Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05022022 City Council Packet revised
55 W. TOMPKINS STREET GALESBURG, IL 61401 WWW.CI.GALESBURG.IL.US City Council Agenda May 2, 2022 City Council Meeting Agenda City of Galesburg, Illinois City Council Chambers May 2, 2022 Galesburg City Council meetings are streamed live on the City’s website and Comcast channel 7. 5:00 p.m. Reception Farewell Reception for City Manager Todd Thompson 5:30 p.m. Proclamation Letter Carriers' Stamp Out Hunger Food Drive Day Proclamation Poppy Days Presentation Community Blue Ribbon Award Roll Call Pledge of Allegiance Invocation Approve Minutes from April 18, 2022 Consent Agenda #2022-09 22-3016 Bid Miscellaneous Sidewalk Paths 22-5003 22-5004 22-5005 Receive Receive Receive Annual Fire and Police Commission Report 2021 Annual Fire Pension Report 2021 Annual Police Pension Report 22-6001 Approve Appointment Memo 22-8008 Bills and Advance Checks Approval and warrants drawn in payment of same Passage of Ordinances and Resolutions 22-1011 Ordinance Establishment of a Class C-3 Liquor License (Final Reading) 22-1013 Special Ordinance Authorizing the purchase of Churchill Junior High School (Final Reading) 22-1014 Ordinance Amendments to Chapter 94 Nuisances (Final Reading) 22-1015 Ordinance Ordinance approving amendment to the TIF Redevelopment Plan and Project Redevelopment Area No. 4 (First Reading) 22-1016 Ordinance Addition of a Class A Liquor License (First Reading) 22-2024 Resolution Transfer from TIF 2 to TIF 4 for Professional Services related to the demolition of 140-144 E Main Street 22-2025 Resolution Transfer from TIF 2 to TIF 4 for Professional Services related to the demolition of 236-238-240 S Seminary Street Bids, Petitions and Communications 22-3017 Bid West Street Reconstruction 22-3018 Bid Refurbishment of Ladder Truck 51 by Alexis Fire Equipment Public Comment City Manager’s Report Miscellaneous Business (Agreements, Approvals, Etc.) 22-4044 Approve Woman owned Business Startup Assistance Grant for Psychotherapy and Social Work Consulting Service, PLLC 22-4045 Approve Amendment to the Maintenance Contract with the Downtown Council 22-4046 Approve Professional Services Agreement with Klingner & Associates, P.C. for the demolition of 140-144 E Main Street 22-4047 Approve Professional Services Agreement with Klingner & Associates, P.C. for the demolition of 236-238-240 S Seminary Street 22-4048 Approve Architectural and engineering services agreement for Hawthorne Pool exterior and structural Repair 22-4049 Approve Agreement with Farnsworth for Community Center Master Planning 22-4050 Approve Five year plan to plant 350 trees Town Business 22-9010 Bills Closing Comments Executive Session Executive Session Convene into closed door Executive Session for the purpose of discussing: A. Property Acquisition, 5 ILCS 120/2 (c)(5) B. Sale of Property, 5 ILCS 120/2 (c)(6) C. Approval of April 26, 2022, executive session minutes, 5 ILCS 120/2 (c) (21) Adjournment CITY MANAGER’S OFFICE Operating Under Council – Manager Government Since 1957 ___________________________________________________________________________________________________________________________________________________________________________________________ Page 1 of 5 CITY COUNCIL MEETING City Manager’s Report May 2, 2022 CONSENT AGENDA #2022-09 Item 22-3016 Miscellaneous Sidewalk Paths Staff recommends approval of the bid in the amount of $20,668.00 from Miller & Son Construction Co. for sidewalk paths at Bateman Park, O.N. Custer Park, and Debbie Klapp Park. The new sidewalk paths will connect the existing street adjacent to the park to the playgrounds at the park. The paths are being constructed to comply with ADA standards for accessible design, which require accessible routes to the parks’ facilities. Three bids were received, with Miller & Son Construction Co. submitting the low and best bid. Item 22-5003 Annual Fire & Police Commission Report The 2021 Annual Fire and Police Commission Report is provided to be received and placed on file with the City Clerk’s Office. Item 22-6001 Appointment Memo Appointments to boards and commissions are submitted by Mayor Schwartzman for Council consideration and approval. Item 22-8008 Bills Bills and Advanced Checks are submitted for approval; please direct questions to Gloria Osborn, Director of Finance and Information Systems. ORDINANCES AND RESOLUTIONS Item 22-1011 Establishment of a Class C-3 Liquor License (Final Reading) Staff recommends approval of an amendment to Section 113.036 (C) of Chapter 113 of the Galesburg Municipal Code regarding the establishment of a Class C-3 liquor license. The City was contacted by Cornucopia who would like to offer liquor for consumption on their premises. They now have a small seating area where they offer a weekly buffet and other food service. They currently have a Class C License, which is package only. This new license category would allow them to offer the sale of beer and wine only for consumption either on or off premises. Item 22-1013 Authorizing the Purchase of Churchill Junior High School (Final Reading) Staff recommends approval of Intergovernmental Agreement with Galesburg Community School District No. 205 for the purchase of the former Churchill Middle School located at 905 Maple Avenue. On March 21, 2022, a majority of the City Council voted to direct staff to engage District 205 to acquire the former Churchill Middle School. District 205 has proposed transferring the property and improvements to the City at no cost through an Intergovernmental Agreement. If approved, the City accepts the premises in “As Is” condition with no warranties from District 205. ___________________________________________________________________________________________________________________________________________________________________________________________ Page 2 of 5 A closing date has not been agreed to by the parties, but possession would not occur until the conclusion of the school year. Item 22-1014 Amendments to Chapter 94 Nuisances (Final Reading) Staff recommends approval of amending Chapter 94 of the Galesburg City Code, regarding nuisances. Many of the nuisance sections were amended between 2005 and 2007. Since that time, there have been changes in State laws and staff has also taken into consideration how the nuisance program has been implemented and enforced over the years. The proposed ordinance amendment reorganizes the sections of the ordinance as well as incorporates the changes listed in the attached council letter. Item 22-1015 Amendment to the TIF Redevelopment Plan (First Reading) Staff recommends approval of an ordinance approving the 2022 amendments to the Tax Increment Redevelopment Plan and Project for the Central/E Main (TIF 4) Redevelopment Area. Adoption of the TIF ordinances will result in the City General Fund continuing to forgo its portion of any tax increment that occurs in the area for the remaining life of the TIF 4 District. The increment will instead accrue to a special TIF Fund that will be limited in its use and application to the projects and programs set forth in the Redevelopment Plan and as limited by the TIF Act. However, because the TIF funds will be used for the purposes of revitalization in the area and the removal of blighting conditions that are currently present, it should result in a benefit to the area and be a positive long-term economic and fiscal benefit to the City and all affected taxing districts. Item 22-1016 Addition of a Class A Liquor License (First Reading) Staff recommends approval of Amendment to Section 113.043 (A) of Chapter 113 of the Galesburg Municipal Code regarding the limitation on the number of Class A-1 liquor licenses. Currently, the limitation on the Class A-1 licenses is twenty-three. This ordinance would add one license to the City’s inventory. The new owners of Cherry Street Brewing Company intend to apply for a State Brewers license and therefore need to change from a Class D license (restaurant) to a Class A (bar/tavern) license. This will authorize Cherry Street to sell all types of alcoholic liquor for consumption either on or off the premises, as well as continuing serving food. Item 22-2024 Transfer From TIF 2 to TIF 4 – Demolition of 140 – 144 E. Main Street Staff recommends approval of a resolution authorizing the transfer of $26,500 from TIF 2 to TIF 4. These funds will be utilized to cover expenses of the Professional Services Agreement with Klingner & Associates related to the demolition of 140-144 E. Main Street. Item 22-2022 Transfer From TIF 2 to TIF 4 – Demolition of 236 – 238 – 240 S. Seminary Street Staff recommends approval of a resolution authorizing the transfer of $20,000 from TIF 2 to TIF 4. These funds will be utilized to cover expenses of the Professional Services Agreement with Klingner & Associates related to the demolition of 236-238-240 S. Seminary Street. BIDS, PETITIONS AND COMMUNICATIONS Item 22-3017 West Street Reconstruction Staff recommends approval of the net bid price of $800,928.95 from Gunther Construction for reconstructing West Street from Main Street to Tompkins Street. The existing street base and concrete curb and gutter will be completely removed and replaced with a new full depth concrete ___________________________________________________________________________________________________________________________________________________________________________________________ Page 3 of 5 pavement and concrete curb and gutter. This contract also includes construction of all new concrete driveway approaches from the street to the back of the sidewalk, sidewalk replacement, storm sewer, and water main replacement. Three bids were received, with Gunther Construction submitting the low and best bid. Sufficient funds are budgeted for the project in the City Gas Tax Fund (14) and Water Fund (61). Item 22-3018 Refurbishment of Ladder Truck 51 by Alexis Fire Equipment Staff recommends approval of the bid for $90,036.20 from Alexis Fire Equipment for the scheduled and budgeted refurbishment of Ladder Truck 51. Alexis Fire Equipment is the sole source vendor for the necessary repairs and safety improvements to Ladder Truck 51. The vehicle was purchased in 2007 with a useful life expectancy of eighteen years. In 2017, it was recommended to extend the replacement of the truck to twenty-three years and budget for a refurbishment of the truck in 2022 to extend its useful life expectancy to 2030. Sufficient funds are budgeted in the Vehicle Replacement Fund for this project. CITY MANAGER’S REPORT MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) Item 22-4044 Woman Owned Business Startup Assistance Grant The KCAP Review Committee recommends approval of a $5,000 Minority and/or Woman owned Business Startup Assistance Grant to assist with covering startup expenses for Amanda Powell, Psychotherapy and Social Work Consulting Services, PLLC. The City Manager and Director of Community Development concur with this recommendation. Psychotherapy and Social Work Consulting Services, PLLC will provide mental health services for older adults and will be located downtown Galesburg in the Weinberg Arcade. The funds will be used toward initial startup expenses for items such as equipment and office furnishings. If approved, the $5,000 grant would be paid from the American Rescue Plan dollars. Item 22-4045 Amendment to the Maintenance Contract with the Downtown Council Staff recommends approval of an amendment to the contract with the Galesburg Downtown Council for maintenance performed in the Downtown Special Service Area. The GDC is responsible for installing, repairing, and maintaining trash containers, flowerpots, planter boxes, landscape fencing, bike racks, benches, banners, maintaining sidewalks and paved seating areas in a clean and debris free condition, weekly refuse removal, holiday lighting, tree, and plant care, except for tree pruning over 12 feet high, and snow removal from the sidewalks. In 2015 the contract was revised and increased the total compensation to $80,000. The $80,000 cost of the maintenance contract is predominantly funded from a 1% special maintenance tax levy the GDC imposes on all the properties located within the special service area. In addition, the City provides funding from city funds to assist in covering the cost for maintenance of the downtown area. The amount the 1% tax levy generates fluctuates from year to year, so likewise does the amount of funds provided by the City. The proposed amendment revises Paragraph E and would set the city funding portion at $27,000 for 2022, with an increase of $1,000 each year through the year of 2026. ___________________________________________________________________________________________________________________________________________________________________________________________ Page 4 of 5 Item 22-4046 Professional Services Agreement – Demolition of 140 – 144 E. Main St. Staff recommends approval of the Professional Services Agreement with Klingner Associates, P.C. for the demolition of 140-144 E Main Street. This property has been vacant since a fire occurred in 2014 that left an opening in the roof and south wall of the second story allowing inclement weather into the building, creating further damage. The services covered in this professional services agreement include, a plat of survey, construction documents and specifications, bidding services, and construction observation. Sufficient funds from Tax Increment Financing District 2 are available to transfer into Tax Increment Financing District 4 for this Professional Services Agreement. Item 22-4047 Professional Services Agreement – Demolition of 236 – 238 – 240 S. Seminary St. Staff recommends approval of a Professional Services Agreement with Klingner Associates, P.C. for the demolition of 236-238-240 S Seminary Street. The City purchased these properties in 2014 with the intent of demolishing them and potentially developing a parking lot. These buildings have been vacant since 2014. The services covered in this professional services agreement include, a plat of survey, wall infill/repair and design finish documentation, bidding services, and construction observation. Sufficient funds from Tax Increment Financing District 2 are available to transfer into Tax Increment Financing District 4 for this Professional Services Agreement. Item 22-4048 Architectural & Engineering Services Agreement for Hawthorne Pool Exterior and Structural Repair Staff recommends approval of the agreement for professional services from Klingner and Associates, PC for the preparation of bid documents for an exterior and structural repair of the Hawthorne Pool building in the amount of $80,000. For this phase of the project, the bid documents will include the repair of the following items: repair structural steel columns, roof replacement, steel roof truss and brace repair, repair of masonry, replace doors and windows, concrete crack & spall repair. In addition to preparing bid documents for the project, the scope of work also includes bidding assistance as well as construction administration, which includes shop drawing review, periodic site visits, and final inspection. It is proposed for the cost of the professional services agreement and the repairs to be paid from ARPA funds which are in the Grant Fund (13). A budget adjustment will be required for this expense. Item 22-4049 Agreement with Farnsworth for Community Center Master Planning Staff recommends approval of an agreement for professional services from Farnsworth Group in the amount of $19,800 for development of a master plan for a future Community Recreation Center. Farnsworth Group has experience in developing recreational/community centers. The goal of the master planning study is to establish, through a consensus process, a program of spaces and activities the proposed facility needs to accommodate. It is proposed for the cost of the professional services agreement to be paid from the General Fund, 160 - 59500. Item 22-4050 Five Year Plant to Plant 350 Trees Staff recommends approval of a five-year plan to plant 350 trees on city terraces and parks. The plan utilizes $50,000 spread over five years to cover the cost of trees and supplies. The plan relies heavily on volunteer labor, coordinated by the Special Projects Coordinator, with the support and guidance of the Parks Department. ___________________________________________________________________________________________________________________________________________________________________________________________ Page 5 of 5 TOWN BUSINESS Item 22-9010 Town Bills Respectfully submitted, Todd Thompson City Manager Proclamation: Blick Art Materials Anniversary Galesburg City Council Regular Meeting City Council Chambers 55 West Tompkins Street, Galesburg, Illinois April 18, 2022 5:30 p.m. Called to order by Mayor Peter Schwartzman at 5:30 p.m. Roll Call #1:Present:Mayor Peter Schwartzman,Council Members Bradley Hix,Wayne Dennis, Kevin Wallace,Dwight White,Jaclyn Smith-Esters,Sarah Davis,and Larry Cox,8.Also Present: City Manager Todd Thompson, City Attorney Brad Nolden, and City Clerk Kelli Bennewitz. Mayor Schwartzman declared a quorum present at 5:39 p.m. The Pledge of Allegiance was recited. Pastor Tony Franklin gave the invocation. Council Member Dennis moved,seconded by Council Member Smith-Esters,to approve the minutes of the City Council’s regular meeting from April 4, 2022. Roll Call #2: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. CONSENT AGENDA #2022-08 All matters listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion. 22-2019 Approve Resolution 22-16 authorizing the submission of a grant application to the Illinois Department of Transportation to purchase seven medium duty paratransit vehicles for Galesburg Public Transportation. 22-2020 Approve Resolution 22-17 to authorize a compensation increase for the City manager for 2021 and 2022 of 2.5 percent each year to be paid retroactively. 22-2021 Approve Resolution 22-18 to install a street light in Lancaster Park April 18, 2022 Page 1 of 12 22-3014 Approve the bid from Ennis-Flint,Inc.,in the amount of $30,952.35 for the 2022 traffic paint supply. 22-4041 Approve a letter of understanding with the Illinois Department of Transportation for maintenance responsibility for the proposed decorative lighting improvements on West Main Street. 22-8007 Approve bills in the amount of $588,430.76 and advance checks in the amount of $175,489.55. Council Member White moved,seconded by Council Member Davis,to approve Consent Agenda 2022-08. Roll Call #3: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried by omnibus vote. PASSAGE OF ORDINANCES AND RESOLUTIONS 22-1009 Council Member Smith-Esters moved,seconded by Council Member Dennis,to approve Special Ordinance 22-611 on final reading authorizing the submission of the Section 5311 and Downstate Public Transit Operating Assistance Grant applications for the period July 1,2022, through June 30, 2023, to provide public transportation. Roll Call #4: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-1010 Ordinance on first reading amending part of the property that was formerly part of HT Custer Park from Institutional (I) to Single Family (R1B). Council Member Cox moved,seconded by Council Member Smith-Esters,to suspend the rules and move agenda item 22-1010 to final reading. Roll Call #5: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. April 18, 2022 Page 2 of 12 Council Member Dennis moved,seconded by Council Member White,to approve Ordinance 22-3668 on final reading amending part of the property that was formerly part of HT Custer Park from Institutional (I) to Single Family (R1B). This parcel is on the west side of the park. Roll Call #6: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-1011 Special Ordinance on first reading amending Section 113.036 (C)of Chapter 113 of the Galesburg Municipal Code to establish a Class C-3 liquor license. 22-1012 Ordinance on first reading authorizing the sale of a property located at 883 West Third Street to Veracity Holdings Construction Group for the price of $20.00. Community Development Director Steve Gugliotta noted that the renovations and/or improvements should be substantially completed within one year.Mr.Preston hopes to start the project as soon as possible after approval. Council Member White stated that he is glad to see the property being refurbished.Council Member Wallace inquired if the property would be sold once the project is complete.Mr. Preston stated that it was his intention to lease the property or offer it for sale.He is also working with the Knox County Housing Authority to offer opportunities for their clients. Council Member Cox moved,seconded by Council Member Smith-Esters,to suspend the rules and move agenda item 22-1012 to final reading. Roll Call #7: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Council Member Dennis moved,seconded by Council Member Wallace,to approve Special Ordinance 22-612 on final reading authorizing the sale of a property at 883 West Third Street to Veracity Holdings Construction Group for the price of $20.00. Roll Call #8: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-1013 April 18, 2022 Page 3 of 12 Ordinance on first reading approving an Intergovernmental Agreement with Community Unit School District #205 for the purchase of the former Churchill Middle School located at 905 Maple Avenue. City Manager Thompson noted that there is no closing date yet but that the building is currently being used and would not be available until after the school year is finished.He also stated that the Administration's recommendation to purchase the building is not necessarily a recommendation to move forward with any renovations.He believes more due diligence needs to be done to determine if moving forward is a good idea for the City. Council Member Hix thanked all the constituents for their emails and noted that they were all against purchasing the building. 22-1014 Ordinance on first reading approving amendments to Chapter 94 of the Galesburg Municipal Code regarding nuisances. Council Member White asked what the current issues were with the ordinance and why items needed updated. Director Gugliotta gave an overview of some of the proposed changes: ●Change the time to pay a bill after abatement of a violation from 15 days to 30 days. ●Create a consistent compliance date of 10 days for abatement of weeds (was 5 days),prairie plots (was 5 days),outside storage (was 15 days),trash &debris (was 10 days),pests (was 7 days),enclosure of building openings (was 10 days),open cisterns (was 10 days).Inoperable vehicles will remain 7 days and dilapidated structures will remain 15 days. ●Allowing graffiti on a building,fence or other structure would be considered a nuisance,also adds a definition of graffiti. ●Allowing a fence to exist on a property in violation of city ordinance or is in an unsafe condition so that it is unstable,insecure or is in such a condition that it is a menace to the safety or health of the public. ●Amending the definition of “pest” to match State law. He also noted that he is proposing a section in regard to Structures Unfit for Human Occupancy. Currently,the only section applicable to designating a structure as unfit for human occupancy is in the Housing Ordinance,which is only applicable to residential.The proposed new section would be applicable to all buildings and structures to be used in egregious situations. 22-2022 Council Member Dennis moved,seconded by Council Member White,to approve Resolution 22-19 approving the appointment of Wayne Carl as Interim City Manager. Roll Call #9: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. April 18, 2022 Page 4 of 12 22-2023 Council Member Wallace moved,seconded by Council Member Cox,to approve Resolution 22-20 to place the following non binding advisory question of public policy on the ballot at the next election in the City of Galesburg:Should the City of Galesburg spend between $5 million and $10 million to convert the former Churchill Middle School (905 Maple Avenue)into a community/activity center? Council Member Smith-Esters believes that when items are put on a ballot it narrows it to only voters.She believes that when you look at our City ’s statistics over the last several years,not a lot of people are voting.In her opinion,the average voter is an older white crowd and that the City would be losing the voice of the poor.She noted that when she was running for Mayor in 2020,she encountered a lot of people who were not registered voters.She believes that this referendum vote would narrow it to only voters’opinions,and that it is not just voters who they represent but the entire community. She is not in favor of this referendum question. Council Member White stated that he believes they have the votes for Churchill and that in his opinion this is an attempt to stop it from moving forward.He doesn’t understand why some Council Members are against a complex that would benefit the youth of Galesburg.He asked those who do not want to purchase Churchill for a youth and community center what they propose to do for the youth.He stated that the library will not be able to meet the needs,nor the YMCA.He is trying to figure out why some have issues with the Churchill building.He understands that some feel it is a money issue,but that everything the City does is about money.He also knows that past Councils have not funded certain projects and the maintenance of buildings for the last ten years, some who are still serving on this City Council. Council Member White stated that there are problems with the Hawthorne Pool but that it was not kept up or taken care of by previous Councils and now it is in shambles with staff trying to get it fixed.The youth in our city need a place to go and he argued that this Council voted down the push tax,money which was going to be used for the project,because the Council thought it was going to hurt businesses.He also noted that the City is hiring three extra police officers and one of their jobs will be to help with youth problems and issues. He believes that it would cost a lot more than $10 million dollars to build a new youth center. He also noted that there was no referendum when the Golf Course was failing but instead the City salvaged it.He can’t understand why some don’t want the project to move forward and has a hard time believing it ’s about the money.Council Member White stated again that he doesn’t understand why some are against the project and noted that a new building would cost more than $10 million dollars. Council Member Hix stated that the City ’s budget is $66 million and it ’s being proposed to spend $10 million on this project,a huge percentage of the budget.He also noted that two on the Council were appointed and not elected and believes the City needs the public’s input.He added that the Council received many emails, all of which have asked to express their opinion. Council Member Hix noted that no one on the Council has been against a youth center but that the City ’s money needs to be spent wisely and to look at other options other than just Churchill. April 18, 2022 Page 5 of 12 He believes that once the Broadview Hotel is down,that could be a potential site,as well as other places that could have an exact building built to meet the needs of a center.He feels that 87,000 square feet is way too large and that a new building could be built at a cheaper price. He’s afraid that the hidden costs of the Churchill building could be extraordinary.If it is approved to move forward,he hopes those Council Members own the overruns and the costs to remediate the asbestos and mold removal.He does not like to be characterized as being against youth when he is not. Council Member Cox stated that Council Member White was one who voted to repeal the video gaming push tax.As for other facilities,he believes that the existing library could be an option and that the 14,000 square foot building would be more than enough for a youth and senior citizen center.He also noted that it could be added onto if needed in the future and has a fairly new AC unit,roof,and is in much better shape,which would mean lower maintenance costs.If used as a community center and it is found that it is not needed,that building could be sold since it would be marketable, unlike the Churchill building. Council Member Cox stated that he agrees with Council Member Hix that City doesn’t need 87,000 square feet and that the City has several facilities now that go unused,such as the Hawthorne Gym and the Pavilion.He definitely supports the youth and ways to provide for them,but remembers his teenage years and like most at that age,always thought there was nothing to do in town.He believes there is a lot to do in Galesburg if people would look and pointed out the “100 Free Things to do in Galesburg ” from the Heart & Soul initiative. He believes that Council needs to use their imagination and understands that the new Library or YMCA cannot serve everyone but doesn’t believe that an 87,000 square foot building that would be vacant most of the time is the answer. Council Member Smith-Esters stated that she believes the whole Council wants the City to be successful.She feels that the Library building could be used as a senior center or that the property could be sold to bring new businesses downtown.She also believes that the Council needs to understand the definition of a teenager now and that the City ’s poverty rate of 23 percent is not your typical teen,but instead one that has no support system,no role models,or anyone at home for them.She stated that this is an opportunity for the community to come together and be role models for these teens.She also doesn’t want to have a temporary teen center,similar to what the Library is now from 1961.She believes that if the City drags their feet on this project,our poverty rate is going to go up.She added that we need to dare to dream and invest in the community and stop talking about the budget. Council Member Wallace stated that he came back to Galesburg and his agenda has been to bring something for the youth.He feels that the kids have spoken and that they want a place to go and things to do.He believes it will benefit the entire community,provide role models and be a community center for everyone.He trusts that there is money available out there from other government agencies and that it won’t all come from the taxpayers.Council Member Wallace stated that we need to get kids out of trouble and off the street and provide them with a youth center.He added that if we don’t try then it says we don’t care about them.He April 18, 2022 Page 6 of 12 believes people will volunteer their time to provide for the kids and once retired,he will be devoting all his time to the community center. Council Member Hix reminded Council Members that this would be a non-binding advisory question and that we are only seeking public input. Council Member White asked about the Pavilion and Council Member Cox stated that he was aware that the Pavilion was only used once last November and goes unused 95%of the time. Council Member White stated that it ’s too expensive for most to use.He also noted that there was no referendum when the old community center was sold but that it was used a lot, including by his church,and was priced right for poor and economically challenged people.He will continue to fight for the Fourth Ward and things near his ward. Council Member White noted several programs and rentals through the City that cost a lot of money and stated that people in housing don’t have the money to participate.He challenged anyone to go to a housing complex,get on a bus,ride to the Hawthorne Center,spend time there,and then get back on the bus.He doubts anyone would ever do it again.He stated some are making assumptions and not thinking about others.He feels that the City will figure out how to get the money and believes that waiting until November is a stall tactic and that the School District will sell it to someone else. Council Member Dennis stated that he understands what Council Member White is saying but that Burlington has a huge sports complex that they built for $3.5 million dollars.Council Member Smith-Esters believes that it was too long ago and that costs have only risen.He agrees with some Council Members that the people of Galesburg have the right to express their opinion. If the public agrees to move forward with Churchill, then the City should proceed. Ray Pickrel addressed the Council and stated that a community center should not hold teens and seniors together.He also reminded the Council that the skating rink closed because it wasn’t being used. James Jacobs addressed the Council and stated that he resented the comment that two of the Council Members were appointed and believes they have as much standing as anyone else and that their votes count just as much.He has lived in the City for 72 years and we have been in dire need of someplace where kids could go and believes Churchill presents the community with a real opportunity.He noted that the library is not suitable and does not have a kitchen or a gym.He believes that the south side of town and its poor kids,black kids and brown kids have always gotten the short end of the stick.He believes that the question of the referendum is a subterfuge and is really a ruse to frustrate the attempts of the new Mayor and some progressive thinking members of the Council to move our City forward.He stated that apparently people think progress is being stranded in the status quo and he doesn’t believe it is.He noted that Churchill may not be the ideal place in the long run but that we need to dream.The City could have classes for people who want to learn Spanish,Swahili,senior classes,basketball,dancing lessons,an area for video games,and as time and interests change,have a youth board that tries to address the different interests of teens. April 18, 2022 Page 7 of 12 Mr.Jacobs stated that he would be willing to have his taxes increased and would give the City $1,000 up front to do this project.He asserted that we need this in our community and should move forward or stay stranded in the cement of the status quo,which will only send the community backwards. Laura Porter addressed the Council and stated that there are many empty buildings and schools that could be used for classes and feels that programs offered for outside activities are needed. Jeannette Chernin addressed the Council and read a statement from Darla Krejic regarding turning Churchill into a community center.She feels that the project is revolving around money and that most have a vision of a community center as a meeting space for seniors and youth,a kitchen area,and mostly what the former community center consisted of.She shared her vision of a community center as a public location where people can gather,have group activities, meeting and office space for nonprofits,auditorium/performing space,a gym,cafeteria and kitchen,and outside space for gardening and walking.Most of these elements are already included in Churchill and that the City should invest in this building.She noted statistics from the Mary Davis Home where it costs approximately $3,500 per month to house a juvenile. Roll Call #10: Ayes:Council Members Hix, Dennis, and Cox, 3. Nays:Council Members Wallace, White, Smith-Esters, and Davis, 4. Absent:None Chairman declared motion failed. BIDS, PETITIONS, AND COMMUNICATIONS 22-3015 Council Member Davis moved,seconded by Council Member Wallace,to approve the bid submitted by GovHR in the amount of $24,500,plus any consultant travel needed,for executive recruitment services for City Manager candidates.The estimated timeline for the search process is 14 weeks. City Manager Thompson stated that GovHR is a public management consulting firm, headquartered in Northbrook,Illinois,and offers customized executive recruitment services. They have conducted over 900 recruitments for cities,counties,and government entities of all sizes throughout the country.They have professionals that have held leadership positions within local government,providing an in-depth understanding of the functions and needs of municipalities.Mark Peterson is the project manager that will be assigned to the City of Galesburg ’s recruitment project.He has extensive local government experience,serving the City of Normal, Illinois for 30 years. Roll Call #11: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. April 18, 2022 Page 8 of 12 PUBLIC COMMENT Kendall Bolen addressed the Council regarding his recommendation to allow side-by-side vehicles in the City limits and stressed that they would have the same rules as a car.The City could provide an annual sticker and inspection.The Mayor stated that someone would be reaching out to Mr. Bolen. Molly Miller addressed the Council and stated that despite the tension she believes that everyone is on the same team and wants the community to thrive.She feels that getting a community or activity center will take time but encouraged Council to provide clear concrete plans of the center to the public.It would be helpful to see and hear what $10 million would look like towards the project,as well as a timeline.She believes that a community center needs to draw people to town and would encourage Council to work with each other as they all represent the entire community. Laura Porter addressed the Council regarding domestic violence and the issues she has personally endured.She feels that there are no programs or places to go for assistance locally and would like to see the City get a facility to help people. CITY MANAGER’S REPORT A.Traffic Advisory Committee Report for April 2022. City Manager Thompson noted that a request was made by Galesburg High School to consider installing a mid-block crosswalk on Fremont Street in front of the school.The school district acquired the building at 940 W.Fremont Street and will be utilizing it for classes.Students travel from the main high school building to the newly acquired building at different times throughout the day for classes.Currently,there is a marked crosswalk at the signalized intersection at Hawkinson and Fremont for the students to cross;however,the school district is concerned that students will take a more direct route between the new buildings and cross Fremont Street where there is currently no striped crosswalk. He reported that TAC agreed that a crosswalk should be installed to allow students to safely cross between buildings.Since it is a mid-block crossing,measures should be taken to ensure the crosswalk is visible to motorists.It is recommended that flashing warning signs and radar feedback signs be used and in-street pedestrian crossing signs be purchased and installed.City personnel will stripe the crosswalk,install the signage,and install the curb ramps for the crossing. MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) 22-4042 Council Member Wallace moved,seconded by Council Member Smith-Esters,to approve an amended 2022 Classification and Salary Schedule to upgrade a Community Service Officer position to a supervisor position. April 18, 2022 Page 9 of 12 Roll Call #12: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-4043 Council Member Smith-Esters moved,seconded by Council Member Davis,to approve Budget Adjustment #3 for the year ended December 31, 2021. Roll Call #13: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Council Member Smith-Esters moved,seconded by Council Member Davis,to sit as the Town Board. The motion carried. TOWN BUSINESS 22-9009 Trustee Smith-Esters moved,seconded by Trustee Cox,to approve Town bills and warrants be drawn in payment of same. Fund Title Amount Town Fund $6,608.33 General Assistance Fund $4,983.59 IMRF Fund $1,735.82 Social Security/Medicare Fund $2,083.38 Liability Fund $516.66 Audit Fund Total $15,927.78 Roll Call #14: Ayes:Trustees Hix, Dennis, Wallace, Smith-Esters, White, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Council Member Davis moved,seconded by Council Member Smith-Esters,to resume as the City Council. The motion carried. CLOSING COMMENTS Council Member White announced that he had the privilege to go on an Honor Flight as a Vietnam Veteran and thanked those who sent cards to him.He had the opportunity to see the Vietnam Veteran Memorial Wall.He also reminded people that agent orange killed more than April 18, 2022 Page 10 of 12 300,000 people and that ten times more African Americans died in World War II than others. He added that many are still fighting in our nation to vote and are still giving their lives.He’s proud of his service but has mixed feelings. Council Member White gave a shout out hello to Diane Caldwell in Moon Towers.He also stated that he recently saw a billboard for the teen center in Monmouth and it encouraged him to believe we need one here.He thanked Aaron Gavin for his help with a constituent who called and said that he was pleasant to talk to and grateful for his assistance. Council Member Smith-Esters applauded the City on a successful Easter Egg Hunt and noted that there are several upcoming events such as volunteer trail cleaning on May 7th and 14th at the Lakeside Nature Center,Touch-A-Truck on May 4th at the Pavilion,and the annual Fishing Derby on May 15th at Lincoln Park. She also noted that this is the last week for Cleanup Days. Council Member Sarah Davis stated that as a CPA she was glad that tax season is finally over. She also thanked those who attended the meeting and spoke on issues to make Galesburg a better place to live. Council Member Cox stated that while last year ’s City budget turned out positive,our national economy is not in great shape with inflation up to 8%,the worst in forty years.He noted that some economists are predicting a recession soon while our national debt has increased by more than $7 trillion dollars in less than two years (over $91,000 for each person in the United States). Council Member Cox stated that there is potential that future budgets will be challenging, especially if inflation stays high and the unions request a high cost of living increase.He doesn't feel that it ’s a great time for Galesburg to go into further debt on large expenditures. Council Member Hix thanked Blick Art Materials for being a great employer in our community and was recently able to tour their facility.He thanked their management and leadership team for inviting the Council. Council Member Dennis agreed with Council Member White on the Vietnam Veteran Wall and encouraged everyone to go see it if they can. Council Member Wallace thanked everyone for attending and adding their input.He also noted that he has met with Director Gugliotta on a property in his ward (Michigan and Grand Avenues) and that it is being addressed and moving forward. Council Member Wallace also stated that he has worked in the field of domestic abuse,many clients who were kids.He agreed that we needed a place for people to get help and that he would reach out to Ms. Porter. He also added that he worked at Dick Blick in 1985 and that it was a positive experience for him. He noted that his father was a veteran of the Korean Conflict and understands that many people April 18, 2022 Page 11 of 12 face trauma from their service and hopes that people reach out for help from many of the area programs available. Council Member Wallace also noted that he and his children have been offered many opportunities in Galesburg and that he loves this community,which has been his home since 1984. Mayor Schwartzman read his Mayoral Award in honor of Fred Foster and his service to the City of Galesburg Police Department.He also announced that April 22nd will be the 53rd annual Earth Day.He hopes everyone has a chance to take part in many of the area events,including those at Knox College. The Mayor announced that he will be hosting a Lake Storey Day on Saturday,April 30th,1-5 p.m.They will be gathering to clean up around the Lake while taking tours of various areas (Nature Center,bike/walking paths,playground,beach,etc.).Afterwards,people will be encouraged to talk about ways to improve the Lake. Mayor Schwartzman stated that over the last few days,he has had several of his friends go to the emergency room with various illnesses (not COVID related).He encouraged the community as a whole to get to know their neighbors. Council Member White added that there will be a clean up day for the south side of town on Saturday, April 23rd, 9 a.m., starting at the United Way office on Monmouth Boulevard. There being no further business,Council Member White,seconded by Council Member Smith-Esters, to adjourn the regular meeting at 7:24 p.m. Roll Call #15: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Peter D. Schwartzman, Mayor Kelli R. Bennewitz, City Clerk April 18, 2022 Page 12 of 12 WHEREAS, every year on the second Saturday in May, letter carriers across the country collect non-perishable food as part of the nation's largest one-day food drive, distributing the donations to local food banks; and WHEREAS, the Letter Carriers' Stamp Out Hunger Food Drive is just one example of how letter carriers work to make a difference in the lives of those they serve. Since the pilot drive was held in 1991, more than 1.82 billion pounds of food have been collected; and WHEREAS, we recognize all letter carriers for their hard work and their commitment to their communities. All of the food collected in our community stays in our community and we support carriers' efforts to help those in need in our community; and WHEREAS, we also recognize the noteworthy milestone of 30 years that the National Letter Carrier Food Drive celebrates in 2022. NOW THEREFORE, I, Peter Schwartzman, Mayor of the City of Galesburg, Illinois, proclaim Saturday, May 14, 2022, as “Letter Carriers’ Stamp Out Hunger Food Drive Day” and we encourage the citizens of our community to support the food drive by placing non-perishable food items in or near your mailbox on Food Drive Day. Your letter carrier will pick it up while delivering the mail-and together, we can all help to feed our hungry. Dated this 2nd day of May 2022. ________________________________ Mayor Peter D. Schwartzman Proclamation WHEREAS, the red Poppy grew in the battlefields of France and Belgium where American servicemen died while protecting America’s freedom during two World Wars; and WHEREAS, the Poppy has been designated as a symbol of sacrifice of lives in all wars, veterans assemble the flowers in workshops, nursing homes and hospitals; and WHEREAS, the American Legion Auxiliary will distribute Poppies at local business locations May 27 and 28, 2022, with contributions going to the welfare of our veterans and their families; and WHEREAS, at this time especially, our Nation knows the price of war and the debt owed to those who have paid the ultimate price while preserving our freedom. NOW THEREFORE, I, Peter Schwartzman, Mayor of the City of Galesburg, Illinois, do hereby proclaim May 27 and 28, 2022, “POPPY DAYS” in the City of Galesburg and ask that all citizens purchase a poppy to show appreciation for the sacrifices of our honored soldiers. Dated this 2nd day of May 2022. _____________________________________ Mayor Peter Schwartzman ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Bids for sidewalk paths at Bateman Park, O.N. Custer Park, and Debbie Klapp Park. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, City Engineer, and Purchasing Agent recommend approval of the bid in the amount of $20,668.00 to Miller & Son Construction Co. BACKGROUND: The contract requires the Contractor to construct new sidewalk and curb ramps at Bateman Park, O.N. Custer Park, and Debbie Klapp Park. The new sidewalk paths will connect the existing street adjacent to the park to the playgrounds at the park. The paths are being constructed to comply with ADA standards for accessible design which require accessible routes to the park’s facilities. Currently, there is not an accessible route to the playgrounds at these parks. The project was advertised in the Register Mail and on the City’s website. Thirteen (13) bid proposals were sent out and three (3) bids were received. The low bidder for the project was Miller & Son Construction of Mackinaw, IL in the amount of $20,668.00. The bid for this project was within the estimated amount anticipated for the work. It is anticipated the project will begin in May and the Contractor has 15 working days to complete the project. BUDGET IMPACT: Sufficient funds are budgeted for this project in the Utility Tax Fund (59). SUPPORTING DOCUMENTS: 1.Vendors contacted 2.Bid Tabulation 22-3016 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 2 of 2 VENDORS CONTACTED: Gunther Construction Co., Galesburg, IL Brandt Construction, Milan, IL Laverdiere Construction, Macomb, IL McCarthy/Foley, Davenport, IA Illinois Civil Contractors, Inc., East Peoria, IL Hein Construction Co., Galesburg, IL Valley Construction Co., Rock Island, IL Otto Baum Co., Morton IL Miller & Son Construction, Mackinaw, IL Stark Excavating, Bloomington, IL Phoenix Corporation, Port Byron, IL Lockwood Excavating & Construction, Galesburg, IL Miller Trucking & Excavating, Silvis, IL CITY OF GALESBURG Purchasing Operating Under Council- Manager Government Since 1957 2022 PARKS SIDEWALK PATHS BIDDER NAME: Section: 22-01502-46-SW BIDDER ADDRESS: Bid Date: 4/20/2022 CITY/STATE/ZIP: ATTENDED BY: MILLER/GAVIN UNIT UNIT UNIT QTY UNIT ITEM PRICE TOTAL PRICE TOTAL PRICE TOTAL 2 SY AGG BASE CSE TY B 6"150.00$ 300.00$ 50.00$ 100.00$ 64.00$ 128.00$ 10 FT CURB REMOVAL 30.00$ 300.00$ 60.00$ 600.00$ 29.00$ 290.00$ 48 SF SIDEWALK REMOVAL 10.00$ 480.00$ 5.50$ 264.00$ 15.00$ 720.00$ 1099 SF PCC SIDEWALK, 5"10.00$ 10,990.00$ 20.00$ 21,980.00$ 42.00$ 46,158.00$ 24 SF DETECTABLE WARNING 150.00$ 3,600.00$ 85.00$ 2,040.00$ 73.00$ 1,752.00$ 10 FT COMB CC&G TY B6.12 80.00$ 800.00$ 125.00$ 1,250.00$ 230.00$ 2,300.00$ 1 L SUM MOBILIZATION 1,000.00$ 1,000.00$ 2,500.00$ 2,500.00$ 2,578.00$ 2,578.00$ 1 L SUM TRAFFIC CONTROL 1,000.00$ 1,000.00$ 2,500.00$ 2,500.00$ 2,918.00$ 2,918.00$ 1099 SF AGG BASE CSE TY B VAR SPL 2.00$ 2,198.00$ 3.00$ 3,297.00$ 7.00$ 7,693.00$ TOTAL COST 20,668.00$ 34,531.00$ 64,537.00$ Bid Bond Bid Bond Bid Bond Mackinaw, IL 61755 Galesburg, IL 61401 Macomb, IL 61455 Miller & Son Construction Co.Lockwood Excavating & Laverdiere Construciton PO Box 289 945 Monmouth Blvd 4055 W Jackson St ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJ Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Receive the 2021 Annual Fire and Police Commission Report SUMMARY RECOMMENDATION: Receive item only BACKGROUND: Per the Board of Fire and Police Commissioners Rules and Regulations, the City Council is required to receive an annual report on the Fire and Police Commission activities. BUDGET IMPACT: There is no impact as all expenditures are included in the budget. SUPPORTING DOCUMENTS: 1.None 22-5003 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: GPO Page 1 of 1 CITY OF GALEBURG, ILLINOIS COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Receive the 2021 Annual Fire Fighters Pension Fund Annual Report SUMMARY RECOMMENDATION: Receive item only BACKGROUND: Per statute, the City Council is required to receive an annual pension report for the Fire Fighters Pension Fund. The following report provides the revenue statement and expenses statement for the Fire Fighters Pension Fund. BUDGET IMPACT: During the reporting period, the City of Galesburg contributed $2,547,344 to the Fire Fighters Pension Fund. SUPPORTING DOCUMENTATION: 1. Galesburg Fire Fighters Pension Fund Revenue and Expenses Statements 22-5004 Revenues Statement 1.1 Amount of Ledger Assets at End of Previous Year's Statement:$28,032,297.78 1.2 Amount of Ledger Assets at End of Previous Year – Should Coincide with Line 1.1:$28,032,297.78 1.3 Adjustment – If Line 1.1 is Different from Line 1.2 (Absolute Value of the Difference of Lines 1.1 and 1.2): $0.00 From Municipalities 2.1 Current Tax Levy:$2,547,344.10 2.2 All Previous Year's Taxes:$0.00 2.3 Illinois Personal Property Replacement Tax:$0.00 2.4 Contributions from Municipality (in lieu of tax levy):$0.00 2.5 Other Revenue Received From Municipality (from detail):$0.00 3.0 Total Received from Municipality (Sum of Lines 2.1 through 2.5):$2,547,344.10 From Members 4.1 Salary Deductions – Current Year’s Service:$287,460.63 4.2 Contributions – Prior Year’s Service:$0.00 4.3 Repayment of Refund(s):$0.00 4.4 Interest Received from Members:$0.00 4.5 Other Revenue Received from Members (from detail):$0.00 5.0 Total Received from Members (Sum of Lines 4.1 through 4.5):$287,460.63 From Investments 6.1 Interest on Deposits in Checking, Money Market, IL Fund, Repurchase Agreements and Other Cash Investments (Total Interest Received and Accrued from Schedule A): $2,138.85 6.2 Interest on Certificates of Deposits (Total Interest Received and Accrued from Schedule B):$0.00 6.3 Income from State, Local and Corporate Obligations (Difference of (Sum of Total Interest Received and Accrued from Schedule C2, Total Interest Received and Accrued from Schedule C3, and Total Accrual of Discount from Schedule C3) and Total Amortization of Premium from Schedule C3) $168,199.78 6.4 Income from U.S. Government and Agency Obligations (Difference of (Sum of Total Interest Received and Accrued from Schedule D2, Total Interest Received and Accrued from Schedule D3, and Total Accrual of Discount from Schedule D3) and Amortization of Premium from Schedule D3): $72,552.36 6.5 Income from Insurance Company Contracts – General Accounts (Difference of Total Earnings Credited to Account from Schedule E and Surrender Charges Paid from Schedule E): $0.00 6.6 Income from Insurance Company Contracts – Separate Accounts (Difference of Total Earnings Credited to Account from Schedule F and Surrender Charges Paid from Schedule F): $51,914.25 Thursday, April 28, 2022 7:14 AM 1 From Investments 6.7 Income from Investment Pools (Total Earnings Credited to Account from Schedule G):$0.00 6.8 Gain/Loss from Sales of Securities (Sum of Total Profit or Loss on Sale from Schedule C2, Total Profit or Loss on Sale from Schedule D2, Total Profit or Loss on Sale from Schedule J2, and Total Profit or Loss on Sale From Schedule K2): $92,623.79 6.9 Income from Other Investment Assets (from detail):$0.00 6.10 Unrealized Gains/Losses:$840,938.00 6.11 Income/Dividends from Mutual Funds (Sum of Total Income/Dividends from Schedule K2 and Total Income/Dividends from Schedule K3): $748,670.01 6.12 Income/Dividends from Common and Preferred Stocks (Sum of Total Income/Dividends from Schedule J2 and Total Income/Dividends from Schedule J3): $78,269.54 7.0 Total Income from Investments (Sum of Lines 6.1 through 6.12):$2,055,306.58 From Other Sources 8.0 Donations:$0.00 9.0 Other Income (from detail):$284.23 Detail Text:Detail Amount: 9.0.1 MISCELLANEOUS $284.23 10.0 Total Income (Sum of Lines 3.0, 5.0, 7.0, 8.0, and 9.0):$4,890,395.54 11.0 Amount Carried Forward (Sum of the Beginning of Year Balance and Line 10.0):$32,922,693.32 Thursday, April 28, 2022 7:14 AM 2 Expenses Statement 11.0 Amount Carried Forward (Sum of the Beginning of Year Balance and Line 10.0):$32,922,693.32 Pensions and Benefits 12.1 Service Pensions:$2,862,931.92 12.2 Non-Duty Disability Pensions:$0.00 12.3 Duty Disability Pensions:$0.00 12.4 Occupational Disease Disability Pensions:$0.00 12.5 Surviving Spouse Pensions:$534,966.91 12.6 Children’s Pensions:$10,283.52 12.7 Parents’ Pensions:$0.00 12.8 Handicapped Annuitant Pensions:$0.00 12.9 Refund of Contributions:$0.00 12.10 Transfers to other Illinois Public Employee Funds or Systems:$0.00 13.0 Total Pensions and Benefits Paid (Sum of Lines 12.1 through 12.10):$3,408,182.35 Personal Services 14.1 Salaries and Wages:$0.00 14.2 Group Insurance:$0.00 14.3 Social Security Contributions:$0.00 14.4 Retirement Contributions:$0.00 14.5 Unemployment Insurance:$0.00 14.6 Worker's Compensation:$0.00 15.0 Total Personal Services (Sum of Lines 14.1 through 14.6):$0.00 Insurance 16.1 Fiduciary Insurance:$490.00 16.2 Surety Bonds:$0.00 16.3 Fidelity Bonds:$0.00 16.4 Liability:$0.00 16.5 Property:$0.00 17.0 Total Insurance Expense (Sum of Lines 16.1 through 16.5):$490.00 Thursday, April 28, 2022 7:14 AM 3 Professional Services 18.1 Actuarial:$4,750.00 18.2 Auditing:$0.00 18.3 Accounting and Bookkeeping:$10,500.00 18.4 Medical:$0.00 18.5 Legal Expense:$0.00 18.6 Public Stenographer/Court Reporter:$0.00 19.0 Total Professional Services (Sum of Lines 18.1 through 18.6):$15,250.00 Investment Expense 20.1 Investment Manager/Adviser Fee:$68,147.21 20.2 Custodial:$9,997.39 20.3 Investment Research:$0.00 20.4 Safe Deposit and Bank Charges:$0.00 20.5 Broker Commissions:$0.00 20.6 Investment Expense (from detail):$0.00 20.7 Indirect Expenses (from detail):$0.00 21.0 Total Investment Expense (Sum of Lines 20.1 through 20.7):$78,144.60 Electronic Data Processing (EDP) 22.1 Equipment Purchases:$0.00 22.2 Supplies:$0.00 22.3 Professional Services:$4,000.00 22.4 Repairs and Maintenance:$0.00 22.5 Depreciation:$0.00 23.0 Total Electronic Data Processing (Sum of Lines 22.1 through 22.5):$4,000.00 Equipment 24.1 Equipment Purchases:$0.00 24.2 Equipment Repairs, Rental and Maintenance:$0.00 24.3 Depreciation:$0.00 25.0 Total Equipment Expense (Sum of Lines 24.1 through 24.3):$0.00 Thursday, April 28, 2022 7:14 AM 4 Other 26.1 Conference/Seminar Fees:$0.00 26.2 Association Dues:$1,245.00 26.3 Travel:$0.00 26.4 Postage:$0.00 26.5 Printing:$0.00 26.6 Supplies:$84.09 26.7 Telecommunications:$0.00 26.8 Election Expense:$0.00 26.9 Education Expense:$0.00 26.10 State of Illinois Compliance Fee – Department of Insurance:$5,087.61 26.11 Other Expense (from detail):$65.50 Detail Text:Detail Amount: 26.11.1 MISCELLANEOUS $65.50 27.0 Total Other Expenses (Sum of Lines 26.1 through 26.11):$6,482.20 28.0 Total Administrative Expenses (Sum of Lines 15.0, 17.0, 19.0, 21.0, 23.0, 25.0, and 27.0):$104,366.80 29.0 Total Expenses (Sum of Lines 13.0 and 28.0):$3,512,549.15 30.0 Fund Balance (Difference of Lines 11.0 and 29.0):$29,410,144.17 Thursday, April 28, 2022 7:14 AM 5 Assets Statement 31.1 Cash on Hand:$0.00 31.2 Deposits in Money Market, Checking, N.O.W., IL Fund, Repurchase Agreements, etc. (Total Balance End of Year from Schedule A): $2,917,475.30 Investments Actuarial Funding Value:Market Value: 32.1 Certificates of Deposit (Total Balance End of Year from Schedule B):$0.00 $0.00 32.2 State, Local and Corporate Obligations (Total Value from Schedule C3):$5,004,467.43 $4,925,740.90 32.3 U.S. Government and Agency Obligations (Total Value from Schedule D3):$4,130,566.74 $4,100,886.29 32.4 Insurance Company Contracts – General Accounts (Total Balance End of Year from Schedule E): $0.00 $0.00 32.5 Insurance Company Contracts – Separate Accounts (Total Balance End of Year from Schedule F): $333,986.55 $333,986.55 32.6 Pooled Investment Accounts (Total Balance End of Year from Schedule G):$0.00 $0.00 32.7 Common and Preferred Stocks (Total Balance End of Year from Schedule J3):$5,995,532.09 $5,995,532.09 32.8 Mutual Funds (Total Balance End of Year from Schedule K3):$11,373,552.38 $11,373,552.38 33.0 Total Investments (Sum of Lines 32.1 through 32.8):$26,838,105.19 $26,729,698.21 Receivables 34.1 Taxes