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City Council Packet 2012 08-28-12 C United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o Is ur Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday,August 28, 2012 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Carlo Colosimo Jackie Milschewski Marty Munns Rose Ann Spears Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: 1. REC Center Purchase Citizen Comments: Consent Agenda: 1. CC 2012-57 Bills for Payment - $1,200,040.31 2. EDC 2012-34 Resolution Approving a Plat of Vacation for Swanson Lane Estates Planned Unit Development and Plat of Subdivision—authorize Mayor and City Clerk to execute 3. PS 2012-19 Disposal of City Property—authorize Police Department to dispose of equipment listed on the attached inventory 4. PS 2012-16 Ordinance Authorizing the Purchase of Lightning Detectors —authorize Mayor and City Clerk to execute 5. PW 2012-35 Recommendation of Award for the 2012 MFT Maintenance Program—award contract to D Construction, Inc. in an amount not to exceed$30,247.10 6. ADM 2012-44 Appointment of FOIA Officer—Jeff Weckbach 7. PW 2012-46 Water Department Reports for May and June 2012 8. ADM 2012-45 Banking Request for Proposals—authorize staff to issue a request for proposals for banking services for the City beginning November 1, 2012 9. ADM 2012-46 Treasurer's Report for July 2012 City Council Meeting August 28, 2012 Page 2 Consent Agenda (cont'd): 10. PS 2012-21 Code Amendments—Disorderly Conduct & Possession of Drug Paraphernalia a. Ordinance Adding the Offenses of Disorderly Conduct and Possession of Drug Paraphernalia to the Yorkville City Code—authorize Mayor and City Clerk to execute b. Ordinance Establishing Minimum Fines for Ordinance Violations—authorize Mayor and City Clerk to execute 11. COW 2012-04 Ordinance Indemnifying Administrative Hearing Officers—authorize Mayor and City Clerk to execute 12. CC 2012-58 Resolution to Release Closed Session Minutes—authorize Mayor and City Clerk to execute Minutes for Approval: 1. CC 2012-59 Minutes of the Adhoc Committee for Recreation Facility Alternatives—July 9, 2012 2. CC 2012-60 Minutes of the Committee of the Whole—July 10, 2012 3. CC 2012-61 Minutes of the City Council—July 24, 2012 Mayor's Report: 1. CC 2012-62 Appointment of Ward 1 Alderman—Ken Koch 2. CC 2012-63 Ordinance Regarding City Council Procedures—Meeting Schedule Amendment Public Works Committee Report: Economic Development Committee Report: 1. EDC 2012-33 Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau(AACVB) 2. EDC 2012-36 Kendallwood Estates Development Agreement Amendment 3. EDC 2012-37 Downtown Brownfield Phase III Study Public Safety Committee Report: Administration Committee Report: Park Board: Plan Commission: 1. PC 2012-04 Ordinance Amending the Requirements in the Yorkville Subdivision Control Ordinance Regarding Completion of Improvements and Bond Procedures Zoning Board of Appeals: City Council Report: City Clerk's Report: City Treasurer's Report: Community and Liaison Report: City Council Meeting August 28, 2012 Page 3 Staff Report: Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: September 20, 2012—7:00 p.m.—City Hall Council Chambers Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Administration Committee: Alderman Colosimo Committee: Alderman Munns ECONOMIC DEVELOPMENT: Seetember 4, 2012—7:00 p.m_City Hall Council Chamber ------__------ ----_-------------------------------------------- ----___-------------------- Committee Departments Liaisons Chairman: Alderman Munns Community Development Plan Commission Vice-Chairman: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Teeling PUBLIC SAFETY: tember 6, 2012—7_00p.m.=C�Hall Council Chambers; -------------------------------------- ------------------------------------------------------------------------------------ Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Kot School District Committee: Alderman Spears Committee: Alderman Funkhouser ]PUBLIC WORKS: September 18, 2012—7:00 m.—Ci Hall Council Chambers --- --------- Committee Departments Liaisons Chairman: Alderman Milschewski Public Works Park Board Vice-Chairman: Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Teeling UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, August 28, 2012 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. REC Center Purchase ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-57 Bills for Payment- $1,200,040.31 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-34 Resolution Approving a Plat of Vacation for Swanson Lane Estates Planned Unit Development and Plat of Subdivision ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PS 2012-19 Disposal of City Property ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PS 2012-16 Ordinance Authorizing the Purchase of Lightning Detectors ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2012-35 Recommendation of Award for the 2012 MFT Maintenance Program ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2012-44 Appointment of FOIA Officer—Jeff Weckbach ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2012-46 Water Department Reports for May and June 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 8. ADM 2012-45 Banking Request for Proposals ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 9. ADM 2012-46 Treasurer's Report for July 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 10. PS 2012-21 Code Amendments—Disorderly Conduct&Possession of Drug Paraphernalia a. Ordinance Adding the Offenses of Disorderly Conduct and Possession of Drug Paraphernalia to the Yorkville City Code ❑ Approved: Y N ❑ Subject to ❑ Removed b. Ordinance Establishing Minimum Fines for Ordinance Violations ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 11. COW 2012-04 Ordinance Indemnifying Administrative Hearing Officers ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 12. CC 2012-58 Resolution to Release Closed Session Minutes ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-59 Minutes of the Adhoc Committee for Recreation Facility Alternatives—July 9, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 2. CC 2012-60 Minutes of the Committee of the Whole July 10, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 3. CC 2012-61 Minutes of the City Council—July 24, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-62 Appointment of Ward 1 Alderman—Ken Koch ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-63 Procedural Ordinance Amendment regarding Meeting Schedule ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- l. EDC 2012-33 Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau(AACVB) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-36 Kendallwood Estates Development Agreement Amendment ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2012-37 Downtown Brownfield Phase III Study ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PLAN COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2012-04 Ordinance Amending the Requirements in the Yorkville Subdivision Control Ordinance Regarding Completion of Improvements and Bond Procedures ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- 0 CITY Reviewed By: Agenda Item Number d Legal ❑ `1 06 Legal CA#1 ESL -� 1836 Engineer ❑ City Administrator ❑ Tracking Number 0 —� Human Resources ❑ �� Community Development ❑ K-44 Police ❑ CC 2012-57 Public Works ❑ Agenda Item Summary Memo Title: Bill Payments - $1,200,040.43 Meeting and Date: City Council -August 28, 2012 Synopsis: Approval of bill payments. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513720 AA000003 DANIEL V. TRANSIER 073112 07/31/12 01 POLICE-JULY 2 & JULY 18 ADMIN 01-210-54-00-5467 300.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 513721 AACVB AURORA AREA CONVENTION 063012-ALL 07/24/12 01 ADMIN SERVICES -ALL SEASONS 01-640-54-00-5481 18.38 02 JUNE 2012 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 18.38 063012-HAMPTON 07/16/12 01 ADMIN SERVICES-HAMPTON INN 01-640-54-00-5481 4,037.26 02 JUNE 2012 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 4,037.26 063012-SUPER 07/16/12 01 ADMIN SERVICES-SUPER 8 JUNE 01-640-54-00-5481 1,384.93 02 2012 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 1,384.93 CHECK TOTAL: 5, 440.57 513722 ACCURINT LEXISNEXIS RISK DATA MGMT. 1249304- 20120731 07/31/12 01 POLICE-JULY SEARCHES 01-210-54-00-5462 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 513723 ADVAAUTO ADVANCED AUTOMATION & CONTROLS 12-1674 06/30/12 01 WATER OP WELL TOWER BACKUP 51-510-54-00-5495 500.96 02 RESET RELAY INSTALLATION ** COMMENT ** INVOICE TOTAL: 500.96 CHECK TOTAL: 500.96 -1- DATE: 08/22/12 UNITED CITY OF YOR.KVILLE PAGE: 2 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513724 APA AMERICAN PLANNING ASSOCIATION 141669-1256 07/09/12 01 COMM/DEV-ANNUAL APA MEMBERSHIP 01-220-54-00-5460 470.00 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 470.00 CHECK TOTAL: 470.00 513725 ARAMARK ARAMARK UNIFORM SERVICES 610-7544654 05/15/12 01 STREETS-UNIFORMS 01-410-56-00-5600 20.08 02 WATER OP UNIFORMS 51-510-56-00-5600 20.08 03 SEWER OP-UNIFORMS 52-520-56-00-5600 20.08 INVOICE TOTAL: 60.24 610-7619980 07/10/12 01 STREETS-UNIFORMS 01-410-56-00 5600 19.84 02 WATER OP-UNIFORMS 51-510-56-00--5600 19.84 03 SEWER OP-UNIFORMS 52-520-56-00-5600 19.84 INVOICE TOTAL: 59.52 610-7629512 07/17/12 01 STREETS-UNIFORMS 01-41056-00-5600 19.84 02 WATER OP-UNIFORMS 51-510 56-00-5600 19.84 03 SEWER OP-UNIFORMS 52-520-56-00-5600 19.84 INVOICE TOTAL: 59.52 610-7639197 07/24/12 01 STREETS-UNIFORMS 01-410-56-00-5600 19.84 02 WATER OP-UNIFORMS 51-510-56-00-5600 19.84 03 SEWER OP-UNIFORMS 52-520-56-00-5600 19.84 INVOICE TOTAL: 59.52 610-7648918 07/31/12 01 STREETS-UNIFORMS 01-410-56-00-5600 20.94 02 WATER OP-UNIFORMS 51-510-56 00-5600 20.93 03 SEWER OP-UNIFORMS 52-520-56 00-5600 20.93 INVOICE TOTAL: 62.80 610-7658220 08/07/12 01 STREETS-UNIFORMS 01-410-56-00-5600 27.85 -2- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513725 ARAMARK ARAMARK UNIFORM SERVICES° 610 7658220 08/07/12 02 WATER OP-UNIFORMS 51-510-56-00-5600 27.85 03 SEWER OP-UNIFORMS 52-520-56-00-5600 27.84 INVOICE TOTAL: 83.54 610-7667656 08/14/12 01 STREETS-UNIFORMS 01-410-56-00-5600 38.11 02 WATER OP-UNIFORMS 51-510-56-00-5600 38.11 03. SEWER OP-UNIFORMS 52-520-56-00-5600 38.10 INVOICE TOTAL: 114.32 CHECK TOTAL: 499.46 513726 ARROLAB ARRO LABORATORY, INC. 44538 07/20/12 01 WATER OP-6 TOTAL COLIFORM 51-510-54-00-5429 61.50 INVOICE TOTAL: 61.50 CHECK TOTAL: 61.50 513727 ATT AT&T 6305533436-0712 07/25/12 01 POLICE-MONTHLY CHARGES 01-210-54-00-5440 48.57 INVOICE TOTAL: 48.57 6305536805-0712 07/25/12 01 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 101.45 INVOICE TOTAL: 101.45 CHECK TOTAL: 150.02 513728 ATTGLOB AT&T GLOBAL SERVICES, INC. IL800266 06/25/12 01 ADMIN-MAINTENANCE BILLING FOR 01-110-54-00-5462 1,472.40 02 07/07/12 - 01/06/13 ** COMMENT ** INVOICE TOTAL: 1,472.40 CHECK TOTAL: 1, 472.40 -3- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513729 ATTINTER AT&T INTERNET SERVICES 842804266 0712 07/09/12 01 ADMIN-T.1 SERVICE 01-110-54-00-5440 753.32 i INVOICE TOTAL: 753.32 * 842804266-8 0712 08/09/12 01 ADMIN-T.1 SERVICE 01-110-54-00-5440 968.79 INVOICE TOTAL: 968.79 * CHECK TOTAL: 1, 722.11 513730 ATTLONG AT&T LONG DISTANCE 82893213 0712 08/01/12 01 POLICE-AUGUST LONG DISTANCE 01-210--54-00-5440 59.17 02 WATER OP-AUGUST LONG DISTANCE 51-510 54-00-5440 52.12 INVOICE TOTAL: 111.29 CHECK TOTAL: 111.29 513731 AUTOSP AUTOMOTIVE SPECIALTIES, INC. 18572 07/12/12 01 WATER OP-POWER STEERING BOX, 51-510-54-00-5495 594.25 02 POWER STEERING FLUID, INTAKE ** COMMENT ** 03 AIR TEMP SENSOR ** COMMENT ** INVOICE TOTAL: 594.25 CHECK TOTAL: 594.25 513732 BANCAMER BANC OF AMERICA LEASING 012155366-C 07/23/12 01 FINANCE-COPIER LEASE 01-120-54-00-5485 143.00 02 ADMIN-COPIER LEASE 01-110-54-00-5485 143.00 03 COMM/DEV-COPIER LEASE 01-220-54-00-5485 273.00 04 POLICE-COPIER LEASES 01-210-54-00-5485 277.00 O5 WATER OP COPIER LEASE 51-510-54-00-5485 33.00 06 SEWER OP COPIER LEASE 52-520-54-00-5485 33.00 07 STREETS-COPIER LEASE 01-410-54-00-5485 33.00 INVOICE TOTAL: 935.00 CHECK TOTAL: 935.00 -4- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513733 BNYCORP THE BANK OF NEW YORK 252-1646172 08/02/12 01 WATER OP-ANNUAL PAYING AGENT 51-510-54-00-5498 374.50 02 FEES ** COMMENT ** INVOICE TOTAL: 374.50 CHECK TOTAL: 374.50 513734 BUILDERS BUILDERS ASPHALT LLC 7435 08/02/12 01 MFT-RECYCLED SURFACE 15-155-56-00-5633 691.68 INVOICE TOTAL: 691.68 7445 08/03/12 01 MFT-RECYCLED SURFACE 15-155-56-00-5633 1,773.60 INVOICE TOTAL: 1,773.60 7523 08/09/12 01 MFT-RECYCLED SURFACE 15-155-56-00-5634 1,251.36 INVOICE TOTAL: 1,251.36 7534 08/08/12 01 MFT-RECYCLED SURFACE 15-155-56-00-5634 1,676.64 INVOICE TOTAL: 1,676.64 7549 08/10/12 01 MFT-DUMP BROKEN ASPHALT 15-155-56-00-5634 474.24 INVOICE TOTAL: 474.24 CHECK TOTAL: 5,867.52 513735 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-0712C 07/15/12 01 ADMIN-ADMIN LINES 01-110-54-00-5440 215.65 02 ADMIN-CITY HALL NORTEL 01-110-54--00-5440 268.16 03 POLICE-CITY HALL NORTEL 01-210-54-00-5440 268.16 04 WATER OP-CITY HALL NORTEL 51-510-54-00-5440 268.15 05 POLICE-POLICE LINES 01-210-54-00-5440 653.54 06 POLICE-CITY HALL FIRE 01-210-54-00-5440 54.03 07 ADMIN-CITY HALL FIRE 01-110-54-00-5440 54.02 -5- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513735 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-0712C 07/15/12 08 WATER OP-PUBLIC WORKS LINES 51-510-54-00-5440 1, 119.81 INVOICE TOTAL: 2,901.52 1010-7980-0000-0812C 08/15/12 01 ADMIN-ADMIN LINES 01-110-54-00 5440 211.96 02 ADMIN-CITY HALL NORTEL 01-110-54-00-5440 274.04 03 POLICE-CITY HALL NORTEL 01-210-54-00-5440 274.04 04 WATER OP-CITY HALL NORTEL 51-510-54-00-5440 274.03 05 WATER OP-PUBLIC WORKS LINES 51-510-54-00-5440 1,119.59 06 POLICE-POLICE LINES O1 210-54-00-5440 658.06 07 POLICE- CITY HALL FIRE O1 210-54-00-5440 54.03 08 ADMIN-CITY HALL FIRE 01-110-54-00-5440 54.02 INVOICE TOTAL: 2,919.77 CHECK TOTAL: 5,821.29 513736 CAMBRIA CAMBRIA SALES COMPANY INC. 32615 07/09/12 01 ADMIN PAPER TOWEL 01-110-56-00-5610 61.50 INVOICE TOTAL: 61.50 * 32651 07/16/12 01 SEWER OP-PAPER TOWEL 52-520-56-00-5620 55.50 INVOICE TOTAL: 55.50 * CHECK TOTAL: 117.00 513737 CARGILL CARGILL, INC 2900631415 07/05/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,729.27 INVOICE TOTAL: 2,729.27 * 2900642083 07/12/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,801.06 INVOICE TOTAL: 2,801.06 2900643937 07/13/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,758.33 INVOICE TOTAL: 2, 758.33 * -6- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513737 CARGILL CARGILL, INC 2900662540 07/26/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,753.69 INVOICE TOTAL: 2, 753.69 2900666507 07/30/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,817.23 INVOICE TOTAL: 2,817.23 * 2900678570 08/07/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2, 786.95 INVOICE TOTAL: 2, 786.95 * CHECK TOTAL: 16,646.53 513738 CDWG CDW GOVERNMENT INC. M863354 07/10/12 01 ADMIN SERVICES SECURE WI-FI 01-640-54-00-5450 311.40 02 REPLACEMENT ** COMMENT ** INVOICE TOTAL: 311.40 * N809393 08/02/12 01 ADMIN SERVICES-AVL CONTRIBUTE 01-640-54-00-5450 190.00 02 CS5 WIN L1 ** COMMENT ** INVOICE TOTAL: 190.00 * CHECK TOTAL: 501.40 513739 CENTRALL CENTRAL LIMESTONE COMPANY, INC 16412 08/01/12 01 LAND CASH-STONE FOR PARKING 72-720-60-00-6036 519.40 02 LOT ** COMMENT ** INVOICE TOTAL: 519.40 CHECK TOTAL: 519.40 513740 CHEMICAL CHEMICAL PUMP SALES & SERVICE 71773 03/08/12 01 WATER OP-REPAIR VACUUM 51-510-54-00 5445 469.00 -7- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------- 513740 CHEMICAL CHEMICAL PUMP SALES & SERVICE 71773 03/08/12 02 REGULATOR ** COMMENT ** INVOICE TOTAL: 469.00 CHECK TOTAL: 469.00 513741 CHIINTRK CHICAGO INTERNATIONAL TRUCKS 1702230 07/27/12 01 STREETS-ADDED FREON TO A/C 01-410-54-00-5495 992.28 02 SYSTEM, REPAIRED BROKEN WIRE ** COMMENT ** 03 FOR SPEEDOMETER ** COMMENT ** INVOICE TOTAL: 992.28 CHECK TOTAL: 992.28 513742 COMCAST COMCAST CABLE 072612 07/26/12 01 POLICE MONTHLY CABLE 01-210-56-00-5620 4.17 INVOICE TOTAL: 4.17 * CHECK TOTAL: 4.17 513743 COMED COMMONWEALTH EDISON 0185079109-0712 07/31/12 01 SEWER OP-420 FAIRHAVEN 52-520-54-00-5480 99.86 INVOICE TOTAL: 99.86 * 0435113116 0712 08/03/12 01 STREETS-LIGHTS 01-410-54-00-5480 68.63 INVOICE TOTAL: 68.63 * 0903040077-0712 07/28/12 01 STREETS-LIGHTS 01-410-54-00-5480 2,311.79 INVOICE TOTAL: 2,311.79 0908014004-0712 08/01/12 01 WATER OP-WELLS 51-510-54-00-5480 39.10 INVOICE TOTAL: 39.10 * -8- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513743 COMED COMMONWEALTH EDISON 0966038077-0712 07/30/12 01 STREETS-LIGHTS 01-410-54-00-5480 58.93 INVOICE TOTAL: 58.93 * 1161132038-0812 08/09/12 01 FINANCE-MUNICIPAL AGGREGATION 01-120-54-00-5462 387.00 02 PROVISION REPORT FEE ** COMMENT ** INVOICE TOTAL: 387.00 * 1183088101-0712 07/27/12 01 SEWER OP-1107 PRAIRIE CROSSING 52-520-54-00-5480 74.96 INVOICE TOTAL: 74.96 * 1407125045-0712 08/03/12 01 SEWER OP-FOXHILL 7 LIFT 52-520-54-00-5480 63.39 INVOICE TOTAL: 63.39 * 2019099044-0712 08/04/12 01 WATER OP-WELLS 51-510-54-00-5480 34.20 INVOICE TOTAL: 34.20 * 2195012092-0612 06/27/12 01 STREETS-888 PRAIRIE 01-410-54-00-5480 12.22 INVOICE TOTAL: 12.22 * 2195012092-0712 07/27/12 01 STREETS-888 PRAIRIE CROSSING 01-410-54-00-5480 30.71 INVOICE TOTAL: 30.71 * 2668047007-0712 07/30/12 01 SEWER OP 1908 RAINTREE RD 52-520-54-00-5480 166.56 INVOICE TOTAL: 166.56 * 2819074016-0612 07/02/12 01 STREETS-2586 MADDEN CT 01-410-54-00-5480 17.41 INVOICE TOTAL: 17.41 * 2819074016-0712 08/01/12 01 STREETS-2586 MADDEN CT 01-410-54-00-5480 30.68 INVOICE TOTAL: 30.68 * 2961017043-0712 07/31/12 01 SEWER OP-LIFT STATION 52-520-54-00-5480 76.42 • INVOICE TOTAL: 76.42 * 4035113167-0612 07/20/12 01 STREETS-4402 ROSENWINKEL 01-410-54-00-5480 23.94 INVOICE TOTAL: 23.94 * -9- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------.--------------------------------------- 513743 COMED COMMONWEALTH EDISON 4035113167-0712 08/15/12 01 STREETS-4402 ROSENWINKLE 01-410-54-00-5480 31.09 INVOICE TOTAL: 31.09 * 4085080033 0712 08/01/12 01 WATER OP-1991 CANNONBALL TRAIL 51-510-54-00-5480 110.82 INVOICE TOTAL: 110.82 * 4329092028-0712 07/20/12 01 WATER OP-421 POPLAR 51-510-54-00-5480 977.98 INVOICE TOTAL: 977.98 * 4449087016 08/04/12 01 SEWER OP-LIFT STATIONS 52-520-54-00-5480 616.06 INVOICE TOTAL: 616.06 * 4475093053-0712 07/31/12 01 WATER OP-610 TOWER LANE 51-510-54-00-5460 136.77 INVOICE TOTAL: 136.77 * 6963019021-0712 07/17/12 01 STREETS-LIGHTS 01-410-54-00-5480 22.38 INVOICE TOTAL: 22.38 * 7090039005-0612 07/10/12 01 STREETS-LIGHTS 01-410-54-00-5480 20.46 INVOICE TOTAL: 20.46 * 7090039005-0712 08/08/12 01 STREETS LIGHTS 01-410-54-00-5480 20.36 INVOICE TOTAL: 20.36 * 83440100260712 07/21/12 01 STREETS-LIGHTS 01-410-54-00-5480 174.93 INVOICE TOTAL: 174.93 * CHECK TOTAL: 5,606.65 513744 DAVEAUTO DAVID L CHELSEN 19462 07/10/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 453.00 INVOICE TOTAL: 453.00 * 19467 07/10/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 241.00 INVOICE TOTAL: 241.00 * -10- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513744 DAVEAUTO DAVID L CHELSEN 19469 07/10/12 01 POLICE SQUAD REPAIR 01-210-54-00-5495 160.00 INVOICE TOTAL: 160.00 CHECK TOTAL: 854.00 513745 DEPO DEPO COURT REPORTING SVC, INC 15528 08/14/12 01 POLICE-JULY 11, JULY 18, 01-210-54-00-5467 875.00 02 JULY 25, AUG. 1 AND AUG. 8 ** COMMENT ** 03 ADMIN HEARINGS ** COMMENT ** INVOICE TOTAL: 875.00 CHECK TOTAL: 875.00 513746 DUYS DUY'S COMFORT SHOES 20007277 08/07/12 01 WATER OP BOOTS 51-510-56-00-5600 148.75 INVOICE TOTAL: 148.75 CHECK TOTAL: 148.75 513747 EDWAWILD EDWARD WILDMAN PALMER LLP 1838339 07/31/12 01 ADMIN SERVICES AUDIT MATTERS 01-640-54-00-5463 679.58 INVOICE TOTAL: 679.58 CHECK TOTAL: 679.58 513748 EEI ENGINEERING ENTERPRISES, INC. 51212 07/27/12 01 ADMIN SERVICES-SOUTH RT. 47 01-640-54-00-5465 501.00 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 501.00 51213 07/27/12 01 ADMIN SERVICES CENTRAL RT. 47 01-640-54-00-5465 4,874.25 -11- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513748 EEI ENGINEERING ENTERPRISES, INC. 51213 07/27/12 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 4, 874.25 * 51214 07/27/12 01 CW CAPITAL-RIVER ROAD BRIDGE 23-230-60-00-6075 4,261.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 4,261.50 * 51215 07/27/12 01 ADMIN SERVICES-RT. 34 01-640-54-00-5465 1,209.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1,209.50 * 51216 07/27/12 01 ADMIN SERVICES-GAME FARM / 01-640-54-00-5465 1,028.34 02 SOMONAUK IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1,028.34 * 51217 07/27/12 01 CW CAPITAL SAFE ROUTES TO 23-230-60-00-6092 2,668.61 02 SCHOOL ** COMMENT ** INVOICE TOTAL: 2,668.61 * 51218 07/27/12 01 ADMIN SERVICES OVERWEIGHT 01-640-54-00-5465 71.00 02 TRUCK PERMITS ** COMMENT ** INVOICE TOTAL: 71.00 * 51219 07/27/12 01 ADMIN SERVICES-PAVEMENT 23-230-54-00-5462 19,467.50 02 MANAGEMENT SYSTEM ** COMMENT ** INVOICE TOTAL: 19,467.50 51220 07/27/12 01 ADMIN SERVICES-FOUNTAINVIEW 01-640-54-00-5465 2,638.00 INVOICE TOTAL: 2,638.00 * 51221 07/27/12 01 ADMIN SERVICES-CANNONBALL 01-640-54-00-5465 2,349.38 02 AND RT. 47 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 2,349.38 * 51222 07/27/12 01 ADMIN SERVICES-KENDALL 01-640-54-00-5465 529.00 -12- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513748 EEI ENGINEERING ENTERPRISES, INC. 51222 07/27/12 02 MARKETPLACE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 529.00 * 51223 07/27/12 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 353.50 INVOICE TOTAL: 353.50 * 51224 07/27/12 01 ADMIN SERVICES-RAGING WAVES 01-640-54-00-5465 5, 021.00 INVOICE TOTAL: 5,021.00 51225 07/27/12 01 ADMIN SERVICES-STORMWATER 01-640-54-00-5465 2,927.50 02 MANAGEMENT PLAN ** COMMENT ** INVOICE TOTAL: 2,927.50 * 51226 07/27/12 01 ADMIN SERVICES-UTILITY PERMIT 01-640-54-00-5465 1,676.25 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 1,676.25 * 51227 07/27/12 01 ADMIN SERVICES-GENERAL CITY 01-640-54-00-5465 1,589.00 02 OF YORKVILLE MATTERS ** COMMENT ** INVOICE TOTAL: 1,589.00 * 51228 07/27/12 01 ADMIN SERVICES-MUNICIPAL 01-640-54-00-5465 1,900.00 02 ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 1,900.00 * 51229 07/27/12 01 DOWNTOWN TIF KENDALLWOOD 88-880-60-00-6000 167.00 02 ESTATES PUNCHLIST ** COMMENT ** INVOICE TOTAL: 167.00 * 51230 07/27/12 01 ADMIN SERVICES-BOND & LOC CALL 01-640-54-00-5465 292.25 02 POLICY ** COMMENT ** INVOICE TOTAL: 292.25 * 51231 07/27/12 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 3,177.50 -13- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.wOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513748 EEI ENGINEERING ENTERPRISES, INC. 51231 07/27/12 02 UNIT 2B ** COMMENT ** INVOICE TOTAL: 3, 177.50 51232 07/27/12 01 ADMIN SERVICES-PRESTWICK 01-640-54-00-5465 250.50 INVOICE TOTAL: 250.50 * 51233 07/27/12 01 ADMIN SERVICES-610 TOWER LANE 01-640-54-00-5465 896.50 02 - SPRINT ** COMMENT ** INVOICE TOTAL: 896.50 * 51234 07/27/12 01 ADMIN SERVICES-2012 MET 01-640-54-00-5465 4,493.72 INVOICE TOTAL: 4,493.72 * 51235 07/27/12 01 ADMIN SERVICES-COUNTRYSIDE 01-640-54-00-5465 409.00 02 CENTER ** COMMENT ** INVOICE TOTAL: 409.00 * 51236 07/27/12 01 DOWNTOWN TIF-DOWNTOWN TIF 88-880-60-00-6000 591.50 INVOICE TOTAL: 591.50 * 51238 07/27/12 01 ADMIN SERVICES-2001 BRIDGE ST. 01-640-54-00-5465 570.75 INVOICE TOTAL: 570.75 * CHECK TOTAL: 63,914.05 513749 ENCAP ENCAP, INC. 23525 07/24/12 01 DEVELOPER ESCROW-MAINTENANCE 90-014-14-00-1111 683.60 02 OF FOX HILL BASIN UNIT 7 ** COMMENT ** INVOICE TOTAL: 683.60 CHECK TOTAL: 683.60 513750 EXELON EXELON ENERGY -14- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 513750 EXELON EXELON ENERGY 100441500100 08/03/12 01 SEWER OP-1 W. ALLEY 52-520-54-00-5480 1,223.58 INVOICE TOTAL: 1,223.58 100441600090 07/14/12 01 WATER OP-2921 BRISTOL RIDGE RD 51-510-54-00-5480 6, 431.95 INVOICE TOTAL: 6, 431.95 * 100441600100 08/01/12 01 WATER OP -2921 BRISTOL RIDGE 51-510-54-00-5480 5,204.30 INVOICE TOTAL: 5,204.30 * 100441900100 08/02/12 01 WATER OP WELLS 51-510-54-00-5480 4,992.40 INVOICE TOTAL: 4,992.40 * 100587300090 08/02/12 01 WATER OP 2224 TREMONT STREET 51-510-54-00-5480 2,764.43 INVOICE TOTAL: 2,764.43 * 100587300100 08/04/12 01 WATER OP 2224 TREMONT STREET 51-510-54-00-5480 3,043.34 INVOICE TOTAL: 3,043.34 * 100587500090 07/22/12 01 WATER OP-3299 LEHMAN CROSSING 51-510-54-00-5480 5, 424.29 INVOICE TOTAL: 5, 424.29 * 200306900270 08/07/12 01 WATER OP-LIGHTS 51-510-54-00-5480 135.11 INVOICE TOTAL: 135.11 * 200307000230 07/23/12 01 WATER OP-LIGHTS 51-510-54-00-5480 2,930.05 INVOICE TOTAL: 2,930.05 * CHECK TOTAL: 32, 149.45 513751 EYEMED FIDELITY SECURITY LIFE INS. 1437137 08/01/12 01 ADMIN-AUGUST VISION INSURANCE 01-110-52-00-5224 44.42 02 ADMIN-ELECTED OFFICIALS AUGUST 01-110-52-00-5238 72.04 03 VISION INSURANCE ** COMMENT ** -15- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513751 EYEMED FIDELITY SECURITY LIFE INS. 1437137 08/01/12 04 FINANCE-AUGUST VISION 01-120-52-00-5224 26.98 05 INSURANCE ** COMMENT ** 06 POLICE-AUGUST VISION INSURANCE 01-210-52-00-5224 292.03 07 COMM/DEV-AUGUST VISION 01-220-52-00-5224 36.16 08 INSURANCE ** COMMENT ** 09 STREETS-AUGUST VISION 01-410-52-00-5224 58.55 10 INSURANCE ** COMMENT ** 11 ADMIN SERVICES-RETIREES AUGUST 01-640-52-00-5242 48.19 12 VISION INSURANCE ** COMMENT ** 13 PARKS-AUGUST VISION INSURANCE 79 790 52-00-5224 83.65 14 RECREATION-AUGUST VISION 79 795-52-00-5224 24.65 15 INSURANCE ** COMMENT ** 16 WATER OP-AUGUST VISION 51-510-52-00-5224 58.01 17 INSURANCE ** COMMENT ** 18 SEWER OP-AUGUST VISION 52-520-52-00-5224 35.98 19 INSURANCE ** COMMENT ** 20 LIBRARY-AUGUST VISION 82-820-52-00-5224 53.60 21 INSURANCE ** COMMENT ** INVOICE TOTAL: 834.26 CHECK TOTAL: 834.26 513752 FARREN FARREN HEATING & COOLING 7702 07/07/12 01 DOWNTOWN TIF-REPLACED RUN 88-880-60-00-6000 110.08 02 CAPACITOR FOR BLOWER MOTOR ** COMMENT ** 03 AT CREATIVE KERNELS ** COMMENT ** INVOICE TOTAL: 110.08 CHECK TOTAL: 110.08 513753 FIRST FIRST PLACE RENTAL 226923-1 07/23/12 01 WATER OP MARKING SUPPLIES 51-510-56-00-5620 379.20 INVOICE TOTAL: 379.20 CHECK TOTAL: 379.20 -16- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513754 FLATSOS RAQUEL HERRERA 071712 07/17/12 01 STREETS-TIRE 01-410-54-00-5495 25.00 INVOICE TOTAL: 25.00 * 080812 08/08/12 01 STREETS-TIRE 01-410-54-00-5495 90.00 INVOICE TOTAL: 90.00 * CHECK TOTAL: 115.00 513755 FOLEY FOLEY & LARDNER LLP 34064504 07/23/12 01 ADMIN SERVICES-2012 AUDIT 01-640-54-00-5463 532.00 02 RESPONSE ** COMMENT ** INVOICE TOTAL: 532.00 CHECK TOTAL: 532.00 513756 FREDRICR ROB FREDRICKSON 080112 08/01/12 01 FINANCE-JULY 2012 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513757 GARDKOCH GARDINER KOCH & WEISBERG H-1847C-85721 07/09/12 01 ADMIN SERVICES-AUDIT MATTERS 01-640-54-00-5461 920.00 INVOICE TOTAL: 920.00 H-1961C-85738 07/10/12 01 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5461 760.00 02 PLACE MATTERS ** COMMENT ** INVOICE TOTAL: 760.00 H-1961C-85910 08/03/12 01 ADMIN SERVICES-KENDALL 01-640-54-00-5461, 136.00 -17- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------------------------------- 513757 GARDKOCH GARDINER KOCH & WEISBERG H-1961C-85910 08/03/12 02 MARKETPLACE MATTERS ** COMMENT ** INVOICE TOTAL: 136.00 * H-1974C-85722 07/09/12 01 ADMIN SERVICES-IEPA MATTERS 01-640-54-00-5461 40.00 INVOICE TOTAL: 40.00 * H-1974C-86011 08/03/12 01 ADMIN SERVICES-IEPA MATTERS 01-640-54-00-5461 77.00 INVOICE TOTAL: 77.00 * H 2013C-85620 07/04/12 01 ADMIN SERVICES-HAMMAN FEES 01-640-54-00-5461 74.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 74.00 * H-2364C-85863 08/03/12 01 ADMIN SERVICES-KIMBALL HILL 01-640-54-00 5461 280.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 280.00 * H-2932C-85623 07/04/12 01 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5461 180.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 180.00 * H-2932C-86012 08/03/12 01 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5461 1,726.01 02 MOWING VIOLATION MATTERS ** COMMENT ** INVOICE TOTAL: 1, 726.01 * H-3029C-86013 08/03/12 01 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5461 140.00 02 BOND CALL ** COMMENT ** INVOICE TOTAL: 140.00 * CHECK TOTAL: 4,333.01 513758 GENVALVE GENEVA VALVE TAPPING COMPANY GEN54 07/10/12 01 WATER OP 6 INCH SINGLE LINE 51-510-54 00-5495 3,800.00 -18- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513758 GENVALVE GENEVA VALVE TAPPING COMPANY GEN54 07/10/12 02 STOP ** COMMENT ** INVOICE TOTAL: 3,800.00 CHECK TOTAL: 3, 800.00 513759 GOLINSKI GARY GOLINSKI 080112 08/01/12 01 ADMIN-JULY 2012 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513760 GRAINCO GRAINCO FS., INC. 003157 07/07/12 01 STREETS-SWEEPER TIRE 01-410-54-00-5495 500.07 INVOICE TOTAL: 500.07 CHECK TOTAL: 500.07 513761 HARTRICH HART, RICHARD 080112 08/01/12 01 POLICE-PHONE HOLSTER 01-210-56-00-5620 10.70 INVOICE TOTAL: 10.70 CHECK TOTAL: 10.70 513762 HAWKINS HAWKINS INC 3363150 07/03/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 624.96 INVOICE TOTAL: 624.96 3366546 07/19/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 1,345.50 INVOICE TOTAL: 1,345.50 -19- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------ 513762 HAWKINS HAWKINS INC 3366547 07/19/12 01 WATER OP•-CHEMICALS 51-510-56-00-5638 1, 935.17 INVOICE TOTAL: 1,935.17 * 3366550 07/19/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 973.26 INVOICE TOTAL: 973.26 * CHECK TOTAL: 4,878.89 513763 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 5041333 07/02/12 01 WATER OP-8 100CF METERS & 51-510-56-00-5664 652.92 02 CHAMBERS . ** COMMENT ** INVOICE TOTAL: 652.92 CHECK TOTAL: 652.92 513764 HENNE VERNE HENNE CONSTR. & 071812 07/18/12 01 DEVELOPER ESCROW-REFUND 90-032-32-00-0011 470.34 02 REMAINING LEGAL DEPOSIT FOR ** COMMENT ** 03 WORSLEY/GAWNE LANE ** COMMENT ** INVOICE TOTAL: 470.34 29839 07/25/12 01 STREETS-CONCRETE LIGHT POLE 01-410-56-00-5640 1,850.00 INVOICE TOTAL: 1,850.00 CHECK TOTAL: 2,320.34 513765 HRGREEN HR GREEN 81166 07/09/12 01 ADMIN SERVICES-GAME FARM RD. 01-640-54-00-5465 390.00 02 PLAT OF HIGHWAYS ** COMMENT ** INVOICE TOTAL: 390.00 CHECK TOTAL: 390.00 -20- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------,_.-..----------------------- 513766 ILEPAADM IL ENV. PROTECTION AGENCY 072612 07/26/12 01 WATER OP-CERTIFICATION RENEWAL 51-510-54-00-5412 20.00 INVOICE TOTAL: 20.00 CHECK TOTAL: 20.00 513767 ILLCO ILLCO, INC. 1230617 08/03/12 01 WATER OP BLIND FLANGE, RING 51-510-56-00-5640 52.04 02 GASKET ** COMMENT ** INVOICE TOTAL: 52.04 1261502-1 08/03/12 01 WATER OP-BLIND FLANGE, RING 51-510-56-00-5640 52.04 02 GASKETS ** COMMENT ** INVOICE TOTAL: 52.04 CHECK TOTAL: 104.08 513768 ILLIQUOR ILLINOIS LIQUOR CONTROL 080112 08/01/12 01 ADMIN REFUND OF REMAINING 01-000-24-00-2440 506.66 02 TOBACCO GRANT FUNDS ** COMMENT ** INVOICE TOTAL: 506.66 CHECK TOTAL: 506.66 513769 ILLUMBER IL VALLEY URBAN LUMBERJACKS 12333 08/09/12 01 STREETS-STORM DAMAGE BRUSH 01-410-54-00-5458 3,200.00 02 CLEAN-UP ** COMMENT ** INVOICE TOTAL: 3,200.00 CHECK TOTAL: 3,200.00 513770 ILPD4811 ILLINOIS STATE POLICE -21- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513770 ILPD4811 ILLINOIS STATE POLICE 080112C 08/01/12 01 ADMIN-SOLICITOR BACKGROUND 01-110-54-00-5462 31.50 02 CHECK ** COMMENT ** INVOICE TOTAL: 31.50 CHECK TOTAL: 31.50 513771 ILTOLL ILLINOIS STATE TOLL HIGHWAY G12419490 04/05/12 01 POLICE TOLLS 01-210-54-00-5415 58.22 INVOICE TOTAL: 58.22 * CHECK TOTAL: 58.22 513772 ILVALLEY ILLINOIS VALLEY INDUSTRIES 12307 07/23/12 01 STREETS-STORM CLEAN UP 01-410-54-00-5458 3,375.00 INVOICE TOTAL: 3,375.00 * CHECK TOTAL: 3,375.00 513773 IMS APEX INDUSTRIAL AUTOMATION LLC 1052334 07/03/12 01 DOWNTOWN TIF-MATERIALS USED 88-880-60-00-6000 169.60 02 FOR AIR CONDITIONER REPAIR AT ** COMMENT ** 03 CREATIVE KERNELS ** COMMENT ** INVOICE TOTAL: 169.60 * CHECK TOTAL: 169.60 513774 INTAPOL INTAPOL INDUSTRIES, INC. 0188433-IN 07/30/12 01 POLICE-MOTORCYCLE GEAR 01-210-56-00-5600 229.99 INVOICE TOTAL: 229.99 * CHECK TOTAL: 229.99 -22- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513775 IPRF ILLINOIS PUBLIC RISK FUND 5391 08/06/12 01 ADMIN SERVICES-SEPT. WORKERS 01-640-52-00-5231 5, 820.00 02 COMPENSATION ** COMMENT ** 03 WATER OP-SEPT. WORKERS 51-510-52-00-5231 724.00 04 COMPENSATION ** COMMENT ** 05 SEWER OP-SEPT. WORKERS 52-520-52-00-5231 481.00 06 COMPENSATION ** COMMENT ** 07 ADMIN SERVICES-PARK & REC SEPT 01-640-52-00-5231 1,207.00 08 WORKERS COMPENSATION ** COMMENT ** 09 ADMIN SERVICES-REC CENTER SEPT 01-640-52-00-5231 379.00 10 WORKERS COMPENSATION ** COMMENT ** 11 LIBRARY-SEPT. WORKERS 82-820-52-00-5231 840.00 12 COMPENSATION ** COMMENT ** INVOICE TOTAL: 9,451.00 CHECK TOTAL: 9, 451.00 513776 ITRON ITRON 252574 07/12/12 01 WATER OP AUGUST HOSTING 51-510-54-00-5462 456.23 02 SERVICES ** COMMENT ** INVOICE TOTAL: 456.23 CHECK TOTAL: 456.23 513777 JCM JCM UNIFORMS, INC. 669108 07/16/12 01 POLICE-BOOTS 01-210-56-00-5600 119.99 INVOICE TOTAL: 119.99 669109 07/16/12 01 POLICE-STREETGEAR PANTS 01-210-56-00-5600 131.90 INVOICE TOTAL: 131.90 CHECK TOTAL: 251.89 513778 JIMSTRCK JAMES GRIBBLE -23- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------- 513778 JIMSTRCK JAMES GRIBBLE 141883 07/23/12 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 141892 07/23/12 01 STREETS TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 141927 07/25/12 01 STREETS TRUCK INSPECTION 0.1-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 141936 07/25/12 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 141956 07/26/12 01 SEWER OP--TRUCK INSPECTION 52-520-54-00-5495 26.00 INVOICE TOTAL: 26.00 * CHECK TOTAL: 130.00 513779 JOHNSOIL JOHNSON OIL COMPANY IL NP35136066 08/01/12 01 POLICE GASOLINE 01-210-56-00-5695 2,968.73 INVOICE TOTAL: 2,968.73 CHECK TOTAL: 2, 968. 73 513780 KCRECORD KENDALL COUNTY RECORD 10255 08/13/12 01 ADMIN-PREVAILING WAGE NOTICE 01-110-54-00-5426 9.60 INVOICE TOTAL: 9.60 10514 07/19/12 01 COMM/DEV-ORDINANCE AMENDMENT 01-220-54-00-5426 24.40 INVOICE TOTAL: 24.40 9988 07/05/12 01 ADMIN-LEGAL NOTICE 01-110-54-00-5426 61.20 INVOICE TOTAL: 61.20 CHECK TOTAL: 95.20 -24- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------------------------------- 513781 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 080112 08/01/12 01 ADMIN-FTA REIMBURSEMENT FOR 01-000-24-00-2412 280.00 02 KENDALL, WILL AND KANE COUNTY ** COMMENT ** INVOICE TOTAL: 280.00 * 080812-MCTF 08/08/12 01 POLICE-ANNUAL MAJOR CRIMES 01-210-54-00-5462 1,000.00 02 TASK FORCE INSTALLMENT ** COMMENT ** INVOICE TOTAL: 1,000.00 * 080812 MCU 08/08/12 01 MOBILE COMMAND CENTER ANNUAL 01-210-54-00-5462 500.00 02 INSTALLMENT ** COMMENT ** INVOICE TOTAL: 500.00 * 080812-SRT 08/08/12 01 POLICE-ANNUAL SRT INSTALLMENT 01-210-54-00-5462 2,000.00 INVOICE TOTAL: 2,000.00 * CHECK TOTAL: 3, 780.00 513782 KENDTREA KENDALL COUNTY TREASURER YPD0712 07/13/12 01 POLICE ANNUAL SOFTWARE 01-210-54-00-5469 9,665.10 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 9,665.10 * CHECK TOTAL: 9,665.10 513783 KENPRINT ANNETTE M. POWELL 19020 07/10/12 01 POLICE-500 BUSINESS CARDS 01-210-54-00-5430 44.00 INVOICE TOTAL: 44.00 * 19055 07/31/12 01 WATER OP-500 BUSINESS CARDS 51 510-56-00-5620 15.96 02 SEWER OP-500 BUSINESS CARDS 52 520-56-00 5620 4.90 03 FINANCE-500 BUSINESS CARDS 01-120-56-00 5610 8.14 INVOICE TOTAL: 29.00 * CHECK TOTAL: 73.00 -25- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------------- 513784 KOLOWSKT TIMOTHY KOLOWSKI 080312 08/03/12 01 POLICE-BASIC SRO CLASS MEAL 01-210-54-00-5415 23.78 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 23.78 * CHECK TOTAL: 23.78 513785 KONICAMI KONICA MINOLTA BUSINESS 221774274 07/30/12 01 POLICE COPIER CHARGES 01-210-54-00-5430 23.94 INVOICE TOTAL: 23.94 * 221774275 07/30/12 01 ADMIN-COLOR COPIER CHARGES 01-110-54-00 5430 815.82 02 ADMIN-B/W COPIER CHARGES 01-110-54-00 5430 170.39 INVOICE TOTAL: 986.21 * 221775305 07/30/12 01 WATER OP-COPIER CHARGES 51-510-54-00-5430 4.91 INVOICE TOTAL: 4.91 * 221775306 07/30/12 01 POLICE COPIER CHARGES 01-210-54-00-5430 41.71 INVOICE TOTAL: 41.71 * 221775307 07/30/12 01 COMM/DEV-COLOR COPIER CHARGES 01-220-54-00-5430 179.34 02 COMM/DEV-B/W COPIER CHARGES 01-220-54-00-5430 43.96 INVOICE TOTAL: 223.30 * CHECK TOTAL: 1,280.07 513786 KONICEK LOIS KONICEK 081212 08/13/12 01 ADMIN BEECHER DEPOSIT REFUND 01 000 24-00-2410 400.00 INVOICE TOTAL: 400.00 * CHECK TOTAL: 400.00 513787 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER -26- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513787 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 401691 07/01/12 01 ADMIN SERVICES-GENERAL 01-640-54-00-5463 675.00 02 EMPLOYMENT LEGAL COUNSELING ** COMMENT ** INVOICE TOTAL: 675.00 CHECK TOTAL: 675.00 513788 LINCWOOD VILLAGE OF LINCOLNWOOD 2179 07/20/12 01 ADMIN-ILLMA SUMMER CONFERENCE 01-110-54-00-5415 339.46 02 LODGING FOR CITY ADMINISTRATOR ** COMMENT ** INVOICE TOTAL: 339.46 CHECK TOTAL: 339.46 513789 MARINEBI ARCH CHEMICALS, INC 11448 07/09/12 01 SUNFLOWER SSA-CHEMICALS USED 12-112-54-00-5495 812.00 02 TO TREAT POND ** COMMENT ** INVOICE TOTAL: 812.00 51858874 07/11/12 01 SUNFLOWER SSA-JULY ALGAE 12-112-54-00-5495 812.00 02 TREATMENT ** COMMENT ** INVOICE TOTAL: 812.00 CHECK TOTAL: 1,624.00 513790 MCKIRGN RANDY MCKIRGAN 73100 07/11/12 01 STREETS-OIL 01-410-54-00-5495 146.67 02 WATER OP-OIL 51-510-54-00-5495 146.67 03 SEWER OP-OIL 52-520-54-00-5495 146.66 INVOICE TOTAL: 440.00 73105 07/12/12 01 STREETS-BIO-DIESEL 01-410-56-00-5695 808.58 -27- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513790 MCKIRGN RANDY MCKIRGAN 73105 07/12/12 02 WATER OP-BIO-DIESEL 51-510-56-00-5695 808.57 03 SEWER OP-BIO-DIESEL 52-520-56-00-5695 808.57 INVOICE TOTAL: 2,425.72 73156 07/23/12 01 STREETS-OIL 01-410-54-00-5495 150.34 02 WATER OP-OIL 51-510-54-00-5495 150.33 03 SEWER OP OIL 52-520-54-00-5495 150.33 INVOICE TOTAL: 451.00 * CHECK TOTAL: 3,316.72 513791 MEADE MEADE ELECTRIC COMPANY, INC. 655812 07/27/12 01 STREETS-TRAFFIC SIGNAL REPAIR 01-410-54-00-5495 1,008.07 INVOICE TOTAL: 1,008.07 CHECK TOTAL: 1,008.07 513792 MENLAND MENARDS YORKVILLE 2841 07/25/12 01 STREETS-BREAKERS FOR SHOP 01-410-56-00-5656 65.62 INVOICE TOTAL: 65-62 * 2846 07/25/12 01 STREETS-MERCHANDISE RETURN 01-410-56-00-5656 -28.34 02 CREDIT ** COMMENT ** INVOICE TOTAL: -28.34 * 324 07/16/12 01 STREETS-ELITE POSTS, OIL 01-410-56-00-5620 35.56 INVOICE TOTAL: 35.56 * 377 07/16/12 01 STREETS-HAY FORK 01-410-56-00-5620 6.49 INVOICE TOTAL: 6.49 * 4423 07/30/12 01 WATER OP-PVC TEST CAPS, SCREW 51-510-56-00-5640 5.13 -28- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -- ----- --------------------------------------------------------------------------------------------------------------------- 513792 MENLAND MENARDS - YORKVILLE 4423 07/30/12 02 DRIVER ** COMMENT ** INVOICE TOTAL: 5.13 * 5224 08/02/12 01 WATER OP-ELECTRICAL SUPPLIES 51-510-56-00-5620 5.91 INVOICE TOTAL: 5.91 * 5409 08/03/12 01 STREETS-LP TANK EXCHANGE 01-410-56-00-5640 17.82 INVOICE TOTAL: 17.82 * 6143 08/06/12 01 STREETS-LEVELS 01-410-56-00-5640 91.20 INVOICE TOTAL: 91.20 * 887 07/18/12 01 LAND CASH-MATERIALS USED FOR 72-720-60-00-6036 27.14 02 GRADING FOR PARKING LOT BASE ** COMMENT ** 03 AT RAINTREE B ** COMMENT ** INVOICE TOTAL: 27.14 * 96261 07/02/12 01 WATER OP POWER STEERING FLUID 51-510-56-00-5640 2.39 INVOICE TOTAL: 2.39 * 97102 07/05/12 01 WATER OP-WOOD 51-510-56-00-5640 14.78 INVOICE TOTAL: 14.78 * 98525 07/10/12 01 WATER OP-BATTERIES 51-510-56-00-5620 23.94 INVOICE TOTAL: 23.94 * 99364 07/13/12 01 WATER OP-BALL SET, CUT OFF 51-510-56-00-5630 16.56 02 WHEELS, SCREWS, DUCT SEALING ** COMMENT ** 03 COMPOUND ** COMMENT ** INVOICE TOTAL: 16.56 * 99409 07/13/12 01 WATER OP-RETURNED MERCHANDISE 51-510-56-00-5664 -0.01 02 CREDIT ** COMMENT ** INVOICE TOTAL: 0.01 * CHECK TOTAL: 284.19 -29- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 513793 MERLIN DEYCO, INC. 18211 07/11/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.00 INVOICE TOTAL: 29.00 * 18287 07/16/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 18363 07/20/12 01 POLICE-OIL CHANGE, CHANGE AIR 01-210-54-00-5495 54.78 02 FILTER ** COMMENT ** INVOICE TOTAL: 54.78 * 18379 07/20/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * CHECK TOTAL: 143.68 513794 MESIROW MESIROW INSURANCE SERVICES INC 777400 07/20/12 01 ADMIN SERVICES-LIABILITY 01-640-52-00-5231 6,658.00 02 INSTALLMENT 10 OF 10 ** COMMENT ** 03 WATER OP-LIABILITY 51-510-52-00-5231 828.00 04 INSTALLMENT 10 OF 10 ** COMMENT ** 05 SEWER OP-LIABILITY 52-520-52-00-5231 551.00 06 INSTALLMENT 10 OF 10 ** COMMENT ** 07 ADMIN SERVICES-PARK & REC 01-640-52-00-5231 1,381.00 08 LIABILITY INSTALLMENT 10 OF 10 ** COMMENT ** 09 ADMIN SERVICES-REC CENTER 01-640-52-00-5231 434.00 10 INSTALLMENT 10 OF 10 ** COMMENT ** 11 LIBRARY-LIABILITY INSTALLMENT 82-820-52-00-5231 961.00 12 10 OF 10 ** COMMENT ** INVOICE TOTAL: 10,813.00 CHECK TOTAL: 10, 813.00 513795 METROMAY METROPOLITAN MAYOR'S CAUCUS -30- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513795 METROMAY METROPOLITAN MAYOR'S CAUCUS 2012-282 06/22/12 01 ADMIN-ANNUAL DUES 01-110-54-00-5460 592.24 INVOICE TOTAL: 592.24 CHECK TOTAL: 592.24 513796 MIDAM MID AMERICAN WATER 77254A 06/27/12 01 WATER OP VALVCO CLEANOUT 51-510-56-00-5640 510.00 02 COVERS ** COMMENT ** INVOICE TOTAL: 510.00 91278A 06/27/12 01 WATER OP-DUAL CHOKE BACKFLOWS 51-510-56-00-5664 672.50 INVOICE TOTAL: 672.50 CHECK TOTAL: 1, 182.50 513797 MINER MINER ELECTRONICS CORPORATION 245374 05/11/12 01 POLICE-REPLACED REMOTE CONTROL 01-210-54-00-5495 95.00 02 ON RADAR ** COMMENT ** INVOICE TOTAL: 95.00 * 245378 05/11/12 01 POLICE-RAN NEW WIRE FOR ALLEY 01-210-54-00-5495 190.00 02 LAMP ** COMMENT ** INVOICE TOTAL: 190.00 * 245991 07/10/12 01 POLICE-REMOVE LITE BAR, CAMERA 01-210-54-00-5495 150.00 02 AND REAR TRUCK BOX ** COMMENT ** INVOICE TOTAL: 150.00 * 246027 07/10/12 01 POLICE-REPLACED ROTATOR 01-210-54-00-5495 95.00 INVOICE TOTAL: 95.00 * 246028 07/10/12 01 POLICE INSTALLED AVENGER LITE 01-210-54-00-5495 392.50 INVOICE TOTAL: 392.50 * -31- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513797 MINER MINER ELECTRONICS CORPORATION 246030 07/31/12 01 POLICE-REPAIRED INTERNAL 01-210-54-00-5495 66.75 02 SPRING ON CAR RIFLE LOCK ** COMMENT ** INVOICE TOTAL: 66.75 * 246207 07/23/12 01 POLICE-TIGHTENED ANTENNA 01-210-54-00-5495 47.50 02 CONNECTION TO IMPROVE RADIO ** COMMENT ** 03 BAND RANGE ** COMMENT ** INVOICE TOTAL: 47.50 * 246208 07/23/12 01 POLICE-REMOUNTED REAR RADAR, 01-210-54-00-5495 118.75 02 REMOVED OLD RADAR REMOTE, ** COMMENT ** 03 CHANGED AND TUNED ANTENNA ** COMMENT ** INVOICE TOTAL: 118.75 * 246210 07/18/12 01 POLICE-RESET BREAKER UNDER 01-210-54-00-5495 111.62 02 HOOD FOR LITES, REPLACED ** COMMENT ** 03 AND TUNED ANTENNA CABLE ** COMMENT ** INVOICE TOTAL: 111.62 * 246248 07/27/12 01 POLICE-REPLACED TAIL LIGHT 01-210-54-00-5495 165.00 02 FLASHER ** COMMENT ** INVOICE TOTAL: 165.00 * 246263 07/27/12 01 POLICE-INSTALLED WASH OUT SEAT 01-210-54-00-5495 552.90 INVOICE TOTAL: 552.90 * 246284 07/27/12 01 POLICE-CHECKS AND ADJUSTED 01-210-54-00-5495 142.50 02 MODEM FREQUENCY ** COMMENT ** INVOICE TOTAL: 142.50 * CHECK TOTAL: 2, 127.52 513798 MJELECT MJ ELECTRICAL SUPPLY, INC. 1129170-00 07/23/12 01 STREETS-WIRE, PHOTO CONTROL 01-410-56-00-5640 156.90 INVOICE TOTAL: 156.90 -32- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 33 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------------------------------- 513798 MJELECT MJ ELECTRICAL SUPPLY, INC. 1129172-00 07/23/12 01 SEWER OP PHOTO CONTROL 52-520-56-00-5613 11.50 INVOICE TOTAL: 11.50 CHECK TOTAL: 168 .40 513799 NCI NORTHWEST COLLECTORS INC 0725565 07/27/12 01 POLICE-COMMICCION ON 01-210-54-00-5467 46.00 02 COLLECTIONS ** COMMENT ** INVOICE TOTAL: 46.00 CHECK TOTAL: 46 .00 513800 NEMRT NORTH EAST MULTI-REGIONAL 159520 07/10/12 01 POLICE-24 HOUR ADVANCED 01-210-54-00-5412 225.00 02 SCHOOL RESOURCE COURSE FOR ** COMMENT ** 03 2 PEOPLE ** COMMENT ** INVOICE TOTAL: 225.00 CHECK TOTAL: 225.00 513801 NESSD NESS, DEBRA 080612 08/06/12 01 POLICE RETURN OF TOW COMPANY 01-000-43-00-4325 125.00 02 CHARGES ** COMMENT ** INVOICE TOTAL: 125.00 CHECK TOTAL: 125.00 513802 NETCOMM NETCOMM TECHNICAL SOLUTIONS, 10703 07/16/12 01 ADMIN-COPY PAPER 01-110-56-00-5610 144.95 02 COMM/DEV-POST-IT NOTES, BINDER 01-220-56-00-5610 89.15 -33- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 34 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513802 NETCOMM NETCOMM TECHNICAL SOLUTIONS, 10703 07/16/12 03 CLIPS, PADS, MARKERS, PENS ** COMMENT ** 04 FINANCE-POST-IT NOTES 01-120-56-00-5610 0.75 05 WATER OP-POST-IT NOTES 51-510-56-00-5620 10.04 06 SEWER OP-POST-IT NOTES 52-520-56-00-5620 4 .20 INVOICE TOTAL: 249.09 CHECK TOTAL: 249.09 513803 NEXTEL NEXTEL COMMUNICATIONS 837900513-125-CITY 07/21/12 01 COMM/DEV-MONTHLY CHARGES 01-220-54-00 5440 151.19 02 POLICE-MONTHLY CHARGES 01-210-54-00 5440 867.69 03 SEWER OP-MONTHLY CHARGES 52-520-54 00-5440 131.90 04 STREETS-MONTHLY CHARGES 01-410-54-00-5440 167.50 O5 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 203.46 INVOICE TOTAL: 1,521.74 CHECK TOTAL: 1,521.74 513804 OLSONB BART OLSON 080112 08/01/12 01 ADMIN-JULY 2012 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513805 OMALLEY O'MALLEY WELDING & FABRICATING 15029 07/20/12 01 STREETS-MATERIALS NEEDED TO 01-410-56-00-5640 30.00 02 SHEAR PLATE TO SIZE ** COMMENT ** INVOICE TOTAL: 30.00 CHECK TOTAL: 30.00 -34- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 35 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513806 ORRK KATHLEEN FIELD ORR & ASSOC. 