahrt, and Town Clerk Wendy Briggs. ABSENT: Councilmembers Scott Preston and Chuck Scott.

3. PLEDGE OF ALLEGIANCE:

Mayor Koos led the Pledge of Allegiance to the Flag.

4. OMNIBUS VOTE AGENDA:

Mayor Koos excused himself from voting on any expenses he may have incurred while performing his Mayoral duties. Councilmember Reece excused herself from voting on any bills submitted by Advocate BroMenn Medical Center and from any expenses she may have incurred while performing her Council duties. Councilmember Fritzen excused himself from voting on any bills submitted by Bloomington Offset Process, Inc.

Items F and K were removed from the Omnibus Vote Agenda.

MOTION:

Councilmember McCarthy moved, seconded by Councilmember Fritzen, the Council Approve the Omnibus Vote Agenda.

AYES: Reece, Fritzen, McCarthy, Gaines, Koos. NAYS: None. ABSENT: Preston, Scott. Motion declared carried.

A. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 7, 2014: Omnibus Vote.

B. APPROVAL OF TOWN OF NORMAL EXPENDITURES FOR PAYMENT AS OF APRIL 16, 2014: Omnibus Vote.

COUNCIL MINUTES -2- APRIL 21, 2014

C. MOTION TO WAIVE THE FORMAL BIDDING PROCESS AND PURCHASE A 15-PASSENGER VAN FROM LEMAN’S CHEVROLET OF BLOOMINGTON, IL, IN THE AMOUNT OF $33,759.20: Omnibus Vote.

D. MOTION TO ACCEPT THE LOW BID AND AWARD A CONTRACT TO KREILING ROOFING OF PEORIA, IL, FOR THE REPLACEMENT OF THE FAIRVIEW FAMILY AQUATIC CENTER BATH HOUSE AND CONCESSION BUILDING ROOFS IN THE AMOUNT OF $48,945: Omnibus Vote.

E. MOTION TO ACCEPT A BID AND AWARD A CONTRACT TO H.J. EPPEL AND COMPANY OF PONTIAC, IL, FOR ASPHALT CART PATH EXTENSION FOR IRONWOOD GOLF COURSE IN THE AMOUNT OF $69,075: Omnibus Vote.

G. RESOLUTION AUTHORIZING STAFF TO COMBINE MULTIPLE EXISTING ELEVATOR SERVICE CONTRACTS WITH KONE, INC., INTO A SINGLE THREE-YEAR CONTRACT WITH KONE, INC.: Resolution No. 4983: Omnibus Vote.

H. RESOLUTION AUTHORIZING THE EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT WITH THE POLICE BENEVOLENT AND PROTECTIVE ASSOCIATION (PBPA) UNIT 22: Resolution No. 4984: Omnibus Vote.

I. RESOLUTION AUTHORIZING AN AGREEMENT FOR CONSTRUCTION MATERIALS TESTING SERVICES FOR THE 2014 CONSTRUCTION SEASON WITH RAMSEY GEOTECHNICAL ENGINEERING LLC OF BLOOMINGTON, IL: Resolution No. 4985: Omnibus Vote.

J. SUPPLEMENTAL RESOLUTION APPROPRIATING $431.00 OF MOTOR FUEL TAX FUNDS FOR THE US ROUTE 51/I-55 RAMP TRAFFIC SIGNALS IMPROVEMENTS PROJECT AND INSTALLATION OF UNINTERRUPTED POWER SUPPLY (UPS) UNITS TO TRAFFIC SIGNALS ON VETERANS PARKWAY: Resolution No. 4986: Omnibus Vote.

L. ORDINANCE CONDITIONALLY TRANSFERRING JURISDICTION OF A PORTION OF RAAB ROAD FROM .20 MILES WEST OF COUNTY HIGHWAY 29 (TOWANDA-BARNES ROAD) WESTERLY .35 MILES FROM THE TOWANDA TOWNSHIP ROAD DISTRICT TO THE TOWN OF NORMAL: Ordinance No. 5537: Omnibus Vote.

5. ITEMS REMOVED FROM OMNIBUS VOTE AGENDA:

F. MOTION TO AUTHORIZE THE RENEWAL OF THE TOWN’S PARTICIPATION IN THE MICA INSURANCE PROGRAM FOR PLAN YEAR 2014-15 BEGINNING ON MAY 1, 2014:

COUNCIL MINUTES -3- APRIL 21, 2014

MOTION:

Councilmember Fritzen moved, seconded by Councilmember Reece, the Council Authorize the Renewal of the Town’s Participation in the MICA Insurance Program for Plan Year 2014-15 Beginning on May 1, 2014.

Councilmember Fritzen posed questions for clarification concerning MICA’s procedures for investigating Workers Compensation Claims. City Manager Mark Peterson responded that MICA aggressively investigates all claims, including Workers Compensation Claims.

AYES: Fritzen, McCarthy, Gaines, Reece, Koos. NAYS: None. ABSENT: Preston, Scott. Motion declared carried.

K. RESOLUTION CONDITIONALLY APPROVING WAIVERS FROM THE UPTOWN DESIGN REVIEW CODE FOR 200 BROADWAY (HYATT PLACE HOTEL): Resolution No. 4987:

MOTION:

Councilmember Gaines moved, seconded by Councilmember McCarthy, the Council Adopt a Resolution Conditionally Approving Waivers from the Uptown Design Review Code for 200 Broadway (Hyatt Place Hotel).

Councilmember Gaines questioned the plans for the “center area” between the hotel building and the proposed future building, indicating this had originally housed the pool and landscaping. City Manager Mark Peterson explained how the pool area had been moved and Town Planner Mercy Davison explained the new plan for landscaping this area. City Manager Mark Peterson indicated this area will also be addressed with the plans for the future building on the east end of the block.

AYES: McCarthy, Gaines, Reece, Fritzen, Koos. NAYS: None. ABSENT: Preston, Scott. Motion declared carried.

GENERAL ORDERS

6. RESOLUTION APPROVING WAIVERS FROM THE UPTOWN DESIGN REVIEW CODE, CHAPTER 15, DIVISION 17, FOR A DIGITAL SIGN AND SCREENING OF AN OUTDOOR COOLER AT 201-203 NORTH STREET (THE ROCK): Resolution No. 4988:

COUNCIL MINUTES -4- APRIL 21, 2014

MOTION:

Councilmember Fritzen moved, seconded by Councilmember McCarthy, the Council Adopt a Resolution Approving Waivers from the Uptown Design Review Code, Chapter 15, Division 17, for a Digital Sign and Screening of an Outdoor Cooler at 201-203 North Street (The Rock).

Mayor Koos expressed concern with the proposed waiver for the digital sign and requested the Motion be divided to consider the two waivers separately.

By general agreement by the Council, the Motion was divided for consideration separately.

MOTION:

Councilmember Gaines moved, seconded by Councilmember Fritzen, the Council Approve a Waiver from the Uptown Design Review Code, Chapter 15, Division 17, for a Digital Sign at 201-203 North Street (The Rock).

Mayor Koos expressed concern with digital signs in the Uptown area, specifically areas on Broadway Avenue, North Street, and Beaufort Street. Councilmember Gaines expressed her appreciation that The Rock wants to expand into the second storefront, but also believes digital signs take away from the ambiance of the area. Councilmember Fritzen expressed concern with the standards for signage set forth by Code in the Uptown area, indicating it is probably time to review the standards for signage. Councilmember Fritzen suggested the request for a digital sign be denied now, but could be revisited in the future if the sign standards were to be amended. Mayor Koos agreed Staff should review the Uptown Design Review Code for possible changes, thus eliminating the need for waivers to the Code in the future. Councilmember Reece indicated signs are a very important part of wayfinding in the Uptown area.

AYES: Reece. NAYS: Gaines, Fritzen, McCarthy, Koos. ABSENT: Preston, Scott. Motion declared failed.

MOTION:

Councilmember Fritzen moved, seconded by Councilmember McCarthy, the Council Approve a Waiver from the Uptown Design Review Code, Chapter 15, Division 17, Waiving the Requirement that the Outdoor Cooler Located on the South Exterior of the Building be Screened.

AYES: Reece, Gaines, Fritzen, McCarthy, Koos. NAYS: None. ABSENT: Preston, Scott. Motion declared carried.

COUNCIL MINUTES -5- APRIL 21, 2014

7. RESOLUTION AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT WITH THE ROCK RESTAURANT, LLC, FOR FAÇADE REHABILITATION AND REAR PORCH RECONSTRUCTION AT 201-203 NORTH STREET AND APPROVAL OF A REQUIRED GENERAL FUND BUDGET ADJUSTMENT: Resolution No. 4989:

MOTION:

Councilmember Gaines moved, seconded by Councilmember Reece, the Council Adopt a Resolution Authorizing the Execution of a Redevelopment Agreement with The Rock Restaurant, LLC, for Façade Rehabilitation and Rear Porch Reconstruction at 201-203 North Street and Approval of a Required General Fund Budget Adjustment.

City Manager Mark Peterson offered brief comments on The Rock settling in the Uptown area, thanking the owners of The Rock for their investment in the Uptown area. City Manager Mark Peterson further presented an overview of the Redevelopment Agreement.

AYES: Fritzen, McCarthy, Gaines, Reece, Koos. NAYS: None. ABSENT: Preston, Scott. Motion declared carried.

NEW BUSINESS

8. REPORT SUMMARIZING PROGRESS AND ACTIVITY ASSOCIATED WITH THE COMMUNITY-WIDE SUSTAINABILITY PLAN AND 2035 REPORT:

Town Planner Mercy Davison briefed the Council on the progress being made with the Sustainability Plan and the 2035 Report.

9. PRESENTATION TO THE COUNCIL BY PAUL HARMON, CHAIRMAN, OF THE BLOOMINGTON-NORMAL AIRPORT AUTHORITY BOARD OF DIRECTORS:

Mayor Koos introduced Paul Harmon and thanked him for the number of years he has served the public, including the Town of Normal Planning Commission, Normal Town Council, Mayor of Normal, Bloomington-Normal Economic Development Council and Bloomington-Normal Airport Authority Board of Directors.

Mr. Harmon commented on his tenure of serving the public in his various positions, including what he considered to be the positive events occurring during his tenure. Mr. Harmon also commented on his tenure on the Bloomington-Normal Airport Authority Board of Directors and the future needs for Central Illinois Regional Airport.

Mayor Koos and the Council thanked Mr. Harmon for his outstanding service to the community.

COUNCIL MINUTES -6- APRIL 21, 2014

10. MOTION TO APPROVE AN APPOINTMENT TO THE BLOOMINGTON-NORMAL AIRPORT AUTHORITY BOARD OF DIRECTORS:

MOTION:

Councilmember Gaines moved, seconded by Councilmember McCarthy, the Council Approve the Recommended Appointment to the Bloomington-Normal Airport Authority Board of Directors.

AYES: McCarthy, Gaines, Reece, Fritzen, Koos. NAYS: None. ABSENT: Preston, Scott. Motion declared carried.

Councilmember Reece announced Ms. Beth Whisman will replace Paul Harmon on the Bloomington-Normal Airport Authority Board, her term of office to expire April 30, 2018.

11. CONCERNS:

1. BOY SCOUT TROOP 19:

City Manager Mark Peterson acknowledged Boy Scout Troop 19 was present at the Council Meeting and invited them to talk with the Council after the meeting.

12. ADJOURNMENT:

There being no further business to come before the Council, Mayor Koos called for a Motion to Adjourn.

MOTION:

Councilmember Reece moved, seconded by Councilmember McCarthy, the Regular Meeting of the Normal Town Council be Adjourned.

AYES: Gaines, Reece, Fritzen, McCarthy, Koos. NAYS: None. ABSENT: Preston, Scott. Motion declared carried.

Mayor Chris Koos adjourned the regular meeting of the Normal Town Council at 8:21 p.m., Monday, April 21, 2014.

Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 1

Vendor Name Description Transaction Amount General Fund CARY FREY START-UP CASH $2,000.00 REDBOX WORKSHOP LTD MGB DESIGN $4,980.00 ILLICO INC UNLEADED FUEL $25,643.39 EVERGREEN FS INC. DIESEL FUEL $25,148.61 ONSRUD, CRAIG PRO SHOP INV PMT 3/30-4/1 $1,477.60 ONSRUD, CRAIG PRO SHOP TAX PMT 3/30-4/1 $116.80 COVINGTON PROPERTIES EXCAVATION REFUND-102 W C $4,680.00 General Fund Total $64,046.40 General Fund Mayor & Council Administration Recovery Starts Today, Inc. 2014 DRUG COURT LUNCHEON $260.00 General Fund Mayor & Council Administration Total $260.00 General Fund Administration - City Mgr City Manager CARPENTER LIPPS & LELAND LLP. LOBBYIST CONTRACT $3,000.00 FEDEX SHIP PCKG TO JIM BAIRD $68.75 ROHAN-STRACK ENTERPRISES LUNCH MEETING $135.45 B/N CONVENTION & VISITORS BUREAU HEFFERNAN $25.00 General Fund Administration - City Mgr City Manager Total $3,229.20 General Fund Administration - City Mgr Marketing & Communication UNITED STATES POSTAL SERVICE SPRING 2014 NEWSLINE POST $3,320.08 B/N CONVENTION & VISITORS BUREAU WAGNER $25.00 General Fund Administration - City Mgr Marketing & Communication Total $3,345.08 General Fund Administration - City Mgr Uptown Project FARNSWORTH GROUP PROFESSIONAL SERVICES $3,951.25 FARNSWORTH GROUP IN HOUSE EXPENSES $473.52 B/N CONVENTION & VISITORS BUREAU TULLEY $25.00 General Fund Administration - City Mgr Uptown Project Total $4,449.77 General Fund Administration - City Mgr General Expense Dept. T/N PETTY CASH-FINANCE DEPT CREAMER AND ORANGE JUICE $7.26 TOWN OF NORMAL EV TAX REBATE - DIJAIS&DA $359.53 TOWN OF NORMAL EV TAX REBATE-JOSH KISSIN $201.13 TOWN OF NORMAL EV TAX REBATE - DIJAIS&DA ($359.53) DIJAIS PHILLIPS EV TAX REBATE - DIJAIS&DA $359.53 TOWN OF NORMAL EV TAX REBATE-JOSH KISSIN ($201.13) JOSH KISSINGER EV TAX REBATE-JOSH KISSIN $201.13 REGIONAL OFFICE OF EDUCATION 2014 JUV.SUMMER JOBS PRGM $10,000.00 WALMART COMMUNITY BRC ST. PAT'S DAY PARADE CAND $107.53 KENYATTA TATE CAC RENTAL DEPOSIT REFUND $100.00 NOEMI RAMOS CAC RENTAL DEPOSIT REFUND $100.00 BETSY COLE GARDEN PLOT REFUND $35.00 CAROLYN DAVIS REFUND CREDIT ON ACCT--MO $120.00 ROBERT W BURDICK USE TAX OVER PAYMENT $75.84 General Fund Administration - City Mgr General Expense Dept. Total $11,106.29 General Fund Town Clerk Administration COM MICROFILM COMPANY MICROFILMING FOR CLERK $6,708.75 T/N PETTY CASH-FINANCE DEPT RECORDINGS $161.00 General Fund Town Clerk Administration Total $6,869.75 General Fund Corporation Counsel Administration EDWARD GEORGE MCKIBBIN ADM HRG OFFICER - IMPOUND $125.00 ALAN J NOVICK ADM HRG OFFICER -IMPOUNDM $125.00 MCLEAN COUNTY BAR ASSOCIATION MAHRT/KARPLUS BAR LUNCH $30.00 General Fund Corporation Counsel Administration Total $280.00 General Fund Facilities Management Administration RED WING SHOE STORE BOOTS-B SEXTON $147.99 RED WING SHOE STORE BOOTS-P. HILL $144.99 CORN BELT ENERGY CORP ENERGY USAGE $80.68 BILL'S KEY & LOCK SHOP LOCKS,SEALS $23.96 MENARDS 6 GAUGE LIGHTBLOCKER $376.85 METAL ERECTOR, INC. UPTOWN STN CANOPY REPAIR $1,630.00 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 2

Vendor Name Description Transaction Amount G & B MECHANICAL BLOWER MOTOR REPAIR $853.41 MIDSTATE SEAMLESS GUTTERS INC GUTTER INSTALL @ THEATER $1,500.00 MIDSTATE SEAMLESS GUTTERS INC GUTTER INSTALL @ THEATER $440.00 DYNAMIC CONTROLS INC. BAS PROGRAM CHANGES $6,965.00 DOORS INC. REPLACEMENT DOOR/HARDWARE $890.00 MID-ILLINOIS MECHANICAL INC CHA HVAC REPAIR $384.83 G & B MECHANICAL AIR LEAK @ CAC $1,211.78 G & B MECHANICAL LEAKING COIL REPAIR $487.90 CENTRAL SUPPLY CO BATTERY CHARGER $485.00 BILL'S KEY & LOCK SHOP KEYS $21.42 MENARDS TILE $40.89 NYBAKKE VACUUM SHOP INC VACUUM HOSE $7.99 NYBAKKE VACUUM SHOP INC VACUUM BAGS & FILTERS $119.54 MILLER JANITOR SUPPLY 24" BUCKETLESS MOP SYSTEM $149.00 MILLER JANITOR SUPPLY DISINFECTANT CLEANERS $60.56 LAWSON PRODUCTS INC HAND CLEANER $192.69 GETZ FIRE EQUIPMENT MEDICAL SUPPLIES $64.05 CINTAS CORPORATION #396 WEEKLY RUG SVC @ UPTOWN $162.35 CINTAS CORPORATION #396 WEEKLY RUG CLEANING @ CDM $37.00 CINTAS CORPORATION #396 WEEKLY RUG SVC @ UPTOWN $162.35 CINTAS CORPORATION #396 WEEKLY RUG CLEANING @ CDM $37.00 General Fund Facilities Management Administration Total $16,677.23 General Fund Finance Financial Services ANDREW HUHN TRAVEL ADVANCE-A. HUHN-GF $1,655.00 T/N PETTY CASH-FINANCE DEPT TAMARA FOOD PARTY SUPPLIE $35.01 QUILL CORPORATION OFFICE SUPPLIES $210.25 QUILL CORPORATION PENS $11.90 QUILL CORPORATION OFFICE SUPPLIES $133.82 QUILL CORPORATION BINDER CLIPS $13.47 QUILL CORPORATION FILE FOLDERS $73.53 QUILL CORPORATION OFFICE SUPPLIES $105.40 QUILL CORPORATION STAPLER $37.98 General Fund Finance Financial Services Total $2,276.36 General Fund Information Technology Administration IKON OFFICE SOLUTIONS TX OVERAGES $724.09 CIRBN, LLC CIRBN INTERNET/INTRANET $850.51 VERIZON WIRELESS FIRE CELL DEVICES MONTHLY $312.13 RS MEANS CO LLC. ANNUAL SUBSCRIPTION RNWL $989.96 MNJ TECHNOLOGIES DIRECT INC HP MAINTENANCE KIT $305.95 COMCAST CORPORATION UPTOWN STATION CABLE $229.05 FRONTIER MONTHLY PAY PHONES $408.14 AT&T SRO MONTHLY CELL SERVICE $187.83 FRONTIER COMMUNICATIONS MONTHLY LONG DISTANCE $200.08 FRONTIER MONTHLY T1 CIRCUIT TO COU $646.15 FRONTIER MONTHLY PHONE CHARGES $5,703.46 VERIZON WIRELESS CELL DEVICES MONTHLY $848.43 MNJ TECHNOLOGIES DIRECT INC TONER & DRUMS $1,240.39 MNJ TECHNOLOGIES DIRECT INC FLASH DRIVE $205.62 MNJ TECHNOLOGIES DIRECT INC TONER $634.38 MNJ TECHNOLOGIES DIRECT INC TONER $1,176.06 TRANSOFT SOLUTIONS INC MAINT. ASSURANCE PROGRAM $770.00 DELL MARKETING LP CREDIT ($865.92) DELL MARKETING LP CREDIT ($26.24) DELL MARKETING LP CREDIT ($52.48) DELL MARKETING LP MONITOR $194.99 DELL MARKETING LP DOCKING STATIONS $846.58 GOVCONNECTION INC REPLACEMENT UPS-FIRE/H20 $2,583.36 General Fund Information Technology Administration Total $18,112.52 General Fund Human Resources Administration Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 3

