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Administration 55 West Tompkins Street Galesburg, IL 61401 CITY OF GALESBURG Illinois, USA August 7 City Council Agenda

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Administration 55 West Tompkins Street Galesburg, IL 61401

CITY OF GALESBURG Illinois, USA

August 7 City Council Agenda

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Page 1 of 2

City Council Meeting Agenda City of Galesburg, Illinois

City Council Chambers August 7, 2017

6:30 p.m. Roll Call Pledge of Allegiance

Invocation

Approve Minutes from July 17, 2017

Consent Agenda #2017-15

17-2019 Resolution Authorizing the transfer of funds from TIF II to TIF IV Fund

17-4071 Approve Authorization to sell forfeited vehicle via Ebay

17-6005 Approve Appointment memo

17-8014 Bills and Advance Checks

Approval and warrants drawn in payment of same

Passage of Ordinances and Resolutions

17-1023 Ordinance Rezoning 401 S. Soangetaha Road from Multi-Family (R3A) to General Business (B2) (First Reading)

17-1024 Ordinance Rezoning 167 N. Kellogg from Institutional (I) to Multi-Family (R3A) (First Reading)

Bids, Petitions and Communications

17-3034 Bid Lock system for buildings

Public Comment

City Manager’s Report

A. Paint Recycling B. Special Event Applications

a. Use of Parking Lot H and E. Simmons Street for a Food Truck Festival on September 23, 2017.

Miscellaneous Business (Agreements, Approvals, Etc.)

17-4072 Approve Release of no sale restriction on 1040 South West Street

17-4073 Approve Revolving Loan Application – Koreana Restaurant

17-4074 Approve Donation of a property located at 1361 Harrison Street

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Page 2 of 2

17-4075 Approve Preliminary Plat of the Gale Village Re-subdivision No 1

17-4076 Approve Contract with JC Studios for AV services

Town Business

17-9023 Bills

Closing Comments

Executive Session

Executive Session Convene into closed door Executive Session for the purpose of discussing (5 ILCS 120/2 (c) (11))

A. Approval of July 17, 2017 Executive Session minutes B. Discuss litigation

Adjournment

Vision Statement

“The City of Galesburg will be a dynamic community featuring a full range of public amenities to serve a diverse citizenry. The City Council will play a pro-active role in providing leadership to its citizens, neighborhoods, and other public bodies and enact policies which ensure the existence of a broad based economy.”

CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 __________________________________________________________________________________________________________________________________________________________________________________________

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CITY COUNCIL MEETING City Manager’s Report

August 7, 2017 CONSENT AGENDA #2017-15 Item 17-2019 Authorizing the transfer of funds from TIF II to TIF IV fund Staff recommends approval of a resolution authorizing the transfer of funds from the Tax Increment Financing (TIF) District II fund to the TIF IV fund. In order to fund the professional design of improvements to Park Plaza and Parking Lot E, the approved 2017 budget includes a transfer of $119,000 from the TIF II fund to the TIF IV fund. Item 17-4071 Authorization to sell forfeited vehicle via EBay Staff recommends approval of the sale of a 2004 GMC Yukon via EBay. The vehicle was forfeited to the Galesburg Police Dept. on May 19, 2014. By Illinois statute, the proceeds from the sale of the forfeited vehicle must be deposited into the State Special Enforcement Fund (016) for drug enforcement purposes. Item 17-6005 Appointment Memo Appointments to various boards and commissions are submitted by Mayor Pritchard for Council consideration. Item 17-8014 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 17-1023 Rezoning 401 S. Soangetaha Road (First Reading) The Planning and Zoning Commission recommends the City Council reject the ordinance rezoning 401 South Soangetaha Road from multi-family (R3A) to general business (B2). Staff concur with the Planning and Zoning Commission’s recommendation. The petitioner submitted an application to turn one existing room in the tenant community building into a bar/lounge, which would be open to the public. The existing building has a pool for tenants, a community room and a smaller meeting room. Changing the use of one of the rooms so that it is open to the public changes the requirements for parking. The paved portion of the property currently provides approximately 10 existing parking spaces, and a total of 14 spaces would be required. Item 17-1023 Rezoning 167 N. Kellogg Street (First Reading) The Planning and Zoning Commission recommends the City Council approve the ordinance rezoning 167 N. Kellogg Street from institutional (I) to multi-family (R3A). Staff concur with the Planning and Zoning Commission’s recommendation. The petitioner is seeking the zoning amendment to allow rental of the building for residential use by Oxford House. Oxford House, Inc. is a self-run, self-supported recovery home concept.

CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 __________________________________________________________________________________________________________________________________________________________________________________________

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BIDS, PETITIONS AND COMMUNICATIONS Item 17-3034 Lock system for buildings Staff recommends approval of the bid from Doors Incorporated to provide new lock cores and related materials for Recreation facilities in the amount of $9,400.00. Doors Incorporated was the sole respondent to this request for bids, and the bid they submitted was below the anticipated cost for this purchase. Sufficient funds are budgeted under Parks & Recreation Admin (1905) for this planned improvement. CITY MANAGER’S REPORT

A. Paint Recycling B. Special Events

a. Use of Parking Lot H and E. Simmons Street for a Food Truck Festival on September 23, 2017.

MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) Item 17-4072 Release of no sale restriction on 1040 South West Street Staff recommends approval of the request from Galesburg CILA to release the five year no sale restriction on 1040 South West Street. Galesburg CILA Homes Partnership purchased the vacant lot from the City in February of 2013 during the annual City property sale, and a home was subsequently built on the property. Achievement Unlimited, Inc., a sister company of CILA Homes, is currently leasing this property with a purchase option in the lease. Achievement Unlimited, Inc. wants to exercise this purchase option. Item 17-4073 Revolving loan application – Koreana Restaurant Staff recommends approval of a $20,000 revolving loan for ten years at 3% with Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana. The proposed Koreana restaurant will be a new South Korean restaurant, located at 323 East Main Street. The owners are seeking a city loan to fill the gap needed to conduct leasehold improvements, including the purchase and installation of a grease interceptor and an exhaust hood with fire suppression. The overall project includes the local office of First Mid-Illinois Bank and Trust, who has agreed to provide an $80,000 loan and a $15,000 line of credit. It is anticipated the business will create three full-time and seven part-time positions within two years. Item 17-4074 Donation of 1361 Harrison Street Staff recommends approval of the donation of a residence located at 1361 Harrison Street from Wells Fargo Bank for use by Project Rebound. The residence and accessory structures are in need of various repairs and maintenance, but overall the property can be rehabilitated. The Project Rebound program works with contractors who renovate dilapidated homes that meet their project guidelines, and then offer them for sale to low-to-moderate income buyers in cooperation with locally participating banks. If the City Council approves the donation, the recommendation would be to transfer the ownership of the property to a Project Rebound approved contractor using the process approved by Council via ordinance earlier this year

CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 __________________________________________________________________________________________________________________________________________________________________________________________

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Item 17-4075 Preliminary Plat of the Gale Village re-subdivision No. 1 The Planning and Zoning Commission recommends approval of the Preliminary plat of the Gale Village Re-subdivision No. 1, contingent upon a list of items being resolved. This is a five-lot subdivision. Four lots are proposed that will be located on the east side of the property (between North Seminary Street and the proposed extension of Gale Village Drive) and one lot is proposed on the west side of the lot (west of the proposed extension of Gale Village Drive). The purpose of the subdivision is to allow for future commercial development on the four east lots and residential development on the west side. Once the developer determines the type of residential development that will take place, an additional subdivision plat will be submitted for the west lot. Item 17-4076 Contract with JC Studios for AV services Staff recommends approval of a contract with Jeff Cervantez from JC Studios for the operation of City audio-video equipment during the City’s scheduled public meetings. Currently, the City broadcasts City Council meetings, Planning and Zoning meetings, and City Council work sessions on Comcast channel 7. The meetings are also streamed live via the City website, and archived on the website for public access. The prior contracted A/V operator ended his contract with the City in July 2017. Compensation for these services will be a $100 flat fee for all City Council meetings, and a $30 per hour fee for all other meetings, with a one hour pay minimum. There are sufficient funds in the General Fund to continue this service. TOWN BUSINESS Item 17-9023 Town Bills Respectfully submitted, Todd Thompson City Manager

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July 17, 2017    Page 1 of 7 

 

Galesburg City Council Regular Meeting City Council Chambers 55 West Tompkins Street, Galesburg, Illinois July 3, 2017 6:30 p.m.  Call to order by Mayor John Pritchard.   Roll Call #1:  Present:  Mayor John Pritchard, Council Members Angela Bastian, W. Wayne Dennis, Russell Fleming, Corine Andersen, Peter Schwartzman, Wayne Allen, and Jeremy Karlin, 8.   Also present were City Clerk Kelli Bennewitz, City Manager Todd Thompson, and City Attorney Bradley Nolden.  The Chairman declared quorum present.  The Pledge of Allegiance was recited.  A moment of silence was given in lieu of an invocation.  Presentation:  Jason Coyle, Baker Tilly – December 31, 2016, Financial Report  Council Member Dennis moved, seconded by Council Member Karlin, to approve minutes of the City Council meeting from July 3, 2017. Roll Call #2:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None  Chairman declared motion carried.  

CONSENT AGENDA #2017‐14  

All matters  listed under the Consent Agenda are considered routine by the City Council and  is enacted by one motion. 

 17‐2017 Approve MFT Resolution for the North Whitesboro Street reconstruction project in the amount of $200,000.  17‐2018 Approve MFT  Resolution  for  the  City’s  share  of  right‐of‐way  costs  for  the  Farnham  Street overpass project in the amount of $6,000.  17‐4067 Approve agreement with Aqua Backflow to provide cross connection control program services for a period of up to five years for tracking of backflow assemblies. 

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July 17, 2017    Page 2 of 7 

 

17‐4068 Approve amendment to the Salary Schedule with the reclassification of the Community Service Officer from pay range 11A to 14A.  17‐5007 Receive Police and Fire Pension Fund Reports for January 1, 2016, through December 31, 2016.  17‐6004 Approve the following reappointments and new appointments to Boards and Commissions:  Planning & Zoning Commission         Rev. Leigh Nygard (reappointment), term expires June 2020 Tammy Lufkin (reappointment), term expires June 2020  Golf Commission Steve Cheeseman (new appointment), term expires June 2020 Jerry Reynolds (reappointment), term expires June 2020  Community Relations Commission Brittany Grimes (new appointment), term expires February 2020 Olivia Graves (new appointment), term expires February 2020 Donyae Payton (new appointment), term expires February 2020  Landmark Commission Hillary Hoffman (reappointment), term expires June 2020 Paul Stewart (reappointment), term expires June 2020  Library Board Craig Conolly (reappointment), term expires June 2020 Roger Williamson (reappointment), term expires June 2020  Overall Code Review Commission Brian Benbow (reappointment), term expires June 2020 Ted Lambasio (reappointment), term expires June 2020  Public Transportation Advisory Commission Kyle Kelly (new appointment), term expires June 2021 Pat Smith (reappointment) term expires June 2020 Linda Miller (reappointment), term expires June 2020  Tree Commission Millie Allen (reappointment), term expires June 2020 Jim Goodrich (new appointment) term expires June 2020  

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July 17, 2017    Page 3 of 7 

 

Youth Commission Gene Rude (reappointment), term expires June 2020 Bart Arthur (reappointment), term expires June 2020  17‐8013 Approve bills in the amount of $556,683.72 and advance checks in the amount of $163,034.25.  Council Member Andersen moved, seconded by Council Member Bastian, to approve Consent Agenda 2017‐14. Roll Call #3:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None Chairman declared motion carried by omnibus vote.  

PASSAGE OF ORDINANCES AND RESOLUTIONS  17‐1022 Council Member Allen moved, seconded by Council Member Dennis, to approve Ordinance 17‐3555 on final reading amending Section 152.191(B) of the Galesburg Municipal Code amending the Sign ordinance regarding variances and off‐premise signs regulations. Roll Call #4:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None  Chairman declared motion carried.  

BIDS, PETITIONS, AND COMMUNICATIONS  

17‐3032 Council Member Karlin moved, seconded by Council Member Dennis, to approve the sole bid submitted by Larry Denton Golf Course Construction & Renovation in the amount of $6,340 for the renovation of four golf tee complexes at Bunker Links Golf Course. Roll Call #5:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None  Chairman declared motion carried.  17‐3033 

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July 17, 2017    Page 4 of 7 

 

Council Member Andersen moved, seconded by Council Member Karlin, to approve the bid for the purchase of parking lot signage. Roll Call #6:   Ayes:  None   Nays:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.  Absent:  None  Chairman declared motion failed.  

PUBLIC COMMENT  

Demarkius Medley addressed the Council regarding zoning and regulations on growing food in the community, specifically residential areas, as well as selling that food.  He added that it is his goal to  improve our community by revolutionizing the way food  is produced using aquaponics and to train people how to grow this food.  City Manager Thompson asked that Mr. Medley leave his contact information and noted that Administration would be more than willing to discuss the idea with him.  Robert Cain addressed the Council regarding neighborhood disputes on trash and debris and that people should be discussing the issues and not calling the City anonymously.  He stated that many of the complaints called in are workable and asking a Community Service Officer to review the issue is a waste of money for the City.  Mr. Cain also requested that street parking be reviewed on Maple Street and North Street.  He stated that there are too many cars parked on the street, making it difficult for the City bus and the school buses.  He asked that a restriction be added for parking from the corner. 

 CITY MANAGER’S REPORT 

 A. Traffic Advisory Report for July 2017 received. B. Paint recycling will be available through September at Walmart on the third 

Saturday of each month, 8 a.m. to noon. C. Special Event Applications: 

a. Use of Lake Storey Park for Heritage Days on August 18‐20, 2017. Council Member Schwartzman inquired about the selling of cars on e‐Bay and if there is a chance that a better price could be achieved by taking the cars to an auction.  City Manager Thompson noted that the cars that were recently sold on e‐Bay (police cars) had a lot of mileage and wear and tear.  Staff has found that the on‐line auction site typically garners the best price for these types of vehicles.  Council Member  Schwartzman  also  inquired  about  using  Administrative  Court  for  disputes between neighbors, similar  to Mr. Cain’s public comments.   The City Manager explained  that 

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July 17, 2017    Page 5 of 7 

 

Administrative Court is solely used for code or ordinance violations, not complaints, and that staff always encourages neighbors to talk and work out a resolution on such issues. 

MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) 

 17‐4069 Council Member  Dennis moved,  seconded  by  Council Member  Fleming,  to  approve  a  joint funding  agreement  with  the  Illinois  Department  of  Transportation  (IDOT)  for  right‐of‐way acquisition for the Farnham Street Overpass project. Roll Call #7:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None Chairman declared motion carried.  17‐4070 Council Member Bastian moved, seconded by Council Member Andersen,  to approve a Work Proposal and Authorization from American Technologies, Inc., to act as the project manager to complete hailstorm repairs to a number of City‐owned properties. Roll Call #8:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None  Chairman declared motion carried.  

TOWN BUSINESS  

Council Member Allen moved, seconded by Council Member Fleming that the City Council sit as the Town Board.  The motion carried by voice vote.  17‐9022 Trustee Fleming moved, seconded by Trustee Schwartzman, to approve Town bills and warrants be drawn in payment of same.  

Fund Title  Amount Town Fund  $5,212.44 General Assistance Fund  $3,122.20 IMRF Fund   Social Security/Medicare Fund   Liability Fund   Audit Fund   Total  $8,334.64 

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July 17, 2017    Page 6 of 7 

 

Roll Call #9:   Ayes:  Trustees Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 7.   Nays:  None    Absent:  None Chairman declared motion carried.  Trustee Allen moved, seconded by Trustee Fleming, that the Town Board resume sitting as the City Council.  The motion carried by voice vote.  

CLOSING COMMENTS  

Council Member  Schwartzman  requested  current  information  on  the  operation  of  the  Lake Storey Beach since there have been many conflicting reports.  Tony Oligney‐Estill reported that the beach, concessions, and boat rentals will be open seven days a week through Labor Day, 11 a.m. – 6 p.m.  Lake Storey Beach will also continue as a “swim at your own risk” beach.  Lakeside Pool will  be  open  daily  through mid‐August  and  then  on weekends  only  due  to  the  lack  of lifeguards.  Council Member Schwartzman also reminded citizens to attend Heritage Days next month and thanked the organizers for all the work they put into the festival.    The Mayor allowed Senator Chuck Weaver  time  to address  the Council and citizens.   Senator Weaver thanked the Council for their service to the community and praised Galesburg for being a great town.  He gave a brief overview of Senate Bill 1124 which would provide much needed funding to schools.   He stated that this bill does a better  job delivering funding to where  it  is needed most,  is the most equitable  formula  for all school districts  in  Illinois, and offers more funding  for every school district  in  the state  than  those districts  received  last year. However, Senate Bill 1, also being debated, would offer millions of dollars in extra funding to Chicago and would offer less funding to other school districts.  For Galesburg, this would mean $2.3 million in extra funding under Senate Bill 1124.  Mayor Pritchard also reminded citizens to attend Heritage Days, August 18‐20, 2017. 

 Council Member Karlin moved, seconded by Council Member Dennis, to convene into executive session at 7:08 p.m. for the purpose of discussing litigation and the approval of minutes from the July 3, 2017, executive session meeting (5 ILCS 120/2(c)(11) and (21). Roll Call #10:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None  Chairman declared motion carried.  

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July 17, 2017    Page 7 of 7 

 

During  the Executive  Session, Council Member Dennis moved,  seconded by Council Member Allen, to adjourn to the regular meeting at 8:11 p.m. Roll Call #11:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None  Chairman declared motion carried.  There being no further business, Council Member Dennis moved, seconded by Council Member Bastian, to adjourn the regular meeting at 8:12 p.m. Roll Call #12:   Ayes:  Council Members Bastian, Dennis, Fleming, Andersen, Schwartzman, Allen, and Karlin, 

7.   Nays:  None  Absent:  None  Chairman declared motion carried.  

                                                                                                                                                   John Pritchard, Mayor 

                                                                                                   Kelli R. Bennewitz, City Clerk 

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COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Resolution authorizing the transfer of funds from the Tax Increment Financing (TIF) District II fund to the TIF IV fund.

SUMMARY RECOMMENDATION: The City Manager and Director of Planning & Public Works 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…received under this Act from one redevelopment project area for eligible costs in another redevelopment project area that is: (i) contiguous to the redevelopment project area from which the revenues are received…”

In order to fund the professional design of improvements to Park Plaza and Parking Lot E, the approved 2017 budget includes a transfer of $119,000 from the TIF II fund to the TIF IV fund. The professional design includes services required to provide for collection of public input, conceptual drawings, construction drawings, bid documents and associated construction phase documentation for this project. Attached for the City Council’s consideration is a resolution authorizing the transfer of $119,000 from TIF II to TIF IV.

BUDGET IMPACT: The resolution provides for the transfer of $119,000 between the TIF II Fund and the TIF IV Fund as planned for in the approved 2017 budget. Sufficient funds are available in the TIF II Fund.

SUPPORTING DOCUMENTS: 1. Resolution

17-2019

  RESOLUTION NO. _________________ RESOLUTION STATING THE CITY’S INTENT TO TRANSFER FUNDS FROM THE SPECIAL TAX ALLOCATION FUND FOR TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA NO. II TO THE SPECIAL TAX ALLOCATION FUND FOR TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA NO. IV

WHEREAS, pursuant to the Tax Increment Allocation Redevelopment Act, 65 5/11-74.4-1

et. seq. hereinafter referred to as the “Act”, the City of Galesburg (the “City”) did on June 2, 2008 adopt Ordinances 08-3224, 08-3225 and 08-3226 approving the Tax Increment Redevelopment Plan and Project for a specific area legally described therein as a Redevelopment Project Area (commonly referred to as “TIF Area IV”), designated the TIF Area IV boundary and adopted tax increment financing for TIF Area IV; and

WHEREAS, pursuant to the Act, the City did on December 29, 1986 adopt Ordinances 86-1134, 86-1135, 86-1136 and 86-1137 approving the Tax Increment Redevelopment Plan and Project for a specific area legally described therein as a Redevelopment Project Area (commonly referred to as “TIF Area II”), designated the TIF Area II boundary and adopted tax increment financing for TIF Area II and on April 5, 2010 adopted Ordinance 10-3285 to amend the Redevelopment Plan and Project and extend the end date; and

WHEREAS, pursuant to the Act, the City established Special Tax Allocation Funds for both TIF Area II and TIF Area IV into which revenue from each respective TIF Area has been deposited and from which expenditures will be made for eligible TIF redevelopment project costs; and WHEREAS, the redevelopment objectives for both TIF Area II and TIF Area IV include, among others, public works or improvements, including improvement of streets and other public improvements; and WHEREAS, the funds available in the Special Tax Allocation Fund for TIF Area IV are at present insufficient to make certain expenditures deemed necessary, but are expected to grow in future years as TIF Area IV attracts private investment; and WHEREAS, the Act authorizes the City to utilize tax increment finance revenues received from one redevelopment project area for eligible costs in another, contiguous, redevelopment project area; and

WHEREAS, funds are at present available in the Special Tax Allocation Fund for TIF Area II to cover the costs associated with redevelopment within the TIF Area IV; and

WHEREAS, the City Council of the City of Galesburg hereby finds and determines that TIF

Area II and TIF Area IV are contiguous and that it is in the best interest of the City that funds be transferred from TIF Area II to TIF Area IV, for eligible expenses of TIF Area IV; and

WHEREAS, the City of Galesburg will be providing $119,000 in TIF Area IV dollars for professional design services for improvements to be made at Park Plaza (130 East Main Street) and Parking Lot E (151 E Simmons Street) located in the TIF IV Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Galesburg, Illinois, as follows: 1. In furtherance of the objectives of the redevelopment plans identified above, the City

Administration is authorized to transfer funds from the Special Tax Allocation Fund for TIF Area II to the Special Tax Allocation Fund for TIF Area IV for purposes of implementing an eligible TIF redevelopment project within the TIF Area IV, specifically, funds for professional design services for improvements to be made at Park Plaza (130 East Main Street) and Parking Lot E (151 E Simmons Street) in an amount of $119,000.

2. All expenditure of funds from the Special Tax Allocation Fund for TIF Area IV shall be in

accordance with the Act. 3. That this resolution shall take effect immediately from and after its passage. Approved this day of , 20 __ , by a roll call vote as follows: Roll Call #: Ayes: _________________________________________________________________________ ______________________________________________________________________________ Nays: _________________________________________________________________________ Absent: _______________________________________________________________________ ______________________________

John Pritchard, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk

___________________________________________________________________________________________________________________________________________________________________________________________

Prepared by: CH Page 1 of 1

COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Approve the sale of a 2004 GMC Yukon, utilizing the eBay format. The vehicle was forfeited to the Galesburg Police Department on May 19, 2014.

SUMMARY RECOMMENDATION: The City Manager, Chief of Police and Purchasing Agent recommend the sale of this vehicle via eBay.

BACKGROUND: On February 24, 2014 this vehicle was seized as the result of a drug investigation. On May 19, 2014 a Declaration of Forfeiture was issued by the Knox County State’s Attorney’s office. There was no lien on this vehicle. By statute the vehicle must be used by the seizing agency for the “enforcement of criminal laws” for one year from date of forfeiture. That time has expired and the Police Department now wishes to try to sell the vehicle via eBay.

BUDGET IMPACT: By Illinois statute, the proceeds from the sale of the forfeited vehicle must be deposited into the State Special Enforcement Fund (016) for drug enforcement purposes.