13802 08/05/12 01 ADMIN SERVICES-MISCELLANEOUS 01-640-54-00-5456 9,196.00 02 CITY LEGAL MATTERS ** COMMENT ** 03 DOWNTOWN TIF-LEGAL MATTERS 88-880-54-00-5466 2, 185.00 04 ADMIN SERVICES-MEETINGS 01-640-54-00-5456 1,000.00 05 FOX INDUSTRIAL TIF-LEGAL 01-000-24-00-2485 380.00 06 MATTERS ** COMMENT ** 07 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5456 38.00 08 PLACE MATTERS ** COMMENT ** INVOICE TOTAL: 12, 799.00 CHECK TOTAL: 12, 799.00 513807 OSWPRINT OSWEGO PRINTING SERVICE 72093 08/08/12 01 WATER 02-ENVELOPES 51-510-56-00-5620 824.65 02 SEWER OP-ENVELOPES 52-520 -56-00-5620 253.32 03 FINANCE-ENVELOPES 01-120-56-00-5610 420.40 INVOICE TOTAL: 1,498.37 CHECK TOTAL: 1, 498.37 513808 PAGED DALE PAGE 070112 07/01/12 01 POLICE-BATTERIES 01-210-56-00-5620 6.48 INVOICE TOTAL: 6.48 CHECK TOTAL: 6.48 513809 PARADISE PARADISE CAR WASH 222394 08/01/12 01 POLICE-JULY CAR WASHES 01-210-54-00-5495 163.00 INVOICE TOTAL: 163.00 CHECK TOTAL: 163.00 -35- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 36 TIME: 11:33:20 CHECK REGISTER ?RG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------- 513810 PATTEN PATTEN INDUSTRIES, INC. P53CO125498 07/19/12 01 WATER OP-AIR FILTER, LEVERS, 51-510-56-00-5640 131.79 02 BOLTS, WASHERS, BRACKETS, NUTS ** COMMENT ** INVOICE TOTAL: 131.79 * T0530053236 08/06/12 01 STREETS-REPAIR FUEL SYSTEM 01-410-54-00-5495 611.00 03 WATER OP-REPAIR FUEL SYSTEM 51-510-54-00-5495 611.00 06 SEWER OP-REPAIR FUEL SYSTEM 52-520-54-00-5495 611.01 INVOICE TOTAL: 1,833.01 * CHECK TOTAL: 1,964.80 513811 QUILL QUILL CORPORATION 2977353 05/07/12 01 COMM/DEV-LABELS 01-220-56-00-5610 21.99 INVOICE TOTAL: 21 .99 * CHECK TOTAL: 21.99 513812 80000109 JESSE SEXTON 080412 08/13/12 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 50.00 513813 R0000594 BRIAN BETZWISER 080112 08/01/12 01 PW CAPITAL-185 WOLF ST 21-211-92-00-8050 4,384.51 02 INTEREST PYMNT #45 ** COMMENT ** 03 PW CAPITAL 7185 WOLF ST 21-211-92-00-8000 2,473.41 04 INTEREST PYMNT #45 ** COMMENT ** INVOICE TOTAL: 6,857.92 CHECK TOTAL: 6, 857.92 -36- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 37 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513814 R0000679 CENTEX HOMES 071812 07/18/12 01 DEVELOPER ESCROW-REFUND 90-018-18-00-0011 92.98 02 REMAINING LEGAL DEPOSIT FOR ** COMMENT ** 03 BRISTOL BAY PUD ** COMMENT ** INVOICE TOTAL: 92.98 CHECK TOTAL: 92.98 513815 80001060 FMHC CORPORATION 071812 07/18/12 01 DEVELOPER ESCROW-REFUND 90-029-29-00-0111 250.00 02 REMAINING ENGINEERING DEPOSIT ** COMMENT ** 03 FOR VERIZON WATER TOWER ** COMMENT ** INVOICE TOTAL: 250.00 CHECK TOTAL: 250.00 513816 R0001061 IBT ASSET MANAGEMENT LLC 071812 07/18/12 01 DEVELOPER ESCROW-REFUND 90-017-17-00-0011 2,609.25 02 REMAINING LEGAL DEPOSIT FOR ** COMMENT ** 03 GRANDE RESERVE ANNEXATION AND ** COMMENT ** 04 PUD AMENDMENT ** COMMENT ** INVOICE TOTAL: 2,609.25 * CHECK TOTAL: 2,609.25 513817 R0001068 JACQUIE PURCELL 072812 08/03/12 01 ADMIN BEECHER DEPOSIT REFUND 01-000-24 00-2410 450.00 INVOICE TOTAL: 450.00 * CHECK TOTAL: 450.00 513818 R0001069 MICHELLE DOCKENDORF -37- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 38 TIME: 11:33:20 CHECK REGISTER PRG ID: A2215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513818 R0001069 MICHELLE DOCKENDORF 072912 08/03/12 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 100.00 INVOICE TOTAL: 100.00 CHECK TOTAL: 100.00 513819 R0001070 PAUL GAJEWSKI 072112 08/03/12 01 ADMIN--BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 513820 R0001072 SANDRA HARTMAN 080912 08/09/12 01 ADMIN-RETURN OF CASH BOND 01-000-43-00-4325 500.00 INVOICE TOTAL: 500.00 CHECK TOTAL: 500.00 513821 80001075 SHAWN & DARCI BROWNING 081512BUILD 08/15/12 01 MUNICIPAL BUILDING-1494 16-000-24-00-2445 300.00 02 CRIMSON LANE BUILD PROGRAM ** COMMENT ** 03 PW CAPITAL-1494 CRIMSON LANE 21-000-24-00-2445 1,400.00 04 BUILD PROGRAM ** COMMENT ** 05 CW CAPITAL-1494 CRIMSON LANE 23-000-24-00-2445 5,640.00 06 BUILD PROGRAM ** COMMENT ** 07 WATER OP-1494 CRIMSON LANE 51-000-24-00-2445 2,660.00 08 BUILD PROGRAM ** COMMENT ** INVOICE TOTAL: 10,000.00 CHECK TOTAL: 10,000.00 513822 R0001076 JORDAN & KELLY FILICE -38- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 39 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------------- 513822 R0001076 JORDAN & KELLY FILICE 081512BUILD 08/15/12 01 MUNICIPAL BUILDING-2557 16-000-24-00-2445 300.00 02 EMERALD LANE BUILD PROGRAM ** COMMENT ** 03 PW CAPITAL-2557 EMERALD LANE 21-000-24-00-2445 1,400.00 04 BUILD PROGRAM ** COMMENT ** 05 CW CAPITAL-2557 EMERALD LANE 23-000-24-00-2445 5,640.00 06 BUILD PROGRAM ** COMMENT ** 07 WATER OP-2557 EMERALD LANE 51-000-24-00-2445 2,660.00 08 BUILD PROGRAM ** COMMENT ** INVOICE TOTAL: 10,000.00 CHECK TOTAL: 10, 000.00 513823 R0001077 NEHA KAPIL 081512BUILD 08/15/12 01 MUNICIPAL BUILDING-2441 16-000-24-00-2445 300.00 02 EMERALD LANE BUILD PROGRAM ** COMMENT ** 03 PW CAPITAL-2441 EMERALD LANE 21-000-24-00-2445 1,400.00 04 BUILD PROGRAM ** COMMENT ** O5 CW CAPITAL-2441 EMERALD LANE 23-000-24-00-2445 5,640.00 06 BUILD PROGRAM ** COMMENT ** 07 WATER OP-2441 EMERALD LANE 51-000-24-00-2445 2,660.00 O8 BUILD PROGRAM ** COMMENT ** INVOICE TOTAL: 10,000.00 * CHECK TOTAL: 10, 000.00 513824 RADARMAN CINDY GRISWOLD 1610 07/09/12 01 POLICE GOLDEN EAGLE ANTENNA 01-210-54-00-5495 110.52 INVOICE TOTAL: 110.52 * CHECK TOTAL: 110.52 513825 RUSITYORK RUSH-COPLEY HEALTHCARE -39- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 40 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------- 513825 RUSITYORK RUSH-COPLEY HEALTHCARE 6151 06/25/12 01 SEWER OP-DOT DRUG SCREEN 52-520-54-00-5462 26.00 02 STREETS DOT DRUG SCREEN 01 410-54-00-5462 26.00 INVOICE TOTAL: 52.00 CHECK TOTAL: 52.00 513826 SAFESUPP SAFETY SUPPLY ILLINOIS 1902540876 07/11/12 01 SEWER OP--CALIBRATION GAS 52-520-56-00-5630 220.00 INVOICE TOTAL: 220.00 CHECK TOTAL: 220.00 513827 SERVMASC SERVICEMASTER COMM. CLEANING 157929 07/15/12 01 ADMIN-MONTHLY CITY OFFICE 01-110-54-00-5488 1, 196.00 02 JANITORIAL SERVICES ** COMMENT ** INVOICE TOTAL: 1, 196.00 CHECK TOTAL: 1, 196.00 513828 SHREDIT SHRED-IT 9400592006 07/11/12 01 POLICE-SHREDDING SERVICES 01-210-54-00-5462 90.95 INVOICE TOTAL: 90.95 CHECK TOTAL: 90.95 513829 SLEEZERJ SLEEZER, JOHN 080112 08/01/12 01 STREETS-JULY 2012 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 -40- )ATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 41 TIME: 11:33:20 CHECK REGISTER IRG ID: AP215000.WOW CHECK DATE: 08/28/12 :HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513830 SOFTWARE SOFTWARE PERFORMANCE 411035 07/10/12 01 ADMIN SERVICES-TRAVEL CHARGE 01-640-54-00-5450 25.00 INVOICE TOTAL: 25.00 * 411054 07/24/12 01 ADMIN SERVICES-TRAVEL CHARGE 01-640-54-00-5450 25.00 INVOICE TOTAL: 25.00 * 411055 07/24/12 01 ADMIN SERVICES-EXCHANGE 01-640-54-00-5450 319.00 02 SERVER CERTIFICATE ** COMMENT ** INVOICE TOTAL: 319.00 * 411070 08/09/12 01 ADMIN SERVICES-TRAVEL CHARGE 01-640-54-00-5450 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 419.00 513831 SPEER SPEER FINANCIAL, INC. 082112 08/21/12 01 COMM/DEV-REFERENDUM 01-220-54-00-5412 75.00 02 SEMINAR ** COMMENT ** INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 513832 STERLING STERLING CODIFIERS, INC. 12712 07/30/12 01 ADMIN SUPPLEMENT #29 01-110-54-00-5451 1,322.00 INVOICE TOTAL: 1,322.00 * CHECK TOTAL: 1, 322.00 513833 STREICH STREICHERS I947263 08/03/12 01 POLICE BADGE 01-210-56 00-5600 107.99 INVOICE TOTAL: 107.99 * -41- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 42 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------- 513833 STREICH STRETCHERS I947833 08/07/12 01 POLICE-TACTICAL VESTS 01-210-5600-5600 1,985.50 INVOICE TOTAL: 1, 985.50 CHECK TOTAL: 2, 093.49 513834 STRYPES STRYPES PLUS MORE INC. 11595 07/13/12 01 POLICE-DESTRIPE AND REMOVE ALL 01-210-54-00-5495 280.00 02 ADHESIVE ** COMMENT ** INVOICE TOTAL: 280.00 CHECK TOTAL: 280.00 513835 SUBURLAB SUBURBAN LABORATORIES INC. 19384 06/30/12 01 WATER OP-DISINFECTANT BY 51-510-54-00-5429 150.00 02 PRODUCTS ** COMMENT ** INVOICE TOTAL: 150.00 20175 07/31/12 01 WATER OP-FLUORIDE 51-510-54-00-5429 334.00 INVOICE TOTAL: 334.00 CHECK TOTAL: 484.00 513836 TARGET TARGET BANK 071812-CITY 07/18/12 01 ADMIN-WATER, NAPKINS 01-110-56-00-5610 5.06 INVOICE TOTAL: 5.06 CHECK TOTAL: 5.06 513837 TIGERDIR TIGERDIRECT J07523180101 07/13/12 01 ADMIN SERVICES-4 MONITORS FOR 01-640-54-00-5450 613.93 -42- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 43 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------------------------- 513837 TIGERDIR TIGERDIRECT J07523180101 07/13/12 02 REC CENTER ** COMMENT ** INVOICE TOTAL: 613.93 * J07523180105 07/12/12 01 ADMIN SERVICES-NEW COMPUTERS 01-640-54-00-5450 1, 799.96 02 FOR THE REC CENTER ** COMMENT ** INVOICE TOTAL: 1,799.96 * J09277090101 07/30/12 01 ADMIN SERVICES-NEW MONITOR 01-640-54-00-5450 200.67 INVOICE TOTAL: 200.67 * J09893390103 08/07/12 01 ADMIN SERVICES REPLACE 3 01-640-54-00-5450 1,900.88 02 COMPUTERS AT THE REC CENTER ** COMMENT ** INVOICE TOTAL: 1, 900.88 * CHECK TOTAL: 4,515.44 513838 TLCGROUP THE T.L.C. GROUP, LTD. 27590 07/31/12 01 FOX HILL SSA-JULY MOWING 11-111-54-00-5495 423.20 02 SERVICE ** COMMENT ** 03 SUNFLOWER SSA-JULY MOWING 12-112-54-00-5495 400.00 04 SERVICES ** COMMENT ** INVOICE TOTAL: 823.20 CHECK TOTAL: 823.20 513839 TRAFFIC TRAFFIC CONTROL CORPORATION 0000055350 08/09/12 01 STREETS-TRAFFIC SIGNAL REPAIR 01-410-56-00-5640 190.00 INVOICE TOTAL: 190.00 CHECK TOTAL: 190.00 513840 UPSSTORE MICHAEL J. KENIG -43- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 44 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------ 513840 UPSSTORE MICHAEL J. KENIG 071712 07/17/12 01 ADMIN-2 PKGS TO KFO, 1 PKG TO 01-110-54-00-5452 117.62 02 IL. DEPT. NTL. RESOURCES ** COMMENT ** 03 WATER OP-2 PKGS. TO ILEPA 51-510-54-00-5452 20.51 INVOICE TOTAL: 138.13 * 080812 08/08/12 01 ADMIN-2 PKGS TO KFO 01-110-54-00-5452 67.26 INVOICE TOTAL: 67.26 * CHECK TOTAL: 205.39 513841 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T00000801050 06/25/12 01 HEALTH & SANITATION-JUNE 01-540-54-00-5441 13,181.50 02 SERVICES ** COMMENT ** 03 HEALTH & SANITATION-JUNE 01-540-54-00-5442 84,364.00 04 SERVICES ** COMMENT ** INVOICE TOTAL: 97,545.50 * T00000811370 07/25/12 01 HEALTH & SANITATION-PREPAID 01-54,0-54-00-5442 500.00 02 REFUGE TAGS ** COMMENT ** INVOICE TOTAL: 500.00 * T00000811380 07/25/12 01 HEALTH & SANITATION-JULY 01-540-54-00-5441 13,181.50 02 SERVICES ** COMMENT ** 03 HEALTH & SANITATION-JULY 01-540-54-00-5442 84,536.00 04 SERVICES ** COMMENT ** INVOICE TOTAL: 97,717.50 CHECK TOTAL: 195, 763.00 513842 VISA VISA 072712 CITY 07/27/12 01 WATER OP-TRAILER VENT 51-510-56-00 5640 49.95 02 REPLACEMENT ** COMMENT ** -44- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 45 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------.--------- - 513842 VISA VISA 072712-CITY 07/27/12 03 FINANCE-WEBSITE UPKEEP FEE 01-120-54-00-5462 15.95 04 COMM/DEV-PLUMBING PLANS EXAM & 01-220-54-00-5412 610.00 05 APA CONFERENCE REGISTRATION ** COMMENT ** 06 STREETS-MONTHLY- CABLE 01-410-56-00-5620 70.64 07 WATER 02 MONTHLY CABLE 51-510-56-00-5620 70.63 08 SEWER OP MONTHLY CABLE 52-520-56-00-5620 70.63 INVOICE TOTAL: 887.80 CHECK TOTAL: 887.80 513843 VISA VISA 072712 PD 07/27/12 01 ADMIN SERVICES-CORDS FOR 01-640-54-00-5450 35.90 02 DIGITAL RECORDER ** COMMENT ** 03 POLICE-CALENDAR REFILLS 01-210-56-00-5610 46.98 04 POLICE-SRT MEETING MEAL 01-210-54-00-5415 63.50 05 REIMBURSEMENT ** COMMENT ** 06 ADMIN-MAY - JULY INTERNET 01-110-54-00-5440 35.52 07 COMM/DEV-MAY - JULY INTERNET 01-220-54-00-5440 26.64 08 FINANCE-MAY - JULY INTERNET 01-120-54-00-5440 35.52 09 PARKS-MAY - JULY INTERNET 79-790-56--00-5620 44.40 10 POLICE-MAY - JULY INTERNET 01-210-54-00-5440 230.88 11 REC CENTER-MAY - JULY INTERNET 80-800-56-00-5620 8.88 12 RECREATION-MAY - JULY INTERNET 79 795-56-00-5620 44.40 13 SEWER OP-MAY - JULY INTERNET 52 520-56-00-5620 26.64 14 WATER OP-MAY - JULY INTERNET 51 510-56-00-5620 44.40 15 STREETS-MAY - JULY INTERNET 01-410-56-00-5620 35.52 INVOICE TOTAL: 679.18 CHECK TOTAL: 679.18 513844 WALMART WALMART COMMUNITY 072212-CITY 07/22/12 01 ADMIN PLATES, CUPS, KLEENEX 01-110-56-00-5610 33.73 INVOICE TOTAL: 33.73 CHECK TOTAL: 33. 73 -45- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 46 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------- 513845 WAREHOUS WAREHOUSE DIRECT 1606153-0 07/03/12 01 ADMIN-ENVELOPES 01-110-56-00-5610 15.58 INVOICE TOTAL: 15.58 * 1636055-0 08/02/12 01 FINANCE-CHAIRMAT 01-120-56-00-5610 47.00 INVOICE TOTAL: 47.00 * 1647074 0 08/13/12 01 WATER OP TABS 51-510-56-00-5620 4.72 02 SEWER OP-TABS 52-520-56-00-5620 1.45 03 FINANCE TABS 01-120-56-00-5610 2.41 INVOICE TOTAL: 8.58 * CHECK TOTAL: 71.16 513846 WATERPRO RI WATERMAN PROPERTIES 080112 08/01/12 01 WATER OP-GRANDE RESERVE COURT 51-510-75-00-7502 22,988.77 02 ORDERED PYMNT #33 ** COMMENT ** INVOICE TOTAL: 22,988.77 CHECK TOTAL: 22,988.77 513847 WATERSYS WATER SOLUTIONS UNLIMITED, INC 31853 07/19/12 01 WATER OP-BLENDED PHOSPHATE 51-510-56-00-5638 2,587.50 INVOICE TOTAL: 2,587.50 CHECK TOTAL: 2,587.50 513848 WHOLTIRE WHOLESALE TIRE 142077 08/07/12 01 POLICE-TIRE MOUNT & BALANCE 01-210-54-00-5495 48.00 INVOICE TOTAL: 48.00 CHECK TOTAL: 48.00 -46- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 47 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------- 513849 WTRPRD WATER PRODUCTS, INC. 0233599 07/19/12 01 WATER OP-ITRON END POINTS, 51-510-56-00-5664 3,480.00 02 BACKPLATES, GEL CONNECTORS ** COMMENT ** INVOICE TOTAL: 3,480.00 CHECK TOTAL: 3,480.00 513850 YBSD YORKVILLE BRISTOL 0551-009480018 06/30/12 01 WATER OP-JUNE 2012 SERVICE 51-510-54-00-5445 4, 784.00 INVOICE TOTAL: 4,784.00 * 0551-009547956 07/31/12 01 WATER OP-JULY 2012 FEES 51-510-54-00-5445 6,259.90 INVOICE TOTAL: 6,259.90 CHECK TOTAL: 11,043.90 513851 YORKACE YORKVILLE ACE & RADIO SHACK 144816 07/26/12 01 STREETS-ROPE 01-410-56-00-5620 33.00 INVOICE TOTAL: 33.00 * 145035 08/10/12 01 WATER OP-PADLOCKS 51-510-56-00-5638 75.93 INVOICE TOTAL: 75.93 * CHECK TOTAL: 108.93 513852 YORKCLER YORKVILLE CLERK'S ACCOUNT 155866 07/27/12 01 WATER OP-RELEASE WATER LIENS 51-510-54--00-5448 196.00 02 PW CAPITAL-FILE MOWING LIENS 21-211-54-00-5448 294.00 INVOICE TOTAL: 490.00 156195 08/08/12 01 WATER OP-WATER LIENS FILED 51-510-54-00 5448 98.00 02 WATER OP-WATER LIENS RELEASED 51-510-54-00 -5448 147.00 -47- )ATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 48 'IME: 11:33:20 CHECK REGISTER 'RG ID: AP215000.WOW CHECK DATE: 08/28/12 :HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------ --------------------------------------------------------------------------------------------------------------------------- 513852 YORKCLER YORKVILLE CLERK'S ACCOUNT 156195 08/08/12 03 PW CAPITAL-MOWING LIEN FILED 21-211-54-00-5448 49.00 04 DEVELOPER ESCROW-AMENDMENT 90-016-16-00-0011 101.00 05 FOR BLACKBERRY WOODS ** COMMENT ** INVOICE TOTAL: 395.00 * 156199 08/08/12 01 WATER OP-WATER LIEN FILED. 51-510-54-00-5448 49.00 INVOICE TOTAL: 49.00 * CHECK TOTAL: 934.00 513853 YORKGFPC PETTY CASH 081312 08/13/12 01 WATER OP-TOLL REIMBURSEMENT 51-510-54-00-5415 6.00 02 FINANCE-SUPER GLUE 01-120-56-00-5610 2.80 INVOICE TOTAL: 8.80 * CHECK TOTAL: 8.80 513854 YORKNAPA YORKVILLE NAPA AUTO PARTS 008838 07/06/12 01 WATER OP-CIRCUIT TESTER 51-510-56-00-5640 8.78 INVOICE TOTAL: 8.78 * 008840 07/06/12 01 WATER OP-FUSE 51-510-56-00-5640 2.99 INVOICE TOTAL: 2.99 * 009579 07/13/12 01 STREETS-BRAKE SHOE HARDWARE 01-410-54-00-5495 13.69 02 KIT ** COMMENT ** INVOICE TOTAL: 13.69 * CHECK TOTAL: 25.46 513855 YORKPDPC YORKVILLE POLICE DEPT. 080812 08/08/12 01 POLICE-CHANGE DRAWER INCREASE 01-210-56-00-5620 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 50.00 -48- DATE: 08/22/12 UNITED CITY OF YORKVILLE PAGE: 49 TIME: 11:33:20 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/28/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513856 YORKSELF YORKVILLE SELF STORAGE, INC 072312-45 07/23/12 01 POLICE-STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 513857 YOUNGM MARLYS J. YOUNG 071112 07/22/12 01 ADMIN JULY 11 PLAN COMMISSION 01-110-54-00-5462 41.25 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 41.25 CHECK TOTAL: 41.25 TOTAL AMOUNT PAID: 536,632.18 -49- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 8/3/2012 REGULAR OVERTIME TOTAL I.MRF FICA TOTALS ADMINISTRATION $ 10,223.63 $ - $ 10,223.63 $ 885.30 $ 726.25 $ 11,835.18 FINANCE 6,696.20 - 6,696.20 674.44 519.57 7,890.21 POLICE 80,039.67 2,593.83 82,633.50 444.45 6,021.33 89,099.28 COMMUNITY DEV. 7,785.58 - 7,785.58 684.01 573.55 9,043.14 STREETS 9,917.60 - 9,917.60 956.05 731.40 11,605.05 WATER 20,08144 77.89 20,159.33 1,047.47 1,503.58 22,710.38 SEWER 7,086.27 - 7,086.27 683.12 527.31 8,296.70 PARKS 17,589.49 - 17,589.49 1,498.38 1,304.12 20,391.99 RECREATION 8,538.16 - 8,538.16 795.56 634.46 9,968.18 REC. CENTER 6,363.95 - 6,363.95 250.16 494.62 7,108.73 LIBRARY 16,089.94 - 16,089.94 901.66 1,203.21 18,194.81 TOTALS $ 190,411.93 $ 2;671.72 $ 193,083.65 $ 8,820.60 $ 14,239.40 $ 216,143.65 TOTAL PAYROLL $ 216,143.65 -50- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 8/17/2012 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR& LIQ. COM. $ 808.34 $ - $ 808.34 $ - $ 61.84 $ 870.18 CLERK 641.67 - 641.67 23.30 37.37 702.34 TREASURER 500.00 - 500.00 48.20 38.25 586.45 ALDERMAN 4,000.00 - 4,000.00 385.60 260.23 4,645.83 ADMINISTRATION 10,223.64 - 10,223.64 885.30 726.25 11,835.19 FINANCE 6,696.20 - 6,696.20 645.51 496.61 7,838.32 POLICE 75,308.79 1,842.89 77,151.68 444.45 5,629.47 83,225.60 COMMUNITY DEV. 7,737.31 - 7,737.31 684.90 569.85 8,992.06 STREETS 9,927.22 12.48 9,939.70 958.18 733.05 11,630.93 WATER 14,504.84 155.78 14,660.62 1,413.30 1,082.93 17,156.85 SEWER 7,247.99 - 7,247.99 698.71 539.74 8,486.44 PARKS 17,269.51 - 17,269.51 1,491.25 1,268.17 20,028.93 RECREATION 8,341.27 - 8,341.27 788.18 611.77 9,741.22 REC. CENTER 6,827.62 - 6,827.62 290.62 522.36 7,640.60 LIBRARY 16,416.16 - 16,416.16 901.66 1,228.15 18,545.97 TOTALS $ 186,450.56 $ 2,011.15 $ 188,461.71 $ 9,659.16 $ 13,806.04 $ 211,926.91 TOTAL PAYROLL $ 211,926.91 -51- UNITED CITY OF YORKVILLE CITY COUNCIL BILL LIST SUMMARY Tuesday,August 28, 2012 PAYROLL DATE BI-WEEKLY 8/3/2012 $216,143.65 BI-WEEKLY 8/17/2012 $205,122.11 ELECTED OFFICIAL 8/17/2012 $6,804.80 TOTAL PAYROLL $428,070.56 ACCOUNTS PAYABLE BILLS LIST-FY 13 $536,632.18 MANUAL BILL LIST-YORKVILLE POST OFFICE-06/30 UB BILLS $390.38 MANUAL BILL LIST-MUNOZ BUILD PROGRAM 7/18/2012 $10,000.00 MANUAL BILL LIST-MARZETTA BUILD PROGRAM 8/8/2012 $10,000.00 TOTAL BILLS PAID $557,022.56 ONLINE PAYMENTS LINCOLN FINANCIAL-AUGUST LIFE INS.PREMIUMS $989.16 BCBS-AUGUST HEALTH&DENTAL INSURANCE $87,618.35 SHELL GASOLINE-JUNE PW GASOLINE $1,094.97 SHELL GASOLINE-JUNE PD GASOLINE $3,213.40 BP AMOCO OIL COMPANY-JUNE PD GASOLINE $170.72 SHELL GASOLINE-JULY PW GASOLINE $1,018.31 SPEEDWAY GAS-JULY GASOLINE $4,801.85 TOTAL BILLS PAID $98,906.76 WIRE TRANSFERS IEPA WIRE TRANSFER-1-17-1563-BILL 11/PRINCIPAL PMT 8/3/2012 $43,604.25 IEPA WIRE TRANSFER-L17-1563-BILL 11/INTEREST PMT 8/3/2012 $18,910.83 IEPA WIRE TRANSFER-1-17-1153-BILL 26/PRINCIPAL PMT 8/31/2012 $44,016.35 [EPA WIRE TRANSFER-L17-1153-BILL 26/INTEREST PMT 8/31/2012 $9,509.00 TOTAL WIRE TRANSFERS $116,040.43 TOTAL DISBURSEMENTS $1,200,040.31 -52- Reviewed By: Agenda Item Number 606 Legal ■ CA#2 Finance ❑ EST. -� __ti 1838 Engineer ■ -- City Administrator ■ Tracking Number m Human Resources E]C�"Sad `=Q Community Development Q EDC 2012-34 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Swanson Lane Estates—Plat of Vacation Meeting and Date: CC August 28, 2012 Synopsis: Request for approval of a Plat of Vacation for a previously approved Final Plat of Subdivision for the Swanson Lane Estates development. Council Action Previously Taken: Date of Action: 8/14/12 Action Taken: COW recommendation for approval Item Number: EDC NB #2 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Department Name Department Agenda Item Notes: See attached draft ordinance, staff memo and supporting documents. o Memorandum Esr. y 1836 To: Committee of the Whole .� From: Krysti J. Barksdale-Noble, Community Development Director I�.ci �� °°°°15oa° O CC: Bart Olson, City Administrator LE v� Date: August 8, 2012 Subject: Swanson Lane Estates—Request for Plat of Vacation Request Staff was recently contacted by Mr. Gary Ciampi, the current owner of the Swanson Lane Estates property requesting release of the letter of credit (LOC) the City currently holds for the development. Since the LOC was established upon approving the Final Plat of Subdivision for the property to ensure the construction of all public and private improvements, the LOC must remain in place as long as the property has a Final Plat recorded against it. Therefore, the owner is proposing to relinquish the entitlements afforded to him as part of the previously approved Final Plat of Subdivision, as provided in an annexation agreement for the Swanson lane Estates development, and requests approval of a Plat of Vacation. Development Background In 2005, the City of Yorkville annexed and approved the final plat of subdivision for the Swanson Lane Estates development, a roughly 15-acre property located south of Cannonball Trail and east of Bridge Street (IL Rte. 47) along Blackberry Creek, as illustrated on the attached map. As approved, the six (6) lot subdivision was designated a Planned Unit Development (PUD) and zoned within the E-I Estate Residential District with an existing residence located on Lot 4 of the subdivision. Per the recorded Annexation Agreement entered into on May 10, 2005 between the City and the then-owners, Gordon and Marcia Swanson, the following are some provisions agreed upon with regard to the development of the Swanson Lane Estates property: • Variances regarding construction of certain roadway right-of-ways and street widths within the approved development were approved. • The subdivision was not required to connect to the City's sanitary sewer system and was permitted to use septic fields or mechanical sewer systems for each residence. • Storm water detention was not required for the development due to the sufficient open space and extent of existing vegetation. • Easements, floodplain management and conservation areas were required to be dedicated on portions of the property. • Variances for certain bulk regulations related to maximum height and established minimum home size requirements. • Establishment of development fees assessed on a per unit basis (Exhibit"E") • Approval of certain Declaration of Protective Covenants (Exhibit"F") Although construction never began on the Swanson Lane Estates subdivision since approval of the final plat in 2005, the City is currently holding an irrevocable letter of credit (LOC) in the amount of $188,884.85 for the proposed public improvements of the development. We have been notified by the current owner, Gary Ciampi that the financial institution securing the LOC will most likely not renew the letter and the annexation agreement is set to expire 10 years of the original approval date or on May 10, 2015. Staff Comments/Recommendations Since the terms of such annexation agreements are assignable to and binding upon subsequent property owners and the obligations/encumbrances run with the land, the current owner is seeking relief of the provisions and benefits of the previously approved Final Plat of the Swanson Lane Estates development. All entitlements afforded for the platted lots, with the exception of annexation and current zoning, are requested for removal as illustrated in the attached proposed Plat of Vacation submitted by the owner and prepared by Todd Surveying. The proposed Plat of Vacation has also been reviewed and recommended for approval by the City Engineer(see attached review comments). Staff is supportive of the request, as the letter of credit established in 2006 securing the proposed infrastructure to the subdivision may not adequately cover the cost to construct these improvements in today's dollars. Furthermore, since no construction activity has occurred on the property in the past seven (7) years, and will not likely occur within the next three (3) years when the original annexation agreement is set to expire, it is in the best interest of the City to remove the encumbrances on the property so that it may be sold and positioned for redevelopment. Should the Committee of the Whole be favorable to the request of vacation of the previously approved plat, staff and the City Attorney will prepare a draft ordinance to be presented at the next City Council meeting. Staff and the property owner will be available at Tuesday night's meeting to answer any questions of the Committee. Resolution No. 2012- A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS APPROVING A PLAT OF VACATION FOR SWANSON LANE ESTATES PLANNED UNIT DEVELOPMENT AND PLAT OF SUBDIVISION WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS,the City adopted on October 11, 2005 Resolution No. 2005-70 entitled, "RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR SWANSON LANE ESTATES" and recorded said Plat with the Kendall County Recorder as document number 200700001158 on January 10, 2007; and, WHEREAS,the City adopted on May 10, 2005 OrdinanceNo. 2005-42 entitled, "AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF SWANSON LANE ESTATES" and recorded said Ordinance with the Kendall County Recorder as document number 200700001156 on January 10, 2007; and, WHEREAS,the City and the Stephen Gary Ciampi Irrevocable Trust, the current owner of the Property, desire to vacate the Final Plat of Subdivision and Final PUD Plat for Swanson Lane Estates in order to remove the record of the above prior commitments for the Property to allow the current owner to develop the Property without such encumbrances; and, WHEREAS,the vacation of the plat of subdivision and PUD plat will encourage the development of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitations set forth in the Preambles hereto are material to this Resolution and are hereby incorporated into and made a part hereof as if fully set forth. Section 2. That the PLAT OF VACATION OF FINAL PLAT OF PLANNED UNIT DEVELOPMENT, SWANSON LANE ESTATES, attached hereto and made a part hereof by reference as Exhibit A, is hereby approved, and the Mayor and City Clerk, be and are hereby authorized to execute said Plat on behalf of the United City of Yorkville. Resolution No.2012- Page 1 Section 3. That Resolution numbered 2005-70 that adopted the above referenced Final Plat and PUD Plat be and is hereby repealed. Section 4. The City Clerk shall file this Resolution with the Kendall County Recorder. Section 5. This Resolution shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING LARRY KOT JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Prepared by: Return to: James W. Binninger City Clerk City Attorney United City of Yorkville Kathleen Field Orr&Associates 800 Game Farm Road 53 West Jackson, Suite 935 Yorkville, Illinois 60560 Chicago, Illinois 60604 Resolution No.2012- Page 2 C-annonball-Trl 10 � ^1 61 \OOL IN 317 �p 21 219 g P a rI �� QL 40�3 zsos Z 19 ; L�N�J 3 51Z S SW O NN L�J N N Q 42 N D O O LLLLSShdyyJ .j 408 4�6 L E o C N O � M oA� 306 Swanson-L-n 4u N •.. C -'t .a '.1 �� 416 E-L-exington-C-ire WY 47 `exington Cir s F" 10 6 7 6 , .v r 4 • T . 3 � 2 1 Kennedy"Rd United City The Data is provided without warranty or any representation of np y of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the �1?i Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and W E Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. s To the United City of Yorkville 06/29/20I2 Per my conversation with Krysti Barksdale-Noble I Stephen Ciampi the owner of the property know as Swanson lane estates. P am requesting that the City of Yorkville consider this project dead at this time And by doing so releasing the bond that is held with the Old Second Bank Elburn. With this request I will be submitting a plat of vacation for this project per her instructions. Thanks Stephen Ciampi PLAT OF VACATION NOTE! OF FINAL PLAT OF PLANNED UNIT DEVELOPMENT SWANSON LANE ESTATES ALL PUBLIC UTILITY AND DRAINAGE EASEMENTS, PUBLIC UTILITY AND INGRESS-EGRESS EASEMENTS, ELOODPLAIN BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 1�11�lNAGE1UIENT AND CONSERVATION EASEMENT AREAS, SETBACKS 7, EST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND LOTS ARE HEREBY VACATED Lot 69 Lot 71 Lot 70 L ec riled August 31, 1 94 as Document o. 940870 Bl Lot ° Lot 73 Lot 74 Lot 68 Lot 76 Lot 77 B5°39'37" E 575W' 31_, o' P.uE Lot 79 Lot 78 �o Lot 80 0' B.S.L. 10' P.U. 1).E. 68' E 260.19' N 85°39'37" r _ 0' P.U.si _ 30 B.S.L. v J lob 5'p ,1° _,��2S' B Lot 3 30' B.S.L_ 4-- I U �� \S� � of � < SURVEYOR'S CERTIFICATE o R,74. 00 I I �b STATE OF ILLINOIS ) 0 9� ) w W I : Lot 2 SS ) COUNTY OF KENDALL I O divided o o ° S 80 4034" This is to certify hat I the undersigned, an Illinois w ^� Unsub �I m j E 3721 S' _ 10' Y 9 i m Lot 1 0 �° �° P.U. _ gs.L. ,o. Registered Land Surveyor, at the request of the owners Io N� �b Ingress-Egress Easement a 10 �/ � G o� thereof, have prepared this plat for the purpose of N o co �� HEREBY VACATED I a.s.L. - N _�p �° vacating all lots and easements within the following O 5 L Q eat described property. CC FINAL PLAT OF PLANNED UNIT DEVELOPMENT, SWANSON I LANE ESTATES, BEING A SUBDIVISION OF PART OF THE Q_ / �s. °° NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, ? B.S.L. N 86°30'03" E 225.40 C5 / �s�. \ RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN 25 I C7 -� s� BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; MORE C6 J I \C4 PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF __j Lot 4 THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, C2 L3 L4 C3 RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, cl-D L1 C1 I DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON o p 50' P.U.E. & Ingress-Egress Easement L2 25 SL. �, uj � THE ORIGINAL CENTER LINE OF THE BRISTOL AND �- c �o °: BRISTOL STATION ROAD AT THE NORTHWESTERNMOST B.S.L. A B.S.L. _ °� CORNER OF BLACKBERRY CREEK SUBDIVISION a N " 90.00 3 B.S.L. N 86'56'06" E 82.36'21 ACCORDING TO THE PLAT THEREOF RECORDED �j 48.00' N � SEPTEMBER 22, 1988 AS DOCUMENT N0. 885104; O� N j30, B.S.L. B.S.L Lot 5 oo 's2, N 87.18'114" w 95.00' s 8747718° w 95.00' THENCE NORTH 06°30'00" EAST ALONG SAID OLD CENTER LINE, 177.53 FEET,• THENCE NORTH 06°23'10" EAST ALONG SAID CENTER LINE, 414.85 FEET TO A 0 POINT ON THE SOUTH LINE OF "BLACKBERRY CREEK \ as o ELOODPLAIN MANAGEMENT NORTH, YORKVILLE, KENDALL COUNTY, ILLINOIS" 2_ AND CONSERVATION SUBDIVISION EXTENDED WESTERLY; THENCE NORTH '33'33' E EASEMENT AREA AND 85°39'37" EAST ALONG SAID SOUTH LINE, A DISTANCE o °O S 83.36'50" N 762705 58.27 PUBLIC UTILITIES AND 1�6.o OF 260.19 FEET, THENCE SOUTH 0623'10" WEST, DRAINAGE EASEMENT b 0 PARALLEL WITH THE ORIGINAL CENTERLINE OF THE Q:) Lot 6 40.93' E 5°.77 N 89°30'45" YV 348.00' HEREBY VACATED r° O ��°45 BRISTOL AND BRISTOL STATION ROAD 208.30 FEET 8 W THENCE NORTH 86°30'03" EAST, 225.40 FEET, THENCE 0 oho NORTH 06 23'10" EAST, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 211.67 FEET TO SAID m FLOODPLAIN MANAGEMENT SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION; THENCE NORTH 85 39 37 EAST, 575.00 FEET, THENCE CI-)O AND CONSERVATION EASEMENT AREA AND 6' 0 SOUTH 39°28'49" EAST, 594.27 FEET, THENCE NORTH � � PUBLIC UTILITIES AND 77°45'38" WEST, 126.0 FEET, THENCE SOUTH 12°14'22" DRAINAGE EASEMENT � HEREBY VACATED WEST, 44.00 FEET TO THE NORTHERLY LINE OF SAID P 1988 as Document No. 885104) 00 ® BLACKBERRY CREEK SUBDIVISION; THENCE SOUTH Blackberry Creek Subdivision (Recorded September 22, 42°46'03" WEST ALONG SAID NORTHERLY LINE, 186.00 ��• FEET; THENCE NORTH 83°55'57" WEST ALONG SAID NORTHERLY LINE, 127.0 FEET,• THENCE NORTH 28°05'56" o WEST ALONG SAID NORTHERLY LINE, 180.00 FEET, THENCE NORTH 89°30'45" WEST ALONG SAID NORTHERLY ®0� �� N 83°5557" W Lot 30 127.0o' LINE, 348.00 FEET,• THENCE SOUTH 55°04'46" WEST ALONG SAID NORTHERLY LINE, 508.00 FEET, THENCE SOUTH 50'16'57" WEST ALONG SAID NORTHERLY LINE, POINT OF BEGINNING 211.00 FEET,• THENCE NORTH 28°40'52" WEST ALONG SAID NORTHERLY LINE, 220.00 FEET TO THE POINT OF BEGINNING; IN BRISTOL TOWNSHIP, KENDALL COUNTY, Lot 11 ILLINOIS Lot 12 Given under my hand and seal this day of --------- A.D., 2012. � vo -------------------------------- �� Lot �3 Michel C. Ensalaco Lot 6 Lot 7 1304 Sunset Ave, Ste E. P.L.S. # 2768 � Lot 8 CURVE DATA DESCRIPTION LENGTH BEARING LINE DATA Todd Surveying, �J DESCRIPTION RADIUS LENGTH CHORD BEARING CHORD LENGTH Yorkville, Illinois o � 60560 L 1 9.25' N 83'36'50" W C1 225.00 69.12 N 87°3311 E 68.84 C2 300.00' 73.04' S 85°43'40" W 72.68' L2 125.39' S 87°17'51" E �. 5 C3 400.00' 132.72' N 83°16'07" E 131.13' L3 106.99' S 87°17'51" E C4 600.00' 147.63' S 80°53'01" W 147.26 L4 18.40' S 87°17'51" E ' L5 15.34' N 06'23'10" E C5 300.00' 135.95' N 74°57'11" E 134.76 C6 600.00' 80.29' S 77°40'06" W 80.23' L6 33.33' N 06°23'10" E C7 600.00' 67.34' en S 84°43'02" W 67.31' L7 13.96 S 08°33 39 E Sheet 1 of 2 Client: Micheal Vincent Homes 1" = 60' P.U.&D.E.= Public Utility & MICHEL C. ENSALACO P.L.S. 2765 EXP. 1 1/30/2012 Drainage Easement ERIC C. POKORNY P.L.S. 381 S EXP. 1 1/30/2012 Book#: NB I Drawn BY:PM.ME Plat#:11307 P.U.E.= Public Utility Easement Reference: Field Work Completed: NA B.S.L. = Building Setback Line 0P P ur VF" y R ev.Dda Rev. °n PROFESSIONAL LAND SURVEYINO SERVICES SITE SURVEYINS, INC 1304 SUNSET AVENUE, SUITE E ProjWNumber: YORKVILLE, ILLINOIS 60560 PHONE 630-592-1309 FAX 630-592-6544 2012-0438 5urvcy i�valid ody If origins/_-cal b shown in red. PLAT OF VACATION OF FINAL PLAT OF PLANNED UNIT DEVELOPMENT SWANSON LANE ESTATES BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7, EST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS OWNER'S CERTIFICATE CITY COUNCIL CERTIFICATE SBC AMERITECH, THEIR SUCCESSORS AND ASSIGNS: State of ILLINOIS ) State of ILLINOIS ) SS ) SS ACCEPTED AND APPROVED THIS ____ DAY OF ---------------------- 2012 County of KENDAL ) County of KENDAL ) -------------------------------------------------------------- This is to certify that the Stephen Gary Ciampi Irrevocable Trust, is the record Approved and Accepted by the Mayor and City council of the United City of Signature Please Print Name and Title owner of the property described in the Surveyor's Certificate affixed hereon, and do Yorkville, Illinois, this _____ day of _____________________, 2012. hereby consent to the Vacation of the Final Plat of Planned Unit Development SWANSON LANE ESTATES. -------------------------------- NICOR THEIR SUCCESSORS AND ASSIGNS: City Clerk Dated at ------------------ _____________ this ___ day of (Town) (State) ACCEPTED AND APPROVED THIS DAY OF , 2012 ------------------ 2012. -------------------------------------------------------------- Signature Please Print Name and Title ----------------------------------------------------- Signature ------------------------ -------------------------- Print Name Print Title COMED, THEIR SUCCESSORS AND ASSIGNS: Address: --------------------------- ACCEPTED AND APPROVED THIS DAY OF 2012 --------------------------- CITY CLERK'S CERTIFICATE ) -------------------------------------------------------------- NOTARY'S CERTIFICATE State of ILLINOIS SS Signature Please Print Name and Title State of ILLINOIS ) County of KENDAL ) ) SS County of _______ ) Approved and Accepted by the Mayor and City council of the United City of I, the undersigned, a Notary Public in and for said County and State, do hereby Yorkville, Illinois, by Ordinance No. ------------------ at a meeting held this JONES INTERCABLE, THEIR SUCCESSORS AND ASSIGNS: certify that the foregoing signatory on the Owner's Certificate is personally known ----- day of ---------------------- 2012. to me to be the some person whose name is subscribed to the foregoing instrument, and that said individual appeared and delivered said instrument as a ACCEPTED AND APPROVED THIS ---- DAY OF ---------------------, 2012 free and voluntary act for the uses and purposes therein set forth in the aforesaid instrument -------------------------------- City Clerk -------------------------------------------------------------- Signature Please Print Name and Title Given under my hand and nostril seal this ___ day of -------- A.D., 2012. --------------------------------------------------- Notary Public Commission Expires CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS: --------------------------------------------------- Please Print Name ACCEPTED AND APPROVED THIS ____ DAY OF ---------------------- 2012 COUNTY CLERK'S CERTIFICATE -------------------------------------------------------------- State of ILLINOIS ) Signature Please Print Name and Title ) SS County of KENDAL ) I, ------------------------------------ County Clerk of Kendall County, Illinois, do hereby certify that there are no delinquent general taxes, no unpaid current taxes, no unpaid forfeited taxes, and no redeemable tax sales against any of the land included in the plat hereon drown. I further certify that I have received all statutory fees in connection with the plat hereon drawn. Given under my Hand and Seal of the County Clerk at Yorkville, Illinois this _____ day of ---------------------- 2012. -------------------------------- County Clerk Sheet 2of2 SCALE 1" = 60' Gient: Michael vincent Homes P.U.&D.E.= Public Utility & MICHEL C. ENSALACO P.L.S. 2768 EXP. 1 1/30/ZO 1 Z Drainage Easement ERIC C. POKORNY P.L.S. 381 8 Exp. 1 1/30/ZO1 Z Book#: NB Drawn :PM.MEPIet :11307 Reference: P.U.E.= Public Utility Easement Field Work Completed: NA B.S.L. = Building Setback Line O� [AP-,,VF,YI N Rev.Date Rev.DeeMption PROFESSIONAL LAND SURVEYING SERVICES BITE BURVEYING, INC 1304 SUNSET AVENUE, SUITE E Project Number: YORKVILLE,ILLINOIS 60000 QQ PHONE 630-ROZ-1309 FAX 630-1392-15644 2012-0438 5wvcy 1�valid on/y If orlglnd xd 1,-,hmn In rekA July 18, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Swanson Lane Estates United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble, We are in receipt of the revised Plat of Vacation prepared by Todd Surveying for the above referenced project. Our review of these plans is to generally determine the plan's compliance with United City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. All comments from our July 9, 2012 review letter have been satisfactorily addressed. If you have any questions or require additional information please call our office. Respectfully submitted, ENGINEEFM.G ENTERPRISES, INC. Bradley P. anderson, P.E. Vice President BPS/jam PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Ms. Dee Weinert, Building Department Administrative Assistant Mr. Gary Ciampi, Michael Vincent Homes JWF, EEI \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2012\YO1226-DG Swanson Lane Estates\Docs\lcofy-plat review02.doc Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • 200700001156 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL. ANDERSON STATE OF ILLINOIS ) 01-10-2007 At 09:45 am, ) ss ORDINANCE 83.00 COUNTY OF KENDALL ) RHSP Surcharge 10.01i ORDINANCE NO. 2005- y a AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF SWANSON LANE ESTATES WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS,the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE _t _ JOSEPH BESCO _ VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this l0 Day of 'C"��, A.D. 2005. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this l2._ day of A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF SWANSON LANE ESTATES This Annexation and Planned Unit Development Agreement (hereinafter "Agreement"), is made and entered into this IC day of May, 2005 by and between the UNITED CITY OF YORK.VILLE, a municipal corporation, hereinafter referred to as CITY, and Gordon and Marcia Swanson hereinafter referred to as "OWNER/DEVELOPER. " WITNESSETH: WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 14.96 acres, more or less (hereinafter "PROPERTY"); and which is depicted in the Final/Prelinunary Plat of Planned Unit Development (the "Final Plat") which is attached hereto and incorporated herein as Exhibit "B," and WHEREAS, the PROPERTY is contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; WHEREAS, a portion of the PROPERTY is classified as flood plain; and WHEREAS, the CITY and OWNEWDEVELOPER agree said Planned Unit Development as shown on the Final Plat consisting of a 6 lot subdivision with the Estate Class One Zoning Use shall be exclusively for a residential subdivision; and WHEREAS, it is the desire of CITY and OWNERIDEVELOPER to annex the PROPERTY and provide for the orderly development of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and to provide rezoning to a Estate Class One Zoning Use; and WHEREAS, it is the desire of the CITY and OWNERIDEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such Agreement; and 1 WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY and rezoning of the PROPERTY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to this Agreement all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon execution the this Agreement the subject PROPERTY shall be designated a Planned Unit Development with an Estate Class One Zoning Use; and WHEREAS, the OWNER/DEVELOPER agrees to make landscaping improvements consistent with the Landscaping Plan prepared by Don Halanika and Associates which is attached hereto as Exhibit "C" (the "Final Landscaping Plan"); and WHEREAS, the OWNER/DEVELOPER agrees to make certain engineering improvements consistent with the engineering plans prepared by Landmark Consulting, P.C. attached hereto as Exhibit "D" (the "Final Engineering," and together with the Final Plat and the Final Landscaping Plan, the "Final Plans"). WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and other documents that are necessary to accomplish the annexation and rezoning of the PROPERTY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: A. That the PROPERTY shall be annexed to the CITY and that the development of said property shall be consistent with the terms of this Agreement including the Final Plans. OWNER/DEVELOPER shall pay the fees set forth on Exhibit E. As a condition of approval of this Agreement and the recording of the Final Plat, OWNER/DEVELOPER shall permit the CITY Building and Zoning Department to inspect the PROPERTY to determine the improvements to be completed. B. OWNER/DEVELOPER, except to the extent varied by this Agreement, including the Exhibits hereto, agree that PROPERTY's development shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time of execution of this Agreement. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review 2 Fees Ordinance, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development as set forth herein or as provided in the Ordinances in effect at the time of execution of the Agreement. Purchasers of individual lots with the Planned Unit Development, however, will be bound by changes in building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. The City agrees that should the United City of Yorkville revise, alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction from the standard as of the date of this Agreement, the City will allow the OWNER/DEVELOPER to comply with reduced standard. C. Utilities and Public Improvements. That on-site infrastructure construction and engineering within the Planned Unit Development shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control, to wit: 1 . Roadway right-of -ways, widths of streets, and roadway construction standards shall comply with the requirements as set out on the Final Plans including specifically (but not to limit the totality of items shown on the Final Plat and Final Engineering) the following: ---Swanson Lane shall be a private road, and therefore lots shall not be required to abut a "public street"; ---The width of Swanson Lane will be narrower than required by City Ordinance; ---Swanson Lane shall not have sidewalks, or a paved trail; and ---Boomer Road shall be narrower than required by City Ordinance. Notwithstanding the foregoing, OWNER/DEVELOPER agrees that the CITY shall insepect the condition of Boomer Road at the time that the water main serving the PROPERTY is installed across and under Boomer Road. In the event that the CITY reasonably determines that Boomer Road does not have an adequate base, OWNER/DEVELOPER shall make additional improvements to the Roadway, including widening it to twenty (20) feet. To provide for the maintenance of Swanson Lane, the OWNERMEVELOPER shall record a Declaration of Covenants encumbering each lot with the financial obligation to maintain the entire road (both jointly and severally) and the Declaration will further provide that the Homeowners will agree to enter into a Special Service Area Agreement in a form acceptable to the City in the event that the Homeowner's Association fails to maintain the roadway. 