Vendor Name Description Transaction Amount PANTAGRAPH ADVERTISING $792.19 ALLIED BENEFIT SYSTEMS MARCH COBRA/FLEX FEES $607.40 MARRIOTT BLOOMINGTON NORMAL HOTELOVERNIGHT LODGING-BAIRD, $266.56 BROMENN MEDICAL GROUP EMPLOYEE PHYSICAL $602.00 BROMENN MEDICAL GROUP DRUG TESTING $81.00 T/N PETTY CASH-FINANCE DEPT BOARDS FOR ID BACKGROUNDS $17.22 General Fund Human Resources Administration Total $2,366.37 General Fund Inspections Administration T/N PETTY CASH-FINANCE DEPT IPEA MEETING -RANDY SCHOO $20.00 PRO-TYPE PRINTING INC PLUMBING STICKERS $89.00 PRO-TYPE PRINTING INC ELECTRICAL INSP. STICKERS $87.00 PRO-TYPE PRINTING INC BUILDING INSPECTION STICK $123.00 PRO-TYPE PRINTING INC HVAC INSPECTION STICKERS $83.00 General Fund Inspections Administration Total $402.00 General Fund Police Narcotics Enforcement U.S.BANK VICE COCAINE RESIDUE TEST $76.50 IL STATE POLICE/ASSET SEIZURE FORFEITURE FUNDS - 201315 $615.00 IL STATE POLICE/ASSET SEIZURE FORFETIURE FUNDS - 201315 $231.00 IL STATE POLICE/ASSET SEIZURE FORFEITURE FUNDS - 20131 $470.00 IL STATE POLICE/ASSET SEIZURE FORFEITURE FUNDS - 201317 $133.00 IL STATE POLICE/ASSET SEIZURE FORFEITURE FUNDS - 201317 $31.00 IL STATE POLICE/ASSET SEIZURE FORFEITURE FUNDS - 201400 $144.00 General Fund Police Narcotics Enforcement Total $1,700.50 General Fund Police Administration 10-8 OUTFITTERS BOOTS $116.99 10-8 OUTFITTERS BOOTS $125.99 10-8 OUTFITTERS BOOTS $170.99 RAY O'HERRON CO INC SHIRTS $167.08 RAY O'HERRON CO INC PANTS,SHIRTS $329.91 RAY O'HERRON CO INC PANTS,SHIRTS $296.89 RAY O'HERRON CO INC SHIRTS $91.96 RAY O'HERRON CO INC PANTS,SHIRTS $230.24 10-8 OUTFITTERS BOOTS $170.99 10-8 OUTFITTERS BOOTS $152.99 10-8 OUTFITTERS BOOTS $125.99 10-8 OUTFITTERS BOOTS $125.99 10-8 OUTFITTERS BOOTS $116.99 METCOM ANNUAL USER FEES $18,300.00 METCOM ANNUAL USER FEES-FIRE $5,250.00 U.S.BANK LEXISNEXIS FEE $50.00 IL ST POLICE BUREAU OF IDENT LIQ LIC CHECKS (5) $182.50 MCLEAN COUNTY TREASURER MAY CENTRALIZED COMM.CHRG $71,019.50 STERICYCLE INC MONTHLY SERVICE $116.56 MCLEAN CO SHERIFF'S DEPARTMENT CENTRALIZED BOOKING FEES $2,069.00 PURITAN SPRINGS WATER MONTHLY SERVICE $161.10 VERIZON WIRELESS GPS MODEM MONTHLY SERVICE $61.93 I-PAC 2014 MEMBERSHIP DUES - IP $125.00 MOTOROLA RADIO PARTS $207.69 ILLINI FIRE EQUIPMENT CO FIRE EXTINGUISHER MAINT. $121.50 MUNICIPAL ELECTRONICS INC REPAIR GENESIS AMP $147.64 U.S.BANK EVIDENCE SHIPPING $14.97 DARNALL PRINTING ORDINANCE VIOLATION FORMS $989.75 FEDEX EVIDENCE SHIPPING $141.84 U.S.BANK FOOD AND HOTEL FOR TRAINI $292.00 U.S.BANK IACA TRAINING; TRAINING F $400.59 UNIVERSITY OF ILLINOIS TACTICAL FIREARM TRNG. FE $1,296.00 Canine Training Institute CANINE NARCOTICS DETECTIO $150.00 PEN-LINK, LTD PEN-LINK TRAINING (LAWSON $720.00 U.S.BANK HOTEL; FOOD; FUEL FOR TRA $2,455.24 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 4

Vendor Name Description Transaction Amount U.S.BANK FOOD; HOTE; FUEL FOR TRAI $111.72 U.S.BANK LEIU TRAINING (LAWSON) $450.00 LANDMARK LAUNDRY MONTHLY LEASE AGREEMENT $1,360.00 MENARDS WASHERS $3.15 PETCO ANIMAL SUPPLIES INC K9 SUPPLIES $116.98 U.S.BANK TV HDMI CORDS $73.16 Adam Kapchinske LIQUOR AND TOBACCO AUDIT $100.00 U.S.BANK TV FOR LOBBY $899.99 OFFICE DEPOT CREDIT PLAN OFFICE SUPPLIES (CALEA,VE $250.40 CHIEF SUPPLY CORPORATION PLASTIC POLICE BADGES $368.49 U.S.BANK CID VEST CARRIERS; RADIO $944.01 General Fund Police Administration Total $111,173.71 General Fund Fire Prevention MUNICIPAL EMERGENCY SERVICES CLOTHING $493.00 MUNICIPAL EMERGENCY SERVICES CLOTHING $7.00 MUNICIPAL EMERGENCY SERVICES CLOTHING $245.95 General Fund Fire Prevention Total $745.95 General Fund Fire Foreign Fire Tax ELITE UNIFORMS INC. WATERPROOF SWEATSHIRTS $1,863.00 ELITE UNIFORMS INC. CARHART OVERALLS FOR FIRE $2,210.00 General Fund Fire Foreign Fire Tax Total $4,073.00 General Fund Fire Administration PAUL MARTIN FF BOOTS $99.99 MUNICIPAL EMERGENCY SERVICES BOOTS-R WILLIAMS $300.00 10-8 OUTFITTERS PANTS $132.27 10-8 OUTFITTERS PANTS $132.27 10-8 OUTFITTERS PANTS $44.09 10-8 OUTFITTERS PANTS $53.96 RAY O'HERRON CO INC DEPARTMENT CLOTHES/SHIRTS $2,503.45 CORN BELT ENERGY CORP ENERGY USAGE $1,106.12 CHAMBERS SERVICES INC REPLACE BAD OVEN IGNITOR $228.00 AMERICAN TEST CENTER ANNUAL TRUCK SAFETY INSP. $2,017.75 SCBAS INC SCBA PARTS $106.75 GLOBAL EMERGENCY PRODUCTS INC TRUCK LIGHTS INSTALL $1,785.30 GLOBAL EMERGENCY PRODUCTS INC TUBE EXHAUST $77.97 GLOBAL EMERGENCY PRODUCTS INC LIGHT $27.10 GLOBAL EMERGENCY PRODUCTS INC TRUCK LIGHT $57.74 MUNICIPAL EMERGENCY SERVICES GASKETS,EXPANSION RINGS $236.58 HAWTHORN SUITES HOTEL ACCOMODATIONS $865.70 HAWTHORN SUITES HOTEL ACCOMODATIONS $432.85 LUKE SCHURTER ADVANCE MEALS $115.00 MATTHEW HILL ADVANCE MEALS $120.00 DEIMANTAS PAULIKAS MEALS $150.00 MISC FIRE DEPT TRAINING $1,070.00 MISC FIRE DEPT ACLS RENEWAL COURSE $160.00 HAWTHORN SUITES HOTEL ACCOMODATIONS $346.28 HAWTHORN SUITES HOTEL ACCOMODATIONS $432.85 BRIAN TOBIN REIM MEALS $110.00 INTERSTATE ALL BATTERY CENTER BATTERIES $47.50 MUNICIPAL EMERGENCY SERVICES FREIGHT $165.00 MILLER JANITOR SUPPLY JANITORIAL SUPPLIES $1,097.74 MILLER JANITOR SUPPLY DISH DETERGENT $56.34 MENARDS HEAT SHRINK,DIGITAL METER $27.05 AEC FIRE-SAFETY & SECURITY INC RES-Q-JACK $7,220.00 PIERCE MANUFACTURING INC EQUIPMENT FOR ENGINE 13 $4,755.00 FIRERESQ, INC HOSES FOR E-13 $8,253.19 MUNICIPAL EMERGENCY SERVICES FLASHLIGHTS $1,145.22 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES $355.65 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES $121.36 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 5

Vendor Name Description Transaction Amount HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR HEADQUARTERS $100.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR STATION #3 $32.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR STATION #2 $16.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR STATION #2 $32.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR STATION #3 $18.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR STATION #2 $50.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR HEADQUARTERS $82.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR HEADQUARTERS $16.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR STATION #2 $48.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR HEADQUARTERS $80.00 HEARTLAND HOME MEDICAL SUPPLY INCOXYGEN FOR STATION #3 $16.00 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES $29.36 General Fund Fire Administration Total $36,475.43 General Fund Public Works Administration SELECT SCREENPRINTS INC SHIRTS FOR PUBLIC WORKS $178.00 MENARDS SAFETY JACKET $34.99 PYRAMID PRINTING INC. JACKET/SWEATSHIRT $77.25 COMCAST CORPORATION ADDITIONAL CABLE OUTLET $3.98 BILL'S KEY & LOCK SHOP PADLOCKS $90.46 9NGINEERING NEWS RECORD SUBSCR. RENEWAL - ENG. NE $69.95 General Fund Public Works Administration Total $454.63 General Fund Public Works Fleet Maintenance SELECT SCREENPRINTS INC SHIRTS FOR PUBLIC WORKS $48.00 PYRAMID PRINTING INC. DEPARTMENT T-SHIRTS $223.00 CINTAS CORPORATION #396 UNIFORM RENTAL $59.75 CINTAS CORPORATION #396 UNIFORM RENTAL $59.75 CINTAS CORPORATION #396 UNIFORM RENTAL $59.75 CINTAS CORPORATION #396 UNIFORM RENTAL $59.75 DON OWEN TIRE SERVICE TIRES $328.60 DON OWEN TIRE SERVICE TIRES $228.06 DON OWEN TIRE SERVICE TIRES $562.00 CENTRAL ILLINOIS TRUCKS INC VALVE $29.44 CENTRAL ILLINOIS TRUCKS INC HEATER KNOB $19.26 CENTRAL ILLINOIS TRUCKS INC HEATER CLIP $1.56 MENARDS HEAT SHRINK $39.85 MUTUAL WHEEL CO LIGHT BAR $16.95 MUTUAL WHEEL CO RED MARKER $7.95 KOENIG BODY & EQUIPMENT INC WELD BRACKETS TO FRAME $272.30 KOENIG BODY & EQUIPMENT INC SPRING EXTENSION $59.19 ADVANCE AUTO PARTS OIL FILTER $8.78 ADVANCE AUTO PARTS BRAKE FLUID/LINE $22.06 ADVANCE AUTO PARTS STRUT SPRING $59.99 ADVANCE AUTO PARTS CREDIT ($59.99) ADVANCE AUTO PARTS CARB CLEANER $11.98 MIDWEST EQUIPMENT II OIL FILTER $9.72 CONTINENTAL RESEARCH CORP. GRAF $340.40 CARQUEST AUTO PARTS OF BLM IL INC BATTERY $99.33 CARQUEST AUTO PARTS OF BLM IL INC BRAKE BLEEDER SCREW $3.04 CARQUEST AUTO PARTS OF BLM IL INC BRAKE FLUID,BRAKE CLEANER $119.52 CARQUEST AUTO PARTS OF BLM IL INC CREDIT ($17.00) CARQUEST AUTO PARTS OF BLM IL INC SENSOR $72.31 CARQUEST AUTO PARTS OF BLM IL INC BIT SET,RATCHETS $52.51 CENTRAL ILLINOIS TRUCKS INC EXHAUST PIPE $33.18 CENTRAL ILLINOIS TRUCKS INC SADDLE CLAMP $10.38 STEPHENS AUTO GLASS WINDSHIELD REPLACEMENT $262.39 STEPHENS AUTO GLASS WINDSHIELD REPLACEMENT $230.36 DENNISON CORPORATION V-BELT $20.77 DENNISON CORPORATION TENSIONER $49.26 FASTENAL COMPANY BAND SAW BLADE $170.62 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 6

Vendor Name Description Transaction Amount ILLINOIS OIL MARKETING EQUIP INC NOZZLE $679.35 GLOBAL EMERGENCY PRODUCTS INC EXHAUST PARTS $1,486.21 CNH CAPITAL COUPLINGS,FITTINGS,HOSES $41.45 General Fund Public Works Fleet Maintenance Total $5,781.78 General Fund Public Works Streets SELECT SCREENPRINTS INC SHIRTS FOR PUBLIC WORKS $104.00 PYRAMID PRINTING INC. DEPARTMENT T-SHIRTS $738.50 LKM MOWING & LANDSCAPING SNOW PLOW @ JUV.DET. CNTR $1,141.48 CORN BELT ENERGY CORP ENERGY USAGE $9,018.88 KOENIG BODY & EQUIPMENT INC REPAIR PLOW TRUCK FRAME $313.34 WISSMILLER & EVANS ROAD EQUIP SNOW PLOW CURB GUARDS $1,607.00 MORBARK INC BRUSH CHIPPER PARTS $2,396.64 KEY EQUIPMENT & SUPPLY CO SWEEPER SUPPLIES $3,158.69 MENARDS FOAM BRUSHES,WOOD PUTTY $21.33 Kathy Groetken MAILBOX REIMBURSEMENT $35.00 MATHIS KELLY CONSTRUCTION BULL FLOAT BLADE $139.43 Jack Nelson MAILBOX REIMBURSEMENT $35.00 MENARDS 2" POLYURETHANE BRUSHES $14.98 MENARDS LUMBER $32.72 MENARDS BAR HOLDER $27.90 MATHIS KELLY CONSTRUCTION 3-HOLE HANDLE $55.17 EAGLE AUTOMOTIVE DEGREASER $117.34 TRAFFIC SIGN STORE 2 HOUR PARKING SIGNS $69.00 MENARDS MAILBOX POSTS $2,772.00 CRESCENT ELECTRIC SUPPLY CO BULBS FOR UPTOWN LIGHTS $202.86 EVERGREEN FS INC. KEROSENE $15.09 GENE FUNKS MORRIS TRAILER SALES INC2014 TRAILER $4,374.00 MCLEAN COUNTY ASPHALT COLD MIX ASPHALT $216.31 MCLEAN COUNTY ASPHALT COLD MIX ASPHALT $369.57 STARK EXCAVATING MARCH CONCRETE PURCHASE $4,368.00 MCLEAN COUNTY ASPHALT COLD MIX ASPHALT $614.01 MCLEAN COUNTY ASPHALT COLD MIX ASPHALT $176.54 General Fund Public Works Streets Total $32,134.78 General Fund Public Works Waste Removal SELECT SCREENPRINTS INC SHIRTS FOR PUBLIC WORKS $170.00 PYRAMID PRINTING INC. DEPARTMENT T-SHIRTS $847.00 PRAIRIE SIGNS INC LANDSCAPE WASTE DECALS $808.50 J & R USED TIRE SERVICE TIRES $199.00 J & R USED TIRE SERVICE TIRES $207.00 LEMBKE INC PAPER HAULING SERVICE $285.00 IL STATE UNIVERSITY LANDSCAPE WASTE DISPOSAL $32,495.00 EVERGREEN FS INC. LP GAS $32.03 General Fund Public Works Waste Removal Total $35,043.53 General Fund Engineering Engineering Services T/N PETTY CASH-FINANCE DEPT J.WAGNER-STORMH20 CLASS,T $20.05 General Fund Engineering Engineering Services Total $20.05 General Fund Engineering Public Benefit J G STEWART CONTRACTORS INC 2014 MISC. SIDEWALKS $1,142.22 General Fund Engineering Public Benefit Total $1,142.22 General Fund Parks & Recreation Recreation/Youth Programs PANTAGRAPH ADVERTISING $195.55 General Fund Parks & Recreation Recreation/Youth Programs Total $195.55 General Fund Parks & Recreation Recreation/Teen Programs ILLINOIS CENTRAL SCHOOL BUS CHARTER SERVICES $822.89 General Fund Parks & Recreation Recreation/Teen Programs Total $822.89 General Fund Parks & Recreation Tournament PANTAGRAPH ADVERTISING $893.12 General Fund Parks & Recreation Tournament Total $893.12 General Fund Parks & Recreation Recreation/Special Events Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 7

Vendor Name Description Transaction Amount WALMART COMMUNITY BRC SUPPLIES $259.75 WALMART COMMUNITY BRC SUPPLIES $434.64 WALMART COMMUNITY BRC SUPPLIES $13.20 WALMART COMMUNITY BRC SUPPLIES $339.36 General Fund Parks & Recreation Recreation/Special Events Total $1,046.95 General Fund Parks & Recreation Theater JANUS FILMS "THE GREAT BEAUTY" $190.00 FUTURE EDUCATIONAL FILMS "WALKING THE CAMINO" $934.50 MILLER JANITOR SUPPLY GARBAGE LINERS,TP,TOWELS $237.85 GOLD MEDAL-CENTRAL ILLINOIS LLC LATE CHARGES $7.43 General Fund Parks & Recreation Theater Total $1,369.78 General Fund Parks & Recreation Rec.- Before/After School MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM $83.70 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM $77.40 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM $19.35 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM $121.50 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM $102.60 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM $75.15 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM $167.85 MCLEAN COUNTY UNIT DISTRICT 5 MILK PROGRAM $44.10 WALMART COMMUNITY BRC SUPPLIES $145.40 WALMART COMMUNITY BRC SUPPLIES $120.33 WALMART COMMUNITY BRC SUPPLIES $483.68 WALMART COMMUNITY BRC SUPPLIES $143.24 WALMART COMMUNITY BRC SUPPLIES $8.98 CHILDREN'S DISCOVERY MUSEUM ASRP PROGRAM $200.00 General Fund Parks & Recreation Rec.- Before/After School Total $1,793.28 General Fund Parks & Recreation Golf Course CORN BELT ENERGY CORP ENERGY USAGE $583.70 CINTAS CORPORATION #396 SCRAPER MAT,TOILET PAPER $64.09 CINTAS CORPORATION #396 RESTROOM CLEANING SERVICE $136.24 CINTAS CORPORATION #396 TOWELS,TP,SCRAPER MAT $147.74 CINTAS CORPORATION #396 RESTROOM CLEANING SERVICE $136.24 GETZ FIRE EQUIPMENT FIRE ALARM INSPECTION $297.50 PRAIRIELAND GOLF CARS LLC GOLF CART RENTALS $70.00 PRAIRIELAND GOLF CARS LLC GOLF CART RENTALS $200.00 MILLER JANITOR SUPPLY PAPER TOWELS $112.44 LAWSON PRODUCTS INC HAND SOAP $63.27 WALMART COMMUNITY BRC SUPPLIES $163.78 General Fund Parks & Recreation Golf Course Total $1,975.00 General Fund Parks & Recreation Aquatics LIFEGUARD STORE INC HIP PACKS $318.75 MENARDS P&R MARCH INVOICES $19.99 LIFEGUARD STORE INC PLASTIC CJ BOARDS $253.87 MENARDS P&R MARCH INVOICES $239.50 LIFEGUARD STORE INC PLASTIC CJ BOARDS $516.13 WALMART COMMUNITY BRC POOL CHAIRS/BOOKCASE $663.50 General Fund Parks & Recreation Aquatics Total $2,011.74 General Fund Parks & Recreation Administration PANTAGRAPH ADVERTISING $1,200.00 CUMULUS BROADCASTING LLC RADIO ADVERTISING $190.09 OLD FILMS & FADED PHOTOS PHOTOSCAN $20.00 SPRINGFIELD MOMS 1 YEAR AD ON WEBSITE $2,145.00 BIG BIG PROJECT MEDIA CDM 2014 CAMPAIGN ADS $1,800.90 PIP PRINTING FOAM CORE PRINTS $79.00 DARNALL PRINTING BUSINESS CARDS-J BLUM $64.00 JENNI BLUM TRAINING CLASSES $136.00 T/N PETTY CASH-FINANCE DEPT ROSIE'S CAFE $10.16 WALMART COMMUNITY BRC SUPPLIES $19.96 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 8