SUPPORTING DOCUMENTS: 1. Award Letter from the Illinois State Police

17-4071

CITY OF GALESBURGCity Clerk Memo

Operating Under Council – Manager Government Since 1957

Prepared by: KRB Page 1 of 1

_____________________________________________________________________________________

TO: City Council FROM: Mayor John Pritchard DATE: August 7, 2017 SUBJECT: Commission Appointment

COMMISSION TERM EXPIRES

Public Transportation Advisory Commission Josh Kilpatrick (new appointment) June 2020

17-6005

User:

Printed: 08/01/2017 - 4:52PM

tmiller

Transactions by Account

Batch: 00007.08.2017

Accounts Payable

Account Number Vendor AmountDescription PO NoDate

001-0000-10407-00 Office Specialists, Inc. Paper 89.55 89.5507/31/2017

001-0000-10701-00 Radio IP Software, Inc 01/18-07/18 Service Contract Renewal 808.44 808.4407/31/2017

001-0000-10701-00 Conduent 01/18-08/18 FH Enterprise Complete System Support, Addl User 2,003.33 2,003.3307/31/2017

001-0000-10706-00 Travis Smith Meals - Firearms Inst Class - TSmith 175.00 175.0007/31/2017

001-0000-10801-00 Ray O'Herron Co., Inc. Tail strobe lights #166 162.36 162.3607/31/2017

001-0000-10801-00 Supreme Radio Communications, Inc. Radio, VHF14 antenna kit 1,095.92 1,095.9207/31/2017

001-0000-10801-00 Carquest of Galesburg 26 Instinct, 20 Instinct 52.88 52.8807/31/2017

001-0000-10801-00 Carquest of Galesburg Oil filters 28.00 28.0007/31/2017

001-0000-10801-00 Interstate Battery Systems of Central Illinois Batteries 443.90 443.9007/31/2017

001-0000-10801-00 Ray O'Herron Co., Inc. Lights 182.56 182.5607/31/2017

001-0000-10801-00 Mutual Wheel Co., Inc. Light 44.85 44.8507/31/2017

001-0000-10801-00 Rydin Sign & Decal 20 City Seals 1,032.03 1,032.0307/31/2017

001-0000-22005-00 Galesburg Transit 06/17 Advertising Receipts 389.00 389.0007/31/2017

001-0000-22006-00 Fire Pension Additional Fire pension contributions FY16 194,500.00 194,500.0007/31/2017

001-0000-22006-00 Police Pension Add'l Police Pension Contributions 150,000.00 150,000.0007/31/2017

001-0000-22007-00 Illinois Department of Public Health 01/17-06/17 Pet Population Fees Due to State 400.00 400.0007/31/2017

$351,407.82Subtotal for Division: 0000

001-0105-51000-00 Baker Tilly Virchow Krause, LLP Service in connection with 12/31/16 audit 9,065.00 9,065.0007/31/2017

$9,065.00Subtotal for Division: 0105

001-0110-51000-00 Knox County Recorders Office 06/17 Laredo 20.00 20.0007/31/2017

001-0110-61000-00 Office Specialists, Inc. Envelope, stamp 20.54 20.5407/31/2017

$40.54Subtotal for Division: 0110

001-0115-61000-00 Office Specialists, Inc. Pens 5.69 5.6907/31/2017

$5.69Subtotal for Division: 0115

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 1

17-8014

Account Number Vendor AmountDescription PO NoDate

001-0125-51000-00 Knox County Recorders Office 06/17 Laredo 20.00 20.0007/31/2017

$20.00Subtotal for Division: 0125

001-0145-51000-00 Statham & Long, LLC 05/17-06/17 Adjudication 540.00 540.0007/31/2017

001-0145-51000-00 Law Offices of Miller, Hall & Triggs 06/17 Legal Service 288.00 288.0007/31/2017

001-0145-51000-00 Knox County Sheriff-Civil Agency Service of Summons 735.00 735.0007/31/2017

001-0145-51000-00 Petentler Investigations Summons 50.00 50.0007/31/2017

001-0145-51000-00 Petentler Investigations Summons 50.00 50.0007/31/2017

001-0145-55000-00 Thomson Reuter Westlaw monthly charges 210.38 210.3807/31/2017

001-0145-61000-00 Office Specialists, Inc. Business cards 14.99 14.9907/31/2017

$1,888.37Subtotal for Division: 0145

001-0160-51500-00 Register Mail, Inc. Bid Ads #2001304 355.68 355.6807/31/2017

001-0160-51500-00 Register Mail, Inc. Auction Ads #2001304 244.15 244.1507/31/2017

001-0160-59523-00 Galesburg Downtown Council Replacement Tax Pmt FY2017 1,991.75 1,991.7507/31/2017

$2,591.58Subtotal for Division: 0160

001-0205-51000-00 Collection Professionals, Inc 06/17 Service 60.00 60.0007/31/2017

001-0205-51000-00 US Sterling Capital Corp., Inc. Royal Business Bank 240.00 240.0007/31/2017

001-0205-51000-00 Collection Professionals, Inc 06/17 Service 90.00 90.0007/31/2017

001-0205-51000-00 US Sterling Capital Corp., Inc. Great Midwest Bank 120.33 120.3307/31/2017

001-0205-54500-00 Gloria Osborn Mileage - QC Finance Dir Mtg - Moline - GOsborn 43.87 43.8707/31/2017

001-0205-55800-00 Americaneagle.com, Inc. 2.5 hrs for work on ticket #349829 500.00 500.0007/31/2017

$1,054.20Subtotal for Division: 0205

001-0305-51500-00 Register Mail, Inc. Public Notice ads #2037790 61.40 61.4007/31/2017

001-0305-61000-00 Office Specialists, Inc. Pocket file 68.38 68.3807/31/2017

$129.78Subtotal for Division: 0305

001-0306-51500-00 Register Mail, Inc. Demo ads #2014022 438.18 438.1807/31/2017

001-0306-54500-00 ILLOWA 2 Registrations for ILLOWA Meeting 40.00 40.0007/31/2017

001-0306-54500-00 IPOC 3 Registrations - IPOC training - JudyG, MatthewC, SteveG 90.00 90.0007/31/2017

001-0306-55400-00 Western Illinois Title Company Min Demo Title Commitment, IL DFI Policy-730 N Cedar 303.00 303.0007/31/2017

001-0306-55400-00 Western Illinois Title Company Min Demo Title Commitment, IL DFI Policy-1391 Monroe 303.00 303.0007/31/2017

$1,174.18Subtotal for Division: 0306

001-0410-51000-00 Knox County Recorders Office 06/17 Laredo 20.00 20.0007/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 2

Account Number Vendor AmountDescription PO NoDate

$20.00Subtotal for Division: 0410

001-0445-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 11.47 11.4707/31/2017

001-0445-55500-00 IL Oil Marketing Equipment, Inc. Breakaway Valve 300lb 97.84 97.8407/31/2017

001-0445-55500-00 Dave Dunn's Auto Body, Inc. Repairs to right fender #462 916.16 916.1607/31/2017

001-0445-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

001-0445-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 82.78 82.7807/31/2017

001-0445-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 82.78 82.7807/31/2017

001-0445-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 82.78 82.7807/31/2017

001-0445-62500-00 Carquest of Galesburg Pim wire #166 32.18 32.1807/31/2017

001-0445-62500-00 Napa Auto Parts UJoint #168 15.79 15.7907/31/2017

001-0445-62500-00 Carquest of Galesburg Paint #166 62.84 62.8407/31/2017

001-0445-62500-00 Yemm Ford, Inc Sensor #168 62.80 62.8007/31/2017

001-0445-62500-00 Carquest of Galesburg 50 pvc split loom #166 11.50 11.5007/31/2017

001-0445-62500-00 Yemm Ford, Inc Cap assy #166 20.56 20.5607/31/2017

001-0445-62500-00 Ray O'Herron Co., Inc. Tail strobe lights #166 162.34 162.3407/31/2017

001-0445-62500-00 Yemm Ford, Inc Liner kit #166 303.60 303.6007/31/2017

001-0445-62500-00 Carquest of Galesburg Mercon LV ATF #606 62.01 62.0107/31/2017

001-0445-62500-00 Carquest of Galesburg Control arm, painted rotor #181 122.66 122.6607/31/2017

001-0445-62500-00 Yemm Ford, Inc Tube steps #166 335.16 335.1607/31/2017

001-0445-62500-00 Yemm Ford, Inc AC line #469 131.73 131.7307/31/2017

001-0445-62500-00 Carquest of Galesburg Lube filter, fuel filter #168 25.58 25.5807/31/2017

001-0445-63000-00 Napa Auto Parts Cable ties 60.90 60.9007/31/2017

001-0445-63000-00 O'Reilly Auto Parts Shrink tube 3.99 3.9907/31/2017

001-0445-63000-00 Carquest of Galesburg Mini blade, mini blade fuse 5.98 5.9807/31/2017

001-0445-63000-00 Carquest of Galesburg Oil absorbent 124.75 124.7507/31/2017

001-0445-63000-00 Lawson Products, Inc. Misc supplies 209.78 209.7807/31/2017

001-0445-63000-00 Batterton Auto Supply Misc supplies 54.35 54.3507/31/2017

001-0445-63000-00 Carquest of Galesburg ATO blade fuse 5.98 5.9807/31/2017

001-0445-63000-00 Carquest of Galesburg Shrink tubing 5.69 5.6907/31/2017

$3,108.98Subtotal for Division: 0445

001-0450-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 193.11 193.1107/31/2017

001-0450-55500-00 Nichols Diesel Service, Inc. Service call for ABS light #113 978.99 978.9907/31/2017

001-0450-55500-00 Nichols Diesel Service, Inc. State & Fed Tests #109 31.00 31.0007/31/2017

001-0450-55500-00 Martin Equipment of Illinois, Inc. Service call for shifting issues 620.97 620.9707/31/2017

001-0450-55700-00 AMP Electrical Services, Inc. Repair high volt lines that feed back up water pump 2,814.75 2,814.7507/31/2017

001-0450-55700-00 Neil Thomas Plumbing & Heating, Inc Repairs to AC 105.00 105.0007/31/2017

001-0450-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

001-0450-59300-00 Getz Fire Equipment Co., Inc. First aid supplies 97.35 97.3507/31/2017

001-0450-62500-00 Carquest of Galesburg JB weld coldweld epoxy #109 12.86 12.8607/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 3

Account Number Vendor AmountDescription PO NoDate

001-0450-62500-00 Carquest of Galesburg Oil filter, oil #306 10.81 10.8107/31/2017

001-0450-62500-00 Carquest of Galesburg Oil filters #128 8.92 8.9207/31/2017

001-0450-62500-00 Hydraulic & Industrial Products, LLC Hose #123 71.93 71.9307/31/2017

001-0450-62500-00 Nichols Diesel Service, Inc. Drag link #109 145.68 145.6807/31/2017

001-0450-62500-00 Hydraulic & Industrial Products, LLC Hose #123 38.90 38.9007/31/2017

001-0450-62500-00 Knapheide Truck Equipment Pull tarp #107 786.00 786.0007/31/2017

001-0450-62500-00 Carquest of Galesburg Oil filters, fuel filter #306 12.17 12.1707/31/2017

001-0450-62500-00 Key Equipment & Supply Co Wiper arm #128 207.36 207.3607/31/2017

001-0450-62500-00 Nichols Diesel Service, Inc. Brake hose #113 104.58 104.5807/31/2017

001-0450-62500-00 Hydraulic & Industrial Products, LLC Hose #123 96.10 96.1007/31/2017

001-0450-65500-00 TAPCO - Traffic & Parking Control Company Barricade lights 1,371.12 1,371.1207/31/2017

001-0450-65500-00 Sherwin Williams Co. LineLazer V 250SPS (17H467) Paint Striper as per your bid/specif 15,998.00 0000091002 15,998.0007/31/2017

001-0450-65500-00 Galesburg Electric, Inc. Materials to repair wires hit by contractor 119.96 119.9607/31/2017

001-0450-65500-00 Sherwin Williams Co. LineLazer V 250SPS (17H467) Paint Striper as per your bid/specif 4,000.00 0000091002 4,000.0007/31/2017

001-0450-65500-00 Galesburg Electric, Inc. Timer for signals 64.96 64.9607/31/2017

001-0450-65500-00 Galesburg Electric, Inc. Loop wire 772.13 772.1307/31/2017

001-0450-66000-00 Galesburg Electric, Inc. Conduit, heat shrink, bushing, breaker base, duct seal 672.00 672.0007/31/2017

001-0450-66500-00 Sherwin Williams Co. Lite kit 222.00 222.0007/31/2017

001-0450-68500-00 Gierke-Robinson Co 55 gal safe cure & seal 587.00 587.0007/31/2017

$30,158.65Subtotal for Division: 0450

001-0510-51000-00 Bolin's Marathon Service Towing - Henderson St 75.00 75.0007/31/2017

001-0510-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 9.56 9.5607/31/2017

001-0510-54500-00 College of DuPage 2 SLEA Basic Academy Tuitions 7,471.20 7,471.2007/31/2017

001-0510-54500-00 Jacob Thompson Fuel - SLEA Police Academy- JThompson 30.00 30.0007/31/2017

001-0510-54500-00 Petty Cash - Police Dept. Speedway - fuel - Police Academy Training - JThompson 20.00 20.0007/31/2017

001-0510-54500-00 Petty Cash - Police Dept. BP - fuel - Police Academy Training - JThompson 20.00 20.0007/31/2017

001-0510-54500-00 Petty Cash - Police Dept. Shell - fuel - Police Academy Training - JThompson 20.00 20.0007/31/2017

001-0510-55500-00 Municipal Electronics Inc 5 Radar certificates 175.00 175.0007/31/2017

001-0510-55500-00 Supreme Radio Communications, Inc. 08/17-10/17 Maintenance 4,374.75 4,374.7507/31/2017

001-0510-55500-00 Municipal Electronics Inc Repair GHD amp#05451 103.13 103.1307/31/2017

001-0510-55500-00 Glass Specialty Inc Install windshield #37 295.00 295.0007/31/2017

001-0510-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

001-0510-55700-00 American Pest Control Inc 07/17 Service 30.00 30.0007/31/2017

001-0510-55800-00 Radio IP Software, Inc 08/17-12/17 Service Contract Renewal 577.50 577.5007/31/2017

001-0510-57500-00 Burke Cleaners, Inc 06/17 Police Uniform Cleaning 449.42 0000090901 449.4207/31/2017

001-0510-61000-00 Office Specialists, Inc. Scissors, folders, legal pad 47.51 47.5107/31/2017

001-0510-61000-00 Office Specialists, Inc. Notebook, folder 64.10 64.1007/31/2017

001-0510-62500-00 Yemm Ford, Inc Drain plug #20 5.83 5.8307/31/2017

001-0510-62500-00 Carquest of Galesburg Stud ckt bkrwbrkt #33 3.67 3.6707/31/2017

001-0510-62500-00 Yemm Ford, Inc Moulding #25 52.24 52.2407/31/2017

001-0510-62500-00 Ray O'Herron Co., Inc. Visor light #33 758.10 758.1007/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 4

Account Number Vendor AmountDescription PO NoDate

001-0510-65500-00 Supreme Radio Communications, Inc. Batteries 213.21 213.2107/31/2017

001-0510-66500-00 Chief Supply Corp. Misc supplies 12.49 12.4907/31/2017

001-0510-67500-00 Ray O'Herron Co., Inc. Light controller #37 841.30 841.3007/31/2017

001-0510-67500-00 Chicago Badge & Insignia Co Name bars 27.74 27.7407/31/2017

001-0510-67500-00 Chicago Badge & Insignia Co Badge 68.59 68.5907/31/2017

001-0510-67500-00 Ray O'Herron Co., Inc. Shirt - Shaw 134.71 134.7107/31/2017

001-0510-67500-00 JG Uniforms SLEA Recruit Uniform Package - JRodriguez 199.95 199.9507/31/2017

001-0510-67500-00 JG Uniforms SLEA Recruit Uniform Package - JThompson 199.95 199.9507/31/2017

001-0510-67500-00 Ray O'Herron Co., Inc. Sam browne belt - Thompson 68.99 68.9907/31/2017

001-0510-67500-00 Ray O'Herron Co., Inc. 2 nvy pants,velcro blt-Paulsgrove,1 nvy pant,3 shirts-Boynton 399.21 399.2107/31/2017

001-0510-67500-00 Ray O'Herron Co., Inc. Mag holder w/cuff pouch 131.67 131.6707/31/2017

001-0510-67500-00 Ray O'Herron Co., Inc. Sam browne belt - Rodriguez 77.69 77.6907/31/2017

001-0510-67500-00 Ray O'Herron Co., Inc. Mag holder w/cuff pouch 49.69 49.6907/31/2017

001-0510-67500-00 Ray O'Herron Co., Inc. 2 nvy pants- Semington, 1 nvy pants- Williams 218.56 218.5607/31/2017

$17,240.76Subtotal for Division: 0510

001-0550-51000-00 Language Line Services, Inc. 06/17 Over the phone interpretation 47.38 47.3807/31/2017

001-0550-54500-00 R & D Computer Systems, LLC Training center for Laserfiche - 10-24 users 1,620.00 1,620.0007/31/2017

001-0550-54500-00 Select Advantage 06/17 5 911 Dispatcher Assessment Services 100.00 100.0007/31/2017

001-0550-55500-00 Supreme Radio Communications, Inc. Install HF antenna on command vehicle 225.00 225.0007/31/2017

001-0550-55500-00 Supreme Radio Communications, Inc. 08/17-10/17 Maintenance 4,512.15 4,512.1507/31/2017

001-0550-56000-00 Communication Revolving Fund 06/17 Service 482.55 482.5507/31/2017

001-0550-61000-00 Office Specialists, Inc. Folders 69.66 69.6607/31/2017

001-0550-61000-00 Office Specialists, Inc. Canned air, white board cleaner 85.08 85.0807/31/2017

001-0550-61000-00 Office Specialists, Inc. Toner, binder clips, staples, envelopes, tape 222.19 222.1907/31/2017

001-0550-61000-00 Office Specialists, Inc. Toner 151.04 151.0407/31/2017

001-0550-61000-00 Office Specialists, Inc. Paper, key tags 186.35 186.3507/31/2017

001-0550-61000-00 Office Specialists, Inc. Toner 151.04 151.0407/31/2017

001-0550-61000-00 Office Specialists, Inc. Toner 189.13 189.1307/31/2017

001-0550-67500-00 Go Van Gogh's Polo shirts, fleece 89.92 89.9207/31/2017

001-0550-85500-00 Knox County Sheriff's Department 06/17 Share of Ambulance Service 674.82 674.8207/31/2017

001-0550-85500-00 Knox County Sheriff's Department 07/17 Share of Ambulance Service 674.82 674.8207/31/2017

$9,481.13Subtotal for Division: 0550

001-0605-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 128.10 128.1007/31/2017

001-0605-55500-00 Supreme Radio Communications, Inc. 08/17-10/17 Maintenance 3,176.25 3,176.2507/31/2017

001-0605-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

001-0605-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

001-0605-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

001-0605-55700-00 American Pest Control Inc 07/17 Service 20.00 20.0007/31/2017

001-0605-55800-00 Conduent 09/17-12/17 FH Enterprise Complete System Support, Addl User 1,001.67 1,001.6707/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 5

Account Number Vendor AmountDescription PO NoDate

001-0605-61000-00 Office Specialists, Inc. Clip, staples, hilighter 27.15 27.1507/31/2017

001-0605-61800-00 Office Specialists, Inc. Chair 189.50 189.5007/31/2017

001-0605-65000-00 Office Specialists, Inc. Laundry detergent and softener 243.35 243.3507/31/2017

001-0605-65000-00 Office Specialists, Inc. Return tissue -43.00-43.0007/31/2017

001-0605-65000-00 Office Specialists, Inc. Detergent 97.85 97.8507/31/2017

001-0605-65000-00 Office Specialists, Inc. Towels, cleaner 111.10 111.1007/31/2017

001-0605-65000-00 Office Specialists, Inc. Soap dispenser 71.45 71.4507/31/2017

001-0605-65000-00 Office Specialists, Inc. Laundry detergent and softener 243.35 243.3507/31/2017

001-0605-65000-00 Office Specialists, Inc. Return tissue -21.50-21.5007/31/2017

001-0605-65500-00 Office Specialists, Inc. Oil absorbant 105.13 105.1307/31/2017

001-0605-65500-00 Office Specialists, Inc. Oil absorbent 31.54 31.5407/31/2017

001-0605-66500-00 Supreme Radio Communications, Inc. Radio, battery 390.37 390.3707/31/2017

001-0605-67500-00 Uniform Den Inc. Chest badge, collar insignia 102.30 102.3007/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc Ball cap - JWebber 15.00 15.0007/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc Performance tee - JGrodjesk 42.00 42.0007/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc EMS shorts, ball cap, performance tee - DRogers 102.99 102.9907/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc Polo - TPeterson 40.99 40.9907/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc Performance tee - DHelvey 56.00 56.0007/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc EMS Pants - JBrignall 59.99 59.9907/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc Performance tee, ball cap, jobshirt - JBrignall 131.99 131.9907/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc Polo - Woolsey 40.99 40.9907/31/2017

001-0605-67500-00 Midwest Uniform Supply, Inc EMS Pants - DBrackett 59.99 59.9907/31/2017

001-0605-68600-00 Office Specialists, Inc. Nitrile gloves 140.00 140.0007/31/2017

001-0605-68600-00 Office Specialists, Inc. Nitrile gloves 64.55 64.5507/31/2017

$6,674.10Subtotal for Division: 0605

001-0630-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 5.74 5.7407/31/2017

$5.74Subtotal for Division: 0630

$434,066.52Subtotal for Fund: 001

011-0000-66000-00 Cargill Salt, Inc. Bulk Rock Salt per Contract PSD 4018144-01 14,108.96 0000090909 14,108.9607/31/2017

011-0000-66000-00 Valley Construction Co, Inc. HOT MIX ASPHALT 1,085.40 0000090912 1,085.4007/31/2017

011-0000-66000-00 Valley Construction Co, Inc. HOT MIX ASPHALT 1,625.94 0000090912 1,625.9407/31/2017

011-0000-66000-00 Valley Construction Co, Inc. HOT MIX ASPHALT 2,729.16 0000090912 2,729.1607/31/2017

011-0000-66000-00 River City Supply, Inc. HOT MIX ASPHALT 6,816.00 0000090911 6,816.0007/31/2017

011-0000-66000-00 River City Supply, Inc. HOT MIX ASPHALT 5,535.75 0000090911 5,535.7507/31/2017

011-0000-66000-00 Valley Construction Co, Inc. HOT MIX ASPHALT 544.32 0000090912 544.3207/31/2017

011-0000-66000-00 Galesburg Builders Supply, Inc UPM 226.25 0000090915 226.2507/31/2017

011-0000-66000-00 Valley Construction Co, Inc. HOT MIX ASPHALT 2,145.42 0000090912 2,145.4207/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 6

Account Number Vendor AmountDescription PO NoDate

$34,817.20Subtotal for Division: 0000

$34,817.20Subtotal for Fund: 011

013-0000-51000-00 Bruner, Cooper and Zuck, Inc. Construction Engineering Services for Lead Service Line Replacem 4,353.97 0000090831 4,353.9707/31/2017

013-0000-66000-00 Galesburg Electric, Inc. 6 Gardco lighting 1,593.90 1,593.9007/31/2017

013-0000-75000-00 Hein Construction Co, Inc Rotary Park Improvements as per contract. 7,090.00 0000090483 7,090.0007/31/2017

013-0000-76000-00 Hein Construction Co, Inc Rotary Park Improvements as per contract. 5,300.00 0000090483 5,300.0007/31/2017

$18,337.87Subtotal for Division: 0000

$18,337.87Subtotal for Fund: 013

014-0000-51000-00 Bolin's Marathon Service Towing - Jefferson St 75.00 75.0007/31/2017

014-0000-51000-00 Bruner, Cooper and Zuck, Inc. 2017 Materials testing 1,286.57 0000090933 1,286.5707/31/2017

014-0000-51000-00 US Sterling Capital Corp., Inc. Cornerstone Bank 240.00 240.0007/31/2017

014-0000-64500-00 Lee Bros Welding and Sandblasting, Inc Sign bases 628.50 628.5007/31/2017

014-0000-64500-00 Potters Industries, LLC Glass Beads used for traffic paint as per CMS Contract 2641-670- 5,960.00 0000090986 5,960.0007/31/2017

014-0000-64500-00 Sherwin Williams Co. Paint 1,339.20 1,339.2007/31/2017

014-0000-64500-00 Sherwin Williams Co. Paint 502.20 502.2007/31/2017

014-0000-64500-00 Sherwin Williams Co. Paint 1,674.00 1,674.0007/31/2017

014-0000-66000-00 Galesburg Builders Supply, Inc CITY MIX CONCRETE, CL SI 1,417.50 0000090917 1,417.5007/31/2017

014-0000-66000-00 Galesburg Builders Supply, Inc CITY MIX CONCRETE, CL SI 525.00 0000090917 525.0007/31/2017

014-0000-66000-00 Galesburg Electric, Inc. Label cartridge, batteries, conduit, adapter, marking flags,book 202.65 202.6507/31/2017

014-0000-66000-00 Galesburg Builders Supply, Inc CITY MIX CONCRETE, CL SI 525.00 0000090917 525.0007/31/2017

014-0000-66000-00 Galesburg Builders Supply, Inc CITY MIX CONCRETE, CL SI 367.50 0000090917 367.5007/31/2017

014-0000-66000-00 Galesburg Builders Supply, Inc CITY MIX CONCRETE, CL SI 682.50 0000090917 682.5007/31/2017

014-0000-83100-00 Bruner, Cooper and Zuck, Inc. Construction Engineering for the East Main Street Underpass Proj 21,402.26 0000090854 21,402.2607/31/2017

$36,827.88Subtotal for Division: 0000

$36,827.88Subtotal for Fund: 014

016-0000-22002-00 Illinois State Police Asset Seizure & Forfeiture Seizure Funds #6013350 749.00 749.0007/31/2017

016-0000-22002-00 Illinois State Police Asset Seizure & Forfeiture Seizure Funds #6012344 411.36 411.3607/31/2017

016-0000-51000-00 US Sterling Capital Corp., Inc. Main Street Bank 240.00 240.0007/31/2017

$1,400.36Subtotal for Division: 0000

$1,400.36Subtotal for Fund: 016

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 7

Account Number Vendor AmountDescription PO NoDate

018-0000-65500-00 Michael Todd & Co., Inc. Elgin Bolt on Gutter Broom with Threaded Block 1,312.80 0000091006 1,312.8007/31/2017

018-0000-65500-00 Michael Todd & Co., Inc. Elgin Tube Broom 66" Standard 1,350.44 0000091006 1,350.4407/31/2017

018-0000-65500-00 Michael Todd & Co., Inc. Baffle Strips 269.76 269.7607/31/2017

018-0000-66000-00 Slavish, Inc. Grade rings 1,488.00 1,488.0007/31/2017

$4,421.00Subtotal for Division: 0000

$4,421.00Subtotal for Fund: 018

019-0000-20103-00 Laverdiere Construction, Inc. Retainage - Playground equip install -15,727.00-15,727.0007/31/2017

019-0000-33385-00 Barb Haurberg Refund of Security Deposit for 7/8/17 rental 300.00 300.0007/31/2017

019-0000-33386-00 Ivete Younes Full refund for Swim Team swimsuit 35.00 35.0007/31/2017

019-0000-33389-00 Mary Benejam Full refund for Lake Storey Shelter - 9/10/17 Rental 30.00 30.0007/31/2017

$-15,362.00Subtotal for Division: 0000

019-1905-51000-00 Collection Professionals, Inc 06/17 Service 8.15 8.1507/31/2017

019-1905-51500-00 Register Mail, Inc. Rec ads #123188-02 140.00 140.0007/31/2017

019-1905-61000-00 Office Specialists, Inc. Legal pad 6.99 6.9907/31/2017

019-1905-61000-00 Office Specialists, Inc. Scissors 6.36 6.3607/31/2017

019-1905-61000-00 Office Specialists, Inc. Sheet protector, pens, paper 48.43 48.4307/31/2017

$209.93Subtotal for Division: 1905

019-1910-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges - PSB 219.88 219.8807/31/2017

019-1910-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges - CH 89.86 89.8607/31/2017

019-1910-55500-00 Harvey Brothers, Inc. 4 A87 belts - PSB 77.52 77.5207/31/2017

019-1910-55700-00 Mechanical Service Inc. Repairs to AC - CH 137.67 137.6707/31/2017

019-1910-55700-00 Mechanical, Inc Service call for AC - CH 220.00 220.0007/31/2017

019-1910-55700-00 Getz Fire Equipment Co., Inc. Annual Service of Portable Extinguisher - PSB 65.00 65.0007/31/2017

019-1910-55700-00 American Pest Control Inc 07/17 Service - CH 30.00 30.0007/31/2017

019-1910-55700-00 Getz Fire Equipment Co., Inc. Annual Service of Portable Extinguisher - PSB 260.25 260.2507/31/2017

019-1910-55700-00 Tee Jay Central, Inc. Repairs to outer door - CH 524.20 524.2007/31/2017

019-1910-55700-00 American Pest Control Inc 07/17 Service - PSB 30.00 30.0007/31/2017

019-1910-57500-00 Aramark Uniform Serv. Inc. 07/17 Service - PSB 51.35 51.3507/31/2017

019-1910-57500-00 Aramark Uniform Serv. Inc. 07/17 Service - PSB 51.35 51.3507/31/2017

019-1910-59300-00 Getz Fire Equipment Co., Inc. First aid supplies - CH 63.05 63.0507/31/2017

019-1910-65000-00 Office Specialists, Inc. Cleaner - PSB 27.51 27.5107/31/2017

019-1910-65000-00 Office Specialists, Inc. Coffee filter, plates,forks - PSB 156.36 156.3607/31/2017