Receivable:$0.00 34.2 Accrued Past Due Interest:$51,486.48 34.3 Salary Deductions:$0.00 34.4 Taxes Received – Not Distributed:$0.00 34.5 Due from Members for Prior Services:$0.00 34.6 Other Receivables (from detail):$0.00 35.0 Total Receivables (Sum of Lines 34.1 through 34.6):$51,486.48 36.0 Equipment:$0.00 37.0 Other Assets (from detail):$0.00 Actuarial Funding Value:Market Value: 38.0 Total Assets (Sum of Lines 31.1, 31.2, 33.0, 35.0, 36.0, and 37.0):$29,807,066.97 $29,698,659.99 Liabilities 39.1 Pensions and Benefits Due and Unpaid:$286,765.82 39.2 Expenses Due and Unpaid $1,750.00 Thursday, April 28, 2022 7:14 AM 6 Liabilities 39.3 All Other Liabilities (from detail):$0.00 40.0 Total Liabilities (Sum of Lines 39.1 through 39.3):$288,515.82 Actuarial Funding Value:Market Value: 41.0 Net Present Assets, as per Balance (Difference of Lines 38.0 and 40.0):$29,518,551.15 $29,410,144.17 Thursday, April 28, 2022 7:14 AM 7 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: GPO Pa ge 1 of 1 CITY OF GALEBURG, ILLINOIS COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Receive the 2021 Annual Police Pension Fund Report SUMMARY RECOMMENDATION: Receive item only BACKGROUND: Per statute, the City Council is required to receive an annual pension report for the Police Pension Fund. The following report provides the revenue statement and expenses statement for the Police Pension Fund. BUDGET IMPACT: During the reporting period, the City of Galesburg contributed $2,287,839 to the Police Pension Fund. SUPPORTING DOCUMENTATION: 1.Galesburg Police Pension Fund Revenue and Expenses Statements 22-5005 Revenues Statement 1.1 Amount of Ledger Assets at End of Previous Year's Statement:$31,033,845.95 1.2 Amount of Ledger Assets at End of Previous Year – Should Coincide with Line 1.1:$31,033,845.95 1.3 Adjustment – If Line 1.1 is Different from Line 1.2 (Absolute Value of the Difference of Lines 1.1 and 1.2): $0.00 From Municipalities 2.1 Current Tax Levy:$2,287,839.29 2.2 All Previous Year's Taxes:$0.00 2.3 Illinois Personal Property Replacement Tax:$0.00 2.4 Contributions from Municipality (in lieu of tax levy):$0.00 2.5 Other Revenue Received From Municipality (from detail):$0.00 3.0 Total Received from Municipality (Sum of Lines 2.1 through 2.5):$2,287,839.29 From Members 4.1 Salary Deductions – Current Year’s Service:$341,239.40 4.2 Contributions – Prior Year’s Service:$50,090.32 4.3 Repayment of Refund(s):$0.00 4.4 Interest Received from Members:$0.00 4.5 Other Revenue Received from Members (from detail):$0.00 5.0 Total Received from Members (Sum of Lines 4.1 through 4.5):$391,329.72 From Investments 6.1 Interest on Deposits in Checking, Money Market, IL Fund, Repurchase Agreements and Other Cash Investments (Total Interest Received and Accrued from Schedule A): $2,025.49 6.2 Interest on Certificates of Deposits (Total Interest Received and Accrued from Schedule B):$0.00 6.3 Income from State, Local and Corporate Obligations (Difference of (Sum of Total Interest Received and Accrued from Schedule C2, Total Interest Received and Accrued from Schedule C3, and Total Accrual of Discount from Schedule C3) and Total Amortization of Premium from Schedule C3) $55,892.86 6.4 Income from U.S. Government and Agency Obligations (Difference of (Sum of Total Interest Received and Accrued from Schedule D2, Total Interest Received and Accrued from Schedule D3, and Total Accrual of Discount from Schedule D3) and Amortization of Premium from Schedule D3): $36,187.95 6.5 Income from Insurance Company Contracts – General Accounts (Difference of Total Earnings Credited to Account from Schedule E and Surrender Charges Paid from Schedule E): $0.00 6.6 Income from Insurance Company Contracts – Separate Accounts (Difference of Total Earnings Credited to Account from Schedule F and Surrender Charges Paid from Schedule F): $3,932,007.19 Wednesday, April 27, 2022 4:11 PM 1 From Investments 6.7 Income from Investment Pools (Total Earnings Credited to Account from Schedule G):$0.00 6.8 Gain/Loss from Sales of Securities (Sum of Total Profit or Loss on Sale from Schedule C2, Total Profit or Loss on Sale from Schedule D2, Total Profit or Loss on Sale from Schedule J2, and Total Profit or Loss on Sale From Schedule K2): $17,831.75 6.9 Income from Other Investment Assets (from detail):$0.00 6.10 Unrealized Gains/Losses:($155,640.64) 6.11 Income/Dividends from Mutual Funds (Sum of Total Income/Dividends from Schedule K2 and Total Income/Dividends from Schedule K3): $0.00 6.12 Income/Dividends from Common and Preferred Stocks (Sum of Total Income/Dividends from Schedule J2 and Total Income/Dividends from Schedule J3): $0.00 7.0 Total Income from Investments (Sum of Lines 6.1 through 6.12):$3,888,304.60 From Other Sources 8.0 Donations:$0.00 9.0 Other Income (from detail):$0.00 10.0 Total Income (Sum of Lines 3.0, 5.0, 7.0, 8.0, and 9.0):$6,567,473.61 11.0 Amount Carried Forward (Sum of the Beginning of Year Balance and Line 10.0):$37,601,319.56 Wednesday, April 27, 2022 4:11 PM 2 Expenses Statement 11.0 Amount Carried Forward (Sum of the Beginning of Year Balance and Line 10.0):$37,601,319.56 Pensions and Benefits 12.1 Service Pensions:$2,826,922.37 12.2 Non-Duty Disability Pensions:$0.00 12.3 Duty Disability Pensions:$56,373.72 12.4 Occupational Disease Disability Pensions:$0.00 12.5 Surviving Spouse Pensions:$421,455.88 12.6 Children’s Pensions:$0.00 12.7 Parents’ Pensions:$0.00 12.8 Handicapped Annuitant Pensions:$0.00 12.9 Refund of Contributions:$3,334.43 12.10 Transfers to other Illinois Public Employee Funds or Systems:$41,469.72 13.0 Total Pensions and Benefits Paid (Sum of Lines 12.1 through 12.10):$3,349,556.12 Personal Services 14.1 Salaries and Wages:$0.00 14.2 Group Insurance:$0.00 14.3 Social Security Contributions:$0.00 14.4 Retirement Contributions:$0.00 14.5 Unemployment Insurance:$0.00 14.6 Worker's Compensation:$0.00 15.0 Total Personal Services (Sum of Lines 14.1 through 14.6):$0.00 Insurance 16.1 Fiduciary Insurance:$464.00 16.2 Surety Bonds:$0.00 16.3 Fidelity Bonds:$0.00 16.4 Liability:$0.00 16.5 Property:$0.00 17.0 Total Insurance Expense (Sum of Lines 16.1 through 16.5):$464.00 Wednesday, April 27, 2022 4:11 PM 3 Professional Services 18.1 Actuarial:$5,050.00 18.2 Auditing:$0.00 18.3 Accounting and Bookkeeping:$9,600.00 18.4 Medical:$0.00 18.5 Legal Expense:$0.00 18.6 Public Stenographer/Court Reporter:$0.00 19.0 Total Professional Services (Sum of Lines 18.1 through 18.6):$14,650.00 Investment Expense 20.1 Investment Manager/Adviser Fee:$22,530.14 20.2 Custodial:$1,302.64 20.3 Investment Research:$0.00 20.4 Safe Deposit and Bank Charges:$0.00 20.5 Broker Commissions:$0.00 20.6 Investment Expense (from detail):$0.00 20.7 Indirect Expenses (from detail):$0.00 21.0 Total Investment Expense (Sum of Lines 20.1 through 20.7):$23,832.78 Electronic Data Processing (EDP) 22.1 Equipment Purchases:$4,000.00 22.2 Supplies:$0.00 22.3 Professional Services:$0.00 22.4 Repairs and Maintenance:$0.00 22.5 Depreciation:$0.00 23.0 Total Electronic Data Processing (Sum of Lines 22.1 through 22.5):$4,000.00 Equipment 24.1 Equipment Purchases:$0.00 24.2 Equipment Repairs, Rental and Maintenance:$0.00 24.3 Depreciation:$0.00 25.0 Total Equipment Expense (Sum of Lines 24.1 through 24.3):$0.00 Wednesday, April 27, 2022 4:11 PM 4 Other 26.1 Conference/Seminar Fees:$0.00 26.2 Association Dues:$795.00 26.3 Travel:$0.00 26.4 Postage:$0.00 26.5 Printing:$0.00 26.6 Supplies:$84.09 26.7 Telecommunications:$0.00 26.8 Election Expense:$0.00 26.9 Education Expense:$0.00 26.10 State of Illinois Compliance Fee – Department of Insurance:$5,829.58 26.11 Other Expense (from detail):$591.58 Detail Text:Detail Amount: 26.11.1 MISCELLANEOUS $591.58 27.0 Total Other Expenses (Sum of Lines 26.1 through 26.11):$7,300.25 28.0 Total Administrative Expenses (Sum of Lines 15.0, 17.0, 19.0, 21.0, 23.0, 25.0, and 27.0):$50,247.03 29.0 Total Expenses (Sum of Lines 13.0 and 28.0):$3,399,803.15 30.0 Fund Balance (Difference of Lines 11.0 and 29.0):$34,201,516.41 Wednesday, April 27, 2022 4:11 PM 5 Assets Statement 31.1 Cash on Hand:$0.00 31.2 Deposits in Money Market, Checking, N.O.W., IL Fund, Repurchase Agreements, etc. (Total Balance End of Year from Schedule A): $1,867,595.96 Investments Actuarial Funding Value:Market Value: 32.1 Certificates of Deposit (Total Balance End of Year from Schedule B):$0.00 $0.00 32.2 State, Local and Corporate Obligations (Total Value from Schedule C3):$3,428,691.43 $3,433,062.32 32.3 U.S. Government and Agency Obligations (Total Value from Schedule D3):$5,241,177.40 $5,252,684.65 32.4 Insurance Company Contracts – General Accounts (Total Balance End of Year from Schedule E): $0.00 $0.00 32.5 Insurance Company Contracts – Separate Accounts (Total Balance End of Year from Schedule F): $23,873,431.37 $23,873,431.37 32.6 Pooled Investment Accounts (Total Balance End of Year from Schedule G):$0.00 $0.00 32.7 Common and Preferred Stocks (Total Balance End of Year from Schedule J3):$0.00 $0.00 32.8 Mutual Funds (Total Balance End of Year from Schedule K3):$0.00 $0.00 33.0 Total Investments (Sum of Lines 32.1 through 32.8):$32,543,300.20 $32,559,178.34 Receivables 34.1 Taxes Receivable:$0.00 34.2 Accrued Past Due Interest:$19,615.05 34.3 Salary Deductions:$0.00 34.4 Taxes Received – Not Distributed:$0.00 34.5 Due from Members for Prior Services:$34,298.54 34.6 Other Receivables (from detail):$0.00 35.0 Total Receivables (Sum of Lines 34.1 through 34.6):$53,913.59 36.0 Equipment:$0.00 37.0 Other Assets (from detail):$0.00 Actuarial Funding Value:Market Value: 38.0 Total Assets (Sum of Lines 31.1, 31.2, 33.0, 35.0, 36.0, and 37.0):$34,464,809.75 $34,480,687.89 Liabilities 39.1 Pensions and Benefits Due and Unpaid:$278,371.48 39.2 Expenses Due and Unpaid $800.00 Wednesday, April 27, 2022 4:11 PM 6 Liabilities 39.3 All Other Liabilities (from detail):$0.00 40.0 Total Liabilities (Sum of Lines 39.1 through 39.3):$279,171.48 Actuarial Funding Value:Market Value: 41.0 Net Present Assets, as per Balance (Difference of Lines 38.0 and 40.0):$34,185,638.27 $34,201,516.41 Wednesday, April 27, 2022 4:11 PM 7 Jenni Moser [Date] ANNUAL REPORT 2021 Board of Fire and Police Commission BOARD OF FIRE & POLICE COMMISSION Operating Under Council – Manager Government Since 1957 2021 Annual Report 1. Purpose of the Board The Board of Fire and Police Commissioners of the City of Galesburg, Illinois derives its power and authority from an act of the General Assembly entitled, “Division 2.1 Board of Fire and Police Commissioners,” of Chapter 65 of the Illinois Compiled Statutes. The Board of Fire and Police Commissioners of the City of Galesburg appoint all officers and members of the Fire and Police Departments of the municipality. The Commission conducts examinations for original appointments, promotions, and hearings on charges brought against a member of the Fire and Police Departments as set forth in the Commission’s Rules and Regulations, the ordinances and municipal budget of the City of Galesburg, the Fire Department Promotion Act and the current Collective Bargaining Agreements. 2. Members of the Board The Board of Fire and Police Commissioners consists of three members who are residents of Galesburg and are appointed by the Mayor. The term of office shall be three years and until their respective successors are appointed and have qualified. The following members comprise the City of Galesburg Board of Fire and Police Commissioners: Robert Fulton Thomas Peters Diane VanHootegem 3. Meetings During calendar year 2021, the Board held six regular meetings, one special meeting and five executive sessions. Agendas and minutes are available on the City of Galesburg’s website (www.ci.galesburg.il.us). 4. Board Accomplishments in 2021 A. Gabriel Trulson was sworn into office as a Police Patrol Officer on January 4, 2021. B. Firefighter Justin Moffitt was promoted to Fire Captain on January 25, 2021. BOARD OF FIRE & POLICE COMMISSION Operating Under Council – Manager Government Since 1957 C. Delbert Wells and Daniel Cervantez were sworn into office as Firefighters on February 22, 2021. D. The Board conducted Captain promotional testing for the Fire Department in April and May 2021. The current list will expire on May 13, 2024. E. Commissioner Peters attend the Illinois Fire and Police Commissioners Association Spring Seminar on Saturday, May 1, 2021. F. Matthew Howard was sworn into office as a Police Patrol Officer on June 7, 2021. G. Shane Countryman and Ricardo Torres were sworn into office as Police Patrol Officers on September 7, 2021. H. The Board conducted entry level testing for the Police Department in October 2021. Ten candidates completed the process. The current list is already exhausted and another testing cycle is scheduled for May 21, 2022. I. Commissioners Peters and VanHootegem attended the Illinois Fire and Police Commissioners Association Fall Seminar on Saturday, November 6, 2021. J. Eryn Pearson was sworn into office as a Police Patrol Officer on December 6, 2021. Respectfully submitted, Robert Fulton Chairman RF/ajj 04/14/2022 City of Galesburg Board of Fire and Police Commission 150 South Broad Street • Galesburg, IL 61401 • 309/345-3729 • www.ci.galesburg.il.us CITY CLERK’S OFFICE Operating Under Council – Manager Government Since 1957 TO: Mayor Schwartzman & City Council Members FROM: Kelli R. Bennewitz, City Clerk DATE: May 2, 2022 SUBJECT: Commission Reappointment COMMISSION TERM EXPIRES Fire & Police Commission Robert Fulton April 2024 22-6001 User: Printed:04/25/2022 - 2:35PM ABrown Transactions by Account Batch:00002.05.2022 Accounts Payable Account Number Vendor AmountDescription PO No Date 001-0000-10701-00 ESRI, Inc.2023 Portion of yearly ESRI Maintenance Contract 5/6/2022 4,703.00 000009217104/25/2022 001-0000-10801-00 Advance Auto Parts Oil filters 10.2204/25/2022 001-0000-10801-00 Napa Auto Parts Hose clamps 7.9004/25/2022 001-0000-10802-00 Herr Petroleum Corp 7,700 Gal reg n/l ethanol 25,109.16 000009209804/25/2022 001-0000-31120-00 Karen Paton Refund - permanent pet registration - 2 cats 30.0004/25/2022 29,860.28Subtotal for Divison: 0000 001-0105-61000-00 Marnic, Inc.Magnet name tag - D White 25.0004/25/2022 25.00Subtotal for Divison: 0105 001-0110-61000-00 Office Specialists, Inc.Pens, post-it notes 20.4204/25/2022 001-0110-61000-00 Office Specialists, Inc.Paper 41.9904/25/2022 001-0110-61700-00 Office Specialists, Inc.Council work station equipment - City Manager 1,694.0004/25/2022 1,756.41Subtotal for Divison: 0110 001-0115-51000-00 Knox County Recorders Office 03/22 Laredo 21.2704/25/2022 001-0115-51000-00 SpringbrookSoftware LLC 03/22 CivicPay PayPad Transaction Fee 35.0004/25/2022 56.27Subtotal for Divison: 0115 001-0120-56506-00 Flexible Benefit Service LLC 03/22 Service 75.0004/25/2022 75.00Subtotal for Divison: 0120 001-0145-51000-00 In Demand Electronic Court Reporting Inc Court reporting - J Thurman 644.4004/25/2022 001-0145-51000-00 D&S Private Detective, Inc Paper Process Service - P Berg 81.0004/25/2022 001-0145-51000-00 D&S Private Detective, Inc Paper Process Service - K Talbert 70.5004/25/2022 001-0145-51000-00 D&S Private Detective, Inc Paper Process Service - M Banderas 70.5004/25/2022 001-0145-51010-00 Statham & Long, LLC 03/22 Adjudication 243.0004/25/2022 1,109.40Subtotal for Divison: 0145 001-0160-51500-00 Gatehouse Media Notice to bidders #20710 660.0804/25/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 1 22-8008 Account Number Vendor AmountDescription PO No Date 001-0160-59520-00 Chantiara Jackson Stipend - 4/18/22 Youth Commission Meeting 30.0004/25/2022 001-0160-59520-00 Precious Dortch Stipend - 4/4/22 City Council Meeting 30.0004/25/2022 001-0160-59520-00 Joy Basosa-Nzumba Stipend - 4/14/22 Youth Commission Meeting 30.0004/25/2022 001-0160-59520-00 Eciel Burns Stipend - 04/14/22 Youth Commission Meeting 30.0004/25/2022 001-0160-59520-00 Zakary Warfield Stipend - 04/14/22 Youth Commission Meeting 30.0004/25/2022 001-0160-59520-00 Precious Dortch Stipend - 4/14/22 Youth Commission Meeting 30.0004/25/2022 001-0160-59523-00 Galesburg Downtown Council Replacement Tax Payment FY 2022 13,041.3604/25/2022 13,881.44Subtotal for Divison: 0160 001-0205-51000-00 SpringbrookSoftware LLC 03/22 CivicPay PayPad Transaction Fee 79.5004/25/2022 79.50Subtotal for Divison: 0205 001-0305-61000-00 Office Specialists, Inc.Binder clips 7.9904/25/2022 001-0305-61000-00 Office Specialists, Inc.Scissors, business cards 84.9104/25/2022 001-0305-61000-00 Office Specialists, Inc.Paper 20.6104/25/2022 113.51Subtotal for Divison: 0305 001-0306-51000-00 Knox County Recorders Office 03/22 Laredo 21.2704/25/2022 001-0306-51000-00 SpringbrookSoftware LLC 03/22 CivicPay PayPad Transaction Fee 4.2504/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 721 Mulberry 316.5104/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 820 E Fifth St 476.2604/25/2022 001-0306-55400-00 Kendall Zimmerman Relocate firewood - 247 W Second St 100.0004/25/2022 001-0306-55400-00 Kendall Zimmerman Couch removal - 376 N Broad St 48.0004/25/2022 001-0306-55400-00 Kendall Zimmerman Trash and debris removal - 525 Mathews St 158.0004/25/2022 001-0306-55400-00 Kendall Zimmerman Outside storage removal - 268 Pine St 597.0404/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 359 S Henderson 395.0104/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 650 Monmouth Blvd 408.5104/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 314 S Henderson St 381.5104/25/2022 001-0306-55400-00 Kendall Zimmerman Broken table and trash removal - 683 Day 48.0004/25/2022 001-0306-55400-00 Kendall Zimmerman Call out fee - 348 E Third St 30.0004/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 618 Michigan Ave 472.7604/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 526 W South St 776.3304/25/2022 001-0306-55400-00 Kendall Zimmerman Trash and debris removal - 914 S Kellogg St 73.0004/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 683 Day 381.5104/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 1150 W Carl Sandburg Dr 567.5804/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 1214 E Berrien 607.4504/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 1409 E Main St 646.3304/25/2022 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services - 599 E Brooks 330.0104/25/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 2 Account Number Vendor AmountDescription PO No Date 001-0306-55400-00 Kendall Zimmerman Trash, mattress, couch removal - 267 N Henderson St 158.0004/25/2022 001-0306-62500-00 Advance Auto Parts Brake pads #408 47.4404/25/2022 7,044.77Subtotal for Divison: 0306 001-0410-51000-00 SpringbrookSoftware LLC 03/22 CivicPay PayPad Transaction Fee 4.2504/25/2022 001-0410-51000-00 Knox County Recorders Office 03/22 Laredo 21.2704/25/2022 001-0410-55800-00 ESRI, Inc.2022 Portion of yearly ESRI Maintenance Contract 5/6/2022 9,440.00 000009217104/25/2022 9,465.52Subtotal for Divison: 0410 001-0445-55000-00 Municipal Fleet Managers Association 2022 Annual dues 30.0004/25/2022 001-0445-55700-00 Four Seasons Pest Control 03/22 Service 20.0004/25/2022 001-0445-57500-00 Aramark Uniform Serv. Inc.04/22 Service 60.8404/25/2022 001-0445-57500-00 Aramark Uniform Serv. Inc.04/22 Service 60.8404/25/2022 001-0445-62500-00 Advance Auto Parts Tie rod end #162 78.4304/25/2022 001-0445-62500-00 Ford of Galesburg TPMS sensor #162 62.7104/25/2022 001-0445-62500-00 Napa Auto Parts Sway bar link #162 94.4204/25/2022 407.24Subtotal for Divison: 0445 001-0450-55700-00 Grainger, Inc.Upright frame 486.9004/25/2022 001-0450-55700-00 Thompson Electronics Company Annual Fire Alarm Monitoring 400.0004/25/2022 001-0450-55700-00 Thompson Electronics Company Annual Fire Alarm Monitoring 440.0004/25/2022 001-0450-61000-00 Grainger, Inc.Binder sheets, binder holder 58.0204/25/2022 001-0450-62500-00 Ford of Galesburg Seal #301 73.5004/25/2022 001-0450-62500-00 Martin Equipment of Illinois, Inc.Cutting edges #122 720.6404/25/2022 001-0450-62500-00 Galesburg Welding, Inc Round stock #301 37.2904/25/2022 001-0450-65000-00 Office Specialists, Inc.Paper towels 131.8904/25/2022 001-0450-65000-00 Office Specialists, Inc.Dish soap, paper towels, trash liners 121.1904/25/2022 001-0450-65000-00 Office Specialists, Inc.Paper towels 25.7504/25/2022 001-0450-65500-00 Galesburg Electric, Inc.Lights, supplies for workbench 279.8104/25/2022 001-0450-66500-00 Grainger, Inc.Flammable safety cabinet 774.5404/25/2022 001-0450-67500-00 Reflective Apparel Factory, Inc.T-shirts, hats, waterproof pants 920.4604/25/2022 001-0450-67500-00 JR Knaack Prescription safety glasses reimbursement 265.2004/25/2022 4,735.19Subtotal for Divison: 0450 001-0505-51000-00 Stephen L Woody Polygraph exam 150.0004/25/2022 001-0505-51500-00 Gatehouse Media Police application #00105700 - Acct #20712 90.0004/25/2022 240.00Subtotal for Divison: 0505 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 3 Account Number Vendor AmountDescription PO No Date 001-0510-51000-00 Bridgeway Training Services Secure document destruction - 134 lbs 26.8004/25/2022 001-0510-51000-00 Animal Medical Center Wellness examination - Zeus 76.2504/25/2022 001-0510-52300-00 Ferrellgas Co.Bulk propane - 95.4 gal 440.7804/25/2022 001-0510-54500-00 Allison Buccalo 5 Meals - class - East Moline, IL - A Buccalo 35.0004/25/2022 001-0510-54500-00 Blake Carr 5 Meals - class - East Moline, IL - B Carr 35.0004/25/2022 001-0510-54500-00 North East Multi-Regional Training Juvenile Specialist Skills Program - A Harpin, N Wooters 150.0004/25/2022 001-0510-54500-00 Jake M Medhurst 5 Meals - East Moline, IL class - J Medhurst 35.0004/25/2022 001-0510-55500-00 Glass Specialty Inc Windshield replacement #5 405.0004/25/2022 001-0510-55500-00 Supreme Radio Communications, Inc.Lightbar programming 90.0004/25/2022 001-0510-55500-00 Supreme Radio Communications, Inc.Program portables - Units 201 and 202 90.0004/25/2022 001-0510-55500-00 Supreme Radio Communications, Inc.Equipment installation and programming 375.0004/25/2022 001-0510-55700-00 Four Seasons Pest Control 04/22 Service 20.0004/25/2022 001-0510-61000-00 Badge Frame, Inc Retirement name plate - Sweeney 20.0004/25/2022 001-0510-61000-00 Office Specialists, Inc.Chair mat 114.2904/25/2022 001-0510-61000-00 Office Specialists, Inc.Foam cups 66.2204/25/2022 001-0510-61700-00 Supreme Radio Communications, Inc.Earpieces 624.8104/25/2022 001-0510-61700-00 Supreme Radio Communications, Inc.Lapel microphone - Trulson 116.8004/25/2022 001-0510-62500-00 Ford of Galesburg Axle sensor #20 22.2504/25/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Credit - strike platforms -32.3804/25/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Pant 100% POLY HIDDN PKT DN 52 HE to 30 inseem -58.49 000009211404/25/2022 001-0510-67500-00 Midwest Uniform Supply, Inc Polo shirts - B Ingles 96.7204/25/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Belt- SAM BROWN- PL BLK NLK 34 68.27 000009211404/25/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Short sleeve shirt, long sleeve shirt, streetshirt - J Taylor 237.7504/25/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Outer vest carrier - J Shaw 233.1504/25/2022 001-0510-67500-00 Midwest Uniform Supply, Inc Polo shirts, sweatshirts - J Gaard 106.3204/25/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Armorskinbase Poly LS Dn L31 46.75 000009211404/25/2022 001-0510-69000-00 ACME Sports, Inc.30 cases of Sig Sauer 223 REM 55 gr. elite ball rounds 500 round 7,325.00 000009200104/25/2022 10,766.29Subtotal for Divison: 0510 001-0550-61000-00 Office Specialists, Inc.Manila folders 29.5304/25/2022 001-0550-61000-00 Office Specialists, Inc.Paper, envelopes, screen cleaning wipes 241.9804/25/2022 001-0550-85500-00 Knox County Sheriff's Department 04/22 Share of Ambulance Service 674.8204/25/2022 946.33Subtotal for Divison: 0550 001-0605-51000-00 Berg's Towing & Auto, Inc.Winch out service 350.0004/25/2022 001-0605-51000-00 Julie Bacon Engraved plate - FF of the Year - TJ Scott 37.2504/25/2022 001-0605-55000-00 Central Illinois Fire Chiefs Association 2022 Membership renewal - Hovind 10.0004/25/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 4 Account Number Vendor AmountDescription PO No Date 001-0605-55500-00 K & G Truck Repair, Inc Unit 52 - Delete System 2,430.00 000009217204/25/2022 001-0605-55500-00 K & G Truck Repair, Inc Unit #54 Delete System 2,070.00 000009217304/25/2022 001-0605-55500-00 Alexis Fire Equipment Co., Inc.Rebuild ziamatic ladder rack 1,540.0004/25/2022 001-0605-55700-00 Four Seasons Pest Control 03/22 Service 20.0004/25/2022 001-0605-55700-00 Four Seasons Pest Control 03/22 Service 20.0004/25/2022 001-0605-55700-00 Four Seasons Pest Control 04/22 Service 20.0004/25/2022 001-0605-55700-00 Four Seasons Pest Control 03/22 Service 20.0004/25/2022 001-0605-61700-00 Southern Computer Warehouse IPad pencil 99.6104/25/2022 001-0605-62500-00 Advance Auto Parts Batteries #52 340.2604/25/2022 001-0605-62500-00 K & G Truck Repair, Inc Unit #54 Delete System 3,448.52 000009217304/25/2022 001-0605-62500-00 K & G Truck Repair, Inc Unit 52 - Delete System 3,962.51 000009217204/25/2022 001-0605-65000-00 Office Specialists, Inc.Gloves, disinfectant, paper towels, laundry detergent 358.9504/25/2022 001-0605-65000-00 Office Specialists, Inc.Paper towels 28.7604/25/2022 001-0605-65000-00 Office Specialists, Inc.Bath tissue, disinfectant, paper towels 56.2904/25/2022 001-0605-65500-00 Alexis Fire Equipment Co., Inc.Material to paint and rebuild ziamatic ladder rack 1,362.8804/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Ball cap - B Caruana 15.0004/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Nike Polo w/ logo - T Scott 45.00 000009206204/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc 5.11 Fast Tac Urban EMS Pants - J Cypert 79.98 000009206204/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Turtleneck jobshirt - D Clayton 74.9904/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc 5.11 Taclite EMS Pants - T Scott 59.99 000009206204/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Polo shirt - D Clayton 90.0004/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Polo shirt - B Gleason 235.0004/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Polo shirt - M Carlson 135.0004/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc 5.11 Fast Tac Urban EMS Pants - A ODaniel 79.98 000009206204/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Nike Polo w/ logo - M Carlson 45.00 000009206204/25/2022 001-0605-67500-00 Ray O'Herron Co., Inc.Promotion badges, collar brass, name bar - D Clayton 206.7404/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Nike Polo w/ logo - A ODaniel 90.00 000009206204/25/2022 001-0605-67500-00 Municipal Emergency Services, Inc Parkas, responder name tags 1,050.0004/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Polo shirt - N Morrissey 45.0004/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Rip stop pants, ems pants - D Wells 119.9804/25/2022 001-0605-67500-00 Ray O'Herron Co., Inc.Gold name bar - D Clayton 14.6304/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc 5.11 Tactical Series Job Shirt - turtleneck - A ODaniel 74.99 000009206204/25/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Polo shirt, turtleneck jobshirt - D Cervantez 164.9904/25/2022 18,801.30Subtotal for Divison: 0605 Subtotal for Fund 001 99,363.45 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 5 Account Number Vendor AmountDescription PO No Date 011-0000-66000-00 Galesburg Builders Supply, Inc.High performance patching mix for 2022 216.50 000009208804/25/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.High performance patching mix for 2022 1,741.8804/25/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.High performance patching mix for 2022 625.44 000009208804/25/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.High performance patching mix for 2022 363.66 000009208804/25/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.High performance patching mix for 2022 224.99 000009208804/25/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.Portland Cement - PP2 mix for 2022 1,638.00 000009209104/25/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.Portand Cement Concrete for 2022 117.50 000009208904/25/2022 4,927.97Subtotal for Divison: 0000 Subtotal for Fund 011 4,927.97 013-0000-83100-00 Bruner, Cooper and Zuck, Inc.Preparation of Bid Documents and Construction Engineering 1,048.15 000009200704/25/2022 1,048.15Subtotal for Divison: 0000 Subtotal for Fund 013 1,048.15 014-0000-55700-00 Four Seasons Pest Control 03/22 Service 20.0004/25/2022 014-0000-64500-00 Galesburg Electric, Inc.Silicone test leads, aerosol oil, wrench, band saw blades, etc 136.8904/25/2022 014-0000-64500-00 Galesburg Electric, Inc.Hole saw, tie cables 433.0004/25/2022 014-0000-64500-00 Grainger, Inc.Speed control valve 38.9004/25/2022 014-0000-64500-00 Grainger, Inc.Sand blaster filter 258.0204/25/2022 014-0000-64500-00 Potters Industries, LLC Glass beads - 12,000 lbs 4,656.0004/25/2022 014-0000-66000-00 Galesburg Builders Supply, Inc.Controlled Low Strength Material (CLSM) for 2022 730.00 000009209204/25/2022 014-0000-66000-00 Galesburg Builders Supply, Inc.Controlled Low Strength Material (CLSM) for 2022 163.86 000009209204/25/2022 014-0000-66000-00 Galesburg Builders Supply, Inc.Reinforcement bars 70.0004/25/2022 014-0000-66500-00 Sherwin Williams Co.Laser for paint striper 715.0004/25/2022 7,221.67Subtotal for Divison: 0000 Subtotal for Fund 014 7,221.67 016-0000-67500-00 Hafkey Business Solutions GHS Project Graduation t-shirts 1,576.8004/25/2022 1,576.80Subtotal for Divison: 0000 Subtotal for Fund 016 1,576.80 018-0000-62500-00 Advance Auto Parts Thread lock #125 22.8004/25/2022 22.80Subtotal for Divison: 0000 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 6 Account Number Vendor AmountDescription PO No Date Subtotal for Fund 018 22.80 019-0000-10701-00 Johnson Controls Fire Protection LP 01/23 - 4/23 Sprinkler service 256.2804/25/2022 019-0000-10701-00 Johnson Controls Fire Protection LP 01/23 - 4/23 Sprinkler service 141.5204/25/2022 397.80Subtotal for Divison: 0000 019-1905-59528-00 Galesburg Community Foundation 02/22 2% Hotel/Motel Taxes 20,248.8804/25/2022 019-1905-59537-00 Knox Civic Center Authority 02/22 Hotel/Motel Taxes 10,657.2904/25/2022 30,906.17Subtotal for Divison: 1905 019-1910-55700-00 Otis Elevator Co.Otis repaired leaking vic fittings on elevator piping at City 6,600.00 000009214904/25/2022 019-1910-65000-00 Office Specialists, Inc.Urinal freshener 90.1904/25/2022 019-1910-66000-00 Galesburg Electric, Inc.Light bulbs 31.9004/25/2022 019-1910-66000-00 Galesburg Electric, Inc.Light bulbs 53.5004/25/2022 6,775.59Subtotal for Divison: 1910 019-1911-55700-00 Four Seasons Pest Control 03/22 Service 30.0004/25/2022 019-1911-55700-00 Ameilia F Fort Carpet cleaning service - auditorium 375.0004/25/2022 019-1911-55700-00 Howe Overhead Doors, Inc.Garage door and entry door install - employee parking lot 3,750.0004/25/2022 019-1911-55700-00 Johnson Controls Fire Protection LP 05/22 - 12/22 Sprinkler service 283.0504/25/2022 019-1911-57500-00 Aramark Uniform Serv. Inc.04/22 Service 61.5504/25/2022 019-1911-57500-00 Aramark Uniform Serv. Inc.04/22 Service 61.5504/25/2022 019-1911-65000-00 Office Specialists, Inc.Dust pan, urinal mats, trash liners 191.4504/25/2022 019-1911-65000-00 Office Specialists, Inc.Urinal freshener 90.1804/25/2022 4,842.78Subtotal for Divison: 1911 019-1915-55700-00 Johnson Controls Fire Protection LP 05/22 - 12/22 Sprinkler service 512.5404/25/2022 019-1915-55700-00 Johnson Controls Security Solutions 05/22 - 7/22 Recurring service 320.5304/25/2022 019-1915-55700-00 Four Seasons Pest Control 04/22 Service 30.0004/25/2022 019-1915-55700-00 Four Seasons Pest Control 04/22 Service 40.0004/25/2022 019-1915-55700-00 Four Seasons Pest Control 03/22 Service 30.0004/25/2022 019-1915-57500-00 Aramark Uniform Serv. Inc.04/22 Service 50.4604/25/2022 019-1915-57500-00 Aramark Uniform Serv. Inc.04/22 Service 50.4604/25/2022 019-1915-62500-00 Martin, Inc Fuel filter #539 14.7504/25/2022 019-1915-62500-00 Nichols Diesel Service, Inc.Door handle #509 270.7304/25/2022 019-1915-62500-00 Nichols Diesel Service, Inc.Elbow #509 14.9904/25/2022 019-1915-62500-00 Martin, Inc Fuel filter #539 63.5904/25/2022 019-1915-62500-00 A C McCartney Farm Equip Inc Spacer #523 298.2604/25/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 7 Account Number Vendor AmountDescription PO No Date 019-1915-62500-00 Advance Auto Parts Fuel pump #580 130.0404/25/2022 019-1915-62500-00 Advance Auto Parts Fuel pump return #580 -130.0404/25/2022 019-1915-62500-00 Advance Auto Parts Fuel filter #580 2.4404/25/2022 019-1915-62500-00 Advance Auto Parts Hydraulic filter #539 15.0304/25/2022 019-1915-62500-00 Advance Auto Parts Oil filter #520 8.3804/25/2022 019-1915-62500-00 Advance Auto Parts Fuel pump, fuel filter #580 135.5604/25/2022 019-1915-62500-00 Advance Auto Parts Fuel filter #510 6.9204/25/2022 019-1915-62500-00 Advance Auto Parts Oil filter #510 3.8404/25/2022 019-1915-62500-00 Advance Auto Parts Battery #510 116.5704/25/2022 019-1915-62510-00 Herr Petroleum Corp 170.10 Gal diesel #2, 229.7 gal reg unleaded 1,586.40 000009210304/25/2022 3,571.45Subtotal for Divison: 1915 019-1920-55700-00 Four Seasons Pest Control 04/22 Service 20.0004/25/2022 019-1920-57500-00 Aramark Uniform Serv. Inc.04/22 Service 29.0304/25/2022 019-1920-57500-00 Aramark Uniform Serv. Inc.04/22 Service 29.0304/25/2022 019-1920-61000-00 Office Specialists, Inc.Paper, toner 254.1604/25/2022 019-1920-62510-00 Herr Petroleum Corp 49.5 Gal diesel #2, 143 gal reg unleaded 736.99 000009210404/25/2022 019-1920-63500-00 Winfield Solutions, LLC Misc chemicals 245.7004/25/2022 019-1920-64000-00 HORNUNG'S GOLF PRODUCTS, INC Leather gloves 760.9104/25/2022 019-1920-64000-00 SRIXON/Cleveland Golf/XXIO Golf clubs 626.1904/25/2022 019-1920-64000-00 Ouray Sportsware Golf caps 446.0004/25/2022 019-1920-64000-00 Ouray Sportsware Hooded sweatshirts, golf caps 852.0004/25/2022 019-1920-64000-00 Ouray Sportsware Hooded sweatshirts, t-shirts, golf caps 1,650.0004/25/2022 019-1920-64125-00 Atlantic Coca-Cola Misc concessions 134.2604/25/2022 019-1920-64125-00 Atlantic Coca-Cola Misc concessions 313.2604/25/2022 019-1920-64125-00 Smithfield Direct, LLC Misc concessions 119.7004/25/2022 019-1920-64125-00 SRIXON/Cleveland Golf/XXIO Golf balls 195.9604/25/2022 019-1920-64125-00 Office Specialists, Inc.Napkins 44.8404/25/2022 019-1920-65000-00 Office Specialists, Inc.Trash liners 38.1504/25/2022 019-1920-65500-00 Midstate Manufacturing, Inc.Hose assembly, misc materials 62.7704/25/2022 6,558.95Subtotal for Divison: 1920 019-1925-64000-00 The Home City Ice Company 7 lbs bagged ice 250.1004/25/2022 250.10Subtotal for Divison: 1925 019-1935-55700-00 Four Seasons Pest Control 04/22 Service 35.0004/25/2022 019-1935-57500-00 Aramark Uniform Serv. Inc.04/22 Service 230.4204/25/2022 019-1935-57500-00 Aramark Uniform Serv. Inc.04/22 Service 230.4204/25/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 8 Account Number Vendor AmountDescription PO No Date 495.84Subtotal for Divison: 1935 019-1940-51400-00 Andrew Newhall Disc Golf Putting League Coordinator 9.0004/25/2022 019-1940-51400-00 Andrew Newhall Disc Golf Putting League Coordinator 15.0004/25/2022 019-1940-54500-00 American Red Cross Lifeguard training - A Franzen 82.0004/25/2022 019-1940-56000-00 Community School District 205 Gym rental 2/13/22 and 2/13/22 660.0004/25/2022 766.00Subtotal for Divison: 1940 019-1945-55700-00 Four Seasons Pest Control 04/22 Service 20.0004/25/2022 019-1945-65000-00 Office Specialists, Inc.Paper towels, toilet paper 50.5404/25/2022 70.54Subtotal for Divison: 1945 019-1950-55700-00 Four Seasons Pest Control 04/22 Service 25.0004/25/2022 25.00Subtotal for Divison: 1950 019-1955-55700-00 Four Seasons Pest Control 04/22 Service 15.0004/25/2022 019-1955-65000-00 Office Specialists, Inc.Rubber gloves, lysol 67.7704/25/2022 019-1955-65000-00 Office Specialists, Inc.Toilet cleaner, trash liners, paper towels 50.1204/25/2022 132.89Subtotal for Divison: 1955 019-1960-55700-00 Four Seasons Pest Control 04/22 Service 15.0004/25/2022 15.00Subtotal for Divison: 1960 019-1965-55700-00 Four Seasons Pest Control 03/22 Service 20.0004/25/2022 019-1965-57500-00 Aramark Uniform Serv. Inc.04/22 Service 34.8304/25/2022 019-1965-57500-00 Aramark Uniform Serv. Inc.04/22 Service 34.8304/25/2022 019-1965-62500-00 Pomp's Tire - Galesburg 4 tires #583 354.0004/25/2022 019-1965-62500-00 Galesburg Welding, Inc Steel #583 24.4004/25/2022 468.06Subtotal for Divison: 1965 019-1975-55700-00 Jimax Corp.2022 Spring Brush Clean Up (Forestry Portion) 17,165.75 000009213804/25/2022 019-1975-62500-00 Drake Scruggs Equipment, Inc Hose cover #103 381.3404/25/2022 17,547.09Subtotal for Divison: 1975 Subtotal for Fund 019 72,823.26 020-0000-62500-00 Pomp's Tire - Galesburg 3 tires #356 244.5004/25/2022 020-0000-62500-00 Advance Auto Parts Oil filters #356 7.6804/25/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 9 Account Number Vendor AmountDescription PO No Date 252.18Subtotal for Divison: 0000 Subtotal for Fund 020 252.18 023-0000-51500-00 Gatehouse Media Notice to bidders #20710 109.1204/25/2022 109.12Subtotal for Divison: 0000 Subtotal for Fund 023 109.12 024-0000-55700-00 Dowers Roofing, Inc.Repairs to City owned house - 659 Knox Rd 1440 N 1,385.0004/25/2022 024-0000-83100-00 Community School District 205 Skills USA Program 2,900.00 000009217504/25/2022 024-0000-83100-00 Community School District 205 Skills USA Program 443.73 000009217504/25/2022 024-0000-83100-00 Community School District 205 Skills USA Program 606.00 000009217504/25/2022 024-0000-88300-00 Breslin's Floor Covering, Inc 05/22 Parking lot lease 570.3204/25/2022 5,905.05Subtotal for Divison: 0000 Subtotal for Fund 024 5,905.05 030-0000-10701-00 Johnson Controls Fire Protection LP 01/23 - 4/23 Fire alarm monitoring 126.6704/25/2022 126.67Subtotal for Divison: 0000 030-0320-51500-00 Gatehouse Media Notice of public hearing #23264 306.2803/31/2022 030-0320-55700-00 Johnson Controls Fire Protection LP 04/22 - 12/22 Fire alarm monitoring 253.3304/25/2022 030-0320-61000-00 Office Specialists, Inc.Envelopes, markers 26.6904/25/2022 030-0320-61000-00 Office Specialists, Inc.Envelopes 18.9904/25/2022 030-0320-62510-00 Herr Petroleum Corp 199.10 Gal reg unleaded 666.17 000009210104/25/2022 030-0320-62510-00 Herr Petroleum Corp 180.2 Gal reg unleaded 606.63 000009210104/25/2022 030-0320-62510-00 Herr Petroleum Corp 151.7 Gal reg unleaded 507.58 000009210104/25/2022 030-0320-62510-00 Herr Petroleum Corp 190.2 Gal reg unleaded 697.93 000009210104/25/2022 030-0320-62510-00 Herr Petroleum Corp 168.4 Gal reg unleaded 563.46 000009210104/25/2022 030-0320-62510-00 Herr Petroleum Corp 149.5 Gal reg unleaded 503.27 000009210104/25/2022 030-0320-65000-00 Office Specialists, Inc.Paper towels 35.3504/25/2022 4,185.68Subtotal for Divison: 0320 030-0370-51000-00 Galesburg Termite & Pest Control Inc Semi monthly service 45.0004/25/2022 030-0370-51500-00 Gatehouse Media Notice of public hearing #23264 284.0203/31/2022 030-0370-57500-00 Cintas, Inc 04/22 Service 177.0104/25/2022 030-0370-57500-00 Cintas, Inc 04/22 Service 153.6504/25/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 10 Account Number Vendor AmountDescription PO No Date 030-0370-62500-00 Gillig Tube asm, fuel fill, etc 485.2104/25/2022 030-0370-62500-00 Gillig Hose assemblies 133.6304/25/2022 030-0370-62500-00 Gillig Convex mirrors 134.1904/25/2022 030-0370-62510-00 Herr Petroleum Corp 367.5 Gal diesel #2 1,512.46 000009210104/25/2022 030-0370-62510-00 Herr Petroleum Corp 121.8 Gal diesel #2 483.12 000009210104/25/2022 030-0370-62510-00 Herr Petroleum Corp 233.10 Gal diesel #2 1,039.38 000009210104/25/2022 030-0370-65500-00 O'Reilly Auto Parts KwikWeld 9.9904/25/2022 030-0370-65500-00 O'Reilly Auto Parts Tarminator 17.9804/25/2022 030-0370-65500-00 Napa Auto Parts Copper antisieze 15.2704/25/2022 030-0370-65500-00 O'Reilly Auto Parts Anti seize 10.9904/25/2022 030-0370-66500-00 O'Reilly Auto Parts JB weld 8.4904/25/2022 030-0370-67500-00 O'Reilly Auto Parts Gloves 59.9804/25/2022 030-0370-67500-00 Ron Larson Safety glasses reimbursement 195.0004/25/2022 4,765.37Subtotal for Divison: 0370 Subtotal for Fund 030 9,077.72 049-0000-51000-00 Bruner, Cooper and Zuck, Inc.03/22 Consulting services 800.0004/25/2022 800.00Subtotal for Divison: 0000 Subtotal for Fund 049 800.00 053-0000-51000-00 US Sterling Capital Corp., Inc.Foresight Bank 245.0004/25/2022 245.00Subtotal for Divison: 0000 Subtotal for Fund 053 245.00 057-0000-51000-00 US Sterling Capital Corp., Inc.First National Bank 245.0004/25/2022 245.00Subtotal for Divison: 0000 Subtotal for Fund 057 245.00 058-0000-51000-00 US Sterling Capital Corp., Inc.American Investor Bank & Mortgage 185.9304/25/2022 185.93Subtotal for Divison: 0000 Subtotal for Fund 058 185.93 061-0000-20101-00 MADISON SHERMAN Refund Check 058724-000, 1571 CLAY ST 80.1404/19/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 11 Account Number Vendor AmountDescription PO No Date 061-0000-20101-00 ARGYLE LYDIC Refund Check 048689-001, 499 FRANKLIN AVE 98.2404/19/2022 061-0000-20101-00 ANDREA KALB ESTATE Refund Check 056054-001, 138 SEMINOLE DR 100.2504/19/2022 061-0000-20101-00 SHIRLEY KRUGER Refund Check 051175-003, 1081 W BERRIEN ST 90.7904/13/2022 061-0000-20101-00 SIERRA OROZCO Refund Check 063142-000, 1077 HAWKINSON AVE 4 47.4004/13/2022 061-0000-20101-00 SENECA COMPANIES INC Refund of water meter deposit 420.8504/25/2022 061-0000-20101-00 MARILYN SARGENT Refund Check 047903-000, 865 E FIFTH ST 70.5704/13/2022 061-0000-20101-00 BRYAN LUEDTKE Refund Check 053289-000, 805 S FARNHAM ST 65.2104/22/2022 061-0000-20101-00 TODD LIVELY Refund Check 061569-000, 653 LINCOLN ST 100.6204/19/2022 061-0000-20101-00 FREDERICK E & VIRGINIA A MIDDAUGH MIDDAUGH LIVING TRUSTRefund Check 014062-000, 1899 PATTERSON DR 2.5704/13/2022 061-0000-20101-00 GLENN LEVINSON Refund Check 047699-000, 917 W NORTH ST 29.5804/13/2022 061-0000-20101-00 JACOB RUNGE Refund Check 051088-001, 845 W GROVE ST 107.5704/13/2022 061-0000-20101-00 MARIE MCELVAINE Refund Check 016922-000, 371 KINGS CANYON BLVD 21.3504/19/2022 061-0000-20101-00 DESTINY PINK Refund Check 061972-000, 1051 MULBERRY ST 96.2004/13/2022 061-0000-20101-00 STEPHEN KRAEMER Refund Check 058459-001, 343 E SECOND ST 107.0304/19/2022 061-0000-20101-00 KAREN MCCORMICK Refund Check 053892-001, 70 IMPERIAL DR 60.0304/19/2022 061-0000-20101-00 CARL PRESLEY Refund Check 056600-000, 2091 MCMASTERS AVE 45.6904/13/2022 061-0000-20101-00 ADAM WHITLATCH Refund Check 062429-004, 818 OLIVE ST 48.0404/19/2022 061-0000-20101-00 JOSEPH VEILE Refund Check 058911-000, 382 JUSTIN DR 74.8304/19/2022 061-0000-20101-00 RICHARD FREESTON II Refund Check 024658-002, 535 BURGLAND AVE 57.8704/19/2022 061-0000-20101-00 WANDA COLLIER Refund Check 013636-000, 810 PARK VIEW RD 18.2404/19/2022 061-0000-20101-00 COTTAGE MEDICAL PLAZA Refund Check 006950-005, 834 N SEMINARY ST 4.5704/19/2022 061-0000-20101-00 COTTAGE PROFESSIONAL BLDG Refund Check 006230-006, 765 N KELLOGG ST 60.4204/19/2022 061-0000-20101-00 ADVANCED SERVICES INC Refund Check 060074-000, 127 N CHERRY ST 93.9204/19/2022 061-0000-20101-00 LINDA ASBURY Refund Check 018950-070, 750 CLARK ST 107.0304/19/2022 061-0000-20101-00 LAURA APPELL Refund Check 006245-007, 1480 ROCK ISLAND AVE 76.3904/19/2022 061-0000-20101-00 COTTAGE PROFESSIONAL BLDG Refund Check 006230-005, 765 N KELLOGG ST 7.1904/19/2022 061-0000-20101-00 TERESA HAYDEN Refund Check 005055-002, 1174 N SEMINARY 24.0204/25/2022 061-0000-20101-00 JAMES ESTERS Refund Check 058975-002, 1573 WILLARD ST 83.7804/25/2022 061-0000-20101-00 EVELYN FAUST Refund Check 064231-000, 1384 MAPLE AVE 93.9204/25/2022 061-0000-20101-00 JASON FLEMING Refund Check 047175-003, 1453 BEECHER AVE 87.2204/25/2022 061-0000-20101-00 JAMES DROKE Refund Check 018661-002, 1796 E MAIN ST 75.3704/22/2022 061-0000-20101-00 JENNIFER FLOWERS Refund Check 053579-000, 1413 W MAIN ST 162.0504/19/2022 061-0000-20101-00 VICTOR DANTAS Refund Check 063107-002, 393 N CEDAR ST 66.3804/19/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 14.0004/25/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 18.0004/25/2022 061-0000-51000-00 SpringbrookSoftware LLC 03/22 CivicPay PayPad Transaction Fee 159.0004/25/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 500.0004/25/2022 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 12 Account Number Vendor AmountDescription PO No Date 061-0000-51000-00 Knox County Recorders Office 03/22 Laredo 21.2704/25/2022 061-0000-51000-00 Credit Collection Partners 03/22 Service 122.7404/25/2022 061-0000-51000-00 Great Eastern Mgmt., Inc.KS State Bank 200.0004/25/2022 061-0000-51500-00 Sebis Direct Inc 03/22 UB printing costs 776.8904/25/2022 061-0000-51500-00 Gatehouse Media Notice to bidders #20710 150.4604/25/2022 061-0000-52300-00 Nicor Gas 03/22 Heat #14511554116 2,624.2103/31/2022 061-0000-55700-00 Four Seasons Pest Control 03/22 Service 30.0004/25/2022 061-0000-55700-00 Four Seasons Pest Control 02/22 Service 55.0004/25/2022 061-0000-55700-00 Four Seasons Pest Control 03/22 Service 55.0004/25/2022 061-0000-65000-00 Office Specialists, Inc.Dust mop head, paper towels, sponges 94.6804/25/2022 061-0000-65500-00 Sidener Environmental Service, Inc.Preventive maintenance kit 282.0404/25/2022 061-0000-65500-00 Sidener Environmental Service, Inc.Vacuum regulator kit, nipple assembly, o-rings, screws 2,941.0104/25/2022 061-0000-66000-00 Galesburg Builders Supply, Inc CONTROLLED LOW STRENGTH MATERIAL (CLSM) - DELIVERED 219.00 000009211304/25/2022 061-0000-68500-00 Hawkins, Inc 2022 Liquid Chlorine for Water Division as per bid 5,349.00 000009207404/25/2022 061-0000-68500-00 Hawkins, Inc Phosphate Inhibitor for 2022 Agreed upon rate $0.44/lb 20,257.60 000009214704/25/2022 36,555.23Subtotal for Divison: 0000 Subtotal for Fund 061 36,555.23 067-0000-51000-00 SpringbrookSoftware LLC 03/22 CivicPay PayPad Transaction Fee 79.5004/25/2022 067-0000-51000-00 Knox County Recorders Office 03/22 Laredo 21.2704/25/2022 067-0000-51500-00 Gatehouse Media Clean up #00105434 - Acct #18053 111.0004/25/2022 067-0000-51500-00 Sebis Direct Inc 03/22 UB printing costs 388.3904/25/2022 067-0000-55700-00 Jimax Corp.2022 Spring Brush Clean Up (Refuse Portion) 3,029.25 000009213804/25/2022 067-0000-59501-00 Knox County Landfill 03/22 Service 30,497.6004/25/2022 067-0000-59502-00 Waste Management, Inc.04/22 Refuse removal 175,247.1204/25/2022 209,374.13Subtotal for Divison: 0000 Subtotal for Fund 067 209,374.13 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 03/22/22 - 03/30/22 #32186991 657.9504/25/2022 078-0000-56535-00 OSF Occupational Medicine Work Comp DOS 03/11/22 #P466388980 120.5304/25/2022 078-0000-56535-00 OSF Occupational Medicine Work Comp DOS 03/28/22 #P466388970 81.5104/25/2022 078-0000-56535-00 Mickey Gibbons Prepay round trip mileage - work comp Dr Soriano - Rockford, IL 179.0104/25/2022 1,039.00Subtotal for Divison: 0000 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 13 Account Number Vendor AmountDescription PO No Date Subtotal for Fund 078 1,039.00 Report Total: 450,772.46 AP-Transactions by Account (04/25/2022 - 2:35 PM)Page 14 Check Date Check #Vendor Name Description Account #Amount 4/14/2022 0 Farmers & Mechanics Bank 03/22 F&M Bank Trust Fees 061-0000-51000 41.56 4/14/2022 0 Farmers & Mechanics Bank 03/22 F&M Bank Trust Fees 026-0000-51000 41.68 4/14/2022 5089 J W Summy Contracting Corp HUD LBPHC at 79 W Third Street 013-0000-83100 11,745.00 4/14/2022 5090 Jaime Mahnesmith Food Allowance - 2/28/22 - 3/6/22 013-0000-83100 526.12 4/14/2022 5091 Quality Inn Temp Lead Safe housing 2/21/22 to 2/28/22 for 1391 E Losey St 013-0000-83100 759.20 4/14/2022 5091 Quality Inn Temp Lead Safe housing 2/27/22 to 3/8/22 for 79 W Third St 013-0000-83100 1,518.40 4/14/2022 6047 J W Summy Contracting Corp HUD Healthy Homes at 79 W Third Street 013-0000-83100 5,000.00 4/14/2022 0 Farmers & Mechanics Bank 03/22 F&M Bank Trust Fees 058-0000-51000 41.35 4/14/2022 0 G & M Distributors Liquor for golf concessions 019-1920-64125 169.50 4/14/2022 0 IMRF 03/22 Contributions 001-0000-20311 124,292.69 4/14/2022 96325 Sylvia Arredondo Refund from impound - report 22-3265 001-0000-32015 500.00 4/14/2022 0 Trey Yocum Meals - Week 8 Basic Firefighter - Champaign, IL - T Yocum 001-0000-10706 155.00 4/14/2022 0 Farmers & Mechanics Bank 03/22 F&M Bank Trust Fees 053-0000-51000 41.43 4/14/2022 0 Farmers & Mechanics Bank 03/22 F&M Bank Trust Fees 001-0205-51000 123.95 4/14/2022 0 Farmers & Mechanics Bank 03/22 F&M Bank Trust Fees 019-1905-51000 4.38 4/14/2022 0 Cardconnect 03/22 Credit Card Fees 019-1905-51000 520.50 4/14/2022 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 4/14/2022 96326 Western Illinois Works Knox County IL CEO Program Sponsor 024-0000-83100 5,000.00 4/21/2022 0 Galesburg Sanitary Dist.04/22 Sanitary District fees less 3% collection fee 091-0000-20102 (18,534.45) 4/21/2022 0 Galesburg Sanitary Dist.04/22 Sanitary Dist fees less 03/22 credit card processing fees 091-0000-20102 (2,051.36) 4/21/2022 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 4/21/2022 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0306-47500 201.72 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 023-0000-47500 5.40 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 078-0000-47500 21.51 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Vision Insurance Premiums 078-0000-20315 2,950.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0115-47500 72.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0550-47500 39.60 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0510-47500 417.60 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 067-0000-47500 1.80 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0207-47500 61.20 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 019-1920-47500 72.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0120-47500 63.99 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 014-0000-47500 72.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 020-0000-47500 7.20 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0410-47500 127.05 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 030-0320-47500 54.00 Advance Checks and ACH Payments as of 4/25/2022 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0305-47500 19.92 4/21/2022 0 Euclid Beverage Liquor for Golf Concessions 019-1920-64125 333.30 4/21/2022 0 T TECH 03/22 UB ACH Fees 067-0000-51000 353.75 4/21/2022 0 T TECH 03/22 UB ACH Fees 061-0000-51000 707.50 4/21/2022 0 Trey Yocum Meals - Week 9 Basic Firefighter - Champaign, IL - T Yocum 001-0000-10706 155.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0445-47500 36.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0145-47500 18.00 4/21/2022 6048 J W Summy Contracting Corp.HUD Healthy Homes at 1391 E Losey 013-0000-83100 4,950.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 030-0370-47500 54.00 4/21/2022 20077 University of Illinois Lead Exposure Reduction Project (2020 year portion)013-0000-51000 3,169.74 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 018-0000-47500 46.80 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 019-1905-47500 163.35 4/21/2022 96389 Sangamon County Sheriff's Office Service of Summons - 203 Lake St demo 001-0145-51000 50.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0205-47500 208.80 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0605-47500 216.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0110-47500 82.20 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 024-0000-47500 31.41 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 001-0450-47500 63.00 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 061-0000-47500 203.10 4/21/2022 0 Dearborn National Life Insurance Co.05/22 Life Insurance Premiums 017-0000-47500 10.80 4/21/2022 0 BlueCross BlueShield of Illinois 05/22 Health Insurance Premiums 078-0000-20315 370,684.48 4/21/2022 0 UMB Bank, N.A.RFDG BDS SRS 2017 - Interest 061-0000-87300 131,140.62 4/21/2022 0 Western IL. Firefighters Assoc.Fit testing machine rental 001-0605-56000 50.00 4/21/2022 0 Galesburg Sanitary Dist.04/22 Sanitary District fees 091-0000-22003 617,814.97 4/21/2022 0 Galesburg Sanitary Dist.04/22 Sanitary District fees less 02/22 postage for liens 091-0000-20102 (0.17) 4/21/2022 0 Galesburg Sanitary Dist.04/22 Sanitary District fees less 02/22 lien fees 091-0000-20102 (46.00) 4/21/2022 5092 J W Summy Contracting Corp.HUD LBPHC at 1391 E Losey 013-0000-83100 13,870.00 4/21/2022 5092 J W Summy Contracting Corp.CO#1 HUD LBPHC increase for removal of window and fill in 013-0000-83100 650.00 4/21/2022 6049 J W Summy Contracting Corp.HUD Healthy Homes at 835 Pine Street 013-0000-83100 5,000.00 4/21/2022 20077 University of Illinois Lead Exposure Reduction Project (2020 year portion)013-0000-51000 1,831.55 4/22/2022 0 Brooke Ingles Clothing allowance for pants 001-0550-67500 71.73 4/22/2022 0 Christine Swanson Clothing allowance for pants 001-0550-67500 75.00 Grand Total 1,287,576.87$ COUNCIL LETTER CITY OF GALESBURG APRIL 18, 2022 AGENDA ITEM: Amendment to Section 113.036 (C) of Chapter 113 of the Galesburg Municipal Code regarding the establishment of a Class C-3 liquor license. SUMMARY RECOMMENDATION: The Liquor Commissioner, Administration, and the City Clerk recommend approval of the ordinance. BACKGROUND:The City was contacted by Cornucopia who would like to offer liquor for consumption on their premises. They now have a small seating area where they offer a weekly buffet and other food service. They currently have a Class C License, which is package only. This new license category would allow them to offer the sale of beer and wine only for consumption either on or off premises. Other requirements, such as a Category I High Risk Food Safety Permit from the Knox County Health Department, would be mandatory. A Class-3 Licensed establishment would not be allowed to have a gaming license nor can they have active or dormant gas pumps. BUDGET IMPACT: Annual liquor license fee of $2,450. SUPPORTING DOCUMENTS: 1. Ordinance Prepared by: KRB Page 1 of 1 22-1011 ORDINANCE NO. _________________ AN ORDINANCE AMENDING CHAPTER 113 OF THE GALESBURG CITY CODE REGARDING THE SALE OF ALCOHOLIC LIQUOR WHEREAS,the City of Galesburg,Illinois,is a home rule unit of government pursuant to Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS,THE City has adopted certain liquor license regulations designed to protect the health,safety and welfare,which are codified in Chapter 113 of the Galesburg City Code; and WHEREAS,Section 4-1 of the Illinois Liquor Control Act,235 ILCS 5/4-1,empowers the Mayor and City Council to establish condition and regulations and restrictions upon the issuance of the local liquor licenses no inconsistent with the law as the public good and convenience may require; and WHEREAS,the Mayor and City Council desire to update and revise Chapter 113 of the Galesburg City Code to protect the health, safety, and welfare of its residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG,ILLINOIS,AS FOLLOWS: SECTION ONE:Section 113.036 (C)of Chapter 113 of Code of Ordinances of the City of Galesburg is hereby amended and shall read as follows: (C)(3)Class C-3 authorizes the retail sale of beer and wine only on or off premises,subject to the following conditions: a)Such license shall be issued to those establishments whose principal business is a grocery store.The term “grocery store”shall be limited to food markets,or combination food markets and department stores with more than 4,000 square feet of floor area. b)The licensed establishment must have a Category I High Risk Food Safety Permit issued from the Knox County Health Department. c)Such license shall not be issued to any location with active or dormant fuel pumps. d)No Class C-3 license holder shall be issued a Video Gaming Terminal License by the City of Galesburg. SECTION TWO:Section 113.043 (C)of Chapter 113 of the Code of Ordinances of the City of Galesburg is hereby amended and shall read as follows: (C)No more than 32 Class C-1 licenses shall be issued.No more than one Class C-2 license and one Class C-3 license shall be issued. SECTION THREE:Section 113.045 (A)of Chapter 113 of the Code of Ordinances of the City of Galesburg is hereby amended and shall read as follows: (A)The following annual fees for each of the liquor licenses classifications are hereby established: Class A-1:$2,850 Class A-2:$2,850 Class C-1:$2,450 Class C-2:$5,300 Class C-3:$2,450 Class D:$2,250 Class F:$1,550 Class H:$2,250 Class K:$2,250 Class L:$2,150 Class M:$2,150 SECTION FOUR:All ordinances or parts of ordinances,in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION FIVE:This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this day of ________________ 2022, by a roll call vote as follows: Roll Call #: ____________ Ayes: _________________________________________________________________________ Nays: ________________________________________________________________________ Absent: _______________________________________________________________________ Abstain:_______________________________________________________________________ _______________________________________ Peter D. Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER APRIL 18, 2022 AGENDA ITEM: An Ordinance Approving an Intergovernmental Agreement with Galesburg Community School District No. 205 SUMMARY RECOMMENDATION: The City Manager recommends approval of an Intergovernmental Agreement for the purchase of the former Churchill Middle School. BACKGROUND: On March 21, 2022, a majority of the City Council voted to direct staff to engage District 205 to acquire the former Churchill Middle School located at 905 Maple Avenue. District 205 has proposed transferring the property and improvements to the City at no cost through an Intergovernmental Agreement. If approved, the City accepts the premises in “As Is” condition with no warranties from District 205.The parties are finalizing which fixtures and property will remain, depending on what can be utilized by the District at other school property. A closing date has not been agreed to by the parties, but possession would not occur until the conclusion of the school year. District 205 has also included a right of first refusal to repurchase the property from the City. If the City has a bona fide offer from a purchaser, District 205 has the right to purchase the property (or portion of property) on the same terms. BUDGET IMPACT: Sufficient funds are available in the 2022 budget for the acquisition of the property. SUPPORTING DOCUMENTS: 1.Ordinance 2.Intergovernmental Agreement 22-1013 ORDINANCE NO. _________________ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH GALESBURG COMMUNITY SCHOOL DISTRICT NO. 205 WHEREAS, the City of Galesburg, Illinois, is a home rule unit of government pursuant to Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution grants a home rule unit authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the Local Government Property Transfer Act (50 ILCS 605/1 et seq.) provides for the transfer of real property from a school district to a municipality; and WHERAES, the City Council finds that it is necessary or convenient for it to use, occupy, or improve the real estate at the former Churchill Middle School located at 905 Maple Avenue, Galesburg, Illinois; and WHEREAS, the City Council finds that acquisition of this property is in the best interests of the health, safety and welfare of the residents of Galesburg. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION ONE: The foregoing recitals are hereby incorporated into this Ordinance as is fully set forth herein. SECTION TWO: The Intergovernmental Agreement attached as Exhibit A to this Ordinance is hereby approved by the Council. The Mayor and City Clerk are authorized to execute the Intergovernmental Agreement, and any related documentation. SECTION THREE: The City Manager and City Attorney are authorized to take any reasonable actions necessary to facilitate the purchase of 905 Maple Avenue from District 205. SECTION FOUR: All ordinances or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION FIVE: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this ______day of ____________________, 2022, by roll call vote as follows: Roll Call #: Ayes: ______________________________________________________________________ Nays: ______________________________________________________________________ Absent: _____________________________________________________________________ Abstain: _____________________________________________________________________ _________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to the Local Government Property Transfer Act, 50 ILCS 605/1, et seq., on ___________________, 2022, between the Board of Education of Galesburg Community Unit School District No. 205, Galesburg, Illinois, (hereinafter “School District” or “Seller”), and Illinois public school district, and the City Council of the City of Galesburg, a unit of local government (hereinafter “City” or “Buyer”); W I T N E S S E T H : WHEREAS, School District is the owner of a tract of real estate, generally described as “________________________________________________________________,” Knox County PIN No. ______________________________________ (hereinafter “said real estate”) (legal description on District’s title to govern); and WHEREAS, the Board of Education of the School District has determined that said real estate is unnecessary for the uses of the School District, and the Board of Education is willing to transfer the same to the City, and has adopted a Resolution to that effect; and WHEREAS, the City desires to acquire said real estate, and has adopted an Ordinance declaring that it is necessary or convenient for it to use, occupy or improve the District’s real estate in the making of a public improvement or for a public purpose; and WHEREAS, the School District is authorized by the Local Governmental Property Transfer Act 50 ILCS 605/1 et seq., to convey real estate to the City without using the public sale provisions of the School Code; and 2 WHEREAS, the parties have agreed upon mutually agreeable terms and conditions relating to the transfer of said real estate, and the parties wish to reflect their agreement in writing; NOW, THEREFORE, in consideration of the premises, which are hereby incorporated hereinafter by reference, and the agreements, covenants and conditions hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The parties hereby find that all of the recitals contained in the preambles to this Agreement are full, true and correct and do incorporate them into this Agreement by this reference. 2. Mutual Covenants. The School District does hereby agree to transfer and convey to the City the above-described real estate, together with all improvements thereon and the appurtenances and fixtures thereto belonging upon the terms set forth in this Agreement. 3. Transfer of Title. Transfer of title shall be by recordable Quit Claim Deed, sufficient in form to convey said real estate to the City. 4. Purchase Price. Buyer hereby agrees to pay to Seller for the said real estate the total purchase price of _______________________ and no/100 Dollars ($____________.00), payable as follows, to-wit: Earnest deposit, receipt of which is hereby acknowledged by Seller at the time this Contract is signed ............................ $waived b) Balance to be paid to Seller at closing in cash, or by cashier’s check or other form of payment acceptable to Seller .............$________.00 TOTAL ...............................................$________.00 3 5. Condition of Premises. The City has inspected the said real estate and the improvements located thereon, and accepts the same in their present “As Is” condition. THE SCHOOL DISTRICT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR PURPOSE AND HABITABILITY, AND SELLS THE REAL ESTATE AND IMPROVEMENTS IN “AS IS” CONDITION. 6. Fixtures and Personal Property. (a) The following fixtures and/or property located upon said real estate are NOT included in this Agreement and may be removed by School District prior to the closing of this transaction, to-wit: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (b) The following items of personal property are included in this Agreement and shall remain upon said real estate in their “As Is” condition, to-wit: __________________________________________________________________ __________________________________________________________________ 7. Evidence of Title. (a) The City, at its sole cost, may acquire a Title Insurance Commitment and Policy, issued by a title insurance company regularly doing business in Knox County, Illinois, for said real estate, insuring merchantable title to said real estate in the City. The Commitment and Policy shall be in an amount deemed appropriate by the City. (b) Permissible exceptions to title shall include only the lien of current general taxes; easements, apparent or of record which do not interfere with quiet enjoyment or the present use of the real estate; zoning laws and building improvements, if any; covenants and restrictions of record which are not violated by the present use of the real estate or the 4 transferee’s intended use; rights of the public, the State, the County, and the City in and to any part of the real estate, used or dedicated for roads or highways; rights of underground pipes; rights of any drainage district of which the property is part to assess the property from time to time; mineral resources, metals, ores, sand, gravel, rock and aggregate previously conveyed or leased; existing mortgages, if any, which shall be removed by the transferor at or prior to closing; and other standard exceptions customarily included in title insurance policies issued in the county within which the real estate is located. (c) The City shall point out in writing, within a reasonable time after receipt of the evidence of title, and prior to closing, any objection it may have thereto, and unless so pointed out, the evidence of title shall be presumed conclusively to be accepted. The School District shall have a reasonable time to cure any objection interfering with or impairing the merchantability of the title to said real estate; but if it is unable to cure any such objection and the City, at its sole expense, is unable to procure a title policy insuring over the same, then the City shall have the option of terminating this Agreement, or accepting the real estate with knowledge of the existence of such exception and without any compensation with respect thereto from the School District. 8. Possession and Closing. Unless otherwise agreed between the parties, the School District shall deliver its Quit Claim Deed, transfer fee and possession of said real estate to the City concurrently with the closing of this transaction, which shall be held on or befo re _____________, 2022, or at such other time and place as the parties hereto mutually agree. 9. Taxes and Assessments. The parties acknowledge that the School District is exempt, pursuant to Section 15/40 of the Illinois Revenue Code, 35 ILCS 200/15 -40, from 5 paying real estate taxes. If real estate taxes are assessed for periods after the date of closing, the same shall be assumed and paid by the City to the extent it is subject to real estate taxes. 10. Underground Storage Tank. The School District warrants that to the best of its knowledge, information and belief, there are no underground storage tanks of any kind located upon the real estate. 11. Termite Inspection. The Buyer waives any requirement that the School District provide it with an inspection of said property for termites or any other wood destroying insects or pests and waives any claim that it might have for pest infestation or structural or functional damage due to infestation. 12. Notices. All communications and notices required by this agreement to be served upon either party shall be made in writing and shall be delivered or sent by United States Mail, certified postage prepaid, to the following addresses: To the School District: To the City: Dr. John Asplund, Supt . ______________________ Galesburg Community Unit School ______________________ District No. 205 ______________________ ________________________ ______________________ ________________________ With copies mailed to: Luke M. Feeney ______________________ Miller, Tracy, Braun, Funk & ______________________ & Miller, Ltd. ______________________ P.O. Box 80 ______________________ Monticello, IL 61856 6 Any notice required by this agreement to be served upon either party shall be effective when actually received by the party upon which service is to be made or when mailed by certified mail, return receipt requested to such party. 13. Time Of The Essence. Time for performance of the obligations of the parties is of the essence of this Agreement. 14. Succession of Obligations. All terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective agents, representatives, officers, assigns, successors and transferees. All warranties and agreements contained herein shall survive closing and remain binding on the parties. 15. Counterparts. This Agreement may be executed in counterparts, and any party hereto may sign any counterpart. This Agreement shall be effective when each party hereto has signed a counterpart, and a set of counterparts bearing the signature of each party hereto shall constitute the Agreement as fully as if all of the parties shall have signed a single document. 16. Right of First Refusal. At closing, City shall grant to District a Right of First Refusal, substantially similar in form to Exhibit A attached hereto and incorporated herein by reference. This space intentionally blank 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year appearing opposite their signatures below. GALESBURG COMMUNITY UNIT SCHOOL DISTRICT NO. 205 Date: _______________________ By:_________________________________ President, Board of Education ATTEST: _____________________________ Secretary, Board of Education CITY COUNCIL, CITY OF GALESBURG, KNOX COUNTY, ILLINOIS Date: ______________________ By:________________________________ President ATTEST: _____________________________ Secretary W:\Real Estate - School\Galesburg CUSD 205 to City of Galesburg--Intergovernmental Agreemen.docx RIGHT OF FIRST REFUSAL This agreement made and entered into by and between the City of Galesburg, Knox County, Illinois, (hereinafter “First Party”), and Galesburg, Community Unit School District No. 205, Galesburg, Illinois (hereinafter “Second Party”), WITNESSETH: WHEREAS, First Party is the owner of the following described real estate, located in Knox County, Illinois, to-wit: INSERT LEGAL DESCRIPTION Permanent Index Number: ________________ WHEREAS, pursuant to the terms of that certain Intergovernmental Agreement, dated ________________, 202__, between the parties, First Party agreed to grant to Second Party, at the closing on the sale of said real estate that is the subject of said Agreement, a right of first refusal to said real estate; and WHEREAS, First Party and Second Party have reached mutually agreeable terms for granting said right of first refusal and wish to reflect their agreement in writing; NOW, THEREFORE, in consideration of the premises, which are hereby incorporated hereinafter by reference as part of the agreements of the parties, and the agreements, covenants and conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Right of First Refusal. (a) First Party hereby grants to Second Party the right to purchase said real estate, upon the same terms as any bona fide offer to purchase, convey, or exchange the same, or any part or undivided interest therein, received by First Party, which offer is acceptable to First Party. Should the offer received by First Party include a proposal by the offeror to exchange certain other real estate for all or a part of said real estate, Second Party shall have the right to purchase said real estate at the fair market value of the property offered in exchange, plus any additional consideration included in said offer. Such right shall exist for a period of thirty (30) days after First Party gives written notice to Second Party of such offer. If Second Party elects to exercise the right of first refusal herein granted, it shall give First Party written notice of its said election within thirty (30) days of First Party giving such notice, and failing this, it shall be deemed to have waived and forfeited his right to purchase granted herein. Once forfeited, said right of first refusal shall be forever extinguished, and shall not be binding upon nor impede First Party, or its successors or assigns, in its sale of said real estate; provided, however, that a waiver by Second Party to purchase a part of, or an undivided interest in, said real estate pursuant to a bona fide offer Page 2 of 4 received by and acceptable to First Party for the sale of said part or undivided interest shall not constitute a waiver or forfeiture by Second Party as to the remaining part or undivided inte rest still owned by First Party; and provided further that the sale by First Party may only be on the terms specified in the bona fide offer of which Second Party was given notice, and if such sale does not close to the offeror of the bona fide offer, Second Party’s rights hereunder shall reinstate as to the property described in said bona fide offer. (b) In the event that Second Party exercises its right of first refusal herein granted, it shall immediately execute a written Sales Contract with First Party for said real estate, which Contract shall incorporate the terms of said offer received by First Party, substituting if need be, a monetary value for any real estate offered in exchange, and shall proceed to close on such purchase in accordance with the terms of such Contract, within a period of sixty (60) days. 2. Notices. All communications and notices required by this agreement to be served upon either party shall be made in writing and shall be served in person or sent by United States Mail, certified postage prepaid – return receipt requested, to the following addresses: To First Party: To Second Party: _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ Any notice required by this agreement to be served upon either party shall be effective when actually received by the party upon which service is to be made, as evidenced by an affidavit of service or signed receipt, in the case of personal service, or a certified mail receipt signed by the party, in the case of service by mail. 3. Attorney’s Fees. Default or breach of any of the terms hereof by First Party or Second Part y shall entitle the nondefaulting or nonbreaching party to claim and recover as damages all reasonable costs, attorney's fees and expenses incurred in connection with the remedying of such default or breach. 4. Succession of Obligations. This agreement, and all of the terms hereof, shall be binding upon and inure to the benefit of the parties and their respective heirs, legatees, personal representatives, successors and assigns, except that the parties agree that Second Party’s rights hereunder may not be assigned by him without the written consent of First Party. 5. Recording. First Party agrees that Second Party may record a copy of this agreement at his cost. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year appearing opposite their signatures below. Date: __________________ ___________________________________________ Date: __________________ __________________________________________ Page 3 of 4 INSERT NOTARY BLOCKS FOR SIGNATURE PARTIES Return this document to: This document prepared by: _______________ Miller, Tracy, Braun, Funk & Miller, Ltd. _______________ P.O. Box 80 _______________ Monticello, IL 61856 W:\Real Estate\Right of First Refusal\City of Galesburg to Galesburg CUSD.docx ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by Gug Page 1 of 2 COUNCIL LETTER CITY OF GALESBURG APRIL 18, 2022 AGENDA ITEM: Amendment to Chapter 94 Nuisances. SUMMARY RECOMMENDATION: The City Manager, Director of Community Development and Code Compliance Supervisor recommend approval of the ordinance amendments. BACKGROUND: Many of the nuisance sections were amended between 2005 and 2007. Since that time there have been changes in State laws and staff has also taken into consideration how the nuisance program has been implemented and enforced over the years. Based on experiences, suggested amendments were discussed at the February 28th Council work session. The attached ordinance amendment is being proposed for Council’s consideration. The reason for replacing the entire chapter with a new ordinance is due to a reorganization of sections of the ordinance which duplicated provisions, in addition to the following changes: •Change the time to pay a bill after abatement of a violation from 15 days to 30 days. •Consolidating sections that have similar language on notices, extension, abatement, statement of cost, liens, release of liens and foreclosure for efficiency and consistency. •Create a consistent compliance date of 10 days for abatement of weeds (was 5 days), prairie plots (was 5 days), outside storage (was 15 days), trash & debris (was 10 days), pests (was 7 days), enclosure of building openings (was 10 days), open cisterns (was 10 days). Inoperable vehicles will remain 7 days and dilapidated structures will remain 15 days. The ability to request an extension is possible if a reasonable plan of action to achieve compliance is agreed upon. •Construction, reconstruction, remodeling, or demolition of a building or structure that causes loud noises within 300 feet of a residential structure shall not occur between the hours of 10 pm and 6 am. •Allowing graffiti on a building, fence or other structure would be considered a nuisance, also adds a definition of graffiti. •Improper maintenance which allows a swimming pool to harbor mosquitoes, flies, or other pests will be considered a nuisance. •Allowing a fence to exist on a property in violation of city ordinance or is in an unsafe condition so that it is unstable, insecure or is in such a condition that it is a menace to the safety or health of the public. •Amending the definition of “pest” to match State law. •Under the weeds section, including an option for when property owners of vacant lots do not mow in two consecutive years that the city can go to adjudication and request the property owner retain a privately contracted service. •Under the Prairie Plot section, removing the requirement of obtaining a permit. 22-1014 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by Gug Page 2 of 2 • Amending the section on enclosure of building openings by removing the limit of only being able to board up openings for a period of 90 days for openings such as windows and doors. Tarps can still be used to cover a roof or garage door opening up to 90 days in the event of an emergency (i.e. fire, vandalism) or as an incident to the construction or repair of a building or structure. • Under Inoperable vehicles, including definitions for All-Terrain Vehicles (ATVs) and Recreational Vehicles. Also removing some language on notices and hearings that are no longer used under the current Adjudication system. • Adding language in the Dangerous & Unsafe section to clarify the current process used for seeking abatement, statements of cost, liens, foreclosure and abandoned property. • Adding a section in regard to Structures Unfit for Human Occupancy. Currently, the only section applicable to designating a structure as unfit for human occupancy is in the Housing Ordinance, which is only applicable to residential. The proposed new section would be applicable to all buildings and structures to be used in egregious situations. BUDGET IMPACT: There would be no anticipated impact upon the budget if the ordinance amendment is approved. SUPPORTING DOCUMENTS: 1. Ordinance amendment to Chapter 94 Nuisances. ORDINANCE NO. _________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION 1 That the Galesburg Code of Ordinances shall be, and hereby is, amended by deleting therefrom Chapter 94 in its entirety and inserting therein the following: CHAPTER 94: NUISANCES § 94.01 GENERAL PROVISIONS. (A) Purpose. The purpose of this chapter is to create beneficial effects that include but are not limited to the promotion of health, safety, appreciation of property values in residential, commercial and industrial zones, attraction of capital investors to residential, commercial and industrial zones, comfort, morals, general interest and welfare of the citizens of the city and to protect neighborhoods against blight and deteriorating influences by establishing minimum standards of cleanliness, safety and sightlines for premises in the city. (B) Nuisance declared. All property found to be maintained in violation of any one or more of the provisions of this chapter is hereby declared to be a public nuisance and shall be abated pursuant to the procedures set forth herein. In all cases in this chapter where no provision is made defining what are nuisances and how the same may be abated, removed or prevented, in addition to those declared herein, those offenses known to the common law of the land and to the statutes of this state as nuisances may, in case the same exist within the jurisdiction of the city, be treated as such and proceeded against as provided in this chapter or any other provision of law applicable thereto. (C) Prohibited. No owner, agent, occupant or other entity owning or in possession, charge or control of any building or premises shall use the same, or permit the same to be used, for any business or employment or any purpose if the use shall, from its boisterous nature, disturb or destroy the peace of the neighborhood or shall be dangerous or detrimental to health, safety or welfare of the general public. (D) Disclosure. Every agent, occupant or other person having control or management or who collects or receives the rents of any lands, premises or other property in the city, shall disclose the name of the person for whom the agent or other person is acting upon demand of any inspector or agent of the city. (E) Other Remedies. This chapter shall not limit any other rights or remedies of the city provided in this code or any other ordinance, statute, law, rule or regulation regarding the subject matter of this chapter. These remedies are deemed cumulative. (F) Practice. The purpose of this chapter is to provide a prompt and efficient means of abating or having abated nuisances within the city. It is not intended that this chapter shall affect or regulate practice before the courts of the state. (G)Fines. Any person who violates or fails to comply with any of the provisions of this chapter shall be fined as set forth in § 94.99. § 94.02 DECLARATION. The following acts, conduct, conditions, things or omissions thereof are hereby declared to be nuisances: (A) Keeping or maintaining a house for the purpose or encouragement of any illegal activity. (B) Allowing premises to become nauseous or offensive to persons in the vicinity therein, including dilapidation. (C) Causing to be discharged, placed, thrown, or causing to flow any nauseous, foul, offensive or putrid liquid or substance from any premises to any street, alley or adjacent premises. (D) Allowing any weeds on any part of a premises and adjacent parkway, including but not limited to around parked vehicles, building foundations, poles, trees, fence rows and similar locations that have grown to a height of 12 inches or more, all noxious weeds of any height and the buying, selling, distributing or planting any exotic weeds without a permit from the Department of Natural Resources, and any tree or shrub having the appearance of being dead or suspected of being infected or infested are hereby declared to be a nuisance. See § 94.11. (E) Maintaining or permitting to exist any open cistern as defined in § 94.14 or any abandoned well as defined in § 94.15. (F) Allowing the presence of pests or a pest harborage to exist on any premises, whether improved or vacant, in violation of this section is hereby declared to be a nuisance because it creates a hazard to the health or safety of individuals or the public, and contributes to conditions that cause blight and property degradation See § 94.12; (G) Permitting or allowing the dumping, depositing, discarding, dropping, maintaining, storing, throwing or otherwise disposing of debris, garbage, trash, ashes, yard waste or brush upon any premises for more than ten calendar days, except when the material is contained in a proper receptacle or bundled and stored within the rear or side yard until lawfully set out for collection is hereby declared to be a nuisance. These acts do or may create a hazard to the health or safety of individuals or the public, are conducive to rodent or insect infestation, present a fire hazard and contribute to conditions that cause blight and property degradation. See § 94.13; (H) Allowing outside storage in residentially used or zoned premises in violation of this section is hereby declared to be a nuisance because it creates a hazard to the health or safety of individuals or the public; it is conducive to rodent or insect infestation, presents a fire hazard and contributes to conditions that cause blight and property degradation. See § 94.16; (I) Planting, cultivating and maintaining any prairie plot in violation of the provisions of this section § 94.17 is hereby declared to be a nuisance; (J) Allowing outdoor parking or storage of inoperable motor vehicles, upon any private property and in view of the general public for more than seven calendar days constitutes a nuisance; See § 94.25; (K) Boarding up or otherwise enclosing building wall openings in violation of § 94.18; (L) Using tarps as covers for roofs, wall openings or garage door openings in violation of § 94.19. (M) To undertake the construction, reconstruction, remodeling or demolition of a building or structure within three hundred (300) feet of a residential structure between the hours of 10:00 p.m. and 6:00 a.m. if said construction, reconstruction, remodeling or demolition causes loud noises. The following shall not constitute a violation under this subsection: a. Public Works projects on property owned by the City, State or Federal Government. b. As deemed necessary by the City Manager, or his or her designee, in the event of emergency situations or with respect to work conducted by public agencies to protect the health, safety, and welfare of the public. (N) Allowing graffiti on a building, fence or other structure. (O) No owner, agent, occupant, responsible party or person shall create a condition, through the improper maintenance of a swimming pool or wading pool so that it harbors mosquitoes, flies, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public. (P) Allowing a fence to exist on any premises that is in violation of any ordinance of this city, or is in an unsafe condition, or has become unstable or insecure, or is in such a condition as to be a menace to the safety or health of the public. § 94.03 NOTICES. (A) Service. The Department shall serve a written nuisance violation in any of the following ways: (1) By depositing the notice in the U.S. mail, prepaid first class postage to the name and address of the tax bill owner listed on the City Assessor’s records; or (2) By personal service; or (3) By posting upon the property that is the site of the alleged violation; or (4) By any other means permitted by law for service of civil summons. (5) A notice shall be deemed to have commenced to run from the date the notice is mailed. A notice shall be deemed sufficient regardless of whether the addressee accepts or refuses delivery or if it is not deliverable. Notice may also be sent to any other responsible party or person in possession or control of the premises, such as in the case of a rental property, the city may also serve such notice on the occupant. (B) Contents of Notice: Every notice served under this chapter shall contain; (1) the date; (2) the address or description of the property sufficient for identification; (3) reference the provision of this Chapter in violation; brief and reasonable description of the violation; (4) demand the abatement of the nuisance by approved processes which will not be injurious to human health or domestic animals; (5) That the nuisance shall be abated in ten (10) days unless this Chapter provides a longer time period for abatement, or arrangements have been made with the Community Development Department for an extension. (6) warn the person to which the notice is directed that a failure to accomplish the abatement within the time stated herein may result in filing a court complaint against the person(s) responsible for the violation and/or abatement of the nuisance by the city or its authorized agent; and (7) the cost or expenses related to the removal by the city shall be charged to the owner; lien filing and foreclosure of lien shall be charged to the owner, when applicable. (C) Number of notices. Only one nuisance violation notice shall be required to be sent per property during any one calendar year for violations of Weeds, Prairie Plots and Pools and only two nuisance violation notices per calendar year for Trash & Debris and Outside Storage in Residentially used or zoned areas. In the event of subsequent violation(s) within the one calendar year time period, the city may file a complaint for the violation of this Chapter without further notice. § 94.04 EXTENSION. (A) The Department may grant a one-time ten (10) day extension, unless otherwise specified herein, per calendar year to the compliance deadline established in the nuisance violation notice if requested in writing by the responsible party. § 94.05 ABATEMENT. (A) Abatement by city. Upon refusal or neglect to comply with the nuisance violation notice or failure to request or abide by an extension date, the Department shall , in the case of Weed violations, have the power to enter upon the premises, or to authorize its agent to do so, and abate or remove the nuisance. For all other nuisance violations, the Department shall file a complaint through administrative adjudication, or the Knox County Ninth Judicial Circuit Court. § 94.06 STATEMENT OF COST. (A) The actual costs of abatement, costs of processing the bill, mailing or serving documents, recording documents and any other incidental expenses shall be billed to the tax bill owner listed on the City Assessor’s records. A statement for the costs shall be served either personally or by regular mail and must include: (1) A reference to the ordinance or code section violated; (2) Identify the property where the violation occurred sufficient for identification thereof and general location of the weeds that were cut; (3) The amount of money representing the cost and expense incurred or payable for the service; (4) The date or dates when the cost or expenses were incurred by the city or one acting under its direction or control; and (5) An explanation that if the bill is not paid in full within thirty (30) days, a late fee will be added to the bill and the city will prepare and file a lien. § 94.07 LIEN. (A) If the costs are not paid within thirty (30) calendar days of the mailing of the statement, the Department shall proceed to perfect and enforce a lien upon the real estate affected in the Office of the Recorder of Deeds of this county for the following nuisances, unless otherwise specified in this Chapter: (1) Weed violations as provided in § 11-20-7 and 11-20-15 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-20-7 and 11-20-15) as now in force and hereafter amended. (2) Pests violations as provided in § 11-20-8 and 11-20-15 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-20-8 and 11-20-15) as now in force and hereafter amended. (3) Debris, Garbage or Trash as provided in § 11-20-13 and 11-20-15 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-20-13 and 11-20-15) as now in force and hereafter amended. (4) Outside Storage in Residentially used or zoned areas as provided in § 11-20-13 and 11- 20-15 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-20-13 and 11-20-15) as now in force and hereafter amended. (5) Prairie Plots as provided in § 11-20-7 and 11-20-15 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-20-7 and 11-20-15) as now in force and hereafter amended. In addition to any other method authorized by law, costs may be collected as a special assessment on the property, as provided in § 9-2-4.5 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 9-2- 4.5). § 94.08 RELEASE OF LIEN. Release of lien. Upon full payment of the cost or expenses associated with the lien [ [ by the tax bill owner, agent or responsible party or person interested in the property, after notice of lien has been filed, the lien release document will be provided by the city to the responsible party so the release may be filed of record by the responsible party as in the case of filing notice of lien by the city. § 94.09 FORECLOSURE. (A) Foreclosure. A lien under this Chapter may be enforced by proceedings to foreclose as in the case of mortgages or mechanic’s liens. The costs of foreclosure incurred by the municipality, including court costs, reasonable attorney’s fees, advances to preserve the property, and other costs related to the enforcement of this Chapter plus statutory interest, are a lien on the real estate and are recoverable by the municipality from the owner or owners of the real estate. This section is applicable to the following nuisances, unless otherwise specified herein: (1) For Weed violations must be commenced within two (2) years after the date of filing the notice of lien. (2) Prairie Plot violations must be commenced within two (2) years after the date of filing the notice of lien. (3) Pests violations must be commenced within two (2) years after the date of filing the notice of lien. (4) Trash, Debris, Graffiti violations must be commenced within two (2) years after the date of filing the notice of lien. § 94.10 GENERAL DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABATE/ABATEMENT. Action to terminate, eradicate, stop, cease, repair, rehabilitate, replace, demolish, correct or otherwise remedy nuisance activity, condition or conduct by means and in a manner as to bring the activity, condition or conduct into compliance with the laws or regulations of the city and/or this state or in a manner as is necessary to promote the health, safety or general welfare of the public. AGENT. Any individual, partnership or corporation authorized by the owner to receive notices of code violations and receive process in any court proceeding or administrative enforcement proceeding on behalf of an owner, regarding matters regulated by the city. BRUSH. Trimmings from shrubs, trees or other woody plants. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. BUNDLED. The bringing together of items that are no more than five feet in length and the combined weight of which is no more than 50 pounds. Brush bundles must be bound with twine or other biodegradable tie, not wire or plastic. No single piece of brush shall be over five inches in diameter. CITY. The City of Galesburg, Illinois or the area within the territorial limits of the city and any territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. COMPOST BIN(S). A container or containers designed to hold composting material in such a way as to prevent material from being windblown. COMPOSTING. The biological process by which microorganisms decompose the organic fraction of waste, producing a humus-like material that may be used as a soil conditioner. CONSTRUCTION OR DEMOLITION DEBRIS. Nonhazardous, uncontaminated materials typically used in the construction, remodeling, repair and demolition of utilities, structures and pavement, limited to the following: soil, sod, wall coverings, reclaimed asphalt pavement, rock, plaster, glass, nonhazardous painted wood, drywall, plastics, nonhazardous treated wood, plumbing fixtures, electrical wiring, iron, pipe, nonhazardous coated wood, nonasbestos insulation, bricks, wood products, roofing shingles, concrete, concrete blocks and general roof coverings. CONSTRUCTION SITES. Any area where the construction, alteration, movement, enlargement, replacement, repair, maintenance, removal or demolition takes place concerning any building or structure or any appurtenances connected or attached to the building or structure. When required, city construction permits shall have been issued and still valid for the premises in accordance with adopted building codes. In cases where a construction permit is not required, the premises will not be considered a CONSTRUCTION SITE if the work on the premises is suspended or abandoned for a period of 90 days. CONTROL. Being in charge of or being in possession, whether as owner, agent, lessee, renter or tenant, under statutory authority, or otherwise. DEBRIS. Material that is incapable of immediately performing the function for which it was designed, including but not limited to: the remains of something broken down, apparently abandoned to the elements, destroyed or collections of equipment which are missing parts, not complete in appearance and in an obvious state of disrepair or anything else of an unsightly or unsanitary nature, which has been stored, abandoned or otherwise disposed of improperly. DEPARTMENT. Any department of the city designated by the City Manager to enforce the provisions of this chapter. DRIVEWAY. A concrete, asphalt, gravel, brick or other permanent low-dust surface. Safety curbing or a barrier shall be provided to define the limits of parking areas constructed of gravel or similar material. ERADICATE. The complete killing or destruction of exotic and noxious weeds or other parts of weeds by pulling, destroying, chemically spraying, tillage or any one or all of these in effective combination. EXOTIC WEEDS. Plants not native to North America which, when planted, either spread vegetatively or naturalize and degrade natural communities, reduce the value of fish and wildlife habitat, or threaten an Illinois endangered or threatened species as designated in the Illinois Exotic Weed Act (ILCS Ch. 525, Act 10), including but not limited to Japanese honeysuckle, multiflora rose, purple loosestrife, common buckthorn, glossy buckthorn, saw-toothed buckthorn, dahurian buckthorn, Japanese buckthorn, Chinese buckthorn and kudzu. FIREWOOD. Logs or kindling materials that have more wood than rot, not exceeding 24 inches in length and suitable for use in a fireplace or other wood-burning appliance. FIREWOOD shall not include pressure-treated lumber of any type, wood-framing components of any size or glue- laminated lumber components. GARBAGE. Waste resulting from the handling, preparation, cooking and consumption of food and wastes resulting from the handling, storage or sale of produce. GRAFFITI. Any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter placed upon the real or personal property of an owner without the owner’s express, written permission, provided, however, it shall not be a defense that the owner or occupant has given permission where this graffiti tends to incite violence. HAZARDOUS WASTE. Waste, in any amount, which is defined, characterized or designated as hazardous waste by the United States Environmental Protection Agency or Illinois Environmental Protection Agency, or other federal or state law. It may include batteries, mercury, motor oil, paint (when still in liquid form), paint thinner, propane gas and used tires. HEAVY CONSTRUCTION EQUIPMENT. Tractors, augurs, backhoes, cement mixers, bulldozers, plows, harrows, construction vehicles or other similar equipment. INDOOR UPHOLSTERED FURNITURE. Any furniture not manufactured for outdoor use, including but not limited to upholstered chairs and couches. INFECTED. The presence of a disease deemed a nuisance by the Illinois Department of Agriculture or the United States Department of Agriculture, the presence of circumstances that make it reasonable to believe that such a disease is present or the presence of any plant disease that is liable to spread to other plants, trees or shrubs to the injury of such plants, trees or shrubs or to the injury of humans or property. INFESTED. The presence of a pest deemed a nuisance by the Illinois Department of Agriculture or the United States Department of Agriculture, the presence of circumstances that make it reasonable to believe that such a pest is present or the presence of any injurious insect or pest that is liable to spread to other plants, trees or shrubs to the injury of such plants, trees or shrubs or to the injury of humans or property. NOXIOUS WEEDS. Any plant which is determined by the Director, the Dean of the College of Agriculture of the University of Illinois and the Director of the Agricultural Experiment Station at the University of Illinois, to be injurious to public health, crops, livestock, land or other property and designated in the Illinois Noxious Weed Law ( ILCS Ch. 505, Act 100) and in Title 8 of the Ill. Adm. Code Part 220, including but not limited to marijuana, giant ragweed, common ragweed, Canada thistle, perennial sow thistle, musk thistle, perennial members of the sorghum genus and kudzu. NUISANCE. To commit, perform or permit any act, conduct, circumstances or condition which constitutes an unreasonable, unwarrantable or unlawful use by a person of property, real or personal, which produces the material annoyance, health hazard, inconvenience, discomfort, unsafe or dangerous situation to members of the general public by reason of their inability to appreciate the peril therein, and/or which may reasonably be expected to attract children to the premises and risk injury by playing with, in or on it that the law will presume an actionable NUISANCE and as defined by common law of this state or defined by any of the ordinances of the city. OCCUPANT. Any person, tenant, lessee, renter, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof. OUTSIDE STORAGE. The placing, keeping, using, maintaining or leaving of items customarily associated with the residential use of a dwelling, including but not limited to machinery, clothing, firewood, vehicle parts and tires, construction or demolition debris, indoor upholstered furniture, shopping carts, or other similar personal property or fixtures in unenclosed structures or areas exposed to precipitation. OWNER. Any person who alone, jointly or severally with others, has legal or equitable title to any building, structure or premises with or without actual possession thereof; or has charge, care or control of any building, structure or premises as owner, agent of the owner, or as executor, executrix, administrator, trustee or guardian of the estate of the beneficial owner. Any person thus representing the actual OWNER shall be bound to comply with the provisions of this chapter, and the rules and regulations adopted pursuant thereto, the same extent as if he or she were the OWNER. However, when the area over which ownership is alleged is parkway, OWNER shall mean the owner of the real property immediately adjacent or abutting thereto. PARKING SPACE. A concrete, asphalt, gravel, brick or other permanent low-dust surface, not less than nine feet wide and 18 feet long, together with a connecting driveway permitting ingress and egress of a vehicle without the necessity of moving any other vehicle. PARKWAY. The area between the property line and the curb or, in the absence of a curb, between the property line and the nearest edge of the street paving. PEST. Undesirable anthropods (including certain insects, spiders, mites, ticks and related organisms), wood-infesting organisms, rats, mice and other obnoxious undesirable animals, but does not include a feral cat, a “companion animal” as that term is defined in the Humane Care for Animals Act (ILCS Ch. 510, Act 70), “animals” as that term is defined in the Illinois Diseased Animals Act (ILCS Ch. 510, Act 50), or the animals protected by the Wildlife Code (ILCS Ch. 510, Act 5). PORTABLE ON-DEMAND STORAGE STRUCTURES. Any container, storage unit, shed-like container or other portable structure that is intended for the purpose of filling or emptying personal property of any kind while located outside an enclosed building, other than an accessory building or shed complying with all building codes and land use requirements, and then later removed from the premises. PORTABLE TOILETS. A toilet structure equipped with a watertight impervious container which receives waste discharged through a hopper, seat, urinal or similar device and into which container may be placed disinfecting or deodorizing chemicals. PRAIRIE PLOT. An area which is naturally landscaped so as to exhibit the deliberate and conscious decision to plant, cultivate and maintain native plant species identified as prairie grasses and wildflowers characteristic of the native Illinois prairie; however, this term shall not include ornamental grasses and wildflowers typically sold in Illinois retail establishments and utilized within a cultivated landscape bed. PREMISES. Any building, structure, lot, plot, tract, parcel of land or portion thereof, whether improved or unimproved, including adjacent parkways. PRINCIPAL STRUCTURE. A structure in which the primary or predominant use of the premises on which the structure is located. In any residentially used or zoned parcel, any dwelling shall be deemed to be the principal building of the lot on which the same is situated. RECEPTACLE. All containers used for the deposit of ashes, brush, debris, garbage, trash or yard waste. Containers shall be galvanized or noncorrodible metal or plastic, rodent- and insect-proof, waterproof and of a suitable gauge and construction to ensure durability, equipped with a tight fitting cover and handles so that they may be lifted, wheeled or carried by one person. No such container shall have a capacity of more than 30 gallons, unless the container is designed and equipped to be hydraulically lifted by a waste disposal vehicle. Durable plastic bags, securely fastened, are not proper RECEPTACLES, unless the plastic bags are within an enclosed building until lawfully set out for collection in conformance with the requirements of the solid waste chapter of this municipal code (Chapter 50). Yard waste may be contained in heavy duty, kraft paper bags designed for yard waste collection. Cardboard boxes, paper sacks, truck beds, wagons and trailers are not proper RECEPTACLES. When being used on a construction site, truck beds and trailers may be considered RECEPTACLES. RECREATIONAL VEHICLE. Every camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper used primarily for recreational purposes and not used commercially nor owned by a commercial business, all as defined in § 70.001. RESIDENTIAL USE. A structure or part of a structure containing dwelling units or rooming units, including single-family or two-family houses, multiple dwellings, boarding or rooming houses, apartments, dormitories, and fraternity or sorority houses. RESIDENTIAL USES do not include, in a mixed-use structure, that part of a structure used for any nonresidential uses, except accessory to residential uses. RESPONSIBLE PARTY OR PERSON. Any owner, agent, occupant or other entity in charge or control, under statutory authority or otherwise, of any lot, building or premises within the city responsible for creating, causing, maintaining or permitting the nuisance activity, condition or conduct. STRUCTURE. That which is built or constructed or a portion thereof. TRASH. Combustible materials, including but not limited to scrap lumber, old rope, rags, paper, newspaper, magazines, plastic or paper containers or other packaging material, bedding, carpeting, padding, cartons, boxes, barrels, broken toys, bedding; noncombustible materials, including but not limited to metals, batteries, empty bottles of different kinds and sizes, tin cans, broken toys, metal furniture, roofing shingles, plumbing fixtures and piping, upholstered furniture, dirt, rock, bricks and pieces of concrete, glass, rubber, crockery or other mineral waste deposited, left, discarded or scattered, that may become a breeding place for insects, rodents or vermin, or that may give off unpleasant odors or create a health or fire hazard where located. UNENCLOSED STRUCTURE. An area not totally surrounded with a combination of walls, windows, doors, floor and roof, such as carports, garages with no doors, porches, decks, patios, rooftops and balconies. WEEDS. All grasses, annual plants, vegetation and unattended growths of other plants, bushes and shrubbery: however, this term shall not include cultivated or attended trees flowers, gardens, planted perennial grasses, plants, bushes or shrubbery. WHITE GOODS. Appliances, including stoves, washers, dryers, refrigerators, freezers, water heaters, air conditioners, dehumidifiers and any appliance commonly used for household purposes. YARD WASTE. Accumulations of brush, grass clippings, leaves, garden waste, tree droppings (for example, pinecones and crabapples) and other materials accumulated as the result of the maintenance of lawns, vines and other vegetative landscaping. § 94.11 WEEDS. (A) Nuisance prohibited. Any owner, agent, occupant, responsible party or person shall have the duty to maintain trim or remove nuisance weeds and dead, infected or infested trees and bushes and eradicate noxious weeds on any part of the premises and parkway immediately adjacent to the premises so as to maintain compliance with this chapter. (B) Garden area. A weed and trimming notice shall not be issued for weeds in gardens during the regular growing season. When the Department determines a garden is done producing, all provisions of this section to abate and eradicate the nuisance will be enforced. (C) Open space. Except for provisions dealing with exotic and noxious weeds, this section shall not apply to open space areas as described in this division (C). Any land more than two acres in area and used actually and exclusively for maintaining or enhancing natural or scenic resources, that protects air or streams or water supplies, promotes conservation of soil, wetlands, beaches or marshes, public or private golf courses, preserves historic sites or enhances the value to the public of abutting or neighboring city, state or federally owned parks, forests, wildlife preserves, nature reservations, sanctuaries or other open spaces. Land is not used for open space purposes within the meaning of this division, if it is used primarily for residential purposes. (D) Privately contracted service. In the event that the city abates, or causes to be abated, a violation on any vacant property per 94.02 (D), or, has issued multiple violations in any two consecutive years on any vacant property, the city has the right, but not the obligation, to proceed through the administrative adjudication system to seek an order requiring the property owner to retain the services of a private contractor to maintain the height of all grass and weeds in compliance with this section. Proof of said retention shall consist of a copy of a valid, signed contract between the owner and contractor indicating that mowing services through the end of October of that year will be provided on a clearly defined schedule to prevent the height of any weeds or grass on the property from exceeding the maximum allowable height specified in Section 94.02(D). (E) Land owned by the city of Galesburg shall be exempt from the provisions of this section. § 94.12 PESTS. (A) Nuisance prohibited. No owner, agent, occupant, responsible party or person shall allow the presence of pests or a pest harborage to exist on any premises, whether improved or vacant, because it creates a hazard to the health and safety of individuals or the public, and contributes to conditions that cause blight and property degradation. (B) Spreading poisons. No person shall spread, or cause or permit any agent or employee to spread any poison for the purpose of killing pests without placing a wire or other similar guard in such way that no child or domestic animal, domestic fowl or other harmless creature can reach the same. § 94.13 DEBRIS, GARBAGE OR TRASH. (A) Nuisance prohibited. No owner, agent, occupant, responsible party or person shall permit or allow the dumping, depositing, discarding, dropping, maintaining, storing, throwing or otherwise disposing of debris, garbage, trash, ashes, yard waste or brush for more than ten calendar days on any part of any premises. (B) Unenclosed structures. It shall be unlawful to allow debris, garbage, trash, ashes, yard waste or brush in open or unenclosed structures, unless the structures are wholly located in a rear or side yard. The debris, garbage, trash, ashes, yard waste or brush shall be wholly contained in a proper receptacle as defined in this chapter or bundled and set out for collection on the next waste collection day in conformance with the requirements of the solid waste chapter of this municipal code (Chapter 50). (C) Construction sites. It shall be unlawful to not provide proper receptacles on construction sites that generate debris, garbage, trash, yard waste or brush. All debris, garbage, trash, yard waste or brush generated on a construction site shall be placed in a receptacle at the end of each work day that is of sufficient size to accommodate the debris, garbage, trash, yard waste or brush. The receptacle shall be maintained in such a way as to prevent the contents from blowing out. Every receptacle, having been filled, shall be removed from the construction site and where appropriate, replaced with another empty receptacle until such time as debris, garbage, trash, yard waste or brush is no longer generated by construction on the site. (D) Yard waste and brush. It shall be unlawful to allow brush on a premises that is not properly bundled and yard waste that is not in an approved yard waste receptacle. (E) Hazardous waste. It shall be unlawful to allow hazardous waste, in any amount, to be dumped, deposited, discarded, dropped, maintained, stored, thrown or otherwise disposed of on any part of any premises. (F) Composting. It shall be unlawful to allow a compost bin to be maintained on any part of any premises and parkway immediately adjacent to any premises in violation of the following standards. (1) The minimum size for a compost bin shall be three feet wide by three feet high by three feet long. The combined size of all compost piles on a property shall not exceed a maximum of five feet wide by five feet high by ten feet long. (2) Only the following organic materials shall be allowed in any compost bin: dirt, sod, landscape waste in which any woody materials and garden wastes have been reduced in size to one-half inch in diameter and 12 inches long, and cooked and uncooked fruits and vegetables; provided, however, that small amounts of wood ash or fertilizer may be added to provide nutrients. (3) The following materials shall not be allowed in any compost bin, including but not limited to: construction and demolition debris, metal items, preservative-treated wood products, petroleum products (gasoline, crankcase oil, paints or solvents), pesticides or herbicides (except that which is already conveyed as part of the organic materials described in division (G)(1) above), fish or animal feces, fish or animal carcasses, cooked meat scraps, human feces, paper, and plastic or cardboard items. (4) Compost bins shall be maintained by turning the compost material to permit aeration so as to prevent unpleasant odors and prevent the attraction or harboring of rodents and pests. (5) Compost bins shall not be located in any front or side yard, shall be set back at least five feet from any property line, and at least 30 feet from a principal structure on any adjoining lot. (6) Compost bins shall not be located on any drainage easement. § 94.14 OPEN CISTERNS. (A) In this section CISTERN means an underground artificial reservoir or tank designed for the storing of water. (B) Upon written notice by the Department of any open cistern, the owner shall cause the cistern to be either completely filled to ground level with suitable solid permanent fill materials or be covered with a proper cap or seal. Suitable solid permanent fill materials for cisterns shall include sand, gravel or dirt. No material of a hazardous, decomposable or unsanitary nature shall be utilized as fill. A proper cap or seal for cisterns shall consist of concrete with a thickness of at least three and one-half inches and large enough to cover the entire opening and overlap at least two inches around the opening. (C) If the open cistern is not either properly filled or properly capped or sealed within ten (10) days after service of the written notice, the city shall have the power to enter upon the premises, or to authorize its agent to do so, and to either properly fill or properly cap or seal the cistern. The expense of filling, capping or sealing the open cistern by the city or its agent shall be paid by the owner. If the expense is not paid within thirty (30) days after notice of the expense has been given to the owner, the city shall proceed to commence legal action against the owner for the collection of the expenses. (D) The written notice called for to be served by the Department and the notice of expense may be served personally upon the owner or may be sent by first class mail to the last known address of the owner as shown on the City Assessor’s records. § 94.15 ABANDONED WELLS. (A) In this section ABANDONED WELL means a potable water well or any other type of well which is no longer used for the purpose for which it was intended. (B) Upon written notice by a Department of any abandoned well, the owner shall cause the well to be properly sealed. A proper seal shall be in accordance with the most current rules of the State Department of Public Health concerning sealing of abandoned wells. (C) If an abandoned well is not properly sealed within thirty (30) days after service of the written notice, the city shall have the power to enter upon the premises or to authorize its agent to do so, and to properly seal the well. The expense of sealing the well by the city or its agent shall be paid by the owner. If the expense is not paid within thirty (30) days after notice of the expense has been given to the owner, the city shall proceed to commence legal action against the