Vendor Name Description Transaction Amount General Fund Parks & Recreation Administration Total $5,665.11 General Fund Parks & Recreation Recreation/Athletic Prog MID-ILLINI UMPIRE ASSOCIATION UMPIRING SERVICES $1,172.50 ILLINOIS ASA FALL LEAGUE REGISTRATIONS $2,400.00 ELEGANT LIMOUSINE INC BUS TRANS. TO BALL GAMES $2,350.00 PRAIRIE SIGNS INC DUGOUT SIGNS FOR CHAMPION $223.50 MINERVA SPORTSWEAR CHAMPIONS 2014 T-SHIRTS $233.00 WALMART COMMUNITY BRC SUPPLIES $72.57 A.D. STARR ASA TATTOO FOR EQUIPMENT $558.00 A.D. STARR ASA TATTOO FOR EQUIPMENT $23.36 General Fund Parks & Recreation Recreation/Athletic Prog Total $7,032.93 General Fund Parks & Recreation Children's Disc Museum ASSOCIATION OF CHILDREN'S ACM DUES-2014 $1,175.00 PANTAGRAPH ADVERTISING $361.57 CUMULUS BROADCASTING LLC RADIO ADVERTISING $290.00 CUMULUS BROADCASTING LLC RADIO ADVERTISING $569.91 MENARDS P&R MARCH INVOICES $9.86 MENARDS P&R MARCH INVOICES $286.04 MENARDS P&R MARCH INVOICES $423.49 WALMART COMMUNITY BRC SUPPLIES $17.73 WALMART COMMUNITY BRC SUPPLIES $47.25 WALMART COMMUNITY BRC SUPPLIES $60.48 WALMART COMMUNITY BRC SUPPLIES $64.63 WALMART COMMUNITY BRC SUPPLIES $11.92 WALMART COMMUNITY BRC SUPPLIES $58.80 WALMART COMMUNITY BRC SUPPLIES $15.92 WALMART COMMUNITY BRC SUPPLIES $61.38 WALMART COMMUNITY BRC SUPPLIES $33.80 WALMART COMMUNITY BRC SUPPLIES $76.00 WALMART COMMUNITY BRC SUPPLIES $9.62 WALMART COMMUNITY BRC SUPPLIES $17.48 AVANTI'S ITALIAN RESTAURANT CREDIT SEP 13-MAR 14 - PL ($2,500.00) AVANTI'S ITALIAN RESTAURANT PNC EVENT $1,557.00 AVANTI'S ITALIAN RESTAURANT SEP INV $100.60 AVANTI'S ITALIAN RESTAURANT OCT INV $152.50 AVANTI'S ITALIAN RESTAURANT NOV INV $193.90 AVANTI'S ITALIAN RESTAURANT DEC INV $202.85 AVANTI'S ITALIAN RESTAURANT JAN INV $182.45 AVANTI'S ITALIAN RESTAURANT FEB INV $232.30 AVANTI'S ITALIAN RESTAURANT MAR INV $412.25 WALMART COMMUNITY BRC SUPPLIES $143.36 WALMART COMMUNITY BRC SUPPLIES $52.05 WALMART COMMUNITY BRC SUPPLIES $373.05 WALMART COMMUNITY BRC SUPPLIES $17.85 WALMART COMMUNITY BRC SUPPLIES $6.53 WALMART COMMUNITY BRC SUPPLIES $18.90 WALMART COMMUNITY BRC SUPPLIES $1.28 WALMART COMMUNITY BRC SUPPLIES $66.94 BEST OF BEST TOYS FOR CDM STORE $941.50 TOYSMITH TOYS FOR CDM STORE $973.37 GEORGI BAIRD STORE SUPPLIES $42.00 KASKEY KIDS INC TOYS FOR CDM STORE $75.00 KASKEY KIDS INC TOYS FOR CDM STORE $10.78 PLASMART INC PLASMACARS FOR CDM STORE $864.00 PLASMART INC PLASMACARS FOR CDM STORE $103.68 HOHNER INC TOYS FOR CDM STORE $269.50 HOHNER INC TOYS FOR CDM STORE $24.00 TY INC STUFFED ANIMALS FOR CDM $760.00 TY INC STUFFED ANIMALS FOR CDM $34.03 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 9

Vendor Name Description Transaction Amount ENESCO LLC TOYS FOR CDM STORE $997.15 DO-A-DOT ART CRAFT SUPPLIES FOR CDM $340.80 DO-A-DOT ART CRAFT SUPPLIES FOR CDM $59.38 ALEX TOYS LLC. TOYS FOR CDM WATER PLAY $208.50 ALEX TOYS LLC. TOYS FOR CDM WATER PLAY $23.45 General Fund Parks & Recreation Children's Disc Museum Total $10,531.83 General Fund Parks & Recreation Golf Course Maintenance CORN BELT ENERGY CORP ENERGY USAGE $469.92 MTI DISTRIBUTING INC ROTARY BLADE $134.88 MTI DISTRIBUTING INC ROTARY BLADE $18.15 FASTENAL COMPANY FASTENERS $30.13 MOTION INDUSTRIES INC FITTINGS $20.16 S & S INDUSTRIAL LIFT DRAIN,WIRE STRIPPER $246.80 DON OWEN TIRE SERVICE TIRE MOUNTING $115.50 TERMINAL SUPPLY CO SUPPLIES FOR GOLF MAINT. $331.26 TERMINAL SUPPLY CO SUPPLIES FOR GOLF MAINT. $11.38 MENARDS P&R MARCH INVOICES $20.34 WENDELL NIEPAGEN GREENHOUSES PANSIES & FERTILIZER $58.36 BRADFORD SUPPLY CO PVC SUPPLIES $54.85 PRESTIGE FLAG & BANNER EMBROIDERED LOGO FLAGS $839.22 BURRIS EQUIPMENT CO GREENSCARE & ENV OIL $1,241.00 MTI DISTRIBUTING INC HYDRAULIC FLUID $101.07 MTI DISTRIBUTING INC HYDRAULIC FLUID $285.54 D & K PRODUCTS LAWN CHEMICALS $2,818.20 D & K PRODUCTS LAWN CHEMICALS $800.00 HELENA CHEMICAL CO GOLFCOURSE TURF CHEMICALS $3,931.65 PRECISION SMALL ENGINE CO, INC. MOISTURE METER SOIL $1,084.83 MILLER JANITOR SUPPLY TRIGGERS SPRAY,TOWELS $85.53 General Fund Parks & Recreation Golf Course Maintenance Total $12,698.77 General Fund Parks & Recreation Parks Maintenance VERMEER SALES & SERVICE INC GLOVES $142.20 VERMEER SALES & SERVICE INC GLOVES $18.54 H & H INDUSTRIES INC MECHANICS GLOVES $301.92 RED WING SHOE STORE BOOTS-R CASTILLO $112.00 U S MECHANICAL SERVICES POP MACHINE REPAIR $317.77 U S MECHANICAL SERVICES ICE MACHINE CLEANING $173.00 IFFT QUALITY FENCING INC REPLACEMENT FENCE-1/2 PAY $1,994.00 CHILDERS DOOR SERVICE REPAIR FV SHED DOOR $1,936.21 CORN BELT ENERGY CORP ENERGY USAGE $148.42 CORN BELT ENERGY CORP ENERGY USAGE $1,518.99 EVERGREEN FS INC. SEED MIX $1,050.00 SPRINGFIELD ELECTRIC CO ELECTRICAL SUPPLIES $87.82 PRAIRIELAND GOLF CARS LLC BRAKE CABLE $95.00 MENARDS P&R MARCH INVOICES $1,029.25 EAST ST HARDWARE & TOOLS 1" STOP REPAIR KIT $51.44 SHERWIN-WILLIAMS CO PAINT SUPPLIES $44.09 CRESCENT ELECTRIC SUPPLY CO TORK $10.87 MUSCO SPORTS LIGHTING LLC KNUCKLE CONE $7.46 MUSCO SPORTS LIGHTING LLC KNUCKLE CONE $66.00 EAST ST HARDWARE & TOOLS REPAIR/HANDLE KITS $143.30 ROGERS SUPPLY COMPANY WATER-COOLED CONDESER $225.28 BURRIS EQUIPMENT CO REPAIR HYDRO FILTER $335.67 MIDWEST EQUIPMENT II NO SPILL 2.5 GAL $19.95 ADVANCE AUTO PARTS LIFT SUPPORT STRING $19.19 ADVANCE AUTO PARTS EXTERIOR DOOR HANDLE $43.37 CHILDERS DOOR SERVICE GARAGE DOOR $1,936.21 MENARDS P&R MARCH INVOICES $901.04 DRAKE SCRUGGS FILTERS & SERVICE/LABOR $668.68 BOBCAT OF PEORIA INC KIT COUPLER $181.16 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 10

Vendor Name Description Transaction Amount MENARDS P&R MARCH INVOICES $1,261.62 WEAVER'S RENT-ALL DRILL RENTAL $60.00 MILLER JANITOR SUPPLY URINAL SCREENS $77.00 BILL'S KEY & LOCK SHOP KEYS $21.30 BILL'S KEY & LOCK SHOP KEYS $21.66 FASTENAL COMPANY BOLTS $48.89 FASTENAL COMPANY FASTENERS $274.67 FASTENAL COMPANY AG JOBBER $21.74 FASTENAL COMPANY FASTENERS $46.37 FASTENAL COMPANY E-CLIP $0.45 MTI DISTRIBUTING INC CANVAS SUNSHADES $226.00 MTI DISTRIBUTING INC CANVAS SUNSHADES $14.98 CCP INDUSTRIES INC SCRIMDRY,TOWELS $98.00 CCP INDUSTRIES INC SCRIMDRY,TOWELS $20.58 BEACON ATHLETICS SOFTBALL LINE-MATE $119.00 BEACON ATHLETICS SOFTBALL LINE-MATE $19.04 ILLINOIS STANDARD PARTS INC LOCKNUTS,CHEMICALS,NUTS $293.39 ILLINOIS STANDARD PARTS INC DRILL BITS,BLACK TIES $269.56 ILLINOIS STANDARD PARTS INC LOCKNUTS,WASHERS,BITS $225.05 ILLINOIS STANDARD PARTS INC MARKING PAINT,WIRE NUTS $317.23 ILLINOIS STANDARD PARTS INC WASHERS,NUTS,BOLTS,& PINS $215.39 LAWSON PRODUCTS INC JANITORIAL SUPPLIES $283.40 LAWSON PRODUCTS INC JANITORIAL SUPPLIES $539.83 FASTENAL COMPANY FASTENERS $29.94 MILLER JANITOR SUPPLY GARBAGE LINERS $200.90 GETZ FIRE EQUIPMENT MEDICAL SUPPLIES $102.10 MENARDS P&R MARCH INVOICES $613.81 MENARDS P&R MARCH INVOICES $730.32 MIDWEST ARBORIST SUPPLIES TREES-SAMSON ARBOR PLEX $164.73 ZIMMERMAN FARM NURSERY TREES FOR STREETS $2,043.00 ZIMMERMAN FARM NURSERY TREES FOR STREETS $602.00 STUDEBAKER NURSERIES INC CREDIT ($240.00) STUDEBAKER NURSERIES INC FLOWERS & PLANTS $50.75 STUDEBAKER NURSERIES INC FLOWERS/PLANTS $380.00 STUDEBAKER NURSERIES INC FLOWERS/PLANTS $440.00 STUDEBAKER NURSERIES INC FLOWERS/PLANTS $2,641.75 STUDEBAKER NURSERIES INC FREIGHT $328.00 NEWNAM MARKETING MULCH $4,335.00 MENARDS P&R MARCH INVOICES $771.67 MENARDS P&R MARCH INVOICES $104.37 General Fund Parks & Recreation Parks Maintenance Total $31,352.32 General Fund Concessions Golf Course WALMART COMMUNITY BRC SUPPLIES $58.43 CITY BEVERAGE LLC ALCOHOLIC BEVERAGES $167.50 WALMART COMMUNITY BRC SUPPLIES $995.95 WALMART COMMUNITY BRC SUPPLIES $7.98 WALMART COMMUNITY BRC SUPPLIES $307.34 General Fund Concessions Golf Course Total $1,537.20 General Fund $441,093.02 Motor Fuel Tax Fund Public Works Motor Fuel Tax TREASURER, STATE OF ILLINOIS LED RETROFIT SIGNALS $656.18 Motor Fuel Tax Fund Public Works Motor Fuel Tax Total $656.18 Motor Fuel Tax Fund $656.18 Community Development Fd Community Development Administration TNT TREE SERVICE & STUMP REMOVAL TREE-TAKE DOWN, HAUL AWAY $1,800.00 TNT TREE SERVICE & STUMP REMOVAL TREE-GRIND OUT STUMP/CLEA $150.00 TERRY EVERETT REMOVE TREE/GRIND STUMP $320.00 J G STEWART CONTRACTORS INC SIDEWALK IMPROVEMENTS $16,765.89 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 11

Vendor Name Description Transaction Amount T/N PETTY CASH-FINANCE DEPT RECORDINGS $23.00 STARK EXCAVATING CHURCH ST. RECONSTRUCTION $3,945.76 Community Development Fd Community Development Administration Total $23,004.65 Community Development Fd $23,004.65 Capital Investment Fund Other-Capital Investment Capital Investment MENARDS P&R MARCH INVOICES $31.74 WHERRY MACHINE & WELDING INC WELDING SERVICES $81.80 WHERRY MACHINE & WELDING INC WELDING SERVICES $220.43 WHERRY MACHINE & WELDING INC WELDING OF BEAMS $1,884.20 WHERRY MACHINE & WELDING INC MATERIAL CUT & WELDED $102.54 ZIMMERMAN FARM NURSERY NORWAY SPRUCE TREES $1,056.00 EAST ST HARDWARE & TOOLS PARTS FOR WATER FOUNTAIN $69.53 WATER PRODUCTS CO OF ILLINOIS PLUMBING SUPPLIES $306.07 BRADFORD SUPPLY CO COUPLINGS $47.14 Capital Investment Fund Other-Capital Investment Capital Investment Total $3,799.45 Capital Investment Fund Other-Capital Investment Uptown Station MANGIERI COMPANIES, INC. PRE-CONSTRUCTION SERVICES $6,900.00 ECKENHOFF SAUNDERS ARCHITECT ENGINEERING SERVICES $9,550.89 Capital Investment Fund Other-Capital Investment Uptown Station Total $16,450.89 Capital Investment Fund $20,250.34 Water Fund WATER PRODUCTS CO OF ILLINOIS CURB STOP,SERVICE SADDLE $4,221.20 WATER PRODUCTS CO OF ILLINOIS LINE STOP SLEEVES $8,036.00 WATER PRODUCTS CO OF ILLINOIS REPAIR CLAMP-6" TAPPED $417.64 BERKOVITZ, BRIAN 120 S ORR DR. REFUND $6.50 PETER PATEL 1700 E COLLEGE REFUND $29.08 NOVICHENKO, VICTORIA 809 PHAETON PL REFUND $5.60 FIRST SITE 1736 REX RD REFUND $82.84 MAMILLAPALLI, MAHESH 1808 PARKWAY #2 REFUND $199.30 GILES, CHERYL LYNN 1297 HEALING STONE REFUND $127.62 KEITHLEY, DAVID 1204 N SCHOOL ST REFUND $148.87 MCLEAN COUNTY ASPHALT CO 1320 FORT JESSE REFUND $168.97 TOWN OF NORMAL 18 DELAINE DR REFUND $3.68 YOUNG AMERICA 614 N SCHOOL ST REFUND $19.78 U.S. NATIONAL BANK 503 NORMAL AVE REFUND $7.60 TOWN OF NORMAL 700 N ADELAIDE #40 REFUND $14.72 HANSEN, JOSH 1106 JOG RD REFUND $4.64 Water Fund Total $13,494.04 Water Fund Water Administration DIGITAL COPY SYSTEMS LLC COLOR COPIES $67.64 OFFICE DEPOT INC OFFICE SUPPLIES $8.39 Water Fund Water Administration Total $76.03 Water Fund Water Distribution GETZ FIRE EQUIPMENT MEDICAL SUPPLIES $93.95 PRAIRIE MATERIAL SALES INC FILL $150.00 MOUNCE AUTOMOTIVE IDOT INSPECTION/STICKERS $40.00 MIDWEST CONSTRUCTION RENTALS RAZORBACK SHOVEL $21.25 MENARDS TAPE $16.65 MENARDS TROWEL $17.47 MENARDS LUMBER $17.48 MENARDS LUMBER $8.74 WATER PRODUCTS CO OF ILLINOIS CURB BOX LOCKS $828.00 WATER PRODUCTS CO OF ILLINOIS CURB BOX LOCKS $16.53 WATER PRODUCTS CO OF ILLINOIS PLASTIC CURB BOX LID $24.30 MENARDS LUMBER $11.63 MENARDS LUMBER $5.51 MENARDS GREASE GUN $16.49 MENARDS STARTING FLUID $8.37 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 12

Vendor Name Description Transaction Amount EVERGREEN FS INC. GRASS SEED $277.50 FERGUSON WATERWORKS MAINCASE GASKETS $36.03 Water Fund Water Distribution Total $1,589.90 Water Fund Water Debt Service IL ENVIRONMENTAL PROTECTION AGENCYEPA LOAN PAYMENT $26,595.74 Water Fund Water Debt Service Total $26,595.74 Water Fund Water Treatment PDC LABORATORIES INC FLUORIDE TESTING $125.00 PDC LABORATORIES INC FLUORIDE TESTING $12.00 CORN BELT ENERGY CORP ENERGY USAGE $1,846.37 MATHIS KELLY CONSTRUCTION SIKATOP 122 $1,245.20 MATHIS KELLY CONSTRUCTION SIKATOP 122 $85.00 CUMMINS MID-STATES POWER INC FILTERS,FUEL,OIL $307.69 CUMMINS MID-STATES POWER INC FILTERS $62.90 SIDENER ENVIRONMENTAL SERVICES INCLOW RANGE CALIBRATION KIT $212.47 MICKEY'S LINEN TOWEL RENTAL $34.85 SPRINGFIELD ELECTRIC CO ELECTRICAL SUPPLIES $58.44 SPRINGFIELD ELECTRIC CO RELAY BASES $17.82 SPRINGFIELD ELECTRIC CO RELAY $27.42 SPRINGFIELD ELECTRIC CO SWITCH $0.67 SPRINGFIELD ELECTRIC CO RELAYS,SOCKET $64.75 SPRINGFIELD ELECTRIC CO CABLE TIE MOUNT $80.58 CRESCENT ELECTRIC SUPPLY CO ELECTRICAL TAPE,;A,¬ $44.90 CRESCENT ELECTRIC SUPPLY CO SENSOR $119.46 MENARDS SUPPORT BELT,KNEE PADS $36.96 MENARDS VINYL TUBING $13.08 MENARDS ROUNDUP $5.49 MENARDS RAGS $15.98 HACH COMPANY NESSLER REAGENT $646.15 HACH COMPANY NESSLER REAGENT $41.37 HACH COMPANY FLUORIDE STANDARD $40.10 HACH COMPANY FLUORIDE STANDARD $12.95 1000BULBS.COM LIGHTS $110.05 1000BULBS.COM LIGHTS $10.70 MENARDS LIGHTBULBS $5.99 FASTENAL COMPANY FASTENERS $160.88 MENARDS HUMIDITY MONITOR GAUGE $4.99 SCBAS INC HYDROSTATIC TEST $67.00 A B HATCHERY & GARDEN CENTER GRASS MIX,STRAW $27.00 MISSISSIPPI LIME COMPANY LIME FOR WATER TREATMENT $3,783.34 MISSISSIPPI LIME COMPANY LIME FOR WATER TREATMENT $3,752.21 CONTINENTAL CARBONIC PRODUCTS INCCO2 FOR WATER TREATMENT $1,485.20 PRISTINE WATER SOLUTIONS PHOSPHATE -SK7691 $1,235.60 PRISTINE WATER SOLUTIONS PHOSPHATE -SK7691 $3,558.27 US ALUMINATE COMPANY INC ALUMINUM SULFATE $5,215.92 MISSISSIPPI LIME COMPANY LIME FOR WATER TREATMENT $3,752.21 MISSISSIPPI LIME COMPANY LIME FOR WATER TREATMENT $3,710.70 Water Fund Water Treatment Total $32,037.66 Water Fund $73,793.37 Water Capital Investment Water Capital Investment CLARK DIETZ INC NORTHTOWN RD DESIGN SVCS $8,893.31 Water Capital Investment Water Capital Investment Total $8,893.31 Water Capital Investment $8,893.31 Sewer Fund Sewer Administration MENARDS JEANS $101.85 SELECT SCREENPRINTS INC SHIRTS FOR PUBLIC WORKS $48.00 PYRAMID PRINTING INC. DEPARTMENT T-SHIRTS $673.00 E J EQUIPMENT INC IN HOUSE CAMERA REPAIR $363.92 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 13

Vendor Name Description Transaction Amount OMNI-SITE.NET RADIO UPGRADE FOR UPTOWN $153.00 CORN BELT ENERGY CORP ENERGY USAGE $3,757.80 E J EQUIPMENT INC IN HOUSE CAMERA REPAIR $500.23 Keith Simpson CDL LICENSE - KEITH SIMPS $30.00 MIDWEST CONSTRUCTION RENTALS CONCRETE CUTTING BLADE $172.65 MENARDS HAND WRENCH $4.74 MENARDS ELECTRICAL WIRE $40.00 MENARDS ELECTRIC WIRE $20.17 MENARDS BOLTS $19.13 MENARDS PLUMBING SUPPLIES $16.49 MENARDS PLUMBING SUPPLIES $186.80 MENARDS ADHESIVE,HOLE SAW $35.95 MENARDS HOLE SAW $36.40 MCLEAN COUNTY ASPHALT BLACK DIRT $139.20 MIDWEST CONSTRUCTION RENTALS STAKES,SAFETY GLASSES $56.05 CARQUEST AUTO PARTS OF BLM IL INC SILICONE SEAL $19.27 FASTENAL COMPANY TIE DOWN RATCHET STRAP $198.55 CENTRAL SUPPLY CO JULIE MARKING PAINT $461.16 MENARDS PVC SUPPLIES $10.17 MENARDS BATTERIES $11.97 MENARDS ELECTRICAL WIRE $41.77 MENARDS ELECTRICAL WIRE $41.77 EVERGREEN FS INC. GRASS SEED $98.28 EVERGREEN FS INC. CREDIT ($98.28) EVERGREEN FS INC. GRASS SEED $92.50 INTERSTATE ALL BATTERY CENTER 12V BATTERY W/PLUG $12.99 PRAIRIE MATERIAL SALES INC CONCRETE $285.25 MENARDS SHOVEL $59.94 Sewer Fund Sewer Administration Total $7,590.72 Sewer Fund $7,590.72 Water Replacement Fund Water Administration EH WACHS COMPANY VALVE MAINTENANCE TRAILER $500.00 EH WACHS COMPANY VALVE MAINTENANCE TRAILER $59,250.00 Water Replacement Fund Water Administration Total $59,750.00 Water Replacement Fund $59,750.00 Health & Dental Ins Fund Administration - City Mgr Health Insurance VSP VISION INSURANCE PREMIUMS $576.24 VSP VISION INSURANCE PREMIUMS $2,154.03 LINCOLN NATIONAL LIFE INSURANCE CO.LIFE INSURANCE PREMIUMS $6,412.50 HORTON GROUP INC MONTHLY CONSULT FEE $3,720.00 Health & Dental Ins Fund Administration - City Mgr Health Insurance Total $12,862.77 Health & Dental Ins Fund $12,862.77 Police Pension Fund Police Police Pension FEDEX POLICE PENSION-IMET $57.75 POLICE PENSION FUND OF THE CITY POL PEN RIZZI CREDIT TRFR $65,650.88 Police Pension Fund Police Police Pension Total $65,708.63 Police Pension Fund $65,708.63 Gen Veh Replacement Fund Police Administration KOENIG BODY & EQUIPMENT INC LED LIGHTS $4,024.30 CAR REFLECTIONS VEHICLE GRAPHICS FOR PD $3,610.00 RAY O'HERRON CO INC LIGHTBARS/EQUIPMENT $14,689.04 O'BRIEN MITSUBISHI OF NORMAL PARKING ENFORCEMENT CAR $13,261.27 Gen Veh Replacement Fund Police Administration Total $35,584.61 Gen Veh Replacement Fund Fire Administration FIRERESQ, INC HOSES FOR E-13 $4,100.00 Gen Veh Replacement Fund Fire Administration Total $4,100.00 Gen Veh Replacement Fund $39,684.61 Town of Normal Expenditures to be Approved for Payment as of: April 30, 2014 Page 14

Vendor Name Description Transaction Amount Grand Total $753,287.60 TOWN COUNCIL ACTION REPORT

May 1, 2014

Motion to Award the Bid for Fiscal Year 2014 - 2015 Concrete to the Low Bidder, Prairie Material of Bloomington, IL, at a Price per Cubic Yard of $85.80 for High Early Mix and $81.50 for S. I. Mix

PREPARED BY: Wayne Aldrich, Director of Public Works

REVIEWED BY: Mark R. Peterson, City Manager Scott Dennewitz, Street Supervisor

BUDGET IMPACT: Funds in the amount of $80,000 are budgeted in the Public Works budget ($70,000 in 001-7020-431.35-90 Streets and $10,000 in 507-7510-432.35-10 Sewer Fund).