2. SANITARY SEWER FACILITIES : OWNER/DEVELOPER shall not be required to connect to the sanitary sewer system adjacent to the PROPERTY, and shall be permitted to use septic fields or mechanical sewer systems for each residence upon engineering for same on a lot by lot analysis according to best standards for such systems, and giving primary consideration to the close proximity of Blackberry Creek for each system, and upon obtaining a license for each system from the Kendall County Health Department. OWNER/DEVELOPER acknowledges that CITY cannot issue a building permit until 3 a copy of the Kendall County Health Department permit is tendered. OWNER/DEVELOPER is hereby made responsible for notifying subsequent lot owners of this requirement. 3 . hl the event the CITY requires OWNER/DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any over sizing. 4. CITY acknowledges that no storm water detention will be required because sufficient open space and vegetation exist (or will be added pursuant to the Landscaping Plan) so that no detention facility shall be necessary. OWNER/DEVELOPER will conform with the landscape maintenance guidelines attached hereto as Exhibit F. 5. That off-site improvements for the provision of water and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from Kendall Township, Kendall County, and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER. 7. Easements will be dedicated as shown on the Final Plat and Final Engineering and will vary from the subdivision code for lots bordering Blackberry Creek. The Swanson Lane ingress/egress easement shall also include additional easements for the installation and maintenance of public utilities. 8 . As depicted on the Final Plat, a Floodplain Management and Conservation Easement (the "Conservation Easement") will be dedicate on a portion of the PROPERTY. Development and construction of improvements within the Conservation Easement will prohibited as set for on the Final Plat. The Declaration of Covenants shall provide that the individual lot owners shall each have the rights to enforce the restrictions. In addition OWNER/DEVELOPER shall enter into an agreement with an independent third-party who will be granted enforcement rights. Such agreement will also provide that the third-party will do maintenance and preservation activities within the Conservation Easement. OWNER/DEVELOPER will obtain the consent of the CITY to any proposed third-party. The CITY bereby 4 consents to the OWNEWDEVELOPER entering into an agreement with either the Conservation Foundation or the Kendall County Forest Preserve District. D, Zoning 1 . Setbacks will be as shown on the Final Plat. 1 OWNER/DEVELOPER shall be allowed a maximum height of 35' which is in variance with the City ordinance which limits building height to 25 '. The additional height is consistent with the luxury homes which will be built on the site pursuant to the subdivision covenants which require a minimum home size of 2,500 square feet. E. The Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial conformance with the Final Plans. Deviations from the characteristics of the Final Plat shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of the Final Engineering. The OWNER/DEVELOPER agrees that prior to the issuance of any building permit the site will conform to the CITY Landscape Plan and the CITY's Landscape Ordinance, except that no trees shall be required because of the heavily wooded nature of the PROPERTY. F. Approval of Final Plans. The Final Plans are hereby approved. OWNER/DEVELOPER shall cause the Final Plat to be duly recorded with the Kendall County Recorder's Office provided OWNERIDEVELOPER complies with applicable CITY regulations pertaining to (i) the payment of applicable fees to the CITY as provided for in this Agreement and (ii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. G. AMENDMENTS TO ORDINANCES_ All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of ten (10) years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout the City . Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said ten (10) year period. After said ten (10) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non- conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any 5 superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. H. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER' s completion thereof in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans. I. GENERAL PROVISIONS . Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER/DEVELOPER. and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER/DEVELOPER and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER/DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. Notices. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 6 800 Game Farm Road Yorkville, IL 60560 With a Copy to: United City of Yorkville' s Attorney .Jolm ,Justin Wyeth Wyeth, Heitz & Bromberek 300 East Fifth Avenue, Suite 380 Naperville, IL 60560 If to the DEVELOPER/ OWNER: Gordon and Marcia Swanson Or to such other addresses as any party may from time to time designate in a written notice to the other parties. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5111 - 15. 1 -1 , et seq. , Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER/DEVELOPER. shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not affected by such Agreement. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNEWDEVELOPER to sell or convey all or any portion of the Subject Property, whether unproved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER/DEVELOPER, and their successors 7 or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement. The term of this Agreement shall be for ten (10) years. In the event construction is commenced adthin said five year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement.. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at the expense of OWNER/DEVELOPER. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits. Nothing contained herein shall effect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the OWNER/DEVELOPER, including, but not limited to, county, state or federal regulatory bodies. A IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this 1—day of May, 2005. UNITED CITY OF YORKVILL,E, Kendall County, Illinois By: MAYOR. �L)CITY LERK OWNER/DEVELOPER By; f�i2 OFFICIAL SEAL ANNETfE WILLIAMS NOTARY PUBLIC-STATE OF ILLINOIS Attest: MY COMMISSION EXPIRES:12A3108 raw d�X Dated: //13%6 EXHIBITA Legal Description EXHIBIT B Final Plat EXHIBIT C Final Landscaping Plans EXHIBIT D Final Engineering // EXHIBIT E Statement of FeesV EXHIBIT F Landscape Maintenance Guidelinesw 0 i9 2004 10 : 43RM City of Yorkville 630 - 553 - 7575 P , 3 Exhibit A sI � -n2t9on THAT PART OF THE NORTH HALF' OF SECTION 21 , TOWNSHIP 37 NOR EAST OF T THIRD PRINCIl'AL MERIDIAN DESCRIBED AS FOLLOWS:$GINNING AT A POINT ON THE ORIGINAL, CE STATION ROAD AT THE NORTHWE3TT� LINE OF THE BRISTOL AND BRISTOL SUBDIVISION ACCORDING TO MOST CORNER OF ]BLACKBERRY CREEK 1988 AS DOCUMENT NO. 885104 PLAT THEREOF RECORD S SECONDS EAST ALONG SAID Op NORTH 06 DEGREES 30 M 00 2 DEGREES 23 MINUTES 10 ENTER LINE, 177.53 FEET; THE THEN NORTH 06 TO A POINT ON SECONDS EAST ALONG SAID ENTER LIlVE, NOR FEET KENDALL COUNTY SOUTH LINE OF "BLACKBERRY C NORTH 85 DEGREES ujANOIS" SUBDIVISION, EXTENDED NORTH, YORKVILLE, 11TNUTES 37 SECONDS EAST ALONG SSASQ�'SCE A DISTANCE OF 260. 19 FEET; THENCE SOUTH 06 DEGREES 23 WEST, PARALLEL WITH THE OR C MATES 10 SECONDS BRISTOL STATION ROAD, 208.30 FEET L� OF THE BRISTOL AND 03 SECONDS EAST, 225.40 FEET; THENCE NOR CS 6 DE 86 DEGREES 30 MINUTES SECONDS EAST, PARALLEL DEGREES 23 TO SAID SOUTH LINE OF BLACKBERRY NORTH' A DISTANCMINUTES 1 67 FEET NORTH 85 DEGREES 39 37 SECONDS URDIMION 39 DEGREES 28 DES 49 SECONDS THENCE DEGREES 45 Ib1DES 38 SECONDS EAST, 594.27 FEET- 14 TI FEET, THENCE 77OUTH JTES 22 SECONDS WEST, 44: FEET TOO TBE NOR FEET; THENCE SOUTH 12 DEGREES BLACKBERRY�S�K SUBDIVISION SOUTH 42 THERLY LINE OF SAID D ALONG SAID NORTHER�L CE SO DEGREE 46 MINUTES 03 EGRESS SS MINUTES .57 SECONDS WEST r•nv>:' 186.00 FEET; THENCE NORTH 83 FEET; THENCE NORTH 28 DEGREES OS `LONG SAID NORTHERLY LINE 127.0 56 SECONDS SECOND NORTHERLY LINE, 18 G FEET; THENCE MINUTES 89 DEGREES 30 ST ALONG SAID SECONDS WEST ALONG SAID NOR MINUTES 45 DEGREES 04 MINUTES 46 SECONDS WESTY Lam' 348.00 FEET, THENCE SOUTH 55 FEET; THENCE SOUTH 50 DEGREES 16 ALONG SAID NORTHERLY LINE, 508.00 NORTHERLY LINE 211 .00 FEETU7 ES 57 SECONDS WEST ALONG SAID SECONDS WEST ALONG SAID NORT�THERLYL LINE X2DEGREES T TO BEGINNING IN BRISTOL TOWN TIE p�Og�OF CONTAINING 13.752 ACRES. 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Q 1 E� a xl! 5z kIg'7P � no t s9 Pe 3 p 24� S'i yi w ` , ldaea $ k3➢ 2g19 '$@ �3a O n z3j r jj �p ePgaH a ,1 lQ � e3 a ha a 5 ff T 1� Z4 ps id jqyfiaR Z p ri § 9� A; FL ae 111 ,' ! ts �� set y § a 54p a o 'r "pd ga &� stl . 3 F i43 °5- , Sail§ l RIa13i� �� S§' I"�*� 3s 1919 °SS�s Upm g$ p PF 1. a. "8P Pe 3a: � 341 � i? �et •!'a��1383 ¢ i `.� � / � j� `a9� Pa � s3, j i3 §d a sx ; 3ad9 °4d „ --.�� r § a�AIR �l' �da ;51 ,j . dl�4 � 1 Ss:isly 54:a , iz?aSfela¢ EXHIBIT E SWANSON LANE ESTATES FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D. $13400 United City of Yorkville Fees 1 . Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Att N / A 3. Water Meter Cost Detached Units $250 Attached Units N / A 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire 1 000 Development Fees Total $2,800 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $3,000.00 School N / A N / A N / A $4,780 Land-Cash Fees Total $0.00 $0.00 $0.00 $73780.48 9. Road Contribution $2,000 10. Weather Warning Siren Fee $75/acre $1 ,098 $75 x 14.645 = $1 ,098 exo COUNTY OF KENDALL ) ) ss. STATE OF ILLINOIS ) SWANSON LANE ESTATES DECLARATION OF PROTECTIVE COVENANTS UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS Conditions, Covenants, Restrictions and Reservations affecting the property of: GORDON R. SWANSON and MARCIA R. SWANSON, Owners and Developers (hereinafter called "Owners/Developers") and all subsequent owners, their successors, heirs and assigns. THIS DECLARATION, made this 14th day of February, 2006, by Owners/Developers GORDON R. SWANSON and MARCIA R. SWANSON of the subject property; known as "SWANSON LANE ESTATES". WITNESSETH: WHEREAS, GORDON R. SWANSON and MARCIA R. SWANSON are the Owners/Developers of the real property described in Article I of this Declaration, and are desirous of subjecting said real property to the conditions, covenants, restrictions and reservations herein set forth, each of which is for the benefit of the developer and for said property, and which shall inure against and to the benefit of and pass with said property and each and every parcel thereof. NOW THEREFORE, Owners/Developers hereby declare that the real property described in Article I hereof is, and shall be, held, sold, transferred, conveyed and occupied subject to the conditions, covenants, restrictions, and reservations (hereinafter referred to collectively as "Covenants") herein set forth. ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION The real property which is, and shall be held, sold, transferred, conveyed and occupied subject to the Covenants herein contained is located in the Subdivision of SWANSON LANE ESTATES and located in the United City of Yorkville, Kendall County, Illinois, and is more I particularly described as follows: to-wit: Lots 1 , 2, 3, 5 and 6 of S WANSON LANE ESTATES, the United City of Yorkville, Kendall County, Illinois. Further, Lot 4 of Swanson Lane Estates in the United City of Yorkville shall be subject to these covenants and the owner of the same shall sign and acknowledge the same. Additionally, the property owned by Michael Skopec located between Lot 1 and Lot 2 of Swanson Lane Estates shall be subject to and part of these covenants and association as acknowledged by the owner. The physical structures built and existing on Lot 4 and owned by Gordon and Marcia Swanson and the Skopec property are exempted from the requirements of Article IV as they pre-exist the effective date of these Covenants. ARTICLE II GENERAL PURPOSES OF THIS DECLARATION The real property in Article I hereof is subject to the covenants hereby declared to insure proper use and development of the subject property; to recoup advanced development costs; and to protect the owners of property herein against such use of surrounding lots as may depreciate the value of their property; in general to preserve the general welfare, health, safety and desirability of the land as a residential area. ARTICLE III DEFINITIONS The following words when used in this Declaration shall have the following meanings: I . ASSOCIATION: The Homeowner's Association for SWANSON LANE ESTATES, an Illinois not for profit corporation created and incorporated by the Declarants, or such other name as may be selected by the Declarants. A Homeowner's Association shall be set up with full powers to assess cost, fees, and dues as provided therein under the name "SWANSON LANE ESTATES HOMEOWNER' S ASSOCIATION", which shall encompass all dwelling units within the Subdivision being developed therein. 2. BASEMENT: A portion of a Dwelling Unit in which not less than two-thirds (2/3) of its floor to clear ceiling height is below the average grade of the adjoining ground at the front elevation. 3 . BOARD: The Board of Directors of the Association. 4. BUILDING: Any roofed structure intended for shelter, housing_, or enclosure of any person, animal or chattel. 5 . COMMITTEE: The Architectural Control Committee described in Article VI hereof. 2 6 . COUNTY: The County of Kendall, a body politic of the State of Illinois. 7. CITY: The United City of Yorkville, a body politic of the State of Illinois. 8 . DECLARANTS : GORDON R. SWANSON and MARCIA R. SWANSON as "Owners/Developers". 9. DECLARATION: This Declaration of Covenants, Conditions and Restrictions. 10. DEVELOPERS : GORDON R. SWANSON and MARCIA R. SWANSON or their successors. 11 . DWELLING UNIT: That portion of a single family dwelling. 12. FINAL PLAT: The final plats of subdivision for SWANSON LANE ESTATES will be recorded with the office of the Kendall County Recorder of Deeds upon passage, signature, and approval by the United City of Yorkville and all applicable governmental bodies. 13 . IMPROVEMENTS : The buildings, outbuildings, roads, driveways, pedestrian walkways, car parking areas, parking areas, outdoor lighting, fences, screening walls and barriers, retaining walls, stairs, decks, windbreaks, hedges, lawns, lakes, sidewalks, planted trees and shrubs, plantings, poles, signs, loading areas, storage areas, service yards, waste refuse disposal areas, and all other structures or landscaping improvements of every type and kind. 14. LIVING SPACE : The total interior square footage of a Dwelling Unit measured on a horizontal plane for each story, calculated by using the outside dimensions of such dwelling unit, exclusive of porches, garages, uninhabitable storage areas and basements. 15 . LOT: A subdivided lot located within the Subject Property as established pursuant to the Final Plat, or any portion of a subdivided lot established by legal division as a part of the Conveyance of a Dwelling Unit. 16. LOT OWNERSHIP : Fee simple ownership of a Lot. 17. MORTGAGE: Either a Mortgage or Deed of Trust creating a lien against a portion of the Property given to secure an obligation of an owner of any portion of the Property. 18 . OCCUPANT: A person or persons, other than owner, in possession of a dwelling unit. 19 . OWNER: A person or persons whose estates or interests, individually or collectively, at any time, constitute an aggregate fee simple ownership in a Lot. The word "Owner" shall also mean and refer to the Declarant as to any lot ownership, where title is held by the Declarant, or its nominee or agent. The word "Owner" shall not, however, notwithstanding any applicable provision of any mortgage, mean or refer to a mortgagee or any persons having interest in any lot ownership merely as security for the performance of an obligation unless and until such mortgagee or other holder of a security interest has acquired title pursuant to 3 foreclosure or by a deed in lieu of foreclosure. The word "Owner" shall include heirs or devises of a record owner who is deceased. 20. PERSON: A natural person, corporation, partnership, trustee or other legal capable of holding legal title to the real estate. 21 . SINGLE FAMILY DWELLING: Any building within the Subject Property consisting of a dwelling. 22. STORY: That portion of a building other than a basement included between a floor and the top surface of the next floor or roof above, except a space used exclusively for the housing of mechanical services of the building shall not be construed to be a story if access to such space may be had only for maintenance and such services. Except as provided for herein, a mezzanine floor shall be counted as a story when it covers over one-third of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty- four (24) feet or more. 23 . STRUCTURE: Anything constructed or erected on a Lot, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. 24. SUBDIVISION PLAT: Any Final Plat of Subdivision of SWANSON LANE ESTATES, recorded in the office of the Recorder of Deeds of Kendall County, Illinois. 25 . SUBJECT PROPERTY: The real estate described in Article I being SWANSON LANE ESTATES. 26. TURNOVER: The date on which control of the Association is transferred from Owners/Developers and a title to Common Areas is transferred to the Association as provided for herein. 27. UNIT EXTERIOR: That portion of a Dwelling Unit consisting of the surfaces of the exterior walls, roofs and components, including without limitation shutters, window trim, siding, brickwork, gutters, fascia, doors, roofing and other elements thereof. 28 . VOTING MEMBERS : The Owner or person designated in writing to vote on behalf of a Lot Ownership pursuant to Section 5 of Article III of this Declaration. ARTICLE IV GENERAL RESTRICTIONS 1 . Land Use and Building Type: All lots covered hereby shall be used for single family, private residential purposes only, unless designated for other purposes on 4 the Final Plat. No gainful occupation or profession, or other non-residential use, shall be conducted on any lot(s) or in any building located on any lot(s). No noxious or offensive activity shall be carried on in or upon any premise, nor shall anything be done thereon which is or may be or become an annoyance or nuisance to the neighborhood. 2. Dwelling Size: All dwelling units constructed in S WANSON LANE ESTATES shall provide at a minimum the following square footage of finished living quarters, (exclusive of basement, garage or patio areas) : (a) One-story dwelling units: 3 ,000 square feet. (b) Two-story dwelling units: 4,000 square feet. (c) No dwelling unit shall exceed a height of thirty-five (35) feet from ground level. 3 . Architectural and Land Use Requirements and Restrictions : (a) Strict architectural controls - no two houses alike. (b) House exterior must be all masonry (brick) or natural stone. (c) No exterior aluminum or vinyl siding permitted; all exterior house design and placement on lot shall be subject to the approval of the Committee prior to construction. (d) Exterior of fireplace chase to be all masonry (brick) or natural stone. (e) No raised basement or split-level dwelling units will be permitted. (f) No three-story dwelling units will be permitted. (g) All dwelling units must have fully excavated basements. (h) Retaining walls, if any, to be approved by the Committee. (i) Lots are to be completely sodded or seeded. Landscaping, excluding sod/seed is required on each lot, along with parkway trees as set forth in subdivision landscape design. Above to lake place within six (6) months of final occupancy; and shall maintain a warranty for replacement of damaged or dead landscaping materials for one ( 1 ) year from the date of installation. (j ) No above ground swimming pools or free standing recreational equipment shall be permitted on any lot. No in-ground swimming pool shall be permitted on any lot except where adequate provisions have been made to prevent the same from becoming a hazard to the neighborhood. Any structure used to enclose any pool shall conform to the general restrictions, herein, applicable to the architecture of the main residence. No swimming pool shall be permitted without prior approval of the Committee. The construction of a swimming pool, as provided for herein, shall qualify as an exception to the total number of structures permitted on a lot under these Covenants. Owners/Developers shall not be liable for any injuries as a result of swimming pools located on any individual lot in said subdivision, nor shall the Owners/Developers of said subdivision be responsible for the failure of any subsequent owners of said land to take proper safety 5 precautions in preventing injury as to any swimming pool contained on any lot in said subdivision. (k) All fences must be approved by the Committee. No chain link, stockade or cyclone fences will be permitted. No full perimeter fencing will be permitted. (1) No recreational vehicles, trailers, boats, tractors, trucks, motorcycles, mobile homes, or other vehicles of any type whatsoever are to be parked, stored, or left unattended, permanently, or temporarily, on any of the lots, except in the garages on the lots; provided that the operable automobiles being used by the owners, occupants, and their invitees of the lots may be parked in the subdivision. (m) No commercial vehicles shall be parked habitually within the subdivision. "Commercial vehicles" shall include all forms of transportation which bear signs, or have printed on the same, reference to any commercial undertaking or enterprise. Habitually parked for purposes of these restrictions shall be defined as parked in said subdivision, not with a garage location thereon, for a period in excess of three (3) consecutive days. (n) No signs of any kind shall be displayed to the public view on any lot except (a) one sign of not more than two (2) square feet advertising the property for sale or such other dimension approved by the Committee, and (b) any and all signs used by Owners/Developers' Agent in connection with developing and advertising lots in SWANSON LANE ESTATES for sale. (o) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. The maximum number of pets per household shall be limited to two (2). No household pets of any type whatsoever shall be kept, maintained, or housed anywhere on any of the lots except inside the dwelling. (p) No weeds, underbrush or unsightly growths shall be permitted to grow or remain upon any of the lots, except in areas subject to the Conservation Easement. In the event the lot is purchased and not built upon, the owner must keep said lot mowed so that grass and weeds do not exceed six (6) inches at any given time. Trash, garbage or other waste material shall be kept in sanitary containers which must be properly maintained. No trash, garbage or other waste containers shall be stored, kept or maintained anywhere except within the dwelling or the garages on each of the lots, except on such days as such trash is to be collected and removed. (q) No exterior television antennas, radio antennas, or lights of any type whatsoever shall be erected or installed and maintained, temporarily or permanently, except such antennas or lights which shall be erected or installed as approved by the Committee. Satellite dishes attached to the dwelling must be attached at the rear, for minimal visibility from the street. All television satellite dishes and their location must be approved by the Committee prior to installation. All approvals shall be in writing. (r) All exterior lighting must be approved by the Committee. All approvals shall be in writing. 6 4. Easements : (a) Each of said lots in said subdivision is subject to permanent easements for installations and maintenance of utilities and for drainage facilities, and the same are reserved as shown, or otherwise noted, on the recorded plat. Within such easement, no structures, buildings, planting or other material shall be erected, planted or stored where the same may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in said easements. The easement area in each lot shall be maintained by the owner of said lot except for such improvements installed and maintained by public authority or a public utility. (b) No builder or owner shall in any way allow or do any filling or alteration of the drainage easements shown on the plat recorded of said subdivision, nor shall any structure be built thereon. (c) No owner or occupant or their agents and employees shall alter, modify, fill-in or otherwise change the detention and retention areas indicated on the Final Plat of Subdivision, without prior written consent of the United City of Yorkville. (d) No owner or occupant or their agents and employees shall modify the terrain, plantings, or live trees within areas of the Subdivision impressed and subject to the Conservation Easement without prior written consent of the Homeowner's Association, and the consent of the Kendall County Forest Preserve as the enforcement agency on said Conservation Easement. 5 . Utilities`. Any utility lines on property shall be installed underground. 6. Temporary Structures : No structure of a temporary character, trailer, incomplete building, tent, shack, garage, barn, basement or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. Temporary buildings or structures used in the construction of any dwelling shall be removed immediately upon the completion of such construction. 7. Garages and Driveways: Access driveways and other areas for vehicular use shall be erected and maintained on every lot. Entrances for each driveway shall be located where shown on the final engineering of the subdivision and subject to written approval by the Committee, and subject to approval by the Kendall County Highway Department. Each lot shall contain at least one attached enclosed garage with not less than three (3) parking spaces therein. Adequate off-street parking spaces shall be provided by the owner of each individual lot to avoid any habitual use of on-street parking, but shall not count toward fulfilling the off-street parking requirements as stipulated in the United City of Yorkville Zoning Ordinance. Said driveway approach and driveway shall be paved, bricked, or surfaced with asphalt, concrete or paving block in such manner as to prevent erosion. All plans and specifications for driveways, parking areas, culverts and pavement edging or 7 markers must be approved in writing by the Architectural Control Committee. A hard surface driveway of asphalt, concrete, brick or paver block shall be installed by the builder or homeowner within one ( 1 ) year of the date of the first occupancy permit being issued for each lot, at the expense of each respective homeowner. 8 . Outbuildings: No detached outbuildings may be erected on any of the lots. 9. Plant Diseases or Noxious Insects: No plants or seeds, or other things or conditions harboring or breeding infectious plants, plant diseases or noxious insects shall be introduced upon any lot or portion thereof. Owner of an unoccupied lot must keep said lot mowed so that grass and weeds do not exceed six (6) inches at any given time. If said lot is not mowed, either the Developer or the Homeowner' s Association may obtain the services of a mowing contractor at lot owner' s expense. 10 . Garbage and Refuse Disposal: Garbage or refuse shall be kept in sanitary containers and stored within the garage or dwelling except on designated days for garbage removal. Garbage or refuse shall not be allowed to accumulate and shall be regularly removed from the property. 11 . Occupancy: No dwelling may be occupied until the exterior thereof shall have been completely finished, including paint or equivalent type of coating on all exterior paintable or coatable surfaces. Driveway approaches and driveways must also be complete at such time. These provisions may be waived at the discretion of the Architectural Control Committee. Occupancy shall further be subject to the issuance of a final Occupancy Permit by the United City of Yorkville. 11 Upkeep and Repair: Each lot and each structure on said lot shall at all times be kept up and maintained in good condition and repair. The Association may seek Injunctive Relief and . recovery of Attorney' s costs to enforce any Covenants contained herein from a defaulting lot owner or occupant thereof. ARTICLE V SANITARY WASTE DISPOSAL SYSTEM INDIVIDUAL SEWAGE DISPOSAL AND TREATMENT SYSTEM I . The owner of each lot on which a dwelling is constructed is responsible, at his own expense, for his own sewage treatment disposal system, which must conform in every detail and construction to the applicable standards of the "Private Sewage Disposal Licensing Act and Code", State of Illinois Department of Health, 1974, or the latest revision thereof. The work and construction shall also conform to the applicable Kendall County Health Department regulations. 2 . Only mechanical jet septic systems with underground lateral fields will be permitted. Each individual sewage disposal system shall be installed by a 8 contractor properly licensed in accordance with state and county standards, and inspected and serviced at intervals provided and required by applicable state and county statutes, ordinances and regulations. Each owner who uses a mechanical septic system shall have in full force and effect at all times, a service agreement with a reputable company providing for the proper and required servicing and maintenance of such system. And each such owner shall insure that the mechanical septic system is in good working order at all times. The Owners/Developers or Homeowner' s Association may take action to secure the services of a contractor to bring any septic system in compliance with the Illinois Public Health Code and Ordinances of the United City of Yorkville, if found to be in violation. Any costs incurred, plus interest at 9% per annum may be charged against the subject property, or a lien filed in favor of Owners/Developers for the cost of recovery thereof. ARTICLE VI ARCHITECTURAL CONTROL COMMITTEE 1 . -FJpe^ sale ;°r,Theie is hereby created an Architectural Control Committee, consisting of three (3) persons. Control of the Architectural Control Committee shall immediately vest in the association. .- 11"A"llq 111e A ight to e :QwReFs/Dp Plopers, and their s ,r • Bd Rssigfis by •ty t OiAinp"Meyei rers' right in appoint ond thg FARM - Gfs- - efH G m ttee Shall ceasE Lipn[3_tl]P�1rl�?r of the fnI1 �L_�(a) mn calP of caventy f__i�_(75° ) ��i/ ton; or o Wleffse (3) ygars f tLe di r f i;cGoi;dips thpga coltepantg Not 1A rh 4a]44i .� r -(iii-he—cigb�te apgP nt the mPmher¢ of tht' Arrh 1 r i r" �t-� � (' - -mot*°� ei er 2 . No improvement shall be constructed or placed on any Lot until final plans and specifications showing the site plan, all improvements, all permanent signs, all exterior elevations with materials and colors therefore, and all sidewalks, trees and landscaping on the lot and the adjacent parkway, shall have been submitted to and approved in writing by the Committee. Such final plans and specifications shall be submitted in writing in triplicate over the authorized signature of the Owner of the Lot. Changes in approved plans and specifications, or subsequent alterations, which materially affect building size, placement or external appearance must be similarly submitted to and approved by the Committee. No lot owner, developer, or contractor of a lot owner shall seek the issuance of a United City of Yorkville Building Permit without an Architectural and Site Approval Letter from the Committee authorizing the issuance of a building permit based upon compliance 9 with these Covenants, and approving the site plan as to location of the proposed house, septic site, utility connections, and driveway location in conformance with all Kendall County and Illinois Public Health Code Regulations. 3 . The Committee shall have the right to disapprove plans and specifications submitted to it in the event the same are not in accordance with this Declaration, or if the plans and specifications submitted are incomplete, or in the event the Committee deems the plans and specifications, or any part thereof, to be contrary to the best interests of the Owners. In this connection, the Committee may base its approval or disapproval on, among other things, the adequacy of lot dimension, conformity and harmony of external design with neighboring structures, relation of topography, grade and finish ground elevation of the lot being improved to that of the neighboring sites, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical, air conditioning and rooftop installations, and conformity of the plans and specifications to the purpose and general plan and intent of the Declaration. The decision of the Committee shall be final, but the Committee shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4. The Committee shall either approve or disapprove within thirty (30) days after the plans, specifications, documents or other requests have been submitted to it. Any disapproval shall set forth the reason for such disapproval. 5 . Upon obtaining the approval of the Committee, the Owners shall, as soon as practical, proceed diligently with the commencement of construction within sixty (60) days after approval of the Plans by the Committee; and completion of all approved construction, placement and alterations within one hundred eighty ( 180) days weather permitting of the start of construction. 6. This Declaration is designed to complement all governmental laws, ordinances, rules and regulations. Where any conflict exists between any provision of the Declaration and any provision of governmental laws, ordinances, rules or regulations, the legally valid provision which contains the most rigid or restrictive requirements for use and development of the property shall control. 7. Neither the Committee, the Owners/Developers nor any member, employee or agent thereof, shall be liable to any Owners, or to anyone submitting plans for approval, or to any person, by reason of good faith exercise ofjudgment or mistake or nonfeasance arising out of or in connection with the approval, disapproval or failure to approve any such plans for any other action in connection with its or their duties hereunder. 10 ARTICLE VII THE ASSOCIATION COVENANTS FOR MAINTENANCE ASSESSMENTS, CREATIONS OF LIENS AND OBLIGATIONS 1 . The Association has been formed for the purpose of, and shall have the power: (a) to provide for the selection of members to serve on the Committee, after the period when the Developers have the right to make such selections; (b) to provide for the enforcement of the provisions of this Declaration; and (c) to pay all taxes and other costs and expenses incident to and insuring the Lot Owners, the Association and its Board against such risks as the Board may in its discretion deem appropriate; and (d) in general to maintain and promote the character of the SWANSON LANE ESTATES . 2. Every Owner of a Lot shall be a member of the Homeowner' s Association. Membership shall be appurtenant to and may not be separated from ownership of any lot. Ownership of a lot shall be the sole qualification for membership. Each lot shall be entitled to one vote only despite multiple ownership of a particular lot. 3 . The Homeowner's Association shall have one class of membership and each member shall have one vote to the number of lots such Owner owns, provided that in no event shall the votes cast with respect to any lot be cast by more than one person. If more than one person is the record owner of any lot, or any Owner is a trustee, corporation, partnership or other legal entity, the votes for such lot, shall be exercised by such person as such owner or Owners of that Lot shall designate. Such designation shall be made in writing to the Board or in such other manner as the Board may determine. 4. The Homeowner's Association shall be governed by a Board of Directors comprised of three (3) persons, or such greater number as may be provided in the By-Laws of the Association, who shall be appointed or elected as provided herein or in such By-Laws. / 5 . Notwithstanding anything in this Declaration or the By-Laws of the Association to q the contrary, the first and each subsequent Board of the Association shall be elected by the members at a meeting called by the President of the Association, -iq-the z40' or by any three (3) members. Such meeting shall be called by notice sent pursuant to the By-Laws of the Association. 6. Neither the directors nor the officers of the Association shall be personally liable to the Owners or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever as such directors or officers except for any acts or omissions found by a court to constitute gross negligence or fraud. The Association shall indemnify and hold harmless the directors and officers, their heirs 11 and legal representatives, against all contractual and other liabilities to others arising out of contracts made by, or other acts of the directors and officers on behalf of, the Owners or the Association or arising out of their status as directors or officers unless any such contract or act shall have been made fraudulently or with gross negligence. The foregoing indemnification against all costs and expenses (including, but not limited to, attorneys' fees, amounts of judgments paid and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative or other, in which any such director or officer may be involved by virtue of being or having been such director or officer; provided, however, that such indemnity shall not be operative with respect to; (a) any matter as to which such person shall have finally been adjudged in such action, suit or proceeding to be 1 iable for gross negligence or fraud in the performance of his duties as such director or officer; or (b) any matter settled or compromised, unless, in the opinion of independent counsel selected by or in a manner determined by the Board, there is not reasonable ground for such person being adjudged liable for gross negligence or fraud in the performance of his duties as such director or officer. 7. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, covenants and agrees to pay to the Association for the purposes stated in Article I, V, VI, VII and VIII annual assessments and special assessments. The annual and special assessments, together with interest, costs and reasonable attorneys' fees in the event of failure of the Owner to pay the assessments as provided for herein, shall be a charge on the land and shall be a continuing lien on the Lot against which each such assessment is made except for those lots owned by Owner/Developers; the Owners/Developers shall not be obligated to pay any such annual or special assessments. 8 . The annual assessment levied by the Association shall be used exclusively for purposes described in this Declaration, reasonable management fees levied thereon, (excluding to Owners/Developers) for lots not built upon by Owners/Developers only, reasonable expenses, including professional or other services incident to the operation and management of the Committee and Association, and for liability insurance for Common Areas. 10. In the event of failure of any Owner to pay any assessment charges, or if Owner is found in breach of any covenant, on or before thirty (30) days following notice to the Owner such assessment or the scheduled due date thereof, if later, then such assessment shall become delinquent and shall bear interest at the rate equal to two percent (2 %) over the prime rate announced by Wall Street Journal, from the due date thereof to the date of payment, not in excess of legally chargeable interest by law and the Association shall have a lien on each Lot against which such assessment is levied to secure payment thereof, plus interest costs and reasonable attorneys' fees. When delinquent, payment of both principal and interest may thereafter be enforced against the Owner personally, or as a lien on said real estate. The Association may, at its discretion, file certificates of nonpayment of 12 assessments in the Office of the Recorder of Deeds whenever any such assessments are delinquent. 11 . Initial Reserve Contribution: The Association hereby assesses an initial contribution of $ 1 ,000.00 per lot at time of execution hereof to establish initial reserve. Said contribution shall be paid in addition to any other cost assessed herein. 12. Any owner, developer, or other party found to be in default hereunder shall be required to reimburse the Association or any other successful moving party for all costs, including reasonable attorney's fees, for reasons of enforcement of any Covenants contained herein. ARTICLE VIII OTHER PROVISIONS 1 . The covenants, conditions and restrictions created by this Declaration shall attach to and run with the Property and shall be binding on every Person, successor, heirs and assigns of each party hereto who may hereafter come into ownership, occupancy or possession of any portion of the Property. This Declaration benefits and burdens only the land described in this Declaration, and there is no intention to benefit any persons other than those having an interest in the Property. The existence of easement rights or covenant benefits in persons not owning land or not having an interest in land shall not confer on any such person any right whatever to enforce the covenants, conditions and restrictions hereby created. 2. This Declaration, any provisions thereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or amended, as to the whole of the Property or any portion thereof by the Board; provided that such change is approved by the Owners of sixty-six percent (66%) or more of the Property. No such termination, extension, modification or amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded in the Office of the Recorder of Deeds of Kendall County, Illinois. Owners/Developers agree that the Covenants shall not be modified without prior approval of the United City of Yorkville, said approval not to be unreasonably withheld as to matters which do not involve public health, or safety. However, the exemption provisions in Article I as relates to Lot 4 and the Skopec Lot and paragraphs I 1 - 14 of Article VIII may not be changed as they affect Lot 4 and the Skopec Lot without the consent of the owners of Lot 4 and/or the Skopec Lot. 13 3 . The results of every action or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance. Every remedy either public or private, available by law or equity against an Owner or occupant of any lot in the Property shall be applicable against such nuisance and may be enforced by the Association or by any Owner. 4. The failure of the Homeowner' s Association or any Owner to enforce any provision herein contained shall in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other provision. 5 . If any Owner defaults by failure to comply with the provisions of this Declaration, the Association may give written notice to the Owner specifying the manner in which the Owner has defaulted. If the Owner does not cure the default within twenty (20) days after notice (or if the default cannot be cured within such twenty (20) day period, if the Owner has not commenced to cure within such period and thereafter diligently proceeds) the Association, or its agents, may enter upon the Lot and do such work as is required to cure the default. Neither the Association nor its agents shall, by reason of entering or performing any work to cure the default, be liable to the Owner for any losses or damages thereby sustained by the Owner or by anyone claiming by or under the Owner. The cost, including reasonable administrative expenses incurred by the Association in order to cure such default, shall be paid for by the Owner. The obligation to pay for such costs shall be a charge on the land and be a continuing lien on the Lot owned by such defaulting Owner. 6. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property, or any right to possess or occupy any premises situated therein, is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired such interest or right. 7 . All covenants, liens, and other provisions herein set forth shall be subject to and subordinate to all mortgages now or hereafter executed, encumbering any of the property, and none of said covenants, liens or other provisions shall supersede or in any way reduce the security or affect the validity of any such mortgage. However, if any portion of the property acquired in lieu of foreclosure, or under the provisions of any deed of trust in the nature of a mortgage, or sold under foreclosure of any mortgage, or under anyjudicial sale, any purchaser at such sale, his or its grantees, heirs, personal representatives, successors or assigns shall hold any such portion of the property subject to all the covenants, liens and other provisions of this Declaration. 14 8. The Committee, by the written consent of all the members thereof, is hereby authorized and empowered to grant reasonable variances from the provisions of this Declaration, or any portion hereof, in order to overcome practical difficulties and to prevent unnecessary hardship in the application of the provisions contained herein; provided, however, that said variances shall not materially injure any of the Property or improvements within the Property, and shall otherwise be subject to all applicable laws, ordinances, rules and regulations of any governmental agency or political subdivision having jurisdiction over the Property. No variance granted pursuant to the authority granted herein shall constitute a waiver of any provision of this Declaration as applied to any other person, owner or site. 9. If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. 