owner for the collection of the expenses. (D) The written notice called for to be served by the Department and the notice of expense may be served personally upon the owner or may be sent by first class mail to the last known address of the owner as shown on the City Assessor’s records. § 94.16 OUTSIDE STORAGE IN RESIDENTIALLY USED OR ZONED AREAS. (A) Nuisance prohibited. No owner, agent, occupant, responsible party or person shall permit outside storage in any residentially used or zoned premises, except as provided for in this subchapter. (B) Unenclosed structures. Outside storage shall be prohibited in open or unenclosed structures, unless the structures are wholly located in a rear or side yard and all items are enclosed in galvanized, noncorrodible metal or plastic containers that are rodent-proof, insect- proof and waterproof. The containers shall be properly stacked or bundled and otherwise in compliance with other provisions of this chapter. A plastic bag of any type is not considered an acceptable container for the storage of items in an unenclosed structure. (C) White goods. It shall be unlawful to allow white goods and similar appliances or appliance parts not specifically designed and manufactured for outdoor use to be discarded, abandoned or stored on premises unless set out for collection in conformance with the requirements of the solid waste chapter of this municipal code (Chapter 50). (D) Nonowner-occupied property. It shall be unlawful for an owner of a nonowner-occupied property to use the property for outside storage. (E) Storage of machinery. It shall be unlawful to store, maintain or leave as outside storage worn out, wrecked, abandoned or inoperable machinery such as tractors, lawnmowers, bicycles or white goods of any kind or any parts thereof, unless set out for collection in conformance with the requirements of the solid waste chapter of this municipal code (Chapter 50). (F) Laundry. It shall be unlawful to hang laundry including without limitation clothes, sheets, blankets and towels at any location within a front yard. The laundry may be hung on a wire or similar apparatus in a rear or side yard, that is elevated and secured at one or both ends by a post, structure, or tree. (G) Firewood. It shall be unlawful to have firewood on a premises, unless it is evenly piled or stacked in a rear yard on open racks of galvanized or noncorrodible metal or plastic, constructed in a manner that will support the loads imposed with minimal deflection to maintain not less than four inches above the ground so that the materials will not afford a harborage for rodents, snakes or vermin. Open racks shall also provide side uprights at both ends to contain the firewood. No single firewood rack shall exceed five (5) feet in height from ground level, ten feet in length, nor be deeper than two feet. The total combined area of multiple firewood racks shall not exceed 1,280 cubic feet. The wood storage shall be for personal use on the premises and not for retail sale. (H) Vehicle parts and tires. It shall be unlawful to store outside any vehicle parts or tires, with or without rims. (I) Construction material. It shall be unlawful to allow outside storage of construction material, unless located on a construction site and stored in a manner to protect their utility and prevent deterioration. (J) Heavy construction equipment. It shall be unlawful to allow outside storage of heavy construction equipment on a premises, unless the equipment is wholly enclosed within a building, or the equipment is being used on a construction site in connection with a legitimate service actually being rendered for the benefit of the premises. (K) Large limbs. It shall be unlawful to store large limbs outside, unless in the process of cutting and properly stacking for use as firewood or being placed in proper receptacles or bundled to be lawfully set out for collection at the next yard waste pickup and then the outside storage shall not exceed 30 calendar days. (L) Indoor upholstered furniture. It shall be unlawful to store any indoor upholstered furniture outside, except when the indoor upholstered furniture is placed at the curb on the customary collection day for it to be removed as part of the oversized item waste removal service, or when the indoor upholstered furniture is placed outdoors as part of a garage sale. (M) Portable toilets. It shall be unlawful to keep or maintain any portable toilets on a premises not in compliance with this division (N). (1) Service and maintenance. Portable toilets shall be maintained in sound structural condition and serviced by a private sewage disposal system pumping contractor licensed by the State Department of Public Health. Any defective or inadequate toilet unit shall be repaired or removed. (2) Location. Portable toilets shall be located in a rear yard, at least five (5) feet from rear and side property lines. (3) Vacant lot. Portable toilets shall not be allowed on a vacant lot, unless: (a) During periods of construction and prior to occupancy of any building or other facility; (b) At public or private golf courses; (c) At campsites, parks or other similar premises or lands owned by the state, the city, primary school, secondary school or college; (d) At concerts, rallies, meetings, sporting events and other public gatherings on lands owned by the state, the city, primary school, secondary school or college, when the public gatherings are approved by the governing bodies of the lands; and (e) During any emergencies resulting from natural phenomena. (4) Duration. Portable toilets must be removed from the premises within two working days after construction of a structure or building is complete. (N) Portable on-demand storage structures. It shall be unlawful to keep or maintain any portable on-demand storage structures on a premises not in compliance with this division (O). (1) Size. A portable on-demand storage structure shall not exceed 200 square feet in area nor shall it be higher than eight feet, six inches in height. (2) Setback. A portable on-demand storage structure shall be set back from any front, side or rear yard a minimum of five feet, unless placed on an existing impervious driveway, and be set back from any structures on the property a minimum of five feet. (3) Duration. A portable on-demand storage structure shall not be located on a premises for a period exceeding 240 hours from time of delivery to time of removal. (4) Frequency. No more than two portable on-demand storage structures shall be located on a specific premises at one time and shall not be located on a specific property more than two times in any given 30-day period. (5) Maintenance. All portable on-demand storage structures shall be free from rust, peeling paint and other forms of deterioration. (6) Special circumstances. In the event of fire, hurricane or natural disaster causing substantial damage to the structure, the property owner may request permission to extend the time that a portable on-demand storage structure may be located as a temporary structure on the property. (O) Accessory buildings and operable motor vehicles. It shall be unlawful to allow the combined area of accessory buildings and outside storage of operable motor vehicles of the first division as defined in the Illinois Motor Vehicle Act, recreational vehicles and boats and boat trailers, owned by an occupant of the premises, to occupy more than 30% of a rear yard or 2,000 square feet (whichever is less). The following requirements shall also be applicable: (1) A maximum of two vehicles (as described above) shall be allowed to be stored on an unpaved surface in a rear yard, the area of which shall be included in the 30% calculation. Any additional outside storage of vehicles must be on an approved driveway or parking space connected by the driveway. (2) If an accessory building already covers 30% of the rear yard, outside storage of one vehicle, as defined above, shall be permitted as long as storage is in a rear yard on a driveway or parking space. (3) Recreational vehicles, boats and boat trailers shall be operable and maintained in a clean, well-kept state that does not detract from the appearance of the surrounding area and shall not be used as habitable space, unless in an approved campground. Boats shall be stored on a boat trailer. (4) Outside storage of semi-trucks and semi-trailers is prohibited. (5) Off-street parking areas required in the zoning ordinance are not subject to this provision. § 94.17 PRAIRIE PLOT. (A) Nuisance prohibited. Any owner, agent, occupant, responsible party or person shall have the duty to maintain prairie plots in compliance with this section. (B) Residential. Residentially used or zoned property shall comply with the requirements as specified below. (1) Prairie plots may only be located in a rear yard. A rear yard is determined and defined as set forth in the zoning ordinance of the city. (2) Prairie plots shall only cover up to 10% of a rear yard. If prairie plots are intermingled with other vegetation so as to make it impractical to measure for determining if the percentage is more or less than 10% of the rear yard, the entire bed or area of mixed vegetation shall be deemed to be a prairie plot for the purpose of the calculation. (C) Defined edges. All prairie plots shall have borders that define the limits of the prairie plot. Borders shall include but are not limited to railroad ties, landscape timbers, landscape blocks, concrete edgers or metallic strips sunk into the ground. Trenching is not an allowable alternative. Prairie plots on commercial properties may be allowed to use a mowed lawn as a border, if approved by the City Council. If a prairie plot is burned in accordance with division (J) (F) below, landscape timbers and railroad ties are not recommended borders. (D) Setback. All prairie plots shall have a mandatory setback of five (5) feet from any property line to the defined edge of the prairie plot. (E) Prairie plot burns. Prairie plots may be burned under the following mandatory procedures and conditions to ensure complete safety and control of the burning. (1) Burning of a prairie plot is optional and up to the owner as to whether he or she chooses to burn his or her plot in any particular year. (2) A permit shall be required from the Illinois Environmental Protection Agency and the City Fire Department prior to each time a prairie plot is burned. The City Fire Department shall issue a prairie plot burn permit, if a permit is available, and the permit fee, as indicated in § 93.18, shall be payable at time of application. No more than five (5) prairie plot burn permits will be issued in the city in any calendar year. (3) Burning shall be done between February 1 and April 15. No fall burning is allowed. (4) The burning of a prairie plot shall not be used for the burning of tree leaves, branches, logs or other garden refuse. A violation of this section shall result in the immediate cancellation of any valid prairie plot permit. The minimum fine to be imposed upon conviction of a violation of this division (F) (4) shall be as set forth in § 94.99. (5) The City Fire Department shall be contacted to schedule a day and time for the burn so fire personnel and their equipment are present during the burn. (6) Burning shall not be attempted on windy days. A wind velocity of at least five miles per hour is needed to conduct a burn, which may aid in a cleaner and more thorough burn. (7) A thorough burn is best accomplished starting after noon when the morning dew has dissipated. No burning is allowed after dark. (8) All old growth of the previous season shall be chopped down to near ground level before burning. (9) An adequate length of garden hose, in good condition, shall be laid out to reach the entire perimeter of the plot. (10) A perimeter area of two to three feet wide around the plot shall be thoroughly wet down, including all surfaces of any border structures. (11) The plot shall be burned off starting the fire on the down-wind side of the plot. (12) After the fire is well started, the up-wind side may be fired to complete a thorough burn. (13) If, during the burn, smoke or ash is proving to be a nuisance to a neighboring yard, the fire must be immediately extinguished. (14) In prairie plots that are bordered by railroad ties or landscape timbers, the structures shall be thoroughly wet down before starting the burn. Railroad ties shall not be allowed to burn and are not recommended as borders. (F) Annual cutting and removing of plant debris. It shall be a requirement of this section and a condition of the permit that each year, the prairie plot shall be mowed or cut to near ground level and the resulting plant debris be removed from the site sometime during the dormant season and prior to May 1. If a prairie plot is burned in accordance with division (J) above, the ash from burning should be left on the site as a ground warming process that stimulates prairie growth and reduces weed competition. (G) Plant lists. The city recognizes the following sources as authoritative references concerning prairie plants. The Illinois Natural History Survey at the University of Illinois maintains a database listing of plants native to Illinois prairies. The Source Book on Natural Landscaping for Public Officials published by the U.S. Environmental Protection Agency includes a limited list of plants native to Illinois prairies commonly available in nurseries that are relatively easy to grow. The Illinois State Museum maintains a list of prairie plants found in Illinois prairies. Any owner, agent, occupant, responsible party or person proposing prairie plots involving plant species not recognized by the above organizations will be required to provide plans prepared by a landscape architect, horticulturist or similar qualified professional to show the proposed species are native to Illinois prairies. (H) Exemptions. The provisions of this section shall not be applicable to any premises or lands containing a prairie plot maintained by the United States of America, this state, or any unit of local government, primary school, secondary school or college. § 94.18 ENCLOSURE OF BUILDING OPENINGS. (A) Nuisance prohibited. No owner, agent, occupant, responsible party or person shall cause or allow any window, door, or other opening of a building to fall into a state of disrepair, remain open to the elements and become an attractive nuisance. (B) The failure to repair or replace the windows and/or doors shall constitute a violation of this section. Boarding up openings may be allowed if the boarding is done in compliance with the following boarding up specifications: (1) Openings shall be covered completely from the exterior with a minimum of one-half inch thick exterior grade plywood or other non-penetrable covering. The covering shall be cut, fitted and secured so it rests tightly against the exterior frame. (2) The covering shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (3) Boarded surface shall be of a color consistent with the exterior of the structure. § 94.19 USE OF TARPS AS COVERS FOR ROOFS AND GARAGE DOOR OPENINGS. Roofs and garage door openings, shall not be covered with tarps, except as an emergency measure due to fire, explosion, vandalism or other catastrophic event; or as an incident to the construction or repair of a building or structure. The covering shall not exceed 90 days unless the owner can provide written evidence for a reasonable time extension. § 94.20 STRUCTURE UNFIT FOR HUMAN OCCUPANCY (A) Structures that are or hereafter become unsafe for human occupancy, the procedure for the determination and placarding of the unfit structure shall be carried out in compliance with the requirements of this section. (B) A structure is unfit for human occupancy when the health, safety and welfare of occupants or adjacent occupants or properties is at risk of health or harm such as the structure is unsafe, unlawful or, because of the degree to which the building is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the building or to the public, hereof, may be declared to be unfit for human occupancy and may be so designated and a placard for condemnation shall be posted in a conspicuous place on the premises by the City Manager or his/her designee. (C) Any structure determined as unfit for human occupancy, and so designated and placarded shall be vacated within a reasonable period, not to exceed five business days as ordered by the City Manager or his/her designee. (D) No structure which has been determined and placarded as unfit for human occupancy shall again be used for human occupancy until written approval is secured from and the placard is removed by the Department who shall remove the placard only when the defect or defects upon which the determination and placarding action were based have been eliminated, and after the structure has been inspected and been found to comply in all respects with the requirements of this subchapter. (E) No person shall deface or remove the placard from any structure which has been determined and placarded as such, except as provided in division (D) above. (F) The owner, agent, occupant or other entity owning or in possession, charge or control of any structure deemed unfit for human occupancy shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other correction action approved by the Department. (G) An owner may file a written appeal of this designation with the City Clerk’s office. This appeal shall be filed within five business days of placarding of the building. Appeals shall be heard by the city’s administrative hearing officer at the next regularly scheduled administrative court date. (H) No person shall gain entry once the posted period to vacate has expired without written consent of the Community Development Department. INOPERABLE MOTOR VEHICLES § 94.25 IN GENERAL. (A) Declaration. Allowing outdoor parking or storage of inoperable motor vehicles, upon any private property and in view of the general public for more than seven (7) calendar days is hereby declared to be a nuisance. It is unlawful for any person to fail to remove an inoperable motor vehicle under his or her control after notice from the Department concerning same. (B) Nuisance prohibited. No owner, agent, occupant, responsible party or person shall park or store any inoperable motor vehicle upon any private property and in view of the general public for more than seven (7) calendar days. These acts do or may create a hazard to the health, safety or welfare of individuals or the public, is conducive to rodent or insect infestation, presents a fire hazard, and contributes to conditions that cause blight and property degradation. § 94.26 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONED VEHICLE. Any vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition or any vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted. ALL-TERRAIN VEHICLE (ATV). Any motorized vehicle off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer's dry weight of 1,500 pounds or less, traveling on 3 or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers. AUTOMOTIVE PART RECYCLER. A person who is in the business of acquiring previously owned vehicles and vehicle parts for the primary purpose of disposing of parts of vehicles in a manner other than a “scrap processor” as defined in the Illinois Vehicle Code. BUMPER. Any device or system of devices protruding from and attached to the front and rear of a motor vehicle that has been designed to be used to absorb the impact of a collision. DEMOLITION CAR. A vehicle kept primarily for purposes of competing in a demolition derby or other related automotive sport. DERELICT VEHICLE. Any inoperable, unregistered, discarded motor vehicle, regardless of title, having lost its character as a substantial property and left unattended without justification on the owner’s land. ESSENTIAL PARTS. All integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation. INOPERABLE VEHICLE. Any abandoned, derelict, junk or other motor vehicle from which, for a period of at least seven (7) days, the engine, wheels, transmission or other essential parts have been removed, or on which the engine, wheels or other essential parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. Also, for the purposes of this subchapter, an INOPERABLE VEHICLE is a machine propelled by a power, other than human power, designed to travel on the ground or upon the roads by the use of wheels, treads, runners or slides, to transport persons or property, or to pull machinery, and includes, but is not limited to, all automobiles, trucks, trailers, motorcycles, tractors and all trailers, wagons or other machinery designed to be pulled by such a vehicle and one which cannot be legally operated on the highway or street because one, or more, of the following have been removed or are not in proper condition and adjustment as required by state law, as now in effect or as hereinafter amended: (1) Front bumper; (2) Rear bumper; (3) Windshield; (4) Steering wheel; (5) Door; (6) Hood; (7) Headlight; and (8) One or more flat tires. JUNK VEHICLE. A vehicle which has been or is being disassembled, crushed, compressed, flattened, destroyed or otherwise reduced to a state in which it no longer can be returned to an operable state. MOTOR VEHICLE. Every vehicle which is divided into two divisions: (1) First division. Those motor vehicles which are designed for the carrying of not more than ten persons; or (2) Second division. Those motor vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those motor vehicles which are designed for pulling or carrying freight or cargo, and those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division. MOTORCYCLE. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. MOTOR-DRIVEN CYCLE. Every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement, including motorized pedal cycles. MOTORIZED PEDALCYCLE. A bicycle-type vehicle, which has tires with an overall inflated diameter of 19 inches or more, with fully operative pedals for propulsion by human power, equipped with a power drive system that functions directly or automatically only and not requiring clutching or shifting by the operator after the drive system is engaged, and a helper motor with a cylinder capacity not exceeding 50 cubic centimeter displacement, which produces no more than two brake horsepower, and is capable of propelling the vehicle at a maximum speed of no more than 30 miles per hour on level ground. OWNER. A person who holds legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of the motor vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter. In the absence of any vehicle identification numbers or plate on the motor vehicle, the owner shall be presumed to be the tax bill owner of the real estate upon which the motor vehicle is found. PARK or PARKING. The standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers. RACE CAR. A vehicle kept primarily for purposes of competing in a racing event or other related automotive sport. RECREATIONAL VEHICLE. Every camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper used primarily for recreational purposes and not used commercially nor owned by a commercial business, all as defined in § 70.001. VEHICLE. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act. § 94.27 GENERALLY; EXEMPTIONS. An inoperable vehicle shall not include the following: (A) Any motor vehicle that is completely enclosed within a building when not in use; (B) Any inoperable vehicle that is stored within a completely enclosed operable trailer; (C) A motor vehicle, capable of being driven under its own motor vehicle power, that is completely enclosed with a commercial weatherproof vehicle cover that is in good condition, and not located in any front yard. Such a cover does not include a blue tarp; (D) A motor vehicle on the premises of a place of a business engaged in the wrecking, junking or recycling of motor vehicles, licensed by the state and in compliance with all other regulations pertaining to that business in this municipal code; (E) A motor vehicle that is parked upon the premises lawfully zoned for the business of repairing, towing or selling by a licensed automobile dealer; (F) A motor vehicle which is on premises where the owner of a demolition car resides. Demolition cars may be stored outside, if enclosed within a fitted, commercial, weatherproof vehicle cover that is in good condition, but not in any front or side yard during the local demolition season from May 1 to September 1. The rest of the year the vehicle must be completely enclosed in a building or operable trailer; and (G) A motor vehicle which is on premises where the owner of a race car resides. Race cars may be stored outside, if enclosed within a fitted, commercial, weatherproof vehicle cover that is in good condition, but not in any front or side yard during the local race car season, from May 1 to September 1. The rest of the year the vehicle must be completely enclosed in a building or operable trailer. § 94.28 NOTICE AND EXTENSION. (A) Pretowing notice. If an inoperable vehicle exists on the premises in violation of this subchapter, the Department shall mail notice, by U.S. mail, to the owner of the inoperable motor vehicle as indicated in the most current registration list of the Illinois Secretary of State, or the secretary of state office of any other state in which the vehicle may be registered. If the applicable secretary of state office reports that it does not have the name of the owner, the Department may place a sticker on the vehicle. (B) If the nuisance vehicle is not abated, the Department shall proceed through the administrative adjudication system to seek a court order for removal of the vehicle. § 94.29 AUTHORIZATION FOR TOWING. (A) The towing of vehicles by the city, or its approved towing service operators, shall be authorized only by the Police Department. Towed vehicles shall be impounded at facilities designated by the Police Department until lawfully claimed or disposed of pursuant to law. § 94.32 RELEASE OF MOTOR VEHICLES. (A) Before the owners of any vehicle impounded under this subchapter shall be permitted to remove the vehicle, the owner or other person entitled to possession shall furnish evidence of identity and ownership of the vehicle or right to possession, sign a receipt for the vehicle, and pay the total amount due for towing and storage. (B) The owner shall pay fees established by the towing operator. The owner may pay the full amount of fees and subsequently request a hearing pursuant to this subchapter. (C) The owner may request a hearing at the time of obtaining the vehicle. In that case, the owner shall submit a request for hearing and obtain immediate release of the vehicle after full payment of all fees currently owing. A hearing shall take place at the next administrative adjudication hearing date. DANGEROUS AND UNSAFE BUILDINGS § 94.45 DANGEROUS AND UNSAFE BUILDINGS GENERALLY. (A) It shall be unlawful for any owner or agent thereof to keep or maintain any building or structure or part thereof in any unsafe or dangerous condition. The word BUILDING, as used in this subchapter, shall describe any walled or roofed structure including mobile homes, commercial or industrial establishments, dwellings and any accessory structures. (B) The provisions contained in this subchapter do not preclude the city from proceeding under provisions of Article 11, Division 31 of the Illinois Municipal Code, ILCS Ch. 65, Act 5, §§ 11-31- 1 et seq. § 94.46 DEFINITION. For the purpose of this subchapter, any building or structure which has any of the following defects or is in any of the conditions hereinafter described shall be deemed a DANGEROUS BUILDING and any conditions hereinafter described shall be deemed unsafe: (A) Whenever any portion thereof has been damaged by wind, flood, fire, water or in any other manner so that the structural strength or stability thereof is appreciably less than it was before the damage; (B) Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged, or to collapse and thereby injure persons or damage property; (C) Whenever any portion thereof has settled to the extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction; (D) Whenever any building or structure or any part thereof, because of dilapidation, deterioration, decay, faulty construction; or because of the removal or movement of some portion of the ground necessary for the purpose of supporting the building or portion thereof; or for other reason, is likely to partially or completely collapse; or some portion of the foundation or underpinning is likely to fall or give away; (E) Whenever for any reason whatsoever, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is used; (F) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play in or about the building structure to their danger; (G) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to afford a harbor for trespassers, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful acts; (H) Whenever a building or structure is infested with rodents, insects, pests or other vermin, and is therefore likely to cause sickness or disease; or (I) Whenever any building shall become vacant, dilapidated or open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers. § 94.47 PROCEDURE CONCERNING DANGEROUS AND UNSAFE BUILDINGS. (A) When a building within the city is found to be in a dangerous and unsafe condition, the Community Development Department shall proceed to give notice to the persons entitled thereto and in the manner provided in ILCS Ch. 65, Act 5, §§ 11-31-1 et seq. (B) The Community Development Department may grant reasonable extensions to the deadline established in the notice referred to in division (A) above. Each extension shall not exceed thirty (30) calendar days, and in no case shall the total of extensions granted exceed 120 days. Extensions shall only be granted if the following information is provided to and approved by the Department: (1) If not already available to the city, the name, address and telephone number of the owner, local agent or representative and any persons with legal interests in the property, building and premises; (2) A written plan of action to repair any doors, windows or other openings that are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type. The proposed repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type; (3) A time schedule shall be submitted identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and other identified deficiency noted in the notice referred to in division (A) above; (4) When the owner proposes to demolish the building or structure, then the owner shall submit a plan and time schedule for the demolition; (5) A plan of action describing how the owner intends to maintain the building and premises thereof in conformance with this subchapter; and (6) Each time an owner requests a time extension, the items of divisions (B)(1) through (5) above must be updated by the owner and approved by the Department prior to time extension approval. (C) Abatement by city. Upon refusal or neglect to comply with the notice the Department shall apply to the Knox County Ninth Judicial Circuit Court or to the City’s administrative adjudication court for an order authorizing action be taken with respect to a building. (D) Statement of cost. The actual costs of demolition, removal of garbage, debris, and other noxious or unhealthy substances and materials, repair, or enclosure pursuant to a court order, the cost, including court costs, attorney's fees, and other costs related to the enforcement of this subsection shall be billed to the owner or owners of record listed on the City Assessor’s records. A statement for the costs shall be served either personally or by regular mail and must include: (1) Identify the property where the violation occurred sufficient for identification thereof; (2) The amount of money representing the cost and expense incurred or payable for the service; (3) The date or dates when the cost or expenses were incurred by the city or one acting under its direction or control; and (4) An explanation that if the bill is not paid in full within 15 thirty (30) days, a late fee will be added to the bill and the city will prepare and file a lien. (E) Lien. If the costs are not paid within 15 thirty (30) calendar days of the mailing of the statement, the Department shall proceed to perfect and enforce a lien upon the real estate affected, as provided in § 11-31-1 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-31-1) as now in force and hereafter amended. (F) Release of lien. Upon full payment of the cost or expenses associated with the lien by the tax bill owner, agent or responsible party or person interested in the property, after notice of lien has been filed, the lien release document will be provided by the city to the responsible party so the release may be filed of record by the responsible party as in the case of filing notice of lien by the city. (G) Foreclosure. A lien under this section may be enforced by proceedings to foreclose as in the of mortgages or mechanic’s liens and may be commenced at any time after the date of filing of the notice of lien. The costs of foreclosure incurred by the municipality, including court costs, reasonable attorney’s fees, advances to preserve the property, and other costs related to the enforcement of this division (G), plus statutory interest, are a lien on the real estate and are recoverable by the municipality from the owner or owners of the real estate, as provided in § 11- 31-1 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-31-1) as now in force and hereafter amended. (H) Abandoned Property. In addition to any other remedy provided by law, the Department may petition the circuit court to have property declared abandoned as provided in § 11-31-1 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-31-1) as now in force and hereafter amended. if: (1) the property has been tax delinquent for 2 or more years or bills for water service for the property have been outstanding for 2 or more years; (2) the property is unoccupied by persons legally in possession; and (3) the property contains a dangerous or unsafe building for reasons specified in the petition. (a) All persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, shall be named as defendants in the petition and shall be served with process. (b) If the municipality proves that the property is an Abandoned Property and (i) if neither the owner of record nor the owner of the beneficial interest of the trust enters an appearance, or (ii) if the owner of record or the beneficiary of a land trust, enters an appearance and specifically waives his or her rights, the court shall declare the property abandoned. (c) If that determination is made, notice shall be sent in person or by certified or registered mail to all persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, stating that title to the property will be transferred to the municipality unless, within 30 days of the notice, the owner of record or any other person having an interest in the property files with the court a request to demolish the dangerous or unsafe building or to put the building in safe condition, or unless the owner of record enters an appearance and proves that the owner does not intend to abandon the property. (d) If the owner of record has not entered an appearance and proven that the owner did not intend to abandon the property, and if no person with an interest in the property files a timely request or if the requesting party fails to demolish the building or put the building in safe condition within the time specified by the court, the Department may petition the court to issue a judicial deed for the property to the municipality. A conveyance by judicial deed shall operate to extinguish all existing ownership interests in, liens on, and other interest in the property, including tax liens, and shall extinguish the rights and interests of any and all holders of a bona fide certificate of purchase of the property for delinquent taxes. CHRONIC NUISANCE PROPERTIES § 94.50 DEFINITIONS. For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CHRONIC NUISANCE PROPERTY. Property shall be property upon which any of the following occur: (1) Three or more of the criminal offenses listed below have occurred during any 365-day period, or two or more of the following criminal activities during any 60-day period. Offenses shall be the result of separate factual events that have been independently investigated by a law enforcement agency: (a) Any homicide offense as defined in ILCS Ch. 720, Act 5, §§ 9-1 et seq.; (b) Any kidnapping offense as defined in ILCS Ch. 720, Act 5, §§ 10-1 et seq.; (c) Any sexual assault, sexual abuse, or related offenses as defined in major sex offenses ILCS Ch. 720, Act 5, §§ 11-1.10 et seq., vulnerable victim offenses, ILCS Ch. 720, Act 5, §§ 11-9.1 et seq., prostitution offenses, ILCS Ch. 720, Act 5, §§ 11-14 et sq., or pornography offenses, ILCS Ch. 720, Act 5, §§ 11-20 et seq.; (d) Assault or battery or any related offense as defined in ILCS Ch. 720, Act 5, §§ 12-1 et seq.; (e) Criminal housing management as defined in ILCS Ch. 720, Act 5, §§ 12-5.1 and 12- 5.l(a); (f) Possession of explosives or incendiary devices as defined in ILCS Ch. 720, Act 5, § 20-2; (g) Any offense involving deadly weapons as defined in ILCS Ch. 720, Act 5, § 20-2; (h) Mob action as defined in ILCS Ch. 720, Act 5, § 25-1; (i) Possession, manufacture, or delivery of controlled substances as defined in ILCS Ch. 720, Act 5, §§ 401 et seq.; (j) Possession, cultivation, manufacture, or delivery of cannabis as defined in ILCS Ch. 720, Act 550, §§ 1 et seq; except to the extent as is permitted under state law; (k) Gambling as defined in ILCS Ch. 720, Act 5, § 28-1; (l) Assault or battery or any related offense as defined in ILCS Ch. 720, Act 5, §§ 12-1 et seq., but not including domestic violence or sexual violence against the occupant, tenant, or guest of the property in compliance with ILCS Ch. 65, Act 5, §§ 1-2-1.5 et seq.; (m) Public indecency as defined in ILCS Ch. 720, Act 5, § 11-9; (n) Criminal damage to property as defined in ILCS Ch. 720, Act 5, §§ 21 et seq.; (o) Illegal consumption or possession of alcohol as defined in ILCS Ch. 235, Act 5, §§ 1- 1 et seq. (2) Any property that the hearing officer has found is in violation of §§ 150.165(J) or 150.166(G) which has not corrected the violation within the time period ordered by the hearing officer for the city’s administrative adjudication system. (3) Any property where the hearing officer has found three or more separate violations of §§ 94.13 Debris, garbage or trash or 94.16 Outside storage in residentially used or zoned areas of the Galesburg City Code that have required the city to abate the nuisance within a six-month period. CRIMINAL OFFENSE (1) Criminal offenses only count for the purposes of this subchapter if an owner of the property, tenant, or person permitted to be at the property by an owner or tenant committed or participated in the offense. (2) A criminal offense has occurred for the purposes of § 94.50(A) if conduct has resulted in a criminal conviction, pending indictment, or pending criminal charge or ticket. CONTROL. The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property. OWNER. Any person, partnership, land trust, or corporation having any legal or equitable interest in the property. OWNER includes, but is not limited to: (1) A mortgagee in possession in whom is vested: (a) All or part of the legal title to the property; or (b) All of part of the beneficial ownership and the right to the present use and enjoyment of the premises; or (2) An occupant who can control what occurs on the property; or (3) Any person acting as an agent of an owner as defined herein. PERMIT. To allow, consent to, participate in or encourage, or expressly assent or agree to the doing of an act. A victim of domestic violence or sexual violence cannot be considered to have permitted a perpetrator’s act or actions. In no event shall any police contact that was made by, or on behalf of, or otherwise concerns an individual with a disability be used in the determination that a property is a chronic nuisance property when the purpose of the contact was related to that individual’s disability. PROPERTY. Any real property, including that which is affixed, incidental or pertinent to land, including but not limited to any premises, room, house, building or structure or any separate part of portion thereof, whether permitted or not. § 94.51 NOTICE OF VIOLATION. A notice of violation shall be issued to the owner(s) of any chronic nuisance property. The notice shall be sent by certified mail return receipt required and first class mail to the address listed on the tax roll. The notice of violation must also be posted at the property where the nuisance activities occurred. The notice of violation must contain at least the following information: (A) The address and parcel index number of the property; (B) A description of the facts constituting a violation of this subchapter; (C) A statement that the property has been declared to be a chronic nuisance; (D) The date, time, and location of an adjudicatory hearing before the hearing officer of the city’s administrative adjudication system to be held on the property’s designation as a chronic nuisance property or other violation; (E) A statement that the costs of any chronic nuisance services provided by the city may be liened against the property. § 94.52 HEARING ON DESIGNATION AS CHRONIC NUISANCE PROPERTY. (A) The hearing on the chronic nuisance designation shall be conducted before the hearing officer of the city administrative adjudication system. This hearing shall be limited to the review of the record or evidence upon which the city based the declaration of chronic nuisance property, including any evidence submitted by the property owner to rebut the city’s evidence. (B) After reviewing the record or evidence upon which the city based its determination and the evidence submitted by the property owner the hearing officer must either uphold or reject the declaration of chronic nuisance property The decision of the hearing officer must be in writing and is deemed final. If the hearing officer upholds chronic nuisance designation, the hearing officer may order any remedies as outlined in § 94.53 of this subchapter. If the hearing officer rejects the notice of violation, he or she must identify the actual, procedure or legal error upon which the decision is based. (C) The failure of any owner( s) to appear at the hearing shall not relieve the city of its burden to show sufficient evidence at the scheduling hearing that the property is a chronic nuisance property. (D) Any decision by the administrative hearing officer that a property does or does not qualify as a chronic nuisance shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law (ILCS Ch. 735, Act 5, §§ 3- 101 et seq.). § 94.53 REMEDIES FOR CHRONIC NUISANCE. (A) In the event that the hearing officer determines property to be a chronic nuisance property, the hearing officer may order any or all of the following: (1) That the property is closed for a period of not less than 30 days, but not more than 180 days, except that properties which are deemed a chronic nuisance under § 94.50(A)(2) may be closed for any period until water or power is properly connected at the property. (2) That the owner secures the property against use of occupancy of the property for the time period listed above. (3) That the city physically secure the property against use or occupancy in the event that the owner fails to do so within the time specified by the hearing officer. In the event that the city is authorized to secure the property or otherwise abate a chronic nuisance, all costs reasonably incurred by the city to effect closure or abate the nuisance shall be assessed against the owner and the property. The city shall submit a statement of costs to the court for its review. If no objection of the statement is made within the time period prescribed by the court, or if the court, after objection is made, determines that the statement of costs is accurate the court shall approve such costs. (4) A fine of $1,000 or a fine of up to $100 per day against the owner of the property for each day the owner had actual knowledge that the property was a chronic nuisance property and permitted the property to remain a chronic nuisance property. (5) That the owner post a reasonable bond to assure future compliance with the statutes of the State of Illinois or the ordinances of the city for a reasonable period of time, not to exceed one year. (B) In determining an appropriate remedy, the hearing officer may consider evidence of other conduct which has occurred on the property, including, but not limited to: (1) The actions or lack of action taken by the owner to mitigate or correct the problem at the property; (2) Whether the problem at the property was repeated or continuous; (3) The magnitude or gravity of the problem; (4) The cooperation of the person in charge of the property with the city; (5) The cost to the city to investigate and correct or attempt to correct the chronic nuisance condition; (6) The actual disturbance to neighbors. (C) Any person who is assessed the cost of abatement and/or civil penalty by the court shall be personally liable for the payment thereof to the city. If payment is not made, the city may pursue all available collection procedures, including, civil collection or requesting a court to find the owner in contempt of court for nonpayment of such costs. (D) Upon the administrative hearing officer’s final determination that a property is a chronic nuisance property and until that designation is removed as provided herein, the city shall be entitled to include the property (as identified by its address and/or parcel identification number) and the property’s title owner on a list of chronic nuisance properties, maintained by the city and available to the public. A list of chronic nuisance properties shall be published on the city’s website. § 94.54 REGISTRATION AND INSPECTION OF CHRONIC NUISANCE PROPERTIES. (A) Within 30 days from the date the property has been determined by the administrative hearing officer to be a chronic nuisance property, the owner(s) of that property shall file with the City Clerk an annual registration statement for that property. The registration statement shall contain the following information: (1) The name, street address, and telephone number of each owner of the property (a P.O. box is not sufficient). If the owner of the chronic nuisance property is a partnership, corporation, limited liability company or voluntary unincorporated association, the statement shall further include the name, street address, and telephone number of each partner (general and limited) in the case of partnership, each officer in the case of a corporation, each manager in the case of a manager-managed LLC, or each member in the case of a member-managed LLC; and (2) The name, street address (a P.O. Box is not sufficient) and telephone number of a person 21 years or older, designated by the owner(s) of the chronic nuisance property as the authorized agent for receiving notices of code violations or citations and receiving process in any court proceeding or administrative enforcement proceeding, on behalf of the owner(s) in connection with the enforcement of this code; and (3) The name, street address and telephone number of the person or entity responsible for managing, controlling, or collecting rents for the chronic nuance property if someone or some entity other than the owner(s). (B) The owner(s) of a chronic nuisance property shall, no earlier than 30 days before, nor any later than 30 days after the date which is one year after the final determination by the administrative hearing officer that the property is a chronic nuisance property, cause the chronic nuisance property to be inspected by a city inspector, whose inspection report(s) shall be submitted to the Housing Program Coordinator. The owner shall certify to the Housing Program Coordinator or Galesburg Police Department that no later than 90 days from the date of the inspection provided for herein that all violations contained in the inspection report that resulted therefrom have been repaired, corrected, cured or mitigated. (C) The owner(s) of a chronic nuisance property shall no earlier than 30 days before, nor any later than 30 days after the date which is two years after the final determination by the administrative hearing officer that the property is a chronic nuisance property, cause the chronic nuisance property to be inspected by a city inspector whose inspection report shall be submitted to the Housing Program Coordinator. The owner shall certify to the Housing Program Coordinator or Galesburg Police Department representative that no later than 90 days from the date of the inspection provided for herein that all violations contained in the inspection report that resulted therefrom have been repaired, corrected, cured or mitigated. (D) The failure of the owner(s) of a property to comply with any of its or their obligations under this section shall cause the property to be re-designated as a chronic nuisance property and each of the obligations set forth herein shall apply to the property as if the property were first designated a chronic nuisance property on the date on which the owner(s) obligations hereunder were not completed or satisfied. (E) The designation of a property as a chronic nuisance property shall be removed upon (i) the payment by the owner(s) of any fine provided for in this section, (ii) the timely submission of the required inspection reports and certifications of repair and (iii) the timely submission of the registration statement as required by this chapter. § 94.55 EMERGENCY CLOSING PROCEDURES. (A) In the event that it is determined that the property is an immediate threat to the public safety and welfare, the city may apply to the hearing officer or court for such interim relief as it deems necessary. Where there is an immediate threat to the public safety and welfare the notification provision set forth in § 94.52 of this subchapter are not mandatory; however, the city shall make a diligent effort to notify the person in charge prior to a court hearing. (B) In the event that the court or hearing officer finds the property constitutes a chronic nuisance property, and finds that the property is an immediate threat to the public safety and welfare the court may order the remedies set forth in § 94.53 of this subchapter. In addition, in the event that it also finds the person in charge had knowledge of activities or conditions of the property constituting or violating this chapter and permitted the activities to occur, the court may assess a civil fine pursuant to § 94.53 of this subchapter. § 94.56 SEVERABILITY. If any provision of this subchapter or its application, or a person or circumstance held to be invalid for any reason, the remainder of said application of its provision to the other persons or circumstances shall not be in any way affected. § 94.99 PENALTY. (A) Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction for a first offense, be fined not less than $250 nor more than $1,000; upon conviction for a second offense within a 12-month period, shall be fined not less than $500 nor more than $1,000; and upon conviction for a third or subsequent offense within a 12-month period, shall be fined not less than $750 nor more than $1,000. Each day during which a violation or noncompliance occurs or continues shall be deemed to be a separate offense. (B) The minimum fine to be imposed upon conviction of a violation of § 94.17(F)4 shall be $500. SECTION 2 All ordinances, or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION 3 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this day of , 2022, by a roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ Nays: ________________________________________________________________________ Absent: _______________________________________________________________________ Abstain: ______________________________________________________________________ ATTEST: ______________________________ Peter Schwartzman, Mayor ____________________________ Kelli R. Bennewitz, City Clerk COUNCIL LETTER CITY OF GALESBURG MAY 2, 2022 AGENDA ITEM: Ordinance approving the 2022 amendments to the Tax Increment Redevelopment Plan and Project for the Central/E Main (TIF 4) Redevelopment Area. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend the City Council approve the ordinance. BACKROUND: The City Council adopted ordinances to approve a Redevelopment Plan and Project for the TIF 4 area on June 2, 2008. Since that time, significant progress has been made with respect to the redevelopment of properties in these areas, but more remains to be done. The City Council authorized the hiring of PGAV Planners, LLC to prepare the amendment to the Redevelopment Plan and Projects of TIF 4. The amendment will officially amend the Plan to by including additional parcels to further the goals of the TIF plan. The TIF Act requires a number of steps to be completed throughout the process of amending the Redevelopment Plan and Project. These steps are summarized below. •January 3, 2022 Council approved resolution 22-02 authorizing a Feasibility Study on the amendment of TIF 4. •January 28, 2022 a draft 2022 Amendment to TIF 4 Redevelopment Plan & Project was filed with the City Clerk’s office and kept available for public inspection. •February 7, 2022 Council approved resolution 22-05 establishing the date and time of a public hearing on the proposed 2022 Amendment to TIF 4 Redevelopment Plan & Project, a copy of said plan was also provided to Council. •February 8, 2022 a notice of public hearing was sent via certified mail to all affected taxing bodies and the Illinois Department of Commerce and Economic Opportunity. Notices of the Joint Review Board meeting were also provided to all taxing districts. •February 9, 2022 a notice of availability of the TIF Plan Amendment was sent to all residential addresses within 750 feet of the boundaries of TIF 4 and anyone listed on the Interested Parties Registry. •February 22, 2022 the Joint Review Board (JRB) met to review the TIF 4 Redevelopment Plan & Project and adopting ordinance. The JRB report was provided to City Council on February 25th. •March 5th and March 12th Public notices were published in the newspaper notifying the general public of the public hearing date and time. •March 8, 2022 certified letters were sent to all property owners within the TIF 4 boundary notifying them of the date and time of the public hearing. •April 4, 2022 the public hearing was held. 22-1015 All of the statutory notice and procedural requirements have been met, and it is appropriate to consider the adoption of the attached ordinance. The form of these ordinances is pursuant to the requirements of the Act. After passage of the ordinance, the City will transmit the ordinance to the County Clerk so they are aware of the amendments. BUDGET IMPACT: Adoption of the TIF ordinances will result in the City General Fund continuing to forgo its portion of any tax increment that occurs in the area for the remaining life of the TIF 4 District. The increment will instead accrue to a special TIF Fund that will be limited in its use and application to the projects and programs set forth in the Redevelopment Plan and as limited by the TIF Act. However, because the TIF funds will be used for the purposes of revitalization in the area and the removal of blighting conditions that are currently present, it should result in a benefit to the area and be a positive long-term economic and fiscal benefit to the City and all affected taxing districts. SUPPORTING DOCUMENTS: 1.Amending Ordinance for TIF 4 2. 2022 Amendment to the TIF 4 Redevelopment Plan and Project ORDINANCE NO. ________ ORDINANCE APPROVING THE 2022 A MENDMENT TO THE TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PLAN AND PROJECT FOR THE CENTRAL AREA REDEVELOPMENT PROJECT AREA NO. 4 WHEREAS, on June 2, 2008, the City Council of the City of Galesburg adopted Ordinances 08- 3224, 08-3225, and 08-3226 which adopted a Redevelopment Plan and Project (the “Plan”), designated a Redevelopment Project Area (the “Project Area”) and adopted tax increment financing (“TIF”) pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et. seq, (“TIF Act”) for a portion of the City referred to as the Central/East Main Redevelopment Project Area (also referred to as TIF No. 4); and WHEREAS, the City now desires to amend the Plan and Project Area to advance new community revitalization initiatives within the areas to be added to the Project Area; and WHEREAS, subsection 11-74.4-5(c) of the Act provides that a redevelopment plan and redevelopment project area may be amended, provided that changes that: (1) add additional parcels of property to the proposed redevelopment project area; (2) substantially affect the general land uses proposed in the redevelopment plan; (3) substantially change the nature of the redevelopment project; (4) increase the total estimated redevelopment project costs set out in the re-development plan by more than 5% after adjustment for inflation from the date the plan was adopted; (5) add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan; or, (6) increase the number of inhabited residential units to be displaced from the redevelopment project area, as measured from the time of creation of the redevelopment project area, to a total of more than 10 shall be made only after the municipality gives notice, convenes a joint review board, and conducts a public hearing pursuant to the procedures set forth in Sections 11-74.4-5 and 11-74.4-6 of the TIF Act; and, WHEREAS, the City of Galesburg has drafted the “2022 Amendment to the Central/East Main Area Tax Increment Financing Redevelopment Plan and Project (the “2022 Plan Amendment”) to (i) amend the boundaries of the Project Area to include additional areas; (ii) make other modifications to the text of the Plan and Project as necessary; and WHEREAS, the 2022 Plan Amendment was made available for public inspection at the City Clerk’s office on January 28, 2022; and WHEREAS, the City Council did on February 7, 2022 pass Resolution 22-02 setting April 4, 2022 as the date for the public hearing on the 2022 Plan Amendment, with the time and place of such hearing identified in said Resolution; and WHEREAS, due notice with respect to the availability of the 2022 Plan Amendment was given by mail on February 8, 2022 pursuant to Section 11-74.4-5 of the Act, said notice being given to all interested parties that have registered with the City concerning TIF No. 4; and WHEREAS, due notice in respect to the availability of the 2022 Plan Amendment, was given by mail on February 9, 2022 pursuant to Section 11-74.4-5 of the Act, said notice being given to all residential addresses that, after a good faith effort, the City determined are located within 750 feet of the boundaries of the Project Area; and WHEREAS, pursuant to Section 11-74.4-5 of the Act, the City caused a public hearing to be held relative to the proposed 2022 Plan Amendment on April 4, 2022 at Galesburg City Hall; and WHEREAS, due notice in respect to such hearing was given pursuant to Section 11-74.4-5 and 6 of the Act, said notice being given to taxing districts and to the State of Illinois by certified mail on February 8, 2022; by publication on March 5, 2022 and March 12, 2022; and by certified mail to property owners within the Area on March 8, 2022; and WHEREAS, the City Council has reviewed its proposed 2022 Plan Amendment and its Comprehensive Plan for the development of the City as a whole to determine whether the proposed 2022 Plan Amendment conforms to the Comprehensive Plan of the City: NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, that: 1. The City Council of the City of Galesburg makes the following findings: a. The areas to be added to the Project Area are described in Exhibit A, attached hereto and made part of this Ordinance. b. There exist conditions that cause the areas to be added to the Project Area to be classified as a “conservation area” as defined in Section 11-74.4-3 of the Act. c. The areas to be added to the Project Area, on the whole, have not been subject to growth and development through investment by private enterprise and would not be reasonably anticipated to be developed without the adoption of the 2022 Plan Amendment. d. The 2022 Plan Amendment conforms to the Comprehensive Plan for the development of the municipality as a whole. e. The parcels of real property to be added to the Project Area are contiguous and only those contiguous parcels of real property that will be substantially benefited by the proposed redevelopment projects are included in the Redevelopment Project Area No. 4. f. The estimated date for the completion of the redevelopment projects or retirement of obligations issued shall not be later than December 31 of the year in which the payment to the City Treasurer as provided in subsection (b) of Section 11-74.4-8 of the Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the Redevelopment Project Area No. 4 was adopted (i.e. December 31, 2031). 