STAFF RECOMMENDATION: Approval

BACKGROUND

The Public Works Department performs repairs on public infrastructure including concrete streets and sidewalks. To perform this work, the department uses two different types of concrete mixes. The High Early mix is a quick-set concrete that gains strength more rapidly than standard concrete. This mix is used when repairs need to be expedited to open roads to traffic. The S.I. Concrete is a standard concrete mix design and is used more frequently. The High Early concrete mix is typically more expensive because of the chemical composition . Although the quantity of concrete needed each year varies, this year, the department estimates it will use approximately 850 cubic yards of these types of concrete at an annual cost of $70,000. Other types of concrete are used in lesser quantities reflecting the total budget amount of $80,000.

DISCUSSION/ANALYSIS

On April 17, 2014 a bid call was mailed to qualified local concrete producers. It was also listed on the Town’s website. The bids were publicly opened on April 29, 2014 at 10 am in the City Clerk’s office.

Three firms responded with bids. The bids are tabulated as follows:

Bidder High Early Mix S.I. Mix Total Net Price ($/Cu.Yd.) ($/Cu.Yd.)

Roanoke Concrete Products Co. East Peoria, IL $ 90.00 $ 81.10 $ 171.10

Prairie Material Bloomington, IL $ 85.80 $ 81.50 $ 167.30 TOWN COUNCIL ACTION REPORT

Stark Materials Co., Inc. Bloomington, IL $ 89.00 $ 82.00 $ 171.00

Delivery charges are included in the bid price and there will be no fuel surcharges. Delivery time is restricted to being within one hour from the time an order is placed.

In accordance with the advertised bid package, the lowest bid is considered to be the lowest total net price of the High Early and S.I Concrete mixes. Using these criteria, the staff recommends award to the lowest bidder, Prairie Material of Bloomington, IL at the proposed costs of $ 85.80/cubic yard for High Early Concrete Mix and $81.50/cubic yard for S. I. Concrete Mix. This price combination represents a .2% increase over last year’s price.

TOWN COUNCIL ACTION REPORT

May 1, 2014

Motion to Award the Bid for the Rehabilitation of Elevated Tank #1 to American Suncraft Co., Inc. at a Total Cost of $624,880 Including Additive Alternate

PREPARED BY: Steve Gerdes, Water Director

REVIEWED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: Funds in the amount of $700,000 are available in account number 505-8040-434.25-60 of the FY2014-15 Water Department Capital Budget for tank rehabilitation and construction inspection services. In addition, $14,900 of the project cost will be reimbursed by Illinois State University for a logo application on the tank.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Bid Tabulation

BACKGROUND

The Water Department has a 500,000 gallon elevated storage tank located near the intersection of Main Street and Willow Street. This elevated tank has a deteriorated internal and external coating system and has a number of other ANSI/OSHA deficiencies that need to be addressed.

DISCUSSION/ANALYSIS

The tank was drained and a comprehensive evaluation of the tank condition was performed on December 4, 2013. On January 21, 2014 the Town Council approved a contract with Tank Industry Consultants for the preparation of bid specifications, bidding assistance, and construction services. Based upon the tank inspection, detailed specifications were written by Tank Industry Consultants for repair and repainting to address the protective coating failures and deterioration, and OSHA safety deficiencies.

An additive alternate was included to change the specification for the exterior coating to one with an anticipated longer life and better appearance.

Bids were opened Wednesday April 23, 2014. Four bids were received and are summarized below.

Bidder Base Bid Alternate Total American Suncraft, Medway, OH $597,990.00 $ 26,890.00 $624,880.00 Classic Protective Coatings, Menomonie, WI $760,900.00 $ 43,800.00 $804,700.00 TMI Coatings, Inc, St. Paul, MN $929,200.00 $ 39,300.00 $968,500.00 Horizon Bros. Painting, Howell, MI* $840,000.00 * * TOWN COUNCIL ACTION REPORT

*Non- responsive bid – did not fill out all of the bid items.

The low bid submitted by American Suncraft reflected a $14,900 charge for the painting of an ISU logo, as requested by the University. The cost of the logo application will be reimbursed by ISU.

The low bid from American Suncraft is 9% under the engineer’s estimate. Staff is recommending the award of the bid to American Suncraft for $624,880.00 including additive alternate.

BID TABULATION Repairing and Repainting TANK INDUSTRY CONSULTANTS April 28, 2014 One 500,000 Gallon Steel Elevated Tank 14.016.H1467.003 Normal, Illinois

American Suncraft Co. Classic Protective Coatings TMI Coatings Medway, OH Menomonie, WI St. Paul, MN Forms/Signature yes yes yes Bid Security yes yes yes Bidder Certification yes yes yes Exhibit A - Contractor Certification yes yes yes Non-Collusion Affidavit yes yes yes Letter From Surety yes yes yes Supplier's List yes yes yes Financial Statement yes yes yes Addendums 1 and 2 Acknowledged yes yes yes Estimated Unit Unit Unit Bid Item Quantities Price Bid Amount Price Bid Amount Price Bid Amount 1 - Base Bid with containment Lump Sum 1 N.A. $564,500.00 N.A. $729,200.00 N.A. $876,100.00 1B - Logos Lump Sum 1 N.A. $14,900.00 N.A. $10,800.00 N.A. $16,700.00 2 - Repair Welding Per Man-Hour 20 $102.00 $2,040.00 $125.00 $2,500.00 $225.00 $4,500.00 3 - Pit Filling and Surfacing Per Gallon 3 $450.00 $1,350.00 $300.00 $900.00 $700.00 $2,100.00 4 - Interior Chipping & Grinding Per Man-Hour 100 $85.00 $8,500.00 $100.00 $10,000.00 $180.00 $18,000.00 5 - Balcony Drain Holes Per Drain Hole 20 $50.00 $1,000.00 $75.00 $1,500.00 $50.00 $1,000.00 6 - Additional Work Per Man-Hour 60 $95.00 $5,700.00 $100.00 $6,000.00 $180.00 $10,800.00 ______TOTAL AMOUNT BID (Items 1-6, Inclusive) $597,990.00 $760,900.00 $929,200.00 ______7 - Alternate Exterior Coating System Lump Sum 1 N.A. $26,890.00 N.A. $43,800.00 N.A. $39,300.00 ______BID TABULATION Repairing and Repainting TANK INDUSTRY CONSULTANTS April 28, 2014 One 500,000 Gallon Steel Elevated Tank 14.016.H1467.003 Normal, Illinois

Hirizon Brothers Painting ENGINEER'S Howell, MI ESTIMATE Forms/Signature yes - Bid Security yes - Bidder Certification yes - Exhibit A - Contractor Certification yes - Non-Collusion Affidavit yes - Letter From Surety IL agent not listed - Supplier's List yes - Financial Statement yes - Addendums 1 and 2 Acknowledged yes - Estimated Unit Unit Bid Item Quantities Price Bid Amount Price Bid Amount 1 - Base Bid with containment Lump Sum 1 N.A. $840,000.00 N.A. $589,200.00 1B - Logos Lump Sum 1 N.A. not responsive N.A. $32,000.00 2 - Repair Welding Per Man-Hour 20 not responsive not responsive $120.00 $2,400.00 3 - Pit Filling and Surfacing Per Gallon 3 not responsive not responsive $1,000.00 $3,000.00 4 - Interior Chipping & Grinding Per Man-Hour 100 not responsive not responsive $120.00 $12,000.00 5 - Balcony Drain Holes Per Drain Hole 20 not responsive not responsive $50.00 $1,000.00 6 - Additional Work Per Man-Hour 60 not responsive not responsive $120.00 $7,200.00 ______TOTAL AMOUNT BID (Items 1-6, Inclusive) not responsive $646,800.00 ______7 - Alternate Exterior Coating System Lump Sum 1 N.A. not responsive N.A. $40,000.00 ______TOWN COUNCIL ACTION REPORT

May 1, 2014

Motion to Accept a Bid and Authorize Staff to Enter into a Contract With Union Roofing Company, Inc. for Low Slope Roofing at 102 North Street, 104 North Street, and the Community Activity Center in the Amount of $92,300, as well as, Approval of an Associated Budget Adjustment.

PREPARED BY: Mark Clinch, Director of Facilities Management

REVIEWED BY: Mark R. Peterson, City Manager Andrew Huhn, Director of Finance

BUDGET IMPACT: The total project budget of $101,530 (Contract value + 10% Contingency) will be funded in the following manner. There is $65,000 budgeted next fiscal year (FY2015-16) for the CAC roof, which will be transferred to this year’s funding (FY2014- 15) with the remaining balance of $36,530 coming from the General Fund Reserve.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Bidders List, Bid Tab, Pre-bid Attendance List

BACKGROUND

The Town owned properties at 102 and 104 North Street are managed by First SITE. We were recently made aware that significant roof leaks were present at both locations. The leaks have become a frequent issue for tenants and, in one case, caused a section of a ceiling to fall. Given the significance of the project scope, the decision was made to bid new roofing for both facilities.

The Community Activity Center roofing over the main social room is the only remaining built-up roof on the facility. Multiple repairs have been made in years past to extend the useful life of the roof. The roof is in need of replacement and has been budgeted for replacement in FY15-16.

DISCUSSION/ANALYSIS

The three roofs in need of replacement are of similar type. 102 and 104 North Street are built-up low slope roofing systems on wood decks. The Community Activity Center roof is a built-up low slop roof on a tectum deck. Given the similarities in roofing types a bid package was developed to include all of the project areas in an effort to maximize the scale of economy and benefit of the competitive bid process.

Since there is no funding in the FY14-15 budget for either of the two roofs at 102 and 104 North Street, an amendment to the FY14-15 budget will be needed to allocate sufficient funds for both projects from the General Fund Reserve account. $65,000 for the roof replacement at the Community Activity Center is TOWN COUNCIL ACTION REPORT allocated in the FY15-16 budget. Consequently, the budget will need to be amended to transfer this amount from the FY15-16 budget to the current year, FY14-15, General Fund budget.

Advertisement for bid was posted on the Town website on April 18, 2014 and in the Pantagraph on April 21, 2014. A pre-bid meeting was held on April 22, 2014 which was attended by one contractor. The public bid opening was held on May 1, 2014 at which time one bid was received.

The bid was reviewed and staff recommends accepting the following scope of work:

102 North Street Base Bid$ 18,500.00 Alt #2 ‐ Term Bars (Deduct)$ (2,250.00) Total$ 16,250.00 104 North Street Base Bid$ 29,700.00 Alt #2 ‐ Term Bars (Deduct)$ (3,100.00) Total$ 26,600.00 Community Activity Center Base Bid$ 42,500.00 Alt #1 ‐ Tear Off$ 6,400.00 Alt #2 ‐ White EPDM$ 2,600.00 Alt #3 ‐ Metal (Deduct)$ (2,050.00) Total$ 49,450.00 Total Contract Value$ 92,300.00

The identified scope has a combined contract value of $92,300. The overall project budget of $101,530 includes a 10% construction contingency.

Staff recommends Council acceptance of the base bids and alternates as identified.

TOWN COUNCIL ACTION REPORT

May 1, 2014

Resolution Authorizing the Execution of an Intergovernmental Agreement for Police Shooting Range Facility with the City of Bloomington

PREPARED BY: Richard Bleichner, Chief of Police

REVIEWED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: There is no increase in the annual cost of the agreement. Sufficient funds already exist in the Contractual Services line of the police department in the FY 2014-15 budget to cover costs associated with this agreement. STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Resolution/Agreement

BACKGROUND

Since 1994 the Town of Normal and the McLean County Sheriff’s office have participated in an intergovernmental agreement with the City of Bloomington for the use of Bloomington’s range facilities. This agreement provides a facility for the Town to use during our annual firearms qualifications and open range training. The Police Departments Emergency Response Unit also uses this facility on a bi-monthly basis for their firearms and tactical scenario training.

DISCUSSION/ANALYSIS

This agreement allows the police department access to a firearms training facility set up specifically for police training. The agreement provides the Town of Normal with a minimum of 25 individual days a year to schedule range qualification and additional training.

The previous agreement was for one year, which expired on December 31, 2013 with an annual fee of $8,221.98. The proposed agreement is again for a one year term and the cost remains $8,221.98, which hasn’t increased since 2010. The proposed agreement is similar to the previous one; however language has been stricken regarding the removal of gravel on the outdoor pistol range, filling it in with concrete and pouring a concrete pad for a future “entry house”, and increase the size of the rifle range, if feasible. This language has been in the range agreement since November of 2008 but has not been fulfilled. The language was originally negotiated into the agreement because annual costs associated with use of the facility continued to increase but the City of Bloomington refused to make improvements and hadn’t addressed maintenance concerns to our satisfaction. Since the language was added, the City of Bloomington has replaced the target system on the outdoor pistol range and are planning additional upgrades to that system yet this year. Bloomington Police staff have also indicated they are currently completing extensive work to the buildings at the range facility to prevent them from falling further into disrepair and return them to a safe and useable condition. TOWN COUNCIL ACTION REPORT

Our range officers have indicated that the target system improvements that have been made and are planned, as well as the improvements to the shooting line over the past few years, have been more beneficial than those outlined in the previous agreement.

Given this information staff recommends approval of the proposed agreement, which will be in effect retroactively from January 1, 2014 through December 31, 2014.

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR POLICE SHOOTING RANGE FACILITY WITH THE CITY OF BLOOMINGTON

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 previously entered into an Intergovernmental Agreement with the City of Bloomington for the purpose of utilizing the City of Bloomington's Shooting Range Facility for the purpose of police training; and

WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to enter into an intergovernmental agreement with the City of Bloomington for the use of the City's Shooting Range Facility.

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

SECTION ONE: That the terms of the agreement submitted by the City of Bloomington as aforesaid be, and the same are hereby, accepted on behalf of the Town of Normal.

SECTION TWO: That the Town of Normal hereby authorizes the President of the Board of Trustees to enter into an Intergovernmental Agreement for Police Shooting Range with the City of Bloomington. A copy of said Agreement is marked Exhibit "A", attached hereto and incorporated herein by reference.

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

ADOPTED this _____ day of ______, 2014.

APPROVED:

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

______Town Clerk (seal)

TOWN COUNCIL ACTION REPORT

May 1, 2014

A Resolution Authorizing the Execution of an Intergovernmental Agreement with the Towanda Fire Protection District

PREPARED BY: Michael E. Humer, Fire Chief

REVIEWED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: The agreement will result in a modest annual revenue stream that will positively impact the General Fund.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Resolution, Proposed Intergovernmental Agreement

BACKGROUND

In July of 2012, the Town of Normal entered into an intergovernmental agreement with the Towanda Fire Protection District for Emergency Medical Service coverage. Originally, the Town provided Advanced Life Support Ambulance coverage Monday through Friday 6:00 AM to 6:00 PM. Starting in October of 2013, the Fire Dept. started providing coverage 24 hours per day 7 days per week. The terms of the last agreement were for sixth months at our request, so we could evaluate to see if there would be any adverse impact to the Town’s Ambulance operation. From October 1st 2013 to April 1st of 2014 we have responded to calls in Towanda 48 times. At this time there has been no adverse effect on the Town’s EMS operations.

DISCUSSION/ANALYSIS

Under the proposed Intergovernmental agreement, the Town will provide Advanced Life Support Ambulance Coverage 24 hours per day, 7 days per week to the Village of Towanda. We will still be allowed to bill the Patient for transport. The Towanda Fire Protection District will pay the Town of Normal $95,000 during the first two terms of the agreement. During subsequent terms the District will pay 103% of the rate paid during the prior term. A term is every two years, and will automatically renew for five additional two year terms unless either party gives notice of non-renewal six months prior to the end of any two year term.

Staff recommends Council approval of the proposed intergovernmental agreement.

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH TOWANDA FIRE PROTECTION DISTRICT

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 Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to enter into intergovernmental agreements and agree or otherwise associate among themselves in any manner not prohibited by law or ordinance; and

WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government pursuant to agreement; and

WHEREAS, Section 5 of the Intergovernmental Cooperation Act (5 ILCS 220/5) provides that any one or more public agencies may contract with any one or more other public agencies to perform any governmental services, activity or undertaking which any of the public agencies entering into the agreement is authorized by law to perform, provided that such agreement shall be authorized by the governing body of each party to the agreement; and

WHEREAS, the Towanda Community Fire Protection District provides emergency ambulance transport service within the territory served by the District; and

WHEREAS, the Town of Normal, Illinois also operates an emergency ambulance transport service; and

WHEREAS, District has experienced a shortage of personnel to staff District’s emergency ambulance service; and

WHEREAS, Town has the capability of providing emergency ambulance service to the area served by District and Town is willing to provide such service upon the terms set out in this Agreement; and

WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to enter into an Intergovernmental Agreement with Towanda Fire Protection District to provide emergency ambulance service to Towanda Fire Protection District.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR 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 an Intergovernmental Agreement with Towanda Fire Protection District. A copy of said Intergovernmental 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 the signature of the President on said document and keep a fully executed original in her office for public inspection.

ADOPTED this ____ day of ______, 2014.

APPROVED:

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

ATTEST:

______Town Clerk

(Seal)

INTERGOVERNMENTAL AGREEMENT

This Intergovernmental Agreement is made and entered into by and between the Towanda Fire Protection District ("District") and the Town of Normal, Illinois ("Town") as of the date it is duly executed by the authorized officers of each of the parties in accordance with the law applicable to each party, as follows:

WHEREAS, the parties to this Agreement are each units of local government which are authorized and qualified to enter into this Agreement pursuant to the foregoing recitals;

WHEREAS, the parties hereto have determined that it is in their respective best interest to enter into this Agreement; and

WHEREAS, District desires to assure the provision of emergency ambulance transport service within the territory served by the District;

WHEREAS, Town operates an emergency ambulance transport service at the ALS (advanced life support) level;

WHEREAS, District has previously provided emergency ambulance transport service but has experienced a shortage of personnel to staff District's emergency ambulance service;

WHEREAS, Town has the capability of providing emergency ambulance service to the area served by District and Town is willing to provide such service upon the terms set out in this Agreement;

1 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND THE COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. Purpose. By this Agreement, the parties do establish an arrangement by which Town will provide primary emergency ambulance service within the territory served by District as specified in this Agreement.

Section 2. Incorporation of Findings. Each of the findings set forth in the preamble to this Agreement are expressly incorporated herein and made a part of this Agreement.

Section 3. Service. It is agreed that Town will provide emergency ambulance service at the ALS (Advanced Life Support) level to the territory served by District on a continuous 24 hours per day/365; days per year basis so long as this Agreement remains in effect.

Section 4. Dispatch. It is agreed that the McLean County ETSB will be notified that calls for emergency ambulance service within District's territory are to be routed both to Town and District during the hours that Town is providing primary emergency ambulance service within District. 11he respective dispatching services for District and Town will be so notified.