10. Each Owner of a Lot in the SWANSON LANE ESTATES shall file the correct mailing address of such Owner with the Homeowner's Association and shall notify the Homeowner' s Association promptly in writing of any subsequent change of address. The Homeowner' s Association shall maintain a file of such addresses and make the same available to appropriate parties. A written or printed notice, deposited in the United States Post Office, postage prepaid, and addressed to any Owner at the last address filed by such Owner with the Association shall be sufficient and proper notice to such Owner wherever notices are required in this Declaration, and shall be deemed delivered three (3) days after mailed. 11 . During the construction and installation of the road, Lot 4 shall be granted a manner of ingress and egress. Should the existing lawn on Lot 4 be damaged during the construction process, the owners of Lots 1 , 2, 3 , 5 and 6 will repair and reseed the same. 12 . The owner of Lot 2 will, in his reasonable discretion, landscape the north- east corner of Lot 2 so as to conceal an existing above ground pool . 13 . Should the owners of Lots 1 , 2, 3 , 5 and 6 enclose the development by fencing or landscaping, the Owner of Lot 4 shall have the right to extend said fencing or landscaping across the east side of Lot 4 at the Owner' s expense. 14 . The Owner of Lot 4 has prepared grading plans for the road and had the same approved by the City of Yorkville. Should the Owner desire to change said grading plans, for drainage purposes, it shall be done at the Owners expense and the Owner' s obligation to obtain approval by the City of Yorkville. 15 ARTICLE IX WATER SUPPLY Each lot owner shall be required to connect to the United City of Yorkville water system. ARTICLE X CITY ORDINANCES 1 . All provisions of the United City of Yorkville Storm Water Control Ordinance shall be complied with and are herein adopted by reference as if more fully set out herein. 2. Each individual lot owner shall pay any land cash contribution and/or school transition and city development fees or other fees imposed by the United City of Yorkville, at the time a building permit is applied for; each lot owner agrees to hold Owners/Developers harmless and indemnifies said Developer for any such fees to be charged. ARTICLE XI GENERAL PROVISIONS 1 . Duration of Declaration: Each of the Covenants set forth herein shall continue and be binding for an initial period of twenty-five years (25) from the date of this Declaration, during which period they may be altered or amended, as provided in Article XI, Section 7, herein, and thereafter for successive periods often years each, but subject to amendment. 2. Applicability of Covenants: The Covenants herein set forth herein shall continue and be binding upon Developers, their successors, grantees, and assigns and all subsequent owners, their successors, grantees, heirs and assigns. Any owner of the above lots shall have the right from time to time, to sue, jointly or severally, to obtain a prohibitive or mandatory injunction to prevent a breach or enforce theobservance of any or all of the covenants contained herein. 3 . Enforcement shall be by proceeding in law or in equity against any persons violating or attempting to violate any covenants either to restrain violation or to recover damages. 4. Invalidation of any one of these covenants by judgment or court shall in nowise effect any of the provision which shall remain in full force and effect. 5 . Duty of Owners/Developers: The duty of the Owners/Developers to enforce any covenant herein contained shall be discretionary, and the Owner/Developer shall incur no liability for failing to 16 o8/ 07 /00 15 : 21 FAX 0/ 002/005 Enforce said covenants. The Owners/Developers may at any time elect to enforce any and all of the covenants hereintofore set out and the failure to enforce any of said covenants at any time shall act as a waiver of the authority granted herein. 6. The Owner/Developers shall incur no liability for the maintenance, design or construction of any home or structure on any lot located within said subdivision. 7. Amendment: This Declaration may be modified so long as three-fourths (3/4) of the owners of real property in S WANSON LANE ESTATES consent thereof in writing, and provided further that such amendment(s) be duly recorded with the recorder of Deeds of Kendall County, Illinois. For the purpose of this provision, each lot shall be entitled to only one vote, whether a lot be owned by one individual or jointly with another. Section 8 of this Declaration shall not be amended without the approval of the City of Yorkville. 8_ It shall be the obligation of the Association to maintain the Conservation Area which is on future Lot 6 (Plat of Survey attached as Exhibit E) in accordance with Bxhibit A, attached hereto in perpetuity. Any costs incurred by the City of Yorkville to enforce the terms of the easement shall be reimbursed by the Association within 60 days of receipt of an invoice. The City of Yorkville may assign its oversight and enforcement rights. The City of Yorkville shall not perform any work without first providing the Association with written notice and a 14-day period to cure the complaints. No modification of said covenants shall be allowed, whether by majority or ana„imnus vote of the homeowner's affected therein, of any drainage easement, Conservation Easement, detention area, condition enforcing upkeep and maintenance of mechanical septic system, or other covenant contained herein which shall affect public health or safety enforcement, without approval of the County of Kendall- IN WITNESS WHEREOF, Owners/Developers have executed the within Declaration the day and year first above written. OWNERS/DEVELOPERS Dated o _ BY: � f' `G y ?'IO%i �G GAG . STEPHEN GARY CIAWL Owner of 60RDON SW SOI T Ov)ner, Lot 4 of Lots 1, 2, 3, 5 & 6 of Swanson Lane Estates Sw on Lane Estates BY: 'C MARCIA SWANSON, Owner Lot 4 of 5wa on Lane Es tct� s Attest Dated: M[CHAE SKOPEC, Owner property between Lot 1 and Lot 2 of Swanson Lane Estates enforce said covenants. The Owners/Developers may at any time elect to enforce any and all of the covenants hereintofore set out, and the failure to enforce any of said covenants at any time shall act as a waiver of the authority granted herein. 6. The Owners/Developers shall incur no liability for the maintenance, design or construction of any home or structure on any lot located within said subdivision. 7. Amendment: This Declaration may be modified so long as three-fourths (3/4) of the owners of real property in SWANSON LANE ESTATES consent thereof in writing, and provided further that such amendment(s) be duly recorded with the Recorder of Deeds of Kendall County, Illinois. For the purpose of this provision, each lot shall be entitled to only one vote, whether a lot be owned by one individual or jointly with another. Section 8 of this Declaration shall not be amended without the approval of the City of Yorkville. . No modification of said cover anTs shall be`allowed;whether ny majorify or unanimous vote of the homeowner's affected therein, of any drainage easement, Conservation Easement, detention area, condition enforcing upkeep and maintenance of mechanical septic system, or other covenant contained herein which shall affect public health or safety enforcement, without approval of the County of Kendall . 8 . It shall be . the obligation of the Association to maintain the Conservation Area in accordance with Exhibit A , attached hereto in perpetuity. Any costs ,ncurr ^t cC ocigition t � c g e�t of thl an nvnt shwll j' n soci ion wi e s ecei o an dnvoice . IN WITNESS wn rs eve opers ave execute the wrt in ec araUOn t e day an year first above written. : **The City of Yorkville may assign its oversight and enforcement rights . OWNERSIDEVELOPERS : Dated : :, elo Dated: 66 r �sanEa c Pi grnvi C v �� c Gordon Swanson, pwner, Lot 4 of Swanson La/nee Estates BY : Marcia Swanson, Owner, Lot 4 of Swanson Lane Estates Attest : Dated : Michael Skopec, owner property bemeen Lot 1 and Lot 2 of Swanson Lane Estates 17 EXHIBIT A CONSERVATION AREA MAINTENANCE AND MANAGEMENT REQUIREMENTS AND GUIDELINES General Notes These criteria are intended to apply to the new seeded areas and flood plain management and conservation easement areas within the Swanson Lane Estates. The purpose is to ensure that the overall design intent for these areas is achieved and maintained, particularly during the initial plant establishment period. The design intent is to provide an aesthetic, healthy, diverse community of native vegetation to meet the objectives of soil stabilization, storm water treatment, and wildlife habitat (where appropriate). Monitoring is required annually for a minimum period of three full growing seasons following planting. The purpose of this plan will be accomplished by the following actions : 1 . Development and implementation of an effective landscape/planting plan. 2. Routine site inspection and monitoring of planting success. 3 . Follow-up repair or re-seeding to meet performance criteria. 4. Routine monitoring and maintenance/remediation. 5 . Preparation of annual report documenting monitoring results and maintenance and remedial activities. In order to maximize the success of native planting:it is critical that, vegetation is selected based on its appropriateness to the expected soils and hydro logic regime, or wetness. Performance Criteria The project goal is to establish native landscapes that are functional, aesthetic, and cost-effective. The performance criteria for such landscapes need not be as rigorous as for federally authorized wetland mitigation projects or ecological restoration projects. In the seeded areas any erosion will be noted qualitatively during each site inspection. If rills or gullies are forming, or if a significant accumulation of sediment is collecting at the toe of the slope, remedial measures will be implemented immediately. If erosion is a problem, recommended management practices, such as spot dressing/repair, light mulching, and over- seeding shall be required. The success of natural landscaping in meeting the stated objectives can be affected by the appropriateness of the plan species selected, the quality of the seeds, and the adequacy of early maintenance. The success of the project will be formally evaluated by the following vegetation performance standards monitored over time. I " season: By the end of the first full growing season, the planted areas should have complete vegetation cover. No greater than 1 (one) square meter shall be devoid of vegetation. If, by the end of the first full growing season, the seeded area fails to support the information of sufficient vegetation, then corrective measures to the fundamental design of the area shall be required. 2nd season: During the second growing season, a minimum of 25 percent of the permanent species planted in seed should be evident. If this level of vegetation establishment fails to occur, a determination must be made as to why, and a remedial action plan shall be necessary. Remediation shall include over-seeding of appropriate species. Finally undesirable, invasive plant species shall not be prevalent. Specifically, none of the following shall be among the five most dominant plant species in the overall vegetation cover: Reed Canary Grass (Phalaris arundinacea) Common Reed (Phragmites australis) Purple Loosestrife (Lythrum salicaria) Buckthorn (Rhamnus spp.) Field Thistle (Cirsium arvense) Sweet Clover (Melilotus spp.) Honeysuckle (Lonicera spp.) Multiflora. Rose (Rose multiflora) Box Elder (Acer negundo) Sandbar Willow (Salix interior) Teasel (Dipsacus spp.) 3`d season: At the end of the third full growing season, a minimum of 65 percent of the seeded; permanent species are expected to be established. Commonly, if the planted species are not evident by the end of the third season, the likelihood of subsequent appearance is much reduced. Acceptable species defined as native to the region and not invasive (as listed in the native plant guide), shall provide at least two-thirds of the relative aerial coverage. Also, the five most dominant species of the overall vegetative cover shall not include any of the undesirable species listed above under the 2nd season performance standards. If the identified level of species development fails to occur, a determination must be made as to shy, and a remedial action plant must be prepared and submitted to the United City of Yorkville for approval. The approved remedial plan must be implemented and continued monitoring will be required beyond the third growing season until these performance criteria are met. Monitoring Guidelines The following individual tasks shall be performed to address the various parameters to be monitored. To describe the degree of success of the project, three principal assessment protocols are recommended. ( 1) a floristic inventory of the naturalized detention basins and bioswales to determine the extent to which species planted have become established and the extent of undesirable species; and (2) routine inspections to evaluate soil stability and other maintenance concerns. The two protocols shall be performed annually in late summer (August - September) 2 along with inspections to evaluate erosion and other maintenance concerns. Each protocol shall be performed for a minimum of three full growing seasons. 1 ) Floristic inventory of the seeded area shall determine overall vegetative cover, the total number of seeded species, and the prevalence of undesirable/invasive species, consistent with the specified "Performance Criteria". This inventory is critical to determine where follow-up seeding is needed and to identify, locate and remove undesirable plants on a yearly basis. 2) Routine reconnaissances to evaluate soil stability and other maintenance concerns: notation of areas and type of erosion (e.g. rills, gullies, slumping accumulation) shall be depicted on a site plan. An annual monitoring report will be submitted to the United City of Yorkville. This report will include the following items : A. Data on the status of vegetation, including an assessment of compliance with the performance criteria. B. A description of vegetation, including over-seeding replanting, and control of undesirable species, undertaken during the previous 12 months, and an assessment of their effectiveness in meeting the performance criteria. C. A discussion of erosion control and other maintenance activities undertaken during the previous 12 months. D. A discussion of planned maintenance activities for the coming year. Maintenance and Management Requirements and Guidelines Maintenance activities should be based, in part, on problems identified in the annual monitoring effort. Although specific maintenance and management considerations and performance of the project, standard management protocols should include the following measure. The management guidelines correspond to the initial vegetation establishment period, as well as recommended long-term procedures. I " season: Seeded area will be planted with a combination of native seed. Under normal weather conditions, the seeded plants, depending on the germination and growth characteristics os specific species, may require two or three years to become established. Control of undesirable plant species (as under "Performance Criteria"), shall be completed in a timely manner. Methods of control include hand pulling, mowing, spot herbicide application, or a combination of these methods. The appropriateness of a particular control method depends on the plant species present and their density or prevalence. Hand Pulling can be an effective method to control some undesirable species prior to the 3 development and maturity of the plants. This method is most feasible when plants are present in small quantities. Recognizing that the timing of plant removal can be important in controlling invasive species, hand pulling should include the removal of all aboveground and belowground stems, roots, and flower masses prior to the development of seeds. Care should be taken to disturb as little soils as possible during hand pulling to avoid exposure of additional weed seed in the soil layer. Mowing is a recommended management option to control undesirable upland species, especially if they persist over a large area. Mowing is recommended during the first growing season of approximately a monthly frequency, with the mower set to a height of about 8 inches. Mowing is effective in reducing the shading effect of undesirable species on slow-growing native species and in preventing undesirable spec (e.g. non-native clover) from going to seed. Under certain circumstances, selective herbiciding may be indicated. Systematic herbicides are generally used because they are absorbed through the plant tissues and work their way into the root system, effectively killing the plant. If by the end of the first full growing season there are significant failures in vegetation development such areas should be redesigned and replanted, as appropriate. 2"d season: during the second growing season, the native plant species will continue to develop root systems and it is anticipated that. many native species should be more apparent. Targeted herbiciding, hand pulling, or mowing may treat weed growth in the second season. The appropriate protocol should be determined in the field. 3'd season: by the third growing season, the native grasses, as well as many of the seeded forbs, should be relatively well established. Weed growth should be declining significantly, and control measures should be continued on an as-needed basis. The three (3) year warranty for the operation will be provided by the developer. The warranty period will begin after completion of all of the seeding operation and approval by the City of Yorkville. Prior to approval of the work by the City, the developer shall post an irrevocable letter of credit in favor of the City in the amount of 110% of the construction value of the seeding operation. The developer shall grant the City the right to draw on the security and the right to enter the property to complete the required work outlined in the maintenance and management guidelines. Maintenance including watering, mowing, weed control and burning shall be required to assist the prairie, wet prairie, wet/mesic prairie and the emergent planting in growth until all planting has matured. For three (3) years after initial installation, a minimum of four (4) site visits per year shall be conducted, one each during the months of May, June, July and September. During the site visit, -4- all noxious weeds shall be removed with an herbicide by "wicking application", hand seeding or mowing is appropriate. Any areas that are devoid of vegetation grater than one square yard in an area shall be re-seeded or plugged with temporary and permanent vegetation with species outlined in the original species list. A copy of the IEPA burn permit shall be filed with the City of Yorkville prior to the City issuing approval of the controlled burn. Long-Term Maintenance It is understood that the Swanson Lane Estates Homeowners Association will be the entity responsible for the long-term maintenance. Long-term maintenance should consist primarily of continued maintenance to provide a diverse native plant community; minimize the proliferation of weeds and undesired woody vegetation; minimize erosion of slopes and shorelines, and maintain reasonable creek flow. Long-term maintenance also shall include the removal of unsightly accumulation of trash or debris. -5- 08/ 07/ 08 15 : 21 FAX 0009/003 PLAT OF SURVEY w=N°�.o.X�. ,e,ay.a�mX:o:nr.mm�iae.e. man<i�..R,mnxbe.nXebainvcwanwa:._®saws wx..a.._Xar..aoa IGG f•9 Mii wmm_e:tlry(:iy.(ty_L.aannau.,TYmfMYU:®mXQ,MW. 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KinYile••�'� � � E41Phf ' lS STATE OF ILLINOIS ) )ss COUNTY OF KENDALL. ) RESOLUTION NO. 2005- n U RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR SWANSON LANE ESTATES WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Swanson Lane Estates Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: The Final Plat of Subdivision for the Swanson Lane Estates Subdivision is approved as presented and all appropriate City officials are hereby authorized to execute same subject to staff and legal review and conditioned on adjustments consistent with the staff review. WANDA OHARE JOSEPH BESCO VALERIE BURD _ PAUL JAMES DEAN WOL,FER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this \1 Day of 0 Lki'-� A.D. 2005. v � MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this \ \ day oCp.SC"",:tt. A.D. 2005. (� ATTEST: t— ! CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Old Second Old Second Bank-Kane County October 31, 2006 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Subdivision Name: Swanson Lane States, Yorkville, IL Irrevocable Letter of Credit No. 361000500 For the Account of: Stephen G. Ciampi Amount: $188, 884.85 Date: October 31, 2006 Gentlemen: The undersigned, Old Second Bank—Kane County, (Bank),by Edward Klemm, Vice President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville (Cit}),in the amount of$188,884.85, which represents 110% of the cost of the public improvements described herein. Such Irrevocable Letter of Credit is available to be drawn upon by said City upon presentation to this Bank, at 37 S. River St., Aurora, IL 60506, Attn: Loan Servicing, of your demand for payment accompanied by the original of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is issued for the purpose of securing and paying for the installment of the following public improvements in the aforesaid subdivision: Division "A"—Earthwork and Erosion Control (engineer's estimate=$ 2,612.5 0 Division "B" - Water Main (engineer's estimate= $ 78,575.00 ) Division "C" - Storm Sewer (engineer's estimate =$ 4,380.00) Division "D" - Pavement (engineer's estimate= $ 68,726.00 1 749 N.Main St.,Elburn,IL 60119-8018,630-365-6401 •40W422 Route 64,Wasco,IL 60183-0420,630-513-7774 1100 S.County Line Rd.,Maple Park,IL 60151-0218,815-827-3251•2S101 Harter Rd.,Kaneville,IL 60144-0090,630-557-2828 194 S.Main St.,Burlington,IL 60109-0307,847-683-3555•1810 DeKalb Ave.,Sycamore,IL 60178-3106,815-895-2377 1000A S.State St.,Hampshire,IL 60140-0489,847-683-0050 www.o2bancorp.com Member FDIC LENDER Irrevocable Letter of Credit No. 361000500 Steven G. Ciampi Page 2 Division "E"—Landscape Improvements (engineefs estimate= $ 14,500.00) Division "F"—NEsc. Improvements (engineer's estimate= $ 2,92 0.00 Total Engineer's Estimate= $ 171,713.50 The costs of the foregoing public improvements are detailed in the Engineer's Estimate of Cost prepared 06/28/05 and revised 09/13/06 by Kenneth R. Woods, Professional Engineer, and accepted and amended 10/17/06 by Joe Wywrot, City Engineer of the City of Yorkville, and attached as Exhibit A. The subdivision is legally described on attached Exhibit B. Said public improvements shall be constructed by Stephen G. Ciampi, (our`Customef'and `Ownef),in accordance with the plans, specifications, completion schedules and cost estimates prepared by Kenneth R. Woods, Professional Engineer. The Bank agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimates for said modifications. This Irrevocable Letter of Credit shall expired on October 31, 2007,provided, however, the Bank shall notify the City Clerk,by certified or registered main, return receipt request, or by overnight delivery, at least ninety(90) days prior to said expiration date, that this Irrevocable Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the Bank that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until October 31, 2007, without regard to any default in payment of money owed to the Bank by our Customer and without regard to other claims which the Bank may have against our Customer, and in no event shall terminate without notice as specified above. This Irrevocable Letter of Credit may be renewed by the Bank by submitting a new Irrevocable Letter of Credit in the same form and substance as this Irrevocable Letter of Credit to the City Clerk in an amount equal to 110% or the estimated cost to complete and pay for the above described public improvements. Irrevocable Letter of Credit No. 361000500 Steven G. Ciampi Page 3 It is agreed that the following shall be considered a default by our customer and shall entitle the City of make demand on this Irrevocable Letter of Credit: 1. that this Irrevocable Letter of Credit will expire within thirty(30) days and has not been renewed; or 2. that the aforesaid public improvements have not been completed by the Owner at least thirty days prior to the aforesaid expiration date; or 3. that the Owner has failed to complete or carry on the work of the installation and construction of the required public improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed fore public improvements to service them are available; or 4. that the City has determined that the Owner has demonstrated that they will be unable to complete the public improvements; or 5. that the City has determined that the public improvements covered by this Irrevocable Letter of Credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors, or third parties; or 6. that if more funds are disbursed at this time on order of the Owner and insufficient funds will remain irrevocably committed to guarantee the completion of all public improvements, and such certification indicates that the Owner has been notified that the City finds that a breach of the Owners obligation has occurred and has not been cured within a period of thirty(30) days. The BanWs obligation to the City is based solely on the Irrevocable Letter of Credit engagement between the Bank and the City and is not subject to instruction from our Customer. It is recognized that the City has directed our Customer to proceed with the construction of public improvements upon the guarantee of this Irrevocable Letter of Credit. It is further acknowledged that the consideration for this Irrevocable Letter of Credit is provided by agreements between this Bank and our Customer. This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Bank and the City, and such undertakings shall not in any way be modified, amended, amplified,nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. Demand on this Irrevocable Letter of Credit shall be made by presenting the Bank with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk certifying the basis for the default and demand on this Irrevocable Letter of Credit. Irrevocable Letter of Credit No. 361000500 Steven G. Ciampi Page 4 The Bank agrees that this Irrevocable Letter of Credit shall not be reduced or discharged except upon receipt of a certificate from the City Clerk, certifying that this Irrevocable Letter of Credit may be reduced. The outstanding balance of this Irrevocable Letter of Credit shall be the face amount of this Irrevocable Letter of Credit less any amount which is discharged upon certification of the City Clerk; provided, however, the outstanding balance of this Irrevocable Letter of Credit shall not be reduced to less than 15% of the approved engineers estimate upon which this Irrevocable Letter of Credit is based until the City Council of the City of Yorkville accepts the aforementioned public improvements and a certificate of the City Clerk certifying that the Irrevocable Letter of Credit has been released by the City Council of the City of Yorkville. In respect to the written certification above, the Bank is authorized to accept the certification as binding and correct without investigation or responsibility for the accuracy, veracity, correctness or validity of the same or any part thereof. All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The Bank further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Irrevocable Letter of Credit in accordance with its'terms. We hereby engage with you that all demands for payment made in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500. 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W W W N — En s -' U) N O O O -� O 11 cn � O p pNp O O O O O O J 0 — O M1 Ej 0 0 0 0 0 0 CD 0 C, 0n 0 0 0 O O o 0 0 0 6 O N fA Cr, O 0 0 0 0 0 0 0 0 0 0 0 0 0 O C) O O O O 0 0 0 O O O 0 0 0 0 0 0 0 O O r y CD i �rH z J l� G Exhibit B PARCEL ONE: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERN MOST CORNER OF BLACKBERRY CREEK SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID OLD CENTER LINE, 177.53 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 190.73 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST, A DISTANCE OF 224.13 FEET TO A POINT ON THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, RECORDED AUGUST 31, 1994 AS DOCUMENT NO. 9408706, EXTENDED WESTERLY; THENCE NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 260.19 FEET; THENCE SOUTH 06 DEGREES 23 MINUTES 10 SECONDS WEST, PARALLEL WITH THE ORIGINAL CENTERLINE OF THE BRISTOL AND BRISTOL STATION ROAD, A DISTANCE OF 241.63 FEET; THENCE NORTH 87 DEGREES 17 MINUTES 51 SECONDS WEST A DISTANCE OF 106.99 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF SOUTH 85 DEGREES 43 MINUTES 40 SECONDS WEST, A CHORD DISTANCE OF 72.86 FEET AND AN ARC LENGTH OF 73.04 FEET; THENCE ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 225.00 FEET, A CHORD BEARING OF SOUTH 87 DEGREES 33 MINUTES 11 SECONDS WEST,A CHORD DISTANCE OF 68.84 FEET AND AN ARC LENGTH OF 69.12 FEET; THENCE NORTH 83 DEGREES 36 MINUTES 50 SECONDS WEST, A DISTANCE OF 9.25 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERN MOST CORNER OF BLACKBERRY CREEK SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID OLD CENTER LINE, A DISTANCE OF 177.53 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 414.86 FEET TO A POINT ON THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, RECORDED AUGUST 31, 1994 AS DOCUMENT NO. 9408706, EXTENDED WESTERLY; THENCE NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST ALONG SAID SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, A DISTANCE OF 486.20 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST A DISTANCE OF 260.68 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 49 SECONDS WEST A DISTANCE OF 210.58 FEET; THENCE SOUTH 08 DEGREES 33 MINUTES 39 SECONDS EAST A DISTANCE OF 13.96 FEET; THENCE ALONG A CURVE TO THE RIGHT, NOT TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF SOUTH 74 DEGREES 57 MINUTES 11 SECONDS WEST, A CHORD DISTANCE OF 134.76 FEET AND AN ARC LENGTH OF 135.92 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 600.00 FEET, A CHORD BEARING OF SOUTH 84 DEGREES 43 MINUTES 02 SECONDS WEST, A CHORD DISTANCE OF 67.31 FEET AND AN ARC LENGTH OF 67.34 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST A DISTANCE OF 227.01 FEET TO THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, AND THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL THREE: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERN MOST CORNER OF BLACKBERRY CREEK. SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID OLD CENTER LINE, A DISTANCE OF 177.53 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 414.86 FEET TO A POINT ON THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, RECORDED AUGUST 31, 1994 AS DOCUMENT NO. 9408706, EXTENDED WESTERLY; THENCE NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST ALONG SAID SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, A DISTANCE OF 746.88 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST A DISTANCE OF 314.32 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID BLACKBERRY CREEK NORTH SUBDIVISION; THENCE SOUTH 39 DEGREES 28 MINUTES 49 SECONDS EAST ALONG SAID SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION,A DISTANCE OF 190.17 FEET; THENCE SOUTH 52 DEGREES 39 MINUTES 54 SECONDS WEST A DISTANCE OF 78.11 FEET; THENCE NORTH 80 DEGREES 40 MINUTES 34 SECONDS WEST A DISTANCE OF 312.18 FEET; THENCE ALONG A CURVE TO THE LEFT, NOT TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 74.00 FEET, A CHORD BEARING OF SOUTH 88 DEGREES 06 MINUTES 54 SECONDS WEST, A CHORD DISTANCE OF 122.85 FEET; AND AN ARC LENGTH OF 14&93 FEET; THENCE NORTH 25 DEGREES 19 MINUTES 49 SECONDS EAST A DISTANCE OF 137.00 FEET TO THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, AND THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERNMOST CORNER OF BLACKBERRY CREEK SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE SOUTH 28 DEGREES 40 MINUTES 52 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID BLACKBERRY CREEK SUBDIVISION, A DISTANCE OF 220.00 FEET TO AND ANGLE POINT IN SAID NORTHERLY LINE; THENCE NORTH 50 DEGREES 16 MINUTES 57 SECONDS EAST ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.00 FEET TO THE WESTERLYMOST CORNER OF LOT 30 IN SAID BLACKBERRY CREEK SUBDIVISION; THENCE NORTH 55 DEGREES 04 MINUTES 46 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID IN BLACKBERRY CREEK SUBDIVISION, A DISTANCE OF 508.00 FEET FOR A POINT OF BEGINNING; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST, PARALLEL WITH THE ORIGINAL CENTERLINE OF BRISTOL AND BRISTOL STATION ROAD, A DISTANCE OF 303.43 FEET; THENCE ALONG A CURVE TO THE RIGHT, NOT TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 600.00 FEET; A CHORD BEARING OF NORTH 84 DEGREES 43 MINUTES 02 SECONDS EAST, A CHORD DISTANCE OF 67.31 FEET; AND AN ARC LENGTH OF 67.34 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF NORTH 74 DEGREES 57 MINUTES 11 SECONDS EAST, A CHORD DISTANCE OF 134.76 FEET; AND AN ARC LENGTH OF 135.92 FEET; THENCE SOUTH 08 DEGREES 33 MINUTES 39 SECONDS EAST, A DISTANCE OF 211.37 FEET TO A POINT ON THE NORTHERLY LINE OF BLACKBERRY CREEK SUBDIVISION; THENCE NORTH 89 DEGREES 30 MINUTES 45 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 70.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE SOUTH 55 DEGREES 04 MINUTES 46 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 234.62 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL FIVE: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERN MOST CORNER OF BLACKBERRY CREEK SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID OLD CENTER LINE, A DISTANCE OF 177.53 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 190.73 FEET; THENCE SOUTH 83 DEGREES 36 MINUTES 50 SECONDS EAST, A DISTANCE OF 8.99 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 225.00 FEET, A CHORD BEARING OF NORTH 87 DEGREES 35 MINUTES 10 SECONDS EAST, A CHORD DISTANCE OF 69.10 FEET; AND AN ARC LENGTH OF 69.38 FEET; THENCE ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF NORTH 85 DEGREES 43 MINUTES 40 SECONDS EAST, A CHORD DISTANCE OF 72.86 FEET; AND AN ARC LENGTH OF 73.04 FEET; THENCE SOUTH 87 DEGREES 17 MINUTES 51 SECONDS EAST A DISTANCE OF 125.39 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 400.00 FEET, A CHORD BEARING OF NORTH 83 DEGREES 16 MINUTES 07 SECONDS EAST, A CHORD DISTANCE OF 131.13 FEET; AND AN ARC LENGTH OF 131.72 FEET; THENCE ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 600.00 FEET, A CHORD BEARING OF NORTH 77 DEGREES 40 MINUTES 06 SECONDS EAST, A CHORD DISTANCE OF 80.23 FEET; AND AN ARC LENGTH OF 80.29 FEET; THENCE SOUTH 06 DEGREES 23 MINUTES 10 SECONDS WEST, PARALLEL TO THE OLD CENTERLINE OF BRISTOL AND BRISTOL STATION ROAD, A DISTANCE OF 303.43 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLACKBERRY CREEK SUBDIVISION; THENCE SOUTH 55 DEGREES 04 MINUTES 46 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 273.38 FEET TO THE WESTERLYMOST CORNER OF LOT 30 IN SAID BLACKBERRY CREEK SUBDIVISION; THENCE SOUTH 50 DEGREES 16 MINUTES 57 SECONDS WEST, ALONG SAID NORTHERLY LINE,A DISTANCE OF 211.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE NORTH 28 DEGREES 40 MINUTES 52 SECONDS WEST A DISTANCE OF 220.00 FEET TO A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTH WESTERNMOST CORNER OF BLACKBERRY CREEK SUBDIVISION, AND THE POINT OF BEGINNING. PARCEL SIX: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF FUTURE LOTS 2, 3, AND 5 AS CREATED BY DEED FROM GORDON R. SWANSON AND MARCIA R. SWANSON TO MICHAEL A SKOPEC DATED APRIL 15, 2003 AND RECORDED MAY 5, 2003 AS DOCUMENT 200300014856 FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED LAND: A STRIP OF LAND 50.0 FEET WIDE ACROSS PART OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES ADJACENT TO, COINCIDENT WITH AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF "COUNTRYSIDE CENTER UNIT NO. 1, YORKVILLE, KENDALL COUNTY, ILLINOIS THENCE NORTH 63 DEGREES 11 MINUTES 23 SECONDS EAST ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID UNIT NO. 1, BEING THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47, A DISTANCE OF 2241.20 FEET TO THE CENTER LINE OF KENNEDY ROAD EXTENDED FROM THE EAST; THENCE NORTH 82 DEGREES 16 MINUTES 57 SECONDS EAST ALONG SAID EXTENDED CENTER LINE, 9.11 FEET TO THE OLD CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST, ALONG SAID OLD CENTER LINE, 1382.70 FEET; THENCE NORTH 86,DEGS 30 MINUTES 03 SECONDS EAST 210.42 FEET FOR A POINT OF BEGINNING; THENCE NORTH 86 DEGREES 30 MINUTES 03 SECONDS EAST 484.90 FEET FOR THE TERMINUS OF SAID LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Reviewed By: Agenda Item Number 606 Legal ❑ CA#3 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number Human Resources ❑ `=Q Community Development : PS 2012-19 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Request to Dispose of City Property Meeting and Date: City Council/August 28, 2012 Synopsis: Request to dispose of City Property. Specifically, old/outdated police equipment including radios, wiring, and squad car accessories. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: ? v Yorkville Police Department Memorandum Q '~ 804 Game Farm Road EST — _ 1836 Yorkville, Illinois 60560 =-. Telephone: 630-553-4340 0 �� ,:; �` Fax: 630-553-1141 NenGll GO.alY Date: August 1, 2012 To: City Council From: Chief Richard Hart Reference: Request to Dispose of City Property I am requesting to dispose the inventoried items attached to this memorandum. Note that most of these items have been removed from squad cars and are no longer usable in existing/future squad build-outs. A few of the items are old radios that are not compatible for the narrow banding project. Please see the list attached to this memo for a detailed inventory of all items. If permission is granted, all attempts will be made to sell the items. If the items are not able to be sold, they will be disposed of appropriately. INVENTORY ✓ofVl f/� � ) ) Priced by Sheet No. Department {/ Extended by Called by Location Examined by Entered by ITEM No. DESCRIPTION J QUANTITY UNIT PRICE UNIT EXTENSIONS 4;? ,)2 � s8 a9') �a3s5 3 a :3 s6 � q� s �7 � fvvY �f� lcs 0 ID a, a x 1 G 4� � • � n cif y 154v16+ S ' 4 4 1 �S - ) AQ Z cr . o oyl Ej opsd' 3 ' M X- 7aoa J ti � % r vr , c 1 /log / �. a �1 � ► a � a rr �f��< And 3 S 3 cx� 14 ,,, < . Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS q �J , e. Ira Iu S'N G C1� ao 7C/` Yo7 r C 1 Cf) O r0.. " O Gco vc 0 fN G 00 o 676, V J r'�G, Lit wr C� ► � Ap � , >*-� 'u,� � c et t sn x € � � y ,� 6v vy canvt1dv C:�y (Jj 1 L �,�► - c-o n jo C/ tor asts M PA I ss - ,q lsr, ¢ Amount Forward 7T,= �I II �IIINdI EXTENSIONS Moll Owe 0 16 0 ter: ►:mi�illi rward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. 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DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS ra tc�' 03fo MTA 70t4sc r r M � rAJ ; o Una E 4 /"p) AM :) scAf& *' ZAN d 0 s� 3 TF wusJ` 9 a t4 U G jra j aX ) (K L M P 3 4,M TA 7 P AS CA z 0 -sty-sty J t'''► `F3 GnMG OCIC ;zAb SN 1S ` 7 y 6 (21si M Mj3enmc ;- lC ;Z94 S N ) 5 � 17s � ¢ s4 04; • 11kuw Sly VG ��` � 71 vo► IcScoA�p- a Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION .J QUANTITY UNIT PRICE UNIT EXTENSIONS Mof0 01 ARM 6s7 IF �oB ;;� ¢ 6 C0 S Sv ? sZ All tfs Fr Fr sIv Soy G� 1p � 4 vRM �so U o zp 803s p3 S (� Soerr %s v � s � 1 � Say s 7 App z SN ED ? S7N10) t6 ; D 90 :3 o a J *dt 1 r'1ff XG?Cat044AA SN 7fif, IVA 1196 MO Gla � � J lfaL .0 V M M 03 M37A7PA -,�; 6X M p51LRAyP � � � �r SN -7 7 Y T Y N lt?qv Amount . Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS 3 rtbwvNck 1 7 Sqc 1 k — Q90s tI 3 S ( - y 0(00 (`'g � gjIq , sodas a I J9 5"1?; " o a oo 9o *3 t P3 2 ��ta a ui Z o 1 - 600eXb q 0 J Le , 1 VGkAL N\ 100311 Lj V4 Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS <% Li fwy//�yl4;#v 1AG / I� t?, a0 w• n i 'rUrd 1 n m g s v �sE s 6 6 s °0 4. V SN 50e rFW 0030 Z So S N `nA40o 1 .Ycn �ox V1 Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION .J QUANTITY UNIT PRICE UNIT EXTENSIONS PP C 10 VJT 0 U. N a ( M - / add 0 7a � � �- 0 S7007A s/V co H00 3 f1V Cr) 0 47 6 � papa die 'w haul, Amount Forward �NIII�I�IIY EXTENSIONS PER M� Msonw, MLSM, ; . Amount Forward �II��III<INI INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION J QUANTITY UNIT PRICE UNIT EXTENSIONS 19) tUlc/ oi / f j W1 h w : rc� M G � ti 2 K U. SN 0l66 In a O � ,y ^ t 5N o C � 7a �3c N j 0 r J I L I I I i i Amount Forward IF 11 EL 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#4 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PS 2012-16 Parks&Recreation Public Works ❑ Agenda Item Summary Memo Title: Lightning Detectors Meeting and Date: City Council - August 28, 2012 Synopsis: Quote and recommendation to install lightning detectors in specific City Parks. Council Action Previously Taken: Date of Action: 7/24/12 Action Taken: Tabled Item Number: PS 2012-16 Type of Vote Required: Majority Council Action Requested: Approve purchase of lightning detectors from ThorGuard. Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Please see the attached memo providing additional information and recommendation. ° ''`o Memorandum EST. ,Z 1836 To: City Council From: Laura Schraw, Interim Director of Parks and Recreation 0 L CC: Bart Olson, City Administrator O Scott Sleezer, Superintendent of Parks It.E Date: August 7, 2012 Subject: Lightning Detectors Background At the June 14th Park Board meeting, it was requested by the Mayor that staff research the cost for a lightning detector to be installed at Bridge Park where our three ballfield complex is located. Quotes for lightning detectors were obtained from our current vendor of tornado warning sirens, ThorGuard, with a variety of options. On June 15th, staff contacted the representative from ThorGuard. In order to get the detectors up as soon as possible, the meeting was held on the earliest possible date for both parties, June 25'. Potential locations for lightning detectors, remote systems, and the existing system were discussed. A site tour was conducted, and a quote was requested from the ThorGuard representative to be received by June 29th, which they provided. Staff provided a recommendation to COW, solely based on what parks/schools would be beneficial for lightning detectors and based on the estimated cost provided in the ThorGuard estimate, and within the available funds from the weather warning siren fee. Staff was not actively seeking a vote of authorization at the July 24th City Council meeting—the statement by Administrator Olson at the meeting that we were seeking purchase authorization based on one quote was a simple misunderstanding of the agenda item. On July 17th staff met with Dr. Wakeley, Superintendent of Schools. The School District will be discussing lightning detectors at their committee meeting on Monday, August 131h Product comparison Biotex This company only manufactures warning systems that detect the proximity of lightning to the station location, not when the conditions are right for lightning. ThorGuard The ThorGuard information distributed at the previous meeting is also attached. Additional information about the GENS system: It was designed in conjunction with the University of South Florida. They wanted a system that could give a distinct audible signal over their entire campus. Since ThorGuard was already in use for the Lightning Warning over the campus they designed a system that could do both. The units are located at the schools in the school office or the campus security office. The audible for GENS is t/2 second on, %2 second off, for a one minute duration. It also turns on external strobe lights on the horn clusters. This is done manually for the GENS alert. Those outdoors proceed to designated areas away from the school, directed by faculty that are in charge. TOA No response from manufacturer. Skyscan This product is a lightning warning system. It is similar to the Vaisala product (listed below) that does not provide a warning signal based on the conditions being right for lightning,but instead on the proximity of lightning to the station location. The representative gave an example of predicting lightning within 40 miles of the station. Vaisala Vaisala produces the TWX300, product information is attached. The TWX300 ties into the National Lightning Detection Network which monitors existing lightning and the EFM measure the electromagnetic fields to alert when the conditions are ripe for lightning. The ballpark pricing for a TWX300 with EFM's is between $70,000 - $120,000 per system. This price includes training and installation. A second system would cost an additional $70,000-$120,000. The total cost for the Vaisala produce is between $140,000 - $240,000. In addition, the annual National Lightning Detection Network renewal fee (for a 50 mile radius) is $3,500 per site. Park Board recommendation The Park Board fully supports installing lightning detector systems at Bridge Park, and Raintree Park B, as well as a remote system at Bristol Bay 65. Staff recommendation Staff is recommending the use of ThorGuard for our lightning detection system for the following locations/prices: Bridge Park Base station and remote at Bristol Bay Park $20,045.00 Raintree Park B Base $16,120.00 Change current system from AM to FM $2,515.00 Total cost $38,860.00 Based on the response from the school district, the remaining account funds can be used at the City Council's discretion. To not delay the installation of these units any longer, staff is seeking approval of the purchase and installation of the ThorGuard systems as highlighted in the attached quote in an amount not to exceed$38,860.00. Laura Schraw July 17,2012 United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60506 Reference:Revised Quote,Thor Guard lightning Warning System.Per email received July 17,2012. EQUIPMENT PRICE Bridge Park,Base L 75R Computer console and Sensor,THOR PCX Software $ 7,695.00 VOTBDFM12B Base Driver 12 Watt Transmitter/Horn Cluster $ 4,000.00 Line Conditioner UPS $ 250.00 External LED Strobe Light $ 250.00 Bristol Bay Park,Remote VOTRCFMS Receiver/Horn Cluster/ 12 Volt Solar Charged/Antenna Kit External Strobe Light $ 3,900.00 EQUIPMENT COST $16,095.00 APPROXIMATE Freight Charges FOB Sunrise,Florida $ 250.00 INSTALLATION $ 3,700.00 The facility is responsible for supplying and installing a 6"x 6"x 20' wood pole for remote if appropriate location is not available. Total Cost $20,045.00 Option: Grand Reserve School Remote VOTRCFMS Receiver/Horn Cluster/ 12 Volt Solar Charges/Antenna Kit External Strobe Light $ 3,900.00 APPROXIMATE Freight Charges FOB Sunrise,Florida $ 75.00 INSTALLATION $ 750.00 The facility is responsible for supplying and installing a 6"x 6"x 20' wood pole for remote if appropriate location is not available. Total Cost $4,725.00 Page 2. EQUIPMENT PRICE Autumn Creek School L 75R Computer Console,Sensor,THORPCX Software $ 7,695.00 VOTBDFM5B Driver 5 Watt Transmitter/Horn cluster $ 3,500.00 Line Conditioner UPS $ 250.00 External LED Strobe Light $ 250.00 Internal LED Strobe Light $ 175.00 EQUIPMENT COST $11,870.00 APPROXIMATE Freight Charges FOB Sunrise,Florida $ 250.00 INSTALLATION $ 4,000.00 Total Cost $16,120.00 EQUIPMENT PRICE Raintree Park B Base L 75R Computer Console,Sensor,THORPCX Software $ 7,695.00 VOTBDFM5B Driver 5 Watt Transmitter/Horn Cluster $ 3,500.00 Line Conditioner UPS $ 250.00 External Strobe Light $ 250.00 Internal Strobe Light $ 175.00 EQUIPMENT COST $11,870.00 APPROXIMATE Freight Charges FOB Sunrise,Florida $ 250.00 INSTALLATION $ 4,000.00 Total Cost $16,120.00 EQUIPMENT PRICE Current System Reference: UPGRADE equipment at Police Station&remotes. Two options on equipment upgrade are listed.The equipment was originally purchased in July of 2000. The first option gives you a virtually new system.The second option covers only the equipment needed to convert the radio equipment to an FM platform.The FM is not susceptible to interference from outside agencies. OPTION 1 Equipment Price L 75R Computer Console and Sensor/THORPCX Software $ 7,695.00 Line Conditioner UPS $ 250.00 VOTBD Electric Relay Bracket $ 150.00 12 Watt FM Radio Transmitter $ 750.00 FM Antenna Kit Base $ 100.00 2-5 Watt Receiver Radios $ 1,000.00 2- Solar Relay Brackets $ 300.00 2-Remote Antenna Kits $ 170.00 3 -Horn Clusters $ 2,400.00 3 -External Strobe Lights $ 750.00 3 -Batteries $ 345.00 3 -Internal RF Cables $ 120.00 LESS TRADE ALLOWANCE ON CURRENT L 150 ( $ 1,000.00) EQUIPMENT COST $13,030.00 Approximate Freight Charges FOB Sunrise,Florida $ 250.00 INSTALLATION $ 3,000.00 Total cost $16,280.00 OPTION 2 Equipment Price 12 Watt FM Radio Transmitter $ 750.00 FM Antenna Kit,Base $ 100.00 2-5 Watt Receivers Radio $ 1,000.00 2-Remote Antenna Kits $ 170.00 3 -Internal RF Cables $ 120.00 EQUIPMENT COST $ 2,140.00 Approximate Freight Charges FOB Sunrise,Florida $ 25.00 INSTALLATION $ 350.00 Total cost $2,515.00 ***An inspection of the existing equipment is necessary to determine if base and remote parts are in working order.Horns,relays,batteries. Prices a valid for 90 days from the Quote Date.Equipment can ship in 14 business days from day of order.A Purchase Order#is required along with a completed customer information form. Walt Wynarczyk Territory Manager Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AUTHORIZING THE PURCHASE OF LIGHTNING DETECTORS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois; and, WHEREAS, the Mayor and City Council of the United City of Yorkville have determined that it is in the best interest of its citizens to install lightning detectors at the City's ball fields in order to better safeguard the health and welfare of all park users; and, WHEREAS, Chapter 7 of the Title I of the City Code provides that all contracts for services or materials shall be let pursuant to public bidding procedures as set forth in said Chapter 7; and, WHEREAS, Chapter 7 of the Code also provides that bidding requirements may be waived by a vote of 2/3rds of the aldermen holding office; and, WHEREAS, after investigation and study of available lightning detector systems it has been recommended to the City Council that the City purchase lightning detection systems for Bridge Park, Raintree Park B and a remote system at Bristol Bay 65 from the company of Thor Guard, Inc. of Sunrise, Florida, due to its unique design which gives a distinct audible warning system and external flashing strobe lights; and, WHEREAS, due to this unique design, the City Council is prepared to waive the City Code's bidding requirements and authorize the purchase of the Thor Guard, Inc.'s lightning detection system as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the bidding requirements as set forth in Chapter 7 of the City Code are hereby waived and the City Administrator is hereby authorized to purchase lightning detection Ordinance No.2012- Page 1 systems for Bridge Park, Raintree Park B and a remote system at Bristol Bay 65, including a change of the current warning system from AM to FM from Thor Guard, Inc. of Sunrise, Florida, for a total cost of$38,860.00. Section 2. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. CHRIS FUNKHOUSER LARRY KOT CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. Mayor Attest: City Clerk Ordinance No.2012- Page 2 Reviewed By: Agenda Item Number 6 Legal ❑ CA#5 Finance ❑ EST. -� __ti 1838 Engineer ■ -- City Administrator ❑ Tracking Number m Human Resources F-1 C�"Sad `=Q Community Development ❑❑ PW 2012-35 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: 2012 MFT Maintenance Program Meeting and Date: City Council —August 28, 2012 Synopsis: Recommendation of Contract Award Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: D Cll o Memorandum S : " To: Bart Olson, City Administrator EST. 1Z _ leas From: Brad Sanderson, EEI {O L `` CC: Eric Dhuse, Director of Public Works p Krysti Barksdale-Noble, Community Dev. Dir. <LECo� ,Z Lisa Pickering, Deputy City Clerk Date: August 9, 2012 Subject: 2012 MFT Maintenance Program Bids were received, opened and tabulated for work to be done on the above referenced project at 11:00 a.m., August 9, 2012. Representatives of the contractors bidding the project and our firm were in attendance. Four qualified contractors submitted acceptable proposals for completing the work. A tabulation of the bids and the engineer's estimate is attached for your information and record. We recommend the acceptance of the bid and approval of award be made to the low bidder, D Construction, Inc., 1488 S. Broadway, Coal City, IL 60416 in the amount of $30,247.10, which is approximately 39.08%under the Engineer's Estimate of$49,653.00. If you have any questions or require additional information,please let us know. BID TABULATION 2012 MFT UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS D CONSTRUCTION HARDIN PAVING SERVICES GENEVA CONSTRUCTION CO. J&R 1ST ASPHALT,INC. ENGINEER'S ESTIMATE BID TABULATION 1488 S.BROADWAY 4413 W.Roosevelt Rd. P.O.BOX 998 7659 W.98th Street 52 Wheeler Road BIDS RECD 08/9/12 COAL CITY,IL 60416 Suite 108 AURORA,IL 60507 Aurora,IL 60507 Sugar Grove,IL 60554 Hillside,IL 60162 ITEM UNIT UNIT UNIT UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 CLASS D PATCHES 4" SY 536 30 $16,080.00 $29.00 15 544.001 $36.00 $19.296.001 $29.45 $15,785.20 $55.00 $29,480.00 2 HOT-MIX ASPHALT SURFACE REMOVAL 2" SY 1064 3 $3192.00 $3.00 $3192.00 $9.00 $9576.00 $11.30 $12, 23.20 $9.50 $10,108.00 3 HOT-MIX ASPHALT SURFACE COURSE MIX"C"N50 TON 118 $10,974.00 $103.00 $12,154.00 $135.00 $15,930.00 $150.00 $17,700,00 $80.00 $9,440.00 4 BITUMINOUS MATERIALS PRIME COAT GAL 107 0.011 $1.07 $9.00 $963.00 $0.01 $1.07 $3.50 $374.50 $5.00 $535.00 5 AGGREGATE PRIME COAT TON 3 0.01 $0.03 $215.00 $645.00 $1.00 $3.00 $100.00 $300.00 $30.00 $90.00 TOTAL FOR CONSTRUCTION COSTS $30,247.10 $32,498.00 i $44,806.07 i i $46,182.90 $49,653.00 -39.0830363% -34.5497754% -9.7616055% -6,9887016% %+/-ESTIMATE G1Publi,%YO ,IJe12 MY01219- 2012 MFT,En bid.b.xls Sh-1 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#6 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ ADM 2012-44 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Appointment of FOIA Officer—Jeff Weckbach Meeting and Date: City Council —August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#7 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator E] Tracking Number .4 City y Human Resources ❑ � wn sw _© Community Development ❑ PW 2012-46 � Police ❑ Public Works Parks and Recreation ❑ Agenda Item Summary Memo Title: Water Department Reports for May and June 2012 Meeting and Date: City Council —August 28, 2012 Synopsis: Monthly water reports for May and June 2012 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: United City of Yorkville M M36 WATER DEPARTMENT REPORT May 2012 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FE GALLONS 3 1335 510 120 6,889,000 4 1393 542 570 16,569,000 7 1527 1125 430 4,293,900 8 1384 840 463 7,570,000 9 1368 861 550 27,644,000 TOTAL 42,965,900 CURRENT MONTH'S PUMPAGE IS 10,079,100 GALLONS IeSS THAN LAST MONTH 13,934,300 GALLONS less THAN LAST YEAR DAILY AVERAGE PUMPED: 1,385,996 GALLONS DAILY MAXIMUM PUMPED: 1,440,000 GALLONS DAILY AVERAGE PER CAPITA USE: 81.52 GALLONS WATER TREATMENT: CHLORINE: 1903 LBS. FED CALCULATED CONCENTRATION: .19 MG/L FLUORIDE: 746 LBS. FED CALCULATED CONCENTRATION: .48 MG/L POLYPHOSPHATE: 1422 LBS. FED CALCULATED CONCENTRATION: .25 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 18 SATISFACTORY 0 UNSATISFACTORY (EXPLAIN) FLUORIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: 4 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S: 10 NEW CUSTOMERS: RESIDENTIAL: 9 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS: 1 main break at 1612 Cypress Ct. Lost 360,000 gallons of water due to leak United City of Yorkville a WATER DEPARTMENT REPORT �4 <ILL.E JUNE 2012 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FE GALLONS 3 1335 510 120 10,734,000 4 1393 542 488 18,939,000 7 1527 1125 430 6,219,800 8 1384 840 344 8,851,000 9 1368 861 451 34,261,000 TOTAL 73,414,800 CURRENT MONTH'S PUMPAGE IS 30,448,900 GALLONS more THAN LAST MONTH 15,880,500 GALLONS more THAN LAST YEAR DAILY AVERAGE PUMPED: 3,414,800 GALLONS DAILY MAXIMUM PUMPED: 3,246,000 GALLONS DAILY AVERAGE PER CAPITA USE: 190.9 GALLONS WATER TREATMENT: CHLORINE: 2158 LBS. FED CALCULATED CONCENTRATION: .28 MG/L FLUORIDE: 861 LBS. FED CALCULATED CONCENTRATION: .71 MG/L POLYPHOSPHATE: 1840 LBS. FED CALCULATED CONCENTRATION: .33 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 18 SATISFACTORY 0_UNSATISFACTORY (EXPLAIN) FLUORIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: 6 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S: 5 NEW CUSTOMERS: RESIDENTIAL: 8 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS: Main break at Adrian and Blaine St. Lost 4.3 MG water 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal ❑ CA#8 Finance ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ ADM 2012-45 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Banking RFP Meeting and Date: City Council —August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Memorandum To: Mayor and City Council EST. -,l 1836 From: Rob Fredrickson, Finance Director .4 y Date: August 9, 2012 p� az 2p� Subject: Banking Services-Request for Proposal Kentlal COUnTy C(,E �yv Over the last several months management has received several inquiries from local area banks regarding City banking services. Since the City has held its operational accounts at the same bank since at least 1968, management feels that now is a good time to seek proposals from local area banks to see which institution can best serve the City's banking needs. All full-service banks located within the City will be receiving RFP's, including the City's current provider Old Second. The RFP for banking services is attached for your review and consideration. UNITED CITY OF YORKVILLE REQUEST FOR PROPOSALS FOR BANKING SERVICES *,D r ._ OVA 1 .p M 1 - EST 103 cou Seat Kendall County LE August 2012 800 Game Farm Road Yorkville, Illinois 60560 UNITED CITY OF YORKVILLE BANKING SERVICES REQUEST FOR PROPOSAL I. INTRODUCTION The United City of Yorkville(the City),Illinois is inviting qualified financial institutions to submit proposals for comprehensive banking services for the City. The City's objective is to maximize interest earnings,minimize banking costs and improve operational efficiency through the use of technology and the internet. II. PROPOSAL INSTRUCTIONS AND QUALIFICATIONS A. Instructions To be considered, an electronic copy of the proposal in pdf format can be sent to: rfredrickson&yorkville.il.us Proposals can also be mailed in a sealed envelope to the following address: United City of Yorkville Attn: Rob Fredrickson—Finance Director 800 Game Farm Road Yorkville,Illinois 60560 All proposals must be received no later than 4:00 p.m. on Friday, October 5, 2012. Questions on the proposal can be submitted to the e-mail address listed above. Any response will be submitted to all firms,who the City has knowledge of,who may be submitting a proposal. B. Schedule The following schedule will be adhered to: August 29,2012—Distribution of Request for Proposals October 5, 2012—Proposals due to the City by 4:00 pm October 23,2012—Recommendation of award December 1,2012—Implementation date The City intends to adhere to the proposed schedule,however, it is expressly understood that your proposal will be valid for a period of ninety(90) days after October 5, 2012. 1 C. Bank Qualifications For a proposal to the RFP to be considered and evaluated, a bank must: 1. Be insured by the Federal Deposit Insurance Corporation(FDIC). 2. Be eligible to be a depository of City funds with a full service branch in the United City of Yorkville. 3. Be an on-line cash and securities member of the Federal Reserve. 4. Be able to provide 110%of the collateralization of all City deposits with collateral in compliance with the City's Investment Policy. 5. Provide a copy of a recent investment rating report by a nationally recognized rating agency. 6. Have the capacity of providing all"Required Services"internally. The City prefers that the responding bank provide services without the use of joint ventures, consortiums or contract service providers because of control issues. The City will determine the acceptability of any arrangements with the objective of the RFP being a comprehensive proposal. 7. Provide financial statements for the past two fiscal years, or internet location of said. These statements must also include an auditor's unqualified opinion and appropriate notes to the financial statements. 8. Provide a statement regarding any recent or foreseen merger or acquisition. D. Selection Criteria The following unranked criteria will be used to evaluate the responses and select the winning proposer: 1. Complete responses to all required items on the forms provided. 2. Bank located in Yorkville. 3. Provision of adequate and desired collateral. 4. Financial condition of bank providing proposal. 5. Ability to meet current and projected service requirements over the term of the banking agreement(any past experiences with the bank will be taken into consideration). 6. Ability to provide numerous electronic banking services. 7. Best earning credit rate(ECR)/or least amount of required compensating balance. 8. Best rate of interest paid on accounts. 9. Best availability for deposited items. 2 10. Aggregate banking service cost,per identified activity and corresponding compensating balance. When the City has tentatively selected a successful proposer, a conference may be requested to formulate plans in greater detail,to clarify any unclear items, and to otherwise complete negotiations prior to the formal award. At any time during the conference(s),the City may choose to modify the choice of a selected proposer, if there is just cause and the City determines that such a change would be in the best interest of the City. E. Terms and Conditions 1. The City reserves the right to reject any or all proposals,to waive any irregularities or informalities in any proposal or proposal procedures, and to accept or reject any item or combination of items. The award will be to the proposer whose proposal complies with all the requirements set forth in this RFP, and whose proposal in the opinion of the City, is the best proposal taking into consideration all aspects of the proposer's response, including the total net cost to the City. 2. In the event that the proposer to whom services are awarded does not execute a contract within sixty(60)calendar days after the award of the bid,the City may give notice to such proposer of intent to award the contract to the next most qualified proposer or call for new proposals and may proceed to act accordingly. The City assumes no cost by the proposers in preparation of this proposal. 3. Proposers shall thoroughly examine and be familiar with these specifications. The failure or omission of any proposer to receive or examine this document shall in no way relieve any proposer of obligations with respect to this proposal or the subsequent contract. 4. The contract may be terminated by either party by giving written notice to the other party no later than sixty(60) calendar days before the proposed termination date. This provision may be exercised only after the contract has been in effect for six(6) calendar months. The bank shall be entitled to just and equitable compensation for any satisfactory work completed by the termination date. Under no circumstances will any damages be paid as a result of termination of this contract. If the bank exercises the right to terminate this contract early, they cannot bid on future proposals for a period of seven(7)years. 5. All work under this proposal and contract shall be executed in accordance with all applicable federal, state and City laws, ordinances,rules and regulations which may in any manner affect the performance of this contract. The Proposer: a. Certifies that it is not barred from bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 or 33E-4 of Act 5, Chapter 720 of the Illinois Compiled Statutes regarding criminal interference with public contracting; b. Is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65,Act 5,paragraph 11-42.1 of the Illinois Compiled Statutes; c. States that it has a written sexual harassment policy as required by the Illinois Human Rights Act(775 ILCS 5/2-105(A)(4), a copy of which shall be provided to the City upon request; and 3 d. Complies with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246,U.S.C.A. Section 2000e n. 114 (September 24, 1965). 6. The Proposer certifies that it has all insurance coverage required by law or would normally be expected for the work to be performed. A copy of such coverage shall be provided upon the request of the City. 7. For the purposes of this Proposal and contract,the Bank hereby agrees to indemnify, defend and hold harmless the City, its employees and agents from any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Bank. It is agreed as a specific element of consideration of this Agreement that this indemnity shall apply notwithstanding the joint, concurring, or contributory or comparative fault or negligence of the City or any third party and, further notwithstanding any theory of law including,but not limited to, a characterization of the City's or any third-parry's joint, concurring, or contributory or comparative fault or negligence as either passive or active in nature;provided,however,that the Bank's obligation hereunder shall not include amounts attributable to the fault or negligence of the City. Nothing in this section shall be deemed to impose liability on the Bank to indemnify the City for loss when the City's negligence or other actionable fault is the sole cause of the loss. 8. Failure to comply with any of these terms and conditions of this RFP by the awarded bank will be cause for termination of the`Banking Services Agreement"to be entered into. III. SCOPE OF BANKING SERVICES A. Term of Agreement The banking services detailed in this section will be performed for the City, on a contractual basis for five(5)years,with an option to renew for an additional two (2)year period. B. Collateralization of Account Balances All City funds on deposit must be collateralized at all times according to the terms of the City's investment policy. Monthly reports detailing the adequacy of collateral must be supplied by the bank within five(5)business days of the close of each month to the City either electronically or by mail. C. Accounts Included The City will require the following separate accounts: 1. General Operating Account 2. Payroll Zero-Balance Account(ZBA) 3. Accounts Payable Zero-Balance Account(ZBA) 4. Clerk's Checking Account 5. Countryside TIF Checking Account 4 D. Compensating Balances and Monthly Account Analysis The City may desire to pay for banking services it receives through a compensating balance arrangement. A non-interest bearing account entitled"Compensating Balance Account"may be established for the purpose of offsetting monthly banking service costs. The compensating balance formula is: Totally Monthly Service Charge Earnings Credit Rate All charges for banking services shall be reported on a monthly analysis statement and be delivered to the City within 10 business days after the close of the month. The analysis statement shall contain a detailed itemization of charges of types and volume, similar to those provided in Exhibit A. E. "On-Line"Banking Services The City requires the successful proposer to provide"On-Line"banking services and software. Please provide a description of the bank's PC based software products and services available, as well as what security measures are in place to ensure protection of the City's assets. At a minimum,the City wishes to use internet banking for the following: • Daily Balance Reporting ledger(available and collected). • Detailed debit and credit postings (cleared checks, deposits, chargebacks,wire and ACH transfers in and out, interest payments, etc). • Initiation of internal account transfers. • Initiation of regular recurring wire transfers. • Initiation of ACH debit and credit transactions. Ability to create saved"instructions"for recurring ACH debit(collection) or credit(direct deposit)type transactions. • Placement of stop payment orders. • Multi-level security for various City staff(e.g. inquiry only vs. full system administrator rights). • Electronic storage of cancelled checks and deposited items for a minimum of 60 days with access granted to the City. Transfers between Accounts On a regular basis,the City will make transfers between the various accounts listed in Section III C. Any transfers between these accounts will be charged to the City only as transfers and not also as items deposited and checks paid. All transfers will be done electronically via the internet by the City. F. Positive Pay/Fraud Prevention The City does not currently utilize positive pay;however,the City would entertain using the service. The City is very fraud conscious and is willing to entertain any suggestions/products that address this issue. 5 G. ACH The bank must be both a"sending"and"receiving"bank on the Automated Clearing House system to accommodate a payroll direct deposit program, a utility billing electronic payment collection program as well as future revenue collection systems. This service must also include full account blocks and filters. Presently,the City's payroll and corresponding ACH direct deposit file and utility bill collection and corresponding ACH direct deposit files are transmitted to the bank's processing center electronically. H. Availability of Funds All proposing banks are required to attach a copy of their current"availability schedule"to the proposal. I. Daylight Overdrafts How would the bank handle an occasional daylight overdraft? The City historically has not had one. J. Statement and Advice Frequency Monthly bank statements will be for the full calendar month and will be delivered to the City within five (5)business days after the end of the month. The City requests that the statements, processed checks, deposit items and miscellaneous bank advices be stored, on-line,by the bank and that on-line access to be given to the City. The City also requests check truncation and a monthly CD Rom. K. Designated Account Executive The City requests that the proposing banks provide the name(s)of the designated account executive, as well as an alternate. The designated account executive(s)must have the authority to make timely decisions in the normal course of business on their own. L. Other Banking Services and Conditions 1. All returned checks due to insufficient funds will be automatically re-deposited. If the City's account ultimately needs to be debited,then the General Operating Account should be charged. 2. All debit and credit memos required to adjust errors caused by the bank will not be charged to the City. All deposit errors must be accompanied by a copy of the particular deposit slip. All bank errors must be corrected within five(5)business days of notification by the City. M. Reference Please provide three(3) client references of similar sized and/or municipal accounts which the bank has served over the past two years and is currently serving. Provide a contact person and telephone number for each customer. 6 N. New/Other Services Are there any additional services that your bank offers that the City may be interested in for which we did not ask about? IV. SUMMARY All banks are requested to complete the form"Proposal for Banking Services"attach the requested forms,reports and Exhibits and return the package to the City in accordance with the instructions in Section II A. 7 PROPOSAL FOR BANKING SERVICES UNITED CITY OF YORKVILLE Proposal Submitted By: Bank: Address: Telephone: Email Address: This proposal contains all of the information requested in the Request for Proposal, including the following exhibits: Exhibit A Compensating Balance Worksheet(to be filled out by Proposing Bank) Exhibit B City's Transactional Volume from Previous Fiscal Year(Informational) Exhibit C City's Investment Policy(Informational) Signature Print Name Title Date 8 PROPOSAL FOR BANKING SERVICES UNITED CITY OF YORKVILLE Exhibit A — Compensating Balance Worksheet Bank: Average Charge Monthly Service Bank Depository Services Monthly Volume Per Item Charge Account Maintenance Fee 4 Debits/Checks 335 Credits 26 Transit Items Deposited 1,904 Returned Items Deposited Fee 7 Redeposit Charge 8 Incoming Wire Transfers 1 Outgoing Wire Transfers 3 ACH Returns 1 ACH Credit 40 ACH Debit 26 Print Analysis Statement 1 Other Base Level Fees(not previously listed) Total Monthly Service Charges $ Required Compensating Balance $ 9 PROPOSAL FOR BANKING SERVICES UNITED CITY OF YORKVILLE Exhibit B — Transactional Volume — Fiscal Year 2012 Bank Depository Services May-11 Jun-11 Jul-11 Aug-11 Sep-Il Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 ADr-12 Account Maintenance Fee 4 4 4 4 4 4 4 4 4 4 4 4 Debits/Checks 390 347 344 377 306 327 369 293 320 280 314 354 Credits 28 24 23 30 27 27 25 25 25 25 29 25 Transit Items Deposited 1,580 2,237 1,707 2,117 1,718 2,103 1,594 1,955 1,912 2,083 1,739 2,098 Returned Items Deposited Fee 5 13 3 14 5 11 3 6 4 9 3 11 Redeposit Charge 3 14 4 21 1 14 4 3 10 8 - 11 Incoming Wire Transfers 1 2 - 1 I - 2 2 - - 1 - Outgoing Wire Transfers 3 11 2 3 - 3 8 2 1 1 1 ACH Returns - 2 - 1 3 1 2 - 2 - 2 ACH Credit 32 44 34 53 31 38 38 44 47 37 43 44 ACH Debit 26 23 23 25 26 23 27 30 23 28 31 25 Print Analysis Statement 1 1 1 1 1 1 1 1 1 1 1 1 10 Investment Policy United City of Yorkville, Illinois 1.01 Police It is the policy of the United City of Yorkville (the City) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. 1.02 She This policy rovers all funds governed by the City Council. It noes not include IMRF or Police Pension Funds, which is governed by other policies, Cash balances from various funds, which are not restricted or special use, may be pooled to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 1,03 Obi live The primary objective, in order of priority, shall be: • Legality: Conformance with federal, state and other legal requirements. • Safety: Preservation of capital and protection of investment principal • Liquidity: Maintenance of sufficient liquidity to meet operating requirements. • Yield: Attainment of market rates of return. Local Considerations: While the City desires to achieve a return at least equal to the Illinois Funds Money Market rate it recognizes the benefits of retaining money within the community for future growth and economic well being. The estimated value of these benefits is either 10 % of the Illinois Funds Money Market rate or .25 % (25 basis points) whichever,is the smaller amount as of the close of the last business day of the week. The portfolio shall be reviewed quarterly as to its effectiveness in meeting the City's needs for safety, liquidity, rate of return, diversification and its general performance, 11 1.04 Standards of Care 1. Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of'their own affairs, not for speculation, but for investment, considering the safety of their capital, as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. The Treasurer or his designees, acting in accordance with this policy and any other written procedures pertaining to the administration and management of City assets and exercising due diligence, shall be relieved of personal responsibility, if any, for credit risk or market price changes of a particular security, provided that deviations from expectations are timely noted and appropriate action is taken to control and prevent further adverse developments. 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Such individuals shall disclose to the Treasurer any material financial interests in financial institutions that conduct business within the City, and they shall further disclose any personal financial investment positions that could be related to the performance of the investment portfolio, In addition, such individuals shall subordinate their personal investment transactions to those of the investment portfolio, particularly with regard to the time of purchases and sales. 3. Delegation of Authority The investment policy shall be administered in accordance with the Public Funds Investment Act (30 ILLS 235) and all applicable State of Illinois statues as well as relevant city codes and ordinances. Oversight of the investment policy is delegated to the Treasurer. Day-to-Day management and administrative responsibility for the investment policy is hereby delegated to the Finance Director_ 12 1,05 Authorized Financial Dealers and Institutions The Finance Director shall maintain a Iist of local financial institutions authorized to provide investment services and provide them with a copy of the City's Investment Policy, All authorized financial dealers and institutions shall, prior to receiving City funds, provide the Finance Director with an affirmative statement that they have read the City's investment policy and agree to conform to its requirements. These institutions shall comply with all qualifications and requirements as set forth in Illinois Compiled Statutes (30 ILCS 235/6) as well as any and all other, laws, statutes, and fiduciary responsibilities not mentioned within this policy. With the exception of the Illinois Funds Money Market Fund and Prime Fund, financial institutions shall have a local presence within the City, unless they are specifically approved by the City Council.. Temporary interim deposits in outside institutions, which also require Council approval, may be permitted to establish bond issues and similar accounts. 1,06 Safekeeping;and Custody I. Securit All security transactions, including collateral for repurchase agreements, entered into by the City, shall be conducted on a delivery-versus-payment (DVP) basis, ,Securities will be held by an independent third party custodian, and evidenced by safekeeping receipts and governed by a written custodial agreement. Funds invested in Repurchase Agreements shall comply with all governing laws including Illinois Complied Statutes 30 ILCS 235/2 (g-h),. 2. Internal Control The Treasurer, working with the Finance Director, is responsible for establishing and maintaining an internal control structure designed to insure that the invested assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The controls shall be designed to prevent the loss of public funds arising form fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets and imprudent actions by authorized investment officers. The system of internal controls and operational procedures shall be documented in writing and made available to individuals authorized to invest funds on behalf of the City. 13 In addition, an annual independent review by an external auditor will be performed, The internal controls shall address the following points, • Control of collusion • Separation of transaction authority from accounting • Custodial safekeeping • Written confirmation of'telephone transactions for investments and wire transfers 1,07 Authorized and Suitable Investments Investments may be made in savings, checking, money market accounts, certificates of deposit and the Illinois Funds Money Marker Fund and Prime Fund. Any other type of investment will require City Council approval. Investments shall be made that reflect the cash Flow needs of the fund type being invested. All investments shall be as authorized in the Illinois Compiled Statutes (30 ILCS 23512 sec 2) regarding the investment of public funds. L08 Investment Parameters I. Collateral ization Funds on deposit (checking account, certificates of deposit, etc.) in excess of FDIC limits shall be secured by the deposit of marketable US. government or other approved securities or surety bonds issued by top- rated insurers, having a value of at least 110% of the deposits. Collateral is required as security whenever deposits exceed the insurance limits of the FDIC. The collateral required to secure City funds must be held in safekeeping and pursuant to written collateral agreements, which would prohibit the release or substitution of pledged assets without proper written notification and authorization of the City Treasurer. Repurchase agreements must also be collateralized in an amount of 105% of market value of principal and accrued interest. Collateral shall be held at an independent—third party institution in the name of the City. The third party institution shall comply with ail qualifications and requirements as set forth in the Illinois Complied Statutes 30 ILCS 23516. All changes in collateral shall be sent to the City Treasurer. 2. Diversification A variety of financial instruments and maturities, properly balanced, will help to ensure liquidity and reduce risk or interest rate volatility and loss of principal. Diversifying instruments and maturities will avoid incurring unreasonable risks in the investment portfolio regarding specific security types, issuers or individual financial institutions, The City shall diversify 14 its investments to the best of its ability based on the type of funds invested and the cash flow needs of those funds, Diversification can be by type of investment, number of institutions invested in, or length of maturity. 3. Maximum Maturities To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the United City of Yorkville will not directly invest in securities maturing more than five years from the date of purchase, Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the finds, 1,09 Reporting; 1. financial Dealers and Institutions Monthly reports shall be provided to the City including: Account#'s, investment description, face value, purchase price, % yield on investment (net of fees), purchase dates, maturity date, custodian, and collateralization, In addition, a rate summary of the entire portfolio shall be provided on a quarterly and annual basis and compared to a benchmark of the Illinois Funds Money Market rates or other appropriate benchmark such as the average three (3) month US,. Treasury Bill return, to determine whether market average yields are being achieved. 2. The Treasurer shall prepare monthly Tr'easurer's report to the City Council and be available on request. The report shall be in a format suitable for review by the public. An annual report shall also be provided to the Council. 1.10 Performance Standards 1. This investment portfolio shall be managed in accordance with the parameters specified within this policy. The portfolio shall obtain a comparable rate of return during a market/economic environment of stable interest rates. Portfolio performance shall be compared to the current Illinois Funds Money Market rate, or other appropriate benchmark such as the average three (3) month US. Treasury Bill return, to determine whether market average yields are being achieved. 2. Marking to Market A statement of the market value of the portfolio shall be issued to the City Council quarterly. 15 l l l Investment Policy Adoption The investment policy shall be adopted by the City Council. The Treasurer shall review the policy within 90 days of the end of the fiscal year and any modifications made thereto must be approved by the City Council. Above referenced statutes may be accessed at: http://www.legis.state.il.us/le�-,,islation/iles/iles.asp 16 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal ❑ CA#9 Finance ESL -� 1836 Engineer ❑ -_� City Administrator ❑ Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ ADM 2012-46 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Treasurer's Report for July 2012 Meeting and Date: City Council —August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE TREASURER'S REPORT-for the period ending JULY 31, 2012 Cash Basis %of %of Revenues YTD Expenses YTD July Revenues YTD Revenues Budget Budget JULY Expenses YTD Expenses Budget Budget General Fund 01 -General 676,334 3,999,719 12,311,109 32% 578,948 2,070,608 11,379,867 18% Special Revenue Funds 15-Motor Fuel Tax 31,043 100,906 454,547 22% 4,723 4,829 573,860 1% 79-Parks and Recreation 139,433 448,155 1,451,447 31% 106,719 301,818 1,506,767 20% 72-Land Cash 6,153 18,204 420,500 4% 17,626 33,844 323,825 10% 87-Countryside TIF 228 686 6,500 11% - 62,429 306,043 20% 88-Downtown TIF 1,510 23,920 70,150 34% 447 3,316 41,500 8% 11 -Fox Hill SSA 91 1,928 3,786 51% 1,338 1,867 4,500 41% 12-Sunflower SSA 58 3,895 7,531 52% 2,854 4,166 9,986 42% Debt Service Fund 42-Debt Service 12,802 193,366 427,144 45% - 65,292 505,370 13% Capital Funds 16-Municipal Building 900 2,850 5,250 54% 600 1,200 - - 22-Park and Recreation Capital 37 961 43,500 2% 208 625 52,500 1% 20-Police Capital 10,803 17,520 29,200 60% 61,229 118,427 60,000 197% 21 -Public Works Capital 6,284 19,318 53,500 36% 9,658 26,223 169,795 15% 23-City-Wide Capital 46,740 127,938 1,303,732 10% 11,280 46,581 1,040,500 4% Enterprise Funds 51 -Water 34,682 609,549 2,801,379 22% 105,332 905,341 3,085,983 29% 52-Sewer 4,557 560,269 1,639,817 34% 93,959 334,355 1,895,210 18% 80-Recreation Center 43,499 141,834 622,500 23% 42,523 170,507 703,633 24% Library Funds 82-Library Operations 15,241 381,766 817,634 47% 50,800 162,147 794,413 20% 83-Library Debt Service 10,604 407,965 797,299 51% - 177,744 795,488 22% 84-Library Capital 0 2,501 16,350 15% 208 631 13,474 5% Total Funds 1,041,000 7,063,250 23,282,875 30% 1,088,451 4,491,948 23,262,714 19% As Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. William Powell,Treasurer Prepared by the Finance Department 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal CA#10 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PS 2012-21 � Police Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Code Amendments—Disorderly Conduct and Drug Paraphernalia Meeting and Date: City Council /August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,ADDING THE OFFENSES OF DISORDERLY CONDUCT AND POSSESSION OF DRUG PARAPHERNALIA TO THE YORKVILLE CITY CODE WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City desires to add the offenses of disorderly conduct and possession of drug paraphernalia to the Yorkville City Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 5, Chapter 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Section 5-3-14to read as follows: "5-3-14 DISORDERLY CONDUCT: A person commits disorderly conduct when he knowingly: (1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or (2) Transmits or causes to be transmitted in any manner to the fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or (3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or (4) Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or (5) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or Ordinance No.2012- Page 1 (6) While acting as a collection agency as defined in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or (7) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or (8) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the MR/DD Community Care Act; or (9) Transmits or causes to be transmitted in any manner to the police department or fire protection district, a false request for an ambulance, emergency medical technician- ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or (10) Transmits or causes to be transmitted a false report under Article II of"An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or (11) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or (12) Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency; or (13) Transmits or causes to be transmitted a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session." Section 2. That Title 5, Chapter 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Section 5-3-15 to read as follows: "Sec. 5-3-15 DRUG PARAPHERNALIA: A. As used in this Act, unless the context otherwise requires: (1) The term "cannabis" shall have the meaning ascribed to it in Section 3 of the Cannabis Control Act (720 ILCS 550/3), as if that definition were incorporated herein. (2) The term "controlled substance" shall have the meaning ascribed to it in Section 102 Ordinance No.2012- Page 2 of the Illinois Controlled Substances Act (720 ILCS 570/102), as if that definition were incorporated herein. (3) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship. (4) "Drug paraphernalia" means all equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act (720 ILCS 55011 et seq.), the Illinois Controlled Substances Act 720 ILCS 570/100 et seq.), or the Methamphetamine Control and Community Protection Act(720 ILCS 646/1 et seq.). It includes, but is not limited to: (a) kits intended to be used unlawfully in processing or preparing cannabis or a controlled substance; (b) diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons; (c) objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items: water pipes; carburetion tubes and devices; smoking and carburetion masks; miniature cocaine spoons and cocaine vials; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes, chillers; or any item whose purpose, as announced or described by the seller, is for use in violation of this Section. B. Unlawful Sale or Delivery of Drug Paraphernalia (1) It is unlawful for any person to keep for sale, offer for sale, sell, or deliver for any commercial consideration any item of drug paraphernalia. The minimum fine for a violation of this subsection shall be $500.00. (2) Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance. The City Attorney may commence an action in the circuit court, in the name of the United City of Yorkville, to abate the public nuisance as described in this subsection. C. Unlawful Possession of Drug Paraphernalia (1) It shall be unlawful for a person who knowingly possesses an item of drug Ordinance No.2012- Page 3 paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use. The minimum fine for a violation of this subsection shall be $500.00. This subsection does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act. (2) In determining intent under this subsection, the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia. D. Exemptions This Act does not apply to: (1) Items used in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale. (2) Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles,baggies, tobacco pipes, and cigarette-rolling papers. (3) Items listed in the definitions of this Section which are used for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this Section. (4) A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act." Section 3. That Section 5-3-1 of the Yorkville City Code, as amended, be and is hereby amended by adding Subsection C. to read as follows: "C. Citation to the ordinance violation of the section of the Illinois Criminal Code adopted in Subsection A above, shall be by citation to Chapter "5-3" with the section number being the same as the section number for that offense in the Illinois Criminal Code." Section 4. That Section 5-3-7 entitled "False Fire Alarms" of the Yorkville City code be and is hereby repealed. Ordinance No.2012- Page 4 Section 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Ordinance No.2012- Page 5 Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,ESTABLISHING MINIMUM FINES FOR ORDINANCE VIOLATIONS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 5/1-2-1 of the Illinois Municipal Code (65 ILCS 5/1-2-1) the City may make all rules and regulations proper or necessary to carry into effect the powers granted to the City with such fines or penalties as may be deemed proper. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 1, Chapter 4, Section 1-4-1 of the Yorkville City Code, as amended,be and is hereby amended to read as follows: "1-4-1 GENERAL PENALTY A. Whenever in this code an act or omission is prohibited or declared to be unlawful or an offense or a violation of this code, or whenever in this code the doing of an act is required or the failure is declared to be unlawful or an offense or a violation of this code, where no specific penalty is provided therefor, the violation of any such provision of this code is hereby declared to be an offense and shall be punishable by a fine of not less than seventy-five dollars ($75.00) and not to exceed seven hundred fifty dollars ($750.00). Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense. B. The minimum and maximum monetary penalty for violations of the following code sections or offenses shall be as follows: Code Section Description of Violation Penalty 5-3-10 Retail Theft $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-3-9 Cannabis $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-3-14 Disorderly Conduct $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense Ordinance No.2012- Page 1 5-4-1(A) and(B) Curfew $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-3-15 Drug Paraphernalia $250 - $500 First offense $500 - $750 Second offense $750 Subsequent offense 5-3-13 Public urination or $100 - $300 First offense defecation $200 - $600 Second offense $300 - $750 Subsequent offense 4-1-5(B)7(b) Weeds, Grasses, Plants or $100 - $750 per lot per day Vegetation: Height 8" or More A second or subsequent offense shall be when committed within 12 months of a prior offense" Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Ordinance No.2012- Page 2 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal CA#11 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ COW 2012-04 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Indemnifying Administrative Hearing Officers Meeting and Date: City Council —August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,IMDEMNIFYING ADMINISTRATIVE HEARING OFFICERS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS,the City created an Ordinance Enforcement Department that is composed of Hearing Officers who conduct administrative hearings of violations of the ordinances of the City (Title 1, Chapter 14 of the Yorkville City Code); and, WHEREAS, the City Council desires to indemnify Administrative Hearing Officers from liability for conduct within the scope of their duties as appointed Administrative Hearing Officers. NOW THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 1, Chapter 6, Section 1-6-10A of the Yorkville City Code, as amended, be and is hereby amended by making the existing text of Section 1-6-10A subsection 1. of Section 1-6-10A and adding a new subsection 2. to read as follows: "2. Hearing officers appointed by the mayor pursuant to Section 1-14-3 shall be entitled to indemnification as provided in this Section." Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2012. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS Ordinance No.2012- Page 1 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2012. MAYOR Ordinance No.2012- Page 2 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal CA#12 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2012-58 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Resolution to Release Closed Session Minutes Meeting and Date: City Council—August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Lisa Pickering Administration Name Department Agenda Item Notes: RESOLUTION NO. 2012- A RESOLUTION TO RELEASE CLOSED SESSION MINUTES WHEREAS, the Illinois Open Meetings Act requires all public bodies to keep written minutes of all meetings whether open or closed; and WHEREAS, the minutes of closed sessions are only to be available after the public body determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping certain minutes confidential; and WHEREAS, every six (6) months, the public body is to determine, in closed session, which minutes may be released for public inspection and which minutes should remain confidential; and WHEREAS, after having reviewed the Minutes of closed meetings, the City Council has determined that but for those minutes itemized on Exhibit "A", attached hereto and made part of, all other minutes of executive sessions shall remain confidential; and WHEREAS, the Corporate Authorities have determined that upon the passage of this Resolution, all the minutes itemized on Exhibit "A" shall be made available for public inspection. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The City Council finds that the Minutes of the closed meetings (executive sessions) as itemized on Exhibit "A", attached hereto, no longer require confidentiality to protect the public interest or the privacy of an individual and are hereby released for public inspection. Resolution No.2012- Page 1 SECTION 2: All other minutes of closed meetings (executive sessions) shall remain closed to public inspection until further direction by this City Council. SECTION 3: This Resolution shall be in full force and effect immediately upon its passage. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI CARLO COLOSIMO LARRY KOT MARTY MUNNS ROSE SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. MAYOR Resolution No.2012- Page 2 EXHIBIT"A" Executive Session minutes to be released: February 23, 2010 September 28, 2010, Session #1 October 26, 2010, Session #2 and#3 December 14, 2010, Session #1 Resolution No.2012- Page 3 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal ❑ Minutes #1 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2012-59 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes for Approval—July 9, 2012 Adhoc Committee for Rec Facility Alternatives Meeting and Date: City Council —August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: COW 8-14-12 Action Taken: Tabled for corrections. Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Minute Taker Name Department Agenda Item Notes: REVISED UNITED CITY OF YORKVILLE DRAFT T Ad Hoc Committee for Recreation Facility Alternatives Committee Meeting City Hall Conference Room Monday, July 9, 2012 Call to Order: Chairman Chris Funkhouser called the meeting to order at 7:00 p.m. Establish a Quorum: Present: Chris Funkhouser, Chairman,Alderman Jackie Milschewski,Alderman Larry Kot,Alderman George Gilson,Alderman Deb Horaz, Park Board Seaver Tarulis, Park Board Amy Cesich, Park Board City Officials Present: Bart Olson, City Administrator Other Guests: Andrew Bobbitt,YMCA Rebecca Mophey,YMCA Brian Weiss,YMCA Tony Scott, Record Newspaper Lisa Peterson,Yorkville Resident Judy Burks,Yorkville Resident Don Burks,Yorkville Resident Citizens Comments: None. Previous Minutes: The minutes from the June 11, 2012 meeting were approved. Motion made by Larry Kot and seconded by Jackie Milschewski. New Business: None. Old Business: Page 1 of 6 YMCA Partnership Options: Alderman Funkhouser stated at the last meeting it was decided the YMCA and the city staff would get together and create a proposal and there is a draft in front of the committee for review tonight. Mr. Bobbitt stated he took an agreement and streamlined it-the numbers still need to be firmed up and it is not yet complete, there needs to be additional discussions. Mr. Bobbitt said a conversation can be started to work out the key points and details in the agreement. Mr. Bobbitt said finances are the next critical thing that needs addressed. Mr. Bobbitt stated Bart Olson and he have had discussions on the budget. Mr. Bobbitt said repairs, damage and equipment replacements would have to be worked out, as to how that would be paid for. Mr. Bobbitt said if there was a surplus or a loss, that would need to be worked out in the partnership. Mr. Bobbitt stated as far as finances, the city needs a number they are looking at per month as a target. He stated different factors could be looked at with water/sewer bills and rent etc. Bart Olson said that target number is $17,500 per month. Bart Olson said this is a basic landlord/tenant agreement. Bart stated currently it is structured for the YMCA to have control over operational expenses, if there is a deficit, the city and YMCA split the difference the same with surplus. Bart said city would be responsible for repairs, which is pretty standard. Bart said the concept on the table is does the city want to give the YMCA operational control to manage the facility. Bart said a new facility could not be paid for based upon the premise there would be no customer base, as there is currently. The REC Center has a revenue coming in to sustain itself. Constructing a new facility would raise taxes and would have to be a referendum. Alderman Kot asked if the city buys the REC Center and agrees the YMCA will manage it, the YMCA can walk away after five years. Alderman Funkhouser said he caught that too and he would not want the city left on the hook for fifteen years. After five years, the members would have the choice to stay with the YMCA or stay with the REC Center, which would be a challenge. Mr. Bobbitt said when this was presented to the board, the board voiced concern about protection. Mr. Bobbitt said the YMCA anticipates a long term relationship. Mr. Bobbitt said it wouldn't make sense to have a five year relationship, but there is a risk and no guarantees, so the board was concerned if it is not in the best interest in the YMCA, we wouldn't want to be locked in for 20 years. Alderman Funkhouser said that is a concern for both sides. Deb Horaz said the maintenance is concerning. Mr. Bobbitt said that needs to be a future discussion for dollar values etc. Brian Weiss asked about the city finances and if there is not money for the facility, how do you have 4 million to purchase the REC Center. Mr. Weiss asked if it makes more sense for the city to put the money into a new facility or put it into a 20 year old building. Mr. Weiss stated if it was him, he would want to partner on something new and not the 20 year old building. Bart said there is an existing budget and an existing customer base and it is about breaking even. Bart said there are risks involved in doing a new facility with unknown expenses and customer base might not follow. Mr. Weiss said the maintenance and repairs will then be on the city. Bart said the city estimated in the budget maintenance costs. Bart said the city is looking at the purchase agreement because there are few variables that will change. Don Burks asked the question if the YMCA takes over programming what happens to the outside Page 2 of 6 programs the REC Center offers. Mr. Burks said a lot of the programs take place outside of the REC Center. Bart said that is for the Park Board and City Council to decide. Bart said it would significantly change the amount of programs that are offered. Mr. Burks asked about a bond to build a new facility for 4 million what kind of tax would the residents be looking at. Bart stated over a 20 year period$100 per year roughly or less. Mr. Burks suggested that could be a possiblity. Mr. Weiss said he feels more people will join a new facility that is state of the art with more amenities. Mr. Burks asked if in November this could be put in the referendum for the people to decide. Bart said the referendum has to be approved by August, but it is possible. Mr. Burks asked if the city can get a bond. Bart said yes it is possible. Mr. Burks said if there is a partnership with the YMCA, the costs would be half. Mr. Bobbitt said the board feels a new facility can provide better services for the community. Mr. Weiss said the board is only at this discussion because they want to do the best for the community. Mr. Weiss said any option beneficial to the city,YMCA and residents is open for discussion. Alderman Gilson said the referendum has been discussed in the past and he thinks the citizens should be able to decide. Mr. Weiss said if the city does this on it's own, and the YMCA opens a new facility, we are competing again. Alderman Kot said the agreement before the committee tonight states the YMCA has no interest in being co-owners on the REC Center. Mr. Bobbitt said yes that is what the board felt. Alderman Kot asked if the YMCA would want to be co-owners on a new facility. Mr. Bobbitt said yes, the board likes that idea, but the finances on the city side was holding back the idea. Alderman Funkhouser said the majority of the council is apprehensive on moving forward on a new facility without the residents deciding. Alderman Funkhouser said the operational partnership seems to not be getting very far. Alderman Funkhouser said to get this on a referendum in November,we will have to work quickly. Alderman Kot said these numbers and location will have to worked out in a very short amount of time. Deb Horaz asked how the 50150 partnership works. Mr. Bobbitt said other cities set it up if they were to part ways, the building could be divided and operated separately. Deb voiced her concerns on who runs what and who pays for things. Lisa Peterson asked how things would work if the members can use all three YMCA's. Mr. Bobbitt said that would have to be outlined in the agreement. The committee voiced concern on partnership. Mr. Bobbitt said he can research more on the 50150 partnerships. Mr. Burks stated he likes the idea of partnering on a new facility. He stated more people that he talks to don't feel it is a good idea for the city to purchase the REC Center. The committee discussed if there is still money owed on the REC Center and if that would be a problem if the city is to purchase the REC Center. Alderman Kot said-asked how other governmental entities, such as the school district, would be affected by the loss of tax revenue since the YMCAs and City are both exempt on taxes, se if the eity paftnefs there will be fie tax feven . Bart said the tax issue will not te affect any governmental body unless they decided to reduce their levy the following years;it would just gets redistributed to the taxpayers. Alderman Kot asked how loosely can we word this on the referendum. Bart said non-binding it can be Page 3 of 6 very loose. Alderman Funkhouser said it could be done. Bart said for a binding one, it would be hard to accomplish in a short amount of time. Bart said there are some city owned properties that are four to five acres that would work for a facility. Alderman Gilson asked if the city can put this on referendum as a 4 million bond to partnership with the YMCA to get a feel of what the residents want. The committee discussed also adding the question of should the city purchase the REC Center onto the ballot so the residents can decide. Alderman Funkhouser said a new facility is 24-30 months to build and the city has one year until the current lease is up. Mrs. Burks said the YMCA could absorb some of the programs for the kids. Mrs. Burks said the membership at the REC Center is more costly for families than the YMCA. Alderman Kot said if the city council agrees to go forward with the referendum, the city needs an agreement with the YMCA that they want to do a joint venture before this is done. Alderman Funkhouser asked if this committee wants to recommend to the council to move forward on this partnership based on the results of the referendum. Mr. Bobbitt said the YMCA board showed interest in this. Bart said there needs to be a dollar amount and potential property tax increase to put on the referendum in the next couple weeks. Amy Cesich said she is confused and asked Alderman Gilson about being against this because of money and now he is in favor of a referendum. Alderman Gilson stated he doesn't want to purchase the REC Center because it is a money pit. Amy asked Mr. Bobbitt if he would purchase the REC Center. Mr. Bobbitt said the YMCA looked at it before and turned it down for many reasons. Amy said new facilities are costly around 8 to 12 million dollars. Amy asked if the YMCA builds a new facility themselves what is their cap? Mr. Bobbitt said that has not been determined yet. Amy said the REC Center has revenue from memberships and from the businesses that rent in the building. Amy said the city has a building that will create revenue for the city. Amy said she doesn't see why the city would want to move forward on the referendum. Alderman Funkhouser said that if we lose any of the tenants at the REC Center, the budget could be blown. Alderman Funkhouser stated that is a big risk the city takes and it is an issue we need to be concerned with. Alderman Gilson stated he would like the residents to decide if they want a REC Center or not. Alderman Funkhouser stated the new facility was always under consideration the city looked at it with the schools. Lisa Peterson stated the residents need to be asked if the city should spend their money. Lisa stated that if she is asked if the city should buy the REC Center, she would say no,but a new facility, she would consider it because she feels the REC Center is not a good investment. Alderman Milschewski asked if the city partners with the YMCA is it okay if the city doesn't have the cash up front. Alderman Funkhouser said there are different options available to the YMCA and the city would have to bond for their part. Deb asked if the city bonds will that keep the city from bonding for things the city would need in the future. Bart said the city is way under the cap, so it would not be a problem. Alderman Kot asked about going to referendum and delaying the decision another few months will this affect the negotiating process with the Walkers. Bart said that is tough to say it might and might not. Bart said Mr. Walker can take offers,but not solicit them. Deb asked what if the referendum gets turned down. Alderman Funkhouser said then the Page 4 of 6 city considers all the other options. Aldefman Ket said if the eity down'* C7,f!eefflent it Walkers, he might have a haftrtime selling this building. Amy asked what will the direction of Parks and Recreation be. Amy said this building encompasses a lot of things, so if we are putting this on referendum, then why not ask the residents if they want a Park District. Amy stated the issue has always been the residents don't want their taxes to go up. Lisa Peterson said she is not comfortable with the private deal with the Walkers, the building is 18 years old, the city already had to put in new air conditioning at the city's expense, and there are issues with the roof. Ms. Peterson said the city needs to get rid of the REC Center all together. Mr. Bobbitt stated the YMCA could provide savings to the city. The REC Center members are fitness based. He said there are duplications in the budget where the city can save money by not operating the REC Center. Mr. Bobbitt said the scholarships can save because as a charity,YMCA can solicit and find those donors and the city doesn't have to provide that. Mr. Bobbitt talked about different amenities that residents wanted in previous surveys and the costs. Alderman Funkhouser said this is a policy decision for the city- does the city want Parks and Recreation or just parks. Alderman Funkhouser said the city will always have parks and as recreation outdoor athletics programs. Alderman Funkhouser said if we don't have the REC Center, it will cause programs and staff cuts. Deb said you will decimate recreation in Yorkville. Mr. Weiss sai4-asked what specificallyDeb thought the residents of Yorkville will not have access to. Alderman Funkhouser said if we don't have the REC Center, the YMCA will build a facility and will offer all of those classes that would be lost. Mr. Weiss said they will offer Zumba, cheer, or whatever the REC offers. Mr. Burks said by partnering with the YMCA it expands programs. Alderman Kot asked about a committee consensus on the agreement before us tonight. Mr. Bobbitt said the YMCA and staff worked together to bring this together tonight. Amy asked what is the YMCA's preference co-manage the REC Center or build a new facility. Mr. Bobbitt said there is more traction by the board to build a new facility and it makes more sense than the old. Mr. Weiss asked if money wasn't an object, what would you rather do buy the old or build new. Amy said of course a new facility would be great, but when the city has a revenue source and can offer all the programs,not cut staff and break even or make a surplus why not use it. Alderman Funkhouser said there are three things we need consensus from the committee on in front of us. First, the proposal in front of us, second, a 50150 venture which means a referendum and recommend to the council to move forward and third, does the city want to look into the numbers on the contract in front of us. Amy said the referendum question depends on details. Alderman Funkhouser said the city will not stop discussions or negotiations. Alderman Funkhouser said for now, we need to decide how we want to move forward. Do we want to take this to council to move forward with a referendum. Alderman Kot said the agreement before us is not in the best interest of the City of Yorkville and he doesn't want to move ahead with it. Alderman Kot does support moving ahead with bringing the referendum before city council provided the YMCA comes back with positive feedback from their board. Alderman Milschewski said she would like to see the results from a referendum. Amy said she agreed with Alderman Kot the agreement before them tonight is not good for Yorkville. Amy said she would Page 5 of 6 like more information for a referendum and then she would agree with doing the referendum. Alderman Funkhouser said it is a general poll. Committee agreed no on the proposal tonight. Committee agreed to move forward on the referendum. Alderman Kot said the contract before them tonight is a high risk because after five years the YMCA can leave.Alderman Kot said if the city is going to buy the REC Center, the city will buy it and run it ourselves. Mr. Bobbitt said if there are things the city doesn't like, it can be negotiated. Alderman Milschewski said if the city buys the building, we already have staff and the city can run it. Alderman Funkhouser said the consensus is to move forward with the referendum and send a recommendation to council to move forward with a non-binding referendum on a joint venture with the YMCA. Adiournment• Motion to adjourn made by Larry Kot and seconded by Jackie Milschewski. Meeting was adjourned at 8:53 p.m. Minutes Respectfully Submitted by: Lisa Godwin Page 6 of 6 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal ❑ Minutes #2 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2012-60 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes for Approval—July 10, 2012 Committee of the Whole Meeting and Date: City Council —August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: COW 8/14/12 Action Taken: Tabled for corrections. Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Minute Taker Name Department Agenda Item Notes: MINUTES OF THE COMMITTEE OF THE WHOLE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, JULY 10, 2012, 7:OOPM Mayor Pro Tern Carlo Colosimo called the meeting to order at 7:OOpm and led the attendees in the Pledge of Allegiance. ROLL CALL �h Ward I Gilson Present Colosimo Present ........, Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present City officials present: City Administrator Bart Olson, City Attorney Kathleen Orr, Community Development Director Krysti Barksdale-Noble, Director of Parks and Recreation Laura Schraw, Treasurer Bill Powell, Chief of Police Rich Hart, Code Official Peter Ratos, Deputy Chief Larry Hilt, Deputy Chief Don Schwartzkopf, EEI Engineer Brad Sanderson, Administrative Intern Jeff Weckbach Other Guests: Lynn Dubajic-YEDC, Steve Lord-Beacon News, Tony Scott-Kendall County Record, Jillian Duchnowski-Yorkville Patch. See also guest lists. Alderman Spears requested an amendment to the agenda and asked that Public Safety P2-2012-17 Animal Ordinance be moved forward. Alderman Colosimo made 2 statements on behalf of Mayor Gary Golinski. There is a vacancy on the Police and Fire Commission and applications are being accepted by the Mayor's Office for consideration. Second, a clarification was made that the Evergreen Produce Stand on Fox Road is not associated with Evergreen Farms Development where bio-solids are being used. CITIZEN COMMENTS Fred DuSell of River's Edge said the weather siren did not warn of recent severe weather. Kendall County Director of Emergency Management Joe Gillespie said the recent microburst came without warning and therefore the siren was not sounded. Minutes of the Committee of the Whole—July 10, 2012—Page 2 of 12 Elizabeth Copeland is a former volunteer with the Fox Valley Wildlife Center and is concerned for children in the County. She said"wild" animals should not be sold. Danelle Banez said she had cared for a wild animal after it was abandoned. She spoke on behalf of Pets One saying she had gotten an animal there and it was an excellent pet. Laura Kirk, intern at the Fox Valley Wildlife Center, received a wild fox from a pet store. For safety of people and eco-systems, wild animals should not be kept as pets. Sheri Rocen, a teacher, stated that the Pets One owners are very well-informed and educate their customers. She said the foxes they sell are raised for captivity and she supports this business. George Gilson, Jr. stated that he supports Pets One, has not been harmed by any animals there and they should be allowed to keep their exotic animals. Karolyn Krall, owner of Pets One, said the foxes in their possession are being re-wilded. The owners are trying to educate people and noted there are 4.7 million dog bites a year. She added that Yorkville Animal Hospital does vaccinate wildlife. Rebecca Wilhelmi, Friends of Kendall County Animals, is a certified dog trainer. She said her group does not believe that wild animals should not be sold,bought or owned. Cory Krall,Pets One owner, said the fox at the Wildlife Center is not wild, but has started to bite and has been removed from human contact. He said the fox does not understand why it is now being caged and being re-wilded. He said cornered animals will attack. He also said that his business goes to great length to educate people and he asked that people stop by his store rather than believing the negative comments being made in the community. His business sees 4,000 to 5,000 customers a month who put money into the local community and his customer base includes people from all over the country. Conservation police approve of his business operation and he asked the Council to please do research prior to any decision. Anna Payton, Kendall County Animal Control, said several calls are received each week about wildlife care and removal. Ms. Payton agreed there are many dog bites each year that must be reported, however, there are not as many wild animals in captivity and therefore no bite statistics. Ms. Payton also said wild baby animals are very different from grown ones. She asked the Council to be proactive in their decision. Ashley Flint, Director of Fox Valley Wildlife, said wild animals such as their teaching coyote are unpredictable. Pets One does educate, but if the City can prevent something bad from happening, they should take action. Michael Hamilton, Pulte Homes sales rep spoke on behalf of the B.U.I.L.D. Program and said his builder has taken more than half of the permits offered under the program. The program has been very successful and people choose Yorkville due to B.U.I.L.D. Minutes of the Committee of the Whole—July 10, 2012—Pa2e 3 of 12 Jeff Fahle said he is a customer and supporter of Pets One and said they educate the public with their extensive knowledge. He said the pets were bred in captivity and any cornered animal can attack. In addition, Mr. Fahle is licensed to own wildlife. Terry Hancock, Community Education Manager for Naperville area Humane Society, said this is not a personal attack on Pets One, but said many people are not responsible pet owners with the animals being caught in the middle. They will not care for the animal for its lifetime. Laura Pawson, Kendall County Animal Control, said wild animals depend on people and cannot be re-released. Animal shelters will not accept them. PRESENTATIONS 1. Blackberry Creek Watershed Study Holly Hudson of Chicago Metropolitan Agency for Planning presented a slide show regarding the Blackberry Creek action plan goals for management and non-source point pollution. Some of the goals are to preserve open space, look at resources and protection of the water. Some funding is available for watershed plans and she offered assistance with any grant applications. She said a resolution of support is in the agenda packet and it has already been adopted by Kendall County, Elburn and Montgomery. Ms. Hudson said the Conservation Foundation had partnered with her organization. (out of sequence) PUBLIC SAFETY COMMITTEE 3. PS 2012-17Animal Ordinance ph "saaaw" Alderman Spears asked to have this item on the agenda after receiving many complaints about the types of animals being sold at Pets One. She is concerned about safety for all residents. She acknowledged that Pets One educates their customers, however, she questioned whether most people really know how to care for such animals. She asked the Council to consider the welfare of customers patronizing this store. She recommended including in the City Code, animals which should not be sold or owned in the City. She suggested that Staff could contact other communities for info on exotic animals. Alderman Munns asked how it would be determined which animals may not be owned or sold. He asked if the Council would vote on each individual animal. The staff at Pets One is fantastic according to Alderman Gilson and he added that they are professional and educate their customers. He said people are sometimes not responsible with any kind of animal and wondered where the line would be drawn. He asked that the Council members visit the store prior to a decision. Pet ownership responsibility, the loss of public freedoms and too much regulation was pointed out by Alderman Funkhouser and he suggested no action at this time. Alderman Teeling said the Council should not be regulating this matter. She added that Pets One educates their customers very well and was surprised there were complaints. Minutes of the Committee of the Whole—July 10, 2012—Page 4 of 12 In an informal vote, Kot, Spears and Colosimo were in favor of having staff research the kinds of wild animals that could be owned or sold and bring that back to the Council. Alderman Teeling, Munns, Funkhouser, Milschewski and Gilson were not in favor of any further action. The consensus of the Council was to drop this matter. MINUTES FOR APPROVAL 1. May 15, 2012 Public Works Committee Alderman Gilson noted a correction on these minutes. Page 3, under"d", should read"Alderman Gilson does oppose this.." Page 4, under"g", last line should read .."something in writing.." Alderman Gilson asked if there was an update available in regards to Alderman Milschewksi's inquiry about the jail and Alderman's Teeling's request about the Riverfront, both from page 6. These minutes will be approved as amended on a motion by Kot and second by Spears. Voice vote approval. 2. June 12, 2012 Committee of the Whole Munns moved and Funkhouser seconded a motion to approve these minutes as presented. Voice vote approval. ECONOMIC DEVELOPMENT COMMITTEE ITEMS New Business: 1. EDC 2012-26 Downtown Business District A business owner has asked the City to create a business district downtown. Attorney Orr said that due to the extraordinary cost of redevelopment, the owner asked for the district, which permits an additional 1% sales tax for a hotel tax. A half percent tax was requested. Some of the buildings do not comply with lot lines and can then be considered to be blighted, qualifying them as a business district. The amount of sales tax would not be more than $20,000. Legal costs incurred will be deducted prior to the business district is in place so that citizens are not paying for this. Mr. Gilson said he is opposed to a TIF and believes the developer would gain a double subsidy. He questioned why the developer was not satisfied with the TIF. Attorney Orr explained that due to decreasing property values, the revenue it would generate would be minimal. It was noted the half percent only applies to prepared food products, not on groceries or drugs. Alderman Munns commented that this is a viable developer, however, the only people to pay extra tax will be those making purchases in the business district. He said the City needs to keep the [redevelopment] momentum going. Commenting on the half percent tax, Alderman Colosimo said it is unique that all the buildings in this business district are owned by one individual. But, he would support an increase in taxes under these circumstances since a significant investment has already been made. Minutes of the Committee of the Whole—July 10, 2012—Page 5 of 12 Alderman Spears cited the example of Harlem-Irving being granted a business district and they later left the area. There are no guarantees,but she felt Mr. Tollefson would continue doing business here. She asked if Countryside could be given a TIF/business district. She said many people will not shop at the Yorkville Kohl's due to the higher tax. She said that would defeat the purpose of establishing a business district. She does not think she would support a business district or grant both a TIF and business district. Alderman Teeling said she would not vote on this matter since she works at Cobblestone. She asked if a business district could be removed at any time, which it can. Attorney Orr said if the matter moves forward, a date must be set for a Public Hearing. She explained the time frame of the required process. Alderman Spears noted a correction in the Resolution from "village"to "City" on page 2. The consensus of the committee was to move this item forward. Alderman Funkhouser and Alderman Teeling abstained. 2. EDC 2012-27 Land Cash Study Economic Development Director Krysti Barksdale-Noble said the City had a land appraisal study done and$30,000 per acre is the new value, which is 70% less than the current level. It was asked that the Council postpone any decision until the Park Board can review. Alderman Colosimo moved and Alderman Gilson seconded, to table this matter until the Park Board can make a recommendation. 3. 2012-28 B.U.I.L.D. Program Extension There have been 24 completed applications. Krysti Barksdale-Noble emphasized that no taxpayer money is used for this program. She said staff recommended 30 more permits be allowed under this program or until June 30, 2013 is reached. Alderman Munns noted that 4 residents moved and built in Yorkville as a direct result of the program and recommended the program for another year. Alderman Gilson voiced his opposition to the program and said that any money refunded to builders is taxpayer money. Builders will eventually come back to Yorkville based on demographics. He asked how it could be proved that the program is a success. An upward trend of building permits as compared to last year, was noted by Alderman Funkhouser. He said it is a good program though there may be other factors affecting. He would support this program moving forward. Mr. Kot said the program creates job and recommended another 30 permits. He said it has received positive publicity and helps the perception that Yorkville is a forward-thinking community. Alderman Milschewski asked how a$5,000 rebate affects the City budget. Ms. Barksdale-Noble detailed the various fee rebates and added that no additional staff money was spent. She emphasized that the program outpaced the normal number of permits issued per month. Without the program she said the City would have lost money and an increased tax base. She has received many calls about the program. Administrator Olson said the City has done a B.U.I.L.D. survey and builders have said the program works! Minutes of the Committee of the Whole—July 10, 2012—Page 6 of 12 Ms. Spears said she initially opposed the program but thanked Kiysti for the initiative and would support it in the future noting the success. This item will move forward to the next consent agenda. 4. EDC 2012-29 Resolution Adopting the Blackberry Creek Watershed Action Plan The committee agreed to adopt this resolution after hearing the earlier presentation and this item will move to the consent agenda. PUBLIC SAFETY COMMITTEE ITEMS New Business 1. PS 2012-I5 Resolution Adopting the Kendall County Multi-Hazard Mitigation Plan There was no discussion and a revised copy will move forward to the next Council consent agenda. 2. PS 2012-16 Lightning Detectors for City Parks There is currently a balance of$52,000 in a fund earmarked only for tornado sirens or lightning detectors, however, the honey cannot be used for replacements or repairs. Staff has recommended spending $41,000 on additional lightning detectors. Ms. Schraw said the proposal is for one base station detector at Bridge Park and one at Raintree Park. The city has full coverage with tornado sirens and the next phase is for coverage with lightning detectors. wwwww' Alderman Gilson asked if other bids had been requested in addition to the one from ThorGuard. No other bids were secured and Alderman Kot pointed out that the city has a history with ThorGuard. This company was also recommended by the Police Department. It was also noted that there is no cost-sharing with the schools at this time. Ms. Schraw will be meeting with the schools next week to discuss. Alderman Spears asked Ms. Schraw to determine the cost of the Guardian emergency notification system. Ms. Schraw also explained how the detectors work and Chief Hart added that the school district's policy is to cease sports activities immediately when the detector is activated. Alderman Milschewski noted that the detector also picks up interference in a certain mile radius that may cause it to activate. The detector is guaranteed within a one-mile radius. A motion was made by Alderman Gilson to table this item back to Public Safety or C.O.W. Chris Funkhouser seconded. Gilson then withdrew the motion for additional discussion. In conclusion, Alderman Kot asked about the length of time it would take to obtain another estimate and also an answer from the schools. He cautioned that something could happen if there are continual delays. This item will move to the Public Safety agenda, not consent, at the next C.O.W. meeting. Minutes of the Committee of the Whole—July 10, 2012—Page 7 of 12 PUBLIC WORKS COMMITTEE ITEMS New Business 1. PW 2012-41 Jay Heap Appraiser Contract— Game Farm Road/Somonauk Street Project Administrator Olson said new appraisals are needed for the land acquisition required for this project. Mr. Jay Heap was present at the meeting and noted that his original contract was for$85,000 at which time all appraisals and reviews were done. At that time, only parcels at the Somonauk intersection were acquired per the engineer. The cost is now higher due to new federal and state guidelines,but funding is available. Alderman Colosimo said the appraisals are only valid for 6 months and the City needs to act. Other Aldermen agreed and this item will move forward to the consent agenda. 2. PS 2012-42 Road Maintenance Update Alderman Gilson asked to have this on the agenda ande hopes to secure more funds for maintenance. Alderman Kot remarked that residents are complaining about potholes and he asked if there is a repair schedule. It will be done on a complaint basis according to Mr. Olson. It was noted that remaining salt money can be used for patching, but requires paperwork and resolutions. It would have to be voted on by July 24th and Mr. Olson suggested by waiting until spring, it would allow more time to prepare the paperwork. Alderman Colosimo also questioned if salt could be purchased at a lower price in the summer. Mr. Olson will discuss with Public Works Director Dhuse. 