2. The 2022 Amendment to the TIF Redevelopment Plan and Project for Redevelopment Project Area No. 4, dated January 28, 2022, which was the subject matter of the hearing held on April 4, 2022, is hereby adopted and approved. A copy of the aforementioned 2022 Plan Amendment, marked as Exhibit B, is attached to and made a part of this Ordinance. 3. The areas described in the attached Exhibit A as property to be added to Redevelopment Project Area No. 4 is hereby designated as part of Redevelopment Project Area No. 4 pursuant to Section 11-74.4.4 of the Act: 4. Tax increment financing is hereby adopted with respect to the properties added as part of the 2022 Plan Amendment, as approved and adopted by this Ordinance, which said properties are designated by this Ordinance as part of Redevelopment Project Area No. 4, the boundaries thereof being legally described in Exhibit A of this Ordinance. 5. After the total equalized assessed valuation of taxable real property added to Redevelopment Project Area No. 4 by the 2022 Plan Amendment exceeds the total initial equalized assessed value of all taxable real property added to Redevelopment Project Area No. 4, the ad valorem taxes, if any, arising from the levies upon said taxable real property by taxing districts and the rates determined in the manner provided in paragraph (c) of Section 11-74.4-9 of the Act each year after the effective date of this Ordinance until the redevelopment project costs and all municipal obligations issued in respect thereto have been paid shall be divided as follows: a. That portion of taxes levied upon each taxable lot, block, tract or parcel of real property which is attributable to the lower of the current equalized assessed value or the initial equalized assessed value of each such taxable lot, block, tract or parcel of real property added to Redevelopment Project Area No. 4 by the 2022 Amendment shall be allocated to and when collected shall be paid by the County Collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing. b. That portion, if any, of such taxes which is attributable to the increase in the current equalized assessed valuation of each lot, block, tract or parcel of real property added to Redevelopment Project Area No. 4 by the 2022 Plan Amendment over and above the initial equalized assessed value of each property in the area added to Redevelopment Project Area No. 4 by the 2022 Plan Amendment shall be allocated to and when collected shall be paid to the municipal treasurer who shall deposit said taxes into the Special Tax Allocation Fund for Redevelopment Project Area No 1 of the City of Galesburg for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof, pursuant to such appropriations which may be subsequently made. 6. The City Clerk is hereby directed to notify the County Clerk of the 2022 Plan Amendment and request that the initial equalized assessed valuation be certified for those parcels of property added to Redevelopment Project Area No. 4. 7. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. 9. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Approved this _ day of , 2022 , by a roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ Nays: ________________________________________________________________________ Absent: _______________________________________________________________________ Abstain:_______________________________________________________________________ ______________________________ Peter Schwartzman, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk Attachments: Exhibit A Boundary descriptions of areas added to Redevelopment Project Area NO. 4 Exhibit B 2022 Amendment to the Tax Increment Financing Redevelopment Plan and Project, Redevelopment Project Area No. 4, January 28, 2022 2022 Amendment to the TIF Redevelopment Plan & Project Redevelopment Project Area No. 4 Prepared for City of Galesburg, Illinois Prepared by January 28, 2022 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 1 Table of Contents SECTION I - INTRODUCTION ....................................................................................................... 2 SECTION II - BASIS FOR ELIGIBILITY OF THE AMENDED AREA ............................................... 4 Introduction ................................................................................................................................ 4 Statutory Qualifications .............................................................................................................. 4 Area Analysis and Findings ......................................................................................................... 8 Summary and Conclusions ........................................................................................................ 13 SECTION III - REVISED REDEVELOPMENT PLAN AND PROJECT ........................................... 14 Introduction .............................................................................................................................. 14 General Land Uses to Apply ...................................................................................................... 14 Objectives .................................................................................................................................. 14 Program to be Undertaken to Accomplish Objectives .............................................................. 15 Redevelopment Project ............................................................................................................. 15 Estimate of Redevelopment Project Costs ................................................................................ 17 Description of Redevelopment Project Costs ........................................................................... 17 Exhibit C .................................................................................................................................... 18 SECTION IV - OTHER FINDINGS AND REQUIREMENTS .......................................................... 27 Conformance with Comprehensive Plan .................................................................................. 27 Area, on the Whole, not Subject to Growth and Development ................................................ 27 Would Not be Developed “but for” TIF ..................................................................................... 27 Assessment of Financial Impact ............................................................................................... 27 Estimated Date for Completion of the Redevelopment Projects ............................................. 27 Sources of Funds ....................................................................................................................... 28 Nature and Term of Obligations ............................................................................................... 28 Most Recent EAV and Redevelopment Valuation .................................................................... 29 Fair Employment Practices and Affirmative Action ................................................................. 29 Reviewing and Amending the TIF Plan..................................................................................... 29 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 2 SECTION I - INTRODUCTION On June 2, 2008, the City Council, by Ordinance Numbers 08-3224, 08-3225, and 08-3226 adopted and approved a redevelopment plan entitled “Tax Increment Financing Redevelopment Plan and Project Central / East Main Redevelopment Project Area” dated February 19, 2008 (the “Original Redevelopment Plan”), designated a redevelopment project area for a certain portion of the City identified as the Central / East Main Redevelopment Project Area and commonly re- ferred to as TIF No. 4 (the “Project Area”) and adopted tax increment financing for said Project Area. This was accomplished pursuant to the provisions of the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (the “Act”). A copy of this Original Plan is on file and available for public inspection at the office of the Galesburg City Clerk. The City now desires to amend the Original Plan and Project Area boundary and formally ex- pressed the intent to do so by passage of Resolution 22-02 on January 3, 2022 (see Attachment A in the Appendix). These changes are incorporated in this 2022 Amendment to the TIF Re- development Plan and Project for Redevelopment Project Area No. 4 (referred to herein as the “2022 Plan Amendment”). In summary, the changes include adding three parcels of real proper- ty with parcel identification numbers 9914101010, 9914101027, and 9914101028. This 2022 Plan Amendment adds approximately 1.6 acres to the Project Area, bringing the total Project Area to 289.1 acres. The boundaries of the areas to be added to the Project Area are illustrated on Exhibit A – Pro- posed Addition to Redevelopment Project Area 4. A boundary description of this added area is included in the Appendix as Attachment B – Boundary Description for Area Added to Redevel- opment Project Area No. 4. The following sections of this report present the amended Redevel- opment Plan and Project. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 3 Exhibit A 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 4 SECTION II - BASIS FOR ELIGIBILITY OF THE AMENDED AREA Introduction A Redevelopment Project Area, according to the Act, is that area designated by a municipality in which the finding is made that there exist conditions that cause the area to be classified as a blighted area, conservation area, combination of blighted and conservation areas, or an indus- trial park conservation area. The criteria and the individual factors defining each of these cate- gories of eligibility are defined in the Act. This 2022 Plan Amendment recites the relevant stat- utory requirements and documents how the added area meets the eligibility criteria. Statutory Qualifications The Act defines the factors that must be present in order for an area to qualify for TIF. The fol- lowing provides the statutory definitions of the qualifying factors relating to a blighted area and a conservation area: 1.Eligibility of a Blighted Area: “Blighted area” means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where: a.If improved, industrial, commercial, and residential buildings or improve- ments are detrimental to the public safety, health, or welfare because of a com- bination of five (5) or more of the following factors, each of which is (i) present, with that presence documented to a meaningful extent, so that a municipality may reasonably find that the factor is clearly present within the intent of the Act, and (ii) reasonably distributed throughout the improved part of the rede- velopment project area: i.Dilapidation. An advanced state of disrepair or neglect of necessary re- pairs to the primary structural components of buildings, or improve- ments in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. ii.Obsolescence. The condition or process of falling into disuse. Struc- tures have become ill-suited for the original use. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 5 iii.Deterioration. With respect to buildings, defects including, but not lim- ited to, major defects in the secondary building components such as doors, windows, porches, gutters, and downspouts, and fascia. With re- spect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds pro- truding through paved surfaces. iv.Presence of structures below minimum code standards. All structures that do not meet the standards of zoning, subdivision, building, fire, and other governmental codes applicable to property, but not including housing and property maintenance codes. v.Illegal use of individual structures. The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. vi.Excessive vacancies. The presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area be- cause of the frequency, extent, or duration of the vacancies. vii.Lack of ventilation, light, or sanitary facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without win- dows, or that require the removal of dust, odor, gas, smoke, or other noxious airborne materials. Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building. viii.Inadequate utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, tele- phone, and electrical services that are shown to be inadequate. Inade- quate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated, antiquated, obsolete, or in disrepair, or (iii) lacking within the redevelopment pro- ject area. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 6 ix.Excessive land coverage and overcrowding of structures and community facilities. The over-intensive use of property and the crowding of build- ings and accessory facilities onto a site. Examples of problem condi- tions warranting the designation of an area as one exhibiting excessive land coverage are: (i) the presence of buildings either improperly situ- ated on parcels or located on parcels of inadequate size and shape in re- lation to present-day standards of development for health and safety, and (ii) the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper ac- cess to a public right-of-way, lack of reasonably required off-street park- ing, or inadequate provision for loading and service. x.Deleterious land use or layout. The existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area. xi.Environmental clean-up. The proposed redevelopment project area has incurred Illinois Environmental Protection Agency or United States En- vironmental Protection Agency remediation costs for, or a study con- ducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. xii.Lack of community planning. The proposed redevelopment project area was developed prior to or without the benefit or guidance of a commu- nity plan. This means that the development occurred prior to the adop- tion by the municipality of a comprehensive or other community plan, or that the plan was not followed at the time of the area’s development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary develop- 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 7 ment standards, or other evidence demonstrating an absence of effec- tive community planning. xiii.The total equalized assessed value of the proposed redevelopment pro- ject area has declined for three (3) of the last five (5) calendar years pri- or to the year in which the redevelopment project area is designated, or is increasing at an annual rate that is less than the balance of the mu- nicipality for three (3) of the last five (5) calendar years for which in- formation is available, or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three (3) of the last five (5) calendar years prior to the year in which the redevelop- ment project area is designated. b.“If vacant, the sound growth of the Redevelopment Project Area is impaired by a combination of two (2) or more of the following factors, each of which is (i) present, with that presence documented to a meaningful extent, so that a mu- nicipality may reasonably find that the factor is clearly present within the in- tent of the Act, and (ii) reasonably distributed throughout the vacant part of the redevelopment project area to which it pertains:” i.“Obsolete platting of vacant land that results in parcels of limited or narrow size, or configurations of parcels of irregular size or shape that would be difficult to develop on a planned basis and in a manner com- patible with contemporary standards and requirements, or platting that failed to create rights-of-ways for streets or alleys, or that created inad- equate right-of-way widths for streets, alleys, or other public rights-of- way, or that omitted easements for public utilities.” ii.“Diversity of ownership of parcels of vacant land sufficient in number to retard or impede the ability to assemble the land for development.” iii.“Tax and special assessment delinquencies exist, or the property has been the subject of tax sales under the Property Tax Code within the last five (5) years.” iv.“Deterioration of structures or site improvements in neighboring areas adjacent to the vacant land.” 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 8 v.“The area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as hav- ing expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the reme- diation costs constitute a material impediment to the development or redevelopment of the Redevelopment Project Area.” vi.“The total equalized assessed value of the proposed Redevelopment Pro- ject Area has declined for three (3) of the last five (5) calendar years pri- or to the year in which the Redevelopment Project Area is designated, or is increasing at an annual rate that is less than the balance of the mu- nicipality for three (3) of the last five (5) calendar years for which in- formation is available, or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three (3) of the last five (5) calendar years prior to the year in which the Redevel- opment Project Area is designated.” c.Eligibility of a Conservation Area: “Conservation area” means any improved area within the boundaries of a redevelopment project area located within the territorial limits of the municipality in which 50% or more of the structures in the area have an age of 35 years or more. Such an area is not yet a blighted area, but because of a combination of three (3) or more of the 13 factors applicable to the improved area (see blighted area definition above) is detrimental to the public safety, health, morals or welfare, and such an area may become a blighted area. Area Analysis and Findings In determining whether the added area proposed to be included in the Project Area meets the eligibility requirements of the Act, research and field surveys were conducted. These included: Contacts with City officials knowledgeable as to area conditions and history and age of buildings and site improvements. On-site field examination of conditions within and surrounding the proposed addition to the Project Area by experienced staff of PGAV. These personnel are trained in tech- 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 9 niques and procedures of documenting conditions of real property, streets, etc., and de- termination of eligibility of designated areas for tax increment financing. Use of definitions contained in the Act. Adherence to basic findings of need as established by the Illinois General Assembly in establishing tax increment financing which became effective on January 10, 1977. Examination of Jasper County real property tax assessment records. On November 9, 2021, PGAV staff conducted field investigations to document existing condi- tions of the property proposed for addition to the Project Area. The following pages provide photographic evidence of the conditions that were documented with respect to the added area, and how these conditions affect the TIF 4 Project Area as a whole. The following summarizes the factors found to be present to a meaningful extent within the property to be added to the Project Area and how such factors would affect the qualification of the TIF 4 Project Area as a whole. 1.Improved Land Findings (2 parcels are considered improved) a.Summary of Findings on Age of Structures: Age is a prerequisite factor in de- termining an Area's qualification as a "conservation area". As is clearly set forth in the Act, 50% or more of the structures must have an age of 35 years or great- er in order to meet this criterion. The area to be added contains 1 building and it is 35 years of age or older. b.Summary of Findings on Deterioration: Deteriorating site conditions were rec- orded on both of the improved parcels in the added area. Photographic evidence of the deterioration is show in the photos on the following page. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 10 c.Summary of Findings on Obsolescence: The structure and nearby improve- ments in the added area are obsolete for their original intended use. While an office or similar commercial use is possible in the structure, the building’s fix- tures and rear entrances are badly outdated and deteriorated. Significant work needs to be complete in order to bring this building up to modern commercial standards of construction. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 11 d.Summary of Findings Regarding Excessive Vacancies: The structure is currently vacant and represents a liability to the local area and economy in Galesburg. e.Summary of Findings Regarding Declining or Sub-Par EAV Growth: The area to be added has not declined in value, according to Knox County assessment rec- ords, but the value has lagged behind the Consumer Price Index for All Urban Consumers for 3 out of the last 5 years. Although the parcels are now tax ex- empt, as they are owned by the City of Galesburg, the area on the whole may still utilize this factor to justify the use of tax increment financing due to its 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 12 sub-par performance prior to the City’s purchase. This factor applies to both va- cant and improved parcels. Exhibit B 2.Vacant Land Findings (1 parcel is considered vacant land): There is one vacant lot in the area to be added. As a result, the factors in the Act pertaining to improved areas do not apply. The Act recognizes that situations exist where vacant properties may need assis- tance in order to be developed and provides for that to occur. The criteria for qualifying are stated in Section II of this 2022 Plan Amendment report. The findings applicable to this vacant lot include: a.Findings on Deterioration of Structures/Site Improvements in Neighboring Ar- eas: The vacant lot is adjacent to a deteriorated structure that is vacant and like- ly to continue to deteriorate if action is not taken. b.Summary of Findings on Declining or Sub-Par EAV Growth: This factor is appli- cable to vacant land as well as improved land. See section on EAV and improved land on previous page. Assessment Year Project Area EAV * EAV Declined? Area Growth Rate Less Than CPI Index for All Urban Consumers? 2016 54,570$ 2017 55,380$ Annual Percent Change 1.5%NO YES 2018 55,380$ Annual Percent Change 0.0%NO YES 2019 55,380$ Annual Percent Change 0.0%NO YES 2020 57,040$ Annual Percent Change 3.0%NO NO 2021 9,310$ Annual Percent Change N/A N/A N/A * Source: Knox County Assessor data. COMPARISON OF EAV GROWTH RATES (2016-2021) Redevelopment Project Area No. 4 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 13 Summary and Conclusions It is found that the area to be added contains conditions that qualify as a combination conser- vation area and blighted area. The number of buildings that are 35 years old or older exceeds the statutory threshold of 50% (prerequisite for a “conservation area”). The following summarizes the existence of the most predominant conservation factors existing within the Additional Areas: Age – The area’s only structure is more than 35 years of age or older. Deterioration – Deteriorating site conditions were recorded on the area’s two improved par- cels. Obsolescence – The structure in the area is obsolete for its original intended use and requires significant investment to bring it up to modern commercial standards. Excessive Vacancies – The structure in the area is vacant and represents an economic liability to the area, the surrounding properties, and the City overall. Sub-par EAV Growth – The area has experience sub-par EAV growth in recent years by the standards of the TIF Act. Vacant Land – the vacant lot is adjacent to deteriorated site improvements on neighboring properties. Without a program of intervention to induce private and public investment in the added area, these conditions are likely to become worse. The project contemplated in this amended tax in- crement program will serve to reduce or eliminate the deficiencies and are consistent with the community development strategies of the City of Galesburg. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 14 SECTION III - REVISED REDEVELOPMENT PLAN AND PROJECT Introduction This Section and the following Section IV constitute an amendment to the Redevelopment Plan and Project for Galesburg’s Redevelopment Project Area No. 4. Pursuant to the Tax Incre- ment Allocation Redevelopment Act, when the finding is made that an area qualifies as a con- servation area, blighted area, or a combination of conservation and blighted area, a redevelop- ment plan must be prepared. A Redevelopment Plan is defined in the Act as "the comprehen- sive program of the municipality for development or redevelopment intended by the payment of redevelopment project costs to reduce or eliminate those conditions, the existence of which qualified the redevelopment project area as a ‘blighted area’ or ‘conservation area’ or combina- tion thereof, and thereby enhance the tax basis of the taxing districts which extend into the Re- development Project Area". General Land Uses to Apply The general land uses to apply to the added area are consistent with the Comprehensive Plan of the City of Galesburg, dated January 2019. It is assumed that the area continues to be used for commercial purposes with a focus on downtown mixed-use and local commercial uses, as de- fined in the Comprehensive Plan. Objectives The objectives of this revised Redevelopment Plan are: 1.Reduce or eliminate those conditions that qualify the Redevelopment Project Area, as amended, by carrying out the Redevelopment Plan, including property assembly, reno- vation of buildings, demolition of existing buildings, construction of new buildings, and site improvements. 2.Prevent the recurrence of blighting conditions by continuing to implement the Rede- velopment Plan. 3.Enhance the real estate tax base for the City and all other taxing districts that extend into the Redevelopment Project Area as amended. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 15 4.Encourage and assist private investment for new development and to redevelop proper- ty and/or rehabilitate existing buildings within the Redevelopment Project Area through the provision of financial assistance as permitted by the Act. 5.Provide for safe and efficient vehicular and pedestrian traffic circulation within the Pro- ject Area and particularly the area added to said Project Area. Program to be Undertaken to Accomplish Objectives The City of Galesburg has determined that it is appropriate to continue its program to provide limited financial incentives for private investment within the Redevelopment Project Area. It has been determined, through private & public project implementation experience, that tax in- crement financing constitutes one of the most effective means available for enabling redevel- opment and conservation within the Area. The Project Area, as modified by the 2022 Plan Amendment and the City as a whole, and all other local taxing bodies, will benefit from the im- plementation of this Redevelopment Plan. The City will incorporate appropriate provisions within any redevelopment agreement entered into between the City and private parties to as- sure that redevelopment projects make progress towards achieving the objectives stated herein. Redevelopment Project To achieve the objectives proposed in the Plan, multiple Redevelopment Projects will be under- taken. A Redevelopment Project involves a combination of private investment, as well as public investment, to help overcome the extraordinary costs associated with new development and redevelopment. Activities necessary to implement the Plan, as amended, may include the fol- lowing: 1.Private Redevelopment Activities: To achieve the Plan objectives and the overall project proposed in the Plan, both public and private activities will need to be undertaken, in- cluding a combination of private and public investment. Improvements and activities necessary to implement the Plan will include the following: a.Land assembly and site preparation: In order to facilitate redevelopment, it will be necessary for TIF to help finance property acquisition, site preparation and other steps to prepare the Project Area, as amended for redevelopment. b.Construction or renovation of private buildings: Construction or renovation of new commercial and residential buildings will take place in phases and in re- sponse to market demand. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 16 2.Public Redevelopment Activities: Public improvements and support activities will be used to induce and complement private investment in the Area. These may include, but are not limited to, the following activities: a.Public works improvements: Construction of new streets and installation of new or improvements to existing utilities as necessary to support private develop- ment. b.Marketing of properties and promoting development opportunities: The City will help to promote the development opportunities within the Project Area, as amended. c.Other programs of financial assistance as may be provided by the City: The Act de- fines eligible redevelopment project costs that are summarized in Section F be- low. The City’s involvement with redevelopment activities may include all those authorized by the Act. 3.Land Assembly, Displacement Certificate & Relocation Assistance: To achieve the objec- tives of the Plan, land assembly by the City and eventual conveyance to private entities may be necessary to attract private development interest in the area to be added or the balance of TIF No. 1. Therefore, any property located within Redevelopment Project Area No. 1 may be acquired by the City, as necessary, to assemble various parcels of land to achieve marketable tracts, or if such property is necessary for the implementation of a specific public or private redevelopment project. This may include the displacement of inhabited housing units located in the Project Area (see below). Displacement Certificate: Under Sections 11-74.4-3 (n) (5) and 11-74.4-4.1 (b) of the Tax Increment Allocation Redevelopment Act, the City hereby certifies that this 2022 Plan Amendment will not result in the displacement of more than nine (9) inhabited residential units. Relocation Assistance: In the event that households of low-income or very low-income per- sons inhabit any residential housing units where relocation of the occupants is required, re- location assistance will be provided to such persons. Affordable housing and relocation as- sistance shall not be less than that which would be provided under the federal Uniform Re- location Assistance and Real Property Acquisition Policies Act of 1970 and the regulations under that Act, including the eligibility criteria. Affordable housing may be either in exist- ing or newly constructed buildings. For purposes of this requirement in the TIF Act, “low- income households”, “very low-income households” and “affordable housing” have the meanings set forth in the Illinois Affordable Housing Act. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 17 Estimate of Redevelopment Project Costs Exhibit C – Estimated Redevelopment Project Costs, shows the estimate budget of TIF 4. Note that unless otherwise funded from other sources, payment of any project cost will be lim- ited to that which can be funded by the incremental revenues generated within the Project Area, as amended. Description of Redevelopment Project Costs Costs that may be incurred by the City in implementing the Redevelopment Plan may include project costs and expenses as itemized in Exhibit C, subject to the definition of “redevelopment project costs” as contained in the TIF Act as may be amended from time to time. Itemized be- low is the statutory listing of “redevelopment project costs” currently permitted by the Act. 1.Costs of studies, surveys, development of plans, and specifications, implementation and administration of the redevelopment plan including but not limited to staff and profes- sional service costs for architectural, engineering, legal, financial, planning or other services, provided however that no charges for professional services may be based on a percentage of the tax increment collected; except that on and after November 1, 1999 (the effective date of Public Act 91-478), no contracts for professional services, excluding architectural and engineering ser- vices, may be entered into if the terms of the contract extend beyond a period of 3 years. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 18 Exhibit C In addition, "redevelopment project costs" shall not include lobbying expenses. After consulta- tion with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or indi- viduals that have received, or are receiving, payments financed by tax increment revenues pro- ESTIMATED REDEVELOPMENT PROJECT COSTS Description Estimated Cost A. Public Works or Improvements $22,000,000 B. Property Assembly $5,000,000 C. Building Rehabilitation $12,000,000 D. Relocation $700,000 E.Taxing District Capital Costs $200,000 F.Job Training $200,000 G. School District Increased Costs $200,000 H. Interest Costs Incurred by Developers $2,000,000 I.Planning, Legal & Professional Services $500,000 J.General Administration $200,000 K. Financing Costs See Note 3 L. Contingency $1,000,000 Total Estimated Costs $44,000,000 Notes: 4. Private redevelopment costs and investment are in addition to the above. 5. The total estimated redevelopment project costs shall not be increased by more than 5% after adjustment for inflation from the date of the Plan adoption, per subsection 11-74.4.5 (c) of the Act. Redevelopment Project Area No. 4 City of Galesburg, Illinois 1. All costs shown are in 2022 dollars. 2. Adjustments may be made among line items within the budget to reflect program implementation experience. 3. Municipal financing costs such as interest expense, capitalized interest and cost of issuance of obligations are not quantified herein. These costs are subject to prevailing market conditions and will be considered part of the total redevelopment project cost if and when such financing costs are incurred. (Improvement of streets, curb and gutters, utilities, and other public improvements) 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 19 duced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality. This requirement shall be satis- fied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other contracts with those individuals or entities are executed by the consultant or advisor; 1.5. After July 1, 1999, annual administrative costs shall not include general overhead or administrative costs of the municipality that would still have been incurred by the mu- nicipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan; 1.6. The cost of marketing sites within the redevelopment project area to prospective busi- nesses, developers, and investors; 2.Property assembly costs, including but not limited to acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and oth- er concrete or asphalt barriers, and the clearing and grading of land; 3.Costs of rehabilitation, reconstruction or repair or remodeling of existing public or private buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; including any direct or indirect costs relating to Green Globes or LEED certified construction elements or construction elements with an equivalent certification; 4.Costs of the construction of public works or improvements, including any direct or in- direct costs relating to Green Globes or LEED certified construction elements or construction elements with an equivalent certification, except that on and after November 1, 1999, redevel- opment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as pro- vided under paragraph (3) of subsection (q) of Section 11‑74.4‑3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999 or 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 20 (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan; 5. Costs of job training and retraining projects, including the cost of "welfare to work" pro- grams implemented by businesses located within the redevelopment project area; 6. Financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including interest accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for not exceeding 36 months thereafter and including reasonable reserves related thereto; 7. To the extent the municipality by written agreement accepts and approves the same, all or a portion of a taxing district's capital costs resulting from the redevelopment project neces- sarily incurred or to be incurred within a taxing district in furtherance of the objectives of the redevelopment plan and project. 7.5. For redevelopment project areas designated (or redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) on or after No- vember 1, 1999, an elementary, secondary, or unit school district's increased costs at- tributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improve- ments within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by this Act, and which costs shall be paid by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assist- ed housing units and shall be calculated annually as follows: (A) for foundation districts, excluding any school district in a municipality with a popula- tion in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infra- structure improvements within the boundaries of the housing sites necessary for the comple- tion of that housing as authorized by this Act since the designation of the redevelopment pro- ject area by the most recently available per capita tuition cost as defined in Section 10-20.12a of 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 21 the School Code less any increase in general State aid as defined in Section 18-8.05 of the School Code attributable to these added new students subject to the following annual limitations: for unit school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 25% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; for elementary school districts with a district average 1995‑96 Per Capita Tuition Charge of less than $5,900, no more than 17% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; and for secondary school districts with a district average 1995‑96 Per Capita Tuition Charge of less than $5,900, no more than 8% of the total amount of property tax increment revenue pro- duced by those housing units that have received tax increment finance assistance under this Act. (B) For alternate method districts, flat grant districts, and foundation districts with a district average 1995-96 Per Capita Tuition Charge equal to or more than $5,900, excluding any school district with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assis- tance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the rede- velopment project area by the most recently available per capita tuition cost as defined in Sec- tion 10-20.12a of the School Code less any increase in general state aid as defined in Section 18- 8.05 of the School Code attributable to these added new students subject to the following annu- al limitations: for unit school districts, no more than 40% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; for elementary school districts, no more than 27% of the total amount of property tax in- crement revenue produced by those housing units that have received tax increment finance as- sistance under this Act; and 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 22 for secondary school districts, no more than 13% of the total amount of property tax incre- ment revenue produced by those housing units that have received tax increment finance assis- tance under this Act. Any school district seeking payment under this paragraph (7.5) shall, after July 1 and before September 30 of each year, provide the municipality with reasonable evidence to support its claim for reimbursement before the municipality shall be required to approve or make the pay- ment to the school district. If the school district fails to provide the information during this period in any year, it shall forfeit any claim to reimbursement for that year. School districts may adopt a resolution waiving the right to all or a portion of the reimbursement otherwise re- quired by this paragraph (7.5). By acceptance of this reimbursement the school district waives the right to directly or indirectly set aside, modify, or contest in any manner the establishment of the redevelopment project area or projects; (7.7) [Libraries] For redevelopment project areas designated (or redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) on or after January 1, 2005 (the effective date of Public Act 93‑961), a public library district's in- creased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by this Act shall be paid to the library district by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units. This paragraph (7.7) applies only if the library district is located in a county that is subject to the Property Tax Extension Limitation Law or the library district is not located in a county that is subject to the Property Tax Exten- sion Limitation Law but the district is prohibited by any other law from increasing its tax levy rate without a prior voter referendum. The amount paid to a library district under this paragraph (7.7) shall be calculated by multiplying the net increase in the number of persons eligible to obtain a library card in that district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the munici- pality incurs the cost of necessary infrastructure improvements within the boundaries 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 23 of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the redevelopment project area by the per-patron cost of providing library services so long as it does not exceed $120. The per-patron cost shall be the Total Operating Expenditures Per Capita for the library in the previous fiscal year. The municipality may deduct from the amount that it must pay to a library district under this paragraph any amount that it has voluntarily paid to the library district from the tax increment revenue. The amount paid to a library district under this paragraph (7.7) shall be no more than 2% of the amount produced by the as- sisted housing units and deposited into the Special Tax Allocation Fund. A library district is not eligible for any payment under this paragraph (7.7) unless the library district has experienced an increase in the number of patrons from the munici- pality that created the tax-increment-financing district since the designation of the re- development project area. Any library district seeking payment under this paragraph (7.7) shall, after July 1 and before September 30 of each year, provide the municipality with convincing evidence to support its claim for reimbursement before the municipality shall be required to ap- prove or make the payment to the library district. If the library district fails to provide the information during this period in any year, it shall forfeit any claim to reimburse- ment for that year. Library districts may adopt a resolution waiving the right to all or a portion of the reimbursement otherwise required by this paragraph (7.7). By acceptance of such reimbursement, the library district shall forfeit any right to directly or indirectly set aside, modify, or contest in any manner whatsoever the establishment of the rede- velopment project area or projects; 8. Relocation costs to the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law or in order to satisfy subparagraph (7) of subsection (n); 9. Payment in lieu of taxes [see Sec. 11-74.4-3 (m) of the Act]; 10. Costs of job training, retraining, advanced vocational education or career educa- tion, including but not limited to courses in occupational, semi-technical or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 24 (i) are related to the establishment and maintenance of additional job training, ad- vanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxing districts other than the municipality, are set forth in a written agreement by or among the municipality and the taxing dis- trict or taxing districts, which agreement describes the program to be undertaken, in- cluding but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of The School Code; 11. Interest cost incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that: (A) such costs are to be paid directly from the special tax allocation fund established pursuant to this Act; (B) such payments in any one year may not exceed 30% of the annual interest costs in- curred by the redeveloper with regard to the redevelopment project during that year; (C) if there are not sufficient funds available in the special tax allocation fund to make the payment pursuant to this paragraph (11) then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax allocation fund; (D) the total of such interest payments paid pursuant to this Act may not exceed 30% of the total (i) cost paid or incurred by the redeveloper for the redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any reloca- tion costs incurred by a municipality pursuant to this Act; and 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 25 (E) the cost limits set forth in subparagraphs (B) and (D) of paragraph (11) shall be modified for the financing of rehabilitated or new housing units for low-income house- holds and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act. The percentage of 75% shall be substituted for 30% in subparagraphs (B) and (D) of paragraph (11). (F) Instead of the eligible costs provided by subparagraphs (B) and (D) of paragraph (11), as modified by this subparagraph, and notwithstanding any other provisions of this Act to the contrary, the municipality may pay from tax increment revenues up to 50% of the cost of construction of new housing units to be occupied by low-income households and very low-income households as defined in Section 3 of the Illinois Af- fordable Housing Act. The cost of construction of those units may be derived from the proceeds of bonds issued by the municipality under this Act or other constitutional or statutory authority or from other sources of municipal revenue that may be reimbursed from tax increment revenues or the proceeds of bonds issued to finance the construc- tion of that housing. The eligible costs provided under this subparagraph (F) of paragraph (11) shall be an eligible cost for the construction, renovation, and rehabilitation of all low and very low- income housing units, as defined in Section 3 of the Illinois Affordable Housing Act, within the redevelopment project area. If the low and very low-income units are part of a residential redevelopment project that includes units not affordable to low and very low-income households, only the low and very low-income units shall be eligible for benefits under subparagraph (F) of paragraph (11). The standards for maintaining the occupancy by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, of those units constructed with eligible costs made available under the provisions of this subparagraph (F) of paragraph (11) shall be established by guidelines adopted by the municipality. The responsibility for annually documenting the initial occupancy of the units by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, shall be that of the then current owner of the property. For ownership units, the guidelines will provide, at a minimum, for a reasonable recap- ture of funds, or other appropriate methods designed to preserve the original afforda- bility of the ownership units. For rental units, the guidelines will provide, at a mini- mum, for the affordability of rent to low and very low-income households. As units be- 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 26 come available, they shall be rented to income-eligible tenants. The municipality may modify these guidelines from time to time; the guidelines, however, shall be in effect for as long as tax increment revenue is being used to pay for costs associated with the units or for the retirement of bonds issued to finance the units or for the life of the redevel- opment project area, whichever is later. 12. Unless explicitly stated herein the cost of construction of new privately-owned buildings shall not be an eligible redevelopment project cost. 13. After November 1, 1999 (the effective date of Public Act 91-478), none of the re- development project costs enumerated in this subsection shall be eligible rede- velopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illinois location within 10 miles of the rede- velopment project area but outside the boundaries of the redevelopment project area municipality. For purposes of this paragraph, termination means a closing of a retail operation that is directly related to the opening of the same operation or like retail entity owned or oper- ated by more than 50% of the original ownership in a redevelopment project area, but it does not mean closing an operation for reasons beyond the control of the retail entity, as documented by the retail entity, subject to a reasonable finding by the municipality that the current location contained inadequate space, had become economically obso- lete, or was no longer a viable location for the retailer or serviceman. 14.No cost shall be a redevelopment project cost in a redevelopment project area if used to demolish, remove, or substantially modify a historic resource, after August 26, 2008 (the effective date of Public Act 95-934), unless no prudent and feasible alternative exists. “Historic resource” for the purpose of this item (14) means a place or structure that is included or eligible for inclusion on the National Register of Historic Places or a contributing structure in a district on the National Register of His- toric Places. This item (14) does not apply to a place or structure for which demolition, removal, or modification is subject to review by the preservation agency of a Certified Local Gov- ernment designated as such by the National Park Service of the United States Depart- ment of the Interior. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 27 SECTION IV - OTHER FINDINGS AND REQUIREMENTS Conformance with Comprehensive Plan Development and redevelopment projects proposed to be undertaken in the area added to the Project Area pursuant this 2022 Plan Amendment is consistent with the Comprehensive Plan for the City, dated January 2019. All projects completed in the Amended Redevelopment Pro- ject Area will comply with applicable codes and ordinances. Area, on the Whole, not Subject to Growth and Development The area to be added to the Redevelopment Project Area has not been subject to growth and development through investment of private enterprise. Clearly, the added areas suffer from lack of investment. Would Not be Developed “but for” TIF The City of Galesburg does not have sufficient financial resources to address the infrastructure and redevelopment needs of the area being added to the Project Area. Absent tax increment revenues, the proposed development cannot be completed and there will not be commitments for private development. It is the intent of this TIF plan amendment to help overcome the eco- nomic disincentives for redeveloping the area being added to the Project Area. Assessment of Financial Impact The City finds that the Plan and Redevelopment Projects proposed by this 2022 Amendment will not place significant additional demands on facilities or services for any local taxing body. In addition, the City and Joint Review Board will monitor the progress of the TIF program and its future impacts on all local taxing bodies. In the event significant adverse impacts are identi- fied that increase demands for facilities or services in the future, the City will consider utilizing tax increment proceeds or other appropriate actions, to the extent possible, to assist in address- ing the needs. To the extent that surplus revenues become available from the Project Area, the City will return these surplus revenues to the County to distribute on a pro-rata basis to local taxing bodies. Estimated Date for Completion of the Redevelopment Projects The estimated date for the completion of the redevelopment projects or retirement of obliga- tions issued shall not be later than December 31 of the year in which the payment to the City 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 28 Treasurer, as provided in subsection (b) of Section 11-74.4-8 of the Act, is to be made with re- spect to ad valorem taxes levied in the 23rd calendar year after the year in which the ordinance approving the original Redevelopment Project Area No. 4 was adopted (2008). Sources of Funds The primary source of funds to pay for redevelopment project costs associated with implement- ing this Plan shall be funds collected pursuant to tax increment financing to be adopted by the City. Under such financing, tax increment revenue resulting from an increase in the EAV of property in the Area shall be allocated to a special fund each year (the "Special Tax Allocation Fund"). The assets of the Special Tax Allocation Fund shall be used to pay redevelopment pro- ject costs and retire any obligations incurred to finance redevelopment project costs. To expedite implementation of this Redevelopment Plan and construction of the public im- provements, the City, pursuant to the authority granted to it under the TIF Act, may issue bonds or other obligations to pay for the eligible redevelopment project costs. These obligations may be secured by future revenues to be collected and allocated to the Special Tax Allocation Fund. If available, revenues from other economic development funding sources, public or private, may be utilized. These may include State and Federal programs, local retail sales tax, applicable rev- enues from any adjoining tax increment financing areas, and land disposition proceeds from the sale of land in the Area, as well as other revenues. The final decision concerning redistribution of yearly tax increment revenues may be made as part of a bond ordinance. Nature and Term of Obligations Without excluding other methods of City or private financing, the principal source of funding will be those deposits made into the Special Tax Allocation Fund of monies received from the taxes on the increased EAV (above the initial EAV) of real property in the Area. These monies may be used to reimburse private or public entities for the redevelopment project costs incurred or to amortize obligations issued pursuant to the TIF Act for a term not to exceed 20 years bear- ing an annual interest rate as permitted by law. Revenues received in excess of 100% of funds necessary for the payment of principal and interest on the bonds and not needed for any other redevelopment project costs or early bond retirements shall be declared as surplus and become available for distribution to the taxing districts to the extent that this distribution of surplus does not impair the financial viability of the any projects. One or more bond issues may be sold at any time in order to implement this Redevelopment Plan. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 29 Most Recent EAV and Redevelopment Valuation The most recent total equalized assessed valuation (EAV) for the added area has been estimated to be $0.00 (2021 tax year). After adoption of the 2022 Plan Amendment, establishing the re- vised boundaries of the Redevelopment Project Area and adopting tax increment financing for added area, the City will make a request to the County Clerk of Knox County to certify the base EAV for the parcels of real estate added to the Project Area. These parcels within the added area will have a different “base” year value than all of the other parcels located in TIF No. 4. Contingent upon the adoption of this Tax Increment Redevelopment Plan and commitment by the City to the Redevelopment Program, it is anticipated that the private redevelopment in- vestment in the added area will cause the equalized assessed valuation of the added area to in- crease to between $100,000 to $150,000 if it is redeveloped and returned to private use. Fair Employment Practices and Affirmative Action The City of Galesburg will ensure that all private and public redevelopment activities are con- structed in accordance with fair employment practices and affirmative action by any and all re- cipients of Tax Increment Financing assistance. Furthermore, the City of Galesburg will require compliance with its prevailing wage ordinance in effect at the time TIF eligible redevelopment project costs are incurred. Reviewing and Amending the TIF Plan This Redevelopment Plan may be amended in accordance with the provisions of the Tax Incre- ment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et. seq. Also, the City shall adhere to all reporting requirements and other statutory provisions. 