Section 5. District Response. It is agreed that when calls for emergency ambulance service within District are received by Town, District will simultaneously dispatch First Responder personnel to calls for emergency medical services within District to assist and supplement Town’s personnel.

Section 6. Regulatory Compliance. Services provided by Town under this Agreement will be in compliance with the Illinois Emergency Medical Services (EMS) Act (210 ILCS 50/1 et seq.) and the regulations and protocols of the Illinois Department of Public Health, the resource hospital, and the medical director applicable to Town's and District's emergency medical service.

Section 7. Insurance and Indemnification. Each of the parties will be responsible for the acts and omissions of its personnel in connection with the provision of emergency medical services in connection with this Agreement and each will indemnify and hold harmless the other party from claims of third parties which arise from the acts or omissions of its personnel. Each of the parties will be responsible for maintaining insurance coverage adequate to meet the risk of claims of third parties based on the acts or omissions of its personnel in the rendition of emergency medical services and will provide the other party with verification of such coverage throughout the term of this Agreement and following its termination.

2 Section 8: Compensation. In consideration for Town's provision of emergency ambulance service under this Agreement, District agrees to pay Town at the rate of Ninety Five Thousand Dollars ($95,000.00) annually during the first two year term of this Agreement. During any subsequent term District agrees to pay Town annually 103 per cent (103%) of the rate paid during the prior term. Payment will be made in monthly installments by District. Town will, additionally, be entitled to charge persons provided emergency ambulance services within District's territory at the same rate and in the same manner that it provides emergency ambulance service within Town and mileage for transport.

Section 9. Term and Termination. It is agreed that the term of this Agreement will be two (2) years commencing April 1, 2014 and terminating March 31, 2016. This Agreement will automatically renew for five (5) additional two (2) year terms unless notice of non-renewal is given six (6) months prior to the end of a two (2) year term.

Section 10. Any notice which is required to be delivered by one party to the other under this Agreement may be by U.S. certified mail or personal delivery to the following:

If to District: President Board of Trustees Towanda Community Fire Protection District P. O. Box 227 Towanda, IL 61776

If to Town: Town Clerk Town of Normal 11 Uptown Station P. O. Box 589 Normal, IL 61761

Either party may change the delivery address by written notice to the other party.

Section 11. Mutual Aid. Except as may be expressly provided in this Agreement, existing agreements for mutual aid between District and Town shall not be affected by this Agreement and those agreements and arrangements will remain in full effect throughout the term of this Agreement.

Section 12. General Terms. This Agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of any party hereto, provided, however, that this Agreement may not be assigned by a party without prior written consent of the parties hereto. This Agreement shall be governed by and construed under the laws of the State of Illinois. If, for any reason, any provision of this Agreement is dete1mined by a court of competent jurisdiction to be invalid or

3 unenforceable, that provision shall be deemed severable and this Agreement may be enforced with that provision severed or modified by court order. This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. A waiver by either party of a provision of this Agreement or performance by the other party on one occasion shall not constitute a waiver on any subsequent occasion or be considered a continuing waiver. Time is of the essence of this Agreement.

In witness whereof, the parties, by their duly authorized officers and representatives have entered into this Intergovernmental Agreement on the dates below written.

Town of Normal, Illinois

By: ______

Title: ______

Date: ______

Towanda Community Fire Protection District

By: ______

Title: ______

Date: ______

4 TOWN COUNCIL ACTION REPORT

May 1, 2014

Resolution Authorizing the Extension of a Lease Agreement for Police Department Substation on Orlando Avenue

PREPARED BY: Kirk Ijams, Assistant Chief of Police

REVIEWED BY: Richard Bleichner, Chief of Police Mark R. Peterson, City Manager

BUDGET IMPACT: A minimal annual increase of $120 is needed to cover the cost of the new lease agreement in the FY 2014-15 budget. (line 001-6010-421.30-50) STAFF RECOMMENDATION: Approval

ATTACHMENTS: Resolution, Lease Agreement Amendment

BACKGROUND

In 2002 the Police Department opened a substation at 623 West Orlando. Since that time the Police Department has been deploying walking, vehicle and bicycle patrols in the Orlando area. The initial goal of the project was to improve communications between the residents of the Orlando area and the police. The facility provided a location near the Orlando street neighborhood where officers could complete reports, conduct interviews and meet with residents. The facility provided full computer access, phone lines and interview rooms with digital recording equipment. All of these services set this substation apart from others in the past and make it possible for officers to remain in the field longer, reducing response times.

DISCUSSION/ANALYSIS

In 2002 the Police Department located a 1500 square foot commercial property at 623 W. Orlando and opened a police substation. The property is within close proximity of the apartment complexes in the Orlando Avenue area. We believe a substation at this location provides additional opportunities for the Police Department to remain highly visible and accessible for residents living in that neighborhood.

Our officers use the substation to complete police reports, answer emails, interview witnesses and suspects and take meal breaks throughout the shift. This helps reduce response times because officers don’t always have to return to the department to complete their reports. Members of the Illinois State Police also utilize the substation for briefings for Roadside Safety Checks and other special details they may be working in the area.

The current lease agreement of $1,360 per month expires on May 31, 2014. The new proposed agreement is for a two-year period, June 1, 2014 to May 31, 2016. This reflects a 2.9% increase or a cost of $1,400.00 per month in the first year and no increase in the second year.

Staff recommends the approval of the agreement as drafted for the June 2014 through May 2016 period.

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO LEASE - POLICE DEPARTMENT SUBSTATION ON ORLANDO AVENUE

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 established a temporary police substation at 632 W. Orlando in Normal in 2002; and

WHEREAS, the Town of Normal entered into a two-year lease with the owners of 632 W. Orlando, Kalyanasundaram Gopinath and Rebecca Gopinath for that substation; and

WHEREAS, the Town of Normal extended the lease for two years in 2004, 2006, 2008, 2010 and 2012; and

WHEREAS, the current lease extension expires May 31, 2014; and

WHEREAS, the Town of Normal desires to maintain the police substation at 632 W. Orlando for an additional two years; and

WHEREAS, representatives of the Town of Normal have negotiated a proposed two-year extension of the lease agreement; and

WHEREAS, the rent amount shall be $1,400.00 per month for the period from June 1, 2014 through May 31, 2016; and

WHEREAS, it is in the best interest of the citizens of the Town of Normal to enter into an extension of the lease agreement.

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 an Amendment to Lease as set forth in 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 of the Board of Trustee on said agreement and to retain a fully executed original of said agreement in her office for public inspection.

ADOPTED this _____ day of ______, 2014.

APPROVED:

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

ATTEST:

______Town Clerk

(seal)

TOWN COUNCIL ACTION REPORT

May 1, 2014

Resolution Authorizing Execution of a Lease Agreement Extension with The Illinois House of Representatives by its Agent, Illinois State Representative Dan Brady

PREPARED BY: Steven D. Mahrt, Corporation Counsel

REVIEWED BY: Mark Clinch, Director of Facilities Management Mark R. Peterson, City Manager

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Resolution, Proposed Lease Agreement

BACKGROUND

The Town owns the building located at 104 West North Street in Uptown. This property is a two story building with apartments upstairs and an office space downstairs. The Town has entered into an agreement with First Site to lease the apartments. In August of 2012, the Council approved a lease agreement pertaining to the office space downstairs with Illinois State Representative Dan Brady. Prior to Mr. Brady’s occupation of the space, the Town had leased the office space to U.S. Representative Debbie Halvorson and State Senator Shane Cultra.

DISCUSSION/ANALYSIS

The lease agreement with the Illinois House of Representative with Dan Brady as agent expired on January 9, 2014. Neither party recalled the expiration date and that is why no action was taken until this time. Representative Brady has indicated an interest in continuing to occupy the space and has requested that the Town Council extend the lease for one additional year. Therefore, the attached lease agreement extends the lease from January 10, 2014 to January 10, 2015. The lease provides that either party may terminate with 30 days notice. The rent is $1.00 for the lease term.

The lessee is required to maintain liability insurance as well as personal property and casualty insurance. Also, the lessee will be responsible for paying all utilities to the office and for all routine custodial services. Further, the lease agreement specifies that the tenant shall not engage in any partisan political activity.

Staff recommends that the lease agreement with the Illinois House of Representatives with Dan Brady as their agent be extended for one additional year as proposed.

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE ILLINOIS HOUSE OF REPRESENTATIVES BY ITS AGENT, ILLINOIS STATE REPRESENTATIVE 105th DISTRICT, DAN BRADY

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 property at 104 West North Street, Normal, Illinois; and

WHEREAS, State Representative Dan Brady desires to operate an office at 104 West North Street in the Town of Normal; and

WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to authorize execution of said Lease Agreement.

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

SECTION ONE: That the President be and he is hereby authorized to execute for and on behalf of he Town of Normal, Illinois, a Lease Agreement with the Illinois House of Representatives by its Agent, Illinois State Representative 105th District, Dan Brady to operate an office at 104 West North Street, Normal, Illinois. A copy of said Lease Agreement, 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 the signature of the President on said document and retain a fully executed original of said Lease Agreement in her office for public inspection.

ADOPTED this _____ day of ______, 2014.

APPROVED:

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

______Town Clerk

(seal)

LEASE AGREEMENT WITH THE ILLINOIS HOUSE OF REPRESENTATIVES BY ITS AGENT, ILLINOIS STATE REPRESENTATIVE 105th DISTRICT, DAN BRADY

This Lease by and between the Town of Normal, Illinois an Illinois municipal corporation having an office at 11 Uptown Circle, Normal, Illinois 61761 (hereinafter referred to as "Lessor") and the Illinois House of Representatives (hereinafter referred to as the "Lessee") by its agent, Illinois State Representative Dan Brady (hereinafter referred to as the "Representative"), not individually but in his or her official capacity, pursuant to the General Assembly Compensation Act, 25 ILCS 115/1, et seq.;

WITNESSETH:

WHEREAS, Lessor owns the property described in Exhibit A attached hereto and made a part hereof (the “Property”); and

WHEREAS, Lessee desires to operate an office on the Property.

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

Section 1. Property Rental. Subject to the terms and conditions specified herein, Lessor hereby leases to Lessee the premises described in Exhibit A, for use as a state legislative district office only.

Section 2. Term and Holding Over. The term of this Lease shall commence on January 10, 2014, (the "Commencement Date") and continue until January 10, 2015 unless otherwise terminated as provided under this Lease. If, after the expiration of the term of this Lease, as provided in Section 2 of this Lease, Lessee retains possession of the premises, this Lease shall continue in full force and effect on the same terms and conditions, except the Lease shall be on a month-to-month basis until terminated.

Section 3 Rent.

(a) Lessee shall pay Lessor as rent One Dollar ($1.00) for the term.

(b) Payment for obligations by Lessee pursuant to this Lease shall be solely from sums appropriated to the Illinois General Assembly for such purposes pursuant to the General Assembly Compensation Act, 25 ILCS 115/1, et seq. Obligations of the State shall cease immediately without penalty or further payment being required if, in any fiscal year, the General Assembly fails to appropriate or otherwise make available funds for this Lease.

Section 4. Utilities. Lessee shall pay or cause to be paid all charges for water, heat, gas, electricity, sewers, and any and all other utilities used at the Property throughout the term of this Lease, including any connection fees.

1 Section 5. Possession and Right of Entry.

(a) Lessee shall be entitled to possession on the first day of the term of this Lease. Should Lessor be unable to give possession on the first day of the term of this Lease, Lessee shall not be liable for rent unless and until possession is delivered and rent shall be prorated from the date of occupancy.

(b) Lessor, its employees and agents shall have the right to enter upon the Property at any time for any purpose. Lessor shall endeavor to give Lessee 24-hour notice of each entry.

Section 6. Insurance.

(a) Lessee agrees at all times to carry at its sole cost and expense the following insurance coverages: 1. Liability insurance in an amount of $100,000 per occurrence. 2. Personal property casualty insurance.

(b) Lessee may satisfy the above obligation through a self-insurance program. If Lessee shall fail at any time to effect or maintain any of such insurance, Lessor, at its option, may do so, and the cost thereof shall be paid by Lessee in accordance with Section 20 hereof. Lessee shall not carry on any activity, other than that permitted by this Lease, which will increase the premium on any policy of insurance carried or to be carried by Lessor, and, in the event of any such increase, Lessee shall pay the amount by which such premiums may be increased by such activity, in accordance with Section 20 hereof. All insurance shall contain a waiver of subrogation in favor of Lessor, if obtainable, and Lessor's fire insurance policy with respect to the Property shall contain a waiver of subrogation in favor of, Lessee if obtainable.

Section 7. Initial Improvements and Fixtures. Lessee hereby represents and warrants that it has inspected the Property and is willing to take it "as is", and agrees that neither party has any obligation to make any repairs or renovations in addition thereto. Lessee shall at all times present the Property and utilize all fixtures, furniture, and equipment in a manner consistent with the image of a professional office use.

Section 8. Subsequent Improvements and Fixtures. Lessee shall not at any time subsequent to the Commencement Date make any alterations, improvements, or physical changes in the Property without the prior written consent of Lessor. Prior to the commencement of any improvements to the Property, Lessee shall deliver to Lessor plans and specifications describing in reasonable detail Lessee’s new fixture plan and overall design (the "Plans"). Lessor shall approve or reject the Plans in writing within thirty (30) days of their receipt. The cost of the improvements, furniture, fixtures, and equipment indicated on the approved plans shall be borne by the Lessee. All such furniture, fixtures, and equipment shall be paid for in cash, and no chattel mortgage, conditional sales agreement, security agreements, financing statements, or other encumbrance shall be imposed or filed, and no hypothecation or assignment shall be made by Lessee in connection therewith. All improvements shall be constructed in compliance with the approved Plans and all laws, regulations, statutes, codes, ordinances, and other governmental requirements. During construction, Lessee shall obtain and maintain such insurance as Lessor shall reasonably request. Notwithstanding the foregoing, Lessor consents to Lessee, at its own cost and expense, making the improvements described in Exhibit B.

Section 9. Maintenance by Lessee. Lessee shall at all times during the term of this Lease, at its own cost and expense, maintain the furniture, floor coverings, other furnishings, fixtures, and equipment on the Property in a clean, neat condition and appearance. Notwithstanding the provisions of this Section, Lessee has no obligation to make any repairs or renovations to the furniture, floor coverings, other furnishings, fixtures, and equipment on the Property.

Section 10. Condition of Property at Termination; Disposition of Improvements.

(a) At the expiration or termination of this Lease, Lessee shall remove all its trade fixtures, furnishings, and equipment from the Property at its own cost and expense and deliver the Property to Lessor "broom clean".

(b) Any fixtures or any other property furnished by Lessor without cost to Lessee shall remain the property of Lessor and shall be returned to Lessor at the expiration or termination of this Lease in the same condition as they were at the beginning of the term, reasonable wear and tear excepted. In addition, any fixtures or other property, whether or not furnished by Lessor, which cannot be removed without damage to the property of Lessor, shall become Lessor's property at the expiration or termination of this Lease.

Section 11. Real Estate Taxes. Lessor shall be responsible for any and all real estate taxes assessed on the Property from commencement of this Lease until termination of occupancy by Lessee and any person claiming a right of occupancy for Lessee. Lessee is not liable for the payment of any taxes or assessments, including, without limitation, property taxes, which may be levied or assessed upon or extended to the Property during the term of this Lease.

Section 12. Prohibition on Political Use. Lessee agrees to not conduct any partisan political activities or campaigning from the property. This prohibition shall not prohibit official state activities.

Section 13. Indemnification. Lessee shall reimburse, indemnify, and hold Lessor harmless from all expenses, losses, liabilities, damages, costs, claims, and demands arising out of or related to Lessee's business operations in the Property or arising out of any act, neglect, fault, or omission by or of the Lessee, its agents, servants or employees, including, but not limited to, any injury or death to any person, or damage to any property, claims for infringement of patent, copyrights, trademarks, violations of laws or governmental regulations, or any right of others. In addition, Lessee shall indemnify and hold Lessor harmless from any claims of damages arising out of any loss or injury to Lessee's property wherever located, unless such loss or injury was caused by negligence, gross negligence, or willful misconduct of Lessor, its employees, or any persons for whom it is legally responsible. The liabilities of Lessee provided in this paragraph shall continue after and shall survive this Lease with respect to matters that occur during the term. The failure or inability of Lessee to obtain or maintain the contractual liability insurance required under Section 7 shall not limit or affect Lessee's obligation hereunder. Nothing in this Section shall exempt the Lessor from all expenses, losses, liabilities, damages, costs and claims for injuries or death to any person or damage to any property not owned by Lessee that is caused by or arises from any actual or alleged act, neglect, fault, or omission by or of the Lessor, its agents, servants or employees, in the operation or maintenance of the premises or the real property containing the premises.

3 Lessor shall reimburse, indemnify, and hold Lessee harmless from all expenses, losses, liabilities, damages, costs, claims, and demands arising out of or related to Lessor’s operation of the Property or arising out of any act, neglect, fault, or omission by or of the Lessor, its agents, servants or employees, including, but not limited to, any injury or death to any person, or damage to any property, claims for infringement of patent, copyrights, trademarks, violations of laws or governmental regulations, or any right of others, together with reasonable counsel fees and other related expenses. The liabilities of Lessor provided in this paragraph shall continue after and shall survive this Lease with respect to matters that occur during the term.

Section 14. No Liability of Lessor. Lessor shall not be liable to Lessee for any shortage, loss, theft, damage, disappearance, or injury of or to any of the merchandise, supplies, equipment, or other property of any nature of Lessee, whether such loss or damage or injury may occur by reason of the negligence of Lessor, its servants, agents, or employees or contractors or by reason of any other cause. Lessor shall not be liable for any loss or damage to Lessee or interference with or suspension of Lessee's business operations due to causes beyond the reasonable control of Lessor and shall not be liable or responsible in any way for any debts contracted by Lessee.

Section 15. Casualty. In the event that on account of fire, flood or other casualty, in whole or in part and the property becomes unsuitable for use, or should become totally destroyed by fire, flood or other casualty, this Lease shall be terminated and Lessee shall vacate the Property.

Section 16. Liens. Lessee shall not directly or indirectly by action or omission cause any lien to be placed upon the Property or any personal property located in the Property. Any such lien shall be paid or discharged by Lessee within ten (10) days after notice thereof.

Section 17. Termination. Either party may terminate this Lease upon thirty (30) days written notice of the intention to terminate this Lease. If, for any reason, the Representative is no longer a member of the Illinois House of Representatives for any reason, this Lease shall terminate.

Section 18. Remedies. The remedies specified in this Lease are cumulative and are not intended to limit or exclude either party's right to seek and obtain any available remedy at law or in equity, including injunctive relief in case of any threatened breach by the other of any provision of this Lease. The parties consent to the exclusive jurisdiction of the Illinois Court of Claims.

Section 19. Assignment, Sublease, and Transfer. Lessee shall not, without the prior written consent of Lessor, which Lessor in its sole discretion may withhold, either sell, assign, mortgage, or transfer, by operation of law or otherwise, this Lease, or

(a) Sublease all or any of the space allotted to Lessee, or any part thereof, or

(b) Permit any of the foregoing to occur, or permit the said space to be occupied by anyone other than Lessee and Lessee's employees.

In the event Lessor so consents, Lessee shall continue to remain liable for all of Lessee's obligations hereunder until the end of the term hereof.

4 Section 20. Waiver. Failure of Lessor to charge any item to Lessee's account at the correct time shall not operate as a waiver of the right to charge such item, nor of Lessee's obligation therefore, nor shall Lessor's receipt of any payment from Lessee operate as a waiver of any rights of Lessor to enforce any other payment previously due or which may hereafter become due, or of any rights of Lessor to terminate this Lease or to exercise any right which may otherwise be available to Lessor. No waiver by Lessor or Lessee of any breach of any provision of this Lease shall operate as a waiver of any other prior or subsequent breach thereof, or of the provision itself, or of any other provision.

Section 21. Amendments. This Lease cannot be altered, modified, or discharged except by an agreement in writing signed by the party against whom enforcement of the alteration, modification, or discharge is sought.

Section 22. Notices. All notices and demands made pursuant to this Lease shall be mailed or delivered to Lessor at the following address:

Town Clerk (with a copy to the Director of Downtown Development) 11 Uptown Circle P.O. Box 589 Normal, Illinois 61761 and to Lessee at the following address:

Representative Dan Brady 202 N. Prospect Rd., Suite 203 Bloomington, IL 61704

Notices and demands must be in writing and may be given by registered or certified mail or in person, subject to receipt therefore. Either party may notify the other in writing of a change of address to which all notices and demands shall thereafter be directed, provided that such new address shall be in the State of Illinois.

Section 23. Legal Effect of Agreement. It is expressly understood and agreed that Lessor and Lessee shall not be construed to be partners or joint venturers, nor shall the relationship of the parties be construed as a principal-agent or employer-employee relationship for any purpose whatsoever. The relationship of the parties established pursuant to this Lease shall be construed as landlord-tenant.

Section 24. Jurisdiction. The laws of the State of Illinois shall govern the interpretation and enforcement of this Lease.