3. PW 2012-43 Capital Improvement Plan Alderman Gilson asked to have this on the agenda for review. Mr. Olson said the documents included are the plan from last year, analysis from the Finance Director regarding each project in the Plan and a sample capital improvement plan from another community. Staff will draft recommendations. Mr. Gilson asked about $225,000 in the Plan. It is earmarked for"safe route to school", salt space, Rt. 34 bike trail,parkway tree planting program, tree landscaping. He also asked if the City tracks available funding. Certain projects such as shallow well sightings are dependent upon building permits. Mr. Olson also detailed other future projects and their costs. ADMINISTRATION COMMITTEE ITEMS New Business 1. ADM-2012-41 Contractor's Registration and Licensing Committee Chair Spears said a resident had brought forth this item and asked the City to look into this for citizen protection. She said much staff time would be required. Alderman Colosimo said he is opposed to doing this as it may open the City to liabilities and gives false perception that the City approves a given contractor. Alderman Kot, Munns and Funkhouser agree with this opinion. Mr. Munns added that a resident can ask to see insurance and bond information. The committee consensus was to not move forward with this item. Minutes of the Committee of the Whole—July 10, 2012—Page S of 12 2. ADM 2012-42 Biosolid Application Alderman Gilson does not wish to allow biosolid application within the City limits. He said a biosolid is actually sewer sludge that contains contaminants. He quoted articles about biosolids and said he does not want to see Yorkville become a dumping ground. If IEPA awards a permit, the City cannot supersede this according to Alderman Colosimo. Mr. Gilson also said there have been complaints about the odor. Attorney Orr said there are ordinances for smells and that biosolids can be treated to eliminate odors. Since 1995 all annexation agreements have included verbage that states farms and the accompanying operations are a common part of living in Kendall County according to Mr. Olson. Gilson said the City does not have its own regulations for biosolids and Alderman Munns agreed that the City should try to take some sort of action to regulate this dumping. Ms. Orr said the City has a viable agriculture district so the argument would be to not recognize biosolids as a fertilizer and reasons would be necessary. Kot said he would like for the city to take some action, but the city cannot afford the legal bills. Ms. Orr said the City should determine if other cities ban biosolids as fertilizer. Currently there are no reported cases in Illinois or the surrounding states according to Ms. Orr. She said the Council must decide if they are willing to litigate because the city will be sued and would be the test case. Alderman Munns suggested that the City should change the ordinance and `put the ball in their court'. Ms. Orr stated the City would still incur costs. It was noted by Alderman Funkhouser that these types of products are actually sold in home stores for gardens. While it is treated, there is still some odor. Ms. Milschewski commented more research is needed. The general consensus was to do more research at this point and bring it back to the Administration Committee. Old Business: None MAYOR'S REPORT Old Business: 1. CC 2012-48 Home Rule Referendum Resolution Mayor Pro Tem Colosimo said there are only 3 spots available for referendums for the November election. The three current referendums being considered are: 1. Elimination of the Clerk as an elected position (to be appointed) 2. Elimination of the Treasurer as an elected position(to be appointed) 3. Home rule referendum Alderman Milschewski questioned if the Clerk and Treasurer can be considered as one. Ms. Orr commented that the current Clerk has 3 more years to her term. Minutes of the Committee of the Whole—July 10, 2012—Page 9 of 12 Mr. Colosimo asked Alderman Funkhouser to comment on the rec center committee he has chaired, since the rec center could possibly be considered for a referendum. The ad hoc committee met the night before this meeting and discussed a joint venture with the YMCA if the City were to purchase the rec center. That was decided against, however, a joint venture at a new facility was suggested. The cost would be $8 million with each party contributing half. It was noted that the contract with the rec center expires in June and a spring decision would be too late. Alderman Spears said she would like a binding referendum and allow residents to decide. She said people are frustrated because the City does not follow the citizens' opinions. Bart Olson explained that a binding referendum would mean the City has the authority to carry out the decision. Mr. Olson said there are 2 ways to phrase the question on the referendum: 1. Money is being requested for entering into a partnership with the YMCA and then possibly restrict it later by building a facility with the YMCA 2. City want to build a rec facility and will raise taxes. If approved, the City could then go to the YMCA or build it alone. ��{/M. AIM114, Alderman Munns commented that the City has engaged in talks with the YMCA prior to this and felt the City should run their own programs. Kot added that is why such a proposal was voted down—it was felt the YMCA would manage it,but the City would bear the liability. Alderman Funkhouser said this venture would expand opportunities. Alderman Teeling questioned what would happen if the 2 entities did not agree on the terms of managing the facility. She also commented that the irony is that having the referendum will actually raise property taxes if approved. She said that if the City keeps the rec center or gets rid of it, the taxes will not change. Alderman Colosimo said his concerns are the condition of the building, management, etc. He would like the residents to decide. Ms. Milschewski said the people should decide and further stated that the YMCA might become our competitor as they are looking at a new facility Alderman Gilson said the city could spend the same amount of money either continuing with the rec center as they could on a new facility. Cooperating with the YMCA would double the amenities and he added the YMCA could become the competition. Mr. Kot remarked that if the referendum does not pass, it should delay any sale of the old post office as it may be needed. It is also unknown if the rec center owners will want to negotiate with the City. Minutes of the Committee of the Whole—July 10, 2012—Page 10 of 12 There is a resolution for home rule and a decision is needed in 2 weeks to have it placed on the ballot. A final decision must be made and given to the County by August 16. Mr. Kot said home rule and rec center should be on November due to a greater voter turnout in that month with the national election. The other Aldermen agreed. It was noted there is no cost to put issues on referendum. Ms. Orr said if all 3 issues can be put on the referendum, it will be done. Mr. Colosimo added that perhaps the third issue on the ref should be if the rec center should be purchased without issuing further bonds and make it non-binding. 2. CC 2012-49 Ordinance Regarding City Council Procedures An ordinance is proposed to separate the comments section of Council meeting: one at the beginning to discuss agenda items and the other at the end to discuss any issues. Both would have a 5-minute time limit, however, the Council decided against the 5-minute time limit. Mr. Colosimo opposes the ordinance since it contains C.O.W. language and he is opposed to C.O.W. as it is rushed. Ms. Spears agreed and said that C.O.W. meetings require more staff preparation time. Ms. Milschewski agreed and said she would rather have 4 short meetings. Gilson also concurred. Ms. Teeling questioned whether Executive Sessions would be prior to the ending comments. It was thought comments would be prior. Alderman Kot suggested having Executive Sessions. prior to regular meetings since they are short and would eliminate late night meetings when decisions are being made. Milschewski and Munns moved and seconded to table this item to the September 1st Council meeting. Voice vote approval. INFORMATIONAL ITEMS 1. EDC 2012-30 Building Permit for June 2012 2. EDC 2012-31 Building Inspection Report Summary for June 2012 3. EDC 2012-32 Property Maintenance Inspection Report for June 2012 4. PS 2012-18 Monthly Police Reports for June 2012 5. PW 2012-44 Windett Ridge Mowing 6 PW 2012-45 Storm Cleanup Update No discussion on above 7. ADM 2012-30 Verizon Cell Phone Proposal A proposal has been made to switch to smart phones and Alderman Munns asked how many employees really need them and what is the cost of switching providers. It would be evaluated each year according to Mr. Olson and the phones would be budgeted so all key employees have them. Munns said the monthly savings is apparent, but questioned all other charges that might be incurred. 8. ADM 2012-43 Grant Spreadsheeet No discussion. All items except#7, Verizon Cell Phone Proposal, will be moved to the consent agenda. The cell phone plan will be discussed further at the next Council meeting. A ninth item was added to the informational items. It is: Minutes of the Committee of the Whole—July 10, 2012—Page 11 of 12 9. Whitewater Festival Due to low water conditions in the Fox River, Ms. Schraw said this event would be postponed until September(after the 15th). The BBQ and music will be held as scheduled. ADDITIONAL BUSINESS: Alderman Spears had the first 4 items for discussion: 1. Has anyone spoken with the YEDC regarding additional City members on the Board? Bart Olson said they will be discussing this in the future. 2. Are there any updates on the Countryside development and road closings? There are no further development updates, however, some of the roads will be closed with temporary barriers and the roads will be fixed. Alderman Teeling asked about the construction trucks parked there. A bank representative has notified the trucking company that it is private property. 3. Kendall Marketplace has a stop sign m1\14as on the north/south road by Target. 4. Has anything been done abou-t the faded road arrows by Rt. 47 and Countryside? Eric Dhuse will be consulted. 5. Alderman Gilson stated that Alderman Milschewksi had asked about the old jail progress. The Cultural Arts Committee has access to it for small repair jobs, but nothing substantial has been done. It is thought there is a little less than $5,000 left over from Halloween. Bart Olson will check further. 6. Alderman Munns asked who owns the property by the Moose and BP noting that it is full of potholes. It is owned by the Moose and Mr. Munns asked for a report from them. 7. The rusty caboose is still on Hydraulic and Alderman Munns asked about the plans for it. At this point it would be too expensive to move and it was suggested it be sold. 8. Treasurer Bill Powell said he had written a letter to the editor regarding choosing an energy supplier. He handed out a copy. There was no further business and Mayor Pro Tern Colosimo entertained a motion to enter into Executive Session. At 11:15pm it was moved by Alderman Teeling and seconded by Alderman Spears to enter into this session. Roll Call: Gilson-aye, Colosimo-aye, Milschewkki-nay, Kot-aye, Munns-present, Funkhouser-aye, Spears-aye, Teeling-aye. Executive Session concluded at 11:36pm and the regular meeting resumed. Roll call back into C.O.W.: Teeling-aye, Spears-aye, Funkhouser-aye, Munns-aye, Kot-aye, Milschewksi-aye, Colosimo-aye, Gilson-aye Minutes of the Committee of the Whole—July 10, 2012—Page 12 of 12 The regular meeting was adjourned at 11:37pm on a motion by Alderman Milschewski and second by Alderman Teeling. Respectfully submitted by Marlys Young, Minute Taker IIIIINEEN OJES NE :nhh •'•n� u, ;;•hh�b x�L ,. •h R . n k 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes #3 EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-61 Agenda Item Summary Memo Title: Minutes of the City Council—July 24, 2012 Meeting and Date: City Council 8/28/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JULY 24,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Sanderson, Community Development Director Barksdale-Noble,Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Colosimo requested that Item#3 on the consent agenda, (EDC 2012-28),be moved to the regular agenda under the Economic Development Committee Report. Alderman Colosimo also requested that Item#7 on the consent agenda, (CC 2012-56),be moved to the regular agenda under the City Council Report. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Swearing-in of Sergeant—Andrew Jeleniewski Mayor Golinski swore in Sergeant Andrew Jeleniewski. Certificate of Appreciation from the Alliance Against Intoxicated Motorists—Officer Ryan Goldsmith Mayor Golinski presented a certificate of appreciation from the alliance against intoxicated motorists to Officer Ryan Goldsmith for DUI's this year. Knights of Columbus Recreation Scholarship There was no presentation given at this time. PUBLIC HEARINGS REC Center Purchase Robert Brenart,Amanda Lane, came to speak on the value of the Rec Center in Yorkville's community. The Rec Center has been well received by the community. The Rec Center supplies a great service to Yorkville's senior citizens, and the children of Yorkville spend a great deal of time there. He believes, that overtime,the location of the Rec Center will exceed its current cost.He hopes the City can come to some agreement on how to retain the Rec Center for the community of Yorkville. John Holden,Raintree Road,finds it immoral to even discuss buying the Rec Center at this time. This is not the time to be putting money into a Rec Center. He believes the Rec Center should stand on its own as a business. It is not this community's job to support this business.He asks that the Council exercise fiscal constraint at a time when a lot of people are suffering. He asks that the City does not buy this Rec Center. Bill, a resident, stated that the Rec Center may not be large enough to support Yokville's growing community; however, it can be expanded. He stated the City should be proud of providing this facility for its residents and needs to retain the Rec Center. Bob Mayes,Morgan Street,has lived in Yorkville for 50 years and has been a member of the Rec Center since its establishment. He believes the price of$2.5 dollars is reasonable and not too much to offer. He The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 2 of 9 hopes the aldermen find a way to finance this. He is definitely in favor of keeping the Rec Center. He questions the 6%interest and hopes that rate can be lowered to a normal rate for this economy. He understands that there are 1,400 members and about 3,000 total people estimated to use the facility. If the estimate is for$8 million dollars,then it will probably wind up being double by the time the City furnishes the facility. The Council has a tough decision. Diane Fann,resident for 5 years, stated she has been participating in the Rec Center for the last eight years. When she finally decided to try the Rec Center she was treated well. The staff was very friendly and made her feel welcome. They have so many different plans for a person's financial needs. She doesn't mind going and working out even though she is slightly large. The Rec Center has a daycare center. It is more of a community center than a health club. This is one of the only places that she has actually felt welcomed in a very long time. When you have a different body size,people treat you differently, and she would like to say that the Rec Center never treated her differently. The staff is very knowledgeable about machines. The pool is open anytime the center is open. She would like to see the Rec Center kept as is. If it can be improved,that is fine,but she thinks it is worth its weight in gold. Jesus Alaniz, Colonial Parkway, says this is another classic case of what is mine, is mine and what is yours is negotiable. He asked what the Rec Center has done over the years to try and save itself. He asked if this is an emergency and is it worth raising taxes on families that are hurting to save the Rec Center. It is a question of morality. Kendall County failed in an audit for transparent counties. He believes it is time that each level of government starts cutting their budget and leave family budgets alone. LaDon Silas came to talk in favor of the Rec Center. He just started working as a trainer. He is a new resident.He knows health and fitness. He also knows how communities can break down in giving young people a place to go. He believes if the City shuts down the Rec Center,it will end up with a bigger problem.Young people need a place to go, and that is the purpose of community centers. Marti Green,resident,loves Yorkville. She went to the Rec Center and checked it out. The building is old,the roof leaks, and the equipment is rusty. She is concerned about liability, and is asking the City not to purchase the Rec Center building. She believes government should not get involved with a business, and this is not a profitable business. Mark Johnson, Georgeanna Street,wanted to correct a few comments. One citizen stated the City needs a Rec Center for events,but he stated the City doesn't need this building. The City is talking about a building,not programs. Another citizen stated the City would end up spending$8 million. That is wrong. Another citizen stated that the building costs 2.2 million. Mr. Johnson stated the Rec Center is going to cost the City a minimum of$4.5 million.Mr. Johnson is pushing for a property tax reduction across the board for everybody. When talking about the value,he stated his house is overvalued. He thinks everyone can say that the government is saying their house is worth more than it is actually worth today. It is over the selling price. The official Kendall County tax assessors' numbers are based on a third evaluation. They are saying that the department of revenue value on this is $632,521. Do the math and take it times three. They are saying this property is worth$1.896 million. The tax assessors are saying properties are worth more than they are actually worth. That tells him that the Rec Center, at present,is worth less than $1.9 million. The Council is now having a conversation about spending$2.5 to $4.5 million. He believes that buying the Rec Center would be a waste of Yorkville's money. He asked that the Council make sure they look at the value of the property before purchasing the Rec Center. Mike Green,resident, stated the accumulated deficit is going up in the Rec Center. He sees this as a buy out for the Walkers. He is sure that, if the Rec Center were put on a referendum, it wouldn't stand a chance of passing. Common sense says this just isn't a good deal. John Holden,Raintree Road, doesn't know if the Council is aware that there is a Camp Hoover that has a full Olympic size swimming pool. It is unused and free. He doesn't know if Yorkville or the county owns it. It should be considered and investigated before the City does anything else. CITIZEN COMMENTS Terri Hancock,resident, spoke in regards to the ban on selling and owning of wild animals in pet stores. A pet store in town is selling fox and raccoons as pets. She hopes the City reconsiders dropping the selling and owning of wild animals. This has to do with the safety of people. This has nothing to do with spending. It is the Council's job to modify existing ordinances.Wild life cannot be vaccinated because it is illegal to vaccinate wild life against rabies per the Illinois Animal Control Act 30.90F. She and the experts are not making idol talk. They have the law behind them. The law states there is no recognized vaccine approved for use on wild animals. The pet store said they could vaccinate,but the bill law states they cannot. Wild animals cannot be recognized as an official vaccinate for vaccines don't apply to wild animals. The owners have been clearly misinformed of the law. The pet store is passing along some of this misinformation to their customers. Safety at the pet store has already been compromised.People need to be responsible and do the right thing. She said she is not trying to shut down a business. The pet store can still sell other animals. When it comes to wild animals that have no rescues to go to and can't fit into The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 3 of 9 the ecosystem,then it is not right to teach our children to take something from the wild and keep it as a pet. It is her job to teach this. If the Council decides to rewrite an ordinance,there is information on exactly how to do it. She asks that the Council reconsider and think about the benefit and safety of the community. Mark Johnson, Georgeanna Street, said there are aldermen on the Council that he thinks highly of. He wanted to specifically thank Alderman Gilson publicly for his service to Yorkville. Alderman Gilson votes his principle and Mr. Johnson believes that every Council member should try to live up to that. Lynn Dubajic,YEDC, gave an update on Push for the Path.Push for the Path hit their$100,000 goal on July 12,2012. There are now 100 power of one teams. As of this day,Push for the Path has collected $107,000 on behalf of the Kennedy Road multi-use path. The golf outing will be held on August 11, 2012, at Blackberry Oaks in Bristol on Kennedy Road. They anticipate raising about$30,000 more. By year end,Push for the Path hopes to have $150,000 collected. CONSENT AGENDA 1. Bills for Payment- $1,095,200.46(CC 2012-50) 2. Treasurer's Report for June 2012 (CC 2012-51) 3. Resolution 2012-17 Adopting the Blackberry Creek Watershed Action Plan—authorize Mayor and City Clerk to execute EDC (2012-29) 4. Resolution 2012-18 Adopting the Kendall County Multi-Hazard Mitigation Plan—authorize Mayor and City Clerk to execute (PS 2012-15) 5. Game Farm Road/Somonauk Street Project—Jay Heap Appraiser Contract&MFT Appropriation Resolution 2012-19—authorize Mayor and City Clerk to execute (PW 2012-41) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Funkhouser; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye, Gilson-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—June 26,2012 (CC 2012-52) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for June 26,2012 as presented. So moved by Alderman Colosimo; seconded by Alderman Spears. Alderman Milschewski had two corrections. A motion was made by Mayor Golinski to approve the minutes as amended. Minutes approved unanimously by a viva voce vote. REPORTS Mayor Golinski stated there are two items for Mayor's Report. Both are for collective bargaining agreements between the officers and the sergeants. Mayor Golinski stated that the Council needs an executive session before voting on these. Mayor Golinski said the Council will move these reports to the end of the meeting after executive sessions. The Council will come out and take action on these two contracts. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2012-21 Extending the New Residential Construction Incentive Program by Amending Ordinance Number 2012-03 (B.U.I.L.D.Program) (EDC 2012-28) Mayor Golinski entertained a motion to approve an ordinance extending the new residential construction incentive program by amending ordinance number 2012-03 (B.U.I.L.D. program) and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Funkhouser. Alderman Colosimo does not support the build program. He believes the Council needs to focus on an idea of giving incentives to individuals buying houses currently built and vacant. He appreciates new home construction for it is a positive benefit to the City,but he believes the City's focus is misdirected on new construction.Mayor Golinski thinks the City should do both. Alderman Munns agrees with Alderman Colosimo that the Council should try to come up with a solution for the vacant houses. The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 4 of 9 Alderman Gilson does not support the build program. He read an email from Lisa Peterson in regards to the build program. Motion approved by a roll call vote. Ayes-5 Nays-3 Teeling-aye, Gilson-nay,Kot-aye, Munns-aye, Spears-nay, Colosimo-nay,Funkhouser-aye,Milschewski-aye PUBLIC SAFETY COMMITTEE REPORT Lightning Detectors for City Parks (PS 2012-16) Mayor Golinski entertained a motion to table this item to the August 14,2012, Committee of a Whole meeting. So moved by Alderman Milschewski ; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Gilson-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye ADMINISTRATION COMMITTEE REPORT Resolution 2012-20 Approving a Contract for Garbage,Refuse,Recycling and Yard Waste Collection Services with Veolia ES Solid Waste Midwest,LLC (ADM 2012-32) Mayor Golinski entertained a motion to approve a resolution approving a contract for garbage refuse; recycling and yard waste collection services with Veolia ES solid waste Midwest,LLC and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Alderman Colosimo is very happy with the new garbage contract. It provides the same high quality that the citizens of Yorkville are used to. This new contract is a slight reduction from the City's old contract. Mayor Golinski stated not only are there reductions in costs,but now the City has more options in regards to container size.Alderman Milschewski also wanted to echo what Alderman Colosimo stated for she agrees with him. Motion approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye PARK BOARD Park Board Recommendation on REC Center and Referendum Questions. (CC 2012-55) Mayor Golinski said the Park Board forwarded some recommendations on the Rec Center and referendum questions. City Administrator Olson stated it is most appropriate to talk about this under referendums. PLAN COMMISSION Ordinance 2012-22 Approving Amendments to the Yorkville Zoning Ordinance Providing for Indoor Shooting Ranges as Special Uses and for the Manufacturing of Firearms and Ammunition as a Permitted Use (PC 2012-03) Mayor Golinski entertained a motion to approve an ordinance approving amendments to the Yorkville zoning ordinance providing for indoor shooting ranges as special uses and for the manufacturing of firearms and ammunition as a permitted use and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Mayor Golinski stated this was approved unanimously at Plan Commission. Alderman Gilson has a concern with the issue of 50 feet for a gun range from a residential property. Community Development Director Barksdale-Noble stated due to zoning it is really about 90 feet distance.With all the inspection requirements and standards that the gun range has to have makes the distance greater than what most distances are for this type of facility. Alderman Gilson believes this distance for a gun range is too small. Alderman Colosimo disagrees with Alderman Gilson. The standards that are set for building a gun range in the State of Illinois are very stringent. Fifty feet is more than what is needed. If there is a problem with a gun range, it should be shut down. Based on the building standards that are required for the State of Illinois,Alderman Colosimo has no issues with 50 feet away. Alderman Funkhouser doesn't have a problem with the 50 foot distance. He mention the location of the range at an end unit. He would like this limitation removed. Community Development Director Barksdale-Noble stated this was an option that was brought up for the Plan Commission. There was concern by the district about having units that are interior with other offices spaces on each side.A gun range would be more easily accessible from an end unit. She gave an option to the Plan Commission of an end unit with the range on the side or to stand alone in the business district. The Plan Commission chose to have it on the end unit. They felt more comfortable from the information they received. Alderman Funkhouser asked if there were statistics provided for that decision and there were none. There was a specific incident that was related to the Plan The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 5 of 9 Commission about a gun range that had a fire. Alderman Spears would support leaving it on the end unit, especially if the fire district recommended it. She wanted to know the distance between the homes and the driving range that is on Route 47. City Administrator Olson stated it is between 220 and 250 yard. Alderman Spears stated there were a lot of problems with the residents living in the area and having golf balls hit their homes. She believes a bullet would go a lot faster. Community Development Director Barksdale-Noble stated the facility that Alderman Spears is referring to is an outdoor facility. This would be an indoor facility. There are protections in place which are called buffering. There are different levels of buffering which have to be in place.No penetration is supposed to happen in this facility for there are layers. The speed is decreased each time it is passes through a layer. Alderman Gilson was also concerned about the noise but he was told that these facilities actually have their own noise requirement for both inside and outside the facility. Alderman Kot asked why these two issues were put together under one ordinance. He feels there are two separate issues.He has no problem with the indoor shooting range. His issue is with the manufacture and sale of the firearms and ammunition. Community Development Director Barksdale-Noble discussed that the initial request from the business owners was to do the manufacturing of the ammunition. She felt it was better to look at this issue holistically. If this is permitted in a certain district then they would receive a FFL level 7 which is a federal fire arm. Anything that is permitted on a level one then a level six is permitted. Alderman Kot said when mentioning fire arms,that also means assault weapons are included. He cannot support this issue.Alderman Colosimo stated weapons can be bought in Yorkville.When manufacturing guns is mentioned,it means the City would be taking different components of guns and customizing them. When there is a gun range, it is customary that they sell guns and ammunition. Alderman Colosimo is a big supporter of the second amendment and welcomes having a gun range in Yorkville.He will be supporting this ordinance. Motion approved by a roll call vote. Ayes-6 Nays-2 Munns-aye Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-nay,Kot-nay ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT November Referendum Questions (CC 2012-56) a. Resolution Providing for the Submission to the Electors a Referendum of Whether the City Should Issue General Obligation Bonds for the Purpose of Constructing a Recreation Facility Mayor Golinski entertained a motion to approve a resolution providing for the submission to the electors of the United City of Yorkville,Kendall County Illinois, a Referendum of whether the City should issue general obligation bonds for the purpose of constructing a recreation facility and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Kot. Alderman Gilson commented that Mr.Walker intends to litigate against the City to prevent the community from voting on this important issue, and questioned whether the City is considering doing more business with Mr.Walker. Alderman Gilson asked what it meant when the memorandum stated the purchase of Club 47 will receive precedent. City Attorney Orr said the purchase of Club 47 will receive consideration. Alderman Gilson asked what mortgages and loans are on that building. City Attorney Orr stated whatever mortgages and loans are on the building would have to be removed if the City were to acquire it.Alderman Gilson discussed the partnership with the school district and how in the past he was told that was impossible. He hopes the City looks into this partnership.Alderman Gilson asked how Mayor Golinski wants to address the referendum questions.Mayor Golinski prefers to do them all at the same time. He sees problems with both of the referendum questions. The City is in no position to issue$4 million in bonds. Alderman Spears stated if the Council does a referendum question she would like for it to be made a binding question. She believes the residents of Yorkville need all the information before voting. She would be in favor of having a referendum question and leaving it up to the citizens of Yorkville to vote. Mayor Golinski asked if any of the Council members were in favor of asking residents to issue$4 million in bonds. Alderman Kot stated that putting this on the ballot is not saying he is for this issue. He is saying for the people to decide. This should go on the ballot.At first,Alderman Colosimo agreed with Alderman Kot,but the more he thought about it the more concerned he became. Having both of those options on the ballot the people may question which they want; A or B. He doesn't want A or B, and doesn't want to give the impression that these are the only two choices. Everyone has been telling him how all the residents want this Rec Center. He thinks it needs to be put on the ballot with the terms so all the residents know the terms. If it passes,the City gets the Rec Center. He is against purchasing the Rec Center,but if 51%of the residents vote to buy the Rec Center,then he will keep quiet.Alderman Funkhouser explained how these options came about through the ADHOC Committee meetings. He believes the Council should clarify whether they want to give the citizens choices or is the Council truly looking for input. The intent of the referendum is to seek input.Alderman Milschewski agrees with Alderman Colosimo. She believes it is going to be confusing if the Council puts two similar things on the referendum. On the first resolution,the City is not in the position to go forward, so why give that illusion. The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 6 of 9 The second resolution should be put to a vote for residents to decide.Mayor Golinski stated the only problem with the second resolution is the Council needs an answer on this issue before November. If the Council waits until November then Yorkville's staff does not have enough time to make plans for programming, and the current business owners don't get enough time for a transition. It is too late if the Council waits till November. Alderman Munns said to put one item on the referendum with the terms. He would like it to be binding. Alderman Teeling agrees that it would be very confusing. She wanted to clarify that the City is not paying$700,000 a year for the Rec Center. The City is getting in$600,000 plus in revenue, and the City is paying$22,000 to cover the difference. She also agrees that it would be about $4 million to purchase the Rec Center and not$2.5 million. Alderman Teeling is not in favor of putting a referendum on the ballot asking for$4 million in bonds to be released. She thinks that it is ridiculous. Alderman Gilson stated the City is not in the position to issues $4 million in bonds or in the position to spend$4 million to purchase the Rec Center. He believes the second resolution should be put on the ballot as a referendum with the terms so the people can decide. City Administrator Olson wanted to clarify that if the Council does approve a bond referendum to sell$4 million worth of bonds,it would be possible to sell them. The issue is that the City would have to raise property tax to pay for them. That is part of the referendum question.Alderman Colosimo doesn't think that the $4 million bond is a legitimate question. The Council should focus on the question that has a legitimate chance to go on the ballot. The question is: should the City purchase the Rec Center without issuing any additional bonds and with the terms to make that purchase.As far as the transition period is concerned,the Council will know if this passes in the November election. If the City keeps the Rec Center then he is sure the Walkers will work with the City on the transition. If the residents determine that they do not want to purchase the Rec Center then the City has a 7 month window. The question is important enough for the residents to decide. Mayor Golinski stated the City does not have terms yet. City Attorney Orr stated the City has not finalized terms. She suggests that the Council has a cap in the language written and that it must be paid for by the revenue stream that it generates. The reason she suggests this, is not so the citizens shouldn't be informed but because there are many terms. She agrees that if this goes on the ballot that the Council needs to get out and get all this information out to the public. If the public says yes then they would know what it could possibly cost. City Attorney Orr stated the transparency is not to put an amount and interest rate. Alderman Spears believes the residents need to know the terms and details. She feels including the purchase price and the cap is very important to Yorkville's residents. Alderman Kot believes the question should be asked how the Rec Center compares to the cost of a new facility. He would like both questions put on the ballot. Alderman Gilson is fine putting both questions on the ballot as long as the terms are listed. He believes a cap should be added. Residents do need to know the sales price and interest. Alderman Funkhouser stated the principle and interest puts the City over$4 million. The Council doesn't need to put interest if a do not to exceed is put on the question. That is a solid do not exceed number. The interest or principle payment could be higher or lower. It gives the City room on its terms or negotiations. It gives the City a cap.If the City puts a new facility referendum on the ballot for$4 million dollars then he is sure the residents would choose a new facility over an old facility. He wants input from the residents,but the City must be clear on what the numbers are.Alderman Colosimo stated option two for the non binding question should stated: Should the United City of Yorkville purchase a Rec Center to operate a public recreation facility for an installment purchase contract payable with revenues generated from its operation. The City should add: generated from its operation in the general fund. It can come from the City's general fund or it can come from revenue. If the residents want the City to purchase it then the City will dip into the general fund. Alderman Munns stated it comes down to should the City give resident's recreational activities going forward. Can the City afford to provide these activities?The question needs to be worded so it is clear what the voters are voting on,what the costs are, and how the City is going to pay for it. Alderman Gilson stated most citizens don't know what the general fund is. Let's address this one at a time. He wants to make sure the City definitely has the sale price,the interest percentage and a do not exceed as part of the referendum question.Also have it a binding question. Mayor Golinski stated the motion on the table is for A. He called for a roll call on the first resolution. Motion failed by a roll call vote. Ayes-1 Nays-7 Spears-nay, Colosimo-nay,Funkhouser-nay, Milschewski-nay, Teeling-nay, Gilson-nay,Kot-aye,Munns-nay b. Resolution 2012-21 Providing for the Submission to the Electors a Non-Binding Referendum of Whether the City Should Buy the Rec Center Mayor Golinski entertained a motion to approve a resolution providing for the submission to the electors of the United City of Yorkville Kendall County Illinois a Non-Binding Referendum of Whether the City Should Buy the Rec Center and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Kot. Alderman Spears stated this should be a binding referendum. Mayor Golinski stated the Council can amend it. Alderman Kot stated the Council is voting on a non-binding referendum. If it is voted down, can the Council turn around and vote for a binding referendum?City Administrator Olson asked City Attorney Orr if this particular question can be made a binding referendum. City Attorney Orr stated this The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 7 of 9 particular question cannot be made a binding referendum. The Council could agree to abide by the majority vote. Alderman Colosimo moved to amend the motion for the question to read: Should the United City of Yorkville purchase the Rec Center to operate as a public recreation facility through an installment purchase contract at a purchase price not to exceed$2.5 million and an interest rate not to exceed 6%; seconded by Alderman Gilson. Mayor Golinski called for comments or questions on the motion to amend. Alderman Munns had a question on the amount that was put in the amended motion. Alderman Gilson was concerned about the statement not to exceed 6%. He wanted to see the terms. Alderman Colosimo said to get this on the referendum,the Council has to decide tonight. City Administrator Olson stated the deadline is mid August. Alderman Colosimo stated the Council will not have another vote until after August 16th. City Administrator Olson stated a City Council meeting can always be scheduled.Alderman Funkhouser understands that a cap is listed at 6%cap,but he would rather it be just a capped fixed number. Mayor Golinski stated roll call on the motion to amend making it 2.5 million not to exceed 6%. Motion approved by a roll call vote. Ayes-5 Nays-4 Colosimo-aye,Funkhouser-nay,Milschewski-aye, Teeling-nay, Gilson-nay,Kot-aye,Munns-aye, Spears-nay, Golinski-aye Mayor Golinski stated now back to the original amended motion. City Attorney Orr stated the language of this should say: should the United City of Yorkville purchase the Rec Center to operate as a public recreation facility through an installment purchase contract at a purchase price not to exceed$2.5 million with interest not to exceed 6%percent. Alderman Colosimo stated that is acceptable. City Administrator Olson stated to City Attorney Orr's earlier point, since it is not a binding referendum,the Council members could act prior,the day of, or after the referendum. It is purely at the Council's own discretion. City Attorney Orr stated the Council is voting on a non binding referendum with the language stating: installment sales contract at a purchase price not to exceed$2.5 million,with an interest rate not to exceed 6%per year. Mayor Golinski said the Council should put the number of years on there. City Attorney Orr stated the City will do a maximum of twenty year installment contract. Alderman Milschewski said this is a yes or no question. Alderman Gilson stated there is no way the City has enough technology, ability and manpower to educate all the voters. Alderman Milschewski thinks it is up to the voters to educate themselves. Alderman Colosimo called the question on the original motion as amended; seconded by Alderman Munns. City Attorney Orr asked if the twenty year is in or out of the amendment. City Attorney Orr read the question. Should the United City of Yorkville purchase the Rec Center to operate as a public recreation facility through a twenty year installment purchase contract at a purchase price not to exceed$2.5 million with interest not to exceed 6%per year? Mayor Golinski stated roll call on what City Attorney Orr just stated. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-aye, Colosimo-aye,Funkhouser-nay,Milschewski-nay, Teeling-nay, Gilson-aye,Kot-aye,Munns-aye A Resolution Providing for the Submission to the Electors a Referendum of Whether the City Should Become a Home Rule Municipality (CC 2012-48) Mayor Golinski entertained a motion to approve a resolution providing for the submission to the electors a referendum of whether the City should become a Home Rule municipality and authorize the Mayor and City Clerk to execute. Mayor Golinski immediately stated that before this was pulled off the agenda he was going to ask to have this withdrawn. He would like to wait another year before addressing this issue. Mayor Golinski entertained a motion to table indefinitely. So moved by Alderman Colosimo; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye CITY CLERK'S REPORT No report. The Minutes of the Regular Meeting of the City Council—July 24, 2012—Page 8 of 9 CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT Agency On Aging Alderman Spears reported on the Agency on Aging. (See attached). STAFF REPORT Music And Wine Night City Administrator Olson said this coming Friday is Music and Wine Night at Town Square Park for the City's Music under the Stars. The Yorkville Big Band is playing from 5:30 to 9:00 p.m. National Night Out City Administrator Olson stated on August 7,2012,Yorkville is having National Night Out in Town Square Park from 6:00 to 8:00 p.m. ADDITIONAL BUSINESS Appointment Of City Clerk And Treasurer Alderman Milschewski brought up the of having a referendum eliminating the City Clerk and Treasurer from being elected. She asked if that question could be put before voters. Mayor Golinski stated the only way that can happen, since it is not on the agenda,is to have a special City Council meeting before the COW. There is time before the next election to put that question on the referendum. Mayor Golinski stated it could be done in April. Fox Hill Alderman Munns and Public Works Director Dhuse discussed Fox Hill sinking sidewalks. Alderman Gilson's Resignation Alderman Gilson announced that he has taken a job transfer. He will be resigning his alderman position effective August 1, 2012. This will be his last meeting with the Council.Mayor Golinski thanked Alderman Gilson for his service to his community. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of: 1. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 2. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye, Gilson-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 9:19 p.m. The City Council returned to regular session at 9:25 p.m. MAYOR'S REPORT Collective Bargaining Agreement between the Illinois FOP Labor Council Representing Yorkville Patrol Officers and the United City of Yorkville (CC 2012-53) Mayor Golinski entertained a motion to approve a collective bargaining agreement between the Illinois FOP Labor Council representing Yorkville Patrol Officers and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye Collective Bargaining Agreement between the Illinois FOP Labor Council Representing Yorkville Sergeants and the United City of Yorkville (CC 2012-54) The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 9 of 9 Mayor Golinski entertained a motion to approve a collective bargaining agreement between the Illinois FOP Labor Council representing Yorkville Sergeants and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye, Spears-aye ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Milschewski. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:27 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois 0 CIP Reviewed By: Agenda Item Number „. J� ¢ �► Legal ❑❑ Mayor#1 Finance ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2012-62 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Appointment of Ward 1 Alderman—Ken Koch Meeting and Date: City Council—August 28, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Gary J. Golinski Name Department Agenda Item Notes: Honorable Mayor Golinski, Recently I learned of current Ward 1 Alderman Gilson's announcement of his resignation as of August 1, 2012. 