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 30 APPENDIX 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 31 ATTACHMENT A Resolution 22-02 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 32 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 33 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 34 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 35 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 36 ATTACHMENT B Boundary Description of the Amended Redevelopment Plan and Project No. 4 COMMENCING AT THE APPARENT POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY OF SOUTH CEDAR STREET AND THE SOUTH RIGHT-OF-WAY LINE OF WEST SOUTH STREET; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF SOUTH CEDAR STREET TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WEST TOMPKINS STREET; THENCE EASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF WEST TOMPKINS STREET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH BROAD STREET; THENCE NORTHERLY ALONG THE WEST RIGHT- OF-WAY LINE OF SOUTH BROAD STREET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST SIMMONS STREET; THENCE WESTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF WEST SIMMONS STREET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH CEDAR STREET; THENCE NORTHERLY ALONG SAID SOUTH CEDAR STREET RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF LOT 12 IN BLOCK 23 OF THE ORIGINAL TOWN OF GALESBURG; THENCE WESTERLY ALONG THE NORTH LINE OF LOTS 7 THROUGH 12 IN BLOCK 23 OF THE ORIGINAL TOWN OF GALESBURG TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH WEST STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WEST SIMMONS STREET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH ACADEMY STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WEST MAIN STREET; THENCE NORTHERLY ALONG SAID ACADEMY STREET RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF BLOCK 21 OF THE ORIGINAL TOWN OF GALESBURG EXTENDED; THENCE EASTERLY ALONG SAID EXTENDED SOUTH LINE OF BLOCK 21 TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH WEST STREET; THENCE NORTHERLY ALONG SAID-RIGHT-OF-WAY LINE TO THE SOUTH LINE OF LOT 14 OF BLOCK 21 OF THE ORIGINAL TOWN OF GALESBURG; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 14 AND LOTS 3 THROUGH 6 OF BLOCK 21 OF THE ORIGINAL TOWN OF GALESBURG EXTENDED TO 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 37 THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH ACADEMY STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE EXTENDED WEST RIGHT-OF-WAY LINE OF CEDAR AVENUE; THENCE NORTHERLY ALONG SAID RIGHT-WAY TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT 5 OF FANITA F. WELSH'S SUBDIVISION EXTENDED TO THE WEST; THENCE EASTERLY ALONG SAID EXTENDED SOUTH LINE TO SOUTHEAST CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 5 TO THE POINT OF INTERSECTION WITH THE EXTENDED NORTH RIGHT-OF-WAY LINE OF WEST WATER STREET; THENCE EASTERLY ALONG THE EXTENDED NORTH RIGHT-OF-WAY LINE OF WEST WATER STREET TO THE SOUTHWEST CORNER OF LOT 12 OF A SUBDIVISION OF ORIGINAL LOTS 5, 6, 7 AND 8 OF BLOCK 7 OF ORIGINAL PLAT OF GALESBURG AS RECORDED IN A REVENUE PLAT OF 1904; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 12 TO THE SOUTHEAST CORNER OF LOT 13 OF A SUBDIVISION OF ORIGINAL LOTS 5, 6, 7 AND 8 OF BLOCK 7 OF ORIGINAL PLAT OF GALESBURG AS RECORDED IN A REVENUE PLAT OF 1904; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 13 3 RODS; THENCE NORTHERLY 3 RODS TO A POINT ON THE NORTH LINE OF SAID LOT 12 3 RODS EAST OF EAST LINE OF SAID LOT 13; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 12 AND 11 OF A SUBDIVISION OF ORIGINAL LOTS 5, 6, 7 AND 8 OF BLOCK 7 OF ORIGINAL PLAT OF GALESBURG TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH WEST STREET; THENCE NORTHERLY ALONG THE EXTENDED WEST RIGHT-OF-WAY LINE OF NORTH WEST STREET TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WEST NORTH STREET; THENCE EASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTH STREET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SANITARY DISTRICT CHANNEL; THENCE NORTHEASTERLY ALONG SAID LINE OF THE SANITARY CHANNEL TO THE WEST RIGHT-OF-WAY LINE OF NORTH SEMINARY STREET; THENCE NORTHEASTERLY TO THE SOUTHWEST CORNER OF BLOCK 1 OF PECK & WOODS ADDITION TO THE TOWN OF GALESBURG; THENCE EASTERLY ALONG THE SOUTH LINE OF BLOCK 1 OF PECK & WOODS ADDITION TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE GALESBURG SANITARY DISTRICT CHANNEL; THENCE EASTERLY ALONG SAID CHANNEL EXTENDED TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF NORTH CHAMBERS STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY TO THE SOUTHWEST CORNER OF LOT 12 OF THE SUBDIVISION OF LOTS 1 AND 11 THROUGH 18 OF J. S. CHAMBER'S SUBDIVISION OF LOTS 1, 3, 4 AND 5 OF BLOCK 1 OF MATTHEW CHAMBER'S ADDITION TO THE CITY OF GALESBURG; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 12 TO THE SOUTHEAST CORNER OF LOT 12; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 12 TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 2 OF BLOCK 1 OF MATTHEW CHAMBER'S ADDITION TO GALESBURG TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTHERLY ALONG THE WEST LINE OF LOT 21 OF PAYNE'S ADDITION TO 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 38 GALESBURG TO THE SOUTHWEST CORNER OF SAID LOT 21; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 21 EXTENDED TO THE POINT OF INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF SUMNER STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT 29 OF THE SUBDIVISION OF 1898 OF ORIGINAL LOTS 1 THROUGH 4 OF PAYNE'S ADDITION TO THE CITY OF GALESBURG; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 29 TO THE SOUTHEAST CORNER OF LOT 29; THENCE NORTHERLY ALONG EAST LINE OF LOT 29 TO THE SOUTHWEST CORNER OF LOT 7 OF THE SUBDIVISION OF LOTS 7, 8, 9, 10 AND 19 OF GREEN & MCCOY'S ADDITION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 7 EXTENDED TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE EXTENDED SOUTH LINE OF LOT 40 OF A SUBDIVISION OF LOTS 14 & 18 OF 10 ACRE LOT 4 AND LOT 21 OF 10 ACRE LOT 5 OF ARNOLD'S SUBDIVISION OF 10 ACRE LOT 5 AND LOT 7 OF 10 ACRE LOT 4 OF ORIGINAL PLAT OF GALESBURG; THENCE EASTERLY ALONG SAID EXTENDED SOUTH LINE TO THE POINT OF INTERSECTION WITH THE EAST LINE OF ARNOLD'S SUBDIVISION OF 10 ACRE LOT 5; THENCE NORTHERLY ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT 22 OF ARNOLD'S SUBDIVISION OF 10 ACRE LOT 5; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF LINCOLN STREET; THENCE SOUTHERLY ALONG THE WEST RIGHT-OF-WAY LINE OF LINCOLN STREET TO THE SOUTHEAST CORNER OF LOT 29 OF ARNOLD'S SUBDIVISION OF 10 ACRE LOT 5; THENCE EASTERLY ALONG THE EXTENDED SOUTH LINE OF LOT 5 OF ARNOLD'S SUBDIVSION OF 10 ACRE LOT 5 TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTHERLY ALONG THE WEST LINE OF LOT 13 OF BURGLAND AND JOHNSON'S SUBDIVISION TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 13 EXTENDED TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF FULTON STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET; THENCE EASTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT 34 OF SCRIPP'S SUBDIVISION; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 34 OF SAID SUBDIVISION TO THE NORTHWEST CORNER OF LOT 33 OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 33 OF SAID SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 35 OF SAID SUBDIVISION; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 35 OF SAID SUBDIVISION TO THE NORTHEAST CORNER OF LOT 35 OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE EXTENDED SOUTH LINE OF LOT 29 OF SCRIPP'S SUBDIVISION TO THE WEST RIGHT- OF-WAY LINE OF NORTH WHITESBORO STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF- WAY LINE TO THE POINT OF INTERSECTION WITH THE EXTENDED NORTH LINE OF THE SUBDIVISION OF LOTS 3, 4 AND 5 BLOCK 1 OF CAMPBELL'S ADDITION; THENCE EASTERLY ALONG SAID EXTENDED NORTH LINE TO THE WEST LINE OF SUMMIT ADDITION; THENCE NORTHERLY 1 ROD ALONG THE WEST LINE OF SUMMIT ADDITION TO THE NORTHWEST CORNER OF LOT 1 OF 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 39 SUMMIT ADDITION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTHERLY 1 ROD TO THE NORTHWEST CORNER OF LOT 2 OF SUMMIT ADDITION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHWEST CORNER OF LOT 9 OF SUMMIT ADDITION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 9 TO THE SOUTHWEST CORNER OF LOT 9; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 9 EXTENDED TO THE NORTHWEST CORNER OF LOT 19 OF THE RESUBDIVISION OF ORIGINAL LOTS 1, 2 & 3 OF BLOCK 2 OF SUMMIT ADDITION AS RECORDED IN A REVENUE PLAT OF 1904; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 19 TO THE NORTHEAST CORNER OF LOT 19; THENCE SOUTHERLY TO THE SOUTHWEST CORNER OF LOT 7 OF THE RESUBDIVISION OF BLOCK 2 OF THE SUMMIT ADDITION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 7 EXTENDED TO THE POINT OF INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF ARNOLD STREET; THENCE EASTERLY ALONG THE EXTENDED SOUTH LINE OF LOT 7 OF M. J. KITCHELL'S SUBDIVISION TO THE WEST RIGHT-OF-WAYLINE OF NORTH FARNHAM STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE EXTENDED NORTH LINE OF LOT 7 OF BLOCK 1 OF OLOF HAWKINSON'S ADDITION; THENCE EASTERLY ALONG THE EXTENDED NORTH LINE OF LOTS 7 AND 8 IN BLOCKS 1, 2 AND 3 AND LOT 4 IN BLOCK 4 OF OLOF HAWKINSON'S ADDITION TO THE POINT OF INTERSECTION WITH THE EAST LINE OF OLOF HAWKINSON'S ADDITION; THENCE EASTERLY ALONG THE EXTENDED NORTH LINE OF LOT 4 IN BLOCK 4 AND LOT 27 IN BLOCK 3 OF THE WASHINGTON ADDITION TO THE NORTHEAST CORNER OF SAID LOT 27; THENCE SOUTHERLY ALONG THE EAST LINES OF LOTS 27 AND 28 OF BLOCK 3 OF THE WASHINGTON ADDITION TO THE SOUTHEAST CORNER OF LOT 28; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 28 EXTENDED TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CHESTNUT STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT-OF-WAY OF EAST MAIN STREET TO THE POINT OF INTERSECTION WITH THE EXTENDED EAST LINE OF LOT 4 IN BLOCK 5 OF THE FACTORY ADDITION; THENCE SOUTHERLY ALONG THE EXTENDED EAST LINE OF LOTS 4 AND 9 OF BLOCK 5 OF FACTORY ADDITION TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF ILLINOIS AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT 7 IN BLOCK 1 OF N. T. ALLEN'S SUBDIVISION; THENCE WESTERLY ALONG THE EXTENDED SOUTH LINE OF LOTS 6 AND 7 IN BLOCKS 1 AND 2 OF N. T. ALLEN'S SUBDIVISION TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH FARNHAM STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 1 OF THE RESUBDIVISION OF BLOCKS 1, 2, 3 AND 4 OF THE HAYNER'S ADDITION; THENCE WESTERLY ALONG THE EXTENDED SOUTH LINE OF LOTS 1 THROUGH 9 IN BLOCK 1 AND LOTS 1 THROUGH 6 OF BLOCK 2 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 40 TO THE SOUTHWEST CORNER OF LOT 6 IN BLOCK 2 OF SAID RESUBDIVISION OF HAYNER'S ADDITION; THENCE NORTHERLY 55 FEET ALONG THE WEST LINE OF LOT 6 IN BLOCK 2 OF THE RESUBDIVISION OF BLOCKS 1, 2, 3 AND 4 OF HAYNER'S ADDITION; THENCE WESTERLY TO THE EAST LINE OF SAID LOT 7 TO A POINT 55 FEET NORTH OF THE SOUTH LINE OF LOT 7; THENCE SOUTHERLY 5 FEET ALONG THE WEST LINE OF SAID LOT 7 TO A POINT 50 FEET NORTH OF THE SOUTH LINE OF SAID LOT 7; THENCE WESTERLY TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LOCUST STREET 50 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 9 IN BLOCK 2 OF SAID RESUBDIVISION OF HAYNER'S ADDITION; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE WESTERLY ALONG THE EXTENDED SOUTH LINES OF LOTS 1-5 IN BLOCK 1 OF FROST'S ADDITION AND LOT 23 OF THE REVENUE PLAT OF 1904 OF A SUBDIVISION OF ORIGINAL LOTS 1, 2, 3, 5, 6, 7, 8, 9 & 12 OF BLOCK 2 OF FROST'S ADDITION TO THE SOUTHWEST CORNER OF SAID LOT 23; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 23 TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EAST MAIN STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE WEST LINE OF LOT 27 OF SAID REVENUE PLAT OF 1904; THENCE SOUTHERLY ALONG SAID WEST LINE OF LOT 27 TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 27 TO THE NORTHERNMOST CORNER OF LOT 14 OF BLOCK 2 OF FROST'S ADDITION; THENCE SOUTHWESTERLY ALONG THE NORTHWEST LINE OF SAID LOT 14 EXTENDED TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF GRAND AVENUE; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY TO THE NORTHERNMOST CORNER OF LOT 4 IN BLOCK 3 OF FROST'S ADDITION; THENCE SOUTHWESTERLY ALONG THE NORTHWEST LINE OF SAID LOT 4 TO THE WESTERNMOST CORNER OF SAID LOT 4; THENCE SOUTHEASTERLY ALONG THE SOUTHWEST LINE OF SAID LOT 4 TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF LOT 13 IN BLOCK 3 OF FROST'S ADDITION; THENCE WESTERLY ALONG THE NORTH LINE OF LOTS 13 AND 14 IN BLOCK 3 OF FROST'S ADDITION TO THE EAST RIGHT-OF-WAY LINE OF PINE STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE EXTENDED CENTERLINE OF THE VACATED ALLEY IN THE SUBDIVISION OF THE SOUTH HALF OF ORIGINAL 5 ACRE LOT 6; THENCE WESTERLY ALONG THE SAID EXTENDED CENTERLINE OF THE VACATED ALLEY TO THE POINT OF INTERSECTION WITH THE WEST LINE OF LOT 1 IN THE SUBDIVISION OF THE SOUTH HALF OF ORIGINAL 5 ACRE LOT 6; THENCE NORTHERLY ALONG THE WEST LINE OF LOTS 1 AND 10 IN SAID SUBDIVISION TO THE NORTHEAST CORNER OF LOT 6 IN THE RESUBDIVISION OF ORIGINAL 5 ACRE LOTS 5 AND 6 OF THE ORIGINAL PLAT OF GALESBURG; THENCE WESTERLY ALONG THE NORTH LINE OF LOTS 2 THROUGH 6 OF SAID RESUBDIVISION TO THE NORTHWEST CORNER OF LOT 2; THENCE NORTHERLY ALONG THE WEST LINE OF SAID RESUBDIVISION TO A POINT 18 FEET NORTH OF THE SOUTH LINE OF LOT 4 IN BLOCK 4 OF SHELDON ALLEN'S SUBDIVISION OF ORIGINAL 5 ACRE LOTS 3 AND 4; THENCE WESTERLY ALONG A LINE 18 FEET NORTH OF THE SOUTH LINE OF SAID LOT 4 TO THE POINT OF INTERSECTION 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 41 WITH THE EAST RIGHT-OF-WAY LINE OF ALLENS AVENUE; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF COTTAGE AVENUE; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EAST SOUTH STREET; THENCE WESTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF EAST SOUTH STREET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH KELLOGG STREET; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY TO A POINT 116.1 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF E SIMMONS STREET; THENCE WESTERLY 65 TO THE POINT OF INTERSECTION WITH THE EXTENDED EAST LINE OF C. L. BROWN'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EXTENDED EAST LINE TO THE SOUTHEAST CORNER OF LOT 3 IN C. L. BROWN'S SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF C. L. BROWN'S SUBDIVISION TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF THE CUSTER-COX RESUBDIVISION TO THE SOUTHWEST CORNER OF SAID RESUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 2 AND 3 IN THE SUBDIVISION OF BLOCK 30 OF THE ORIGNAL PLAT OF GALESBURG EXTENDED TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH PRAIRIE STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EAST SIMMONS STREET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY TO THE NORTHEAST CORNER OF LOT 3 OF BLOCK 31 IN THE ORIGINAL PLAT OF GALESBURG; THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 3 EXTENDED TO THE NORTHWEST CORNER OF LOT 17 OF THE RESUBDIVISION OF THE NORTH 1/3 OF ORIGINAL LOTS 9 AND 10, THE SOUTH 12 FEET OF ORIGINAL LOTS 1 AND 2 AND THE SOUTH 3 FEET OF ORIGINAL LOT 3 IN BLOCK 31 OF THE ORIGINAL TOWN; THENCE 10 FEET WEST PERPENDICULAR TO THE WEST LINE OF SAID LOT 17; THENCE 26.5 FEET SOUTH TO A POINT ON THE SOUTH LINE OF LOT 20 OF SAID RESUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 20 TO THE NORTHWEST CORNER OF LOT 10 IN SAID RESUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF LOTS 10 AND 11 OF SAID RESUBDIVISION TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF E TOMPKINS STREET; THENCE WESTERLY 15 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE NORTH 95 FEET PERPENDICULAR TO THE NORTH RIGHT-OF-WAY OF EAST TOMPKINS STREET; THENCE WEST 60 FEET; THENCE NORTH 28.75 FEET; THENCE WEST 123 FEET TO THE EAST RIGHT-OF-WAY LINE OF SOUTH CHERRY STREET; THENCE SOUTHERLY ALONG THE EAST RIGHT-OF-WAY LINE OF SOUTH CHERRY STREET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EAST SOUTH STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING; EXCLUDING AN AREA MORE PARTICULARLY DESCRIBED AS A TRACT OF LAND COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET AND THE WEST RIGHT-OF-WAY LINE OF NORTH KELLOGG STREET WHICH IS THE 2022 Amendment to TIF 4 Galesburg, Illinois 01/28/2022 Page 42 POINT OF BEGINNING; THENCE EASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH CHAMBERS STREET; THENCE SOUTHERLY ALONG SAID CHAMBERS STREET RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID MULBERRY STREET RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH SEMINARY STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF EAST SIMMONS STREET; THENCE WESTERLY ALONG SAID SIMMONS STREET RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH KELLOGG STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; ALSO EXCLUDING LOTS 3 THROUGH 10, 27 AND 29 THROUGH 31 OF THE SUBDIVISION OF BLOCK 17 OF THE CITY OF GALESBURG;INCLUDING AN AREA MORE PARTICULARLY DESCRIBED AS A TRACT OF LAND BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF MULBERRY STREET AND THE WEST RIGHT-OF-WAY LINE OF SEMINARY STREET; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF SEMINARY STREET TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 4 RODS OF THE WEST 8 RODS OF LOT 14 IN THE SUBDIVISION OF BLOCK 62 AND THAT LINE EXTENED; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH 4 RODS OF THE WEST 8 RODS OF LOT 14 IN THE SUBDIVISION OF BLOCK 62 AND THAT LINE EX- TENDED TO THE EAST LINE OF THE SOUTH 4 RODS OF THE WEST 8 RODS OF LOT 14 IN THE SUB- DIVISION OF BLOCK 62; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTH 4 RODS OF THE WEST 8 RODS OF LOT 14 IN THE SUBDIVISION OF BLOCK 62 TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF MULBERRY STREET; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF MULBERRY STREET TO THE WEST LINE OF LOT 15 OF THE SUBDIVISION OF BLOCK 62; THENCE NORTH ALONG THE WEST LINE OF LOT 15 TO THE NORTHERLY LINE OF LOT 15; THENCE EASTERLY ALONG THE NORTHERLY LINE OF LOT 15 TO THE WEST LINE OF LOT 16 IN THE SUBDIVISION OF BLOCK 62; THENCE NORTH ALONG THE WEST LINE OF LOT 16 TO THE NORTH LINE OF LOT 16; THENCE EAST ALONG THE NORTH LINE OF LOT 16 TO THE EAST LINE OF LOT 16; THENCE SOUTH ALONG THE EAST LINE OF LOT 16 AND THAT LINE EXTENDED TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MULBERRY STREET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MULBERRY STREET TO THE POINT OF INTER- SECTION WITH THE WEST RIGHT-OF-WAY LINE OF SEMINARY STREET, SAID POINT BEING THE POINT OF BEGINNING; SAID TRACT CONTAINING 288.6 ACRES MORE OR LESS ALL BEING SITU- ATED IN THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS. COUNCIL LETTER CITY OF GALESBURG May 2, 2022 AGENDA ITEM: Amendment to Section 113.043 (A) of Chapter 113 of the Galesburg Municipal Code regarding the limitation on the number of Class A-1 liquor licenses. SUMMARY RECOMMENDATION: The Liquor Commissioner, City Attorney, and the City Clerk recommend approval of the ordinance. BACKGROUND:Currently, the limitation on the Class A-1 licenses is twenty-three. This ordinance would add one license to the City’s inventory. The new owners of Cherry Street Brewing Company are wanting to apply for a State Brewers license and therefore need to change from a Class D license (restaurant) to a Class A (bar/tavern) license. This will authorize Cherry Street to sell all types of alcoholic liquor for consumption either on or off the premises, as well as continuing serving food. They will also be acquiring a Brewers License from the State of Illinois. BUDGET IMPACT: Revenue of $2,850 annually plus gaming license fees. SUPPORTING DOCUMENTS: 1. Ordinance Prepared by: KRB Page 1 of 1 22-1016 ORDINANCE NO. _________________ AN ORDINANCE AMENDING SECTION 113.043(A) OF THE GALESBURG CITY CODE REGARDING THE NUMBER OF CLASS A LIQUOR LICENSES WHEREAS,the City of Galesburg is an Illinois home rule municipal corporation organized and operating pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS,the City has adopted certain liquor license regulations designed to protect the health,safety and welfare,which are codified in Chapter 113 of the Galesburg City Code; and WHEREAS,Section 4-1 of the Illinois Liquor Control Act,235 ILCS 5/4-1,empowers the Mayor and City Council to establish conditions,regulations and restrictions upon the issuance of local liquor licenses not inconsistent with law as the public good and convenience may require; and WHEREAS,the Mayor and City Council desire to update and revise the City Code to reflect a change in the number of Class A liquor licenses made available. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG,ILLINOIS,AS FOLLOWS: SECTION ONE:The foregoing recitals are hereby incorporated into this Ordinance as is fully set forth herein. SECTION TWO:Section 113.043(A) of the Galesburg City Code is amended in its entirety, and shall hereafter read as follows: (A)No more than 24 Class A licenses shall be issued and no more than five class A-2 licenses shall be issued. SECTION THREE:All ordinances or parts of ordinances in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION FOUR:This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this ______ day of __________________ 2022, by a roll call vote as follows: Roll Call #: ____________ Ayes: ________________________________________________________________________ Nays: _______________________________________________________________________ Absent: ______________________________________________________________________ Abstain:______________________________________________________________________ _______________________________________ Peter D. Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk Prepared by GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 2, 2022 AGENDA ITEM: Resolution authorizing the transfer of funds from the Tax Increment Financing (TIF) District 2 fund to the TIF 4 fund. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend approval of the resolution. BACKGROUND: The Illinois Tax Increment Allocation Redevelopment Act (the TIF Act), provides specifically for the transfer of funds from one TIF district to another. Section 4 (q) of the Act [65 ILCS 5/11-74.4-4(q)] provides that a municipality may utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile. Attached for the City Council’s consideration is a resolution authorizing the transfer of $26,500 from TIF 2 to TIF 4. These funds will be utilized to cover expenses of the Professional Services Agreement with Klingner & Associates related to the demolition of 140-144 E Main St. BUDGET IMPACT: The resolution provides for the transfer of $26,500 between the TIF 2 Fund and the TIF 4 Fund. Sufficient funds are available in the TIF 2 Fund. SUPPORTING DOCUMENTS: 1.Resolution 22-2024 RESOLUTION NO. ___________ RESOLUTION PROVIDING FOR THE TRANSFER OF FUNDS FROM THE EAST MAIN STREET TIF DISTRICT II TO THE CENTRAL/EAST MAIN TIF IV REDEVELOPMENT PROJECT AREA TO PAY FOR ELIGIBLE COSTS WHEREAS, the City of Galesburg (the “City”) is authorized under the provisions of the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 11-74.4-1, et seq. (the “Act”), to finance redevelopment project costs in connection with redevelopment project area established in accordance with the conditions and requirements set forth in the Act; and WHEREAS, pursuant to 65 ILCS 5/11-74.4.-4 paragraph (q) of the Act, the City is authorized to utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile; and WHEREAS, the City desires to transfer funds from the East Main Street TIF (also referred to as “TIF II”) Special Tax Allocation Fund (the “TIF II Fund”) to the Central/East Main TIF (also referred to as “TIF IV”) Special Tax Allocation Fund (the “TIF IV Fund”) to pay for eligible redevelopment project costs within TIF IV; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Galesburg, Illinois as follows: 1. That the City Council hereby finds that, pursuant to the requirements of the Act, the boundaries of TIF II and TIF IV are contiguous, as shown in the attached map. 2. That the Tax Increment Financing Redevelopment Plan and Project for TIF IV, dated February 19, 2008, states on page 41 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…applicable revenue from any adjoining Tax Increment Financing Area…” 3. That the Tax Increment Financing Redevelopment Plan and Project for TIF II, dated August 12, 2009, states on page 22 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…property tax increment from any adjoining Tax Increment Financing Areas…” 4. That the City Council authorizes the Director of Finance and Information Systems to make a transfer in the amount of $26,500 from the TIF II Fund to the TIF IV Fund to assist with the financing of a project, specifically, funds will be used for eligible costs of the Professional Services Agreement with Klingner & Associates related to the demolition of 140-144 E Main St. in furtherance of the objectives of the redevelopment plan identified above. 5. That this resolution shall take effect immediately from and after its passage. Approved this day of , 2022, by a roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ Nays: ________________________________________________________________________ Absent: _______________________________________________________________________ Abstain: ______________________________________________________________________ ATTEST: ______________________________ Peter Schwartzman, Mayor ____________________________ Kelli R. Bennewitz, City Clerk Prepared by GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 2, 2022 AGENDA ITEM: Resolution authorizing the transfer of funds from the Tax Increment Financing (TIF) District 2 fund to the TIF 4 fund. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend approval of the resolution. BACKGROUND: The Illinois Tax Increment Allocation Redevelopment Act (the TIF Act), provides specifically for the transfer of funds from one TIF district to another. Section 4 (q) of the Act [65 ILCS 5/11-74.4-4(q)] provides that a municipality may utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile. Attached for the City Council’s consideration is a resolution authorizing the transfer of $20,000 from TIF 2 to TIF 4. These funds will be utilized to cover expenses of the Professional Services Agreement with Klingner & Associates related to the demolition of 236-238-240 S Seminary St. BUDGET IMPACT: The resolution provides for the transfer of $20,000 between the TIF 2 Fund and the TIF 4 Fund. Sufficient funds are available in the TIF 2 Fund. SUPPORTING DOCUMENTS: 1.Resolution 22-2025 RESOLUTION NO. ___________ RESOLUTION PROVIDING FOR THE TRANSFER OF FUNDS FROM THE EAST MAIN STREET TIF DISTRICT II TO THE CENTRAL/EAST MAIN TIF IV REDEVELOPMENT PROJECT AREA TO PAY FOR ELIGIBLE COSTS WHEREAS, the City of Galesburg (the “City”) is authorized under the provisions of the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 11-74.4-1, et seq. (the “Act”), to finance redevelopment project costs in connection with redevelopment project area established in accordance with the conditions and requirements set forth in the Act; and WHEREAS, pursuant to 65 ILCS 5/11-74.4.-4 paragraph (q) of the Act, the City is authorized to utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile; and WHEREAS, the City desires to transfer funds from the East Main Street TIF (also referred to as “TIF II”) Special Tax Allocation Fund (the “TIF II Fund”) to the Central/East Main TIF (also referred to as “TIF IV”) Special Tax Allocation Fund (the “TIF IV Fund”) to pay for eligible redevelopment project costs within TIF IV; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Galesburg, Illinois as follows: 1. That the City Council hereby finds that, pursuant to the requirements of the Act, the boundaries of TIF II and TIF IV are contiguous, as shown in the attached map. 2. That the Tax Increment Financing Redevelopment Plan and Project for TIF IV, dated February 19, 2008, states on page 41 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…applicable revenue from any adjoining Tax Increment Financing Area…” 3. That the Tax Increment Financing Redevelopment Plan and Project for TIF II, dated August 12, 2009, states on page 22 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…property tax increment from any adjoining Tax Increment Financing Areas…” 4. That the City Council authorizes the Director of Finance and Information Systems to make a transfer in the amount of $20,000 from the TIF II Fund to the TIF IV Fund to assist with the financing of a project, specifically, funds will be used for eligible costs of the Professional Services Agreement with Klingner & Associates related to the demolition of 236-238-240 S Seminary St. in furtherance of the objectives of the redevelopment plan identified above. 5. That this resolution shall take effect immediately from and after its passage. Approved this day of , 2022, by a roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ Nays: ________________________________________________________________________ Absent: _______________________________________________________________________ Abstain: ______________________________________________________________________ ATTEST: ______________________________ Peter Schwartzman, Mayor ____________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Bids for reconstructing West Street from Main Street to Tompkins Street. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, City Engineer, and Purchasing Agent recommend approval of the bid in the amount of $820,928.95 from Gunther Construction, a division of UCM, Inc. minus a proposed credit of $20,000 for a net bid price of $800,928.95. BACKGROUND: The existing street base and concrete curb and gutter will be completely removed and replaced with a new full depth concrete pavement and concrete curb and gutter. This contract also includes construction of all new concrete driveway approaches from the street to the back of the sidewalk, sidewalk replacement, storm sewer, and water main replacement. The bid documents require the Contractor to harvest the existing bricks on this street and place them in the City’s brick storage yard. At the City’s request, the Contractor submitted a credit in the amount of $20,000 if they were not required to salvage the bricks from this project. It is recommended to accept the credit for not harvesting the bricks. The City has harvested the bricks on the last three brick street projects and has a very large inventory of bricks. Also, the bid was over the amount budgeted for the roadway portion of the project and accepting the credit will bring the roadway cost closer to the budgeted amount. The project was advertised in the Register Mail, in the Illinois Department of Transportation Bulletin to all contractors statewide, and on the City’s website. Fifteen (15) bid proposals were sent out and three (3) bids were received. The low bidder was Gunther Construction Co. from Galesburg, IL in the amount of $820,928.95 of which $647,295.57 is for the roadway work and $173,633.38 is for the water main work. The bid for this project was within the estimated amount anticipated for the work. The work will be done in two stages and the contractor will have 50 working days to complete the project. It is anticipated that the project will begin in June. BUDGET IMPACT: Sufficient funds are budgeted for the project in the City Gas Tax Fund (14) and Water Fund (61). SUPPORTING DOCUMENTS: 1. Vendors contacted 2.Bid Tabulation 22-3017 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 2 of 2 VENDORS CONTACTED: Gunther Construction Co., Galesburg, IL Brandt Construction, Milan, IL Laverdiere Construction, Macomb, IL McCarthy/Foley, Davenport, IA Illinois Civil Contractors, Inc., East Peoria, IL Hein Construction Co., Galesburg, IL Valley Construction Co., Rock Island, IL Otto Baum Co., Morton IL County Contractors, Inc., Quincy, IL Advanced Asphalt, Princeton, IL G.M. Sipes Construction, Inc., Rushville, IL Miller & Son Construction, Mackinaw, IL Stark Excavating, Bloomington, IL Phoenix Corporation, Port Byron, IL Lockwood Excavating & Construction, Galesburg, IL CITY OF GALESBURG Purchasing Operating Under Council- Manager Government Since 1957 WEST ST RECONSTRUCTION BIDDER NAME: Section: 22-00437-10-RP BIDDER ADDRESS: Bid Date: 4/20/2022 CITY/STATE/ZIP: ATTENDED BY: MILLER/GAVIN UNIT UNIT UNIT UNIT UNIT QTY UNIT ITEM PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 534 CUYD TRENCH BACKFILL 60.85$ 32,493.90$ 58.00$ 30,972.00$ 50.00$ 26,700.00$ 2864 SQYD GEO FAB FOR GRD STAB 1.84$ 5,269.76$ 3.00$ 8,592.00$ 1.75$ 5,012.00$ 299 SQYD AGG BASE CSE, TY B, 2"12.98$ 3,881.02$ 11.00$ 3,289.00$ 15.00$ 4,485.00$ 2864 SQYD AGG BSE CSE, TY B, 6"12.41$ 35,542.24$ 12.00$ 34,368.00$ 13.00$ 37,232.00$ 316 SQYD PCC BASE CRSE, 8"60.10$ 18,991.60$ 100.00$ 31,600.00$ 80.00$ 25,280.00$ 36 POUNDS POLY BIT MATLS (TACK)1.70$ 61.20$ 1.50$ 54.00$ 10.00$ 360.00$ 27 TON POLY HMA BC, IL9.5, N50 418.27$ 11,293.29$ 420.00$ 11,340.00$ 300.00$ 8,100.00$ 27 TON POLY SC, MIX "D", N50 418.27$ 11,293.29$ 420.00$ 11,340.00$ 300.00$ 8,100.00$ 2164 SQYD PCC PVT, 7.5"55.64$ 120,404.96$ 69.00$ 149,316.00$ 75.00$ 162,300.00$ 77 SQYD PCC DWY PVT, 6"67.76$ 5,217.52$ 110.00$ 8,470.00$ 80.00$ 6,160.00$ 222 SQYD PCC DWY PVT, 8"75.95$ 16,860.90$ 101.00$ 22,422.00$ 85.00$ 18,870.00$ 3346 SQFT PCC SW, 4"9.97$ 33,359.62$ 18.00$ 60,228.00$ 11.00$ 36,806.00$ 224 SQFT PCC SW, 6"13.19$ 2,954.56$ 19.00$ 4,256.00$ 14.00$ 3,136.00$ 868 SQFT PCC SW, 8"28.83$ 25,024.44$ 20.00$ 17,360.00$ 24.00$ 20,832.00$ 157 SQFT DETECTABLE WARNING 25.12$ 3,943.84$ 52.00$ 8,164.00$ 35.00$ 5,495.00$ 411 SQYD PAVEMENT REMOVAL 17.80$ 7,315.80$ 14.00$ 5,754.00$ 25.00$ 10,275.00$ 564 SQYD DRIVEWAY PVT REMOVAL 12.84$ 7,241.76$ 14.00$ 7,896.00$ 25.00$ 14,100.00$ 1635 FT CCC&G REMOVAL 5.11$ 8,354.85$ 5.00$ 8,175.00$ 9.00$ 14,715.00$ 4659 SQFT SIDEWALK REMOVAL 2.47$ 11,507.73$ 2.00$ 9,318.00$ 1.75$ 8,153.25$ 380 FT STORM SEWER CL B T1 12"111.20$ 42,256.00$ 106.00$ 40,280.00$ 100.00$ 38,000.00$ 52 FT SS REM, 12"77.63$ 4,036.76$ 74.00$ 3,848.00$ 20.00$ 1,040.00$ 2 EA MH, TY A, 4' DIA., TY 3 F&G 6,104.49$ 12,208.98$ 5,819.00$ 11,638.00$ 5,000.00$ 10,000.00$ 7 EA INLETS, TY A, TY3 F&G 3,477.64$ 24,343.48$ 3,315.00$ 23,205.00$ 2,500.00$ 17,500.00$ 5 EA INLETS, TY B, TY3 F&G 3,604.57$ 18,022.85$ 3,436.00$ 17,180.00$ 3,500.00$ 17,500.00$ 3 EA MH TO BE ADJ 678.24$ 2,034.72$ 1,307.00$ 3,921.00$ 1,000.00$ 3,000.00$ 6 EA INLET REMOVAL 800.43$ 4,802.58$ 763.00$ 4,578.00$ 750.00$ 4,500.00$ 1648 FT CCC&G TB6.18 41.27$ 68,012.96$ 46.00$ 75,808.00$ 35.00$ 57,680.00$ 1 LSUM MOBILIZATION 15,030.87$ 15,030.87$ 19,288.00$ 19,288.00$ 60,000.00$ 60,000.00$ 1840 SQFT BRICK SIDEWALK REMOVAL 2.68$ 4,931.20$ 2.00$ 3,680.00$ 1.75$ 3,220.00$ 1 LSUM TC&P, SPL 5,915.03$ 5,915.03$ 8,706.00$ 8,706.00$ 30,000.00$ 30,000.00$ 100 CUYD TRENCH BACKFILL SPL 127.99$ 12,799.00$ 122.00$ 12,200.00$ 130.00$ 13,000.00$ 1 LSUM CONSTRUCTION LAYOUT 6,818.89$ 6,818.89$ 14,993.00$ 14,993.00$ 5,000.00$ 5,000.00$ 2256 SQYD PVT REM, SPL 31.87$ 71,898.72$ 49.00$ 110,544.00$ 40.00$ 90,240.00$ 4438 SQFT AGG BASE CSE, TY B, 2" (SPL)2.43$ 10,784.34$ 2.00$ 8,876.00$ 2.60$ 11,538.80$ 1759 SQYD TOPSOIL, EXC & PLACE 8.21$ 14,441.39$ 7.00$ 12,313.00$ 5.00$ 8,795.00$ 1 LSUM LANDSCAPING 7,186.06$ 7,186.06$ 5,825.00$ 5,825.00$ 5,000.00$ 5,000.00$ 161 FT CURB WALL REMOVAL 9.46$ 1,523.06$ 6.00$ 966.00$ 25.00$ 4,025.00$ 2 FT 10" DR-18 C-900 PVC PIPE 562.30$ 1,124.60$ 536.00$ 1,072.00$ 250.00$ 500.00$ 820 FT 8" DR-18 C-900 PVC PIPE 84.97$ 69,675.40$ 81.00$ 66,420.00$ 90.00$ 73,800.00$ 15 FT 6" DR-18 C-900 PVC PIPE 80.78$ 1,211.70$ 77.00$ 1,155.00$ 100.00$ 1,500.00$ 20 FT 12" WATER MAIN CASING 174.14$ 3,482.80$ 166.00$ 3,320.00$ 200.00$ 4,000.00$ 1 EA 12"X8" TAP SL & 8" TAP VALVE 5,842.22$ 5,842.22$ 5,569.00$ 5,569.00$ 7,500.00$ 7,500.00$ 1 EA 6" TAP SLEEVE & 6" TAP VALVE 4,573.90$ 4,573.90$ 4,360.00$ 4,360.00$ 5,000.00$ 5,000.00$ 1 EA 10"X8" RJ REDUCER 925.27$ 925.27$ 882.00$ 882.00$ 1,000.00$ 1,000.00$ 2 EA SERVICE LINE REP (LONG SIDE)2,774.77$ 5,549.54$ 2,645.00$ 5,290.00$ 5,000.00$ 10,000.00$ 1 EA SERVICE LINE REP (SHORT SIDE)4,269.68$ 4,269.68$ 4,070.00$ 4,070.00$ 7,500.00$ 7,500.00$ 2 EA FIRE HYD W/ 6" VALVE 6,751.76$ 13,503.52$ 6,436.00$ 12,872.00$ 9,000.00$ 18,000.00$ 3 EA 8X6 RJ TEE 927.37$ 2,782.11$ 884.00$ 2,652.00$ 1,000.00$ 3,000.00$ 2 EA 8" RW GATE VALVE 2,953.11$ 5,906.22$ 2,815.00$ 5,630.00$ 3,500.00$ 7,000.00$ 4 EA 8" RJ 45 DEG FITTING 737.49$ 2,949.96$ 703.00$ 2,812.00$ 1,000.00$ 4,000.00$ 1 EA 6" RJ 90 DEG FITTING 518.24$ 518.24$ 494.00$ 494.00$ 1,000.00$ 1,000.00$ 1 EA 10" ROMAC MACRO COUPLING 1,242.09$ 1,242.09$ 1,184.00$ 1,184.00$ 1,000.00$ 1,000.00$ 3 EA 6" CUT & CAP EX WATER MN 2,059.31$ 6,177.93$ 1,963.00$ 5,889.00$ 1,000.00$ 3,000.00$ 2 EA REM EX. FIRE HYD ASSEMBLY & TEE 372.42$ 744.84$ 355.00$ 710.00$ 1,500.00$ 3,000.00$ 2 EA ABANDON & FILL EX MH 1,194.88$ 2,389.76$ 1,139.00$ 2,278.00$ 1,500.00$ 3,000.00$ TOTAL COST W/O ALT 1 820,928.95$ 937,422.00$ 949,950.05$ 1 LSUM ALT BID#1 PVT REM CREDIT 20,000.00$ 20,000.00$ 50,000.00$ 50,000.00$ 33,000.00$ 33,000.00$ -$ -$ TOTAL COST WITH ALT 1 800,928.95$ 887,422.00$ 916,950.05$ LOW BID DETERMINED BY BASE BID WITHOUT ALT 1 Gunther Construciton Co Laverdiere Construction Brandt Construction Co. 816 N Henderson St 4055 W. Jackson Street 700 4th St. W. Bid Bond Bid Bond Bid Bond Galesburg, IL 61401 Macomb, IL 61455 Milan, IL 61264 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: JM Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Refurbish of Ladder Truck 51 by Alexis Fire Equipment. SUMMARY RECOMMENDATION: City Manager recommends approval of the bid from Alexis Fire Equipment for the scheduled and budgeted refurbish of 51 for $90,036.20. BACKGROUND: Alexis Fire Equipment is the sole source vendor for the necessary repairs and safety improvements to Ladder Truck 51. The vehicle was purchased in 2007 with a useful life expectancy of eighteen years. In 2017, it was recommended to extend the replacement of the truck to twenty-three years and budget money in the Vehicle Replacement Fund for a refurbishment of the truck in 2022 to extend its useful life expectancy. The requested repairs and safety upgrades should make the truck viable until 2030. Current market trends are showing an 8% increase in new fire apparatus prices annually. Replacement of the truck this year would cost approximately 1.2 million dollars. BUDGET IMPACT: Sufficient funds were budgeted in the Vehicle Replacement Fund for this project. SUPPORTING DOCUMENTS: 1.Photos of 51 2.Bid from Alexis Fire Equipment 22-3018 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: JM Page 2 of 2 ____________________________________________________________________________________________ Prepared by: GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 2, 2022 AGENDA ITEM: Minority and/or Woman owned Business Startup Assistance Program application for Amanda Powell, Psychotherapy and Social Work Consulting Services, PLLC. SUMMARY RECOMMENDATION: The KCAP Review Committee has recommended the approval of a $5,000 grant to assist with covering startup expenses for the business. The City Manager and Director of Community Development concur with this recommendation. BACKGROUND: City Council approved new business incentive programs during their February 21, 2022 meeting. The intent of the programs was to increase minority and/or women owned businesses. Psychotherapy and Social Work Consulting Services, PLLC will provide mental health services for older adults and will be located downtown Galesburg in the Weinberg Arcade. The funds will be used toward initial startup expenses for items such as equipment and office furnishings. Per the program guidelines, a self-employed person is eligible to received $5,000, which is the recommended amount by the grant committee per the attached letter. BUDGET IMPACT: If approved, the $5,000 grant would be paid from the American Rescue Plan dollars. SUPPORTING DOCUMENTS: 1.Correspondence from Knox County Partnership, with grant review committee recommendation dated April 19, 2022. 2.Grant Agreement 22-4044 Page 1 of 2 GALESBURG ASSISTANCE PROGRAM GRANT AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ________, 2022 (the “EFFECTIVE DATE”), by and between the City of Galesburg, an Illinois municipal corporation (hereinafter referred to as “CITY”), and Psychotherapy and Social Work Consulting Services, PLLC (hereinafter the “GRANTEE”). WHEREAS, the Mayor and City Council desire to increase the number of business start-ups owned by minorities, women and persons with disabilities and/or also encourage businesses to reuse vacant spaces on the south side (south of Main St) of Galesburg; and WHEREAS, the Mayor and City Council of the CITY approved the Business Collateral Assistance Program, Business Startup Assistance Program and Southside Occupancy Assistance Program (hereinafter the “PROGRAM”) at their February 21, 2022 meeting to aid businesses with certain qualifying expenses; and WHEREAS, the GRANTEE is the owner of a qualifying business located within the CITY and has applied for a grant through the PROGRAM, and the CITY has approved such application. NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: Section 1. Grant Amount. Upon the execution of this Agreement, the CITY shall cause the disbursement of proceeds in an amount not to exceed $5,000 (the “GRANT”), except for the rent subsidy incentive which is on a reimbursement basis after GRANTEE provides proof of payment per the PROGRAM. Section 2. Grant Requirements. GRANTEE agrees that it shall utilize the GRANT solely for purposes in connection with the business located at 64 S. Prairie St., Galesburg, IL 61401 and as outlined in its funding request previously submitted by the GRANTEE, which is incorporated by reference into this agreement. GRANTEE hereby accepts the funding for the sole purposes listed in its said funding request and agrees that the funds provided by the CITY shall be used for those purposes, and no other. A GRANTEE’s request for any modification must be made in writing and approved by CITY before any expenditures differing from the original GRANT award are paid from funds provided by CITY. Section 3. Representations of GRANTEE. In connection with the GRANT, the GRANTEE represents and warrants that: a. It operates as a business enterprise or organization lawfully conducting business in Illinois; and b. The business, including all owners with at least 10% ownership, is/are in good standing with the CITY and the State of Illinois (i.e. no outstanding fines or fees, no tax delinquencies, food/beverage tax and/or hotel/motel tax paid to date, and possess all required licenses); and c. Provide proof of job creation to the CITY via a payroll report within one year of the EFFECTIVE DATE; and d. Financial records must be kept for inspection and/or audit for a period of two years after the EFFECTIVE DATE. Financial records include receipts documenting actual expenditures, payroll statements, vouchers, invoices and bills, covering all receipts and expenditures of GRANT funds. The GRANTEE recognizes the right of CITY or its designee to make a full audit of GRANTEE’s records relating to this GRANT; and e. Guarantee the repayment of funds in the event of default. Page 2 of 2 Section 4. CITY not liable. The parties agree that the CITY is not herein entering into any contract or agreement with any vendors or contractors for the purchase of any goods or services under the PROGRAM. The parties also agree that the CITY is not in any manner providing any warranties or other assurances about the quality or suitability of any goods or services provided to the GRANTEE for under the PROGRAM. The parties agree further that GRANTEE shall hold the CITY harmless for any damages to persons or property that may occur during or in any manner arising from the PROGRAM. Section 5. Default. If the CITY determines that any funds have been disbursed for ineligible activities, in violation of the terms of this Agreement, the CITY shall provide written notice of said violation to the GRANTEE. The CITY shall be entitled to terminate this Agreement within five days of said written notice. GRANTEE shall, within 30 days of a written demand made by the CITY, reimburse the CITY for all funds disbursed for said ineligible costs. The CITY may, at its option, continue further disbursements pursuant to this Agreement after any disbursement for any ineligible activities if the GRANTEE reimburses the CITY for the improper disbursements, or otherwise cures the violation to the CITY’s satisfaction. If the GRANTEE fails to fulfill the obligations specified under Section 3 the City shall provide written notice of default to the GRANTEE, and the GRANTEE shall, within 30 days of a written demand made by the City, reimburse the CITY for all funds provided under this agreement. In the event the GRANTEE should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the GRANTEE herein contained the GRANTEE agrees that it will on demand therefore pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 6. Notices. Required notices, as provided herein, shall be mailed by first class mail, and shall be deemed served on the party in question on the date of mailing. Said notices shall be addressed to the pertinent party at addresses listed below. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the day and year first above written. CITY OF GALESBURG, an Illinois municipal corporation, Grantee (Psychotherapy and Social Work Consulting Services, PLLC) By: By: Peter Schwartzman, Mayor Signature of representative Attest: Kelli Bennewitz, City Clerk Amanda Powell, Owner Address: 55 W. Tompkins St Address: 64 S Prairie St Galesburg, IL 61401 Galesburg, IL 61401 April 19th, 2022 Honorable Members of the Galesburg City Council, This letter is a formal recommendation for the proposed City of Galesburg Minority Business Startup Assistance Program grant for Amanda Powell Psychotherapy and Social Work Consulting Services PLLC. Amanda Powell Psychotherapy and Social Work Consulting Services PLLC will establish an office in Galesburg and provide in-person and telehealth psychotherapy and counseling services for older adults and caregivers. There is an acute need for these services in the region. Amanda is a licensed clinical social worker and has been working in the cognitive-behavioral field for several years. The business will be based in the Weinberg Arcade building Downtown. The business will utilize the $5,000 in startup grant funds to help cover startup costs for the business. In addition to the grant proceeds, she will be utilizing a small business loan from her local lender. The Knox County Area Partnership for Economic Development convened the Grant Review Committee to review the proposed application on Monday, April 18th. The committee unanimously voted to recommend approval of this loan to City Council with one abstention. The committee consisted of four commercial lenders plus City and KCAP staff. The committee thought that Amanda’s business plan was thorough and that her projected financials for the business were reasonable and well-constructed. The Grant Review Committee Consisted of: - Becky King, First Midwest Bank - Lance Oetting, Midwest Bank - Mike Holloway, F&M Bank - Brad Clark, Tompkins State Bank (abstained from voting) - Steve Gugliotta, City of Galesburg - Ken Springer, Knox County Area Partnership for Economic Development By design, the Committee consists of commercial bankers with years of lending experience and credit analysis. We feel that this expertise gives an added level of safety to the City when making granting decisions. In conclusion, the Committee voted to recommend to the Galesburg City Council that this grant application be given final approval. The Committee felt that the risk profile for this request was appropriate for the intent of the program and that the recipient met all of the application requirements. Sincerely, Ken Springer, President The Knox County Area Partnership for Economic Development ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Amendment to maintenance contract with the Galesburg Downtown Council for maintenance performed in the Downtown Special Service Area. SUMMARY RECOMMENDATION: The City Manager and Director of Public Works recommend approval of the proposed amendment to the maintenance contract with the Galesburg Downtown Council (GDC). BACKGROUND: The Galesburg Downtown Council (GDC) was established in 1973 for the purposes of preserving and enhancing the economic viability and aesthetic quality of downtown Galesburg. In 1991 the first contract was entered into providing for the City to pay the GDC $75,000 for service and maintenance functions in the Special Service Area Number 1. In 2015 the contract was revised and increased the total compensation to $80,000. The $80,000 cost of the maintenance contract is predominantly funded from a 1% special maintenance tax levy the GDC imposes on all the properties located within the special service area. In addition, the City provides funding from city funds to assist in covering the cost for maintenance of the downtown area. The amount the 1% tax levy generates fluctuates from year to year, so likewise does the amount of funds provided by the City. The following table shows the last three years. Year 2019 2020 2021 1% Tax Levy $57,443.42 $55,659.96 $48,718.02 City Funds $22,556.58 $24,340.04 $31,281.98 Total $80,000.00 $80,000.00 $80,000.00 The GDC is responsible for installing, repairing, and maintaining trash containers, flowerpots, planter boxes, landscape fencing, bike racks, benches, banners, maintaining sidewalks and paved seating areas in a clean and debris free condition, weekly refuse removal, holiday lighting, tree, and plant care, except for tree pruning over 12 feet high, and snow removal from the sidewalks. The proposed amendment revises Paragraph E and would set the city funding portion at $27,000 for 2022, with an increase of $1,000 each year through the year of 2026. The increase each year is to offset some of the increased costs for personnel and materials that occur each year. The GDC maintenance budget for 2022 is $96,000. It is anticipated that the 1% tax levy amount will be approximately $70,000 in 2022 which is an increase largely due to the expiration of TIF 1. BUDGET IMPACT: The City currently provides city funding from replacement tax funds for the City’s share of funding. The proposed amendment will be in line with funding amounts provided in previous years. 22-4045 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 2 of 2 SUPPORTING DOCUMENTS: 1.Proposed Amendment 2.Existing GDC Maintenance Contract 3.Map of Special Service Area Number 1 FIRST AMENDMENT TO MAINTENANCE CONTRACT WITH THE GALESBURG DOWNTOWN COUNCIL This Agreement, entered into on or as of the _____ day of ______________, 2022, by and between the City of Galesburg, Illinois, a municipal corporation, hereinafter called the “City” exercising its home rule governmental powers pursuant to the 1970 Constitution of the State of Illinois, and the Illinois Municipal Code, whose address is 55 West Tompkins Street, Galesburg, Illinois 61401, and Galesburg Downtown Council, a not-for-profit Illinois corporation, hereinafter called “GDC.” WITNESSESTH WHEREAS, the City is an Illinois municipal corporation possessing home rule powers under Section 6 of Article VII of the Illinois Constitution; and WHEREAS, GDC and City are parties to a Maintenance Contract dated April 20, 2015, and WHEREAS, the Parties wish to amend the fee structure in this Maintenance Contract; and WHEREAS, the City finds that amendment of the Maintenance Contract will be in the best interests of the City and the health, safety and welfare of the residents. 1. Section E of the existing Maintenance Contract shall be amended in its entirety to read as follows: E. FEES FOR SERVICES RENDERED. In exchange for the performance by the GDC of the aforesaid services, the City agrees to pay the GDC the property tax revenues generated from the one percent (1%) special maintenance service property tax (1% levy) which the City levies each year, plus an additional amount of twenty-seven thousand dollars ($27,000.00) of City funds each year this contract is in force. The amount of City funds shall increase to $28,000 in year 2023, $29,000 in year 2024, $30,000 in year 2025, and $31,000 in year 2026 if this contract is still in force. Payment of the property tax revenues generated from the one percent (1%) shall be made when revenues are received from the Knox County. Treasurer. The City shall forward the 1% levy amount that was received to the GDC within one month from receipt of the 1% levy payment from the Knox County Treasurer. The City shall make payment of the City funds amount to the GDC by May 31, 2022 for the first year and then January 31 of each fiscal year thereafter. 2. Except as outlined in Section 1 above, all terms and conditions of the original Maintenance Contract shall remain in full force. 3. The parties may execute this Agreement in counterparts, each of which will be considered an original, but all of which will constitute the same agreement. 4. This First Amendment sets forth the parties entire understanding regarding the matters set forth above. It supersedes all prior or contemporaneous agreements, representations, and negotiations on these matters. CITY: CITY OF GALESBURG, ILLINOIS A Municipal Corporation: By: ___________________________ Peter Schwartzman, Mayor Attest: ___________________________ Kelli Bennewitz, City Clerk GDC: GALESBURG DOWNTOWN COUNCIL A not-for-profit Illinois corporation By: ______________________________ President Attest: ___________________________ MAINTENANCE CONTRACT This CONTRACT made this day of l 2015, between the CITY OF GALESBURG, ILLINOIS, a municipal corporation hereinafter referred to as ("City"), and the GALESBURG DOWNTOWN COUNCIL ("GDC"), a not-for=profit Illinois corporation, hereinafter referred to as"GDC"). WITNESSETH: For and in consideration of the covenants and agreements hereinafter given and exchanged, and by each party to be performed, said parties agree hereto as follows: A. INTRODUCTION. 1. "GDC" means the Galesburg Downtown Council, a not-for-profit Illinois corporation, established in 1973 for the purposes of preserving and enhancing the economic viability and aesthetic quality of downtown Galesburg. 2. "City" means the City of Galesburg, Illinois, a municipal corporation. 3. "Special Service Area Number One" (SSA) means a contiguous area within the City of Galesburg central business district in which special government services are provided, in addition to those services provided, generally throughout the City. The cost of the special services to be paid from revenues collected from taxes levied or imposed upon property within that area. The SSA is shown in Attachment"A". B. STIPULATIONS. The parties hereto stipulate and agree as follows: 1. The City is the owner of all public fixtures, and improvements that are located or placed on the street right-of-way in the SSA by the City or the GDC. 2. GDC shall at all times that this contract is in force provide and maintain a Commercial General Liability Insurance policy insuring the GDC, its agents and employees from liability for damage to persons or property with policy limits of at least One Million Dollars per occurrence and Two Million Dollars total aggregate coverage. GDC shall provide City with a certificate showing such coverage, and requiring thirty days written notice of intent to cancel said policy be given by the insurance company to City. 3. Nothing will be installed by the GDC on the street right-of-way or on City property in the SSA without the City's approval,which will not be unreasonably withheld. 4. The City will provide notice to the GDC of any proposed new construction or major rehabilitation projects located within the SSA and provide plans and specifications to the GDC for their review prior to the commencement of the work. This does not include routine maintenance projects such as sealing, milling and resurfacing of the pavement, or striping. 5. All services and maintenance provided by the GDC shall comply with all local, state and federal laws. C. GENERAL SERVICES. GDC agrees to provide the labor and materials necessary to perform service and maintenance functions in all areas of SSA, except Central Park which is located in the center of the square at the intersection of Main Street and Broad Street as designated on Attachment A, including but not limited to: 1. Installing, repairing and maintaining trash containers, flower pots, planter boxes, landscape fencing, bike racks, benches, and banners as mutually determined by the GDC and City and in compliance with local and state highway authority regulations. 2. Maintaining all sidewalks and paved seating areas, including those in Parkpgb Plaza, in a clean and debris free condition. 3. Weekly and as needed refuse removal from City owned trash containers in SSA public areas. City will provide a refuse dumpster at a location to be agreed upon by and between the parties. 4. Removal of yard waste which will be separated from the refuse and placed in a separate dumpster to be provided by City at a location to be agreed upon by and between the parties. 5. The GDC has the right to display decorative holiday lighting as determined by the GDC throughout the SSA area including adjacent city parks; provided that the City shall furnish electrical power and one maintenance worker and a man- lift or bucket truck to assist in their installation. 6. The GDC has the right to install and maintain decorative informative banners on the decorative street light poles as determined by GDC, subject to City's right to review and approve the content of the banners, and in compliance with local and state highway authority regulations. 7. GDC agrees to provide all labor and materials, with respect to plant care of existing and new plantings; including trees, flowers and shrubs in planters and flower pots in all areas of SSA, except Central Park which is located in the center of the square located at the intersection of Main Street and Broad Street, as determined by GDC. GDC shall not,however,be responsible for the pruning and maintenance of trees over twelve feet in height. 8. GDC agrees to provide the following labor with respect to snow removal in the SSA : i. Assist SSA businesses and property owners in removal of snow and ice from sidewalks as soon as practicable. This will include sidewalks that border City parking lots and parks. ii. Coordination of snow removal operations with the City. iii. Removal of snow from benches, trash containers, seats and shrubs to prevent buildup. D. CITY SERVICES. City agrees to provide all labor and materials, with respect to the following items within the SSA, subject to funding being available in the City General Fund budget: 1. Monthly (weather permitting) mechanical sweeping of all city parking lots in the SSA. 2. Bi-weekly (weather permitting) mechanical sweeping of all city streets in the SSA, not including public and private alleys. 