Section 25. Captions or Headings. The section captions or headings throughout this Lease are for convenience and reference only, and the words contained therein shall not in any way be held to explain, modify, amplify, or add to the interpretation, construction, or meaning of the provisions of this Lease.

Section 26. Successor and Assigns. The terms of this Lease shall be binding upon Lessor and its successors and assigns, and upon Lessee and its successors, heirs, executors, and administrators, as the case may be, and if Lessor has consented in writing to an assignment of this Lease by Lessee, the terms of this Lease shall be binding upon such assignee of Lessee.

5 Section 27. Certifications. The Certifications attached hereto as Exhibit C are incorporated herein.

Section 28. Disclosure Statement. Lessor agrees to execute the Real Estate Disclosure Statement attached as Exhibit D.

IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed by the undersigned.

LESSOR: TOWN OF NORMAL LESSEE: ILLINOIS HOUSE OF REPRESENTATIVES

By: ______By: ______Its Mayor Print Name: ______

Attest: ______Title: State Representative, Lessee’s Its City Clerk Authorized Agent

Dated: ______Dated: ______

6 TOWN COUNCIL ACTION REPORT

May 1, 2014

Resolution Accepting Deed to 105 W. Poplar Street

PREPARED BY: Wayne Karplus, Deputy Corporation Counsel

REVIEWED BY: Greg Troemel, Director of Inspections Mark R. Peterson, City Manager

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Resolution, Photos of Property

BACKGROUND

For the past five years the house at 105 W. Poplar Street has stood vacant and abandoned. The roof has leaked and the plaster on the inside has fallen to the floors below. The Town has been mowing the lawn and placing liens on the property. Although sold for taxes, the tax buyer filed for a certificate in error because of the Town’s liens, effectively negating the tax sale. The building is in bad shape and the Inspections Department declared it an unsafe structure.

The property is owned by Joel and Monica McClintock. They filed bankruptcy and attempted to give the property back to the mortgage lenders. The McClintocks have moved to Bloomington and want nothing more to do with the property. They are unlikely to be able to shoulder the cost of demolition or repair of the property.

The first mortgage holder, JP Morgan Chase Bank, N.A. denied being the mortgage holder. They have since filed a satisfaction of mortgage, though the McClintocks indicate that they have not paid the mortgage. The second mortgage holder has not acknowledged any receipt of communication from the Town.

Last fall the Town initiated a legal proceeding to require the structure be demolished or repaired. During the course of the proceedings, it became apparent that the building qualified as an abandoned property and the Town amended its complaint to include this allegation. This new count allows the Town to obtain title to the property, rather than first demolishing the property and foreclosing the demolition lien. This has the advantage of allowing the Town to dispose of the property without the expense of demolition.

On Thursday April 17, 2014 the Circuit Court of McLean County granted a deed to the property pursuant to the Town’s action. The Town must now either accept the deed or reject the result of the court action.

DISCUSSION/ANALYSIS

By accepting the deed, the Town obtains ownership of the property free from any liens. The Town can then transfer the property to someone else. The Town could decide to demolish the structure itself which TOWN COUNCIL ACTION REPORT would require payment of prevailing wage, or could require a future owner of the property to demolish the structure.

Were the Town to reject the deed, the Town would be required to file additional court pleadings to have the judgment set aside. The property would remain in its current condition and abandoned. The Town could again file for a demolition order, but the ultimate result of such an action is the Town incurring the cost of the demolition, foreclosing the demolition lien and ending up with title to the abandoned property.

If the Town accepts the deed, staff will return to Council with a suggested plan for disposing of the property. Because the period for filing an appeal of the Court’s judgment is not complete, it would be imprudent to dispose of the property at this time.

Town staff recommends approval of the resolution accepting the deed to the property.

RESOLUTION NO. ______

A RESOLUTION ACCEPTING A JUDICIAL DEED FOR 105 W. POPLAR

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 filed an action in McLean County Circuit Court to have the property at 105 W. Poplar declared abandoned; and

WHEREAS, the Circuit Court has declared the property abandoned and issued the Town of Normal a Judicial Deed pursuant to Illinois state law; and

WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to accept said Judicial Deed.

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

SECTION ONE: That the Judicial Deed from the Circuit Court of the Eleventh Judicial Circuit, County of McLean for the property located at 105 W. Poplar, having the legal description of Lot 5 in Block 17 in the First Addition to the Town of Normal, be and the same is hereby accepted.

SECTION TWO: That the Town Clerk be and she is hereby authorized and directed to file a certified copy of this Resolution and the attached Judicial Deed with the McLean County Recorder of Deeds.

SECTION THREE: PIN 14-28-228-007.

ADOPTED this ______day of ______, 2014.

APPROVED:

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

ATTEST:

______Town Clerk

(seal)

105 W Poplar Street TOWN COUNCIL ACTION REPORT

May 1, 2014

Ordinance Vacating a Part of Adelaide Street North of Dale Street and Accepting a Dedication of Adelaide Street North of Dale Street

PREPARED BY: Mercy Davison, Town Planner

REVIEWED BY: Steven D. Mahrt, Corporation Counsel Mark R. Peterson, City Manager

BUDGET IMPACT: None

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Ordinance; Petition to Vacate; Plat and Deed

BACKGROUND

The property owner at 736 Dale Street desires to install a fence along her west property line running north and south parallel with Adelaide Street. Due to the proposed alignment of the fence, it was determined that the fence will be partially within Adelaide Street right of way. The property owner, Ms. Sharlet Wilkins does not desire to place the fence outside of the right of way. The parties agreed to exchange street right of way to preserve Ms. Wilkins’ desired fence location.

DISCUSSION/ANALYSIS

Staff has no objection to vacating the small sliver of Adelaide Street right of way so Ms. Wilkins can align her fence in her desired location. In exchange staff has asked Ms. Wilkins to dedicate a small sliver of her property for Adelaide Street right of way where the fence angles away from the right of way. The parcels to be exchanged are depicted in the attached plat of vacation and dedication prepared by Shive Hattery. Ms. Wilkins will dedicate approximately 71 square feet of her property and the town will vacate approximately 50 square feet of Adelaide Street right of way. The town will reserve an easement in the vacated right of way for the purpose of installing and maintaining utilities.

ORDINANCE NO. ______

AN ORDINANCE VACATING A PART OF ADELAIDE STREET NORTH OF DALE STREET AND ACCEPTING A DEDICATION OF ADELAIDE STREET NORTH OF DALE STREET

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 owner of property at the intersection of Dale Street and Adelaide Street in the Town of Normal desires to straighten her west property line immediately adjacent to Adelaide Street and has petitioned the Council to vacate a portion of Adelaide Street and in exchange therefore is willing to dedicate a portion of her property for Adelaide Street; and

WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to vacate a portion of Adelaide Street and accept a dedication of Adelaide Street as proposed by the adjacent landowner.

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

SECTION ONE: That the dedication of right-of-way for Adelaide Street described in the attached Plat of Vacation and Dedication be and the same is hereby accepted and the portion of Adelaide Street to be vacated as described in the attached Plat of Vacation and Dedication be and the same is hereby vacated preserving, however, an easement for the right to install and maintain utilities within the area vacated.

SECTION TWO: That the owner of Parcel No. 14-28-351-020 shall, by virtue of the dedication of a portion of said parcel to the Town of Normal for Adelaide Street, acquire to title that portion of Adelaide Street vacated by this Ordinance.

SECTION THREE: That the Town Clerk be and she is hereby authorized and directed to record the attached Plat of Vacation and Dedication with the McLean County Recorder of Deeds.

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 ______, 2014, with ______voting aye; ______abstaining; ______voting nay: and ______absent.

AYE NAY OTHER AYE NAYOTHER Councilwoman Reece Councilman Scott Councilman Fritzen Councilwoman Gaines Councilman McCarthy Mayor Koos Councilman Preston

The foregoing ordinance was approved by the President and Board of Trustees of the Town of Normal on the _____ day of ______, 2014.

The foregoing ordinance was published in pamphlet form on the ___ day of ______, 2014.

PETITION TO VACATE A PORTION OF ADELAIDE STREET

COMES NOW, Sharlet J. Wilkins of Normal, Illinois and prays that a portion of

Adelaide Street immediately adjacent to her residence at 736 Dale Street as more particularly described in the attached Right of Way Vacation Plat, be vacated, reserving however an easement in the vacated Right of Way for general utility purposes.

______Sharlet J. Wilkins

Subscribed and sworn to before me this _____ day of ______, 2014.

______Notary Public

WARRANTY DEED

THIS INDENTURE WITNESSETH, that the Grantor, Sharlet J. Wilkins, a single person, of the County of McLean and State of Illinois, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid, CONVEYS AND WARRANTS to the Town of Normal, an Illinois home rule unit of local government, of the County of McLean and State of Illinois, the following described property:

A part of Lot 21 in Block 2 in the Eleventh Addition to the Town of Normal, McLean County, Illinois, more particularly described as follows: Beginning at the Northwest corner of Lot 21 in said Block 2; thence South 01 degrees 39 minutes 02 seconds West along the West line of said Lot 21 a distance of 71.48 feet, line also being the east right-of-way line of Adelaide Street; thence North 00 degrees 02 minutes 49 seconds east a distance of 71.45 feet; thence South 89 degrees 58 minutes 17 seconds east a distance of 2.00 feet to the point of beginning.

71.45 square feet – Part of 14-28-351-020. 736 Dale Street, Normal, IL 61761

IN TESTIMONY WHEREOF, the undersigned has affixed his signature on this ______day of ______,

______(SEAL) Sharlet J. Wilkins

STATE OF ILLINOIS ) )SS COUNTY OF MCLEAN )

I, ______, a Notary Public, in and for said County and State aforesaid, do hereby certify that Sharlet J. Wilkins, a single person, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary act, for the uses and purposes therein set forth.

Signed before me on ______, 2014.

______Notary Public

NOTE: This transfer is exempt from any real estate transfer tax under provisions of Par. 4(e), Real Estate Transfer Tax Act.

Date: ______Buyer's Representative

This instrument was prepared by: Steven D. Mahrt, Corporation Counsel, Town of Normal, 11 Uptown Circle, P. O. Box 589, Normal, Illinois, 61761.

Send any subsequent tax bills to Sharlet J. Wilkins, 736 Dale St., Normal, IL 61761.

Return recorded document to: Town Clerk, Town of Normal, 11 Uptown Circle, P. O. 589, Normal, IL 61761

TOWN COUNCIL ACTION REPORT

May 1, 2014

Ordinance Amending Section 25.16-3 of the Municipal Code— Parks and Recreation Fees

PREPARED BY: Steven D. Mahrt, Corporation Counsel

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

BUDGET IMPACT: Additional revenue to the FY 2014-15 General Fund Budget will result from the proposed fee increase.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed ordinance

BACKGROUND

The FY 2104-15 budget included projected revenue increase from modifications to fees charged for certain parks and recreation programs. The weekly fee for the Before and After School programs are proposed to increase from $150 and $165 respectively. Current fees charged for these programs are $145 and $160 respectively. The greens fees at Ironwood Golf Course are increasing to $18 for nine holes, $24 for weekday 18 holes and $26 for weekend 18 holes, from $15, $19 and $24 respectively. The Ironwood Ultimate Golf Pass is going from $1,175 to $1,250. Finally, the daily fee for admission to the Children’s Discovery Museum is proposed to increase from $6 to $7 and the Family Pass Plus is proposed to increase from $125 to $130.

DISCUSSION/ANALYSIS

The proposed ordinance modifies the described fees to reflect the revenue increases contained in the approved FY2014-15 budget. Each of these proposed fee increases were presented to the Council and discussed at the annual budget work session held on January 11, 2014.

ORDINANCE NO. ______

AN ORDINANCE AMENDING SECTION 25.16-3 OF THE MUNICIPAL CODE – PARKS AND RECREATION FEES

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 budget for Fiscal Year 2014/15 which includes proposed fee increases in the Parks and Recreation Department; and

WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to approve a code amendment imposing certain fee increases effective April 1, 2014, as provided herein.

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

SECTION ONE: That Section 25.16-3 of the Municipal Code Town of Normal, Illinois 1969, as amended, be and the same is hereby further amended to read as follows with strikeouts indicating deletions in text and underscore indicating additions to text:

SEC. 25.16-3. Fees hereby imposed by the Town and collected by the Director of Parks and Recreation: (Fees Amended 3/21/2011 by Ord. No. 5375)

A. Individual Seasonal Pool Pass $ 85.00

B. Family Season Pool Pass $150.00

C. After School Program/5 days per week/9 week session: $155.00 165.00 After School Program/3 days per week/9 week session: $138.00

D. Before School Program/5 days per week/9 week session: $140.00 150.00 Before School Program/3 days per week/9 week session: $127.00

E. Swimming lesson per session: $ 30.00

F. Pool Daily Admission: $6.00 Adult, $5.00 Child

G. Driving Range bucket of balls: Small: $ 4.00 Medium: $ 5.00 Large: $ 7.00

H. Golf Course Greens Fees: 9 Hole: $ 15.00 18.00 Weekday 18 Hole: $ 19.00 24.00 Weekend 18 Hole: $ 24.00 26.00

I. Golf Cart: $13.00 per person, 18 Holes $ 9.00 per person, 9 Holes

J. Deleted 3/21/2011

K. Deleted 3/21/2011

L. Ironwood Ultimate Pass: $1,175.00 1,250.00

M. Ironwood Family Golf Pass, 4 Persons: $1,000.00 (Add on above 4 - $150 per person)

N. Ironwood Season Pass: $700.00 (Family Member add on $250 per person)

O. Ironwood Senior Season Pass: $450.00

P. Ironwood Junior Pass: $375.00

Q. Ironwood Discount Card: $ 40.00

R. Day Camp: $145.00

S. Adult Summer Softball – Team: $400.00

T. Adult Fall Softball – Team: $275.00

U. Adult Basketball – 12-game League: $550.00

V. Deleted 3/21/2011

W. Normal Theater Admissions: $ 6.00

X. Children’s Discovery Museum Basic Family Pass: $ 95.00

Y. Children’s Discovery Museum Family Pass Plus: $125.00 130.00

Z. Children’s Discovery Museum Grandparent’s Pass: $125.00

AA. Children’s Discovery Museum Daily Admission $ 6.00 7.00

SECTION TWO: That the fee increases provided above shall be effective from and after April 1, 2014.

SECTION THREE: That the Municipal Code, Town of Normal, Illinois, 1969, as previously amended and as amended herein shall remain in full force and effect.

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

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

SECTION SIX: 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)

AYE NAY OTHER AYE NAY OTHER Councilwoman Reece Councilman Scott Councilman Preston Councilwoman Gaines Councilman Fritzen Mayor Koos Councilman McCarthy

The foregoing ordinance was approved by the President and Board of Trustees of the Town of Normal on the _____ day of ______, 2014.

The foregoing ordinance was published in pamphlet form on the ___ day of ______, 2014.

General Orders

TOWN COUNCIL ACTION REPORT

May 1, 2014

Ordinance Approving an Amended Special Use Permit for Calvary Baptist Church (1017 N. School) for the Operattion of a Food Pantry in the Residential Structure at 406 W. Summit

PREPARED BY: Mercy Davison, Town Planner

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

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: Conditional Approval

ZONING BOARD OF APPEALS RECOMMENDATION: Denial (5-0)

ATTACHMENTS: Proposed Ordinance; Aerial Map; Letter from Ministry & More; Building Illustrations; Landscaping Plan; Staff Report to the ZBA; Minutes of the April 17, 2014 ZBA meeting are included in the Addendum.

BACKGROUND

The Town of Normal approved the original Special Use Permit for Calvary Baptist Church at 1017 N. School in 1965 (Ord. No. 524). The special use has been amended many times, and the church property now includes 402, 404, and 406 W. Summit Street. (See attached aerial map.) The most recent amendment occurred in 2011, when the Town approved the construction of a daycare and playground north of the houses on Summit. This approval also included a new driveway off Summit and a new digital monument sign at the corner of Summit and School. The church has not yet moved forward with any of these projects, and there is no immediate plan to do so.

Ministry & More, Inc. – an independent, nondenominational nonprofit – proposes to operate a food pantry in the currently unoccupied house at 406 W. Summit (pictured at right), which the church owns. Ministry & More, Inc. proposes to operate the food pantry by appointment only. The operation would initially run from 10 a.m. until 1 p.m. one business day per week, although they have requested the ability to extend that to five work days as demand increases. Volunteers staff the operation from 8 a.m. until 3 p.m. on days in TOWN COUNCIL ACTION REPORT which the pantry is open. Clients may only access the pantry by appointment, with two clients scheduled every 15 minutes. This results in a total of 24 clients per day of operation. Food would be delivered every Monday before 3 p.m. in a passenger van or ½ ton truck.

A driveway would be built off West Summit in approximately the same location as the driveway approved (but not yet built) for the daycare. This location is the former site of a house at 404 W. Summit. Clients would park in a 4-space parking lot built off this driveway. Volunteers would park in the existing driveway to the house. In order for this structure to be open to the public, it must be made accessible with a ramp to the front entrance. Landscaping and a monument sign would also be added.

Ministry & More, Inc. currently operates a food pantry in West Bloomington in a similar, appointment- only fashion, although at a larger scale.

DISCUSSION/ANALYSIS

The Zoning Code sets forth standards for Special Uses in Sec. 15.10-5(a)(2). The standards include the provision of adequate off-street parking, avoidance of any negative impact on neighboring properties, tasteful signage, adequate screening, and overall compatibility with surrounding land uses. Special Use standards specific to churches are set forth in Sec. 15.10-4(F) and include building setbacks, a height maximum, and location adjacent to a major street.

In general, the Special Use standards are intended to ensure that specific uses do not negatively impact surrounding properties. In 2011 Town staff’s support of the daycare addition included a note that the church site is likely at its maximum potential use. The addition of a well-managed and limited food pantry operation is likely the maximum. Thus, with a few minor conditions, Town staff believes the addition of the food pantry can meet the Special Use standards. Even if extended to five days a week, the food pantry operation will have only a moderate impact on the “busyness” of the church campus, which already includes a school. The new traffic will be minor, and off-street parking will be provided adjacent to an already-approved new driveway.

For these reasons, Town staff sent a positive recommendation to the Zoning Board of Appeals conditioned on the following:

1. Addition of a landscaping screen on the street side of the ramp, facing West Summit 2. Maximum sign height of 4 feet, maximum size of 6 square feet, and placement of the sign near the ramp rather than near the street 3. Ramp design that wraps around the house rather than heading straight east

The Zoning Board of Appeals held a public hearing to review the proposed Amended Special Use Permit at its April 17, 2014 meeting. Five members of the public testified, four of whom live near or adjacent to 406 W. Summit. In general, they raised concerns about the commercial nature of the food pantry operation, preferring that it be run out of the existing church building where there is a large parking lot and existing traffic. Specific concerns included the additional traffic, impact on property values, and the current condition of the house and property.

A pastor from the church testified that there is a great need for food pantry services in north Normal and that several churches have pledged to support the operation with food drives and the like. He said they would be willing to limit the total number of days to three rather than five. He also said the existing church building does not have space for the food pantry, and that food pantry clients are often uncomfortable and/or unwilling to pick up food at a church for a variety of reasons.

Members of the Zoning Board also raised several concerns about the impact of a food pantry on the neighborhood, in particular if the food pantry operation expanded. The pastor clarified that there would TOWN COUNCIL ACTION REPORT only be one food delivery per week even if the operation expanded to three days and that any significant expansion would require an additional location. Ms. Davison noted that any expansion beyond what was approved would require a new public hearing and approval process.

Following its findings of fact, Mr. Penn moved to approve the Amended Special Use Permit with the following conditions:

1. Addition of a landscaping screen on the street side of the ramp, facing West Summit. 2. Maximum sign height of 4 feet, maximum size of 6 square feet, and placement of the sign near the ramp rather than near the street. 3. Ramp design that wraps around the house. 4. Food pantry operation limited to the hours of 10 a.m. until 1 p.m. on a maximum of three days per week, Monday through Friday, with volunteers staffing the site from 8 a.m. until 3 p.m. on food distribution days. 5. Food delivery limited to one day per week, Monday through Friday, prior to 3 p.m. in a van or ½-ton truck. 6. Food pantry clients must pick up by appointment only, with such appointments limited to no more than two clients per 15 minutes.

Ms. Brand seconded. The motion failed 5-0.

As previously noted, Town staff understands that this site is reaching its maximum potential use with the addition of a food pantry and the still-existing potential to add a daycare. However, with the conditions listed above, staff believes the addition of a food pantry still meets the Special Use Standards. For this reason, Town staff recommends the Town Council approve the food pantry subject to the six conditions listed above.

ORDINANCE NO. ______

AN ORDINANCE CONDITIONALLY APPROVING AN AMENDED SPECIAL USE PERMIT FOR CALVARY BAPTIST CHURCH (1017 SCHOOL STREET) TO OPERATE A FOOD PANTRY AT 406 WEST SUMMIT

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 enacted a comprehensive Zoning Code incorporated as Chapter 15 of the Municipal Code, Town of Normal, Illinois, 1969, as amended; and

WHEREAS, after notice and public hearing as required by law, the Zoning Board of Appeals for the Town of Normal did on April 17, 2014, recommend denial of said amended special use permit; and

WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of Normal to grant an amended special use permit at the above location.