019-1910-65000-00 Office Specialists, Inc. Cups - PSB 43.56 43.5607/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 8

Account Number Vendor AmountDescription PO NoDate

019-1910-65000-00 Office Specialists, Inc. Tissue - PSB 43.00 43.0007/31/2017

019-1910-65000-00 Office Specialists, Inc. Liners, rubber bands - PSB 33.68 33.6807/31/2017

019-1910-66000-00 Michael Ingles Reimburse for Microwave - PSB 129.00 129.0007/31/2017

$2,253.24Subtotal for Division: 1910

019-1915-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 145.31 145.3107/31/2017

019-1915-55700-00 Bailey Excavating, Inc Service call for pump 125.71 125.7107/31/2017

019-1915-55700-00 Lee Bros Welding and Sandblasting, Inc Repair cast iron light pole 288.00 288.0007/31/2017

019-1915-55700-00 Laverdiere Construction, Inc. Install remaining equipment (non-bond portion) 13,969.88 0000091001 13,969.8807/31/2017

019-1915-55700-00 Robin Kunzer Flag repair 39.00 39.0007/31/2017

019-1915-55700-00 American Pest Control Inc 07/17 Service 30.00 30.0007/31/2017

019-1915-55700-00 Knox County Landfill 06/17 Service 218.52 218.5207/31/2017

019-1915-55700-00 Tyco Integrated Security 08/17-10/17 Recurring Service 189.30 189.3007/31/2017

019-1915-55700-00 American Pest Control Inc 07/17 Service 40.00 40.0007/31/2017

019-1915-56000-00 Terry Allen, Inc Lake Storey Park 990.00 0000090900 990.0007/31/2017

019-1915-56000-00 Terry Allen, Inc Lake Storey Park 160.00 0000090900 160.0007/31/2017

019-1915-56000-00 Terry Allen, Inc Lake Storey Park 110.00 0000090900 110.0007/31/2017

019-1915-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 61.17 61.1707/31/2017

019-1915-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 63.16 63.1607/31/2017

019-1915-62500-00 MTI Distributing, Inc Gauge wheel #525 226.69 226.6907/31/2017

019-1915-62500-00 Hydraulic & Industrial Products, LLC Hose #531 68.95 68.9507/31/2017

019-1915-62500-00 Hydraulic & Industrial Products, LLC Fitting #522 4.38 4.3807/31/2017

019-1915-62500-00 Carquest of Galesburg Fuel filter #549 4.06 4.0607/31/2017

019-1915-62510-00 Herr Petroleum Corp 510.1 gal diesel #2, 444 gal reg unleaded 1,778.60 0000090893 1,778.6007/31/2017

019-1915-65000-00 Alan Environmental Products, Inc Dumpster Deodorizer 881.15 881.1507/31/2017

019-1915-66000-00 Vulcan, Inc. Sign blanks 200.04 200.0407/31/2017

019-1915-66000-00 Galesburg Electric, Inc. Red bulbs 204.70 204.7007/31/2017

019-1915-66500-00 Tri-State Water Skimmer net 20.18 20.1807/31/2017

019-1915-68500-00 Tri-State Water Misc chemicals 74.45 74.4507/31/2017

019-1915-68500-00 Tri-State Water Misc chemicals 59.36 59.3607/31/2017

019-1915-68500-00 Tri-State Water Misc chemicals 97.48 97.4807/31/2017

019-1915-68500-00 Tri-State Water Misc chemicals 84.68 84.6807/31/2017

019-1915-68500-00 Tri-State Water Misc chemicals 74.20 74.2007/31/2017

019-1915-68500-00 Tri-State Water Misc chemicals 98.86 98.8607/31/2017

019-1915-68500-00 Tri-State Water Misc chemicals 59.36 59.3607/31/2017

019-1915-68500-00 Tri-State Water Misc chemicals 59.36 59.3607/31/2017

$20,426.55Subtotal for Division: 1915

019-1920-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 76.48 76.4807/31/2017

019-1920-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

019-1920-55700-00 Robin Kunzer Flag repair 20.00 20.0007/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 9

Account Number Vendor AmountDescription PO NoDate

019-1920-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 8.04 8.0407/31/2017

019-1920-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 8.04 8.0407/31/2017

019-1920-61000-00 Office Specialists, Inc. Toner, paper 150.76 150.7607/31/2017

019-1920-61000-00 Office Specialists, Inc. Namebadge 14.25 14.2507/31/2017

019-1920-62510-00 Herr Petroleum Corp 197.5 gal diesel #2, 140.1 gal reg unleaded 630.46 0000090894 630.4607/31/2017

019-1920-63500-00 Advanced Turf Solutions Misc supplies 1,911.00 1,911.0007/31/2017

019-1920-63500-00 Winfield Solutions, LLC Cutless MEC Agency 2.5g 930.00 930.0007/31/2017

019-1920-63500-00 Winfield Solutions, LLC Foltec SB AND 40.8lb 990.00 990.0007/31/2017

019-1920-64000-00 The CIT Group Apparel 456.93 456.9307/31/2017

019-1920-64000-00 HORNUNG'S GOLF PRODUCTS, INC Leather gloves, tour wrap, midsize pistol putter 228.05 228.0507/31/2017

019-1920-64000-00 AHEAD, LLC Misc apparel 404.34 404.3407/31/2017

019-1920-64000-00 Acushnet Company Misc apparel 273.52 273.5207/31/2017

019-1920-64000-00 Acushnet Company Misc apparel 86.24 86.2407/31/2017

019-1920-64125-00 Butch's Pizza Inc. Pizza 18.45 18.4507/31/2017

019-1920-64125-00 SCNS SPORTS FOODS Misc concessions 100.80 100.8007/31/2017

019-1920-64125-00 Office Specialists, Inc. Plastic cups 73.44 73.4407/31/2017

019-1920-64125-00 Boxcar Express Sandwiches 469.90 469.9007/31/2017

019-1920-64125-00 Armour-Eckrich Meats, LLC Beef franks 59.20 59.2007/31/2017

019-1920-64125-00 Armour-Eckrich Meats, LLC Beef franks 59.20 59.2007/31/2017

019-1920-66000-00 Vulcan, Inc. Sign blanks 101.04 101.0407/31/2017

019-1920-88300-00 Yamaha Motor Corp., USA 2017 lease of 48 golf carts and 1 utility vehicle as per bid. I 5,924.64 0000090902 5,924.6407/31/2017

$13,009.78Subtotal for Division: 1920

019-1925-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 66.92 66.9207/31/2017

$66.92Subtotal for Division: 1925

019-1930-55700-00 AMP Electrical Services, Inc. Repairs to Gas Line for Waters Slide at Lake Storey 3,224.82 0000091005 3,224.8207/31/2017

019-1930-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 633.36 633.3607/31/2017

019-1930-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 57.66 57.6607/31/2017

019-1930-64125-00 G & M Distributors, Inc. Soda, gatorade, water 1,233.60 1,233.6007/31/2017

019-1930-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 58.00 58.0007/31/2017

$5,207.44Subtotal for Division: 1930

019-1935-51500-00 WMOI - FM Radio ads 300.00 300.0007/31/2017

019-1935-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 30.59 30.5907/31/2017

019-1935-55700-00 American Pest Control Inc 07/17 Service 35.00 35.0007/31/2017

019-1935-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 378.04 378.0407/31/2017

019-1935-57500-00 Aramark Uniform Serv. Inc. 06/17 Service 378.04 378.0407/31/2017

019-1935-57500-00 Aramark Uniform Serv. Inc. 05/17 Service 378.04 378.0407/31/2017

019-1935-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 378.04 378.0407/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 10

Account Number Vendor AmountDescription PO NoDate

019-1935-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 378.04 378.0407/31/2017

019-1935-65000-00 Office Specialists, Inc. Misc supplies 51.80 51.8007/31/2017

019-1935-66000-00 Galesburg Electric, Inc. Misc supplies 27.19 27.1907/31/2017

$2,334.78Subtotal for Division: 1935

019-1940-64000-00 Go Van Gogh's Swim team shirts 233.00 233.0007/31/2017

019-1940-64000-00 Go Van Gogh's Swim team shirts 46.00 46.0007/31/2017

019-1940-64125-00 G & M Distributors, Inc. Soda, gatorade, water 156.18 156.1807/31/2017

019-1940-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 72.45 72.4507/31/2017

019-1940-64125-00 G & M Distributors, Inc. Soda, gatorade, water 48.42 48.4207/31/2017

019-1940-64125-00 G & M Distributors, Inc. Water 24.42 24.4207/31/2017

019-1940-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 118.58 118.5807/31/2017

019-1940-66000-00 Galesburg Electric, Inc. Connectors 14.76 14.7607/31/2017

019-1940-66500-00 Rainbow Group, LLC Long rake 272.00 272.0007/31/2017

$985.81Subtotal for Division: 1940

019-1945-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 34.42 34.4207/31/2017

019-1945-55700-00 American Pest Control Inc 07/17 Service 20.00 20.0007/31/2017

019-1945-65000-00 Office Specialists, Inc. Misc supplies 51.81 51.8107/31/2017

$106.23Subtotal for Division: 1945

019-1950-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 929.20 929.2007/31/2017

019-1950-55700-00 American Pest Control Inc 07/17 Service 25.00 25.0007/31/2017

019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 135.50 135.5007/31/2017

019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 174.80 174.8007/31/2017

019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 282.00 282.0007/31/2017

019-1950-64125-00 G & M Distributors, Inc. Soda, gatorade, water 136.03 136.0307/31/2017

019-1950-64125-00 G & M Distributors, Inc. Soda, gatorade, water 387.76 387.7607/31/2017

019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 1,489.49 1,489.4907/31/2017

019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 461.93 461.9307/31/2017

019-1950-64125-00 G & M Distributors, Inc. Soda, gatorade, water 105.83 105.8307/31/2017

019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 298.55 298.5507/31/2017

019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 602.08 602.0807/31/2017

019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 114.85 114.8507/31/2017

019-1950-65000-00 Office Specialists, Inc. Misc supplies 51.80 51.8007/31/2017

019-1950-66000-00 Tri-State Water Misc supplies 1,655.98 1,655.9807/31/2017

019-1950-68500-00 Brenntag Mid-South, Inc Drum return -100.00-100.0007/31/2017

019-1950-68500-00 Brenntag Mid-South, Inc Misc chemicals 1,133.18 1,133.1807/31/2017

019-1950-68500-00 Brenntag Mid-South, Inc Drum return -125.00-125.0007/31/2017

019-1950-68500-00 Tri-State Water Misc chemicals 37.20 37.2007/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 11

Account Number Vendor AmountDescription PO NoDate

019-1950-68500-00 Tri-State Water Misc chemicals 27.98 27.9807/31/2017

019-1950-68500-00 Tri-State Water Deposit refund -12.00-12.0007/31/2017

019-1950-68500-00 Brenntag Mid-South, Inc Misc chemicals 736.51 736.5107/31/2017

019-1950-68500-00 Brenntag Mid-South, Inc Misc chemicals 1,059.03 1,059.0307/31/2017

019-1950-68500-00 Brenntag Mid-South, Inc Misc chemicals 1,124.93 1,124.9307/31/2017

$10,732.63Subtotal for Division: 1950

019-1955-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 208.41 208.4107/31/2017

019-1955-55700-00 Sam F Mangieri 06/17 Cleaning services - Hawthorne Pool 160.00 160.0007/31/2017

019-1955-55700-00 IL Office of the State Fire Marshal Boiler Inspection Certificate 100.00 100.0007/31/2017

019-1955-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

019-1955-68500-00 Brenntag Mid-South, Inc Misc chemicals 199.06 199.0607/31/2017

$682.47Subtotal for Division: 1955

019-1960-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 143.40 143.4007/31/2017

019-1960-55700-00 IL Office of the State Fire Marshal Boiler Inspection Certificate 100.00 100.0007/31/2017

019-1960-55700-00 American Pest Control Inc 07/17 Service 15.00 15.0007/31/2017

$258.40Subtotal for Division: 1960

019-1965-51000-00 Lacky Monument Co. Date of Passing - Pacheco 300.00 300.0007/31/2017

019-1965-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 7.65 7.6507/31/2017

019-1965-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 41.69 41.6907/31/2017

019-1965-57500-00 Aramark Uniform Serv. Inc. 07/17 Service 45.69 45.6907/31/2017

019-1965-59300-00 Getz Fire Equipment Co., Inc. First aid supplies 167.15 167.1507/31/2017

019-1965-62500-00 JC & R Power Equipment Coil #589 19.00 19.0007/31/2017

019-1965-62500-00 MTI Distributing, Inc Control Module #589 301.82 301.8207/31/2017

019-1965-62500-00 MTI Distributing, Inc Air cleaner #588 273.45 273.4507/31/2017

019-1965-62510-00 Herr Petroleum Corp 128.4 gal diesel #2 234.98 0000090895 234.9807/31/2017

$1,391.43Subtotal for Division: 1965

019-1970-55700-00 Howe Overhead Doors, Inc. Repaired gate operator, replaced belt 107.50 107.5007/31/2017

019-1970-55700-00 American Pest Control Inc 07/17 Service 20.00 20.0007/31/2017

019-1970-55700-00 J.P. Benbow, Inc. Checked and serviced AC units 470.00 470.0007/31/2017

019-1970-55700-00 J.P. Benbow, Inc. Checked and serviced rooftop units 169.16 169.1607/31/2017

019-1970-59300-00 Getz Fire Equipment Co., Inc. First aid supplies 205.50 205.5007/31/2017

019-1970-62510-00 Herr Petroleum Corp 337.5 gal diesel #2 610.87 0000090896 610.8707/31/2017

$1,583.03Subtotal for Division: 1970

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 12

Account Number Vendor AmountDescription PO NoDate

019-1975-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 17.21 17.2107/31/2017

019-1975-62500-00 Knapheide Truck Equipment Pintle hitch latch #144 28.50 28.5007/31/2017

019-1975-66000-00 Galesburg Builders Supply, Inc. 7.24 ton CA-5 Stone 148.06 148.0607/31/2017

$193.77Subtotal for Division: 1975

$44,080.41Subtotal for Fund: 019

024-0000-52000-00 Illinois Power Marketing 06/17 Electricity #3293493011 45.31 45.3106/30/2017

024-0000-52000-00 Illinois Power Marketing 06/17 Electricity #8912825001 43.38 43.3806/30/2017

024-0000-88300-00 Breslin's Floor Covering, Inc 08/17 Parking Lot Lease 506.72 506.7207/31/2017

$595.41Subtotal for Division: 0000

$595.41Subtotal for Fund: 024

025-0000-12001-00 Ok Hyon Curtis Revolving Loan - Ok Hyon Curtis dba Koreana 20,000.00 20,000.0007/31/2017

$20,000.00Subtotal for Division: 0000

$20,000.00Subtotal for Fund: 025

030-0000-20102-00 WGIL/WAAG/WLSR, Inc. Radio ads 445.00 445.0007/31/2017

030-0000-20102-00 Getz Fire Equipment Co., Inc. Annual Service of Portable Extinguisher 216.30 216.3007/31/2017

030-0000-20102-00 WGIL/WAAG/WLSR, Inc. Radio ads 445.00 445.0007/31/2017

$1,106.30Subtotal for Division: 0000

030-0320-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 22.37 22.3707/31/2017

$22.37Subtotal for Division: 0320

030-0370-51000-00 Baker Tilly Virchow Krause, LLP Services in connection with 12/31/16 audit 2,315.00 2,315.0007/31/2017

030-0370-51500-00 Register Mail, Inc. Auction Ads- GT #2001304 2.36 2.3607/31/2017

030-0370-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 52.20 52.2007/31/2017

030-0370-59410-00 Galesburg Transit 09/17 Service 91,620.05 91,620.0509/01/2017

$93,989.61Subtotal for Division: 0370

$95,118.28Subtotal for Fund: 030

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 13

Account Number Vendor AmountDescription PO NoDate

049-0000-51000-00 Massie Massie & Associates, Inc Electrical engineering service estimated $5800 120.00 0000090944 120.0007/31/2017

049-0000-51000-00 Massie Massie & Associates, Inc Park Plaza & Parking Lot E Desgn/Construction Mgt Services (T&M) 2,925.00 0000090944 2,925.0007/31/2017

$3,045.00Subtotal for Division: 0000

$3,045.00Subtotal for Fund: 049

052-0000-78010-00 Halverson Construction Co N Seminary St Reconstruction Fremont to Grove 80,319.92 0000090891 80,319.9207/31/2017

052-0000-78010-00 Gunther Construction Co., a div. of UCM, Inc Jefferson Street Reconstruction 69,336.88 0000090948 69,336.8807/31/2017

052-0000-78050-00 Gunther Construction Co., a div. of UCM, Inc Jefferson Street Reconstruction Storm Drain 7,657.85 0000090948 7,657.8507/31/2017

052-0000-78050-00 Halverson Construction Co N Seminary St Reconstruction Fremont to Grove 23,639.61 0000090891 23,639.6107/31/2017

052-0000-78070-00 Laverdiere Construction, Inc. Maple Ave Sidewalk Project as per specifications 139,980.82 0000090984 139,980.8207/31/2017

052-0000-78070-00 Halverson Construction Co N Seminary St Reconstruction Fremont to Grove 11,083.30 0000090891 11,083.3007/31/2017

052-0000-78070-00 Gunther Construction Co., a div. of UCM, Inc Jefferson Street Reconstruction Sidewalk 26,845.98 0000090948 26,845.9807/31/2017

$358,864.36Subtotal for Division: 0000

$358,864.36Subtotal for Fund: 052

057-0000-51000-00 US Sterling Capital Corp., Inc. Stearns Bank Holdingford Nat'l Assoc 60.17 60.1707/31/2017

057-0000-51000-00 US Sterling Capital Corp., Inc. First Nat'l Bank Paragould 120.99 120.9907/31/2017

057-0000-61700-00 Southern Computer Warehouse Speaker 17.01 17.0107/31/2017

057-0000-61700-00 Southern Computer Warehouse LED monitor, HP Smart buy pro 870.31 870.3107/31/2017

057-0000-61700-00 Southern Computer Warehouse LED monitor, HP Smart buy pro 870.31 870.3107/31/2017

057-0000-61700-00 Southern Computer Warehouse Wireless keyboard/mouse 44.91 44.9107/31/2017

057-0000-61700-00 Southern Computer Warehouse Wireless keyboard/mouse 44.91 44.9107/31/2017

057-0000-61700-00 Southern Computer Warehouse Speaker 17.01 17.0107/31/2017

$2,045.62Subtotal for Division: 0000

$2,045.62Subtotal for Fund: 057

059-0000-51000-00 US Sterling Capital Corp., Inc. Patriot Bank 120.99 120.9907/31/2017

059-0000-51000-00 Houseal Lavigne Associates Comp Plan Professional Services Agreement 10,416.77 0000090968 10,416.7707/31/2017

059-0000-51000-00 US Sterling Capital Corp., Inc. Stearns Bank Upsala Nat'l Assoc 120.33 120.3307/31/2017

059-0000-51000-00 Houseal Lavigne Associates Park and Rec Plan Professional Services Agreement 4,812.10 0000090969 4,812.1007/31/2017

059-0000-55700-00 Laverdiere Construction, Inc. Install remaining equipment 13,700.12 0000091001 13,700.1207/31/2017

059-0000-55700-00 Laverdiere Construction, Inc. Install Remaining Park Items 4,040.22 0000091001 4,040.2207/31/2017

059-0000-55700-00 Laverdiere Construction, Inc. Install Remaining Park Items 2,198.05 0000091001 2,198.0507/31/2017

059-0000-76000-00 Laverdiere Construction, Inc. Install Prime Time Modular 5-12 Unit 29,000.00 0000091001 29,000.0007/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 14

Account Number Vendor AmountDescription PO NoDate

059-0000-76000-00 Laverdiere Construction, Inc. Install PrimeTime Modular 2-5 unit 26,801.95 0000091001 26,801.9507/31/2017

059-0000-76000-00 Laverdiere Construction, Inc. InstallPowerscape Modular 5-12 Unit 35,400.00 0000091001 35,400.0007/31/2017

059-0000-76000-00 Laverdiere Construction, Inc. Install PrimeTime Modular 2-5 unit 32,159.78 0000091001 32,159.7807/31/2017

$158,770.31Subtotal for Division: 0000

$158,770.31Subtotal for Fund: 059

061-0000-20101-00 CHARLES MUNSON Refund Check 77.66 77.6607/10/2017

061-0000-20101-00 D&M HILLSIDE ENTERPRISES LLC Refund Check 45.05 45.0507/10/2017

061-0000-20101-00 DAVID SWARD Refund Check 76.00 76.0007/10/2017

061-0000-20101-00 BARBARA BUZICK Refund Check 25.53 25.5307/10/2017

061-0000-20101-00 DAVID SCHOENWETTER Refund Check 98.03 98.0307/10/2017

061-0000-20101-00 DAVID WASENFELDT Refund Check 57.86 57.8607/10/2017

061-0000-20101-00 DEREK ANTOINE Refund Check 29.69 29.6907/10/2017

061-0000-20101-00 FERGS DIESEL SERVICE INC Refund Check 28.18 28.1807/10/2017

061-0000-20101-00 GREGORY WOLF Refund Check 69.16 69.1607/10/2017

061-0000-20101-00 MARGARET MANSFIELD Refund Check 120.00 120.0007/27/2017

061-0000-20101-00 DONNA GARVIN Refund Check 72.28 72.2807/28/2017

061-0000-20101-00 JACKIE NELSON Refund Check 89.66 89.6607/28/2017

061-0000-20101-00 MARY KNOP Refund Check 1.96 1.9607/28/2017

061-0000-20101-00 TRACY SHAMBLIN Refund Check 3.79 3.7907/28/2017

061-0000-20101-00 DANIEL HUNT Refund Check 105.61 105.6107/28/2017

061-0000-20101-00 JEFF PICKARD Refund Check 55.45 55.4507/28/2017

061-0000-20101-00 MATTHEW BERNARDI Refund Check 91.73 91.7307/28/2017

061-0000-20101-00 MIRANDA CONSTRUCTION LLC Refund Check 122.14 122.1407/28/2017

061-0000-20101-00 NIKIYA NICHOLSON Refund Check 8.01 8.0107/28/2017

061-0000-20101-00 TONTON ABEDI Refund Check 11.12 11.1207/28/2017

061-0000-20101-00 CONSTANCE LEATH ESTATE Refund Check 34.46 34.4607/28/2017

061-0000-20101-00 DANIEL HINCKLEY Refund Check 106.27 106.2707/28/2017

061-0000-20101-00 KYMBER BEERS Refund Check 16.84 16.8407/28/2017

061-0000-20101-00 LINDA NEAVE Refund Check 103.23 103.2307/28/2017

061-0000-20101-00 RAYMOND DEL VALLE HERNANDEZ Refund Check 39.88 39.8807/28/2017

061-0000-20101-00 THEODORE HUNTER Refund Check 23.83 23.8307/28/2017

061-0000-20101-00 BRITTANY GAGNE Refund Check 53.15 53.1507/10/2017

061-0000-20101-00 ADRIEANNA LAVIOLETTE Refund Check 4.76 4.7607/10/2017

061-0000-20101-00 JACKIE NELSON Refund Check 103.23 103.2307/10/2017

061-0000-20101-00 BERNADETTE NSIMBA Refund Check 27.89 27.8907/10/2017

061-0000-20101-00 HEATHER MASTIN Refund Check 82.10 82.1007/10/2017

061-0000-20101-00 JOAN PACHECO Refund Check 83.94 83.9407/10/2017

061-0000-20101-00 KIMBERLY DESCHAMPS Refund Check 51.78 51.7807/10/2017

061-0000-20101-00 THOMAS HATFIELD III Refund Check 127.75 127.7507/20/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 15

Account Number Vendor AmountDescription PO NoDate

061-0000-20101-00 TAMMIE WEAVER Refund Check 26.87 26.8707/20/2017

061-0000-20101-00 SCHAHRAZEDE LONGOU Refund Check 82.91 82.9107/20/2017

061-0000-20101-00 RONALD WELLS Refund Check 103.32 103.3207/20/2017

061-0000-20101-00 MARY ROUSE Refund Check 22.81 22.8107/20/2017

061-0000-20101-00 MARY MCCONE Refund Check 96.49 96.4907/20/2017

061-0000-20101-00 MARSHA ENGLE Refund Check 109.74 109.7407/20/2017

061-0000-20101-00 LISA PURLEE Refund Check 58.76 58.7607/20/2017

061-0000-20101-00 LAWRENCE BREITBORDE Refund Check 2.68 2.6807/20/2017

061-0000-20101-00 KELLY HEALEY Refund Check 95.61 95.6107/20/2017

061-0000-20101-00 JULIE KNETL Refund Check 13.99 13.9907/20/2017

061-0000-20101-00 JAKE SETTANNI Refund Check 35.11 35.1107/20/2017

061-0000-20101-00 ABINGDON BANKING CENTER Refund Check 82.33 82.3307/20/2017

061-0000-20101-00 JAY ANDERSON Refund Check 108.95 108.9507/20/2017

061-0000-20101-00 HOLLY CHANDLER Refund Check 40.18 40.1807/20/2017

061-0000-20101-00 ERIK GIBSON Refund Check 47.57 47.5707/20/2017

061-0000-20101-00 DICKENS LOKELA Refund Check 38.70 38.7007/20/2017

061-0000-20101-00 DEBRA HARE Refund Check 25.85 25.8507/20/2017

061-0000-20101-00 BRANDON FRAZIER Refund Check 75.82 75.8207/20/2017

061-0000-20101-00 ANITA MITCHELL Refund Check 19.74 19.7407/20/2017

061-0000-20101-00 ALFRED AYALA JR Refund Check 91.95 91.9507/20/2017

061-0000-20101-00 ALFRED AYALA JR Refund Check 69.40 69.4007/20/2017

061-0000-20101-00 REBECCA THOMAS Refund Check 107.25 107.2507/19/2017

061-0000-20101-00 KATHY CLIFFORD Refund Check 82.19 82.1907/19/2017

061-0000-20101-00 UNITED METHODIST CHURCH Refund Check 112.00 112.0007/19/2017

061-0000-20101-00 GREAT LAKES AERIAL Refund Hydrant Meter Deposits 403.29 403.2907/31/2017

061-0000-20101-00 HOOD DEMOLITION & EXCAVATION Refund Hydrant Meter Deposits 308.25 308.2507/31/2017