3. Provide an annual schedule for replacing or repairing city parking lots and city sidewalks in the SSA. 4. Provide all materials and labor associated with maintaining and operating all street lights owned by.City in the SSA. 5. Repair the streetscape structures including: light poles, signage and sign posts. E. FEES FOR SERVICES RENDERED. In exchange for the performance by the GDC of the aforesaid services, the City agrees to pay the GDC the sum of eighty thousand.dollars ($80,000.00) each year this contract is in force. Said payment shall consist of the property tax revenues generated from the one percent(1%) special maintenance services property tax(1% levy) which the City levies each year and personal property replacement tax revenue (replacement tax)which the City receives from the State of Illinois. The City shall only provide replacement tax revenue if the I% levy does not generate revenue equal to or exceeding the eighty thousand dollars ($80,000.00). In the event the 1% levy generates revenue that exceeds the eighty thousand dollars ($80,000.00) figure, the excess proceeds shall be paid to the GDC. Payment shall be based upon when revenues from the I% levy are received from the Knox County Treasurer and when revenues from the replacement tax are received from the State of Illinois. Prior to the first property tax payment being received, the City's Finance Department shall determine the amount of revenue that will be generated from the 1% levy for the year to determine if any replacement tax will be needed to cover the required eighty thousand dollars ($80,000.00). When a property tax payment is received from the Knox County Treasurer that includes revenue from the 1% levy, the City shall forward the 1% levy amount that was received to the GDC within one month from receipt of the 1% levy payment from the Knox County Treasurer. If the 1% levy does not generate sufficient revenue to cover the entire eighty thousand dollars ($80,000.00) payment, the City's Finance Department will calculate the dollar amount that will need to be covered utilizing the replacement tax revenue. As the replacement tax is received from the State of Illinois, the City's Finance Department shall then calculate a pro-rated share of the replacement tax that will be paid to the GDC. Said payment shall be made within one month from the date the City receives the replacement tax revenue from the State of Illinois. Prior to the end of the calendar year the City's Finance Department will calculate and make any needed final adjustment payment. F. TERMINATION OF CONTRACT. This contract shall remain in full force and effect until such time as it is terminated. The contract may be terminated by either party hereto upon six (6) months advance written notice to the other party. In the event of termination, any payments due GDC shall be pro-rated based upon the date of termination. G. RESCISSION OF PRIOR CONTRACTS. It is hereby agreed that all prior contracts between the parties are rescinded and of no further force and effect. H. HOLD HARMLESS. City agrees to defend and hold harmless GDC from any claim concerning any occurrence from the previous and current maintenance agreements of the parties alleging that the GDC was negligent in maintaining the City's property, equipment and sidewalks in the SSA. I. MISCELLANEOUS. It is agreed by the parties hereto: 1. That the time of performance and payment is of the essence of this contact, and that all covenants and agreements contained herein shall bind and enure to the benefit of each party and its successors, legal representatives and assigns. 2. That neither party shall assign or otherwise transfer its interest in said contract during the term of this agreement without the written consent of the other party. 3. This contract embodies the entire agreement between the parties hereto relative to the subject matter hereof and shall not be modified,changed or altered except in writing signed by both parties or their agents. No oral representations by either party or either agents are binding on either party to this contract. This contract shall be construed and interpreted in accordance with the laws of the State of Illinois. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate by their respective duly-authorized officials and their respective seals to be affixed hereunto, as of the day and year first above written. CITY OF GALESBURG,ILLINOIS A municipal corporation By: Mayor s V Attest: City Clerk GALESBURG DOWNTOWN COUNCIL A not-for-profit Illinois corporation Ile By: Z resident Attest: s AttachmentACITYOFGALESBURGDowntownSpecialServiceArea Number OnePublicWorksDepartment Operating Under Council-Manager Government Since 1957 Feet 3001500300600 EWATER ST W FERRIS ST EFERRISST 150 150 Central Park EMAINST 150 E SIMMONS STWSIMMONSST MULBERRY ST WTOMPKINS ST E TOMPKINS ST The user must bear responsibility for the appropriate use of the information with respect to possible errors, original map scale, November 10, 2014collectionmethodology, currency of data and other conditions specific to certain data. ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: Gug Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 2, 2022 AGENDA ITEM: Consider a Professional Services Agreement with Klingner Associates, P.C. for the demolition of 140-144 E Main St, Property Identification Numbers 99-15-227-006 and 99-15- 227-006. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend the City Council approve the Professional Services Agreement. BACKGROUND: This property has been vacant since a fire occurred in 2014 that left an opening in the roof and south wall of the second story allowing inclement weather into the building, creating further damage. The attached aerial shows the general location of the lot in question. The west exterior wall of 144 E Main St shares a common load bearing wall with 156 E Main St. After 144 E Main St is removed this wall will be structurally sound, but will need repairs to infill openings and have an exterior finish applied. The west wall of 140 E Main St shares a common brick wall with 138 E Main St and will need structural work done to adequately tie the wall and roof framing of 138 E Main St to the wall prior to demolition. Both properties are approximately .081 acres. If Council agrees to this Professional Services Agreement, Klingner will provide the following services: Description Cost Plat of Survey $ 8,500 Construction documents and specifications $10,000 Bidding Services $ 3,000 Construction Observation Hourly w/ estimate $152/hr $ 5,000 Total $26,500 BUDGET IMPACT: Sufficient funds from Tax Increment Financing District 2 are available to transfer into Tax Increment Financing District 4 for this Professional Services Agreement. SUPPORTING DOCUMENTS: 1.Aerial – General location 2.Professional Services Agreement 22-4046 ParkPlzParkPlz150 SPrairieStSPrairieSt66 20202056 20 17 21 21.4 21.4 23.8 7818 70202020 25 26 27 3 20 4 1 2 1 3 28 590243066.7544.556 23.4 66 1212 1238 2211290 44.75PARK PLZS PRAIRIE ST9915226023120 E MAIN ST9915226025 130 E MAIN ST 9915226025 130 E MAIN ST 9915227005 140 E MAIN ST 9915227006 144 E MAIN ST 9915227007 156 E MAIN ST 9915227018 138 E MAIN ST 9915227020 Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community April 23, 2022 / Cadastral City of Galesburg 140-144 E Main St 20 0 20 40 6010 Feet 140-144 E Main St Community Development Department Operating Under Council-Manager Government Since 1957 Demolition PROPOSAL FOR: City of Galesburg REGARDING: Main Street Demolitions 140-144 E Main Street, Galesburg, Illinois 61401 DATE: April 14, 2022 PROJECT UNDERSTANDING City of Galesburg (Client) has requested that Klingner & Associates, P.C. (Klingner) provide a proposal for architectural services associated with the demolition of two buildings (140-144 East Main Street). Klingner has previously provided a Structural Evaluation of the Proposed Removal of the 140-144 East Main Street Buildings. 156 East Main Street is located east of 144 East Main Street. The west exterior brick wall from the basement to the roof of 156 East Main Street is a common load -bearing brick wall with 144 East Main Street. The roof and floor joists of 144 East Main Street bear on this wall in pockets notched i nto the wall. 156 East Main Street was built prior to 144 East Main Street. The wall notches/voids will need to be infilled. Infill/repair documentation will be provided to the Client in conjunction with detailed demolition plans and specifications. 138 East Main Street is located west of 140 East Main Street. The west exterior brick wall of 140 East Main Street is a common brick wall with 138 East Main Street. The roof and floor joists of 138 East Main Street are notched into the common wall. 140 East Main Street was built prior to 138 East Main Street . After 140 East Main Street is removed the common brick wall will not be structural sound, since it is not adequately tied to the roof and floor framing of 138 East Main Street. Therefore, prior to demolition, the common wall will be securely anchored to the roof and floor joists of 138 East Main Street. Klingner will be providing Construction Documents that include detailed demolition plans and specifications. Included in the Construction Documents are design services for infilling the wall voids and providing a design finish for the west wall of 156 East Main Street. Design services also include providing t ie-back anchors for the east wall of 138 East Main Street and providing a design finish for the exposed exterior. Construction observation services may be provided on an hourly basis as requested by the Client. Klingner’s Scope of Services will be for land surveying and architectural services as indicated below. The Scope of Services will be provided in accordance with the Klingner & Associates, P.C. attached General Terms and Conditions. I. SCOPE OF SERVICES a. Land Surveying Services Services during this project include: i. Perform courthouse and office research to obtain recorded plats, deeds , and other documents necessary to perform boundary survey. ii. Search existing monumentation marking lot corner, if any. iii. Review recorded documents and perform office calculations to determine property boundary. iv. Survey and determine location of west party wall of 140 East Main Street. Proposal for City of Galesburg – Main Street Demolitions April 14, 2022 Page | 2 v. Survey and determine location of east party wall of 144 East Main Street. vi. Prepare plat of survey showing results of survey and prepare legal description for the west party wall of 140 East Main Street and east party wall of 144 East Main Street. vii. Set iron pins marking the west & east party wall lines, if accessible. viii. The City of Galesburg will be responsible for: 1. Notifying property owners that surveyors will be in the area and possibly on roof tops. 2. Arrange access for the surveyors into the buildings and on the roof tops. 3. Record Plat of Survey at the Knox County Courthouse. ix. Exclusions: 1. Full boundary survey for each parcel (9915227007, 9915227006, 9915227005, 9915227018). 2. Setting iron pins marking property corners of each parcel (9915227007, 9915227006, 9915227005, 9915227018). b. Architectural Services Deliverables during this project include: i. Construction Documents and Specifications: 1. Design and detail tie-back anchors for the party wall between 140 East Main Street and 138 East Main Street buildings. 2. Show limits of brick removal for the common walls above 156 East Main Street and 138 East Main Street. 3. Provide wall infill/repair documentation to the party walls to remain. 4. Provide design finish for the exposed exterior side of the party walls to remain. Anticipated finish to be cementitious stucco coating. 5. Provide demolition specifications in Project Manual format which include: a. Front end specifications (including input from the City of Galesburg). b. Technical demolition specifications. 6. Attend one (1) meeting with City of Galesburg to review documents prior to proceeding with bidding. 7. Exclusions: a. Making exploratory openings in any part of the existing building construction. If required, this will be provided by a separate contractor as an additional service. ii. Provide optional Bidding services: 1. Attend one (1) pre-bid meeting and provide meeting minutes. 2. Respond to Contractor bid questions with addendums. 3. Analyze bids and provide recommendation to Owner. 4. Provide Owner-Contractor agreement in the form of AIA 101-2017 Standard Form of Agreement between Owner and Contractor. Proposal for City of Galesburg – Main Street Demolitions April 14, 2022 Page | 3 iii. Provide Construction Administration services as requested by the Client: 1. Attend site visits during construction and provide site visit report. Number of site visits to be determined by the Client. Assumed two (2) site visits are necessary. 2. Review Contractor shop drawings. 3. Review and respond to Contractor request for information. 4. Attend one (1) site visit at the time of Contractor Substantial Completion. Provide a written punch list and AIA G704 Certificate of Substantial Completion. 5. Review Contractor applications for payment and waivers of lien. II. COMPENSATION Compensation shall be based on the following breakdown, plus all “Reimbursable Expenses” listed on the attached Reimbursable Expense Itemization. Payments shall be made in accordance with the Klingner & Associates, P.C.’s General Terms and Conditions. These fees are generated in relation to the Scope of Services herein. Land Surveying Services: • Plats of Survey - Lump Sum Fee $ 8,500.00 Architectural Services: • Construction Documents and Specifications - Lump Sum Fee $ 10,000.00 • Optional Bidding Services – Lump Sum Fee $ 3,000.00______ • Construction Observation – Hourly w/ Estimate $ 152/hour $ 5,000.00______ (Please indicate if optional Scope of Services are accepted with initials) III. AVAILABLE SERVICES i. The following Available Services are not included in the above Scope of Services herein, but can be provided upon request and as mutually agreed upon. 1. Anything not listed as included above. 2. Meetings or site visits other than those mentioned in the Scope of Services herein. 3. Special structural inspections. Proposal for City of Galesburg – Main Street Demolitions April 14, 2022 Page | 4 IV. APPROVAL All work will be performed in accordance with the Klingner & Associates, P.C.’s General Terms and Conditions attached or as mutually modified. The return of a signed copy of this Agreement to Klingner will signify acceptance of this proposal and initiation of our services. 4/14/2022 Cody N. Basham, AIA Licensed Architect Klingner & Associates, P.C. Date City of Galesburg Date General Terms & Conditions Page 1 of 2 Revised 01/06/2022 GENERAL TERMS AND CONDITIONS DEFINITIONS: The term Client shall be herein interpreted as the person, corporation, or public entity to which this contract is made. The term E/A/S is any division of Klingner & Associates, P.C. providing the professional Engineering, Architectural, or Surveying services. SCOPE OF SERVICES: Services are limited to those specifically listed; they do not include others not set forth or not listed which are expressly excluded from the scope of the E/A/S's services unless separately provided in writing, including but not limited to special inspections and structural tests as defined in Sections 1701 through 1715 of the International Building Code (IBC). The E/A/S assumes no responsibility to perform or provide any services not specifically listed. STANDARD OF PRACTICE: Services performed by the E/A/S under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this agreement, or in any report, opinion, document or otherwise. FIDUCIARY RESPONSIBILITY: The Client confirms that neither the E/A/S nor any of the E/A/S’s subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary responsibility shall be owed to the Client by the E/A/S or and of the E/A/S’s subconsultants or subcontractors as a consequence or the E/A/S’s entering into this Agreement with the Client. CHANGED CONDITIONS: This Agreement is based on conditions actually known by or disclosed to the E/A/S. If other conditions not originally known or disclosed become known or disclosed, the E/A/S may require a renegotiation of appropriate portions of this Agreement (e.g., compensation or scope of service). INFORMATION PROVIDED BY OTHERS: The Client shall furnish and grant permission to use, at the Client's expense, all information, requirements, reports, data, surveys and instructions as defined in the Scope of Services of this Agreement. The E/A/S may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof without independent verifications or investigation. UNAUTHORIZED CHANGES: In the event the Client, the Client's contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other construction documents prepared by the E/A/S without obtaining the E/A/S's prior written consent, the Client shall assume full responsibility for the results or consequences of such changes. Therefore the Client waives any claim against the E/A/S and releases the E/A/S from any liability arising directly or indirectly from such unapproved changes whether or not known by the E/A/S. CHANGE ORDERS: The Client agrees not to make any claim directly or indirectly against the E/A/S on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the costs of such approved Covered Change Orders exceed fifteen percent (15%) of Construction Cost, and then only for an amount in excess of such percentage. For purposes of this paragraph, the cost of Covered Change Orders will not include any costs that Client would have incurred if the Covered Change Order work had been included originally without any imprecision, incompleteness, error, omission, ambiguity, or inconsistency in the Contract Documents and without any other error or omission of the E/A/S related thereto. BETTERMENT : If, due to the E/A/S's negligence, a required item or component of the Project is omitted from the E/A/S's construction documents, the E/A/S shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the E/A/S be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. COMPENSATION METHODS: The “Lump Sum” method includes compensation for the E/A/S’s services and services of outside the E/A/S’s, if any. Appropriate amounts will be incorporated in the Lump Sum to account for labor, overhead, profit and may or may not include Reimbursable Expenses. The “Standard Hourly Rate” method is an amount equal to the cumulative hours charged per each classification of employee, times a current Standard Hourly Rate (revised annually on July 1st) for each applicable billing classification for all services performed on a Specific Project, plus Reimbursable Expenses and outside the E/A/S charges, if any. The “Payroll Cost Times Multiplier” method is an amount equal to the cumulative hours charged per each classification of employee, times a specified multiplier of the employee’s payroll cost. The “Payroll Cost” is defined as the salary and wage of an employee plus the cost of customary and statutory benefits including, but not necessarily limited to, social security contributions, unemployment, health, sick leave, vacation, workers' compensation, incentive and holiday pay applicable thereto. "Reimbursable Expenses" means the actual expenses incurred directly or indirectly in connection with the work including but not limited to the following: transportation and subsistence, telephone and media expenses, reproduction or printing, computer time, and outside the E/A/Ss. PAYMENT: The E/A/S may invoice for its services and expenses monthly, based on the proportion of the actual work completed at the time of invoicing. Payment of invoice is due within fifteen (15) calendar days from the date invoiced. If not paid within thirty (30) calendar days, the Client agrees to additionally pay interest at the rate of one percent (1%) per month on the unpaid balance, or the maximum rate of interest permitted by law, whichever is less. If Client chooses to make payment by credit card, a five percent (5%) fee will be added to the invoice amount. In addition, the Client agrees to pay attorney fees, cost and collection expenses if incurred by the E/A/S to obtain payment. If payment request is passed on to a collection agency, the Client agrees to pay the invoice amount and accrued interest, plus the fee of the collection agency. Any claim for payment will be brought in Adams County, Illinois. RISK ALLOCATION: The E/A/S’s liability to the Client for injury or damage to persons or property arising out of work performed for the Client and for which liability may be found to rest upon the E/A/S, other than for professional errors, omissions or negligence will be limited to the E/A/S’s general liability insurance coverage of $1,000,000.00. LIMITATION OF LIABILITY: For any damage on account of professional errors, omissions or negligence will be limited to $100,000.00 or the fee, whichever is less. In no event shall the E/A/S be liable for incidental or consequential damages. This provision is separable from the remainder of this agreement to the extent inconsistent with law. CONSTRUCTION CONTINGENCY: Client recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by the E/A/S or in the other professional services performed or furnished by the E/A/S under this Agreement (“Covered Change Orders”). Accordingly, Client agrees to budget a minimum of five percent (5%) of the total client’s construction contractor’s bid amount(s) for contingencies. DEFECTS IN SERVICE: The Client shall immediately report to the E/A/S any defects or suspected defects in the E/A/S's services of which the Client becomes or should have become aware and allow the E/A/S to take measures to minimize the consequences of such a defect. Failure by the Client to notify the E/A/S shall relieve the E/A/S of the costs of remedying the defects claimed above the sum such remedy would have cost had prompt notification been given when such defects were or should have been first discovered. General Terms & Conditions Page 2 of 2 Revised 01/06/2022 ILLINOIS REVISED STATUTES COMPLIANCE: The Consultant and he/she and his/her principals have not been barred from signing this Agreement as a result of a violation of Sections 33E-3 and 33E-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes). TIME OF COMPLETION: The E/A/S will use its best efforts to complete the work by the date indicated in the schedule, but the E/A/S shall incur no liability due to any delay for any reason and the Client’s obligation to pay fees and expenses shall not be affected by any delay. In addition, if any delay increases the cost or time required by the E/A/S to perform its services in an orderly, professional and efficient manner, the E/A/S shall be entitled to a reasonable and equitable adjustment in schedule and/or compensation. OWNERSHIP OF DRAWINGS AND ELECTRONIC INFORMATION: Drawings, tracings, plats, specifications, CADD files, electronic information, and other products produced by the E/A/S may be used in connection with the Client’s presently proposed project, but shall otherwise be the E/A/S’s property and their use for any other project is not authorized. The Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the E/A/S from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney’s fees, arising out of or in any way connected with modification, translation, misinterpretation, misuse, or reuse by the Client or others of the machine readable information and data or other electronic data which may be provided by the E/A/S under this Agreement. Contract Documents include both the sealed drawings and the electronic files. If there is a conflict between the two, the sealed drawings will govern. ACCEPTANCE PERIOD: CADD files shall have an acceptance period of 90 days. During this time, the Client can examine the electronic files and verify their correctness. The E/A/S will remedy any errors discovered in the files during this period. Once the acceptance period ends, the Client has accepted the files and takes responsibility for their ongoing maintenance. OPINIONS OF PROBABLE COST: In providing opinions of probable cost, the Client understands that the E/A/S has no control over contractor’s costs or the price of contractor’s labor, equipment or materials, or over the Contractor’s method of pricing, and that the opinions of probable cost provided herein are to be made on the basis of the E/A/S’s qualifications and experience. The E/A/S makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. HAZARDOUS ENVIRONMENTAL CONDITIONS: Unless expressly stated in writing, the E/A/S does not provide assessments of the existence or presence of any hazardous or other environmental conditions or environmental contaminants or materials (“Hazardous Environmental Conditions”). Client shall inform the E/A/S of any and all known Hazardous Environmental Conditions before services are provided involving or affecting them. If unknown Hazardous Environmental Conditions are encountered, the E/A/S will notify the Client and, as appropriate, government officials of them. The E/A/S may without liability or reduction or delay of compensation due suspend services on the affected portion of the project until Client takes appropriate action to abate, remediate, or remove the Hazardous Environmental Condition. The E/A/S shall not be considered an “arranger”, “operator”, “generator”, “transporter,” “owner,” or “responsible party” of or with respect to contaminants, materials, or substances: assumes no liability for correction of any Hazardous Environmental Condition; and shall be entitled to payment or reimbursement of expenses, costs, or damages occasioned by undisclosed Hazardous Environmental Conditions. CONSTRUCTION SERVICES: Should the Client provide construction observation or review with either the Client’s representatives or a third party, the E/A/S’s services under this Agreement will be considered to be completed upon completion and submittal of the Final Design or the services outlined in the Scope of Work. It is understood and agreed that if the E/A/S’s Services under this Agreement do not include project observation, or review of the Contractor’s performance, or other construction services, and that such services will be provided by the Client, then the Client assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the E/A/S that may be in any way connected thereto. AUTHORITY AND RESPONSIBILITY: The E/A/S (1) does not guarantee the actual bids the Client will receive or the work of any Contractor or Subcontractor, (2) has no authority to stop work by any Contractor or Subcontractor, (3) has no supervision or control as to the work or persons doing the work, (4) does not have charge of the work, (5) is not responsible for safety in, on, or about the job site, and (6) does not have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms or other work aids. The E/A/S neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to finish and perform its work in accordance with the Contract Documents. TERMINATION: This agreement may be terminated by either party on written notice. If terminated by either party (with or without cause), the Client agrees to pay for all services and reimburse all expenses performed or incurred to and including the date written notice of termination is received by either party. DISPUTE RESOLUTION: Any claims or disputes made during design, construction or post-construction between the Client and the E/A/S shall be submitted to non-binding mediation. The Client and the E/A/S agree to include a similar mediation agreement with all Contractors, Subcontractors, Sub consultants, Suppliers and Fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. BINDING EFFECT: This is the entire agreement. It may not be amended except in writing. It shall be binding on both the Client and the E/A/S and their legal representatives, executors, administrators, successors and assigns. INDEMNIFICATION: The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the E/A/S, his or her officers, directors, employees, agents and sub consultants from and against said damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the E/A/S’s providing emergency services under this Agreement, excepting only those damages, liabilities or costs arising directly from the sole negligence or willful misconduct of the E/A/S. FAST TRACK/DESIGN-BUILD AND CONSTRUCTION: In consideration of the benefits to the Client of employing the “fast track” process (in which some of the E/A/S’s design services overlap the construction work and/or are out of sequence with the traditional project performance or delivery method), and in recognition of the inherent risks of fast tracking to the E/A/S which Client accepts, the Client waives all claims against the E/A/S for design changes and modification of portions of the services already constructed due to the Client's decision to employ the fast track process. The Client further agrees to compensate the E/A/S for all Additional Services required to modify, correct, or adjust the Construction Documents and coordinate them in order to meet the Client's Project requirements because of the Client's knowing decision to construct the Project in a fast track manner. RIGHT OF ENTRY: Client shall provide for E/A/S’s right to enter property owned by Client and/or others in order for E/A/S to fulfill the scope of service for this Project. Client understands that use of exploration equipment may unavoidably cause damage, the correction of which is not the responsibility of E/A/S. BURIED UTILITIES: Client shall be responsible for designating the location of all utility lines and subterranean structures within the property lines of the Project. Client agrees to waive any claim against the E/A/S and to defend, indemnify and hold harmless for any claim or liability for injury or loss arising from the E/A/S or other persons encountering utilities or other manmade objects that were not called to the E/A/S’s attention or which were not properly located on the plans furnished to the E/A/S. Client further agrees to compensate the E/A/S for any time or expenses incurred by the E/A/S in defense of any such claim, in accordance with the E/A/S’s standard hourly per diem fee schedule and expense reimbursement policy. Reimb Exp effective 01-01-22 Per diem REIMBURSABLE EXPENSE ITEMIZATION EFFECTIVE JANUARY 1, 2022 THROUGH JUNE 30, 2022 PRINTING REPORTS, MANUALS, SPECIFICATIONS COPIES B & W Color 8 ½" x 11", including Collating & Binding ................................................................. $ 0.17 Each $ 0.50 Each 8 ½" x 14", including Collating & Binding ................................................................. $ 0.21 Each $ 0.75 Each 11" x 17", including Collating & Binding................................................................... $ 0.28 Each $ 1.15 Each PLAN SHEETS (Based On Square Footage Of Media Used) B & W Color Bond ....................................................................................................................... $ 0.55/sq ft 2.00/sq ft Vellum .................................................................................................................... $ 0.65/sq ft 2.40/sq ft Mylar ...................................................................................................................... $ 0.80/sq ft 3.00/sq ft COMPUTER PLOTTING Labor cost plus media ($40.00 minimum charge for non-project related plotting) GENERAL ITEMS Mileage (may adjust due to fuel fluctuations) ................................................................................................ $ 0.585 per Mile Reproduction (i.e. Prints, Copies, Plans, etc) ................................................................................................ At Cost + 15% Computer Aided Design/Drafting .................................................................................................................. $ 15.00 per Hour Long Distance & Cell Calls, Subsistence & Lodging ...................................................................................... At Cost Non-reusable Supplies ................................................................................................................................. At Cost + 15% Boat .............................................................................................................................................................. $ 220.00/Day ATV .............................................................................................................................................................. $ 73.00/Day ATV-Truck .................................................................................................................................................... $ 108.00/Day Digital CD Copies ......................................................................................................................................... $ 6.00 Ea + Labor SURVEY ITEMS Three Dimensional Scanning ...................................................................................................................................... $200.00/Hour Global Positioning & Robotic Survey Instrument ......................................................................................................... $29.00/Hour Drone (Imagery) ......................................................................................................................................................... $50.00/Hour Drone (Survey) ........................................................................................................................................................... $125.00/Hour Drone (Survey Software) ............................................................................................................................................ $225.00/Day Wood Lath .................................................................................................................................................................. $ 1.45 Each 2" x 2" or 1” x 2” Wood Hub ........................................................................................................................................ $ 1.45 Each Wood Paddle Stake .................................................................................................................................................... $ 1.70 Each Concrete Monument ................................................................................................................................................... $62.00 Each Wire Flag Marker ........................................................................................................................................................ $ 0.20 Each Iron Pipe Marker ......................................................................................................................................................... $13.50 Each Rebar Pin Marker ....................................................................................................................................................... $ 3.00 Each Fence Post ................................................................................................................................................................. $ 9.50 Each GPS Monuments ...................................................................................................................................................... At Cost Recorder, Filing Fees ................................................................................................................................................. At Cost ENVIRONMENTAL ITEMS Peristaltic Pump .......................................................................................................................................................... $85.00/Day Bailer .......................................................................................................................................................................... $10.00 Each PID Meter ................................................................................................................................................................... $90.00/Day pH Meter..................................................................................................................................................................... $11.00/Day Geoprobe .................................................................................................................................................................. $90.00/Hour Bentonite .................................................................................................................................................................... $18.00/Bag Sand ........................................................................................................................................................................... $11.00/Bag TESTING SERVICES Concrete Slump and Air Tests (ASTM C143 and ASTM C231) ............................................................................. At Labor Concrete Cylinder Molds............................................................................................................................................. $4.00 Each Concrete Cylinder Tests (ASTM C39, ASTM C617, and ASTM C31) ........................................................... $25.00/Test + Labor Concrete Cylinder Tests (ASTM C39, ASTM C617, and ASTM C31) ............. Cured but not tested ............. $16.00 Each + Labor Moisture vs Density (Standard ASTM D698) ............................................................................................................... $210.00 Each Atterberg Limits: (Plastic Limit, Liquid Limit & Plasticity Index - ASTM D4318) ........................................................... $89.00 Each Nuclear Density Tests in-Place (ASTM D2922, ASTM D2950, and ASTM D3017) ..................................... $21.00 Each + Labor ADDITIONAL SERVICES Specialty Consultants ................................................................................................................................................. Cost + 15% Laboratory Analysis .................................................................................................................................................... Cost + 15% Aerial Photography ..................................................................................................................................................... Cost + 15% Custom Reproductions ............................................................................................................................................... Cost + 15% ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: Gug Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 2, 2022 AGENDA ITEM: Consider a Professional Services Agreement with Klingner Associates, P.C. for the demolition of 236-238-240 S Seminary St, Property Identification Numbers 99-15-235-018, 99-15-235-019 and 99-15-235-020. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend the City Council approve the Professional Services Agreement. BACKGROUND: The City purchased these properties in 2014 with the intent of demolishing them and potentially developing a parking lot. These buildings have been vacant since 2014.The building at 236 S Seminary St is a one story masonry exterior wall building and shares a party wall with the building at 224 S Seminary St. The buildings at 238 and 240 S Seminary St are two-story masonry exterior wall buildings. All three properties are approximately .525 acres. If Council agrees to this Professional Services Agreement, Klingner will provide the following services: Description Cost Plat of Survey $ 7,000 Wall Infill/Repair & Design finish documentation $ 5,000 Bidding Services $ 3,000 Construction Observation Hourly w/ estimate $152/hr $ 5,000 Total $20,000 BUDGET IMPACT: Sufficient funds from Tax Increment Financing District 2 are available to transfer into Tax Increment Financing District 4 for this Professional Services Agreement. SUPPORTING DOCUMENTS: 1.Aerial – General location 2.Professional Services Agreement 22-4047 SKelloggStETompkinsSt ESouthSt SSeminaryStETompkinsSt SSeminaryStSSeminaryStESouthSt 22.33 22 2822.2522.2545.5 45.5 45.5 140140134134.527322.2522.2522.2522.2522.2522.2522.3322.3322.3322.333345.5 45.5 45.5 100100100 100 22.2522.2522.2522.2522 22 22.5 22.5 22.33 22.33 22.33 22.33 22.33 66666666666666 32 33 16 22 27 3 8 12 11 10 9 7 6 4 2 1 13 14 34 35 15 17 18 19 20 21 23 24 25 26 28 29 30 31 36 11 10 9 8 14 13 12 91 91 676789178122.24262222706R 4825R 101.22171.73 22 222222 6628.89 38.17S SEMINARY STS SEMINARY STE TOMPKINS ST 9914104005 225 S SEMINARY ST 9914502019 9915235009 9915235017 224 S SEMINARY ST 9915235019 238 S SEMINARY ST 9915235020 240 S SEMINARY ST9915235025360 ETOMPKINS ST9915235026370 ETOMPKINS ST9915235028 280 S SEMINARY ST 9915235029 350 E TOMPKINS ST 9915235030 241 S KELLOGG ST 9915235032 330 E TOMPKINS ST 9915235033 363 E SOUTH ST 9915235034 260 S SEMINARY ST 9915235034 260 S SEMINARY ST Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community April 23, 2022 / Cadastral City of Galesburg 236-238-240 S Seminary St 40 0 40 80 12020 Feet 236-238-240 S Seminary St Community Development Department Operating Under Council-Manager Government Since 1957 Demolition PROPOSAL FOR: REGARDING: DATE: City of Galesburg Seminary Street Demolitions 236-240 S Seminary Street, Galesburg, Illinois 61401 April 13, 2022 PROJECT UNDERSTANDING City of Galesburg (Client) has requested that Klingner & Associates, P.C. (Klingner) provide a proposal for architectural services associated with the demolition of three buildings located on South Seminary Street. The first building is located at 240 South Seminary Street (old Midwest Uniform Supply) and the two buildings north (238 & 236 South Seminary Street) are to be included in the overall demolition. There is a building (224 South Seminary Street) that share a party wall with 236 South Seminary Street which is to remain. All three buildings to be demolished are masonry exterior wall bearing construction. The two south buildings (238 & 240 South Seminary Street) are two-story structures while the north building (236 South Seminary Street) to be demolished is a one-story structure. Klingner’s Scope of Services will be for land surveying and architectural services as indicated below. At this time, we are not aware of any asbestos containing materials in the building. Asbestos testing and report will be provided under current agreement with the Client. Under the current agreement, sampling and testing will be performed for the three buildings and a report will be generated injunction with the testing. If samples test positive for asbestos, Klingner can provide asbestos abatement design services as an additional service. It is understood that the Client will be handling the demolition plan/specifications and will not need bidding assistance for this project. Klingner has provided the optional Scope of Service for Construction Documents should the City decide to include that option. Klingner will be providing architectural services for repairing the 224 South Seminary Street building that is to remain as the building to the south share a party wall with the 236 South Seminary Street building in which both buildings bear structurally on the party wall. When the south building is demolished, the floor and roof structure will be removed and voids in the party wall will need to be infilled. Infill/repair documentation will be provided to the Client in which the Client can add to their demolition specifications to be given to the Demolition Contractor. We will also provide an optional design service for providing a design finish for the south side of the 224 South Seminary Street building, if selected by the Client. Construction observation services may be provided on an hourly basis as requested by the Client. The Scope of Services will be provided in accordance with the Klingner & Associates, P.C. attached General Terms and Conditions. I. SCOPE OF SERVICES a.Land Surveying Services Services during this project include: i.Perform courthouse and office research to obtain recorded plats, deeds , and other documents necessary to perform boundary survey. ii.Search existing monumentation marking lot corner, if any. iii.Review recorded documents and perform office calculations to determine property boundary. Proposal for City of Galesburg – Seminary Street Demolitions April 13, 2022 Page | 2 iv.Survey and determine location of south party wall of 224 South Seminary Street. v.Set iron pins marking the south party wall line of the south party wall line of the south boundary line of 224 South Seminary Street, if accessible. vi.The City of Galesburg will be responsible for: 1.Notifying property owners that surveyors will be in the area and possibly on roof tops. 2.Arrange access for the surveyors into the buildings and on the roof tops. 3.Record Plat of Survey at the Knox County Courthouse. vii.Exclusions: 1.Full boundary survey for each parcel (9915235020, 9915235019, 9915235018, 9915235017). 2.Setting iron pins marking property corners of each parcel (9915235020, 9915235019, 9915235018, 9915235017). b.Architectural Services Deliverables during this project include: i.Provide optional Construction Documents and Specifications: 1.Site visit to obtain field measurements of the main walls of the buildings and the south party wall of the 224 South Seminary Street. 2.Create building drawing plans. 3.Design and detail tie-back anchors for the party wall between 236 South Seminary Street and 224 South Seminary Street buildings. 4.Show limits of brick removal for the common wall above 224 South Seminary Street. 5.Provide demolition specifications in Project Manual format which include: a.Front end specifications (including input from the City of Galesburg). b.Technical demolition specifications. c.Asbestos removal specifications (provided under current asbestos testing agreement with the City of Galesburg). 6.Attend one (1) meeting with City of Galesburg to review docum ents prior to proceeding with bidding. 7.Exclusions: a.Making exploratory openings in any part of the existing building construction. If required, this will be provided by a separate contractor as an additional service. ii.Provide wall infill/repair documentation to the south wall of the 224 South Seminary Street building. iii.Provide optional design finish for the exposed south wall of the 224 South Seminary Street building. Anticipated finish to be cementitious stucco coating. iv.Provide optional Bidding services: 1.Attend one (1) pre-bid meeting and provide meeting minutes. 2.Respond to Contractor bid questions with addendums. Proposal for City of Galesburg – Seminary Street Demolitions April 13, 2022 Page | 3 3.Analyze bids and provide recommendation to Owner. 4.Provide Owner-Contractor agreement in the form of AIA 101-2017 Standard Form of Agreement between Owner and Contractor. v.Provide Construction Administration services as requested by the Client: 1.Attend site visits during construction and provide site visit report. Number of site visits to be determined by the Client. Assumed two (2) site visits are necessary. 2.Review Contractor shop drawings. 3.Review and respond to Contractor request for information. 4.Attend one (1) site visit at the time of Contractor Substantial Completion. Provide a written punch list and AIA G704 Certificate of Substantial Completion. 5.Review Contractor applications for payment and waivers of lien. II.COMPENSATION Compensation shall be based on the following breakdown, plus all “Reimbursable Expenses” listed on the attached Reimbursable Expense Itemization. Payments shall be made in accordance with the Klingner & Associates, P.C.’s General Terms and Conditions. These fees are generated in relation to the Scope of Services herein. Land Surveying Services: •Plats of Survey - Lump Sum Fee $ 7,000.00 Architectural Services: •Wall Infill/Repair Documentation – Lump Sum Fee $ 3,500.00 •Optional Construction Documents and Specifications - Lump Sum $ 10,000.00______ •Optional Design Finish – Lump Sum Fee $ 1,500.00______ •Optional Bidding Services – Lump Sum Fee $ 3,000.00______ •Construction Observation – Hourly w/ Estimate $ 152/hour $ 5,000.00______ (Please indicate if optional Scope of Services are accepted with initials) III.AVAILABLE SERVICES i.The following Available Services are not included in the above Scope of Services herein, but can be provided upon request and as mutually agreed upon. 1.Anything not listed as included above. 2.Meetings or site visits other than those mentioned in the Scope of Services herein. 3.Special structural inspections. Proposal for City of Galesburg – Seminary Street Demolitions April 13, 2022 Page | 4 IV.APPROVAL All work will be performed in accordance with the Klingner & Associates, P.C.’s General Terms and Conditions attached or as mutually modified. The return of a signed copy of this Agreement to Klingner will signify acceptance of this proposal and initiation of our services. 4/13/2022 Cody N. Basham, AIA Licensed Architect Klingner & Associates, P.C. Date City of Galesburg Date General Terms & Conditions Page 1 of 2 Revised 01/06/2022 GENERAL TERMS AND CONDITIONS DEFINITIONS: The term Client shall be herein interpreted as the person, corporation, or public entity to which this contract is made. The term E/A/S is any division of Klingner & Associates, P.C. providing the professional Engineering, Architectural, or Surveying services. SCOPE OF SERVICES: Services are limited to those specifically listed; they do not include others not set forth or not listed which are expressly excluded from the scope of the E/A/S's services unless separately provided in writing, including but not limited to special inspections and structural tests as defined in Sections 1701 through 1715 of the International Building Code (IBC). The E/A/S assumes no responsibility to perform or provide any services not specifically listed. STANDARD OF PRACTICE: Services performed by the E/A/S under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this agreement, or in any report, opinion, document or otherwise. FIDUCIARY RESPONSIBILITY: The Client confirms that neither the E/A/S nor any of the E/A/S’s subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary responsibility shall be owed to the Client by the E/A/S or and of the E/A/S’s subconsultants or subcontractors as a consequence or the E/A/S’s entering into this Agreement with the Client. CHANGED CONDITIONS: This Agreement is based on conditions actually known by or disclosed to the E/A/S. If other conditions not originally known or disclosed become known or disclosed, the E/A/S may require a renegotiation of appropriate portions of this Agreement (e.g., compensation or scope of service). INFORMATION PROVIDED BY OTHERS: The Client shall furnish and grant permission to use, at the Client's expense, all information, requirements, reports, data, surveys and instructions as defined in the Scope of Services of this Agreement. The E/A/S may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof without independent verifications or investigation. UNAUTHORIZED CHANGES: In the event the Client, the Client's contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other construction documents prepared by the E/A/S without obtaining the E/A/S's prior written consent, the Client shall assume full responsibility for the results or consequences of such changes. Therefore the Client waives any claim against the E/A/S and releases the E/A/S from any liability arising directly or indirectly from such unapproved changes whether or not known by the E/A/S. CHANGE ORDERS: The Client agrees not to make any claim directly or indirectly against the E/A/S on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the costs of such approved Covered Change Orders exceed fifteen percent (15%) of Construction Cost, and then only for an amount in excess of such percentage. For purposes of this paragraph, the cost of Covered Change Orders will not include any costs that Client would have incurred if the Covered Change Order work had been included originally without any imprecision, incompleteness, error, omission, ambiguity, or inconsistency in the Contract Documents and without any other error or omission of the E/A/S related thereto. BETTERMENT : If, due to the E/A/S's negligence, a required item or component of the Project is omitted from the E/A/S's construction documents, the E/A/S shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the E/A/S be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. COMPENSATION METHODS: The “Lump Sum” method includes compensation for the E/A/S’s services and services of outside the E/A/S’s, if any. Appropriate amounts will be incorporated in the Lump Sum to account for labor, overhead, profit and may or may not include Reimbursable Expenses. The “Standard Hourly Rate” method is an amount equal to the cumulative hours charged per each classification of employee, times a current Standard Hourly Rate (revised annually on July 1st) for each applicable billing classification for all services performed on a Specific Project, plus Reimbursable Expenses and outside the E/A/S charges, if any. The “Payroll Cost Times Multiplier” method is an amount equal to the cumulative hours charged per each classification of employee, times a specified multiplier of the employee’s payroll cost. The “Payroll Cost” is defined as the salary and wage of an employee plus the cost of customary and statutory benefits including, but not necessarily limited to, social security contributions, unemployment, health, sick leave, vacation, workers' compensation, incentive and holiday pay applicable thereto. "Reimbursable Expenses" means the actual expenses incurred directly or indirectly in connection with the work including but not limited to the following: transportation and subsistence, telephone and media expenses, reproduction or printing, computer time, and outside the E/A/Ss. PAYMENT: The E/A/S may invoice for its services and expenses monthly, based on the proportion of the actual work completed at the time of invoicing. Payment of invoice is due within fifteen (15) calendar days from the date invoiced. If not paid within thirty (30) calendar days, the Client agrees to additionally pay interest at the rate of one percent (1%) per month on the unpaid balance, or the maximum rate of interest permitted by law, whichever is less. If Client chooses to make payment by credit card, a five percent (5%) fee will be added to the invoice amount. In addition, the Client agrees to pay attorney fees, cost and collection expenses if incurred by the E/A/S to obtain payment. If payment request is passed on to a collection agency, the Client agrees to pay the invoice amount and accrued interest, plus the fee of the collection agency. Any claim for payment will be brought in Adams County, Illinois. RISK ALLOCATION: The E/A/S’s liability to the Client for injury or damage to persons or property arising out of work performed for the Client and for which liability may be found to rest upon the E/A/S, other than for professional errors, omissions or negligence will be limited to the E/A/S’s general liability insurance coverage of $1,000,000.00. LIMITATION OF LIABILITY: For any damage on account of professional errors, omissions or negligence will be limited to $100,000.00 or the fee, whichever is less. In no event shall the E/A/S be liable for incidental or consequential damages. This provision is separable from the remainder of this agreement to the extent inconsistent with law. CONSTRUCTION CONTINGENCY: Client recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by the E/A/S or in the other professional services performed or furnished by the E/A/S under this Agreement (“Covered Change Orders”). Accordingly, Client agrees to budget a minimum of five percent (5%) of the total client’s construction contractor’s bid amount(s) for contingencies. DEFECTS IN SERVICE: The Client shall immediately report to the E/A/S any defects or suspected defects in the E/A/S's services of which the Client becomes or should have become aware and allow the E/A/S to take measures to minimize the consequences of such a defect. Failure by the Client to notify the E/A/S shall relieve the E/A/S of the costs of remedying the defects claimed above the sum such remedy would have cost had prompt notification been given when such defects were or should have been first discovered. General Terms & Conditions Page 2 of 2 Revised 01/06/2022 ILLINOIS REVISED STATUTES COMPLIANCE: The Consultant and he/she and his/her principals have not been barred from signing this Agreement as a result of a violation of Sections 33E-3 and 33E-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes). TIME OF COMPLETION: The E/A/S will use its best efforts to complete the work by the date indicated in the schedule, but the E/A/S shall incur no liability due to any delay for any reason and the Client’s obligation to pay fees and expenses shall not be affected by any delay. In addition, if any delay increases the cost or time required by the E/A/S to perform its services in an orderly, professional and efficient manner, the E/A/S shall be entitled to a reasonable and equitable adjustment in schedule and/or compensation. OWNERSHIP OF DRAWINGS AND ELECTRONIC INFORMATION: Drawings, tracings, plats, specifications, CADD files, electronic information, and other products produced by the E/A/S may be used in connection with the Client’s presently proposed project, but shall otherwise be the E/A/S’s property and their use for any other project is not authorized. The Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the E/A/S from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney’s fees, arising out of or in any way connected with modification, translation, misinterpretation, misuse, or reuse by the Client or others of the machine readable information and data or other electronic data which may be provided by the E/A/S under this Agreement. Contract Documents include both the sealed drawings and the electronic files. If there is a conflict between the two, the sealed drawings will govern. ACCEPTANCE PERIOD: CADD files shall have an acceptance period of 90 days. During this time, the Client can examine the electronic files and verify their correctness. The E/A/S will remedy any errors discovered in the files during this period. Once the acceptance period ends, the Client has accepted the files and takes responsibility for their ongoing maintenance. OPINIONS OF PROBABLE COST: In providing opinions of probable cost, the Client understands that the E/A/S has no control over contractor’s costs or the price of contractor’s labor, equipment or materials, or over the Contractor’s method of pricing, and that the opinions of probable cost provided herein are to be made on the basis of the E/A/S’s qualifications and experience. The E/A/S makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. HAZARDOUS ENVIRONMENTAL CONDITIONS: Unless expressly stated in writing, the E/A/S does not provide assessments of the existence or presence of any hazardous or other environmental conditions or environmental contaminants or materials (“Hazardous Environmental Conditions”). Client shall inform the E/A/S of any and all known Hazardous Environmental Conditions before services are provided involving or affecting them. If unknown Hazardous Environmental Conditions are encountered, the E/A/S will notify the