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

SECTION ONE: That this ordinance pertains to plans and records on file in the office of the Town Clerk regarding the petition of Calvary Baptist Church to an amended special use permit to operate a food pantry at 406 West Summit from 10:00 a.m. to 1:00 p.m., Monday through Friday and related improvements depicted on submitted plans. Said property being more particularly described as follows:

Calvary Baptist Church Subdivision Lot 1 PIN 14-21-401-010 Common Location: 1017 N. School, Normal, McLean County, Illinois.

SECTION TWO: That the report and recommendation of the Zoning Board of Appeals be and the same is hereby received, placed on file and approved.

SECTION THREE: That an amended special use permit is hereby granted for construction of improvements depicted on submitted plan for the above described property, to be constructed, maintained, and operated in accordance with the plans on file in the office of the Town Clerk, provided, with the following conditions:

A. Addition of a landscaping screen on the street side of the ramp, facing West Summit. B. Maximum sign height of 4 feet, maximum size of 6 square feet, and placement of the sign near the ramp rather than near the street. C. Ramp design that wraps around the house rather than heading straight east. D. Food pantry operation limited to the hours of 10 a.m. until 1 p.m. on a maximum of three days per week, Monday through Friday, with volunteers staffing the site from 8 a.m. until 3 p.m. on food distribution days. E. Food delivery limited to one day per week, Monday through Friday, prior to 3 p.m. in a van or ½-ton truck. F. Food pantry clients must pick up by appointment only, with such appointments limited to no more than two clients per 15 minutes.

SECTION FOUR: That the following waivers are granted:

To the extent submitted plans fail to comply with Town Code said code provisions are hereby waived.

SECTION FIVE: That except as provided herein, all use, occupancy and maintenance of the property described herein shall comply with all applicable Town Codes and Ordinances.

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

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

SECTION EIGHT: 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)

AYE NAYOTHER AYE NAYOTHER Councilwoman Reece Councilman Scott Councilman Fritzen Councilwoman Gaines Councilman McCarthy Mayor Koos Councilman Preston

The foregoing ordinance was approved by the President and Board of Trustees of the Town of Normal on the _____ day of ______, 2014.

The foregoing ordinance was published in pamphlet form on the ___ day of ______, 2014.

Calvary Baptist Church -- Food Pantry

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1: 1,913 Printed: 4/10/2014 9:36:07 AM

Zoning Board of Appeals

Case #: 14-04-06-SU Prepared by: Mercy Davison, Town Planner

Special Use Description: Amended Special Use Permit to permit the operation of a food pantry at 406 W. Summit, a church-owned residential structure located within the larger church campus at 1017 N. School Street (Calvary Baptist Church).

Staff Recommendation: Conditional approval

PROJECT INFORMATION

The Town of Normal approved the original Special Use Permit for Calvary Baptist Church at 1017 N. School in 1965 (Ord. No. 524). The special use has been amended many times, and the church property now includes 402, 404, and 406 W. Summit Street. (The church demolished the house at 404 W. Summit years ago. See attached aerial map.) Recent amendments include the following:

1. In 2000 the Town approved the construction of a 25,114 sq. ft. building addition between the church and the school building as well as the addition of parking spaces east of the playground and west of the parsonage (Ord. No. 4750). The building addition was constructed, but the parking lot was not. 2. In 2011 the Town approved the construction of a daycare and playground north of the houses on Summit. This approval also included the addition of a canopy to the west side of the school wing, a new driveway off Summit, new directional signs, and a new digital monument sign at the corner of Summit and School. The church has not yet moved forward with any of these projects, and there is no immediate plan to do so.

Current Proposal

An independent, nondenominational nonprofit proposes to operate a food pantry in the house at 406 W. Summit, which the church owns. The structure is currently unoccupied. As explained in the application materials, Ministry & More, Inc. proposes to operate the food pantry by appointment only. The 406 W. Summit operation would initially run from 10 a.m. until 1 p.m. one business day per week, although they have requested the ability to extend that to five work days as demand increases. Volunteers staff the operation from 8 a.m. until 3 p.m. on days in which the pantry is open. Clients may only access the pantry by appointment, with two clients scheduled every 15 minutes. This results in a total of 24 clients per day of operation.

Food would be delivered every Monday before 3 p.m. in a passenger van or ½ ton truck.

In order for this structure to be open to the public, it must be made accessible with a ramp. The illustrations are not consistent on the design of the ramp (the length and whether it would go straight east versus turning the corner of the house); however, the ramp will need to be fairly long to meet the ADA slope requirements. Landscaping would also be added as shown. A sign would be added in front of the house for directional purposes.

As shown on the landscaping plan, new plantings would be installed along the foundation of the house and near the ramp. One tree would be removed as part of this project; however, this tree is in marginal health and does not trigger the code-required tree replacement provisions.

Ministry & More, Inc. currently operates a food pantry in West Bloomington in a similar, appointment-only fashion, although at a larger scale.

A representative of the church will be available to answer questions during the public hearing.

ADJACENT ZONING AND SURROUNDING LAND USE

Zoning District Land Use Subject Property R-1A Single Family Residential Church Adjacent North R-1A Single Family Residential Residential S-2 Public Lands & Institutions Fairview Elementary School Adjacent West R-1A Single Family Residential Residential S-2 Public Lands & Institutions Fairview Elementary School Adjacent South R-1A Single Family Residential Residential Adjacent East R-3A Multiple-Family Residential Multiple-Family Residential

STAFF ANALYSIS

The Zoning Code sets forth standards for Special Uses in Sec. 15.10-5(a)(2). Pertinent standards include the following:

º Off-street parking and loading areas where required or provided, shall be located and designed in a manner which will maximize the items referred to in Paragraph (a) above (including maximizing pedestrian and automotive safety and convenience) and will minimize any adverse economic, noise, glare or odor effects of the special use on adjoining or nearby properties;

º Screening and buffering materials shall be sufficient to insure that the proposed special use will have no greater impact on surrounding land uses than other uses authorized as a matter of right;

º Signs, if any, and proposed exterior lighting shall be located and designed to maximize traffic safety and compatibility and harmony with adjoining or nearby properties and so as to minimize glare, noise and adverse economic impact on surrounding properties or authorized land uses;

º Required yards and open spaces shall be sufficient to insure that the proposed special use will have no greater impact on surrounding land uses than other uses authorized as a matter of right;

º The site on which the special use is located shall be designed to make the proposed use generally compatible with adjoining or nearby properties;

º The special use shall in all other respects conform to the applicable regulations of the district in which it is located and of the entire municipal code, including but not limited to Division 14, except as such regulations may in each instance be modified by the President and Town Council pursuant to the recommendations of the Zoning Board of Appeals or as allowed for a Planned Unit Development.

Special Use standards specific to churches are set forth in Sec. 15.10-4(F). These standards include building setbacks, height maximum, location adjacent to a major street and similar requirements.

The Special Use standards are intended to ensure that specific uses do not negatively impact surrounding properties. With a few minor conditions, Town staff believes the addition of a food pantry at Calvary Baptist Church meets these standards. Even if extended to five days a week, the food pantry operation will have only a moderate impact on the “busyness” of the church campus. The new traffic will be minor, and off- street parking will be provided.

The most significant visual impact will be the addition of the ramp. Due to the layout of the structure’s interior, it is not possible to add the ramp to the rear entrance. The addition of landscaping will improve the property’s appearance.

4. Staff Recommendation:

For the reasons set forth above, staff recommends that the Zoning Board of Appeals forward to the Town Council a positive recommendation on the Amended Special Use Permit request conditioned on the following:

Zoning Board Action

____ Approved

____ Conditionally Approved

____ Denied

To all Applicant(s) - Please note that no application for amended special use which has been denied wholly or in part by the Zoning Board shall be submitted for a period of one year from the date of said order of denial except on the grounds of error in the original proceedings or change of conditions found to be valid by the Zoning Board of Appeals (Sec. 15.10-5(C))

AYE NAY OTHER AYE NAY OTHER Randy Schaab Corrine Brand Janet Hood Tony Penn Gary Blakney Todd Anderson Keith Palmgren

______Chairman / Date

TOWN COUNCIL ACTION REPORT

May 1, 2014

Ordinance Adding Division 12 of Chapter 17, Town of Normal Municipal Code – Administrative Adjudication and Approval of an FY2014-15 General Fund Budget Amendment

PREPARED BY: Wayne Karplus, Deputy Corporation Counsel

REVIEWED BY: Steven D. Mahrt, Corporation Counsel Mark R. Peterson, City Manager

BUDGET IMPACT: The estimated cost of this new program is $18,000 per year. As this cost was not included in the FY14-15 Operating Budget, an $18,000 General Fund Budget amendment will be required.

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Proposed Ordinance

BACKGROUND

I. What is Administrative Adjudication?

Administrative Adjudication is an alternative to court for the determination of whether a Town ordinance has been violated, and the penalty to be imposed for such violation. Administrative Adjudication can also be used to determine debts due the Town and other matters. Currently the Town uses Administrative Adjudication for appeals of police vehicle impoundments.

In an administrative adjudication procedure, the Town employs a hearing officer to determine whether a Town ordinance has been violated, and, if so, what the appropriate penalty should be for that violation (within limits set by ordinance.) In these respects, the hearing is just like court. However, the hearing held by the Hearing Officer is much more informal than a judicial proceeding with the biggest difference being that hearsay is permitted. Importantly, the burden of proof is the same in both venues- the Town must prove the violation by a preponderance of the evidence. Any penalty imposed by the Hearing Officer can be collected in the same manner as an ordinance violation penalty in court.

II. What has occurred that causes Town staff to seek authority for administrative adjudication now?

Several recent developments have caused Town staff to request authority for administrative adjudication at this time.

1. Impoundments and an ethics opinion. A state bar association ethics opinion declared that it is unethical for a prosecutor to hear impoundment cases. The underlying theory supporting this opinion was endorsed unofficially by an attorney with the state attorney disciplinary commission. Town Legal Department staff had previously handled these hearings in house. Because of this opinion the Town TOWN COUNCIL ACTION REPORT must utilize an outside hearing officer now. (The impoundment statute requires that the hearing officer be an attorney with at least four years’ experience.)

2. Comptroller collections. The state comptroller has a program which would allow the Town to intercept state tax refunds from people owing the Town money. (Mostly parking tickets, but could be other debts and fees as well.) A requirement for the program is a due process system for appealing the debt. The comptroller accepts administrative adjudications that follow state statute in this regard.

3. Limited court time. Beginning this past January the local court system restructured its allocation of court time for ordinance violation prosecution. The Town may only place cases on the court calendar every other week whereas last year court was held every week. This has placed a strain on the ability to adjudicate all matters that were set in court. This may become a bigger problem in the fall when more ordinance violation citations are issued. By removing some of these ordinance violations to an administrative adjudication system, crowded court dockets are eased.

III. Experience of Other Communities

In preparing the proposed ordinance, the Legal Department contacted a number of other communities which currently have administrative adjudication in place. These communities included Springfield, Decatur, Peoria, Moline and Danville. The Legal Department reviewed ordinances from these and other jurisdictions, as well as the state statute in preparing the proposed ordinance. Each of the jurisdictions contacted spoke favorably of using the administrative adjudication process.

DISCUSSION/ANALYSIS

A. Advantages of Administrative proceedings.

There are many advantages to administrative procedures.

1. Speed.

Typically, administrative hearing dates are set within three weeks from the date the officer sees the violation and issues the citation. Continuances are not favored. Hearings are held weekly.

2. Control

The city hires the hearing officer. The hearing officer can learn the Town ordinances applicable to the case in front of him/her. No time is wasted “teaching” the new hearing officer about the local ordinance. Also if the city does not like the hearing officer’s decisions, the hearing officer may be terminated. This practice has been upheld as Constitutional.

3. Ease of administrative proceedings.

Complaints and notices of hearing need only meet Constitutional due process standards. While the Town must make sure that persons get a reasonable notice of the hearing, the Town does not need to hire a process server in most instances. Formal pleading rules are also not mandated. There is less chance that the Town will be caught by a “technicality.” At any hearing, reliable hearsay is permitted allowing for more efficient hearings.

4. Defenses modified.

TOWN COUNCIL ACTION REPORT

Defenses common to code enforcement matters may be limited or eliminated by ordinance. As a Home Rule unit the Town may alter defenses provided in the Illinois Municipal Code for Administrative Adjudication. The proposed ordinance alters these statutory defenses and other common defenses in order place the responsibility of code compliance on the property owner and increase code compliance.

B. Disadvantages of Administrative Adjudication

1. Perceived unfairness on the part of citizens

A person charged with an ordinance violation or who may allegedly owe the Town money, may believe that he is being “judged” by a person employed by the Town and that he is not getting a fair trial.

2. More dependence on code enforcement officers.

With proceedings going straight to hearing, code enforcement officers will need to have all of their evidence ready to proceed right away. There is no delay as things wind through the court system.

3. Cost

The Town will have to pay the hearing officer who (at least for impoundments) must be an attorney with four years’ experience. The Town will also have to find a room to hold the hearings, obtain recording instruments and other matters related to the hearing, and may need to employ administrative staff to support the adjudication system.

4. Inability to enforce an order without court action.

Once the hearing decision has been reached, the court’s power may need to be utilized to force a recalcitrant litigant to comply.

C. What sorts of cases will be heard?

The Town has many options for utilizing a hearing officer system. The proposed ordinance is drafted very broadly so that the City Manager may place matters into the administrative adjudication process as best suits the Town. The only matters which currently must be placed into the system are vehicle impoundment hearings. Depending on the success of the program, the following types of cases may be assigned to administrative adjudication by the City Manager:

1. parking ticket appeals,

2. property code violations,

3. unpaid taxes,

4. unpaid license fees,

5. police issued ordinance violations, and

6. other matters.

As different cases to are added to the administrative adjudication docket, additional ordinance amendments may be required.

D. Cost. TOWN COUNCIL ACTION REPORT

Staff estimates the cost of the administrative adjudication process to be about $18,000 per year. It reaches this estimate by multiplying the hearing officer cost times ten anticipated hours per month. The actual cost may vary depending on the length and number of hearings held. We are aware that some communities charge a modest hearing fee that offsets some of the costs associated with the program. The proposed ordinance does not include a fee, however, it could be added at a later time.

E. Home-rule modifications

Illinois statutes provide for administrative adjudication of many issues. The proposed ordinance follows the general Illinois statute for administrative adjudication by home rule units. 65 ILCS 5/1- 2.1-1. There are a few home rule changes that Staff is recommending. These changes are in the “Defenses” section of the code. State statute provides that for Building Code violations it is a defense that the violation has been fixed, that it was caused by tenants or that tenants refused the landlord entry to fix the problem. 65 ILCS 5/11-31.1-9.

Town staff is recommending that these defenses be modified and other defenses also be addressed. The modifications are as follows (see section 17.12-5 (E) in proposed ordinance):

1. Fines may be applied for a matter remedied before hearing if it is the second or subsequent complaint in a one year period. Experience has shown that many property owners will wait until they receive a complaint before mowing or picking up trash. If this is built as a defense into the system, more property owners will wait until the hearing date to comply with these matters. Town staff still intends to provide warnings for first time violations, but would like to be able to insist on payment of fines by repeat violators.

2. Tenant-caused problems. Many landlords will point the finger at tenants and shrug their shoulder when the problems do not get fixed. Staff is proposing a modification that allows a limited defense for tenant caused problems. The violation must be inside the structure, in an area exclusively controlled by the tenant, and the tenant must have denied the landlord access to the area. No defenses are available for violations in common areas, or violations outside of a structure.

3. Ownership issues. Staff is also recommending that a record owner not be allowed to assert a defense that another person owns the property due to an unrecorded document. The Town needs to be able to rely on recorded instruments for ownership purposes.

4. Knowledge and causation. Staff believes that owners are responsible for the condition of their property. Knowledge of a problem, the cause of a problem, or whether a problem pre-existed a person’s ownership should not be defense to actions brought primarily to obtain compliance with Town Code. Those issues may be appropriate in determining an appropriate sanction, but not whether a property owner is responsible for the maintenance of his/her property.

F. Joining with other municipalities

The City of Bloomington and the Village of Heyworth have expressed interest in joining the Town of Normal in Administrative Adjudication. Staff believes that a combined administrative adjudication tribunal could benefit many McLean County communities. Should this ordinance be approved, and those communities have had a chance to view the program, Staff may return to Council with intergovernmental agreements for a combined system. This should provide efficiency for all the participating communities including Normal.

Staff recommendation: Approval of the proposed ordinance.

ORDINANCE NO. ______

AN ORDINANCE ADDING DIVISION 12 OF CHAPTER 17, TOWN OF NORMAL MUNICIPAL CODE- ADMINISTRATIVE ADJUDICATION

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 utilized an administrative adjudication procedure for impoundment hearings; and

WHEREAS, the Town of Normal may wish to provide for administrative adjudication of other matters; and

WHEREAS, it is appropriate for the procedures and standards for administrative adjudication be set forth by ordinance; and

WHEREAS, it is in the best interests of the welfare of the citizens that the Town of Normal set forth procedure for the hearing of matters to be determined by administrative adjudication.

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

SECTION ONE: That Chapter 17 of the Municipal Code Town of Normal, Illinois, 1969, as amended, be and the same is hereby further amended by adding a new Division 12 to read as follows:

As per attached Exhibit A.

SECTION TWO: That the Municipal Code, Town of Normal, Illinois, 1969, as previously amended and as amended herein shall remain in full force and effect.

SECTION THREE: That the Town Clerk 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)

AYE NAY OTHER AYE NAY OTHER Councilwoman Reece Councilman Scott Councilman Preston Councilwoman Gaines Councilman Fritzen Mayor Koos Councilman McCarthy

The foregoing ordinance was approved by the President and Board of Trustees of the Town of Normal on the _____ day of ______, 2014.

The foregoing ordinance was published in pamphlet form on the ___ day of ______, 2014.

DIVISION 12 ADMINISTRATIVE ADJUDICATION

17.12-1 Establishment. There is hereby established an Administrative Hearing System, the function of which is to expedite the prosecution and correction of violations of various provisions of the municipal code, to adjudicate disputes between the Town and its citizens, to determine the validity of parking citations and other debts owed to the Town and to make a final determination on other matters as called for by Town ordinance or as designated by the City Manager. Authority for the establishment of the Administrative Hearing System is pursuant to Home Rule powers, Art. 7 Sec. 6 of the Illinois Constitution and the Illinois Municipal Code, 65 ILCS 5/1-2.1-1, et seq. and other authority as provided by law. The City Manager shall have authority to hire hearing officers and other personnel to fulfill the purpose of the Administrative Hearing System. Hearing Officers shall have completed training and have requisite experience as required by Illinois law.

17.12-2 Jurisdiction. An administrative adjudication proceeding under this Division may be initiated for any alleged municipal code violation and for impoundment hearings as authorized by Section 17, Division 10 of the Municipal Code of the Town of Normal. Additionally, the Town of Normal may utilize the Administrative Hearing System for adjudication of parking citations, post-tow hearings, vicious dog declarations, taxes and fees due the Town of Normal and other matters as delegated from time to time by the City Manager.

The following actions shall be outside the jurisdiction of Administrative Adjudication:

1. Proceedings not within the statutory or Home Rule Authority of the Town;

2. Any offense under the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.) or a similar offense that is a traffic regulation governing the movement of vehicles; and

3. Any reportable offense under Section 6-204 of the Illinois Vehicle Code.

The adoption of this chapter and establishment of an Administrative Hearing System does not preclude the Town from using other lawful methods to enforce the provisions of the municipal code, collect amounts due the Town or otherwise act on behalf of the Town, including but not limited to seeking relief in McLean County Circuit Court or any other court with jurisdiction over the subject matter or parties.

17.12-3 Commencement of an Action.

A. Ordinance violations shall be commenced by the issuance of a complaint by an authorized town officer or employee. The original complaint shall be filed with the Administrative Hearing Office and a docket number shall be assigned to the case. The Complaint shall contain the following information:

(1) The name and last known address of the respondent;

(2) The date and location at which the alleged violation occurred;

(3) A statement indicating the type and nature of the violation;

(4) The chapter and section of the municipal code alleged to have been violated, including adopted national and international codes;

(5) The signature and identification number of the city official issuing the complaint;

(6) A certification of the accuracy of all information contained within the complaint;

(7) The fine, penalty, or corrective order being sought;

(8) A statement of the penalty and order to be imposed for a failure to appear at the administrative adjudication hearing; and

(9) The date, time and location of the Administrative Hearing at which the alleged violation shall be administratively adjudicated with notice directing the Respondent to appear and failure to appear may result in a default judgment.

B. Vehicle Impoundment Hearings shall be commenced by the issuance of an Impounded Vehicle Notice as provided in Division 10 of this Chapter. A copy of the Impounded Vehicle Notice shall be filed with the Administrative Hearing Office and a docket number shall be assigned to the case.

C. Administrative Adjudication of other code matters assigned to the jurisdiction of the Administrative Adjudication System by the City Manager shall be commenced by the appropriate notice or appeal as provided in the ordinance concerning the subject matter of the case.