061-0000-20101-00 VALERIE BRIMBLE Refund Check 37.98 37.9807/10/2017

061-0000-20101-00 TROY TURNER Refund Check 36.79 36.7907/10/2017

061-0000-20101-00 TIMOTHY SMITH Refund Check 80.34 80.3407/10/2017

061-0000-20101-00 TERRY UNGER Refund Check 46.29 46.2907/10/2017

061-0000-20101-00 SUSAN OGLE Refund Check 55.59 55.5907/10/2017

061-0000-20101-00 SHAQUIDA HUGHES Refund Check 14.18 14.1807/10/2017

061-0000-20101-00 SANDRA CAPE Refund Check 100.85 100.8507/10/2017

061-0000-20101-00 DAYMARK FINANCIAL ACCEPTANCE Refund Check 108.32 108.3207/27/2017

061-0000-20101-00 JESSIE FREAUF Refund Check 13.02 13.0207/27/2017

061-0000-20101-00 R BLAINE SPIVEY Refund Check 34.49 34.4907/10/2017

061-0000-20101-00 NANCY HALL Refund Check 22.72 22.7207/10/2017

061-0000-20101-00 MEGAN SOSA Refund Check 42.69 42.6907/10/2017

061-0000-20101-00 MARK MARTIN Refund Check 118.08 118.0807/10/2017

061-0000-20101-00 LORI SCHROEDER Refund Check 5.74 5.7407/10/2017

061-0000-20101-00 LEAANNA CAUTHON Refund Check 41.35 41.3507/10/2017

061-0000-20101-00 LAUREN NAPIER Refund Check 22.60 22.6007/10/2017

061-0000-20101-00 FORREST BARTON Refund Check 64.25 64.2507/27/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 16

Account Number Vendor AmountDescription PO NoDate

061-0000-20101-00 MORGAN TORKELSON Refund Check 100.00 100.0007/27/2017

061-0000-20101-00 KIMBERLY DESCHAMPS Refund Check 68.22 68.2207/27/2017

061-0000-20404-00 IL Environmental Protection Agency 09/17 Semi-annual loan payment 20,702.86 20,702.8607/31/2017

061-0000-51000-00 Knox County Recorders Office 06/17 Laredo 20.00 20.0007/31/2017

061-0000-51000-00 Klingner & Associates P.C. GAC Pilot Filter Study 426.59 0000090874 426.5907/31/2017

061-0000-51000-00 US Sterling Capital Corp., Inc. First Community Bank of the Heartland 125.52 125.5207/31/2017

061-0000-51000-00 PDC Laboratories, Inc. Water testing, fluoride probe 4,180.00 4,180.0007/31/2017

061-0000-51000-00 PDC Laboratories, Inc. Water testing 1,052.00 1,052.0007/31/2017

061-0000-51000-00 US Sterling Capital Corp., Inc. Industrial & Commercial Bank of China 240.00 240.0007/31/2017

061-0000-51000-00 US Sterling Capital Corp., Inc. New Omni Bank 81.53 81.5307/31/2017

061-0000-51000-00 US Sterling Capital Corp., Inc. First Nat'l Bank of Weatherford 120.99 120.9907/31/2017

061-0000-51000-00 Collection Professionals, Inc 06/17 Service 195.75 195.7507/31/2017

061-0000-51000-00 Collection Professionals, Inc 06/17 Service 534.40 534.4007/31/2017

061-0000-51000-00 Bruce Bonczyk 06/17 Legal Services 33,531.52 33,531.5207/31/2017

061-0000-52000-00 Illinois Power Marketing 06/17 Electricity #GMCGAL1002 44,095.25 44,095.2506/30/2017

061-0000-52300-00 Nicor Gas 06/17 Heat #14511554116 216.14 216.1406/30/2017

061-0000-52300-00 Nicor Gas 06/17 Heat #20727010009 52.13 52.1306/30/2017

061-0000-52300-00 Nicor Gas 05/17 Heat Adj #20727010009 -28.77-28.7706/30/2017

061-0000-52500-00 Galesburg Sanitary Dist. 04/17-06/17 Sewer User Charges 36.33 36.3307/31/2017

061-0000-55500-00 AMP Electrical Services, Inc. Gravel pack #3 starter cabinet 497.50 497.5007/31/2017

061-0000-55700-00 Waste Management, Inc. 07/17 Service 83.40 83.4007/31/2017

061-0000-55700-00 Neil Thomas Plumbing & Heating, Inc Repairs to AC 1,791.00 1,791.0007/31/2017

061-0000-55700-00 Waste Management, Inc. 07/17 Service 15.97 15.9707/31/2017

061-0000-55700-00 American Pest Control Inc 07/17 Service 45.00 45.0007/31/2017

061-0000-55700-00 American Pest Control Inc 07/17 Service 60.00 60.0007/31/2017

061-0000-55700-00 American Pest Control Inc 07/17 Service 30.00 30.0007/31/2017

061-0000-61000-00 Office Specialists, Inc. Paper, pens 48.42 48.4207/31/2017

061-0000-65000-00 Office Specialists, Inc. Towels, bleach 48.36 48.3607/31/2017

061-0000-65000-00 Office Specialists, Inc. Sanitizer, mop handle, cleaner 38.88 38.8807/31/2017

061-0000-66000-00 HD Supply Waterworks, Ltd Macro di couplings 830.00 830.0007/31/2017

061-0000-66000-00 HD Supply Waterworks, Ltd Macro di couplings 465.00 465.0007/31/2017

061-0000-66000-00 HD Supply Waterworks, Ltd Macro di coupling 270.00 270.0007/31/2017

061-0000-66000-00 HD Supply Waterworks, Ltd PVC pipe markings, Flg acc rr ff 304ss 804.30 804.3007/31/2017

061-0000-66000-00 HD Supply Waterworks, Ltd Macro di coupling 395.00 395.0007/31/2017

061-0000-66000-00 HD Supply Waterworks, Ltd Oak wedge 330.00 330.0007/31/2017

061-0000-66000-00 Galesburg Builders Supply, Inc PORTLAND CEMENT CONCRETE, CL PP2 MIX (SPECIAL HOT MIX) DELIVERED 400.75 0000090936 400.7507/31/2017

061-0000-66000-00 Sherwin Williams Co. Gold paint for shovels 9.38 9.3807/31/2017

061-0000-66000-00 HD Supply Waterworks, Ltd Macro di couplings 1,080.00 1,080.0007/31/2017

061-0000-66500-00 Ditch Witch-Iowa Inc. UTILIGUARD STD RECEIVER W/ BLUETOOTH 4,150.64 0000091004 4,150.6407/31/2017

061-0000-68500-00 Brenntag Mid-South, Inc Drum return -2,250.00-2,250.0007/31/2017

061-0000-68500-00 Brenntag Mid-South, Inc Drum return -3,000.00-3,000.0007/31/2017

061-0000-68500-00 Brenntag Mid-South, Inc Liquid Chlorine (2017) for Water Division as per your bid. 3,522.00 0000090889 3,522.0007/31/2017

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 17

Account Number Vendor AmountDescription PO NoDate

$120,571.12Subtotal for Division: 0000

$120,571.12Subtotal for Fund: 061

067-0000-51000-00 Knox County Recorders Office 06/17 Laredo 20.00 20.0007/31/2017

067-0000-51500-00 Register Mail, Inc. Paint recycling ads #100165-03 160.00 160.0007/31/2017

067-0000-59501-00 Knox County Landfill 06/17 Service 26,962.92 26,962.9207/31/2017

067-0000-59502-00 Waste Management, Inc. 07/17 Refuse Removal 155,672.46 155,672.4607/31/2017

$182,815.38Subtotal for Division: 0000

$182,815.38Subtotal for Fund: 067

078-0000-51000-00 OSF Occupational Medicine PreEmployment Testing 125.00 125.0007/31/2017

078-0000-51000-00 OSF Occupational Medicine PreEmployment Testing 125.00 125.0007/31/2017

078-0000-51000-00 OSF Occupational Medicine Pre employment Testing 125.00 125.0007/31/2017

078-0000-51000-00 Resource Management Services, Inc 07/17-09/17 Consultation & Counceling Services 1,239.00 1,239.0007/31/2017

078-0000-51000-00 US Sterling Capital Corp., Inc. Stearns Bank Holdingford Nat'l Assoc 60.16 60.1607/31/2017

078-0000-56531-00 The Horton Group, Inc. 08/17 Risk Management Consulting & Insurance Brokerage Services 2,445.00 0000090904 2,445.0007/31/2017

078-0000-56532-00 Glasnovich Auto Body Body repairs #507 500.00 500.0007/31/2017

078-0000-56535-00 OSF Occupational Medicine Work comp dos 6/13/17 #1658300 109.51 109.5107/31/2017

078-0000-56535-00 OSF Occupational Medicine Work comp dos 6/07/17 #1658600 71.76 71.7607/31/2017

078-0000-56535-00 OSF Occupational Medicine Work comp dos 6/13/17 #1658400 71.76 71.7607/31/2017

078-0000-56535-00 Central IL Radiological Assoc Work comp dos 7/4/17 #2520662223 45.93 45.9307/31/2017

078-0000-56535-00 Azer Medical Supply, Inc Work comp dos 07/07/17 #12730 60.24 60.2407/31/2017

078-0000-56535-00 OSF Occupational Medicine Work comp dos 6/23/17 #1658500 71.76 71.7607/31/2017

078-0000-56535-00 Azer Medical Supply, Inc Work comp dos 07/07/17 #12730 31.38 31.3807/31/2017

078-0000-56535-00 Specialists in Medical Imaging Work comp dos 6/11/17 #Z3FZ0EM 34.71 34.7107/31/2017

078-0000-56597-00 Galesburg Electric, Inc. Misc supplies for repairs - accident near Hauslein office 120.35 120.3507/31/2017

078-0000-56597-00 Galesburg Electric, Inc. 20" sonotube ns - accident near Hauslein office 61.38 61.3807/31/2017

078-0000-59517-00 OSF Occupational Medicine Drug Test 50.00 50.0007/31/2017

$5,347.94Subtotal for Division: 0000

$5,347.94Subtotal for Fund: 078

Report Total: $1,521,124.66$1,521,124.66

AP-Transactions by Account (08/01/2017 - 4:52 PM) Page 18

___________________________________________________________________________________________________________________________________________________________________________________________

Page 1 of 1

COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Ordinance rezoning from R3A Multi-Family to B2, General Business, 401 South Soangetaha Road, PIN 99-13-276-006.

SUMMARY RECOMMENDATION: The Planning and Zoning (P&Z) Commission held the required public hearing during their July 18, 2017 meeting. On a vote of six ayes (Members Adams, Carlson, Davis, Lufkin, Nygard, Thomas), zero nays and zero abstentions, the P&Z Commission recommended denial of the zoning amendment. The City Manager and Director of Planning & Public Works/City Engineer concur with the P&Z Commission’s recommendation.

BACKGROUND: The petitioner initially submitted the application requesting to turn one existing room in the tenant community building into a banquet facility open to the public and a smaller room into a bar/lounge that would also be open to the public. The larger room is approximately 1,400 square feet, occupant load of 93 per the International Building Code. The smaller room is approximately 392 square feet, occupant load of 26.

The Development Review Committee expressed concerns with the lack of parking and City staff went back to the property owner and obtained additional information. The petitioner later changed his project scope to only include a bar/lounge open to the public. There was still concerns over a lack of parking and traffic flow in the area. North Soangetaha Road is curved and no parking is allowed on either side of the road.

Section 152.151 (B) states existing spaces that are provided shall not be reduced below, or if already below, shall not be further reduced. The existing building has a pool for tenants, a community room and the smaller meeting room. Changing the use of one of the rooms so that it is open to the public changes the demand/need for parking. The paved portion of the property provides approximately 10 existing parking spaces.

Section 152.150 (A) (3) of the Ordinance states whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for the new use. The owner is proposing to change the use of the small meeting room into a bar/lounge. In looking at only the proposed bar/lounge room, the development ordinance would require four additional parking spaces, one of which would need to be an accessible spot.

In summary, there are 10 existing spaces, which the ordinance states should not be reduced. They plan on changing the use of a small room and the ordinance requires four spaces for that use change. This equates to a total of 14 spaces.

BUDGET IMPACT: There would be no anticipated impact upon the budget if the zoning amendment is approved.

SUPPORTING DOCUMENTS: 1. Ordinance2. Zoning map amendment application3. Aerial map indicating existing zoning in the area4. Zoning amendment approval criteria

17-1023

ORDINANCE NO. _________________

WHEREAS, pursuant to a public hearing duly held as required by law, the Planning and Zoning Commission to the City of Galesburg, Illinois, has reported on a proposition to amend the Zoning Map of said City as hereinafter set forth;

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS:

SECTION ONE: The following described real estate shall be, and the same hereby is, rezoned from R-3A, Multi-Family District to B-2, General Business District:

Lots numbered 6 and 13 of Lake Washington Subdivision to the City of Galesburg, Knox County, Illinois, as per plat thereof recorded in Volume 25 of plats, page 76, situated in Knox County, State of Illinois.

SECTION TWO: The Zoning Map of the City of Galesburg shall be, and the same hereby is, changed in accordance with the provisions hereof.

SECTION THREE: 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 , 20____ , by a roll call vote as follows:

Roll Call #:

Ayes: _________________________________________________________________________

______________________________________________________________________________

Nays: _________________________________________________________________________

______________________________________________________________________________

Absent: _______________________________________________________________________

______________________________________________________________________________

ATTEST: ______________________________ John Pritchard, Mayor

____________________________ Kelli R. Bennewitz, City Clerk

W MAIN ST

E MAIN ST

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SPRINGER RD

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S SOANGETAHA RD

MATTISON ST

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/320 0 320 640 960160Feet

401 S Soangetaha RdPlanning & Public Woks DepartmentCITY OF GALESBURGOperating Under Council-Manager Government Since 1957

Division 305 created: April 21, 2017

401 S Soangetaha Rd

The information included in this map is intended to be advisory only and is NOT designed or intended to be used asa substitute for an accurate field survey, as performed by a Registered Land Surveyor, to determine precise property location

Imagery date: 2015

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General Location

CITY OF GALESBURG Planning & Public Works Memo Operating Under Council – Manager Government Since 1957

____________________________________________________________________________                                                                                                                                                                                              Page 1 of 1  

___________________________________________________________________________________________________________________________________________________________________________________________

Zoning Map Amendment approval criteria 152.017 ZONING MAP AMENDMENTS (REZONING)

(F) Map amendment approval criteria. Zoning map amendments may be approved if the City Council reviews all of the following criteria:

(1) The proposed amendment is consistent with the intent of the Comprehensive Plan; (2) The proposed amendment corrects an error or inconsistency or addresses some changing

condition in the area; if the change is inconsistent with the Comprehensive Plan and the rezoning is approved, the Comprehensive Plan should be amended to reflect this change in use;

(3) The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;

(4) The city and other service providers will be able to provide adequate public facilities and services to the subject property, while maintaining adequate levels of service to existing development;

(5) The proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, stormwater management, wildlife and natural resources; and

(6) The subject property is suitable for the proposed zoning classification. (Ord. 10-3277, § 1-2.3, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012) cc: File Copy

___________________________________________________________________________________________________________________________________________________________________________________________

Page 1 of 1

COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Ordinance rezoning from (I) Institutional to (R3A) Multi-family, 167 N Kellogg St, PIN 99-10-486-004.

SUMMARY RECOMMENDATION: The Planning and Zoning (P&Z) Commission held the required public hearing during their July 18, 2017 meeting. On a vote of four ayes (Members Carlson, Lufkin, Nygard, Thomas), two nays (Members Adams, Davis) and zero abstentions, the P&Z Commission recommended approval of the zoning amendment. The City Manager and Director of Planning & Public Works/City Engineer concur with the P&Z Commission’s recommendation.

BACKGROUND: The petitioner is seeking the zoning amendment to allow them to rent the building for residential use by the Oxford House, Inc. A memo from the Oxford House that explains their operation is attached.

BUDGET IMPACT: There would be no anticipated impact upon the budget if the zoning amendment is approved.

SUPPORTING DOCUMENTS: 1. Ordinance2. Zoning map amendment application3. Memo from Oxford House, Inc.4. Aerial map indicating existing zoning in the area5. Zoning amendment approval criteria

17-1024

  ORDINANCE NO. _________________

WHEREAS, pursuant to a public hearing duly held as required by law, the Planning and Zoning Commission to the City of Galesburg, Illinois, has reported on a proposition to amend the Zoning Map of said City as hereinafter set forth;

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF GALESBURG, ILLINOIS: SECTION ONE: The following described real estate shall be, and the same hereby is,

rezoned from R-3A, Multi-Family District to B-2, General Business District:

A part of Sublots 3 & 4 per the 1866 Subdivision of Lots 1-12 in block 14 of the original town, now city of Galesburg, lying in the southeast quarter of Section 10, Township 11 North, Range 1 East of the Fourth Principal Meridian, Knox County, Illinois, and being more particularly bounded and described as follows: Commencing at the southwest corner of Block 14 of the Original Town, now City of Galesburg, thence north along the east right-of-way line of North Kellogg Street, a distance of 247.99 feet to the south line of the north 3 rods of sublot 4 and the point of beginning; from the point of beginning, thence north, continuing along said right-of-way line, a distance of 49.60 feet to the north line of Sublot 4, thence easterly along the north line of said sublot 4 a distance of 181.12 feet, thence north a distance of 99 feet, thence east a distance of 16.88 feet, thence south a distance of 148.5 feet, thence west a distance of 198 feet to the point of beginning, containing .2518 acres, more or less, in Knox County, Illinois.

SECTION TWO: The Zoning Map of the City of Galesburg shall be, and the same hereby is, changed in accordance with the provisions hereof.

SECTION THREE: 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 , 20____ , by a roll call vote as follows: Roll Call #: Ayes: _________________________________________________________________________ ______________________________________________________________________________ Nays: _________________________________________________________________________ ______________________________________________________________________________ Absent: _______________________________________________________________________

______________________________________________________________________________ ATTEST: ______________________________ John Pritchard, Mayor ____________________________ Kelli R. Bennewitz, City Clerk

Oxford House, Inc.

1010 Wayne Avenue, Suite 400 Silver Spring, Maryland 20910

Telephone (301) 587-2916 • Facsimile (301) 589-0302 • E-mail: [email protected] A 501(c)(3) Nonprofit Corporation •# 11535 Combined Federal Campaign/United Way

Winner of the 2003 Harry V. McNeill Award from the American Psychological Association Visit www.oxfordhouse.org for full information about Oxford House™

Oxford House and Zoning – A Legal Memorandum October 10, 2007

How Oxford Houses Work

Oxford House, Inc. is the 501(c)(3) nonprofit umbrella organization for all the

individual Oxford Houses.1 Each Oxford House™ must receive a charter from Oxford House, Inc. to operate as and call itself an Oxford House. To receive a charter a group must be made up of at least six recovering men or women. Oxford House, Inc. does not charter co-ed houses.

Oxford House™ is a self-run, self-supported recovery home concept and standardized system of operation that served as the model for the self-run, self-supported group recovery homes authorized for start-up loans under §2036 of the Anti-Drug Abuse Act of 1988, PL 100-690. Many, but not all, Oxford Houses have been started with a start-up loan from a state recovery home revolving loan fund.2

Oxford House, Inc. [hereinafter referred to OHI] has the exclusive authority to

charter individual Oxford Houses. Any group of six or more recovering individuals of the same sex can request an Oxford House™ charter. OHI grants a charter if the group has six or more individuals in recovery and agrees to meet the three basic conditions of the charter. The three basic conditions are:

• The group must be democratically self-run following the standard system of operation set forth in the Oxford House™ Manual©.

• The group must be financially self-supporting by paying equal shares of household expenses in a timely manner, and

• The group must immediately expel any resident who returns to using alcohol or drugs inside or outside of the house.

Initially, the charter is granted on a conditional basis and each house has about six months to demonstrate that the group understands the concept and system of operation. OHI collects information from the new Oxford House™ to measure whether the group

1 Oxford House, Inc. is a nonprofit umbrella organization incorporated in Delaware. It has its principal place of business at 1010 Wayne Avenue, Suite 400, Silver Spring, Maryland 20910 and is recognized by IRS as qualifying under §501(c)(3) of the U.S. Internal Revenue Code. 2 Beginning in 1989, many states established a self-run, self-supported recovery home start-up loan fund as required under PL 100-690, the Federal Anti-Drug Abuse Act of 1988. Beginning in 2000, the mandate of PL 100-690 was changed to make such loans permissive. Many states still have such loan funds. Whether or not such loan funds exist, the criteria of 42 USC 300 x-25 still applies to self-help group recovery homes established as Oxford Houses.

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2

understands the system of operations. If the group qualifies, OHI permits the group to apply for a permanent charter that also has the three basic conditions noted above.

All Oxford Houses are rented. Practical economic barriers preclude seeking a zoning variance prior to rental. Finding a landlord willing to rent a house to a group of recovering individuals is difficult but it would become impossible if the landlord had to keep his or her property available while the group sought approval of a zoning variance before moving in. Therefore, a group wanting to start an Oxford House™ behaves in the household rental market just like an ordinary family. It finds an available, suitable house and rents it, paying the first month’s rent and security deposit to a willing landlord.

OHI By-laws preclude OHI or its chartered houses from owning residential property because, from its inception in 1975, there was concern that property ownership would divert the organization from its primary focus on recovery from alcoholism and drug addiction.3 The non-accumulation of any real estate assets or other wealth has made a large contribution to the success of Oxford House over the last 32 years. Many groups – whether made up of recovering individuals or not – face all kinds of disputes and selfish infighting when property, money or wealth is at stake. Oxford House deliberately avoids that temptation.

Since recovering alcoholics and drug addicts, wanting an Oxford House™ charter, know that only rental property qualifies, they are forced to find a suitable house to rent if they want to establish an Oxford House™. The first month’s rent and security deposit are usually covered by the small [up to $4,000] start-up loan available from the State Revolving Loan Fund where they are available. The group must then quickly fill the house so that the weekly share of household expenses required from each resident can be accumulated fast enough to pay the next month’s rent and other household expenses.4 The system of operation for each self-run, self-supported recovery house depends upon the election of five officers and a weekly house meeting to decide issues and follow the procedures necessary to keep a house functioning well. While OHI will charter houses

3 In 1975, the Oxford House model drew extensively from the experience of Alcoholics Anonymous that had been founded forty years earlier. Great debates had taken place among early AA members about the wisdom of owning anything. The fear was that recovering alcoholics would get into fights over money and property leading to individual relapse and a weakening of its overall program. At about the time OHI was established there was also a national scandal involving SYNANON, a therapeutic community for recovering heroin addicts. The founders of that program became involved in a dispute over ownership of property and businesses. Both of these factors influenced the early OHI decisions and subsequent success of the program has affirmed the policy precluding ownership by the organization of property. 4 Nationally the average weekly household expense per resident is about $87. Currently the average in Maryland Oxford Houses is $88 with a range among houses of $75 to $120. The weekly household share is the same for every resident of the house and covers all the household expenses – rent the group pays the landlord, utility bills and general household supplies. Each resident provides his own food and cooks his own meals. The group as a whole fixes the weekly equal share of expenses depending on the operational costs to maintain the house but OHI helps them establish an amount at a level that will cover household expenses within a framework that encourages the group to have two beds per sleeping area. This latter consideration discourages isolation and loneliness, which both contribute to recidivism.

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3

that have at least six residents, experience has shown that houses with eight to twelve residents work best. The average number of residents per house nationally is 8.2.

Each Oxford House™ has a separate FEIN tax identification number and a separate bank account. The houses operate autonomously but must follow the procedures of the Oxford House™ Manual© and adhere to the charter conditions. There are no dues or fees to OHI by individual houses5 but by having a charter or conditional charter the houses are assured the technical assistance and support by OHI. In this regard, OHI has defended the civil rights of every Oxford House™. The residents of such self-run, self-supported recovery homes as Oxford House™ are a protected class under the Federal Fair Housing Act [FFHA]6 and the American with Disabilities Act [ADA]7. Often defense of the civil rights of an Oxford House has resulted in litigation. A fair body of case law has developed with respect to Oxford Houses and application of the Federal Fair Housing Act and the Americans with Disabilities Act.

Discussion of General Legal Issues

The lead case is City of Edmonds, WA v. Oxford House, Inc. 514 U.S. 725 [1995].

In that case, the United States Supreme Court granted certiorari because of a conflict between Federal Circuit Courts of Appeal with respect to the application of the Federal Fair Housing Act to Oxford House™ and a similar home for individuals recovering from alcoholism and drug addiction. The court wrote:

The Ninth Circuit’s decision conflicts with an Eleventh Circuit decision declaring exempt under §3607(b)(1) a family definition provision similar to the Edmonds prescription. See Elliott v. Athens, 960 F. 2d 975 [1992] We granted certiorari to resolve the conflict, 513 U.S. 959 [1994], and we now affirm the Ninth Circuit’s judgment. 514 U.S. 725, 727 The 1995 Supreme Court’s decision in the Edmonds Case resolved the threshold

question of whether Oxford House™ residents fall within the protection of the Federal Fair Housing Act as described in the following syllabus of the reported decision: Held: Edmonds’ zoning code definition of the term “family” is not a maximum occupancy restriction exempt from the FHA under § 3607(b)(1). Pp. 731–738.

(a) Congress enacted § 3607(b)(1) against the backdrop of an evident distinction between municipal

land-use restrictions and maximum occupancy restrictions. Land-use restrictions designate districts—e.g., commercial or single-family residential—in which only compatible uses are allowed and incompatible uses are excluded. Reserving land for single-family residences preserves

5 However, most Oxford Houses make voluntary monthly contributions to OHI to help support the national operations 6 42 U.S.C. § 3604 et. seq. (2000) 7 42 U.S.C. §12132 et. seq. (2000)

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4

the character of neighborhoods as family residential communities. To limit land use to single-family residences, a municipality must define the term “family”; thus family composition rules are an essential component of single-family use restrictions. Maximum occupancy restrictions, in contradistinction, cap the number of occupants per dwelling, typically on the basis of available floor space or rooms. Their purpose is to protect health and safety by preventing dwelling overcrowding. Section 3607(b)(1)’s language—“restrictions regarding the maximum number of occupants permitted to occupy a dwelling”—surely encompasses maximum occupancy restrictions, and does not fit family composition rules typically tied to land-use restrictions. Pp. 732–735.