Client and, as appropriate, government officials of them. The E/A/S may without liability or reduction or delay of compensation due suspend services on the affected portion of the project until Client takes appropriate action to abate, remediate, or remove the Hazardous Environmental Condition. The E/A/S shall not be considered an “arranger”, “operator”, “generator”, “transporter,” “owner,” or “responsible party” of or with respect to contaminants, materials, or substances: assumes no liability for correction of any Hazardous Environmental Condition; and shall be entitled to payment or reimbursement of expenses, costs, or damages occasioned by undisclosed Hazardous Environmental Conditions. CONSTRUCTION SERVICES: Should the Client provide construction observation or review with either the Client’s representatives or a third party, the E/A/S’s services under this Agreement will be considered to be completed upon completion and submittal of the Final Design or the services outlined in the Scope of Work. It is understood and agreed that if the E/A/S’s Services under this Agreement do not include project observation, or review of the Contractor’s performance, or other construction services, and that such services will be provided by the Client, then the Client assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the E/A/S that may be in any way connected thereto. AUTHORITY AND RESPONSIBILITY: The E/A/S (1) does not guarantee the actual bids the Client will receive or the work of any Contractor or Subcontractor, (2) has no authority to stop work by any Contractor or Subcontractor, (3) has no supervision or control as to the work or persons doing the work, (4) does not have charge of the work, (5) is not responsible for safety in, on, or about the job site, and (6) does not have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms or other work aids. The E/A/S neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to finish and perform its work in accordance with the Contract Documents. TERMINATION: This agreement may be terminated by either party on written notice. If terminated by either party (with or without cause), the Client agrees to pay for all services and reimburse all expenses performed or incurred to and including the date written notice of termination is received by either party. DISPUTE RESOLUTION: Any claims or disputes made during design, construction or post-construction between the Client and the E/A/S shall be submitted to non-binding mediation. The Client and the E/A/S agree to include a similar mediation agreement with all Contractors, Subcontractors, Sub consultants, Suppliers and Fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. BINDING EFFECT: This is the entire agreement. It may not be amended except in writing. It shall be binding on both the Client and the E/A/S and their legal representatives, executors, administrators, successors and assigns. INDEMNIFICATION: The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the E/A/S, his or her officers, directors, employees, agents and sub consultants from and against said damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the E/A/S’s providing emergency services under this Agreement, excepting only those damages, liabilities or costs arising directly from the sole negligence or willful misconduct of the E/A/S. FAST TRACK/DESIGN-BUILD AND CONSTRUCTION: In consideration of the benefits to the Client of employing the “fast track” process (in which some of the E/A/S’s design services overlap the construction work and/or are out of sequence with the traditional project performance or delivery method), and in recognition of the inherent risks of fast tracking to the E/A/S which Client accepts, the Client waives all claims against the E/A/S for design changes and modification of portions of the services already constructed due to the Client's decision to employ the fast track process. The Client further agrees to compensate the E/A/S for all Additional Services required to modify, correct, or adjust the Construction Documents and coordinate them in order to meet the Client's Project requirements because of the Client's knowing decision to construct the Project in a fast track manner. RIGHT OF ENTRY: Client shall provide for E/A/S’s right to enter property owned by Client and/or others in order for E/A/S to fulfill the scope of service for this Project. Client understands that use of exploration equipment may unavoidably cause damage, the correction of which is not the responsibility of E/A/S. BURIED UTILITIES: Client shall be responsible for designating the location of all utility lines and subterranean structures within the property lines of the Project. Client agrees to waive any claim against the E/A/S and to defend, indemnify and hold harmless for any claim or liability for injury or loss arising from the E/A/S or other persons encountering utilities or other manmade objects that were not called to the E/A/S’s attention or which were not properly located on the plans furnished to the E/A/S. Client further agrees to compensate the E/A/S for any time or expenses incurred by the E/A/S in defense of any such claim, in accordance with the E/A/S’s standard hourly per diem fee schedule and expense reimbursement policy. Reimb Exp effective 01-01-22 Per diem REIMBURSABLE EXPENSE ITEMIZATION EFFECTIVE JANUARY 1, 2022 THROUGH JUNE 30, 2022 PRINTING REPORTS, MANUALS, SPECIFICATIONS COPIES B & W Color 8 ½" x 11", including Collating & Binding ................................................................. $ 0.17 Each $ 0.50 Each 8 ½" x 14", including Collating & Binding ................................................................. $ 0.21 Each $ 0.75 Each 11" x 17", including Collating & Binding................................................................... $ 0.28 Each $ 1.15 Each PLAN SHEETS (Based On Square Footage Of Media Used) B & W Color Bond ....................................................................................................................... $ 0.55/sq ft 2.00/sq ft Vellum .................................................................................................................... $ 0.65/sq ft 2.40/sq ft Mylar ...................................................................................................................... $ 0.80/sq ft 3.00/sq ft COMPUTER PLOTTING Labor cost plus media ($40.00 minimum charge for non-project related plotting) GENERAL ITEMS Mileage (may adjust due to fuel fluctuations) ................................................................................................ $ 0.585 per Mile Reproduction (i.e. Prints, Copies, Plans, etc) ................................................................................................ At Cost + 15% Computer Aided Design/Drafting .................................................................................................................. $ 15.00 per Hour Long Distance & Cell Calls, Subsistence & Lodging ...................................................................................... At Cost Non-reusable Supplies ................................................................................................................................. At Cost + 15% Boat .............................................................................................................................................................. $ 220.00/Day ATV .............................................................................................................................................................. $ 73.00/Day ATV-Truck .................................................................................................................................................... $ 108.00/Day Digital CD Copies ......................................................................................................................................... $ 6.00 Ea + Labor SURVEY ITEMS Three Dimensional Scanning ...................................................................................................................................... $200.00/Hour Global Positioning & Robotic Survey Instrument ......................................................................................................... $29.00/Hour Drone (Imagery) ......................................................................................................................................................... $50.00/Hour Drone (Survey) ........................................................................................................................................................... $125.00/Hour Drone (Survey Software) ............................................................................................................................................ $225.00/Day Wood Lath .................................................................................................................................................................. $ 1.45 Each 2" x 2" or 1” x 2” Wood Hub ........................................................................................................................................ $ 1.45 Each Wood Paddle Stake .................................................................................................................................................... $ 1.70 Each Concrete Monument ................................................................................................................................................... $62.00 Each Wire Flag Marker ........................................................................................................................................................ $ 0.20 Each Iron Pipe Marker ......................................................................................................................................................... $13.50 Each Rebar Pin Marker ....................................................................................................................................................... $ 3.00 Each Fence Post ................................................................................................................................................................. $ 9.50 Each GPS Monuments ...................................................................................................................................................... At Cost Recorder, Filing Fees ................................................................................................................................................. At Cost ENVIRONMENTAL ITEMS Peristaltic Pump .......................................................................................................................................................... $85.00/Day Bailer .......................................................................................................................................................................... $10.00 Each PID Meter ................................................................................................................................................................... $90.00/Day pH Meter..................................................................................................................................................................... $11.00/Day Geoprobe .................................................................................................................................................................. $90.00/Hour Bentonite .................................................................................................................................................................... $18.00/Bag Sand ........................................................................................................................................................................... $11.00/Bag TESTING SERVICES Concrete Slump and Air Tests (ASTM C143 and ASTM C231) ............................................................................. At Labor Concrete Cylinder Molds............................................................................................................................................. $4.00 Each Concrete Cylinder Tests (ASTM C39, ASTM C617, and ASTM C31) ........................................................... $25.00/Test + Labor Concrete Cylinder Tests (ASTM C39, ASTM C617, and ASTM C31) ............. Cured but not tested ............. $16.00 Each + Labor Moisture vs Density (Standard ASTM D698) ............................................................................................................... $210.00 Each Atterberg Limits: (Plastic Limit, Liquid Limit & Plasticity Index - ASTM D4318) ........................................................... $89.00 Each Nuclear Density Tests in-Place (ASTM D2922, ASTM D2950, and ASTM D3017) ..................................... $21.00 Each + Labor ADDITIONAL SERVICES Specialty Consultants ................................................................................................................................................. Cost + 15% Laboratory Analysis .................................................................................................................................................... Cost + 15% Aerial Photography ..................................................................................................................................................... Cost + 15% Custom Reproductions ............................................................................................................................................... Cost + 15% ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Agreement for professional services for preparation of bid documents for an exterior and structural repair of the Hawthorne pool building. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, and Interim Director of Park and Recreation recommend approval of the agreement for professional services from Klingner and Associates, PC for the preparation of bid documents for an exterior and structural repair of the Hawthorne Pool building in the amount of $80,000. BACKGROUND: At the March 28, 2022 City Council work session, the consensus of the Council was to move forward with the repairs to the Hawthorne pool building as recommended by Klingner and Associates. For this phase of the project, the bid documents will include the repair of the following items: •Repair structural steel columns •Roof replacement •Steel roof truss and brace repair •Repair of masonry •Replace doors and windows •Concrete crack & spall repair In addition to preparing bid documents for the project, the scope of work also includes bidding assistance as well as construction administration which includes shop drawing review, periodic site visits, and final inspection. The total cost of the agreement is a lump sum of $80,000. BUDGET IMPACT: It is proposed for the cost of the professional services agreement and the repairs to be paid from ARPA funds which are in the Grant Fund (13). A budget adjustment will be required for this expense. SUPPORTING DOCUMENTS: 1.Klingner and Associates, P.C. Professional Service Agreement 22-4048 PROPOSAL FOR: City of Galesburg REGARDING: Hawthorne Pool – Exterior and Structural Repair Galesburg, IL DATE: April 12, 2022 PROJECT UNDERSTANDING City of Galesburg (Client) has requested that Klingner & Associates, P.C. (Klingner) provide a proposal for Construction Documents for an exterior and structural repair of the Hawthorne Pool building located at 2331 Veterans Drive in Galesburg, IL. The following Scope of Services is for renovating the existing structure and exterior of the building. The repairs include recommendations based on previous evaluations provided by Klingner and are comprised of masonry repairs and structural repairs. The masonry repairs will include 100% repoint of the existing masonry, selective brick replacement, new vertical control joints, concrete sill replacement, and lintel replacement. Structural repairs will include existing steel wide-flange column repair, roof truss and knee brace repair, and concrete foundation wall repair. The roof, exterior doors, and windows will also be replaced. Klingner’s Scope of Services will be for architectural services and structural engineering with the following phases: Construction Documents (CD), Bidding, and Construction Administration (CA). A full description of phases is included below. The scope of services will be provided in accordance with the Klingner & Associates, P.C. attached General Terms and Conditions. SCOPE OF SERVICES I.ARCHITECTURE i.Construction Documents (CD) The CDs will serve as the building permit, bid and construction set. Deliverables during this phase of work include: 1.Field verification of existing building in order to draft existing floor plan, building elevations, and roof plan. 2.Provide evaluation to generate Opinion of Probable Cost. 3.Coordination with structural engineer. 4.Coordination with a mason to safely uncover, from building interior, the existing concealed condition of column. 5.Prepare architectural building CDs including plans, elevations, details, and specifications as required for permit, bidding, and construction, including: a.Floor plan. b.Exterior elevations. c.Roof Plan d.Door schedule, door types, frame types, and associated details. e.Window types and associated details f.Miscellaneous details. 6.Exterior elevations will be provided to indicate exterior wall repairs. 7.Prepare specification documentation, including front end and technical specifications. 8.Submit ninety percent (90%) review plans to Owner for approval. 9.Make reasonable final adjustments and submit one hundred percent (100%) plans for permit review. City of Galesburg Galesburg, IL Proposal for Hawthorne Pool – Exterior and Structural Repair April 12, 2022 Page | 2 ii. Bidding 1. Prepare bid form. 2. Distribute bidding documents to bidders through an online plan room provided by Klingner. Hard copy bidding documents shall be paid for by the contractor(s). 3. Prepare the advertisement for bid. 4. Respond to bidder inquiries and issue addenda, if needed. 5. Attend bid opening and prepare bid tabulation and recommendation to the Owner regarding the potential award of a contract. iii. Construction Administration (CA) 1. Draft AIA contract between Owner and Contractor (AIA A101). 2. Attend one (1) pre-construction meeting and provide minutes. 3. Review submittals (product data) and shop drawings. 4. Perform observation of construction on site via eighteen (18) periodic site visits. 5. Review all Pay Applications and Waivers of Lien. 6. Final inspection to complete punch list. Provide Certificate of Substantial Completion for start of one-year warranty period. II. STRUCTURAL ENGINEERING i. Construction Documents (CD) 1. Visit site to obtain field measurements and evaluate potential repairs. 2. Design and detail repairs for the following: a. Deteriorated and pact rusted steel lintels b. Cutting vertical brick wall crack control joints c. Spalled and cracked concrete d. Deteriorated and rusted steel column bases e. Rusted steel roof trusses and knee braces 3. Technical Specifications 4. Provide structural repair plans that are signed and sealed by a licensed structural engineer in the state of Illinois. ii. Bidding 1. Respond to bidder inquiries and issue addenda, if needed. iii. Construction Administration (CA) 1. Review submittals (product data) and shop drawings. 2. Address Requests for Information (RFIs) 3. Three site visits by structural engineer during construction . III. CONSULTANT SERVICES Klingner does not anticipate the need to hire any subconsultants for this project. If agreements are requested to be held with a subconsultant and an agreement can be reached, Klingner will hold the subconsultant agreement for 1.10 times the cost of all subconsultant fees for the services being requested. City of Galesburg Galesburg, IL Proposal for Hawthorne Pool – Exterior and Structural Repair April 12, 2022 Page | 3 IV. SCHEDULE We plan to submit drawings and specifications for review at ninety percent (90%), and one hundred percent (100%) complete. The proposed submittal dates will be coordinated with the Owner at the time this agreement between Klingner and Owner is fully executed. V. COMPENSATION Compensation shall be based on a lump sum fee as per the following breakdown. Payments shall be made in accordance with the Klingner & Associates, P.C.’s General Terms and Conditions. These fees are generated in relation to the Scope of Services herein. Lump Sum Fee: Construction Documents $53,500 Bidding Phase $4,500 Construction Administration $22,000 $80,000 VI. INFORMATION TO BE PROVIDE TO KLINGNER & ASSOCIATES, P.C. i. Owner input and timely approval of review documents to maintain schedule. VII. REIMBURSABLE EXPENSES i. Reimbursable expenses will be charged according to the attached “Reimbursable Expense Itemization”. We do not anticipate any reimbursable expenses at this time. VIII. AVAILABLE SERVICES i. The following Available Services are not included in the above Scope of Services herein, but can be provided upon request and as mutually agreed upon. 1. Anything not specifically listed as included above. 2. Meetings or site visits other than those mentioned in the Scope of Services herein. 3. Construction material testing Services. 4. Special structural inspections. 5. Development of 3-D computer models for deliverables and use other than as a design tool during the design phase. 6. Multi-zone HVAC systems to add enhanced space temperature control. 7. Selection of phone/data system equipment. 8. Audio / Video system design. 9. Security / Surveillance camera system design. 10. Design revisions or out of sequence work initiated by the Owner after approvals. 11. Permit applications not listed in the above scope. 12. Coordination and representation with the City of Galesburg on permit issues not listed in the scope above. 13. Environmental services or construction worker provisions. City of Galesburg Galesburg, IL Proposal for Hawthorne Pool – Exterior and Structural Repair April 12, 2022 Page | 4 IX.APPROVAL All work will be performed in accordance with the Klingner & Associates, P.C.’s General Terms and Conditions attached or as mutually modified. The return of a signed copy of this Agreement to Klingner will signify acceptance of this proposal and initiation of our services. April 12, 2022 Mark C. Lee, P.E. Branch Manager Klingner & Associates, P.C. Date City of Galesburg Date General Terms & Conditions Page 1 of 2 Revised 01/06/2022 GENERAL TERMS AND CONDITIONS DEFINITIONS: The term Client shall be herein interpreted as the person, corporation, or public entity to which this contract is made. The term E/A/S is any division of Klingner & Associates, P.C. providing the professional Engineering, Architectural, or Surveying services. SCOPE OF SERVICES: Services are limited to those specifically listed; they do not include others not set forth or not listed which are expressly excluded from the scope of the E/A/S's services unless separately provided in writing, including but not limited to special inspections and structural tests as defined in Sections 1701 through 1715 of the International Building Code (IBC). The E/A/S assumes no responsibility to perform or provide any services not specifically listed. STANDARD OF PRACTICE: Services performed by the E/A/S under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this agreement, or in any report, opinion, document or otherwise. FIDUCIARY RESPONSIBILITY: The Client confirms that neither the E/A/S nor any of the E/A/S’s subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary responsibility shall be owed to the Client by the E/A/S or and of the E/A/S’s subconsultants or subcontractors as a consequence or the E/A/S’s entering into this Agreement with the Client. CHANGED CONDITIONS: This Agreement is based on conditions actually known by or disclosed to the E/A/S. If other conditions not originally known or disclosed become known or disclosed, the E/A/S may require a renegotiation of appropriate portions of this Agreement (e.g., compensation or scope of service). INFORMATION PROVIDED BY OTHERS: The Client shall furnish and grant permission to use, at the Client's expense, all information, requirements, reports, data, surveys and instructions as defined in the Scope of Services of this Agreement. The E/A/S may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof without independent verifications or investigation. UNAUTHORIZED CHANGES: In the event the Client, the Client's contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other construction documents prepared by the E/A/S without obtaining the E/A/S's prior written consent, the Client shall assume full responsibility for the results or consequences of such changes. Therefore the Client waives any claim against the E/A/S and releases the E/A/S from any liability arising directly or indirectly from such unapproved changes whether or not known by the E/A/S. CHANGE ORDERS: The Client agrees not to make any claim directly or indirectly against the E/A/S on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the costs of such approved Covered Change Orders exceed fifteen percent (15%) of Construction Cost, and then only for an amount in excess of such percentage. For purposes of this paragraph, the cost of Covered Change Orders will not include any costs that Client would have incurred if the Covered Change Order work had been included originally without any imprecision, incompleteness, error, omission, ambiguity, or inconsistency in the Contract Documents and without any other error or omission of the E/A/S related thereto. BETTERMENT : If, due to the E/A/S's negligence, a required item or component of the Project is omitted from the E/A/S's construction documents, the E/A/S shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the E/A/S be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. COMPENSATION METHODS: The “Lump Sum” method includes compensation for the E/A/S’s services and services of outside the E/A/S’s, if any. Appropriate amounts will be incorporated in the Lump Sum to account for labor, overhead, profit and may or may not include Reimbursable Expenses. The “Standard Hourly Rate” method is an amount equal to the cumulative hours charged per each classification of employee, times a current Standard Hourly Rate (revised annually on July 1st) for each applicable billing classification for all services performed on a Specific Project, plus Reimbursable Expenses and outside the E/A/S charges, if any. The “Payroll Cost Times Multiplier” method is an amount equal to the cumulative hours charged per each classification of employee, times a specified multiplier of the employee’s payroll cost. The “Payroll Cost” is defined as the salary and wage of an employee plus the cost of customary and statutory benefits including, but not necessarily limited to, social security contributions, unemployment, health, sick leave, vacation, workers' compensation, incentive and holiday pay applicable thereto. "Reimbursable Expenses" means the actual expenses incurred directly or indirectly in connection with the work including but not limited to the following: transportation and subsistence, telephone and media expenses, reproduction or printing, computer time, and outside the E/A/Ss. PAYMENT: The E/A/S may invoice for its services and expenses monthly, based on the proportion of the actual work completed at the time of invoicing. Payment of invoice is due within fifteen (15) calendar days from the date invoiced. If not paid within thirty (30) calendar days, the Client agrees to additionally pay interest at the rate of one percent (1%) per month on the unpaid balance, or the maximum rate of interest permitted by law, whichever is less. If Client chooses to make payment by credit card, a five percent (5%) fee will be added to the invoice amount. In addition, the Client agrees to pay attorney fees, cost and collection expenses if incurred by the E/A/S to obtain payment. If payment request is passed on to a collection agency, the Client agrees to pay the invoice amount and accrued interest, plus the fee of the collection agency. Any claim for payment will be brought in Adams County, Illinois. RISK ALLOCATION: The E/A/S’s liability to the Client for injury or damage to persons or property arising out of work performed for the Client and for which liability may be found to rest upon the E/A/S, other than for professional errors, omissions or negligence will be limited to the E/A/S’s general liability insurance coverage of $1,000,000.00. LIMITATION OF LIABILITY: For any damage on account of professional errors, omissions or negligence will be limited to $100,000.00 or the fee, whichever is less. In no event shall the E/A/S be liable for incidental or consequential damages. This provision is separable from the remainder of this agreement to the extent inconsistent with law. CONSTRUCTION CONTINGENCY: Client recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by the E/A/S or in the other professional services performed or furnished by the E/A/S under this Agreement (“Covered Change Orders”). Accordingly, Client agrees to budget a minimum of five percent (5%) of the total client’s construction contractor’s bid amount(s) for contingencies. DEFECTS IN SERVICE: The Client shall immediately report to the E/A/S any defects or suspected defects in the E/A/S's services of which the Client becomes or should have become aware and allow the E/A/S to take measures to minimize the consequences of such a defect. Failure by the Client to notify the E/A/S shall relieve the E/A/S of the costs of remedying the defects claimed above the sum such remedy would have cost had prompt notification been given when such defects were or should have been first discovered. General Terms & Conditions Page 2 of 2 Revised 01/06/2022 ILLINOIS REVISED STATUTES COMPLIANCE: The Consultant and he/she and his/her principals have not been barred from signing this Agreement as a result of a violation of Sections 33E-3 and 33E-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes). TIME OF COMPLETION: The E/A/S will use its best efforts to complete the work by the date indicated in the schedule, but the E/A/S shall incur no liability due to any delay for any reason and the Client’s obligation to pay fees and expenses shall not be affected by any delay. In addition, if any delay increases the cost or time required by the E/A/S to perform its services in an orderly, professional and efficient manner, the E/A/S shall be entitled to a reasonable and equitable adjustment in schedule and/or compensation. OWNERSHIP OF DRAWINGS AND ELECTRONIC INFORMATION: Drawings, tracings, plats, specifications, CADD files, electronic information, and other products produced by the E/A/S may be used in connection with the Client’s presently proposed project, but shall otherwise be the E/A/S’s property and their use for any other project is not authorized. The Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the E/A/S from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney’s fees, arising out of or in any way connected with modification, translation, misinterpretation, misuse, or reuse by the Client or others of the machine readable information and data or other electronic data which may be provided by the E/A/S under this Agreement. Contract Documents include both the sealed drawings and the electronic files. If there is a conflict between the two, the sealed drawings will govern. ACCEPTANCE PERIOD: CADD files shall have an acceptance period of 90 days. During this time, the Client can examine the electronic files and verify their correctness. The E/A/S will remedy any errors discovered in the files during this period. Once the acceptance period ends, the Client has accepted the files and takes responsibility for their ongoing maintenance. OPINIONS OF PROBABLE COST: In providing opinions of probable cost, the Client understands that the E/A/S has no control over contractor’s costs or the price of contractor’s labor, equipment or materials, or over the Contractor’s method of pricing, and that the opinions of probable cost provided herein are to be made on the basis of the E/A/S’s qualifications and experience. The E/A/S makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. HAZARDOUS ENVIRONMENTAL CONDITIONS: Unless expressly stated in writing, the E/A/S does not provide assessments of the existence or presence of any hazardous or other environmental conditions or environmental contaminants or materials (“Hazardous Environmental Conditions”). Client shall inform the E/A/S of any and all known Hazardous Environmental Conditions before services are provided involving or affecting them. If unknown Hazardous Environmental Conditions are encountered, the E/A/S will notify the Client and, as appropriate, government officials of them. The E/A/S may without liability or reduction or delay of compensation due suspend services on the affected portion of the project until Client takes appropriate action to abate, remediate, or remove the Hazardous Environmental Condition. The E/A/S shall not be considered an “arranger”, “operator”, “generator”, “transporter,” “owner,” or “responsible party” of or with respect to contaminants, materials, or substances: assumes no liability for correction of any Hazardous Environmental Condition; and shall be entitled to payment or reimbursement of expenses, costs, or damages occasioned by undisclosed Hazardous Environmental Conditions. CONSTRUCTION SERVICES: Should the Client provide construction observation or review with either the Client’s representatives or a third party, the E/A/S’s services under this Agreement will be considered to be completed upon completion and submittal of the Final Design or the services outlined in the Scope of Work. It is understood and agreed that if the E/A/S’s Services under this Agreement do not include project observation, or review of the Contractor’s performance, or other construction services, and that such services will be provided by the Client, then the Client assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the E/A/S that may be in any way connected thereto. AUTHORITY AND RESPONSIBILITY: The E/A/S (1) does not guarantee the actual bids the Client will receive or the work of any Contractor or Subcontractor, (2) has no authority to stop work by any Contractor or Subcontractor, (3) has no supervision or control as to the work or persons doing the work, (4) does not have charge of the work, (5) is not responsible for safety in, on, or about the job site, and (6) does not have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms or other work aids. The E/A/S neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to finish and perform its work in accordance with the Contract Documents. TERMINATION: This agreement may be terminated by either party on written notice. If terminated by either party (with or without cause), the Client agrees to pay for all services and reimburse all expenses performed or incurred to and including the date written notice of termination is received by either party. DISPUTE RESOLUTION: Any claims or disputes made during design, construction or post-construction between the Client and the E/A/S shall be submitted to non-binding mediation. The Client and the E/A/S agree to include a similar mediation agreement with all Contractors, Subcontractors, Sub consultants, Suppliers and Fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. BINDING EFFECT: This is the entire agreement. It may not be amended except in writing. It shall be binding on both the Client and the E/A/S and their legal representatives, executors, administrators, successors and assigns. INDEMNIFICATION: The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the E/A/S, his or her officers, directors, employees, agents and sub consultants from and against said damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the E/A/S’s providing emergency services under this Agreement, excepting only those damages, liabilities or costs arising directly from the sole negligence or willful misconduct of the E/A/S. FAST TRACK/DESIGN-BUILD AND CONSTRUCTION: In consideration of the benefits to the Client of employing the “fast track” process (in which some of the E/A/S’s design services overlap the construction work and/or are out of sequence with the traditional project performance or delivery method), and in recognition of the inherent risks of fast tracking to the E/A/S which Client accepts, the Client waives all claims against the E/A/S for design changes and modification of portions of the services already constructed due to the Client's decision to employ the fast track process. The Client further agrees to compensate the E/A/S for all Additional Services required to modify, correct, or adjust the Construction Documents and coordinate them in order to meet the Client's Project requirements because of the Client's knowing decision to construct the Project in a fast track manner. RIGHT OF ENTRY: Client shall provide for E/A/S’s right to enter property owned by Client and/or others in order for E/A/S to fulfill the scope of service for this Project. Client understands that use of exploration equipment may unavoidably cause damage, the correction of which is not the responsibility of E/A/S. BURIED UTILITIES: Client shall be responsible for designating the location of all utility lines and subterranean structures within the property lines of the Project. Client agrees to waive any claim against the E/A/S and to defend, indemnify and hold harmless for any claim or liability for injury or loss arising from the E/A/S or other persons encountering utilities or other manmade objects that were not called to the E/A/S’s attention or which were not properly located on the plans furnished to the E/A/S. Client further agrees to compensate the E/A/S for any time or expenses incurred by the E/A/S in defense of any such claim, in accordance with the E/A/S’s standard hourly per diem fee schedule and expense reimbursement policy. Reimb Exp effective 01-01-22 Per diem REIMBURSABLE EXPENSE ITEMIZATION EFFECTIVE JANUARY 1, 2022 THROUGH JUNE 30, 2022 PRINTING REPORTS, MANUALS, SPECIFICATIONS COPIES B & W Color 8 ½" x 11", including Collating & Binding ................................................................. $ 0.17 Each $ 0.50 Each 8 ½" x 14", including Collating & Binding ................................................................. $ 0.21 Each $ 0.75 Each 11" x 17", including Collating & Binding................................................................... $ 0.28 Each $ 1.15 Each PLAN SHEETS (Based On Square Footage Of Media Used) B & W Color Bond ....................................................................................................................... $ 0.55/sq ft 2.00/sq ft Vellum .................................................................................................................... $ 0.65/sq ft 2.40/sq ft Mylar ...................................................................................................................... $ 0.80/sq ft 3.00/sq ft COMPUTER PLOTTING Labor cost plus media ($40.00 minimum charge for non-project related plotting) GENERAL ITEMS Mileage (may adjust due to fuel fluctuations) ................................................................................................ $ 0.585 per Mile Reproduction (i.e. Prints, Copies, Plans, etc) ................................................................................................ At Cost + 15% Computer Aided Design/Drafting .................................................................................................................. $ 15.00 per Hour Long Distance & Cell Calls, Subsistence & Lodging ...................................................................................... At Cost Non-reusable Supplies ................................................................................................................................. At Cost + 15% Boat .............................................................................................................................................................. $ 220.00/Day ATV .............................................................................................................................................................. $ 73.00/Day ATV-Truck .................................................................................................................................................... $ 108.00/Day Digital CD Copies ......................................................................................................................................... $ 6.00 Ea + Labor SURVEY ITEMS Three Dimensional Scanning ...................................................................................................................................... $200.00/Hour Global Positioning & Robotic Survey Instrument ......................................................................................................... $29.00/Hour Drone (Imagery) ......................................................................................................................................................... $50.00/Hour Drone (Survey) ........................................................................................................................................................... $125.00/Hour Drone (Survey Software) ............................................................................................................................................ $225.00/Day Wood Lath .................................................................................................................................................................. $ 1.45 Each 2" x 2" or 1” x 2” Wood Hub ........................................................................................................................................ $ 1.45 Each Wood Paddle Stake .................................................................................................................................................... $ 1.70 Each Concrete Monument ................................................................................................................................................... $62.00 Each Wire Flag Marker ........................................................................................................................................................ $ 0.20 Each Iron Pipe Marker ......................................................................................................................................................... $13.50 Each Rebar Pin Marker ....................................................................................................................................................... $ 3.00 Each Fence Post ................................................................................................................................................................. $ 9.50 Each GPS Monuments ...................................................................................................................................................... At Cost Recorder, Filing Fees ................................................................................................................................................. At Cost ENVIRONMENTAL ITEMS Peristaltic Pump .......................................................................................................................................................... $85.00/Day Bailer .......................................................................................................................................................................... $10.00 Each PID Meter ................................................................................................................................................................... $90.00/Day pH Meter..................................................................................................................................................................... $11.00/Day Geoprobe .................................................................................................................................................................. $90.00/Hour Bentonite .................................................................................................................................................................... $18.00/Bag Sand ........................................................................................................................................................................... $11.00/Bag TESTING SERVICES Concrete Slump and Air Tests (ASTM C143 and ASTM C231) ............................................................................. At Labor Concrete Cylinder Molds............................................................................................................................................. $4.00 Each Concrete Cylinder Tests (ASTM C39, ASTM C617, and ASTM C31) ........................................................... $25.00/Test + Labor Concrete Cylinder Tests (ASTM C39, ASTM C617, and ASTM C31) ............. Cured but not tested ............. $16.00 Each + Labor Moisture vs Density (Standard ASTM D698) ............................................................................................................... $210.00 Each Atterberg Limits: (Plastic Limit, Liquid Limit & Plasticity Index - ASTM D4318) ........................................................... $89.00 Each Nuclear Density Tests in-Place (ASTM D2922, ASTM D2950, and ASTM D3017) ..................................... $21.00 Each + Labor ADDITIONAL SERVICES Specialty Consultants ................................................................................................................................................. Cost + 15% Laboratory Analysis .................................................................................................................................................... Cost + 15% Aerial Photography ..................................................................................................................................................... Cost + 15% Custom Reproductions ............................................................................................................................................... Cost + 15% ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER MAY 2, 2022 AGENDA ITEM: Agreement for professional services agreement for Community Center Master planning. SUMMARY RECOMMENDATION: The City Manager, Interim Director of Park and Recreation, Director of Community Development, and Director of Public Works recommend approval of the agreement for professional services from Farnsworth Group for development of a master plan for a future Community Recreation Center for the amount of $19,800. BACKGROUND: Farnsworth Group has experience in developing recreational/community centers. The goal of the master planning study is to establish, through a consensus process, a program of spaces and activities the proposed facility needs to accommodate. Specifically, the scope of this agreement includes: •Meet with the Mayor and Council members to review programming needs and establish priorities. This can be done as a group exercise or individually •Meet with City staff to review program needs •Identify the space and other amenities needed for the agreed upon program needs •Facilitate a tour of two previously completed projects with the Council (Pontiac IL and/or Sycamore, IL) •Based on the program needs and space requirements, evaluate the existing Churchill building for housing the programs. The evaluation will include; identify spaces for the programs, identifying unused space, identify programs that may not fit into the existing building, develop a conceptual design for the facility, develop an opinion of probable cost, and prepare a conceptual rendering of the building showing the new exterior elements and signage. •Based on the program needs and space requirements, evaluate constructing a new building to meet those needs instead of renovating Churchill school. This will include an opinion of probable cost. BUDGET IMPACT: It is proposed for the cost of the professional services agreement to be paid from the General Fund, 160 - 59500. SUPPORTING DOCUMENTS: 1.Farnsworth Group Professional Service Agreement 22-4049 City of Galesburg Community Center Planning Proposal April 2022 Proposal Galesburg - Community Center Master Planning FARNSWORTH GROUP / 2 April 26, 2022 Wayne E. Carl, P.E. Director of Public Works City of Galesburg 55 W Thompkins St. Galesburg, IL 61401 Re: Community Center Master planning Wayne Farnsworth Group is to present this proposal is for the development of a master plan for a future Community Recreation Center in Galesburg. The project is further defined in the following scope of services and description of the project as we understand it, based upon our previous meeting and discussions. Project Description Project Goals Establish, through a consensus process, a program of spaces and activities the proposed facility needs accommodate. Determine whether the proposed Program can be accommodated at the Churchill School or if an alternative site would better serve the project. The study will: compare the needs established in the program with the spaces available in the existing building; Identify any compromises forced on the program by the existing structure; Compare the cost of renovating the existing building and bringing it into compliance with current code, with the cost of building a new facility built specifically to meet the programming needs. Develop a visual concept for the Community Center if it is to be located at Churchill school. Concept will include façade elements to provide a new public experience at the exterior. Project Contact Information FARNSWORTH GROUP contacts for this project will be: Principal in Charge Caius Jennison Office 309.689.9888 cjennison@f-w.com Galesburg - Community Center Master Planning FARNSWORTH GROUP / 3 Proposed Scope of Services · Architecture Scope Programming Develop a list of spaces and activities the facility will accommodate. Meetings (in Person or electronically) Meet with City staff to review program needs developed to date Meet with Mayor and City Council members to review program and establish priorities and identify consensus. We can do this as a consensus building group exercise – or individually to establish priorities that we then share with Identify required facilities for each activity – space required and other amenities. Facilitate tour of previously completed projects with interested City Council members (i.e. Pontiac, IL and/or Sycamore, IL) Test fit – Churchill School Review existing drawings and verify the size of the existing spaces. Prepare a conceptual design for the facility using the existing building Identify spaces with redundancy or that are oversized. Identify program elements that do not fit well with the existing structure Identify portions of the building that might be unused. Review code requirements for potential issues triggered by the proposed changes in facility use. Required fire separation, exits and egress distances and accessibility, no. of restrooms etc. Develop an opinion of probable cost for the project at this location. Visioning - Prepare a conceptual rendering on the building indicating new exterior elements and signage New Building concept for initial opinion of cost Based on the areas and amenities identified in the program develop an opinion of probable cost to construct a new building to meet those needs. An allowance for general site development will be included but actual site development costs will vary with existing conditions, utility connections etc. And can only be determined when a site has been selected. Galesburg - Community Center Master Planning FARNSWORTH GROUP / 4 Deliverables: Illustrated written report in hard copy and pdf formats. Graphics formatted for public display. Future Services The following services are available from our firm but not included in this proposal: · Inspection of existing building systems to verify existing condition or capacity to accommodate changes. · Specific site evaluations beyond Churchill School · Completion of the design and preparation of construction documents to bid the work. · Construction administration services · Revisions and/or scope changes · Preparation of plans or specifications not specifically defined by this agreement · This proposal does not include developing construction level floorplans of the existing building. If existing plans cannot be found a full survey of the building will be necessary in the future if it is to be remodeled. FARNSWORTH GROUP, INC. will provide additional services listed above, or other services not listed, as requested subject to mutually agreed upon terms and approval by the Owner. Assumptions and clarifications Clarification – The agreement is for initial master planning and conceptual design services only. It does not include preparing construction documents for bidding and completions of the work. Client Responsibilities To complete the scope of services outlined above, the CLIENT shall provide the following items: 1. A designated single point of contact available to meet with FARNSWORTH GROUP to discuss and/or clarify any items necessary throughout the duration of the project and provide full access to all existing facilities as when needed by the FARNSWORTH GROUP team. 2. Prompt written notice to FARNSWORTH GROUP if the CLIENT observes or otherwise becomes aware of any defect in the PROJECT or changed circumstances which may require a change in the Scope of Services. 3. Timely responses to requests for information. 4. Provide existing building drawings if they can be found. Summary of Professional Fees Farnsworth Group, Inc. proposes to provide the described schematic design services for the fixed fees listed below plus normal reimbursable expenses · Planning and Design $19,800 Galesburg - Community Center Master Planning FARNSWORTH GROUP / 5 Project Timeline Programming, and Conceptual Design: Approx. 8 weeks from Notice to proceed Agreement Thank you again for the opportunity to provide you with this proposal. Please indicate your acceptance of this proposal as presented by signing and returning one copy for our records. We look forward to working with you on this exciting project. Please call me if you have any questions or comments. Sincerely, FARNSWORTH GROUP, INC. Caius Jennison, RIBA Principal FARNSWORTH GROUP, INC. CITY OF GALESBURG Signature Signature Caius Jennison Typed Name Typed Name Principal Title Title Date Date ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: TS Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 2, 2022 AGENDA ITEM: Approval of plan to plant 350 trees on city property. SUMMARY RECOMMENDATION: The City Manager, Parks Superintendent, Tree Commission, and Special Projects Coordinator recommend approving a 5-year plan to plant approximately 350 trees on city terraces and in city parks. BACKGROUND: The urban forest has been an important element of Galesburg’s history since the original settlers planted trees on a barren prairie. Galesburg enjoys the National Arbor Foundation’s designation of Tree City USA. The city’s Comprehensive Plan calls for the development of a plan to improve urban tree canopy on every block for shade, air quality, stormwater management, and improved property values by increasing the quantity and diversity of trees in public spaces. Trees offer a host of health advantages including heat-stroke prevention, cleaner air, better breathing, sounder sleep, stress relief, disease prevention and defense from depression. The American Forestry Association has found that a single tree provides $73 worth of air conditioning, $75 worth of erosion control, $75 worth of wildlife shelter, and $50 worth of air pollution reduction. Compounding this total of $273 for fifty years at 5% interest results in a single tree value of $57,151. In recent years, the emerald ash borer and severe weather events have taken a significant toll on the tree inventory of our terraces and parks. We are removing far more trees than we are planting. Staff recommends a 5-year plan to plant approximately 350 trees on city terraces and in city parks. This plan relies heavily on volunteers working through the Special Projects Coordinator with the support and guidance of the Parks Department. Volunteers would plant the trees and maintain a watering schedule as needed using a donated truck and a tank secured from the Street Department. The recent planting of 19 trees and subsequent watering by volunteers on city terraces is a successful pilot program for this project. BUDGET IMPACT: There are sufficient funds of $50,000 budgeted in the Planning fund. This funding would be spread over 5 years to allow for the work of volunteer labor and tree availability. SUPPORTING DOCUMENTS: 1.5-Year Tree Plan 2. List of potential street terraces for tree plantings 22-4050 Tree plantings 5-Year Plan for 350 Trees One-time costs Fence posts for anchor 140 $700 Wire/sleeve/tools $300 2022 $1,000 $1,000 Annual costs Fuel 125 gals $500 Trees at approx $170 60-70 $10,250 Refreshments $50 $10,800 $10,800 2022 total $11,800 2022 $11,800 2023 $10,800 2024 $10,800 2025 $10,800 2026 $10,800 Subtotal $55,000 $5,000 $50,000 Reimbursed by Knox College Project total Street/Area # of trees Street/Area # of trees Standish Park 5 3-600 Jefferson 5 N Academy St 15 0-300 Garfield 5 E South St 15 0-300 Walnut Ave 5 S Seminary St 25 3-600 Monroe 5 E Fifth St 15 0-300 Arthur 5 Michigan Ave 10 0-600 Olive 5 100-300 S Farnham 10 Pleasant 5 N & W of VFW 5 1200-1500 W North 5 Clay 5 1200+ W Fremont 10 Robertson 5 Ruby 5 E Davis 5 Court 5 1100-1500 S Kellogg 5 Harvey 5 E Second St 15 Benard 5 W Second 10 600-1200 Jefferson 10 W Third St 10 N Cedar St 5 W First 10 600-1800 N Broad 10 W Knox 10 600-1800 N Cherry 10 W Brooks 10 600-1800 N Prairie 10 200 W Tompkins 5 600-1800 N Kellogg 10 Harding St 5 Bateman 5 200 S Prairie 5 Willard 5 2-300 S Kellogg 10 Beecher 5 1-200 E Tompkins 5 Florence 5 100-600 Lombard 10 Brown 5 1-500 S Whitesboro 10 Johnston 5 1700-2000 E North 5 Greenleaf 5 1500-1700 Mulberry 5 Fifer 5 0-600 N Farnham 10 Lane 5 1100-1600 E Grove 10 Harrison 10 0-300 Phillips 5 Greenleaf/Dudley 5 1600 Summit 5 Williams 5 1300-1600 E North 10 1200+ Arnold/Phillips 10 0-300 N Whitesboro 5 600+ Farnham 10 Blaine 5 600+Lincoln 15 Fulton 5 Birdland 15 400-900 E North 10 Rock Island/Meadow 20 E Water 10 1500+ Jefferson 5 0-100 N West & Cedar 5 Fair Acres 10 0-600 N Broad 5 Sandburg Dr Lowes 10 0-600 N West 10 Home Blvd 5 3-600 Clark 5 Seminary Hawth Ctr 5 Cedar Ave 5 Hawthorne Center 40 1-600 Maple 10 0-800 W North 5 Total 700 TOWN OF THE CITY OF GALESBURG Date:May 2, 2022 Agenda Number:22-9010 TOWN FUND $1,025.53 GENERAL ASSISTANCE FUND $1,772.66 IMRF FUND SOCIAL SECURITY/MEDICARE FUND LIABILITY FUND $6,374.00 AUDIT FUND TOTAL $9,172.19