17.2-4 Powers of Administrative Hearing Officers. The powers and duties of Administrative Hearing Officers shall be as provided by law and include but not be limited to the following:

A. hearing testimony and accepting evidence that is relevant to the existence of the code violation or subject matter of the hearing;

B. issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;

C. preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;

D. issuing a determination, based on the evidence presented at the hearing, of whether a code violation exists or a determination of the contested matter. The determination shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the Respondent must comply;

E. imposing penalties consistent with applicable Code provisions, and assessing costs upon finding a party liable for the charged violation, except that in no event shall the Hearing Officer have authority to (1) impose a penalty of incarceration, or (2) impose a fine in excess of $50,000. The maximum monetary fine shall be exclusive of costs of enforcement or costs imposed to secure compliance with the applicable ordinances and such maximum fine shall not be applicable to cases to enforce the collection of any tax or license fee imposed and collected by the Town.

17.12-5 Administrative Adjudication Hearing Procedures. The administrative adjudication of matters filed with the Administrative Adjudication Office shall comply with the following procedures:

(A) Notice. Respondents shall be given notice of the adjudicatory hearing in a manner reasonably calculated to give the Respondent actual notice of the matter no less than15 days before the date of hearing. Notice may include any of the following methods as appropriate: (1) Personal service upon the respondent or its employees or agents; (2) Service by first class mail at the respondent's last known address, or the address listed in the Normal Tax Assessor’s office; or (3) Notice that is posted upon the property where the alleged violation occurred when service by mail or certified mail has been unsuccessful; or (4) Certified or registered mail; or (5) By mail to the registered management company; or (6) Such other method as is reasonably calculated to provide the respondent with actual notice of the administrative hearing proceedings, or (7) Notice as mandated pursuant to the ordinance or state statute concerning the subject matter of the case

The parties may waive notice and consent to jurisdiction of the Administrative Hearing Officer.

It shall not constitute a defense or grounds for setting aside a default judgment that a person has not received actual notice of the complaint if it is shown that a reasonable means, comporting with the principles of due process, was used to provide the Respondent with Notice of the Hearing.

(B) Sufficiency of pleadings. (1) All pleadings shall be liberally construed with the view to doing substantial justice between parties. A signed pleading initiating a case shall constitute prima facie evidence of the violation charged, and the truthfulness of the matters contained therein A signed appeal initiating a case shall place the matter in controversy and authorize the admission of relevant evidence in order to determine the merits of the contested matter.

(2) If any pleading is insufficient in substance or form, the hearing officer may order a fuller or more particular statement. (3) No pleading is bad in substance which contains such information as reasonably informs the respondent of the nature of the claim which he is called upon to meet. (4) All defects in pleadings, either in form or substance, not objected to prior to the hearing are waived.

(C) Conduct of administrative adjudication hearings. (1) At any hearing conducted pursuant to this Division, the respondent may be represented by counsel, present witnesses or other evidence on his or her own behalf, and cross- examine opposing witnesses. (2) Any party to a hearing conducted pursuant to this Division may request the hearing officer to issue subpoenas directing the attendance and testimony of relevant witnesses and the production of relevant documents. (3) All continued or adjourned hearings shall be scheduled with reasonable promptness commensurate with the nature and status of the proceeding. (4) The formal and technical rules of evidence do not apply in any hearing under this chapter. Evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. (5) No continuances shall be authorized by the hearing officer except in cases where a continuance is in the best interest of justice. (6) All administrative adjudication hearings conducted pursuant to this Division shall be recorded. (7) The burden of proof in all matters adjudicated pursuant to this Division shall be a preponderance of the evidence. (8) Any officer or employee of the Town with duties related to the subject matter of the case in controversy, including but not limited to Inspectors, Police Officers, Fire Inspectors, Parking Enforcement Officers, and attorneys may present a case for the Town. (9) All testimony shall be given under oath or affirmation. (10) No Hearing Officer of the Administrative Hearing System may rule on the constitutionality of any Town of Normal Ordinance. If a person wishes to challenge the constitutionality of a Town Ordinance, the Hearing Officer shall allow the person to make a record and shall notify the Town Legal Department of such challenge. The Town shall be granted an opportunity, with notice to the Respondent, to supplement the record in opposition to the Constitutional challenge.

(D) Failure to appear. If, on the date set for hearing, the respondent or his or her attorney fails to appear, the hearing officer may find the respondent in default and may proceed with the hearing and accept evidence relevant to the existence of a city code violation and impose any order or fine that the Hearing Officer may have been able to impose had the Respondent appeared.

(E) Defenses in Property Code Enforcement Matters.

(1) It shall be a defense by a property owner or manager to a complaint alleging a violation in the condition of property that the violation has been corrected, but only if the complaint is the only complaint against the respondent or concerning the property, in the past 12 months.

(2) It shall be a defense by a property owner or manager to a complaint alleging a violation in the condition of property if the property owner or manager proves all of the following:

a. The violation was caused by someone other than the owner or manager; and b. The location of the violation is inside the structure and in an area exclusively controlled by the tenant; and c. The owner has demanded access to the property to correct the violation within 24 hours of receiving notice of the violation; and d. The tenants have denied the owner access to correct the violation; and

(3) It shall not be a defense by the record title holder of property to a complaint alleging a violation in the condition of property that the property has previously or subsequently been transferred to another.

(4) It shall not be a defense by a property owner to a complaint alleging a violation in the condition of property that the condition existed prior to the person obtaining ownership of the property.

(5) It shall not be a defense by a property owner to a complaint alleging a violation in the condition of property that the owner did not know of the violation.

(6) It shall not be a defense by a property owner to a complaint alleging a violation in the condition of property that the condition was caused by a co-owner.

(F) Mitigating Factors in Imposing Sanctions.

A Hearing Officer may consider the following factors as mitigating factors in imposing sanctions:

(1) The condition of the property that caused the violation has been corrected, and the speed in which the condition was corrected.

(2) The condition of the property that caused the violation was created by others, beyond the reasonable control of the respondent.

(3) Any other fact which indicates that the respondent acted swiftly and promptly to correct a violation.

(G) Findings, Decisions and Orders.

(1) At the conclusion of an administrative adjudication hearing the hearing officer shall make a determination whether a municipal code violation occurred or otherwise decide the matter in controversy. The determination shall be in writing and shall include the hearing officer's findings of fact, a decision on the merits of the case, and if applicable an order imposing a fine for a violation or an order implementing the decision, and assessing costs. The decision may also order the respondent to correct any continuing violation. In the event a violation is not proved, the hearing officer shall dismiss the case. If a municipal code violation is proved, the order shall impose the sanctions and costs that are provided in the municipal code for the violation proved. (2) A copy of the findings, decision and order shall be sent to the respondent within five days after it is issued if not served directly at the adjudicatory hearing. (3) Any fine, costs or other monetary penalty imposed against a respondent shall be paid to the Town of Normal. (4) In the event that the findings, decision and order of the hearing officer directs the respondent to correct the violation, the hearing officer may also establish a status hearing date to determine compliance with the corrective order. At such time, the hearing officer may hear testimony and accept evidence relevant to the corrective actions of the respondent. If the hearing officer determines that the municipal code violation has not been corrected as directed, additional sanctions may be imposed as provided by the municipal code. (5) Upon a failure to appear by the Respondent, the hearing officer, upon finding proof of proper notice, may enter a default order finding a violation or making a determination as otherwise authorized by this section.

(I) Post- decision matters.

(1) Petitions to Set Aside Default Orders. A party may petition to set aside a decision and order of the hearing officer issued because the party failed to appear by filing in writing with the Administrative Hearing Office, within 21 days of the decision and order, a Petition to Set Aside Default Order. The Petition may only be granted for good cause shown, or if the Petitioner establishes lack of proper notice.

(2) No Petitions for Rehearing. No Petitions for Rehearing shall be permitted.

17.12-6 Judicial Review. Final Decisions and Orders of the Administrative Hearing Officer shall constitute a Final Decision for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Act (735 ILCS 5/3-101 et seq.

17.12-7 Record on Appeal. Any party appealing a decision of the Administrative Hearing System must pay the Town of Normal the cost of preparing and certifying the record of proceedings, including a transcript of the same. Failure to pay for the cost of preparing the record shall permit the Town of Normal to move to dismiss the appeal pursuant to the Illinois Administrative Review Law, and in the case

6 of an administrative decision which requires the payment of money, the Town may move to have a judgment against the appealing party in favor of the Town for the amount shown by the administrative decision to be due and for costs.

17.12-8 Enforcement of Judgment. After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought the findings, decision and order of the hearing officer may be enforced in any manner allowed by law including but not limited to the following:

(a) Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law [735 ILCS 5/3-101 et seq.] are a debt due and owing the municipality and may be collected in accordance with applicable law.

(b) After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

(c) In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a municipality to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law. Prior to any expenses being fixed by a hearing officer pursuant to this subsection (c), the municipality shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than 7 days from the date that notice is served. If notice is served by mail, the 7-day period shall begin to run on the date that the notice was deposited in the mail.

(d) Upon being recorded in the manner required by Article XII of the Code of Civil Procedure [735 ILCS 5/12-101 et seq.] or by the Uniform Commercial Code [810 ILCS 5/1-101 et seq.], a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the municipality under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.

17.12-9 Eviction -- Rights of the occupants. No action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding shall be threatened or instituted

7 against an occupant of a dwelling solely because such occupant files a complaint with the Town of Normal or agrees to testify or testifies at a code violation hearing.

New Business

TOWN COUNCIL ACTION REPORT

May 1, 2014

Presentation by the Executive Director of the Central Illinois Regional Broadband Network (CIRBN)

PREPARED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: N/A

STAFF RECOMMENDATION: That the presentation be received. No Council action is required.

BACKGROUND

The Central Illinois Regional Broadband Network has been operational now for several months. The system currently operates under a Limited Liability Corporation (LLC) of which the Town of Normal is a partner. The other three partners in the LLC include Illinois State University, Heartland Community College, and the City of Bloomington. Each of the partner agencies have a representative that serves on the LLC Board of Directors. I am the representative for the Town of Normal.

In January, the CIRBN Board of Directors hired Mr. Mark DeKeersgieter to serve as the Executive Director of CIRBN. Mark has been very busy during his short tenure with CIRBN working on a myriad of operating details. Fortunately, the system has been functioning very well and the customer base is continuing to grow.

The Council may also recall that the Town entered into an agreement with the CIRBN Board of Directors whereby all the employees of CIRBN (currently four) are actually employed by the Town of Normal. CIRBN reimburses the Town for all costs associated with that employment including salaries and fringe benefits. So, in addition to Mr. DeKeersgieter serving as the Executive Director of CIRBN, he is also technically a Town of Normal employee. However, Mr. DeKeersgieter serves at the pleasure and direction of the CIRBN Board of Directors.

Mr. DeKeersgieter has been making presentations to several groups throughout Central Illinois attempting to educate the community about CIRBN. We felt it might be informative and interesting for the Council to hear this presentation so members of the Council can be better informed about CIRBN and can share this information with others in the community. Consequently, Mr. DeKeersgieter will be here to make a brief presentation on CIRBN and, following his remarks, will be happy to answer any questions that members of the Council may have.

Addendum

TOWN OF NORMAL ZONING BOARD OF APPEALS REGULAR MEETING THURSDAY, APRIL 17, 2014, 5:00 P.M. COUNCIL CHAMBERS, UPTOWN STATION 11 UPTOWN CIRCLE, NORMAL, IL

Members Physically Present:

Mr. Anderson, Mr. Palmgren, Ms. Brand, Ms. Hood, and Mr. Penn

Members Absent:

Mr. Blakney and Mr. Schaab

Others Present:

Corporation Counsel, Steve Mahrt, Director of Inspections, Greg Troemel, Town Planner, Mercy Davison, and Office Associate, Sheila Elgin

Call to Order:

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

Approval of Minutes:

Mr. Palmgren moved, seconded by Ms. Hood, to approve the minutes of the March 20, 2014, meeting. Motion to approve carried 5-0.

Public Hearings:

a. 14-04-05-V: Side Yard Setback Variance, 1608 Baumgart

Ms. Davison reviewed the staff report. She said that the property currently has an attached, 2-car garage. The owner wishes to add a 3rd stall which would leave a 6’ side yard setback. The addition would go as far back as the house setback in the rear yard.

Mr. Dennis Mills, 1615 Barton Dr., Normal, IL, was sworn in by Chairman Anderson. Mr. Mills said that he lived behind the subject property and that he objected to the addition. He said that when one variation of this type is allowed then there will be others.

Mr. Rich Fritz, 1613 Barton, Normal, IL, was sworn in by Chairman Anderson. Mr. Fritz said that he lives directly behind the subject property. He said that he believes that the addition will be tastefully done and will add to the value of the home and ZONING BOARD OF APPEALS MINUTES 2 APRIL 17, 2014

other homes in the area. He has seen other projects that the Sampson’s have done and they are done well.

Mr. Darren Sampson, 1608 Baumgart, Normal, IL, was sworn in by Chairman Anderson. Mr. Sampson said that they wanted to add a 3rd garage stall with extra room for storage. He has spoken to the neighbors to the east and they have no objections. Mr. Sampson said that he appreciated the Board’s consideration.

Mr. Penn asked if the current garage was 20’ wide. Mr. Sampson said that it was 19’ and they want to add an addition of 12’ wide by 39’ deep. Mr. Penn asked if he could make it 10’ wide. Mr. Sampson said that it was recommended that with a 9’ door, they have 2’ on both sides to allow for opening of car doors. He has reduced this to 18” on each side. He said that his son is getting his license and there are a lot of vehicles on the street. This will be one less vehicle on the street or in the driveway. They will also have storage for mowers and other lawn equipment. The covenants do not allow sheds.

Ms. Hood asked if he had mowers, an open trailer and other items, was he renting storage space. Mr. Penn said that the length is not in question. Ms. Davison said that was correct. Mr. Sampson said that there are utilities located in the back yard and they don’t want to have to move them.

Chairman Anderson asked if there would be landscaping to minimize the impact. Mr. Sampson said that they will be landscaping their back yard and along the east side of the addition.

Ms. Hood asked how long they had lived in the house. Mr. Sampson replied 18 months. In that time they have remodeled the kitchen and added a new deck.

There was no one else to speak regarding the application and the public hearing was closed.

Chairman Anderson asked if there had been any other comments from neighbors. Ms. Davison said that she had not heard from anyone.

Mr. Sampson submitted a petition with neighbors’ signatures in favor of the addition.

Chairman Anderson said that he appreciated the time that the applicant took to look at what is appropriate, talk to the neighbors, reduce the width and include landscaping.

Ms. Brand asked if Mr. Sampson’s intent was to store the utility trailer in the garage or on the pad between the house and addition. Mr. Sampson said that there was not a requirement for covered storage for the trailer, but it will be stored in the garage during the winter. He uses it in the summer months. ZONING BOARD OF APPEALS MINUTES 3 APRIL 17, 2014

Mr. Palmgren moved, seconded by Ms. Brand, to approve the variation with the condition that landscaping be provided on the east side.

Ayes: Mr. Palmgren, Ms. Brand and Mr. Anderson Nays: Ms. Hood and Mr. Penn Motion declared carried.

b. 14-04-06-SU: Amended Special Use Permit, 406 W. Summit (part of the Calvary Baptist Church campus at 1017 N School St.)

Ms. Davison reviewed the staff report. She said that the most recent amendment to the Special Use Permit in 2011 was approval of a daycare which has not been done. They are now requesting to open a food pantry in the house located at 406 W. Summit. Pick-up is by appointment only during the hours of 10:00 a.m. to 1:00 p.m. They will put in 4 parking spaces. Initially they plan to only be open one day per week, but they are requesting five days per week for increased demand. A handicap ramp will be added to the front. One tree will need to be removed, but it is in poor condition. A driveway would be added off of Summit St. to allow access to the parking lot. Volunteers would park in the existing driveway. Food would be delivered by a pick-up truck. There will be no semis. They will add landscaping and a sign. Staff recommends using the ramp plan that turns the corner rather than the straight plan. Staff supports the amendment with conditions listed in the staff report.

Mr. Josh Wredberg, Sr. Pastor, Calvary Baptist Church, 304 W. Summit St., Normal, IL, was sworn in by Chairman Anderson. Pastor Wredberg said that their desire is to be helpful to their neighbors. They have a lot of people that come to the church for help throughout the week. They have a long partnership with Ministry & More and have supported them during the 10 years that they have been in operation. They are impressed with their model for the food pantry. It is not lines of people waiting for food or people congregating. It is by appointment only. With only being open one day per week they have the potential of helping 96 families per month. There is a great need in this part of the city. They feel that it can be done during the week, mid- day so as to have minimal impact.

Mr. Palmgren asked about being open only one day per week when they were asking for five days. Pastor Wredberg said that they wanted the ability to add days if necessary. They have three days at the Bloomington location. They want the possibility to grow.

Ms. Hood asked about parking for the volunteers. Pastor Wredberg said that there are no deliveries while the volunteers are there. They could also use the church parking lot. Ms. Hood expressed safety concerns. Pastor Wredberg said that some of the volunteers are older and there would be some concern on how far they would have to walk. Ms. Hood asked where they were planning on unloading the food. Pastor ZONING BOARD OF APPEALS MINUTES 4 APRIL 17, 2014

Wredberg said that the packages would probably be unloaded in the rear. The food will be bagged before it is delivered.

Chairman Anderson asked about the parking pad. Ms. Davison showed the plan to him. Ms. Hood asked if there would be a handicapped space. Mr. Troemel said that there would have to be one.

Chairman Anderson asked if there had been a number of people identified. Pastor Wredberg said no. They do have people come to the church for help and this would be immediate help and could also be a resource for other churches. Chairman Anderson asked if there was a plan for growth. Pastor Wredberg said that they would not encourage making this location bigger but create another location.

Ms. Davison said that staff would make clear what is approved and, the applicant would have to come back for changes. Mr. Mahrt said that they would have to identify conditions.

Ms. Brand asked how Ministry & More handled people just showing up. Pastor Wredberg said that it would be rare because there would be a “by appointment only” sign.

Mr. Penn asked if deliveries would increase to more days. Pastor Wredberg said that deliveries would only be one day per week and the food would be bagged when it arrived.

Ms. Hood asked about security. Pastor Wredberg said that they have not discussed security, but they could add some lighting and will lock up. He said that the food is collected from multiple churches. Chairman Anderson asked if they had looked at other locations within the church. Pastor Wredberg said that some people will not go to a church.

Ms. Hood asked if there was a bus stop close by. Ms. Davison said yes. Ms Hood asked if there was a shelter at the bus stop. Ms. Davison said no.

Mr. Chad Kletz, 408 W. Summit, Normal, IL, was sworn in by Chairman Anderson. Mr. Kletz said that he lived next door. He said that he was opposed to the food pantry. He does not want all the people in the area. He said that this is like a business in a residential neighborhood. He said that no one currently takes care of the property. He asked that a fence be placed between the driveways if the application is approved. He presented pictures for the Board to show the proximity of the driveways. He stated that he had not known that the hours were by appointment only. He expressed concern for the safety of the children walking to and from school.

ZONING BOARD OF APPEALS MINUTES 5 APRIL 17, 2014

Ms. Pearl Bugge, 407 W. Summit, Normal, IL, was sworn in by Chairman Anderson. Ms. Bugge expressed concern of adding a commercial use in a residential area. She said that there are other food banks in town and did not see a need for this one.

Ms. Mary Caisley, 401 W. Summit, Normal, IL, was sworn in by Chairman Anderson. Ms. Caisley said that she was not opposed to food banks, but they should not be in a residential district. She expressed concern with people walking there. She suggested that access be from the church parking lot and not from Summit St.

Ms. Carol Kletz, R. R. #4, Bloomington, IL, was sworn in by Chairman Anderson. Ms. Kletz said that her son, who lives at 408 W. Summit, bought the property from her father. She said that her son takes care of his property. She expressed concern regarding security and property values.

Mr. William Caisley, 401 W. Summit, Normal, IL, was sworn in by Chairman Anderson. Mr. Caisley said that the church property is the subject of 13 special use and variances. He said that he supports using the church building or looking at another location.

There was no one else to speak regarding the application and the public hearing was closed.

Mr. Penn asked if the property was zoned R1-A, could the house only be used as single-family currently. Ms. Davison said yes, about half of the churches in town are in R1 zoning districts.

Chairman Anderson said that he was familiar with the area. He said that the cause is good, but the location is not the best. He expressed concern with safety, the fact that it is a heavy pedestrian neighborhood and the increased speed limit.

Ms. Hood asked why the house would be used instead of the church. Pastor Wredberg said that they are working with a separate entity and this would give them anonymity. They also feel it is best not to use the church because of the school, so this is the only option.

Mr. Penn moved, seconded by Ms. Brand, to recommend approval of the Special Use Permit with conditions listed in the staff report and times of operation by limited to 10:00 a.m. to 1:00 p.m., distribution by appointment only and operation limited to one day per week, Monday through Friday.

Ayes: None Nays: Ms. Hood, Mr. Palmgren, Ms. Brand, Mr. Penn and Mr. Anderson Motion denied.

ZONING BOARD OF APPEALS MINUTES 6 APRIL 17, 2014

Other Business:

None

Adjournment:

There being no further business, Ms. Hood moved, seconded by Mr. Palmgren, to adjourn the meeting at 6:10 p.m. Motion carried 5-0.

Respectfully submitted,

Sheila Elgin Office Associate