(b) The zoning provisions Edmonds invoked against Oxford House, ECDC §§ 16.20.010 and

21.30.010, are classic examples of a use restriction and complementing family composition rule. These provisions do not cap the number of people who may live in a dwelling: So long as they are related by “genetics, adoption, or marriage,” any number of people can live in a house. A separate ECDC provision—§19.10.000—caps the number of occupants a dwelling may house, based on floor area, and is thus a prototypical maximum occupancy restriction. In short, the City’s family definition rule, ECDC § 21.30.010, describes family living, not living space per occupant. Defining family primarily by biological and legal relationships, the rule also accommodates another group association: Five or fewer unrelated people are allowed to live together as though they were family. But this accommodation cannot convert Edmonds’ family values preserver into a maximum occupancy restriction. Edmonds’ contention that subjecting single-family zoning to FHA scrutiny will overturn Euclidian zoning and destroy the effectiveness and purpose of single-family zoning both ignores the limited scope of the issue before this Court and exaggerates the force of the FHA’s antidiscrimination provisions, which require only “reasonable” accommodations. Since only a threshold question is presented in this case, it remains for the lower courts to decide whether Edmonds’ actions violate the FHA’s prohibitions against discrimination. Pp. 735–738. 18 F. 3d 802, affirmed.

514 U.S. 775 (1995)

Application of the Law

In its original form, the federal Fair Housing Act prohibited discrimination in housing transactions on the basis of race, color, religion and national origin. The Fair Housing Act Amendments of 1988 changed the enforcement scheme and added handicap and familial status to the types of discrimination that the statute prohibits. The law applies to “dwellings,” including any building occupied or intended for occupancy as a residence and any vacant land sold or leased for the construction of such a building.8 Under the statute the prohibitions include: refusal to sell, rent or negotiate for housing, or otherwise make housing unavailable; adopting burdensome procedures or delaying tactics; making statements indicating racial or other prohibited preferences; racial steering; exclusionary zoning and land-use restrictions; mortgage and insurance redlining; and discriminatory appraisals.9 [Italics added]

While the original Fair Housing Act had limited reach and scope, the 1988 amendments provided three methods of enforcement: (1) an aggrieved person, or the HUD [U.S. Department of Housing and Urban Development] acting on its own, may file 8 Robert G. Schwemm, HOUSING DISCRIMINATION LAW AND LITIGATION note 3 at 92 (2001) 42 U.S.C. §§ 3602(b), 3603-3606, 3617 (1988) 9 42 U.S.C. § 3604 (a)(b) (2000); Schwemm, supra note 3 at 13-2; Schwemm, supra note 3 at 13-2.

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a complaint with HUD within one year of the alleged practice;10 (2) an aggrieved party may file an action in federal or state court within two years of an alleged discriminatory act without filing a prior administrative complaint,11 and (3) the U. S. Attorney General may bring a federal suit in cases of a “pattern or practice” of resistance to the rights granted by Title VIII or when denial of these rights raises an issue of “general public importance.”12 Each enforcement mechanism is a separate and independent proceeding.13

HUD has adopted an extensive set of regulations to implement the federal Fair Housing Act Amendment of 1988. [Codified at title 24 CFR] Part 100 of the regulations describe the conduct that is unlawful. Part 103 sets forth procedures for HUD investigations of administrative complaints. Part 180 sets out procedures for administrative proceedings.14

The U.S. Supreme Court set out important judicial guidance on interpreting the

original federal Fair Housing Act in 1972 in the case Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205 (1972). In that case, the court approved standing for current tenants in a large apartment complex to sue their landlord for discrimination against minority applicants, and established four tenets of statutory construction: (1) the statute should be construed broadly; (2) integration is an important goal of Title VIII; (3) courts may, in appropriate cases, rely on case law under Title VII of the Civil Rights Act to help interpret Title VIII; and (4) HUD interpretations of Title VIII are entitled to substantial weight.15 These broad guidelines continue to be applied to the amended Federal Fair Housing Act. See City of Edmonds, WA v. Oxford House, Inc., ET AL. 514 U.S. 725 (1995)

The terms “handicap,” “handicapped” and “disability” are used interchangeably. The statute defines handicap to mean “(1) physical or mental impairment which substantially limits one or more of such person’s major life activities … or (3) being regarded as having such impairment, but such term does not include, illegal use of or addiction of a controlled substance.16 When a treatment provider attempted to rent several apartments for recovering substance abusers, the Fourth Circuit Court of Appeals

10 42 U.S.C. § 3610; Schwemm, supra note 3, at 4-8. 11 42 U.S.C. 3613; Schwemm, supra note 3, at 25-6. 12 42 U.S.C. §3614; Schwemm, supra note 3, at 4-9. 13 Schwemm, supra note 3, at 23-2. 14 Crystal B. Ashley, AN INTRODUCTION TO FAIR HOUSING LAW, National Center on Poverty Law, 111 N. Wabash Ave., Suite 500, Chicago, IL 60602, p. 131. 15 Schwemm, supra note 3 at 7-2 to 7-5. 16 42 U.S.C. § 3602(h) (2000)

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6

found that persons in recovery from drug addiction were “handicapped” and therefore within a class protected under the statute.17 More recently, the same circuit found that the Baltimore Port Authority was in violation of the both the FHA and ADA when it refused to rent a berthing space to a group to operate a former navy hospital ship as a residential education facility for women recovering from substance abuse.18

The resolution of the issue of whether recovering alcoholics and drug addicts are protected under the FHA rests both on common sense and the direct legislative history of the 1988 Amendments. Indeed, the U.S. House Report recognizes that “individuals who have a record of drug use or addiction but who are not currently using illegal drugs would continue to be protected if they fall under the definition of handicap … like any other person with a disability such as cancer.”19

H. Westley Clark, M.D., J.D., M.P.H., CAS, FASAM, the federal Director Center for Substance Abuse Treatment in both the Clinton and Bush Administrations has addressed the specific role of Oxford House™ in dealing with alcoholism and drug addiction. He wrote in 1999:

Recovery from the disease of alcoholism or other drug addiction is often plagued by relapse – which is simply the use of alcohol or other addictive drugs following a period of abstinence. For those addicted to alcohol or other drugs, a relapse can trigger a return to uncontrolled drug use. The self-run, self-supported recovery house provides many recovering individuals effective relapse prevention because of (1) the support gained from living with other individuals coping with the same problem and (2) the knowledge that any use of alcohol or drugs will result in immediate expulsion. Fourteen years ago a group of recovering individuals adapted the self-help principles of AA and NA to group – supported living by establishing the first Oxford House™. The Anti-Drug Abuse Act of 1988 based the self-run, self-supported recovery home provision on the Oxford House™ experience. It offers a simple, cost-effective way to provide an opportunity for recovering individuals to live in a supportive environment that is free of substance abuse.20

At times, court decisions related to the application of zoning laws to Oxford

House™ have reflected the frustrating nature of treating alcoholism and drug addiction. For example, 1991 a federal court intervened when a state court was attempting to limit the number of individuals who could live in an Oxford House™. Federal District Court 17 United States v. Southern Management, Inc. 955 F. 2d 914 (4th Cir. 1992)

18 Project Life, Inc. v. Glendening 2002 WL 2012545 (4th Cir. Sept. 4, 2002), affirmed 139 F. Supp. 2d 703 19 H.R. Rept. No. 711, 100th Cong., 2d Sess 22 (1988) 20 SELF-RUN, SELF-SUPPORTED HOUSES FOR MORE EFFECTIVE RECOVERY FROM ALCOHOL AND DRUG ADDICTION, Technical Assistance Publication (TAP) Series, U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, DHHS Publication No. (SMA) o2-3700; Printed 1989, 1990,1992, 1993, 1999, 2002. Note: Clark uses “Fourteen years ago” in the second quoted paragraph. Today he would use “Thirty-two years ago.” The first Oxford House started in Silver Spring, Maryland in 1975.

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7

Judge Sarokin granted a preliminary injunction against a state court ruling that limited the number of unrelated individuals that could live in an Oxford House™ established in Plainfield, New Jersey. In his opinion he wrote:

The plaintiffs in this matter seek relief, which will permit them to maintain a residence for recovering addicts of drugs and alcohol, pending further hearings and a determination in state court proceedings. The plaintiffs are part of a nationally recognized program, which, through peer pressure and strict conditions of abstinence, successfully maintains freedom from addiction and improves the lives and opportunities of its participants. For its success, however, it requires a minimum number of members at each location. The defendants have established a maximum, which forecloses the viability of the endeavor and will require vacation of the subject premises absent intervention by this court. There are few among us who do not have a friend or relative who has suffered the ravages of drugs and alcohol. They are persons who need our compassion and require our support. To evict these plaintiffs from their premises and deny them an opportunity for a full and fair hearing condemns their efforts and violates applicable law.

The defendants have limited the use of said premises to six persons; the plaintiffs require nine in order to be viable. The municipality can survive having three plaintiffs from their premises and deny them the opportunity for a full and fair hearing condemns their efforts and violates applicable law. The intervention of this court is for a limited purpose and for a limited duration. In the interim, plaintiffs should be permitted to follow their path to rehabilitation and be encouraged in their efforts. In so doing, the harm to the City is minimal; the irreparable harm to plaintiffs is avoided. However, what this matter truly needs is not judicial action, whether it be state or federal, but for the parties to search their consciences, recognize the needs and hopes of the plaintiffs and the concerns and fears of neighbors, and arrive at an accommodation which serves and enriches all who are involved and affected by it. Italics added.21

Judge Sarokin’s findings and dicta succinctly underscores a policy that has

enabled Oxford House™ to expand from a few houses in the Washington, DC area in 1988 to a national network of more than 1,200 houses. Almost all Oxford Houses are located in areas zoned for or consisting of single-family residences. The goal of Oxford House™ being a “good neighbor in a good neighborhood” has been a hallmark of the organization since several men in the first Oxford House™ in Silver Spring, Maryland rented a second house in 1976 in Northwest Washington, D.C. The third Oxford House™ – located at 3765 Northampton Street, N.W. just off Connecticut Avenue near Chevy Chase Circle – has been in continual existence since it opened in 1977.

For the most part, whenever an issue has arisen, local zoning authorities have made a reasonable accommodation in local ordinances to permit groups of six to twelve individuals recovering from alcoholism and drug addiction to live together as a family in

21 Oxford House-Evergreen v. City of Plainfield, 769 F. Supp. 1197 (D.N.J. 1991).

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8

an environment supportive of sobriety without relapse. For its part, OHI has attempted to avoid litigation or filing of HUD complaints.

The Typical Oxford House

Oxford House™ residents are encouraged to rent single-family dwellings located in good neighborhoods. This means Oxford Houses are usually located in areas zoned for single-family dwellings. The Oxford House website has a list of all Oxford Houses. It is at www.oxfordhouse.org .22

Oxford Houses are not substance abuse centers, halfway houses, shelters nor community care facilities. There is no treatment, counseling, therapy, or any type of health care services provided. There is no house manager, paid staff or other type of institutional personnel involved in the supervision or management of the house. The residents make all decisions relating to the functioning of the Oxford House™ democratically. An Oxford House™ manages its own finances and has its own bank account. There is no random testing for alcohol or drug use, or are there any rules relating to curfews. Oxford Houses are not halfway house, nor are they a substitute for halfway houses.

Oxford House™ residents are considered to be the "functional equivalent" of a family for several reasons. First, all the residents have access to the entire house. Second, all the residents participate equally in the housekeeping functions of the house, i.e., house chores, house finances. Each resident, however, is responsible for his own food and cooking. Third, the emotional and mutual support and bonding given each Oxford House™ resident in support of his or her recovery from drug addiction and alcoholism is the equivalent of the type of love and support received in a traditional family. Finally, the living arrangement is not based on a profit motive.

The final factor in determining that Oxford House™ residents are the "functional

equivalent" of a family is the fact that there are no limits as to how long a resident can stay in Oxford House™. Conceivably, an individual can stay in Oxford House™ a lifetime if he or she does not relapse into drug and/or alcohol use, fail to pay his or her rent on time, or engage in disruptive behavior. The average length of residence is about 11 months but some individuals may stay much longer.

All residents of Oxford House™ are considered "handicapped" under the 1988

amendments to the Federal Fair Housing Act. See 42 U.S.C. 3600 et. Seq. Recovering addicts and alcoholics are specifically included within the definition of "handicapped individual." See 42 U.S.C. 3602(h) and 24 C.F.R. 100.201(a)(2). See also City of 22 Sometimes OHI learns of groups of recovering individuals who are living together, holding themselves out as an Oxford House and even following the practices and procedures used in a chartered Oxford House but have not technically become an Oxford House because they have not requested or received a charter from Oxford House, Inc. When OHI discovers such groups they are asked to either apply for a charter or cease claiming their affiliation with Oxford House. Any group of recovering individuals must have a charter from Oxford House, Inc. – the 501(c)(3) umbrella organization – before it can legitimately call itself an Oxford House™.

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9

Edmonds v. Oxford House, Inc. 514 U.S. 725 (1995). The Fair Housing Act was amended to include handicapped individuals within its parameters, and to guarantee the ability of these individuals to live in the residence of their choice within the community. See Oxford House - Evergreen v. City of Plainfield, supra. (Noting that residents of an Oxford House™ in Plainfield, New Jersey "are part of a nationally recognized program which, through peer pressure and strict conditions of abstinence, successfully maintains freedom from addiction and improves the lives and opportunities of its participants.") Oxford House, Inc. v. Township of Cherry Hill, 799 F. Supp. 450, 454 (D.N.J. 1992)

As recovering alcoholics and addicts who cannot presently live independently or

with their natural families, plaintiffs are individuals with handicaps within the meaning of the Fair Housing Act. City of Plainfield. at 1342. 23

Section 3604 of the Federal Fair Housing Act provides that it shall be unlawful:

(f)(1) To discriminate in the sale or rental, or otherwise make unavailable or deny, a

dwelling to any buyer or renter because of a handicap… (2) To discriminate against any person in the terms, conditions or privileges of sale or

rental of a dwelling, or in such dwelling, because of handicap … (3) For purposes of this subsection, discrimination includes …

(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to allow such person equal opportunity to use and enjoy a swelling …

Subsection 3604(f)(1)’s use of the phrase “otherwise make unavailable or deny,”

as well as the legislative history, makes clear that the section applies not only to sellers or landlords, but also to more sophisticated methods of denying housing such as enforcing zoning or other land use laws which have the effect of denying housing. See House Report, at 2185 (“ The Committee intends that the prohibition against discrimination against those with handicaps to apply to zoning decisions and practices.”). See also United States v. City of Black Jack, 508 F. 2d 1179, 1183-84 (8th Cir. 1974) cert. denied, 442 U.S. 1042 (1975); In re Malone, 592 F. Supp. 1135 (E.D. Mo. 1984), aff’d without op. 794 F. 2d 680 (8th Cir. 1986) in addition to the specific Oxford House cases noted above.

As members of a protected class under the Federal Fair Housing Act, the issue of whether the residents of Oxford House™ are in violation of the local zoning ordinances is not relevant to the question of federal law. United States v. Borough of Audubon, 797 F. Supp. 353, aff'd 968 F.2d 14 (3d Cir. 1992). Thus, any allegation that Oxford House has violated a local zoning ordinance does not abrogate its rights in claiming discrimination under the Federal Fair Housing Act. It is well established that the Federal Fair Housing Act prohibits discriminatory land use decision by municipalities, when such decision are "ostensibly authorized by local ordinance." Oxford House - Evergreen v.

23With respect to individuals with disabilities, violation of the Fair Housing Act may be shown by

intentional discrimination, discriminatory effect, or a failure to reasonably accommodate. Oxford House - Evergreen v. City of Plainfield at 1343; Oxford House - C v. City of St. Louis, 843 F. Supp. 1556 (E.D. Mo. 1994); Carson v. Rochester Housing Authority, 748 F. Supp 1002, 1007 (W.D. N.Y. 1990).

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City of Plainfield, supra. (on motion for preliminary injunction: city's enforcement of zoning ordinance so as to prevent operation of local Oxford House™ in area zoned for single family residences violated the Federal Fair Housing Act); Association of Relative and Friends of AIDS patients v. Regulation and Permits Administration, 740 F.Supp. 95 (D.P.R. 1990) (The case involved a government agency's denial of a land use permit to permit the opening of an AIDS hospice and thereby violated Fair Housing Act.); Baxter v. City of Belleville, 720 F.SUPP. 720), S.D. Ill 1989) (on motion for preliminary injunction: city's refusal to issue special use permit under zoning law to develop to remodel building into residence for persons with AIDS violated Fair Housing Act). See also 42 U.S.C. Section 3615 ("any law of a State, a political subdivision, or other jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid [under the Fair Housing Act]").

In addition, for purposes of this section, 42 U.S.C. 3604(f)(3)(B) defines discrimination to include a "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such [handicapped] person equal opportunity to use and enjoy a dwelling."

The legislative history of the Fair Housing Amendments Act of 1988 ("House Judiciary Report") is explicit as to the effect of the amendments on state and local land use practices, regulations or decisions which would have the effect of discriminating against individuals with handicaps. The amendments prohibit the discriminatory enforcement of land use law to congregate living arrangements among non-related persons with disabilities, such as Oxford House™, when these requirements are not imposed on families.

[Section 804(f)] would also apply to state or local land use and health and safety laws, regulations, practices or decisions, which discriminate against individuals with handicaps. While state and local governments have authority to protect safety and health, and to regulate use of land, that authority has sometimes been sued to restrict the ability of individuals with handicaps to live in communities. This has been accomplished by such as the enactment or imposition of health, safety or land-use requirements on congregate living arrangements among non-related persons with disabilities. Since these requirements are not imposed on families and groups of similar size of unrelated people, these requirements have the effect of discriminating against persons with disabilities.

House Report, p. 24 (footnote omitted).

Based on this clear expression of legislative intent, the courts have enjoined the application and enforcement of zoning and health and safety regulations, which have a discriminatory impact on group homes for persons with disabilities. Oxford House - C v. City of St. Louis, 853 F. Supp at 1573; City of Plainfield, 769 F. Supp. at 1343-44; Township of Cherry Hill, 799 F. Supp. at 462; Oxford House, Inc. v. Town of Babylon, 819 F. Supp 1179 (E.D.N.Y. 1993); Marbrunak, Inc. v. City of Stowe, 974 F.2d 43 (6th Cir. 1992); A.F.A.P.S. v. Regulations & Permits Admin., supra at 106-07.

As recovering alcoholics and addicts who cannot presently be living

independently on their own or with their natural families, Oxford House™ residents are

Telephone (301) 587-2916 • Facsimile (301) 589-0302 • E-mail: [email protected] A 501(c)(3) Nonprofit Corporation • # 11535 Combined Federal Campaign/United Way

Winner of the 2003 Harry V. McNeill Award from the American Psychological Association Visit www.oxfordhouse.org for more information about Oxford House™

11

individuals with handicaps within the meaning of the Fair Housing Act. City of Edmonds, WA v. Oxford House, Inc. 514 U. S. 725 (1995); Oxford House-C v. City of St. Louis, 77 F.3d 249 (8th Cir. 1996); United States v. Village of Palatine, 37 F.3d 1230 (7th Cir. 1994); United States v. Village of Audubon, 797 F. Supp. 353, aff'd without opinion, 968 F.2d 14 (3d Cir. 1992); Oxford House, Inc. v. Town of Babylon, 819 F. Supp. 1179 (E.D.N.Y. 1993); Oxford House v. Township of Cherry Hill, 799 F. Supp. 450 (D.N.J. 1992); Oxford House-Evergreen v. City of Plainfield, 769 F. Supp. 1197 (D.N.J. 1991). Federal Judge Gerard L. Goettel in Tsombanidis, and Oxford House, Inc. v. City of West Haven, Connecticut 180 F. Supp. 262 (Ct. 2001), in his decision following an eight day trial, made it clear that residents of the Oxford House fall within the protections afforded by the Federal Fair Housing Act Amendments [FHAA]:

The FHAA and Title II of the ADA, and the regulations promulgated there under, prohibit housing discrimination by governmental entities against handicapped persons or persons with disabilities. See 42 U.S.C. § 3604(f)(1) and (f) (3)(B) and 42 U.S. C. §12132. Both the FHAA and Title II of the ADA have been interpreted to apply to municipal zoning regulations, practices, or decisions that subject persons with handicaps or disabilities to discrimination based upon their handicap or disability. See: Forest City Daly Housing, Inc. v. Town of North Hempstead, 175 F.3d 144, 151 (2d Cir. 1999); Innovative Health Sys. Inc. v. City of White Plains, 117 F. 3d 37, 45-46 (2d Cir. 1997) Connecticut Hosp. V. City of New London, 129 F. Supp. 2d 123, 135 (D. Conn. 2001) The legal analyses under both statutes are essentially the same and, thus, we will consider them together. There is no dispute in this case that the John Doe plaintiffs, as non-abusing, recovering alcoholics and drug addicts are members of a protected class under the FHAA and ADA. 43 U.S.S. § 3602(h); 24 C.F. R. § 100.201(a)(2); 42 U.S.C. §12210 (b)(1) and (2). As “aggrieved persons” and persons with a “handicap,” plaintiffs are entitled to the protections of the FHAA, 42 U.S.C. § 3602(h) and (i), and, as “qualified individuals with disabilities, “ they are protected by the ADA. 42 U.S. C. § 12131(2); See Connecticut Hosp., 129 F. Supp. 2d at 125. Additionally, plaintiff Beverly Tsombanidis, as landlord of the property by OH-JH [Oxford House-Jones Hill], and OHI [Oxford House, Inc.], as the umbrella organization for all Oxford Houses and the advocacy group for plaintiffs, have standing to pursue these claims against defendants. Following the Supreme Court’s decision in City of Edmonds v. Oxford House, Inc., 514 U.S. 725 (1995), there can be no question that the City’s Zoning Regulations and Property Maintenance Code are covered by the FHAA. The issue before the Court in City of Edmonds was whether the definition of “family” in the City of Edmonds’ zoning code qualified for the FHAA’s exemption from coverage for “any reasonable local, State or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. “ 42 U.S.C. §3607(b)(1). The City of Edmonds’ zoning provision at issue governed areas zoned for single-family dwelling units and defined “family” as “persons [without regard to number] related by genetics, adoption or marriage, or a group of five or fewer [unrelated] persons.” (Edmonds Community Development Code § 21.30.010 [1991]). Thus except for the number of occupants, the City of Edmonds’ zoning provision was virtually identical to the zoning provision at issue in this case.

In the same case, the Court summed up the reasons for protection of Oxford

House™ residents by treating them the same as a single family:

The discriminatory impact of the City’s classifying Oxford House-Jones Hill as a boarding or rooming house is undeniable. Oxford House-Jones Hill will not be able to operate in a singe-

Telephone (301) 587-2916 • Facsimile (301) 589-0302 • E-mail: [email protected] A 501(c)(3) Nonprofit Corporation • # 11535 Combined Federal Campaign/United Way

Winner of the 2003 Harry V. McNeill Award from the American Psychological Association Visit www.oxfordhouse.org for more information about Oxford House™

12

family zone district in the city; Oxford House-Jones Hill residents, unlike a family with seven related members, will not be able to live in any neighborhood with single-family zoning; and recovering alcoholics and drug addicts will not be able to avail themselves of an Oxford House group home in a residential setting in order to enhance their chances of making a full recovery. As recovering alcoholics and drug addicts, the John Doe plaintiffs need to live in a safe, supportive, and drug-and alcohol-free living environment during their recovery period. Therefore, the question is whether or not a reasonable accommodation treating

Oxford House residents the same as families would create an unwarranted burden on a particular town or city. OHI does not believe it would – particularly since many of the homes have been operating in residential areas of cities for years without any inconvenience to their neighbors. Oxford Houses are in fact good neighbors and prove it year after year all over the United States.

.

The author thanks the following attorney for his contributions to this memorandum: Steven G. Polin Attorney at Law 3034 Tennyson Street, NW Washington, DC 20015 Telephone 202-331-5848

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/75 0 75 150 22537.5Feet

Zoning AmendmentPlanning & Public Woks DepartmentCITY OF GALESBURGOperating Under Council-Manager Government Since 1957

Division 305 created: June 19, 2017The information included in this map is intended to be advisory only and is NOT designed or intended to be used asa substitute for an accurate field survey, as performed by a Registered Land Surveyor, to determine precise property location

Imagery date: 2015

§̈¦74

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General Location

Institutional to R3A MultiFamily

167 N Kellogg St

Central Business (B-3)Institutional (I)Multi-Family (R-3A)

Zoning Districts

CITY OF GALESBURG Planning & Public Works Memo Operating Under Council – Manager Government Since 1957

____________________________________________________________________________                                                                                                                                                                                              Page 1 of 1  

___________________________________________________________________________________________________________________________________________________________________________________________

Zoning Map Amendment approval criteria 152.017 ZONING MAP AMENDMENTS (REZONING)

(F) Map amendment approval criteria. Zoning map amendments may be approved if the City Council reviews all of the following criteria:

(1) The proposed amendment is consistent with the intent of the Comprehensive Plan; (2) The proposed amendment corrects an error or inconsistency or addresses some changing

condition in the area; if the change is inconsistent with the Comprehensive Plan and the rezoning is approved, the Comprehensive Plan should be amended to reflect this change in use;

(3) The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;

(4) The city and other service providers will be able to provide adequate public facilities and services to the subject property, while maintaining adequate levels of service to existing development;

(5) The proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, stormwater management, wildlife and natural resources; and

(6) The subject property is suitable for the proposed zoning classification. (Ord. 10-3277, § 1-2.3, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012) cc: File Copy

___________________________________________________________________________________________________________________________________________________________________________________________

Prepared by: KDB Page 1 of 1

COUNCIL LETTER CITY OF GALESBURG

AUGUST 07, 2017

AGENDA ITEM: Bid recommendation, replacement of Recreation related lock cores.

SUMMARY RECOMMENDATION: The City Manager, Director of Parks & Recreation, Parks Superintendent, and Purchasing Agent recommend that the City Council approve the bid from Doors Incorporated to provide new lock cores and related materials for Recreation facilities in the amount of $9,400.00.

BACKGROUND: With the combination of Parks & Recreation as well as significant staff changes in the last few years, a need for upgrading the Recreation lock cores is needed. The benefits of this upgrade include: 1) increased security as the lock cores will be updated so that only new keys will work in the doors, 2) ease of use between Parks & Recreation facility staff as the cores can be coded so that staff requiring entry to multiple facilities will need fewer keys, and 3) convenience in that lock systems will be compatible allowing for City staff to work on locks as well as replace keys in house.

Specifications for this purchased were based upon Stanley Best Brand locks, as this is the lock system utilized by Parks currently. A Request for Bid was advertised in the local paper as well as being made available on the City website. In addition, vendors authorized to resell Stanley cores were contacted with the request. One vendor responded to this request. Doors Incorporated (Davenport, IA) submitted a bid in the amount of $9,400 to provide interchangeable lock cores, pad locks, levers, and dead bolts as requested. The bid received for this improvement is below the anticipated cost for this purchase.

BUDGET IMPACT: Sufficient funds are budgeted under Parks & Recreation Admin (1905) for this planned improvement.

SUPPORTING DOCUMENTS: 1. None

17-3034

CITY OF GALESBURG Planning and Public Works Memo Operating Under Council – Manager Government Since 1957 __________________________________________________________________________________________________________________________________________________________________________________________

___________________________________________________________________________________________________________________________________________________________________________________________

Page 1 of 1

TO: Todd Thompson, City Manager FROM: Julie Main, Associate Planner DATE: May 5, 2017 SUBJECT: Paint Recycle The City of Galesburg would like to remind residents regarding the paint recycling program at Walmart. It operates the third Saturday of the month from May to September. Hours are 8:00 a.m. to noon.

ACCEPTABLE ITEMS: Interior latex paint Exterior latex paint Alkyd and enamel paint Oil based paint Porch, floor and deck paint Latex primer paint Oil based primer paint Interior varnishes Exterior varnishes Urethanes

UNACCEPTABLE ITEMS: Adhesives, spray paint, automotive paints, industrial or two-part paint, brushes, rags and rollers, jointing compounds, roofing tar, solvents and window glazing compound.

Walmart Residential

Paint Recycling

If you have any questions

about this parking lot drop

off program, please call Julie

Main at City Hall, 345-3614.

Please take items to area in

front of Walmart Garden

Center.

l II\ tl '1\l l --l>l PL City Clerk Operating Under Council - Manager Government Since 19 5 7

Special Event License (Class P) Applic,1tion

Organimion's lnfommion (PleJse Print Clearly)

Name: 't'ouri5 (role.~1cn, ... ls

Event Address: 2~) t S:l'W/Yl., •1J Sf-

A- 6c..f ~ ht1 r.s­C hc, f"'\~

Of Gc;. k. shu15 s .. >:>1.,,..,,.,

City: 0cJi4, . .,,.Y

Completed form must be submitted

at least 30 days prior to event date.

E-Mail/Website:_ -----------------------

Contact Person's In formation

Contact/ Man.1ger: ,~ "fl Ke. 11 e y Street Address : 7 CC €:"" 1Vl.c...,, '> f- . 2 01 R !JD-f City: b c..~~ Zip: C, l(t

Phone: SC<' - 3 t/? - It Ci'-f E-M.iil : k/Le.lle.j Q GdcoPv-r5 . o/' 1,---­Correspondence will be sent to this e-mail address

Event lnfo1mation

Event Name: &<.\Qs.bors ~d Tr~ct k.s-Hv...0

Type of Event: __ I;_D....;;d_T_r_l.{_c._IL_~_~_-H_v '-'°--------------------Date of Event: Sep r 2 3 cj._ U I"} Setup Time: Q frhil

Event Start Time: 11 A'/11\ Estimated number of

staff/volunteers/participants: ~ 2)

Tear Down Time: Cf P 111

Event End Time: 7- f Yll Estimated number of

attendees: l oco

Food Served? @ No Name Of Food Vendors: __ M __ l-\._\_-H_'~_.;:;..._ ____________ _

Street Address & City:--------------------

Will food be prepared on site? No

Will alcohol be served? No

City Property (must be approved by City Manager)

?"?<c c s-+-City Property Requested :--'c...-:;_;;>_ -".;;...__l-.;;...__::._, _IY\_""'----'0-'--1'\S ___ 1 __ _ Additional Propercy +1

Requested: __.,Q'"""Pfl_ v_n:,_,___Lt>---'-+ _____ _

Specific Area: __ S_e.e_-=---'-~....:........:Ot~f,___ ____ _

Specific Area: ____________ _

D A non-re fundable application fe e of $50.00.

0 A non Merchants ' Association must .ilso pay a non-re fundable license fee of $250.00.

D Attached copy of plan operation.

O Provide evidence of the event manager's completion of a BASSET Certified Training Program.

Conoiwed on next p.Jge

l I • \ ( ) . { I \. l

City Clerk Operating Under Council - MJnJger Government Since 1957

Special Permits

Bounce House Yes <9 Tents e No

Fi re Yes ~

Call J.U.L. l.E. for utility locates at 800/ 892-0123

CJll J.U.L. 1.E. for utility locates at 800/ 892-0123

Fire Department - Tent permit Fees: $30 Call: 309/ 345-3756

Fire Department - Fire permit Fees: Vary Call : 309/ 345-3756

March, Marathon, Yes Parade, etc. ~

Police Department - Parade permit (Contact Risk Management to see if Special Event Application needs to be completed.) Fees: None Call : 3091345-3727

MusicNoice

@ Amplification: No Misc.

Equipment being used:

- 's Official Date

Questions? Please contact: Submit completed applications at least 30 days prior to event to: City Clerk 309/ 345-361 1 Phone 309/ 344·0154 Fax

City of Galesburg Attn: Ci ty Clerk SS West Tompkins Street Galesburg, IL 61 40 1

For Office Use Only This Application Has Been Received and Found That:

D Additional secuii ty measures are required .

D Proof of Insurance is required. Ci ty policy requires that the coverage insu ring the orgJnizer against liJbility arising out of the operation of the organizer's special event in amounts of at least $500,000 for the injury of death of one person, $1 ,000,000 for the injury or death of two or more persons and $50,000 for damage to property. The Gey shall be named as an additional insured in the policy. Should this policy be cancelled p1ior to the event dace, che issuing insurer will notify the City of Galesburg of cancellation.

City Manager Dace

Ci ty Cl erk/ File Copy Date

This fom1 is available on the City's website at 1-.1\ I• .ci.g.11.::sburg.il .ll~

Revised: 03/ I S

A- Will need to be blocked off from traffic. This will be the main entry point into the festival. This is

where volunteers will be 1) Checking IDs, 2) Checking Tickets, and 3) Exchanging Cash for

Tokens.

B- Will need to be blocked off from Traffic.

C- Will need to be blocked off from traffic.

D- Restrooms, handwashing station .

E- Tent with picnic tables, common area

F- Food Truck Parking, Vendor Setup Area

G- Children's Fun Zone

H- Stage, musicians

____________________________________________________________________________ Prepared by: JM Page 1 of 1

COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Consider request from Galesburg CILA, to release the five year no sale restriction on 1040 South West Street.

SUMMARY RECOMMENDATION: The City Manager and Director of Planning and Public Works recommend approval of this request to release the five year no sale restriction.

BACKGROUND: Galesburg CILA Homes Partnership purchased vacant lot formerly 1050 South West Street from the City in February of 2013 during the annual City property sale. A home was subsequently built on the property; the street address is now 1040 South West Street. Achievement Unlimited, Inc., a sister company of CILA Homes, is currently leasing this property with a purchase option in the lease. Achievement Unlimited, Inc. wants to exercise this purchase option. If the owner wants to sell their property within five years from the date of the deed it requires permission from the Galesburg City Council. Approval of this request would release the five year no sale restriction.

BUDGET IMPACT: None

SUPPORTING DOCUMENTS: 1. Location Map

17-4072

66

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198

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198 198

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W FOURTH ST

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/60 0 60 120 18030Feet

1040 S West StPlanning & Public Woks DepartmentCITY OF GALESBURGOperating Under Council-Manager Government Since 1957

Division 305 created: July 21, 2017

1040 S West St

The information included in this map is intended to be advisory only and is NOT designed or intended to be used asa substitute for an accurate field survey, as performed by a Registered Land Surveyor, to determine precise property location

Imagery date: 2015

§̈¦74

§̈¦74

£¤150

£¤150

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___________________________________________________________________________________________________________________________________________________________________________________________

Prepared by: SG Page 1 of 1

COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Revolving loan with Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana.

SUMMARY RECOMMENDATION: The Loan Committee met on Monday, July 24, 2017 and recommends the approval of a $20,000 revolving loan for ten years at 3%.

BACKGROUND: The proposed Koreana restaurant will be a new South Korean restaurant to the City of Galesburg. The owners are leasing space at 323 East Main Street to operate their business.

The owners are seeking a City loan to fill the gap needed to conduct leasehold improvements, including the purchase and installation of a grease interceptor and an exhaust hood with fire suppression. Their overall project also involves the local office of First Mid-Illinois Bank and Trust, who has agreed to provide an $80,000 loan and a $15,000 line of credit.

The request for the City loan is in the amount of $20,000. The recommendation from the loan committee is to provide the loan as a 10 year loan at 3% interest, with interest only payments for the first six months. Approval of this loan will require a waiver by Council of the City’s Economic Development Policy that requires 10% owner equity. It is anticipated the business will create three full-time and seven part-time positions within two years.

BUDGET IMPACT: If approved, the $20,000 loan would come from Fund 25, sufficient funds are available to provide this revolving loan.

SUPPORTING DOCUMENTS: 1. Correspondence from Knox County Partnership, with loan committee recommendation

dated July 24, 2017.2. Loan Agreement

17-4073

Knox County Partnership

200 E Main St, Galesburg, IL 61401

(309) 343-1194

www.knoxpartnership.org

July 24th, 2017

Honorable Members of the Galesburg City Council,

This letter is a formal recommendation for the proposed Galesburg City revolving loan to Koreana. The Revolving

Loan Fund Loan Review Committee met on Monday, July 24th at 8:30AM to review this request. After reviewing the loan request, the committee voted unanimously to recommend approval of this loan to the Galesburg City

Council.

Koreana is a new South Korean restaurant that will be located at 323 E Main St in Downtown Galesburg. The

restaurant will be owned by Ok Hyun (Kim) Curtis and Amber Jordan, who are mother and daughter. Amber is a

US Army veteran and Kim is a longtime resident of Galesburg. Both have food service industry experience and are

considered to be high-character individuals. The new restaurant is expected to create 3 full-time and up to 7 part-time jobs.

Koreana is seeking $20,000 in RLF funding from the City Fund 25. City RLF funds will be used to cover the costs of grease interception and a fire suppression hood for the restaurant’s premises. The project was initially not

going to seek city funding, but cost overruns on these two items have led the borrower to seek city support for the

loan. The City’s funding will be leveraged against two loans from First Mid-Illinois Bank and Trust totaling

$95,000. $80,000 of that funding will come in the form of a term loan, while $15,000 will come from a line of credit. A complete sources and uses statement is below.

FMIBT loan 80,000$           Purchase equipment  35,635$    

FMIBT loan 15,000$           Leasehold improvement/

City of Galesburg  20,000$           decorating /remodeling 56,500$    

Owner 2,265$        Initial inventory 5,000$       

Miscellaneous start up

costs/working capital 20,130$    

Total 117,265$         Total 117,265$  

The City’s new loan would carry a 120-month term at 3% interest, with the first six months being interest-only. These terms match what is being offered by First Mid-Illinois Bank and Trust. The City would be secured by a

junior lien on all of Koreana’s business assets behind First Mid-Illinois, and also a junior mortgage on the Curtis

residence behind First Mid. The home is currently owned free and clear.

The project meets city requirements for the ability for operating cash flows to cover debt service, job creation and

also meets the requirement for management expertise. The City is being asked to waive the 20% equity

requirement for startups for this loan, as the borrowers have limited liquidity at this time. The RLF Loan Review Committee believes that the pledging of Ms. Curtis’ personal residence as collateral should be considered a

mitigating factor in issuing this waiver.

2

The City of Galesburg RLF Loan Review Committee consists of the following six members:

- Adam Vitale, Chairman of the Knox County Area Partnership for Economic Development - Mike Holloway, F&M Bank

- Becky King, First Midwest Bank

- Theresa Mangieri, First Mid-Illinois Bank and Trust - Galesburg Mayor John Pritchard

- Galesburg City Manager Todd Thompson

By design, the RLF Loan Review Committee includes two commercial lenders who provide a banker’s perspective on RLF requests. Neither of these commercial lenders have any financial interest in the company. We feel that

this expertise gives an added level of safety to the City when making loan decisions.

In conclusion, the committee voted unanimously on July 24th to send a recommendation of approval of this loan

to the Galesburg City Council. They felt that the risk profile for this loan was appropriate for the RLF program

and that the request in whole conformed with the program’s intent.

Sincerely,

Ken Springer, President

The Knox County Area Partnership for Economic Development

REVOLVING LOAN PROGRAM

LOAN AGREEMENT

Between

CITY OF GALESBURG and

Ok Hyon Curtis and Amber Marie Jordan d/b/a Koreana

Page 2 of 12

THIS REVOLVING LOAN AGREEMENT (“Agreement”) is made as of the ____ day of ________________, 2017, by and between the City of Galesburg (“Lender”) and Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana (“Borrower”). WHEREAS, the Lender is interested in expanding its economic base with the primary emphasis on creating and retaining jobs; WHEREAS, the Borrower is interested in maintaining and expanding its employment base; NOW, THEREFORE, the parties hereto do mutually agree as follows: I. GENERAL DEFINITIONS

1.1 “Affiliate” shall mean any person which, directly and/or indirectly, owns or controls at least

twenty percent (20%) of the outstanding voting securities of Borrower or any Subsidiary, or which is controlled by or is under common control with Borrower, or any stockholders or partners of Borrower, or any Subsidiary. For the purpose of this definition, “control” means the possession, directly or indirectly, or the power to direct or cause the direction of management and policies, whether through the ownership of voting securities, by contract or otherwise.

1.2 “Application” shall mean all materials submitted by Borrower to Lender in connection with

its request for financial assistance. 1.3 “Budget” shall mean the budget set forth on Exhibit B attached hereto and made a part

hereof, which budget reflects the manner in which Loan proceeds will be expended on the Project.

1.4 “Collateral” shall mean all property of Borrower in which Lender has been granted a lien or

security interest pursuant to the Security Documents. 1.5 “Default” shall mean the occurrence or existence of any one or more of the events described

in Section 6.1 of this Agreement. 1.6 “Default Rate” shall mean an Interest Rate of twelve percent (12%) per annum. 1.7 “Interest Rate” shall mean the rate of interest specified in the Note as the rate of interest

payable with respect to the outstanding principal amount of the Loan, specifically being three percent (3%).

1.8 “Loan” shall mean the loan or loans made, or to be made, by Lender to Borrower under this

Agreement. 1.9 “Note” shall mean the promissory note of even date herewith evidencing the Loan

Page 3 of 12

executed by Borrower payable to the order of Lender, the form of which is attached hereto as Exhibit A and made a part hereof. 1.10 “Person” shall mean any individual, sole proprietorship, partnership, joint venture, trust,

unincorporated organization, association, corporation, institution, entity, party, or government (whether national, federal, state, county, city, municipal or otherwise, including, without limitation, any instrumentality, division, agency, body or department thereof).

1.11 “Project” shall mean the project described on Exhibit B attached hereto and made a

part hereof, which project is to be financed in whole or part by Loan proceeds. 1.12 “Security Agreement” shall mean the Security Agreement dated of even date herewith

pursuant to which Borrower has granted Lender a security interest in the Collateral. 1.13 “Security Documents” shall mean the Security Agreement and all agreements,

instruments, documents, financing statements, warehouse receipts, bills of lading, notices of assignment of accounts, schedules of accounts assigned, mortgages, guarantees and other written matter necessary or requested by Lender to perfect and maintain perfected Lender’s security interest in the Collateral or to secure repayment of the Loan.

1.14 “Subsidiary” shall mean any corporation of which more than fifty percent (50%) of the

outstanding capital stock having ordinary voting power to elect a majority of the board of directors of such corporation is at the time, directly or indirectly, owned by Borrower and/or one or more Subsidiaries of Borrower.

Any accounting terms used in this Agreement which are not specifically defined shall have

the meanings customarily given them in accordance with Generally Accepted Accounting Principles.

II. THE LOAN

2.1 Agreement to Lend. Lender agrees on the terms and conditions set forth in this Agreement, to lend to Borrower the sum of Twenty Thousand Dollars - $20,000. The Loan shall be evidenced by the Note and shall be repayable in accordance with the terms thereof.

2.2 Term of Loan. The Loan shall be repaid in accordance with the terms of the “Note”, Exhibit

A of this Loan Agreement. III. CONDITIONS TO LOANS The obligation of Lender to make advances with respect to the Loan is subject to the satisfaction of the following conditions:

3.1 Representation and Warranties. On and as of the date each advance by Lender with respect to the Loan is made, the representations and warranties set forth in Article IV shall be true.

Page 4 of 12

3.2 No Default. On and as of the date each advance by Lender with respect to the Loan is made, no Default shall exist and be continuing.

3.3 Evidence of Other Financing. On or prior to the date of the initial advance with respect

to the Loan, the debt and equity financing of borrower related to project, as set forth on Exhibit C attached hereto and made a part hereof, shall be in amount, form and substance acceptable to Lender and Lender shall have received evidence satisfactory to it that Exhibit C is true and correct.

3.4 Note. On or prior to the date of the initial advance with respect to the Loan, the Note

shall have been executed and delivered to Lender. 3.5 Collateral. On or prior to the date of the initial advance with respect to the Loan, the

Security Document shall have been executed and delivered to the Lender and Lender shall be satisfied that its liens and security interests in the Collateral are perfected and subject only to those prior liens or security interests set forth on Exhibit D attached hereto and made a part hereof.

3.6 Corporate or Partnership Documents. On or prior to the date of the initial advance with

respect to the Loan, Lender shall have received a certified copy of the Borrower’s Articles of Incorporation and By-Laws or Partnership Certificate and Partnership Agreement, as the case may be, evidence of Borrower’s good standing and resolutions of the Board of Directors of the Borrower or the general partner, as the case may be, authorizing the borrowing under this Agreement and such additional supporting documents as Lender may request.

3.7 Legal Matters. On or prior to the date of the initial advance with respect to the Loan, all

legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to Lender.

IV. REPRESENTATIONS AND WARRANTIES

Borrower represents and warrants that: * 4.1 Corporate or Partnership Existence and Power. Borrower is a corporation or partnership, as

the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or

* If Borrower is not a corporation or partnership, certain of the provisions of Articles III, IV and V are inapplicable, all as described in Section 8.9

partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted.

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4.2 Corporate or Partnership Authorization; Governmental Authorization. The execution,

delivery and performance by Borrower of this Agreement, the Note and the Security Documents are within Borrower’s corporate or partnership powers, have been duly authorized by all necessary corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Borrower, as the case may be.

4.3 Binding Effect. This Agreement, the Note and the Security Documents constitute

valid and binding agreements of Borrower. 4.4 Accuracy of Application. The Application is in all respects true and accurate except as

modified by Exhibit B and there are no omissions or other facts or circumstances which may be material to the Project except as disclosed on the Application or on Exhibit B.

4.5 Collateral. Borrower has good title to and ownership of the Collateral, free and clear of all

liens, claims, security interests and encumbrances except those of Lender and those, if any, described on Exhibit D.

4.6 Financials. The financial statements delivered to Lender pursuant to the Application

and Section 5.3 fully and accurately present the financial condition of Borrower. No material adverse change in the condition, financial or otherwise, of Borrower has occurred since the date of the financial statements most recently delivered to Lender.

4.7 No Default. Borrower is not, and will not be, as a result of the execution, delivery and performance of this Agreement, in default in the performance, observation or fulfillment of

any covenant or obligation contained in any material agreement or other instrument to which Borrower is a party.

4.8 Litigation. There are no actions or proceedings which are pending or, to the best of Borrower’s knowledge, threatened against Borrower or any other Person which might result

in any material adverse change in Borrower’s operations, its assets or the collateral, except as previously disclosed by Borrower and acknowledged by Lender.

4.9 ERISA. Borrower has received no notice to the effect that it is not in full compliance with

any of the requirements of the Employee Retirement Income Security Act of 1974, as amended, (“ERISA”) and the regulations promulgated thereunder and, to the best of its knowledge there exists no event described in Section 4043 of ERISA, excluding subsections 4043(b) (2) and 4043(b) (3) thereof.

4.10 Taxes. Borrower has filed all federal, state and local tax returns and other reports, or has

been included in consolidated returns or reports filed by an Affiliate, which Borrower is required by law to file and all charges that are due and payable have been paid.

4.11 Intellectual Property. To the best of Borrower’s knowledge, Borrower has

appropriate licenses, patents, patent applications, copyrights, trademarks and trade

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names to conduct its business, to undertake and complete the Project and to protect its proprietary information.

4.12 Bribery. Neither Borrower nor, to the best of Borrower’s knowledge, any of Borrower’s

employees have been convicted of bribing or attempting to bribe an officer or employee of the City of Galesburg, nor has the Borrower made an admission of guilt of such conduct which is a matter of record.

V. COVENANTS AND CONTINUING AGREEMENTS

Borrower agrees that so long as any amount of the Loan remains unpaid: 5.1 Project. Borrower shall at all times perform the Project in accordance with the description

on Exhibit B and will use all proceeds of the Loan to finance the Project in accordance with the Budget set forth on Exhibit B.

5.2 Audit. Borrower shall keep detailed records of the Project and the use of Loan proceeds. 5.3 Financial Statements. Borrower shall furnish to Lender: As soon as available, but not later

than 120 days after the end of each fiscal year of Borrower, a true and correct copy of Borrower’s federal income tax return for such year just ended, prepared by a tax preparer. Furthermore, Borrower shall provide as often as requested by Lender, an unaudited financial statement of Borrower as at the end of the quarter of Borrower’s fiscal year then elapsed, certified by Borrower’s principal financial officer and prepared in accordance with Generally Accepted Accounting Principles and fairly presenting the financial position and results of all operations of Borrower for such quarter.

5.4 Corporate or Partnership Existence. Borrower shall do all things necessary to preserve and

keep in full force and effect it’s corporate or partnership existence, as the case may be. 5.5 Taxes, Etc. Borrower shall pay and discharge all taxes and governmental charges imposed

upon it and shall maintain such workmen’s compensation insurance, unemployment insurance, retirement benefits and health benefits as may be required by law.

5.6 Insurance. Borrower shall keep and maintain its property insured for its full insurable value

against loss or damage by fire, theft, explosion, sprinklers and all other hazards and risks ordinarily insured against by other owners or users of such properties in similar businesses. If Borrower’s property is located in an area designated as a flood hazard area, Borrower shall maintain federal flood insurance if such coverage is available. All insurance policies shall be in form, substance and amount satisfactory to Lender, and shall contain an endorsement showing loss payable to Lender, as its interest shall appear. Such endorsement shall provide that the insurance companies shall give Lender at least 30 days prior written notice before any such policy shall be altered or canceled and that no act or default of Borrower or any other person shall affect the right of Lender to recover under such policy in case of loss or

Page 7 of 12

damage. Borrower hereby directs all insurers under such policies to pay all proceeds payable thereunder directly to Lender. From and after a default, Borrower irrevocably makes, constitutes and appoints Lender as Borrower’s attorney (and agent-in-fact) for the

purpose of making, settling or adjusting claims under such policies, endorsing the name of Borrower on any check, draft, instrument or other item of payment for the proceeds of such policies and for making all determinations and decisions with respect to such policies. If Borrower shall fail to obtain or maintain any of the policies required by this Section 5.6 or to pay any premium relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may (but shall be under no obligation to do so) obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto which Lender deems advisable.

5.7 Maintenance of Assets. Borrower shall at all times maintain its assets and shall not assign,

sell, encumber, pledge or grant any lien or security interest in the Collateral except for sales in the ordinary course of business and as otherwise expressly provided for and consented to by Lender pursuant to this Agreement.

5.8 Corporate Reorganization. Borrower shall not, without Lender’s prior written consent,

merge or consolidate with any Person, sell or distribute a substantial portion of its assets or acquire capital stock or assets of any Person.

5.9 Capital Stock. Borrower shall not, without Lender’s prior written consent, declare or pay any dividend or distribution on its capital stock which would materially adversely

affect Borrower’s ability to perform under the terms and conditions of this Agreement, or redeem, retire or purchase its capital stock or make any payment or distribution on account of its partnership interests, as the case may be, or make any material change in its capital structure.

5.10 Interested Transactions. Borrower shall not enter into any transaction with

any Affiliate, officer, director, stockholder or partner of Borrower, as applicable, except in the ordinary course of and pursuant to the reasonable requirements of Borrower’s business and upon fair and reasonable terms which are fully disclosed to Lender and are no less favorable to Borrower than Borrower would obtain in a comparable arm’s length transaction with a Person not an Affiliate, officer, director, stockholder or partner of Borrower, as applicable.

5.11 Loans to Certain Persons. Borrower shall not make any loans or other advances of

money (other than salary) to officers, directors, and individual stockholders of Borrower. Further, Borrower shall obtain Lender’s prior written consent when making loans to partners or Affiliates of Borrower when said loan is made on terms and conditions less favorable to Borrower than Borrower would obtain in an arm’s length transaction with a Person not an Affiliate or partner of Borrower, as applicable.

5.12 Compliance with Law. Borrower shall comply with all applicable state and federal law

and regulations promulgated thereunder. Borrower shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age

Page 8 of 12

or disability, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. Borrower shall also comply with all provisions identified in Exhibit E.

5.13 WIA Use. Borrower agrees to utilize the Workforce Investment Act where possible. 5.14 New Debt. Borrower agrees to not secure additional new debt without Lenders prior written

consent. VI. DEFAULTS

6.1 Defaults. If one or more of the following events (“Defaults”) shall have occurred and be continuing:

(a) Borrower shall fail to pay within five (5) days of when due, any amount due under the Note or other amount payable to Lender under this Agreement; (b) Borrower shall fail to observe or perform any covenant, requirement, or agreement

contained in this Agreement, including the Exhibits hereto, for ten (10) days after written notice thereof has been given to the Borrower by Lender;

(c) Any representation, warranty, certificate or statement made by Borrower in this

Agreement, including the Exhibits hereto, or in any certificate, report, financial statement of other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect;

(d) A default shall occur with respect to any indebtedness of Borrower for Borrowed

money or with respect to any material agreement or instrument to which Borrower is a party;

(e) Borrower shall fail to observe or perform any covenant or agreement contained in

any Security Document or a default shall occur under any Security Document; (f) Borrower shall commence a voluntary case or other proceeding seeking liquidation,

reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing;

(g) An involuntary case or other proceeding shall be commenced against Borrower

Page 9 of 12

seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or thereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or

any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Borrower under the federal bankruptcy laws as now or hereafter in effect;

(h) There shall be entered against Borrower one or more judgements or decrees in excess

of $10,000 in the aggregate at any time outstanding, excluding judgements or decrees which have been vacated, discharged, stayed or bonded pending appeal within thirty (30) days from entry thereof and judgements to the extent covered by insurance;

(i) Borrower shall cease to own 100 percent of the issued and outstanding voting stock

or of any of the outstanding partnership interests, as the case may be, of Borrower; (j) Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana ceases business operations

at 323 East Main Street in the Lender’s community for any reason, including, but not limited to, fire or other casualty for one hundred and eighty (180) consecutive days;

(k) Borrower fails to create/retain jobs as identified in Exhibit B or meet the low and

moderate income benefit requirements; (l) Borrower relocates the business outside of the corporate limits of the Lender’s

community; (m) Borrower sells the real property upon which the property is located;

Then, Lender may declare the Loan to be immediately due and payable without presentment, demand, protest or other notice of any kind, all which are hereby waived by Borrower.

6.2 Remedies with Respect to Collateral. If a Default shall have occurred, Lender shall have

such rights with respect to the Collateral as are specified in the Security Documents. 6.3 Interest Upon Default. During such period as a Default shall have occurred and be

continuing, interest on the Loan shall accrue and be payable at Default Rate. VII. REMEDIES & TERMINATION

7.1 Notice and Cure. Upon the occurrence of an Event of Default, the non-defaulting party shall notify the defaulting party in writing of such Event of Default and material adverse impact it has caused, whereupon the defaulting party shall have thirty (30) days from its receipt of such notice to cure such Event of Default; provided, however, that if the Event of Default is not reasonably capable of being cured within thirty (30) days, the defaulting party shall not be deemed to be in default of its obligations hereunder so long as it begins to cure such failure or violation within such thirty (30) day period and thereafter uses its best efforts to pursue and implement a cure.

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7.2 Remedies with Respect to Collateral. If a Default shall have occurred, Lender shall have such rights with respect to the Collateral as are specified in the Security Documents.

7.3 Alternative Remedies. After the applicable cure period for any Event of Default by Borrower

has expired without cure, the Lender may, as an alternative to the rights specified in this Loan Agreement, have the right to impose reasonable special conditions or restrictions upon Borrower with respect to the defaulted obligation, with which Borrower shall comply, inc1uding the following:

(a) Requiring additional, more detailed financial reports and monitoring; (b) Requiring Borrower to obtain, at Borrower's expense, additional technical or

management assistance in substitution for any technical. or management services failure which formed the basis of the default;

(c) Establishing additional prior approvals; (d) Requiring Borrower, within a time period established by the Lender, to prepare a

revised plan for implementation; or (e) Requiring Borrower to terminate defaulting Contractors.

7.4 Termination. If Borrower shall fail to cure any Event of Default upon notice and within the

time for cure provided for herein, the Lender may, by written notice to Borrower, terminate this Agreement and may pursue such other rights and remedies as the Lender may be entitled to at law or equity.

VIII. MISCELLANEOUS

8.1 Notices. Notice required hereunder shall be in writing and shall be deemed to have been validly served, given or delivered upon deposit in the United States mails, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice.

8.2 General Indemnification. Borrower shall fully and completely indemnify, defend and hold

harmless Lender for all losses, costs, expenses (including attorneys’ fees and expenses and cost of settlement), damages, penalties, actions, judgements, suits or other liabilities, or disbursement of any kind, which Lender may incur or which may be imposed upon or asserted against Lender in any way relating to or arising out this Agreement or Borrower’s use of the proceeds of the Loan.

8.3 Right of Inspection; Reporting. Lender shall have the right of access, at all reasonable hours,

to Borrower’s premises and books and records for purposes of inspection of the Collateral and determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Borrower shall furnish to Lender such information as Lender may reasonably request with respect to this Agreement or the Project.

8.4 Expenses. Borrower shall pay on demand all out-of-pocket expenses incurred by

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Lender in connection with the perfection of Lender’s rights in the Collateral (including recording and filing fees, UCC lien searches, mortgage taxes, title insurance and survey costs and documentary stamp and other taxes) and the enforcement of the rights of Lender in connection with

this Agreement or with the borrowings hereunder. 8.5 Survivals. All covenants, agreements, representations and warranties made herein and in the

certificates delivered pursuant hereto shall survive the making of the Loan herein contemplated and shall continue in full force and effect so long as any portion of the Loan shall be outstanding and unpaid.

8.6 No Waivers. No failure or delay by Lender in exercising any right, power or privilege

hereunder or under any Security Document shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

8.7 Severability. Wherever possible each provision of this Agreement shall be interpreted in

such manner as to be effective and valid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement.

8.8 Integration. This Agreement represents the full and complete agreement between the parties

with respect to the matters addressed herein and there are no oral agreements or understandings between the parties.

8.9 Borrower Not A Corporation or a Partnership. In the event that Borrower is not

organized as a corporation or a partnership, Sections 3.6, 4.1, 4.2 and 5.4 shall not apply to Borrower, provided that Borrower represents and warrants that it possesses all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted.

8.10 Illinois Law. This Agreement shall be construed in accordance with and governed by the

law of the State of Illinois. 8.11 Counterparts; Effectiveness. This Agreement may be signed in any number of counterparts,

each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.

8.12 Amendments. No modification of or waiver of any provision of this Agreement, the

Note or any of the Security Documents shall be effective unless the same shall be in writing and signed by the parties hereto.

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

Ok Hyon Curtis, d/b/a Koreana _____________________________ Ok Hyon Curtis, Owner Amber Marie Jordan, d/b/a Koreana ____________________________ Amber Marie Jordan, Owner ATTEST: _________________________ Kelli R. Bennewitz City Clerk

CITY OF GALESBURG By: _______________________________ John Pritchard Mayor City Hall

55 West Tompkins Street P.O. Box 1387 Galesburg, Illinois 61402-1387

Exhibit A – Page 1 of 5 pages

EXHIBIT A to Loan Agreement between CITY OF GALESBURG and

Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana

PROMISSORY NOTE FOR VALUE RECEIVED, the undersigned, of Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana (the “Borrower”), hereby unconditionally promises to pay to the order of the City of Galesburg (the “Lender”), the principal sum of Twenty Thousand ($20,000.00) or such lesser amount as may have been advanced by Lender under the Loan Agreement dated of even date herewith between Borrower and Lender, together with the interest on the unpaid principal balance thereof at an interest rate per annum equal at all times to three percent (3%). In the event of a “Default” as defined in the Loan Agreement, Borrower shall pay interest from the date of Default until payment in full of all principal and interest due on the loan or cure satisfactory to Lender at a per annum rate of twelve percent (12%). Interest shall be computed on the basis of a year of 360 days and actual days elapsed and shall be payable on the first day of each calendar month for the immediately preceding month.

The principal indebtedness evidenced hereby shall be payable according to the following schedule:

a) The first day of the loan shall commence on August 10, 2017, b) The first payment on the loan shall be September 1, 2017, c) For the first six months, payments will be interest only. The first payment

(September 1, 2017) will be $36.16. The second payment through the sixth payment will be $50.00.

d) For the seventh payment, and on the same day of each month thereafter, through the one hundred twentieth payment, Borrower shall pay Lender a monthly installment of $201.84, with all payments applied first to interest then to principal,

e) On the last day of the loan, being August 1, 2027, Borrower shall pay Lender a final payment of $201.84 or an installment in the amount necessary to repay the unpaid principal amount of the loan and accrued interest made under the Loan Agreement in full.

This Promissory Note may be prepaid in whole or in part at any time or from time to time

without fee or penalty. Both principal and interest are payable and prepayable in lawful money of the United States of America to Lender at Galesburg, Illinois, in immediately available funds. All advances made by Lender to Borrower under the Loan Agreement and all payments made on account of principal and interest hereof shall be recorded by Lender on the books and records of Lender.

The Promissory Note is issued pursuant to the Loan Agreement and is subject to the terms thereof. Upon the happening of certain events described in the Loan Agreement, this Promissory Note may be declared by Lender to be immediately due and payable.

Should the indebtedness represented by this Promissory Note or any part thereof be collected

Exhibit A – Page 2 of 5 pages

at law or in equity or in bankruptcy, receivership or other court proceedings or this Promissory Note is placed in the hands of attorneys for collection after Default, Borrower agrees to pay, in addition to the principal and interest due and payable hereon, reasonable attorney’s fees and costs of collection.

Borrower and any endorser hereof hereby waive presentment for payment, notice of dishonor, protest and notice of protest and other notices of every kind, and, to the fullest extent permitted by law, all rights to plead any statute of limitations as a defense to any action hereunder. No delay on the part of the holder hereof in exercising any rights hereunder shall operate as a waiver of such rights.

This Promissory Note shall be governed by, and for all purposes construed in accordance with, the laws of the State of Illinois. Dated this _______ day of _______, 2017.

Ok Hyon Curtis, d/b/a Koreana By: _______________________________

Ok Hyon Curtis, Owner

Amber Marie Jordan, d/b/a Koreana By: _______________________________

Amber Marie Jordan, Owner

Exhibit A – Page 3 of 5 pages

KOREANA Compound Period: Monthly Nominal Annual Rate: 3.000 % Event Date Amount Number Period End Date 1 Loan 08/10/2017 20,000.00 1 2 Payment 09/01/2017 Interest Only 6 Monthly 02/01/2018 3 Payment 03/01/2018 201.84 114 Monthly 08/01/2027

AMORTIZATION SCHEDULE - Normal Amortization

Date Payment Interest Principal Balance Loan 08/10/2017 20,000.00

1 09/01/2017 36.16 36.16 0.00 20,000.00 2 10/01/2017 50.00 50.00 0.00 20,000.00 3 11/01/2017 50.00 50.00 0.00 20,000.00 4 12/01/2017 50.00 50.00 0.00 20,000.00

2017 Totals 186.16 186.16 0.00

5 01/01/2018 50.00 50.00 0.00 20,000.00 6 02/01/2018 50.00 50.00 0.00 20,000.00 7 03/01/2018 201.84 50.00 151.84 19,848.16 8 04/01/2018 201.84 49.62 152.22 19,695.94 9 05/01/2018 201.84 49.24 152.60 19,543.34

10 06/01/2018 201.84 48.86 152.98 19,390.36 11 07/01/2018 201.84 48.48 153.36 19,237.00 12 08/01/2018 201.84 48.09 153.75 19,083.25 13 09/01/2018 201.84 47.71 154.13 18,929.12 14 10/01/2018 201.84 47.32 154.52 18,774.60 15 11/01/2018 201.84 46.94 154.90 18,619.70 16 12/01/2018 201.84 46.55 155.29 18,464.41

2018 Totals 2,118.40 582.81 1,535.59

17 01/01/2019 201.84 46.16 155.68 18,308.73 18 02/01/2019 201.84 45.77 156.07 18,152.66 19 03/01/2019 201.84 45.38 156.46 17,996.20 20 04/01/2019 201.84 44.99 156.85 17,839.35 21 05/01/2019 201.84 44.60 157.24 17,682.11 22 06/01/2019 201.84 44.21 157.63 17,524.48 23 07/01/2019 201.84 43.81 158.03 17,366.45 24 08/01/2019 201.84 43.42 158.42 17,208.03 25 09/01/2019 201.84 43.02 158.82 17,049.21 26 10/01/2019 201.84 42.62 159.22 16,889.99 27 11/01/2019 201.84 42.22 159.62 16,730.37 28 12/01/2019 201.84 41.83 160.01 16,570.36

2019 Totals 2,422.08 528.03 1,894.05

29 01/01/2020 201.84 41.43 160.41 16,409.95 30 02/01/2020 201.84 41.02 160.82 16,249.13 31 03/01/2020 201.84 40.62 161.22 16,087.91 32 04/01/2020 201.84 40.22 161.62 15,926.29 33 05/01/2020 201.84 39.82 162.02 15,764.27 34 06/01/2020 201.84 39.41 162.43 15,601.84

Exhibit A – Page 4 of 5 pages

35 07/01/2020 201.84 39.00 162.84 15,439.00 36 08/01/2020 201.84 38.60 163.24 15,275.76 37 09/01/2020 201.84 38.19 163.65 15,112.11 38 10/01/2020 201.84 37.78 164.06 14,948.05 39 11/01/2020 201.84 37.37 164.47 14,783.58 40 12/01/2020 201.84 36.96 164.88 14,618.70

2020 Totals 2,422.08 470.42 1,951.66

41 01/01/2021 201.84 36.55 165.29 14,453.41 42 02/01/2021 201.84 36.13 165.71 14,287.70 43 03/01/2021 201.84 35.72 166.12 14,121.58 44 04/01/2021 201.84 35.30 166.54 13,955.04 45 05/01/2021 201.84 34.89 166.95 13,788.09 46 06/01/2021 201.84 34.47 167.37 13,620.72 47 07/01/2021 201.84 34.05 167.79 13,452.93 48 08/01/2021 201.84 33.63 168.21 13,284.72 49 09/01/2021 201.84 33.21 168.63 13,116.09 50 10/01/2021 201.84 32.79 169.05 12,947.04 51 11/01/2021 201.84 32.37 169.47 12,777.57 52 12/01/2021 201.84 31.94 169.90 12,607.67

2021 Totals 2,422.08 411.05 2,011.03

53 01/01/2022 201.84 31.52 170.32 12,437.35 54 02/01/2022 201.84 31.09 170.75 12,266.60 55 03/01/2022 201.84 30.67 171.17 12,095.43 56 04/01/2022 201.84 30.24 171.60 11,923.83 57 05/01/2022 201.84 29.81 172.03 11,751.80 58 06/01/2022 201.84 29.38 172.46 11,579.34 59 07/01/2022 201.84 28.95 172.89 11,406.45 60 08/01/2022 201.84 28.52 173.32 11,233.13 61 09/01/2022 201.84 28.08 173.76 11,059.37 62 10/01/2022 201.84 27.65 174.19 10,885.18 63 11/01/2022 201.84 27.21 174.63 10,710.55 64 12/01/2022 201.84 26.78 175.06 10,535.49

2022 Totals 2,422.08 349.90 2,072.18

65 01/01/2023 201.84 26.34 175.50 10,359.99 66 02/01/2023 201.84 25.90 175.94 10,184.05 67 03/01/2023 201.84 25.46 176.38 10,007.67 68 04/01/2023 201.84 25.02 176.82 9,830.85 69 05/01/2023 201.84 24.58 177.26 9,653.59 70 06/01/2023 201.84 24.13 177.71 9,475.88 71 07/01/2023 201.84 23.69 178.15 9,297.73 72 08/01/2023 201.84 23.24 178.60 9,119.13 73 09/01/2023 201.84 22.80 179.04 8,940.09 74 10/01/2023 201.84 22.35 179.49 8,760.60 75 11/01/2023 201.84 21.90 179.94 8,580.66 76 12/01/2023 201.84 21.45 180.39 8,400.27

2023 Totals 2,422.08 286.86 2,135.22

77 01/01/2024 201.84 21.00 180.84 8,219.43 78 02/01/2024 201.84 20.55 181.29 8,038.14

Exhibit A – Page 5 of 5 pages

79 03/01/2024 201.84 20.10 181.74 7,856.40 80 04/01/2024 201.84 19.64 182.20 7,674.20 81 05/01/2024 201.84 19.19 182.65 7,491.55 82 06/01/2024 201.84 18.73 183.11 7,308.44 83 07/01/2024 201.84 18.27 183.57 7,124.87 84 08/01/2024 201.84 17.81 184.03 6,940.84 85 09/01/2024 201.84 17.35 184.49 6,756.35 86 10/01/2024 201.84 16.89 184.95 6,571.40 87 11/01/2024 201.84 16.43 185.41 6,385.99 88 12/01/2024 201.84 15.96 185.88 6,200.11

2024 Totals 2,422.08 221.92 2,200.16

89 01/01/2025 201.84 15.50 186.34 6,013.77 90 02/01/2025 201.84 15.03 186.81 5,826.96 91 03/01/2025 201.84 14.57 187.27 5,639.69 92 04/01/2025 201.84 14.10 187.74 5,451.95 93 05/01/2025 201.84 13.63 188.21 5,263.74 94 06/01/2025 201.84 13.16 188.68 5,075.06 95 07/01/2025 201.84 12.69 189.15 4,885.91 96 08/01/2025 201.84 12.21 189.63 4,696.28 97 09/01/2025 201.84 11.74 190.10 4,506.18 98 10/01/2025 201.84 11.27 190.57 4,315.61 99 11/01/2025 201.84 10.79 191.05 4,124.56

100 12/01/2025 201.84 10.31 191.53 3,933.03 2025 Totals 2,422.08 155.00 2,267.08

101 01/01/2026 201.84 9.83 192.01 3,741.02 102 02/01/2026 201.84 9.35 192.49 3,548.53 103 03/01/2026 201.84 8.87 192.97 3,355.56 104 04/01/2026 201.84 8.39 193.45 3,162.11 105 05/01/2026 201.84 7.91 193.93 2,968.18 106 06/01/2026 201.84 7.42 194.42 2,773.76 107 07/01/2026 201.84 6.93 194.91 2,578.85 108 08/01/2026 201.84 6.45 195.39 2,383.46 109 09/01/2026 201.84 5.96 195.88 2,187.58 110 10/01/2026 201.84 5.47 196.37 1,991.21 111 11/01/2026 201.84 4.98 196.86 1,794.35 112 12/01/2026 201.84 4.49 197.35 1,597.00

2026 Totals 2,422.08 86.05 2,336.03

113 01/01/2027 201.84 3.99 197.85 1,399.15 114 02/01/2027 201.84 3.50 198.34 1,200.81 115 03/01/2027 201.84 3.00 198.84 1,001.97 116 04/01/2027 201.84 2.50 199.34 802.63 117 05/01/2027 201.84 2.01 199.83 602.80 118 06/01/2027 201.84 1.51 200.33 402.47 119 07/01/2027 201.84 1.01 200.83 201.64 120 08/01/2027 201.84 0.20 201.64 0.00

2027 Totals 1,614.72 17.72 1,597.00

Grand Totals 23,295.92 3,295.92 20,000.00

Exhibit B – Page 1 of 1 pages

EXHIBIT B to Loan Agreement between

CITY of GALESBURG and

Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana

Description of Project The City of Galesburg has monies available in its Revolving Loan Fund to aid business within the community. The City will loan monies from this fund to Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana to assist the business in acquiring and installing a grease interceptor and exhaust hood with fire suppression at 323 East Main Street to operate a restaurant. The uses of funds and the financing required for the project are provided in the “Project Budget” below. The City’s loan of $20,000 is being provided at three percent (3%) over a term of ten (10) years, amortized over ten (10) years. The first 6 months of payments will be interest only. The project will result in the creation of 3 full-time equivalent jobs and 7 part-time equivalent jobs.

Project Budget

USES OF FUNDS SOURCES OF FUNDS

Machinery & Equipment $ 35,635 31% City of Galesburg - (RLF) $ 20,000 17%

Leasehold Improvement $ 56,500 48% FMIBT $ 80,000 68%

Inventory $ 5,000 4% FMIBT $ 15,000 13%

Working Capital $ 20,130 17% Owner's Equity $ 2,265 2%

TOTAL USES $ 117,265 100% TOTAL SOURCES $ 117,265 100%

Note: FMIBT = First Mid Illinois Bank and Trust

Exhibit C – Page 1 of 1 pages

EXHIBIT C to Loan Agreement between

CITY of GALESBURG and

Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana

OTHER FINANCING OF BORROWER

SOURCES OF FUNDS Interest

RateTerm Amortized

Lien Position

FMIBT $ 80,000 68% variable 10 yrs 10 yrs 1st

FMIBT $ 15,000 13% variable 3 yrs 3 yrs 2nd

City of Galesburg - (RLF) $ 20,000 17% 3.00% 10 yrs 10 yrs 3rd

Owner's Equity $ 2,265 2%

TOTAL SOURCES $ 117,265 100%

Note: FMIBT = First Mid Illinois Bank and Trust

Exhibit D – Page 1 of 2 pages

EXHIBIT D to Loan Agreement between

CITY of GALESBURG and

Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana

OTHER LIENS, CLAIMS or ENCUMBRANCES AGAINST the COLLATERAL

First Mid-Illinois Bank and Trust: First and second lien position on the mortgage at 806 East Knox Street, Galesburg, IL

61401. First and second lien position UCC-1 filing to the IL Secretary of the State for all

business assets.

The City of Galesburg will secure its loan through: a third lien position on the Mortgage at 806 East Knox Street, Galesburg, IL 61401. a third lien position UCC-1 filing to the IL Secretary of the State for all business assets.

List of Collateralized Items

The list of collateral with their values are provided below and in the attached. In addition, all business assets will be used as collateral.

Exhibit D – Page 1 of 2 pages

Equipment Cost Quantity New Cost

KitchenFreezer 2,285.00$        1 600.00$        

Refrigerator 2,045.00$        1 1,000.00$          

6burner stove/gridd 2,529.00$        1 750.00$        

Charbroiler 553.00$          1 586.00$        

Food prep cooler (3  2,976.00$        1 1,000.00$          

Fryer 263.00$          1 Had to go to gas 569.00$        

stainless steel carts 270.00$          2 270.00$        

Hood 2,380.00$        1

Prep Table 2,005.00$        1 1,469.00$          

Work Table 3,715.00$        1

table for grill/fryer 1,000.00$        1

pots/pans 400.00$          400.00$        

serving utensils 200.00$          15 200.00$        

Dish sink  renting

Dishwasher  renting 1

handwashing sink 99.00$       1 For 2 80.00$        

prep sink 425.00$          1 425.00$        

Kitchen floor mat

faucet

mop bucket

towel dispenser

thermometer 15.00$       2 15.00$        

steam table pans 500.00$          variety 500.00$        

bus tubs 40.00$       3 20.00$        

ice machine rent rent

storing pans/contain 200.00$          variety 200.00$        

hot buffet table 3,180.00$        1 1,500.00$          

cold buffet table 2,850.00$        1 450.00$        

plates 150.00$          100 150.00$        

cups 100.00$          50 100.00$        

Register 200.00$          1 200.00$        

multipurpose cart 225.00$          3 225.00$        

high chairs/booster 100.00$          4 100.00$        

2 seat bar set 326.00$          2 326.00$        

backless dbl ring bar 219.00$          6 219.00$        

tables plus 4 chairs 2,540.00$        10 t / 40 ch 2,540.00$          

napkin holders 50.00$       10 50.00$        

soy sauce holders 20.00$       10 20.00$        

utensils 200.00$          150 200.00$        

beer glasses 50.00$       50.00$        

wine glasses 50.00$       50.00$        

shot glasses 10.00$       10.00$        

3 compartment underbar sink

glass cleaner

glass sanitizer

beer cooler 1,661.00$         1 1,661.00$          

Grease Trap 7,500.00$          

Exhaust hood 12,200.00$       

Ok Hyon Curtis dba Koreana equipment purchases as of 7/24/2017

Exhibit E - Page 1 of 8

EXHIBIT E to Loan Agreement between CITY of GALESBURG and

Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana

REGULATORY REQUIREMENTS 1. Equal Employment Opportunity. During the Performance of this Agreement the Firm agrees

as follows:

a. The Borrower will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The Borrower will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; and selection for training, including apprenticeship. The Borrower agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Lender setting forth the provisions of this non-discrimination clause.

b. The Borrower, in all solicitation or advertisements for employees placed by or on behalf of

the Borrower, states that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin.

c. The Borrower will cause the foregoing provisions to be inserted in all contracts or

subcontracts for any work covered by this Loan Agreement so that such provisions will be binding upon each contractor or subcontractor, provided that the forgoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

2. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the

grounds of race, color, or national origin, be excluded from participating in, be denied by benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

3. Section 109 of the Housing and Community Development Act of 1974.

a. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or in part with funds made available under this title.

4. “Section 3" Compliance in the Provision of Training, Employment and Business

Opportunities.

a. The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the

Exhibit E - Page 2 of 8

greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in the substantial part by persons residing in the area of project.

b. The parties to this Loan Agreement will comply with the provisions of said Section 3 and the

regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

c. The Borrower will send to each labor organization or representative of workers with which he

has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of his commitments under this Section 3 clause and places available to employees and applicants for employment or training.

d. The Borrower will include this Section 3 clause in every contract or subcontract for work in

connection with the project.

e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135 shall be a condition of the Federal financial assistance provided to the project, binding upon the recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall be subject the recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the agreement through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

5. Section 504 of the Rehabilitation Act of 1973.

a. The Borrower will not discriminate against any employee or applicant for employment for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Borrower agrees to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

b. The Borrower will cause the provision of this clause to be included in every contract or

subcontract or purchase order of $2,500.00 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each contractor or subcontractor with respect to any contract or subcontract or purchase order to this Loan Agreement.

6. Section 402.

Exhibit E - Page 3 of 8

a. The Borrower will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The Borrower agrees to employ, advance in employment and otherwise treat qualified disabled veterans of the Vietnam era without discrimination based upon their disability or veteran status in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship.

b. The Borrower will include the provisions of this clause in every contract or subcontract or

purchase order of $10,000 or more made pursuant to this Loan Agreement unless exempted by rules, regulation, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each contractor or subcontractor or vendor.

7. Age Discrimination Act of 1975, as Amended.

The Borrower will not discriminate against any employee or applicant on the basis of age. 8. The Federal Labor Standards Provisions. The project to which the work covered by this Agreement pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions shall be included in any contract or subcontract pursuant to this Loan Agreement.

a. Minimum Wage Rates for Laborers and Mechanics. All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Pubic Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonable anticipated under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

b. Underpayments of Wages or Salaries. In case of underpayment of wages by the Contractor

or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public

Exhibit E - Page 4 of 8

Body in addition to such of the rights as may be afforded it under this contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to funds/or programs for any type of fringe benefit prescribed in the applicable wage determination.

c. Anticipated Costs of Fringe Benefits. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, the Secretary of Labor has found, upon written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings.

d. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76

Stat. 357-360: Title 40 U.S.C., Section 327-332).

(i) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be.

(ii) Violation: liability for unpaid wages liquidated damages. In the event of any violation

of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a).

(iii) Withholding for liquidated damages. The Local Public Agency or Public Body shall

withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clauses set forth in paragraph (b).

(iv) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in

Exhibit E - Page 5 of 8

paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made.

e. Apprentices and Trainees.

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate

for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in this first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in paragraph 2, below, or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeymen hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall not be less than the appropriate percentage of the journeymen’s rate contained in the applicable wage.

(ii) Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at

less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidence by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered an participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed.

(iii) Equal Employment Opportunity. The utilization of apprentices trainees and journeymen

under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

f. Employment of Certain Persons Prohibited. No person under the age of sixteen years and

Exhibit E - Page 6 of 8

no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract.

g. Regulations Pursuant to So-Called “Anti-Kickback Act”. The Contractor shall comply with

the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called “Anti-Kickback Act” of a June 13, 1934 (48 (Stat. 948; 62 Stat. 862 Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amendment or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractor subject thereto, and shall be responsible for the submission of affidavits required by subcontractor thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerance, and exemptions from the requirements thereof.

h. Employment of Laborers or Mechanics Not Listed in Foresaid Wage Determination

Decision. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, through the Department of Commerce and Community Affairs, to the Secretary of Labor, Untied States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the questions by the recommendation of the Local Public Agency or Public Body shall be referred, through the Department of Commerce and Community Affairs to the Secretary of Labor for final determination.

i. Fringe Benefits Not Expressed as Hourly Wage Rates. The local Public Agency or Public

Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanic includes a fringe benefit which is expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent of thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the questions, accompanied by the recommendation of the Local Public Agency or Pubic Body, shall be referred, through the Department of Commerce and Community Affairs, to the Secretary of Labor for determination.

j. Posting Wage Determination Decisions and Authorizing Wage Deductions. The applicable

wage poster of the Secretary of Labor with determination decision of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications shall be posted at appropriate conspicuous points at the site of the work.

k. Complaints, Proceedings or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any compliant or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceedings under or

Exhibit E - Page 7 of 8

relating to the labor standards applicable under this Contract to his employer.

l. Claims and Disputes Pertaining to Wage Rates. Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto.

m. Questions Concerning Certain Federal Statues and Regulations. All questions arising

under this Contract which relate to the application or interpretation of (a) the aforesaid Anti- Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred, through the Local Public Agency or Public Body and the Department of Commerce and Community Affairs to the Secretary of Labor, United States Department of Labor, for said Secretary’s appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract.

n. Payrolls and Basic Payroll Records of Contractor and Subcontractors. The Contractor and

each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of payrolls of all subcontractors. Each payroll shall contain the “Weekly Statement of Compliance” set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic payroll records shall contain the same name and address of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked, deduction made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(l)(iv) of Title 29, Code of Federal Regulations that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available mechanics affected, and records which show the costs anticipated or the actual costs incurred for inspection by authorized representatives of the Department of Commerce and Community Affairs, the Local Public Agency or Public Body and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during the working hours on the job.

Exhibit E - Page 8 of 8

o. Specific Coverage of Certain Types of Work by Employees. The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by a subcontractor, shall for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable.

p. Ineligible Subcontractors. The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Local Public Agency’s or Public Body’s prior written approval of the subcontractor. The Local Public Body or Public Body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, united States Department of Labor or the Secretary of Housing and Urban Development, to receive an award of such subcontract.

q. Provisions to be Included in Certain Subcontracts. The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may, in turn, be made.

9. Breach of Foregoing Federal Labor Standards Provisions. In addition to the causes for

termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor.

City Hall • 55 West Tompkins Street • Galesburg, IL 61401• 309/345-3637 Page 1 of 1

Copeland “Anti-kickback” Act

TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1 001 of Title 1 8 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements. [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..."

Exhibit F – Page 1 of 1 pages

EXHIBIT F to Loan Agreement between CITY of GALESBURG and

Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana

AGREEMENT TO COMPLY WITH THE ILLINOIS PREVAILING WAGE RATE ACT

I hereby agree to the City of Galesburg, Knox County, Illinois, that all work under this project shall comply with the Prevailing Wage Rate Act (Act) of the State of Illinois, Illinois Compiled Statutes, 1987, Chapter 820, par. 130/31, et. seq, and as amended by Public Acts 86-799 and 86-693. I understand that all contractors and subcontractors will be required to follow the Act found at the Illinois Department of Labor website at http://www.state.il.us/agency/idol/rates/rates.HTM. Per the Act, contractors and subcontractors are required, among other things, to complete and submit a “Certified Transcript of Payroll” (CTP) which includes:

1) an Affidavit – Weekly Statement of Compliance (Form IL452CM01 Cover Page) 2) a Payroll Record – Weekly report of payroll allotments for each employee (Form IL452CM01)

I agree that I will require the general contractor of the project to sign an affidavit with the City requiring them to: a) comply with the Act b) submit any bids on the project to be quoted with IL Prevailing Wage Rates for Knox County, IL, c) collect the weekly CTP’s for itself and all subcontractors on the project, and d) submit CTP’s to the City no later than two weeks from end of a given pay period. I also agree that if I or the general contractor fails to abide by the Act and meet the above requirements for the project, the City will consider this as a condition of Default under any agreement by which the funds were obtained for the project.

Funding Agreement: Loan Project Name: Ok Hyon Curtis and Amber Marie Jordan, d/b/a Koreana Project Location: 323 East Main Street

Authorized Signature: Authorized Signature: Ok Hyon Curtis Amber Marie Jordan

Date Signed:

Date Signed:

___________________________________________________________________________________________________________________________________________________________________________________________

Prepared by: SG Page 1 of 1

COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Consider donation of a residence at 1361 Harrison Street.

SUMMARY RECOMMENDATION: The City Manager and Director of Planning & Public Works/City Engineer recommend the City Council approve the donation offer for the residence at 1361 Harrison Street from Wells Fargo Bank.

BACKGROUND: The Planning & Public Works Department was recently contacted by a representative from Wells Fargo Bank regarding the residence at 1361 Harrison Street. The representative indicated the bank recently foreclosed on the property and offered to donate the property to the City. City Inspectors and representatives of Project Rebound walked through the property to visually inspect the condition of the property. The residence and accessory structures are in need of various repairs and maintenance, but overall the property can be rehabilitated. Project Rebound is a not-for-profit entity. They work with contractors who renovate dilapidated homes that meet their project guidelines, and then offer them for sale to low-to-moderate income buyers in cooperation with locally participating banks.

If the City Council approves the donation, the recommendation would be to transfer the ownership of the property to a Project Rebound approved contractor using the process approved by Council via ordinance earlier this year, which would not require a competitive bidding process. This residence is the type of project Project Rebound seeks for their program.

BUDGET IMPACT: The bank would donate the property to the City, so there is no impact on the budget.

SUPPORTING DOCUMENTS: 1. Location Map2. Pictures of 1361 Harrison Street3. Donation Agreement

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Proposed donated propertyPlanning & Public Woks DepartmentCITY OF GALESBURGOperating Under Council-Manager Government Since 1957

Division 305 created: July 27, 2017

1361 Harrison St

The information included in this map is intended to be advisory only and is NOT designed or intended to be used asa substitute for an accurate field survey, as performed by a Registered Land Surveyor, to determine precise property location

Imagery date: 2015

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DONATION AGREEMENT

This Donation Agreement (the “Agreement”) for certain real property located at 1361 HARRISON STREET, GALESBURG, IL 61401 (“Property”), is effective upon the Effective Date (defined below), between Owner, whose address is 8480 Stagecoach Cir, Frederick, MD 21701 (“Donor”) and CITY OF GALESBURG, whose address is 55 West Tompkins Street, Galesburg, IL 61401 (“Donee”). It is agreed that upon the terms and conditions set forth in this Agreement the Donor shall donate and convey all of its rights and interests in, and the Donee shall accept and be the successor to all such rights and interests in, the real property identified and described herein. Donor and Donee may each be referred to as a “Party” and collectively as the “Parties”.

R E C I T A L S In consideration of the mutual covenants of the Parties contained in this Agreement, Donor does grant to Donee title to the Property and Donee accepts from the Donor title to the Property under the following terms and conditions: A. Donor acquired the Property identified on Exhibit A through the foreclosure process or by a

deed in lieu of foreclosure; B. Donor did not originally construct any of the improvements forming part of the Property;

C. Donor has not occupied the Property for its own use; D. Due to Donor's lack of familiarity with the Property, Donor is unwilling to make any

representations or warranties whatsoever regarding the Property and Donor is only willing to grant Donee the Property on an "as is, where is" and "with all faults" basis; and

E. Donee has been given a full and complete opportunity to conduct its own investigation as to

any matter, fact or issue that might influence Donee's decision to accept the Property from Donor. Accordingly, Donee is willing to accept the Property from Donor without any representations or warranties whatsoever regarding the Property and on an "as is, where is" and "with all faults" basis.

A G R E E M E N T

1. DONATION.

1.1 Effective Date. The date this Agreement is signed by both Parties shall be (the

“Effective Date”) of the Agreement. 1.2 Purchase Price. The purchase price for the Property shall be ONE and 00/100

Dollars ($1.00) (the “Purchase Price”). However, the amount payable by the Donee to Donor for the purposes of this transaction as the consideration to be paid shall be ZERO and 00/100 Dollars ($0.00) (the “Total Adjusted Sales Price”). The term Total Adjusted Sales Price has been determined by the Donor and

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Donee taking certain agreed upon sums and applying such sums to the following formula: (a) the Purchase Price less (b) Donor adjustments of -$1.00.

1.3 Closing. Donee may choose the Donor’s Preferred Title Company (defined

below) or any other third party.

(a) Upon Donee’s acceptance of the Donor’s offer, Donor shall provide to Donee a suggested company (“Donor’s Preferred Title Company”) to act as the closing agent and title company.

(b) If Donee selects Donor’s Preferred Title Company to act as the closing agent

and the title company, then Donor shall pay all costs associated with the conveyance of title to the Property, including attorneys’ fees and costs, agents’ fees, documentary stamp taxes and recording costs (“Closing Costs”).

(c) If Donee selects a third party other than Donor’s Preferred Title Company to act as the closing agent or the title company, then Donor shall pay Closing Costs in the amount of the lesser of (a) $2,500.00 or (b) the actual amount of Closing Costs.

(d) The Donee will notify the Donor of the title company and closing agent Donee has selected by completing the selection form attached hereto as Exhibit “B”.

1.4 Transfer. Donor agrees to donate the Property to Donee and Donee agrees to

accept the Property from Donor on the terms and conditions set forth herein. In consideration of Donor's transfer of the Property to Donee, Donee shall perform all of Donee's obligations hereunder including but not limited to the release set forth in Section 2.2 of this Agreement.

1.5 Deed. Title shall be transferred on the Closing Date via a Deed (which Deed may be known as a Special Warranty, Limited Warranty, Quit Claim or Bargain and Sale Deed). Any reference to the term “Deed” herein shall be construed to refer to such form of Deed. Donor shall be responsible for recording the Deed following the Closing Date. The Deed to be delivered on the Closing Date shall be a Deed in which the Grantor therein grants and conveys to the Grantee therein only that title to, or interest and rights in, the Property granted therein that the Grantor may have at the time of the grant, and shall contain no warranty, guaranty or indemnification of any kind, express or implied.

1.6 Title and Examination. Within five (5) days from the Effective Date, Donor will order a title commitment for a: (a) title insurance policy (the “Title Commitment”), or (b) a title report or opinion of title (the “Title Opinion”) and provide a copy to Donee upon request or on the Closing Date. Donor will provide marketable title to the Property, which shall be acceptable to Donee in its absolute discretion and as a condition and contingency to Donee’s obligation to accept the Property under this Agreement.

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1.7 Taxes and Utilities. The Parties agree that the Donor will only be responsible for the following expenses due as of the Closing Date: municipal water and sewer charges, utility charges, real estate taxes and assessments, common area charges, condominium or planned unit development or similar community assessments, co-operative fees, maintenance fees, and rents, if any. The Property taxes will be prorated based on an estimate of actual taxes from the previous year on the Property. All prorations will be based upon a 30-day month and all such prorations shall be final. Donor will not be responsible for any amounts due, paid or to be paid after closing, including but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or additional taxes resulting from any change in use of, or construction on, or improvement to the Property, or an adjustment in the appraised value of the Property.

1.8 Risk of Loss. In the event of fire, destruction, or other casualty loss to the Property after the Effective Date, and prior to the Closing Date, (a) Donor may, at its sole discretion, repair or restore the Property, or (b) either Party may terminate the Agreement. If Donor elects to repair or restore the Property, then Donor may, in its sole discretion, limit the amount to be expended. If Donor elects not to repair or restore the Property, Donee shall either (a) acquire the Property in its AS-IS condition at the time of such acquisition, or (b) terminate the Agreement.

1.9 Eminent Domain. In the event that the Donor’s interest in the Property, or any part thereof, shall have been taken by eminent domain, or shall be in the process of being taken on or before the Closing Date, either Party may terminate the Agreement and neither Party shall have any further rights or liabilities hereunder.

2. ACKNOWLEDGMENTS AND RELEASE.

2.1 DONEE'S ACKNOWLEDGMENTS. DONEE ACKNOWLEDGES THAT DONEE IS ACCEPTING THE PROPERTY SOLELY IN RELIANCE ON DONEE'S OWN INVESTIGATION, AND THE PROPERTY IS IN "AS IS, WHERE IS" CONDITION WITH ALL FAULTS AND DEFECTS, LATENT OR OTHERWISE. DONEE EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENT OF DONOR HEREIN, AND EXCEPT AS OTHERWISE SPECIFIED HEREIN, DONOR MAKES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, OR (WITHOUT LIMITATION) TO ANY OF THE FOLLOWING MATTERS:

(a) Soils, Etc. Soils, seismic, hydrological, geological and topographical

conditions and configurations.

(b) Artifacts. Archeological, prehistoric and historic artifacts, remains and relics.

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(c) Endangered Species. Endangered plant, animal and insect species.

(d) Hazardous Materials. Hazardous Materials and other environmental conditions, including without limitation, lead-based paint, asbestos and mold.

(e) Physical Defects. Physical and mechanical defects in or on the Property,

including without limitation, the plumbing, heating, air conditioning and electrical systems and the roof, floor, ceilings, walls and other internal structural components of any buildings or improvements.

(f) Land and Floor Area. The area of the land and the square footage contained

in any buildings or improvements.

(g) Utilities, Schools, Etc. Availability of adequate utilities, water, schools, public access, and fire and police protection.

(h) Assessment Districts. The status and nature of any assessment districts and

the amount of any assessment liability.

(i) Planning and Zoning. Present, past or future conformity of the Property with planning, building, zoning, subdivision and development statutes, ordinances, regulations and permits, the general plan and the specific plan.

(j) Development Fees. The character and amount of any fee, charge or other

consideration which must be paid by Donee to develop the Property.

(k) Title. The condition of title to the Property, including but not limited to the existence of any easement, license or encroachment whether or not a matter of public record, and whether or not visible upon inspection of such Property.

(l) Taxes. The status of any general or special real property taxes or assessments

or personal property taxes or any other taxes and assessments applicable to the Property.

(m) Owner's Association. The financial condition of any owner's association,

including, without limitation, the adequacy of any reserves held by any owner's association.

(n) Other Matters. Any other matter relating to the Property or to the

development or operation of the Property, including, but not limited to, value, feasibility, cost, governmental permissions or entitlements, marketability, investment return and compliance of the Property, its operation or use with any laws, rules, ordinances, regulations or codes of any government or other body.

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2.2 RELEASE.

(a) RELEASE. DONEE FULLY RELEASES AND DISCHARGES DONOR FROM AND RELINQUISHES ALL RIGHTS, CLAIMS AND ACTIONS THAT DONEE MAY HAVE OR ACQUIRE AGAINST DONOR WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION (A) ANY MATTER SET FORTH IN SECTION 2.1 ABOVE, (B) THE PRESENCE OF HAZARDOUS MATERIALS ON, UNDER OR ABOUT ANY PROPERTY (INCLUDING BUT NOT LIMITED TO ANY UNDISCOVERED HAZARDOUS MATERIALS LOCATED BENEATH THE SURFACE OF THE PROPERTY) AND (C) VIOLATIONS OF ANY HAZARDOUS MATERIALS LAWS PERTAINING TO THE PROPERTY OR THE ACTIVITIES THEREON. THIS RELEASE APPLIES TO ALL DESCRIBED RIGHTS, CLAIMS AND ACTIONS, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, PRESENT OR FUTURE.

(b) MEANING. FOR PURPOSES OF THIS SECTION 2.2, ALL

REFERENCES TO "DONOR" SHALL INCLUDE: (A) DONOR'S PARENT, SUBSIDIARY AND AFFILIATE CORPORATIONS, (B) DONOR'S DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, AND (C) THE HEIRS, SUCCESSORS, PERSONAL REPRESENTATIVES AND ASSIGNS OF DONOR'S DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS.

(c) EFFECTIVENESS. THE PROVISIONS OF THIS SECTION 2 SHALL

BE EFFECTIVE AS OF THE CLOSING DATE AND SHALL SURVIVE THE CLOSING DATE OR TERMINATION OF THIS AGREEMENT.

3. TIME IS OF THE ESSENCE: CLOSING DATE.

3.1 It is agreed that time is of the essence with respect to all dates specified in this Agreement and any addenda, riders or amendments thereto, meaning that all deadlines are intended to be strict and absolute. The Agreement shall terminate automatically, and without notice, if it is not concluded by the Closing Date, or any agreed extension thereof.

3.2 The closing shall take place on or before September 13, 2017 (the "Closing Date"),

unless the Closing Date is extended in writing signed by Donor and Donee or extended by Donor under the terms of this Agreement. The closing shall be held in the offices of the title company of Donee’s choice, Donor’s attorney or Donee’s attorney, or at a place so designated and approved by Donor, unless otherwise

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required by applicable law. If the closing does not occur by the date specified in this Section or in any extension, this Agreement is automatically terminated.

4. GENERAL PROVISIONS.

4.1 Entire Agreement. This Agreement contains the entire agreement between the parties concerning the Donation and sale of the property, and supersedes all prior written or oral agreements between the parties to this Agreement. No addition to or modification of any term or provision shall be effective unless in writing, signed by both Donor and Donee.

4.2 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties.

4.3 Partial Invalidity. If any portion of this Agreement shall be declared by any court

of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Agreement.

4.4 Termination. Prior to the Closing Date, this Agreement may be terminated by Donor at any time for any or no reason by written notice to Donee.

4.5 Governing Law. The parties intend and agree that this Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located.

4.6 No Third Parties Benefits. No person other than Donor and Donee, and their

permitted successors and assigns, shall have any right of action under this Agreement.

4.7 Waivers. No waiver by either party of any provision shall be deemed a waiver of

any other provision or of any subsequent breach by either Party of the same or any other provision.

4.8 Captions. The captions and Section numbers of this Agreement are for

convenience and in no way define or limit the scope or intent of such Sections of this Agreement.

4.9 Counterparts. To facilitate execution, this Agreement may be executed in as many

counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this instrument to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing

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the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages.

4.10 No Presumption. All the parties hereto and their attorneys have had full

opportunity to review and participate in the drafting of the final form of this Agreement and all documents attached as exhibits. Accordingly, such documents shall be construed without regard to any presumption or other rule of construction whereby any ambiguities within this Agreement would be construed or interpreted against the party causing the document to be drafted.

4.11 Notices. Any notices or other communication required or permitted under this

Agreement shall be in writing, and shall be personally delivered, or sent by certified or registered United States mail, postage prepaid, return receipt requested, or by overnight delivery by a reputable courier to the address of the party set forth in this Section, or sent by fax to the Fax number of the party set forth in this Section, or sent by e-mail to the party set for in this Section. Such notice or communication shall be deemed given if sent by personal delivery or by overnight courier, when delivered in person, if sent by fax, when evidence of successful transmission by telecopier has been received by sender or, in the case of mailed notice, forty-eight (48) hours following deposit in the United States mail. Notice of change of address shall be given by written notice in the manner detailed in this Section.

If to the Donee: CITY OF GALESBURG

Address: 55 W Tompkins Street Galesburg, IL 61401 If to the Donor: Owner 1 Home Campus Des Moines, Iowa 50328-0001 [email protected] 4.12 Joint and Several. If more than one person or entity has executed this Agreement

as Donee, the obligations of all such persons or entities hereunder shall be joint and several.

[Signatures on the next page]

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DONEE:

CITY OF GALESBURG

Signature:

Print Name:

Title: Date: DONOR:

OWNER

Signature:

Print Name:

Title:

Date:

Exhibit A

EXHIBIT “A”

PROPERTY ADDRESS:

1361 HARRISON STREET GALESBURG, IL 61401

LEGAL DESCRIPTION:

Lot 13 Except the South 50 feet thereof and all of Lot 14 in Block 6 of C. B. Rowen's Second Addition to the City of Galesburg, Knox County, Illinois.

TAX PARCEL NO:

9902457003

EXHIBIT “B” Closing Representative Addendum

DONEE: CITY OF GALESBURG

DATE: 7/27/2017 Donee may use counsel or closing agent of choice as representation at the closing subject to Donor’s approval of such counsel or closing agent.

Please select ONE of the following options for closing:

 Donee selects Donor’s Preferred Title Company to act as the closing agent and the Title Company. OR 

 Donee proposes the following Representative. If the Donee chooses not to use the Donor’s Preferred Title Company to act as the closing agent and the Title Company, then the following section will need to be completed. Please note this box MUST be selected to qualify for Donor to pay Closing Costs in the amount of the lesser of (a) $2,500.00 or (b) the actual amount of Closing Costs. 

Please provide contact information for Donee’s chosen Title Company: Company: Company Mailing Address: Contact Name: Phone: Email:

Should Donee’s counsel or closing agent information change prior to closing, Donee shall promptly notify Donor of such change in writing, which representation shall be subject to Donor’s approval.

Dated: ___________

______ ______

Donee Name (printed) Donee (signature)

Dated: ___________

______ ______

Donor Name (printed) Donor (signature)

____________________________________________________________________________ Prepared by: SJG Page 1 of 2

COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Preliminary plat of the Gale Village Re-subdivision No. 1.

SUMMARY RECOMMENDATION: The Planning and Zoning (P&Z) Commission held the required public hearing during their July 18, 2017 meeting. On a vote of six ayes (Members Adams, Carlson, Davis, Lufkin, Nygard, Thomas), zero nays and zero abstentions, the P&Z recommended approval of the Preliminary plat contingent upon the following items begin resolved:

Need concrete markers on at least two corners. Need to show utility easements along lot lines. Need to show utility easement along south side of Lot 1, specifically for sanitary

sewer. Proposed final drainage and grades and profiles of the street will need to be submitted

and approved. Explain if the new storm sewer be tied into the existing and, if existing if private, has

approval been provided to tie into it. Provide information on whether the existing storm sewer and proposed new storm

sewer are not at grades that conflict. Show drainage easement over proposed storm sewer areas. Existing storm sewer needs to be shown along west lot line. Show the recorded 15 foot wide easement on the west side of the subdivision. Correct the legal description at the top and in the surveyor’s certificate to read

“southeast quarter”. In third paragraph of Surveyor information change “me” to “my”. Provide a bond or letter of credit in the amount of 110% of the engineer’s estimated

improvement costs.

The City Manager and Director of Planning & Public Works/City Engineer concur with the P&Z’s recommendation.

BACKGROUND: A copy of the Preliminary plat of the Gale Village Re-subdivision No. 1 is attached for the City Council’s review. This is a five lot subdivision. Four lots are proposed that will be located on the east side of the property (between North Seminary Street and the proposed extension of Gale Village Drive) and one lot is proposed on the west side of the lot (west of the proposed extension of Gale Village Drive).

The purpose of the subdivision is to allow for future commercial development on the four east lots and residential development on the west side. Once the developer determines the type of residential development that will take place, an additional subdivision plat will be submitted for the west lot.

17-4075

____________________________________________________________________________ Prepared by: SJG Page 2 of 2

The current zoning is Single Family (R1A). In 2012 a zoning amendment ordinance was approved (and subsequently extended by ordinance in 2013 and 2015) that states, if a subdivision plat is approved and recorded by October 14, 2017, then the four commercial lots fronting along North Seminary Street would be zoned General Business (B2) and the lot west of the Gale Village Drive extension will be zoned Two-Family (R2).

BUDGET IMPACT: There would be no anticipated impact upon the budget if the Preliminary plat is approved.

SUPPORTING DOCUMENTS: 1. Aerial – General Location2. Preliminary plat of the Gale Village Re-subdivision No. 1

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Gale Village Resubdivision No 1Planning & Public Woks DepartmentCITY OF GALESBURGOperating Under Council-Manager Government Since 1957

Division 305 created: July 12, 2017

Proposed subdivision

The information included in this map is intended to be advisory only and is NOT designed or intended to be used asa substitute for an accurate field survey, as performed by a Registered Land Surveyor, to determine precise property location

Imagery date: 2015

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Prepared by: OL Page 1 of 1

COUNCIL LETTER CITY OF GALESBURG

AUGUST 7, 2017

AGENDA ITEM: Approve contract with Jeff Cervantez from JC Studios for the operation of City audio-video equipment during the City’s scheduled public meetings.

SUMMARY RECOMMENDATION: The City Manager, Director of Finance and Information Systems, Information Systems Supervisor, and Interim Human Resources Manager recommend approval of contracting JC Studios for operating the City audio video system for regularly scheduled public meetings.

BACKGROUND: Currently, the City broadcasts City Council meetings, Planning and Zoning meetings, and City Council work sessions on Comcast channel 7. As part of this broadcast, these meetings are also streamed live via the City website and archived on the web site for public access.

The prior contracted A/V operator ended his contract with the City in July 2017. During the month of July, staff met with Jeff Cervantez to discuss taking over the broadcasting of these meetings. Jeff has 10 years of experience in the A/V industry and has owned his own video production and graphic design business, JC Studios, here in Galesburg since 2013.

Compensation for these services will be as follows:

City Council Meetings………………………$100.00 (flat fee) All other meetings…………………………...$30.00 (hourly fee)*

*Minimum one hour pay

BUDGET IMPACT: There are sufficient funds in the General Fund to continue this service.

SUPPORTING DOCUMENTS: 1. Contract for A-V Services

17-4076

City of Galesburg

Operating Under Council – Manager Government Since 1957

City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/343-4181

SERVICE AGREEMENT

THIS AGREEMENT made and entered into on the _____ day of August, 2017 by and between JC Studios Video Production & Graphic Design, 155 Bandy Ave., Galesburg, IL, party of the first part (the Contractor) and THE CITY OF GALESBURG, ILLINOIS, party of the second part (the Owner), for: Providing A/V services for various meetings for the City of Galesburg, IL as directed. Meetings included: City Council Meetings, Planning & Zoning Meetings, and work sessions.

Pay for A/V services will be as follows:

City Council Meetings……………….$100.00 (flat fee) All other meetings……………………..$30.00 (hourly fee)* *Minimum one hour pay

WITNESSETH: That the first party, for the consideration hereinafter fully set out, hereby agrees with the second party as follows: 1. That the first party shall familiarize themselves with City equipment for performing the A/V

duties requested. 2. That the first party agrees to arrive early enough to ensure that all A/V equipment is

functioning and ready for the start of the meeting. 3. That the second party hereby agrees to pay to the first party for the faithful performance of

this Agreement as per the terms stated above.

City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/343-4181

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first

above written in 2 counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. NOTARIZED: JC STUDIOS VIDEO PRODUCTION & GRAPHIC DESIGN ____________________________ BY: _____________________________ ATTEST: CITY OF GALESBURG, ILLINOIS By: ________________________ _____________________________ City Clerk Mayor

Date: 17-9023

TOTAL

TOWN OF THE CITY OF GALESBURG

SOCIAL SECURITY & MEDICARE FUND

$2,538.54

$2,561.58

$2,493.60

$2,188.15

August 7, 2017 Agenda Number:

$9,781.87

LIABILITY FUND

EMERGENCY ASSISTANCE

TOWN FUND

GENERAL ASSISTANCE FUND

IMRF FUND