1 am interested in your consideration for this appointment to complete the remaining time of his current term. I feel that I would be able to give a voice on behalf of the residents of Ward 1 regarding current and future issues. I want to assure that Ward 1 residents receive just consideration concerning all city matters. Qualifications: • Able to work with current City Council, Mayor, and City Staff. • Ready to take action on issues and concerns of Ward 1 constituents. • Reliable and able to solve problems by working with city staff following the appropriate chain of command. • Trustworthy, approachable, and team player. Experience: • Fermi National Accelerator Laboratory, Technical Specialist, 30 years of service. • Park Board Member and current President, 12 years of service. • Yorkville Resident, Ward 1, 13 years at current residence. • Managed Aurora Raiders Girls Fastpitch Team (14U, 16U, and 18U), 5 years. • AFSA Secretary, 5 years. • Various involvement with Yorkville youth athletics. (NI Reds, YYBSA board& coach), Yorkville Parks &Rec. Basketball Coach. Education: • Springfield Local High School (New Middletown, OH), College Prep. • ATES Technical Institute (Niles, OH), Associate Degree in Electrical Engineering Technology In conclusion, I realize that you will have numerous options to fill this open position but I believe that I would be the best candidate based on my previous experience working with city staff as well as current aldermen to ensure a seamless transition. Thank you for your consideration in advance. Regards, Kenneth Koch ,SAD Co. Reviewed By: Agenda Item Number i �Z 001% Legal ❑ Mayor#2 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ CC 2012-63 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Regarding City Council Procedures—Meeting Schedule Amendment Meeting and Date: City Council—August 28, 2012 Synopsis: Proposal to amend meeting schedule. Council Action Previously Taken: Date of Action: 4/24/12 Action Taken: Approved ordinance establishing a reduced meeting schedule during the summer months Item Number: City Council#1—CC 2012-36 Type of Vote Required: Council Action Requested: Submitted by: Mayor Gary J. Golinski Name Department Agenda Item Notes: D Cll o Memorandum s EST. - 1836 To: City Council {O L _` From: Lisa Pickering, Deputy Clerk o � p CC: �dAC-,Ty '= Date: <LE ��~ Subject: Procedural Ordinance Amendment regarding Meeting Schedule Mayor Golinski has added this item to the agenda at the request of Alderman Funkhouser. Ordinance Number 2012-09 was previously approved at the April 24, 2012 City Council meeting. This ordinance established a reduced meeting schedule during the summer months of June, July, and August by eliminating the individual Administration, Economic Development, Public Safety and Public Works meetings and wrapping them into one Committee of the Whole meeting. The ordinance also reduced the City Council meetings from two per month to one per month. Alderman Funkhouser is proposing an amendment to the procedural ordinance that would allow for two Committee of the Whole meetings and two City Council meetings per month. He is proposing the Committee of the Whole meetings would be conducted on the first and third Tuesdays and the City Council meetings would be conducted on the second and fourth Tuesdays of each month. As with the summer meeting schedule,the individual Administration, Economic Development, Public Safety and Public Works meetings would be eliminated and would instead be wrapped into the Committee of the Whole meetings. Red-lined Version Ordinance No. 2012- AN ORDINANCE REGARDING CITY COUNCIL PROCEDURES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS,the City Council of the United City of Yorkville first passed a Procedural Ordinance on November 8, 2011 as Ordinance 2011-65, and revised said ordinance on April 24, 2012 as Ordinance 2012-09; and, WHEREAS,the City Council of the United City of Yorkville, in accordance with the Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City ordinance; and, WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS,the City Council has discussed implementing additional procedures to supplement Roberts Rules of Order regarding City Council meetings and the four standing committees of the City Council—Administration, Economic Development, Public Safety and Public Works. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Procedures for City Council Meetings: a Dtifing the months of September-through Ma-y, City Council Meetings shall be regularly scheduled to convene on the 2nd and 4th Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. Fef the menths of jene, ittly, and Ordinance No.2012- Page 1 August, City Couneil Meetings shall be regularly seheduled to convene on t b. No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held. This provision may be waived by a supermajority of the City Council. c. City Council meeting agenda items may be added by the Mayor, consent of four (4) aldermen, or direction from a committee. d. The Mayor shall preside over City Council meeting as the Chairman, unless the Mayor is unavailable, at which time the Mayor Pro Tem shall preside. e. The City Council shall appoint the Mayor Pro Tern at the first City Council meeting each May. The appointment shall occur by calling for open nominations at the meeting, and then a roll call votes on the nominations. Section 2. Procedures for Committee of the Whole Meetings: a leg—the—months of Rine, Tiny,—and August-Committee of the Whole meetings shall be regularly scheduled to convene on the 1St and 3rd2!'d Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. b. Committee of the Whole agenda items may be added by the Mayor or any alderman. b c.The four standing committees of the City Council — Administration, Economic Development, Public Safety, and Public Works will discuss their agenda items during the Committee of the Whole meetings. mod.Each section of the Committee of the Whole meeting shall be presided over by the respective Committee's Chairman, or in the absence of the chairman, by the vice-chairman. Vie.The intent of the Committee of the Whole is that each agenda item is discussed by the City Council as a whole, prior to its movement onto a subsequent City Council meeting (as directed by the Mayor or any four aldermen). Section 3. Procedures for Standing Committees of the City Council Committee Meetings: Feplarly held menthly, at the dates, times and le pr-eved by the Committees. b-.a.The Mayor shall be a non-voting member of all standing committees. gib.The Mayor shall select committee rosters at the first City Council meeting in May following a municipal consolidated election(i.e. every two years). Ordinance No.2012- Page 2 4-.c.Committee rosters may be switched by mutual,unanimous consent of the aldermen trading seats and the Mayor. e.d.The Mayor shall select committee chairmen and vice-chairmen. Any alderman may add any agenda item to any committee agenda. gf.Chairmen shall select liaisons to other organizations and boards by any means they deem necessary,provided that the other organizations by-laws may govern the selection of the liaison. li,g_The four committees shall be: i. Administration ii. Economic Development iii. Public Safety iv. Public Works i-.h. Each committee shall be presided over by its chairman, or in the absence of the chairman, the vice-chairman. there is a not a quemm of the members pr-esent, or there are no agenda ite lei. When moving items from the committee agenda to a City Council agenda, the committee shall make a recommendation whether that item should be on consent agenda or the committee's report. If on the committee's report, the committee shall make a recommendation whether the item is up for first reading, or is on the City Council agenda for action. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2012. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS Ordinance No.2012- Page 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2012. MAYOR Ordinance No.2012- Page 4 Clean Version Ordinance No. 2012- AN ORDINANCE REGARDING CITY COUNCIL PROCEDURES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS,the City Council of the United City of Yorkville first passed a Procedural Ordinance on November 8, 2011 as Ordinance 2011-65, and revised said ordinance on April 24, 2012 as Ordinance 2012-09; and, WHEREAS,the City Council of the United City of Yorkville, in accordance with the Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City ordinance; and, WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS,the City Council has discussed implementing additional procedures to supplement Roberts Rules of Order regarding City Council meetings and the four standing committees of the City Council—Administration, Economic Development, Public Safety and Public Works. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Procedures for City Council Meetings: a. City Council Meetings shall be regularly scheduled to convene on the 2nd and4th Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. Ordinance No.2012- Page 1 b. No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held. This provision may be waived by a supermajority of the City Council. c. City Council meeting agenda items may be added by the Mayor, consent of four (4) aldermen, or direction from a committee. d. The Mayor shall preside over City Council meeting as the Chairman,unless the Mayor is unavailable, at which time the Mayor Pro Tem shall preside. e. The City Council shall appoint the Mayor Pro Tern at the first City Council meeting each May. The appointment shall occur by calling for open nominations at the meeting, and then a roll call votes on the nominations. Section 2. Procedures for Committee of the Whole Meetings: a. Committee of the Whole meetings shall be regularly scheduled to convene on the 1St and 3rd Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. b. Committee of the Whole agenda items may be added by the Mayor or any alderman. c. The four standing committees of the City Council — Administration, Economic Development, Public Safety, and Public Works will discuss their agenda items during the Committee of the Whole meetings. d. Each section of the Committee of the Whole meeting shall be presided over by the respective Committee's Chairman, or in the absence of the chairman, by the vice-chairman. e. The intent of the Committee of the Whole is that each agenda item is discussed by the City Council as a whole, prior to its movement onto a subsequent City Council meeting (as directed by the Mayor or any four aldermen). Section 3. Procedures for Standing Committees of the City Council: a. The Mayor shall be a non-voting member of all standing committees. b. The Mayor shall select committee rosters at the first City Council meeting in May following a municipal consolidated election(i.e. every two years). c. Committee rosters may be switched by mutual,unanimous consent of the aldermen trading seats and the Mayor. d. The Mayor shall select committee chairmen and vice-chairmen. e. Any alderman may add any agenda item to any committee agenda. Ordinance No.2012- Page 2 f. Chairmen shall select liaisons to other organizations and boards by any means they deem necessary,provided that the other organizations by-laws may govern the selection of the liaison. g. The four committees shall be: i. Administration ii. Economic Development iii. Public Safety iv. Public Works h. Each committee shall be presided over by its chairman, or in the absence of the chairman, the vice-chairman. i. When moving items from the committee agenda to a City Council agenda, the committee shall make a recommendation whether that item should be on consent agenda or the committee's report. If on the committee's report, the committee shall make a recommendation whether the item is up for first reading, or is on the City Council agenda for action. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2012. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2012. MAYOR Ordinance No.2012- Page 3 Reviewed By: Agenda Item Number 606 Legal 0 EDC #1 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development EDC 2012-33 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Aurora Area Convention and Visitors Bureau(AACVB) Agreement Meeting and Date: City Council —August 28, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 2007 Action Taken: Extension approved Item Number: Type of Vote Required: Majority Council Action Requested: Discussion and direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 22, 2012 Subject: Use of tourism dollars LLE�% Summary Consideration of AACVB agreement extension, private contract with a local company for public relations and tourism services, or other methods for use of tourism dollars. Background This agenda item was discussed at the Committee of the Whole meeting on August 14th. At that meeting, the City Council expressed interest in a shorter term AACVB agreement, a proposal from a local media company, and an explanation of Oswego's use of tourism dollars. Chris Hamilton, Director of the AACVB, was set to ask his board for a 2-3 year agreement extension this week. At time of packet creation, we had not received word from him. The local media company is meeting with Mayor Golinski after packets are finalized, and he has indicated that he will have a verbal update at the City Council meeting. I spoke to Steve Jones, Village Administrator in Oswego, about their use of tourism dollars. They have two hotels in town, a Holiday Inn Express and an AmericInn Lodge, and a 3% hotel tax (same as ours). Their hotels generate $60,000 in taxes per year. Of this $60,000, they spend about $30,000 on a salaried employee (this dollar figure actually represents about half of the employee's salary—she splits duties between tourism and public relations). The other half of the hotel taxes get spent on programming and events. Examples of Oswego's recent expenditures includes purchasing space in the Illinois Visitor's Guide, leasing space in the tourism kiosks in the Oases on the Illinois interstates, purchasing contracts for shuttles to and from their hotels and local events (Beer on the Bridge, Wine on the Fox, etc.) and waiving entrance fees for out-of-state guests attending Oswego events. Mr. Jones stated that they bring the hotel managers and owners to the table each year to discuss different event and tourism ideas. I hope to speak with the Oswego hotel managers later this week, and have their feedback for you at the City Council meeting. Recommendation The AACVB agreement is included in this packet for your reference. If the AACVB is amenable to a reduction in terms, we can amend the agreement verbally at the meeting, or the City Council could table the item for two weeks. If the City Council decides to proceed in a different direction(either with the local company, or through in-house expense similar to Oswego), staff requests this item to be tabled to a future meeting. SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT THIS SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amendment") made effective the 15th day of December 2012 by and between the cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano"), Sandwich (hereinafter "Sandwich") and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter "Big Rock"), Montgomery (hereinafter "Montgomery"), North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all being municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH: WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter the "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended by the Municipalities referenced therein extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December 15, 1997; and WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 1997 through December 15, 2002, which was subsequently joined by Plano; and WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and WHEREAS, effective December 15, 2007, a Fifth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2007 through December 15, 2012; and WHEREAS, the Municipalities have agreed to a Sixth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2012 through December 15, 2017. NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1. That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2012 through December 15, 2017 as between all of the Municipalities. 2. That except as set forth in this Sixth Amendment and in the prior Amendments thereto, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. 1 IN WITNESS WHEREOF, the parties hereto have caused this Sixth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY, a municipal corporation ATTEST: Village Clerk Village President UNITED CITY OF YORKVILLE, a municipal corporation ATTEST: City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH, a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 2 R 1?o .. 9 CITY OF YORKVILLE RESOLUTION AUTHORIZING AGREEMENT TO JOIN AURORA AREA CONVENTION AND TOURISM COUNCIL WHEREAS , on December 15 , 1987 , the City of Aurora, and the Villages of North Aurora, Sugar Grove and Montgomery entered into a certain Intergovernmental Cooperation Agreement relative to promoting travel , convention and tourist activities in each of their respective jurisdictions ; and WHEREAS , the City of Yorkville deems it advantageous to join the City of Aurora, Villages of North Aurora, Sugar Grove and Montgomery in their participation with the Aurora Area Convention and Tourism Council , an Illinois General Not-for-profit Corporation. NOW, THEREFORE, be it resolved by the Mayor and the City Council of the City of Yorkville , Kendall County, Illinois , that the City of Yorkville participate with the City of Aurora, Villages of North Aurora, Montgomery and Sugar Grove in the promotion of travel, convention and tourist activities , as well as supporting and joining the Aurora Area Convention and Tourism Council , an Illinois General Not-for-profit Corporation. In addition, the Mayor and the Village Clerk be and are hereby authorized to prepare the appropriate agreement to join the previously executed Intergovernmental Cooperation Agreement by and between the City of Aurora and the Villages of North Aurora, Sugar Grove and Montgomery. In addition, under the aforementioned Intergovernmental Cooperation Agreement, the City of Yorkville is required to adopt an appropriate ordinance imposing a tax in the nature and of the type described by Section 8-3-14 of the Illinois Municipal Code , to wit: A tax upon all persons - 1 - engaged in the City of Yorkville in the business of renting, leasing or letting room in a hotel , as defined in "The Hotel Operators, Occupation Tax Act" ( 1ll . Rev. Stat. 1987 , ch. 120 , par . 481b. 31 et seq. ) . PASSED by the City Council of the City of Yorkville, Illinois this ]],� --2nd day ofctf, 1990 . _ y& Clerk y Clifford Jahp YES Larry B. Small YES Robert Fey YES William Radke YES Ralph Pfister YES James Hayden YES Gary Bown YES Dennis Fahrlander YES APPROVED, by me as I44yor of the it y of Yorkville , Kendall County, Illinois, this -day of N 1990 . ,Mayor Robert E. Davi son r . 2 - LAW OFFICES OF 1107A SOUTH BRIDGE STREET DANIEL J•KRAMER YORKVILLE,ILLINOIS 60580 TIMOTHY J.MCGANN (708)563.9500 FAX:(708)5535784 October 12, 1992 Mayor, City Clerk and Aldermen City of Yorkville 610 Tower Lane Yorkville, 1L 60560 To Whom it May Concern Enclosed please find a copy of the Intergovernmental Cooperation Agreement that needs to be executed Thursday night at the regularly scheduled City Council meeting to continue our enrollment in the Fox Valley Tourism Council. 1 would like someone to make a motion to approve entry into the agreement Thursday night. Secondly, we should discuss when we get back to a Committee of the Whole meeting what action to take against the one hotel in town which has steadfastly refused to fill out any reports and make any contributions according to the ordinance that we passed in regard to the Tourism Council. V y truly yo s, Daniel J Tamer Attorney at Law DJK/mh Enc. - -_- u - z - ` ` L. rt w v F F I C E S D K R A M.E,R. F 0 OCT 12 '92 11:08 DSH&T LRW FIRM p,214 Z=fi J v Ii.Bh=NTA< <"QQ=,!TrQN a nr.Y.Q JrNT 1 THIS 1NTERGOVRRNMENTAL COOPERA17ION AGREEMENT made the „ day of , 1992 by and between the cities of Aurora (hereinafter "Aurora") and Yorkville(h=ViWW "Yorkville") and the Villages of North Aurora (hereinafter "North Aurora"), Sugar Orave (hereinafter "Sugar Grove*), Montgornery (hereinafter "Montgomery") and Oswego (hereinafter "Oswego"), all municipal corpomdons of the State of Jilinoix (sornetimes collectively referred to herein as the "Municipalities"). WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 and. the lntargovarnmental Cooperation Act (111,Rev.Stat. 1989, Ch. 127, par. 741 et sN.) allow governing bodies to enter into agreements involving a variety of authorized projects; and WEMEAS, Aurora has a population Of more than 25,000 persons and is dweforo, a home rule unit under xubsectaion (a)of Secdon d of Article VII of the Minois Constitudon of 1970; and WEE LEAS, subject to said Section, a home rule unit may exercise any power and perform arty function partaining to its government and affairs for the protection of the public health, safety, morals and welfare; and SAS, North Aurora, Sugar Grove, Montgomery, Oswego and Yorkville are munidpalities authorized by section 8-3-14 of the Illinois Municipal Code (M,Xay.Stat. 1989, Ch. 24, par. 8-3-14) to exercise the powers and functions hereinafter described; and WEMMAS, the Aurora Area Convention and Tourism Council, an Illinois general not for-profit corporation (hereinafter "AACTC") has since December 13, 1997 utilized a certain funding plan hereinbelow described for the purposes of expanding participation in a grogram of travel, convention and tourist bureau activities; and WHEREAS, said program, in conjunction with the Greater Aurora Chamber of Commerce and State Pond matching, has been determined to be in the great interest of the citizens of the Municipalities for its many advantages to economic development, continued area revitalization and increased social prosperity; and WHEREAS, Aurora,North Aurora, Sugar Grove and Montgomery on December 15, 1987 entered into an Intergovernmental Cooperation Agreement (hereinafter "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville and which by its terms is to expire on Dmember 15, 1992; and I 1 O 1 2. 92 02 SLAW OFFICES D KRAMER WHEREAS, the Municipalities desire to extend the lntcrgovernmental Agreement as set forth herein; NOW, THEREFORE, the Municipalities, in cOnsideradon of the below stated mutual covenants, do each hereby and herein agree as follows: 1. Each of the Municipalities herein shall initiate alI proceedings noressary to the adoption of, modltication of existing ordimaes, if nemsuy, and Shall thenceforth adopt, an 8ppr0p'ate OAK=ce irttp03& a tax in the nature ud of the type described in Section 8-3-14 of the Illinois Municig Cade, whether authorized by Camstitutioual home rule powers or the zuthmty of said Section, as applicable' to wit: a tax upon all persons engaged in such municipality in the business Of renting, leasing or letting room in a hates, as defined in "The hotel Operators' 0=upadon Tax Act,, (III.Rev.Stat 19$9, Ch. 120, par. 481b.31 et seq.). 2. Said taxes shall be imposed under conditions and Provisions in the Mature and of thb type described by said Section 8.3-14,, regardless of imposidOa authority applicable hereinunder, except as otherwise he2v4n specify, 3. Said taxes shall be at a rate of 3% of the gross remal receipts as further dews-bed and conditioned by said Section 8-3-14. 4. The revenues from said tuft shall be devoEed to the promotion of tourism and conventions or otharwise to aM2rt non-reidant Overnight visitors, by the following disbursement: a minimum of 4496 of all revenues shall be given over to AACTC and the remaining amount of up to 10% shall be individually retained by the taxing Municipalities. S. This Intergovernmental Cooperation Agreement shall continue in full force and effect for a period beginning on the 15th day of Dwember, 1992 and expiring on the 15th day of December, 1997. 2 IN WI'T'NESS WE EOF, the parties hereto have cause[ this Intergovernmental Cooperation Agreement to be execatcd by their appropriate officers as of the date first above written. CITY OF AURORA,a Municipal corporation A'I"rF�S'T city Clock Mayor VILLAGE OF NORTH AURORA, a Municipal corporation AT'T'EST: Village Cark Village Pry 4dcnt VILLAGE OF SUGAR GROVE, a Municip4 corporation AT'T'EST: Village Clerk "pillage Pmident . VX AGE OF MONTGOM$RY, a Municipal corporation A'i'IES Village C1GrY Village President CITY OF YORKVILLE, a Municipal corporation ATIEST; City Cietk Mayor VILLAGE OF OSWEGO, a Municipal corporation ATTEST: Village Clerk ViUge President 3 FIFTH AMENDED INTERGOVERNMENTAL. COOPERATION AGREEMENT for the Aurora area Convention and Visitor's Bureau THIS FIFTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amendment") made effective the 15th day of December, 2007, by and between the cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano"), Sandwich (hereinafter "Sandwich"), and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter "Big Rock"), Montgomery (hereinafter "Montgomery"), North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH: WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December 15, 1997; and WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities extending the term thereof from December 15, 1997 through December 15, 2002, which was subsequently joined by Plano; and WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and 1 WHEREAS, the Municipalities have agreed to a Fifth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2007 through December 15, 2012. NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1. That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2007 through December 15, 2012 as between all of the Municipalities. 2. That except as set forth in this Fifth Amendment, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation. ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a Municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a Municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY, a Municipal corporation ATTEST: Village Clerk Village President 2 UNITED CITY OF YORKVILLE-, a Municipal corporation AT_ TEST: t� DEPul City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH, a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 3 Reviewed By: Agenda Item Number J� 0 Legal ■ EDC #2 Finance ❑ EST. -� __ti 1838 Engineer ■ -- City Administrator ■ Tracking Number m Human Resources F-1 C�"Sad `=Q Community Development ■❑ EDC 2012-36 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Kendallwood Estates Development Agreement Amendment Meeting and Date: City Council August 28, 2012 Synopsis: Summary of a request for an amendment to the existing development agreement for Kendallwood Estates subdivision. Council Action Previously Taken: Date of Action: 8-14-12 Action Taken: Committee of the Whole Item Number: EDC NB #4 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Department Name Department Agenda Item Notes: See attached memo. Memorandum EST. `' 1836 To: Committee of the Whole From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator a��o�ry o2 Brad Sanderson, EEI <LE ��'� Date: August 22, 2012 Subject: Kendallwood Estates—Amendment to Development Agreement Request: An application has been filed with the City of Yorkville by the contract purchaser of the Kendallwood Estates subdivision, Imperial Investments, LLC, seeking to amend an existing development agreement for the property with consideration to reduce and/or release certain letters of credit currently held by the City for the development from approximately $2 million to roughly $300K. The proposed reduction, if approved, would also stipulate that upon application of a building permit or approval of a revised development plan,replacement letters of credit or bonds in an amount equal to the current cost of construction will be required. Since there is no requested zoning change or new land use proposed, a public hearing is not required for this petition. However, as a courtesy and as requested by the Committee of the Whole, staff has sent notifications to the property owners located within 500 feet of the subject property via postal mail of the petition and the meeting time and date when this request will be discussed by the City Council. Background: The Kendallwood Estates property, located just south of Van Emmon Road and east of Route 47, was annexed into the City in 1978 and zoned within the R-2 One Family Residence District. In 2006, the City entered into a development agreement with the property-owner at that time, Kendall Land Development LLC, to develop the approximately 50-acre parcel. The Final Plat of Subdivision for Kendallwood Estates development was approved by the City Council in 2007 and depicted 83 single- family lots with a portion of the development included in the Downtown Yorkville Tax Increment Finance (TIF) Redevelopment Project and Plan area. Although infrastructure such as streets, stormwater management basins, water mains and other utilities were subsequently constructed in this development, no homes were ever built. In June 2009, Kendall Land Development, LLC, requested to rezone the property from R-2 to PUD to allow for a mix of residential product including single family detached and duplex units. The PUD request did go through Plan Commission public hearing, Park Board and Green Committee review, and EDC consideration; however, the application for Preliminary PUD Plan and Final Plat has been on hold since October 2009 pending additional information from the developer. Since that time, Staff has learned that the property was foreclosed upon and is currently in the possession of Castle Bank who has been actively marketing the property for sale. Current Site Conditions/Proposed Reductions: As mentioned previously, some improvements have been constructed within the development. The city's engineering consultant, EEI, has recently performed an overall punchlist of the site and has developed probable cost estimates associated with the outstanding items (see attached). Based upon the engineer's analysis, the work that remains to be completed for the original subdivision development plan is greater than the current value of two (2) letters of credit totaling $2,047,993.54. The table below provides a breakdown of the improvements proposed for LOC reductions, inclusive of the current letter of credit amount,updated preliminary cost estimate prepared by EEI and proposed reduction amounts. 1 Current Preliminary Cost Petitioner Reduced Cost Item LOC Estimate(EEI) Proposed Estimate Description of Amount Reduction Reduction Sanitary Sewer $73,708.43 $39,494.00 $0 $39,494.00 Improvements Storm Sewer $0 $90,705.00 $0 $90,705.00 Im rovements Water Main $60,459.68 $35,050.00 $0 $35,050.00 Improvements Offsite Water Remove Main&Storm Installation of Sewer(Van $671,188.00 $794,300.00 $790,000.00 $4,300.00 Rte. 126 Water Emmon&Rte. Main 126) Improvements (Item No.42) Roadway, Remove All Striping& $418,984.85 $358,100.00 $358,100.00 Items(Item No. Signage Items 43-61) Miscellaneous Remove All Items $153,649.50 $509,143.00 $509,143.00 Items(Items No. 62-65) Landscaping Remove All Items $490,026.08 $650,000.00 $650,000.00 $0 Items(Items No. 66-73 Retaining Walls $0 $138,700.00 $0 $138,700.00 --- Earthwork $179,977.00 --- $0 $0 --- TOTAL $2,047,993.54 $2,615,492.00 $$2,307,243.00 $308,249.00 The Petitioner proposed reduction would set the preliminary cost estimate at $308,249.00. Therefore the LOC security would be 110% of this cost at $339,073.90. The current LOCs totaling_approximately $2 Million could be reduced to roughly$300K should the request be approved. Following are brief comments from the engineer regarding the current condition and reasoning for or against a proposed LOC reduction for each item listed above: Sanitary Sewer: There are outstanding punchlist items associated with the sanitary sewer. If the site sits dormant for an extended period of time, the list will undoubtedly grow. Staff is also concerned about the inflow/infiltration associated with the site if the sewer remains connected to the existing system. Therefore, we do not recommend a reduction in LOC for this item. Storm Sewer: There are outstanding punchlist items associated with the storm sewer. Staff has concerns that if the site is not stabilized with erosion and sedimentation control, the storm sewers could fill with sediment and ultimately fill the stormwater management basins. For this reason, we do not recommend a reduction in LOC for this item. Watermain: There are outstanding punchlist items associated with the watermain. Staff has concerns about the constant need to flush the system to preserve water quality if the watermain remains connected to the system. In addition, there was to be an off-site watermain with this project to complete the looping which never was constructed. Therefore,we do not recommend a reduction in LOC for this item. Offsite Watermain &Storm Sewer: Most of staff's concerns regarding the watermain and storm sewer are also applicable to the offsite watermain and storm sewer. However, staff is willing to 2 recommend a substantial reduction of$790,000.00 of this LOC item as the Rte. 126 Watermain Improvements can be completed as part of a future development. Roadway, Signage &Striping Items: There are several outstanding items associated with the roadways, including several items that have not been installed, such as sidewalks and street lights. Additionally, if the main roadway, which now only has a binder course and in poor condition, is not covered soon it will have to be completely replaced. The developer is seeking to release all security related to this item totaling$358,100. Although this roadway is proposed for future dedication to the Cites public street, it is currently not accessed by the ,general public as a vehicular thoroughfare. Therefore, it may possible to release the security in full and require a future developer to make any necessary repairs and post the required security at a future date. A recommendation for a partial reduction of$12,500.00 related to the construction of the Rte. 126 entrance could be supported by staff, as this can be completed as part of a future development. Miscellaneous Items: The miscellaneous items are primarily related to the installation of the retaining walls for the development and debris accumulated on the property. A substantial amount of the retaining wall has been installed; however, the portions that are there currently are in need of immediate repair (staff addresses this item under "Retaining Walls" below). Since the owner has agreed to remove the miscellaneous debris and make repairs to the existing retaining wall, staff is willing to recommend full release of the $509,143.00 designated to this item as part of the LOC. Landscaping: The landscaping for the site has not been installed per the approved plan. However, the landscaping is not critical to the proposed dormancy of the site and maybe revised as part of a revised or new development plan. Therefore, staff is willing to recommend a full release of the $650,000.00 designated to this item as part of the LOC. Retaining Walls: This item was initially included in the "Miscellaneous Items" of the original Engineer's Estimate of Cost. However, as part of this analysis it was separated out and made its own line item due to the number of outstanding items for completion or repair,particularly areas of the retaining wall which have begun to fail. Therefore,we do not recommend reducing this LOC item. Earthwork: This item covers the entirety of the site and address the erosion control and sedimentation control concerns referenced to previously. Therefore, staff does not recommend reducing this LOC item. Current Bond/LOC Reduction Policy Deviations: The city's current subdivision security reduction policy for bonds or Letters of Credit(LOC) is to retain twenty percent (20%) of the value of substantially completed items and 110% of uncompleted items, in addition to applying an inflation factor based upon the Engineering News Record Construction Cost Index (Ord. 2009-40). The proposed request would deviate from this policy by allowing a reduction of over 80% of the current LOC from $2,047,993.05 to $339,073.90 without substantial completion of those items, and a full release of security for items not yet constructed. 3 Staff Comments: The items listed above are land improvements required to have subdivision security in place to guarantee their completion and any punchlist work associated with them. While this request deviates from our current policy, there is precedent of partially reducing and releasing letters of creditsibonds for residential developments in Yorkville where public improvements have yet to be installed, as evidenced in the recently approved amended annexation agreements for the Grande Reserve development in 2011 and the Blackberry Woods subdivision in 2010. These amended annexation agreements were done in an effort to spur development so that the properties currently held by financial institutions can be positioned for sale and eventually redeveloped. Although staff concerns remain regarding the full release of the approximately $350K in LOCs value for roadway improvements to be dedicated to the City at a future date, should the City Council approve the Petitioner's request as presented, there is the added provision that stipulates the LOC items reduced or released would be required to post new securities in an amount equal to the current cost of construction upon application of a building permit or approval of a revised development plan to protect the City's interest. Should the City Council favor the requested LOC bond reduction for the Kendallwood Estates development as proposed by the Petitioner, the City Attorney will draft an amended Development Agreement detailing the proposed LOC reduction for consideration at an upcoming meeting. Staff will be available at Tuesday night's meeting to answer questions from the Council. 4 m `�°ddare r _ Ydraulic AlT s j=` Van.Emmon - Rid Fox r in t • � � Orange '�s"`"*"'��, � ;r: f � ° - . . }- Y * f Olsens" Rodak V. i Proposed Retaining Walls (Typ.) Walt I y - \ A ■ ,.,�..Colonial Off-Site Water Ail chO%o4se Main , ' 'ka �. Beaver R� _ Route 126 Entrance tv 5fff3:'# Our ' o°'. 0 200 400 B r F,- ,Wolf *: Feet Engineering Enterprises,Inc. United City of Yorkville DAM: MGUSTN12 wxOJECTNO.: KENDALLWOOD ESTATES a 52 Wheeler Road 800 Game Farm Road voizos LOCATION MAP Sugar Grove,Illinois 60554 Yorkville,IL 60560 BY KKR UNITED CITY OF YORKVILLE (630)466-6700 (630)553-4350 R ATM:NIGIEPUBUgYORK ILM0121Yo105 KENDALL COUNTY,ILLINOIS www eeiweb.com http://www.yorkville.il.us nBE NORTH 15 United City of Yorkville } 800 Game Farm Road EST, ' Yorkville, Illinois 60560 (n y Telephone: 630-553-4350 -- .�� Fax: 630-553-7575 PC# APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Date of Submission: Z-� A e,S 1. Name of Petitioner(s): L L� Individual SS# or Company Tax ID# Address: 1 -25 Phone Number: Email Address: Relationship of Petitioner(s)to subject property: XOwner 0 Developer a Contract Purchaser 2. Name of holder of legal title, if different from#1: (a— �71�CJ If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: LZA 3. a). Street address an physical cation of subject property: L� l Z� � b). Legal description of property; attach as Exhibit"A". A� � c). Total Acreage: J r d). Kendall County Parcel Number(s)of property: LN i 1 /1 �t a O Qiyb C.dia.+l,P iv e). Current Zoning Classification: .- f). Zoning Classification Requested if changing zoning: Page 15 of 5 United City of Yorkville Amend AnnexationTUD Application Revised: 4.14.04 16 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) 5. Date of Annexation or PUD Agreement sought to be amended: CL$ Seas.,a5 Name of Agreement: v Date of Recording: 17-r,0--1. Attach a true and correct copy of agreement as Exhibit"C 6. State the items to be amended from the existing annexation or PUD agreement. -TQ lA�-e— -6 Ajl t►ac.l� ,1 a cti 'L 7u tUr'1��A 4 op-,t,— O—AA*w _ }-uLrIAI z-41 --��r�,B 1 ll��yvvtou"L.J�' DZ15 C�� X,.k.., , 7 '�e v� o�ae r<,in-s PI&A S-h Q>►J� ralble- 7. Contact Information: Name, address, phone number,fax number, and email address of person to whom inquiries regarding this petition may be directed: Lx,.,5 W)'// 1 LOX zf- Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner. Name: TIM Address: Phone Number: Fax Number: Email Address: Page 16 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 17 9. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b.Appropriate filing fee(Please refer to page 4 of this application "Petitioner Route, Step 1, Fees and/or contact the Community Development Department for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10'x 13°envelope d. One CD containing PDFs of the signed application,exhibits and site plans. The legal description and amendment(draft)documents should be in word.doc format. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner( ignature: (All legal property owners of record signatures must appear on this application.) Subscribed and sworn to before me this 36 day of JLjLq 204 12— Notary Seal THIS APPLICATION MUST BE NOTARIZED. OFFICIAL SEAL STEVEN 0 ANDERSON Notary Public-Slate of Illinois My Commisslon Expires May 4.2015 Page 17 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 18 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees`and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,to allow timely review by City. 'Fees: 1. a. Annexation/PUD Amendment-$500 b Deposit for outside consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs(i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly;they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Commission : The Plan Commission meets the 2nd Wednesday of the month at 7:00 p.m. at the Yorkville Public Library, 902 Game Farm Road. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. For a public hearing, the petitioner shall complete and submit to the Community Development Department the application with a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Before this amendment can move forward to the Economic Development Committee, a'draft* Amendment to the Annexation or PUD Agreement must be written. Step 3: Economic Development Committee: The Economic Development Committee meets the first Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Economic Development meeting where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 4: City Council: Meetings are held the 2nd and 4"'Tuesdays of each month at 7 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Page IS of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 19 Agreement: I understand and accept all requirements,fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 Game rm Road,Yorkville, Illinois 60560. Signature of Petitioner Date: Page 19 of 5 United City of Yorkvilie Amend Ann"ationTUD Application Revised: 9.14,09 Filed for Record in KENDALL C'OUNM ILLINOIS STATE OF ILLINOIS PAUL ANDERSON M-18-2007 AF 02-55 cn. ss ORDINANCE 41.01 COUNTY OF KENDALL ) RHSF Surcharse 10.0ti ORDINANCE NO. 2006-AA!J AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR KENDALLWOOD ESTATES WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Development Agreement pertaining to the development of the real estate described on Exhibit"A' attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, all the statutory procedures for the execution of said Development Agreement have been fully complied with; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Page 1 of 2 Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part thereof. Section 2: That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK Ln JOSEPH BESCO VALERIE BURD jt"�s PAUL JAMES DEAN WOLFER _ MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ac day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _ ,QL,e day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 2 of 2 KENDALLWOOD ESTATES DEVELOPMENT AGREEMENT This Agreement is made and entered into this -20-14 day of September, 2006 by and between Kendall Land Development, LLC, an Illinois limited liability company (hereinafter referred to as "Kendall Land") and the United City of Yorkville, a municipal corporation (hereinafter referred to as "City") (collectively referred to as the "Parties") regarding the development of the real property located on the north side of Illinois Route 126 generally between Illinois Route 71 and Illinois Route 47 in Yorkville, Illinois (hereinafter referred to as "Kendallwood Estates"). RECITALS WHEREAS, Kendall Land is the owner and developer of Kendallwood Estates; and WHEREAS, Kendall Land has petitioned the City for final plat approval for Kendallwood Estates; and WHEREAS, the City desires that Kendallwood Estates have access onto Route 126 through a parcel of property immediately to the south known as Woodstone Development (hereinafter referred to as "Woodstone") prior to the occupation of any dwelling units on Kendallwood Estates. NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follow: I . The recital paragraphs set forth above are hereby incorporated into and made a part of this Agreement. 2. The City will grant final plat approval for Kendallwood Estates prior to the construction of the access road across the Woodstone Development parcel. 3. Kendall Land shall work with the owner of the Woodstone Development parcel in order to obtain a temporary construction and emergency access easement off of Illinois Route 126. Said access shall be established to remain until such time as the permanent access is complete. 4. The City shall not issue any occupancy permits for any dwelling units constructed in Kendallwood Estates until the access road across the Woodstone Development is constructed, providing access from Kendallwood Estates to Illinois Route 126. 5. Kendall Land or any builders may construct model homes in Kendallwood Estates, and City shall issue permits for the occupancy of the model homes for the purpose of selling units and not for permanent occupancy. WHEREFORE, this Agreement is executed on behalf of the City and Kendall Land by their duly authorized agents as of the day and year set forth above. KENDALL LAND DEVELOPMENT, LLC THE UNITED CITY OF YORKVILLE By: By: Title: AtteQ,P 2 LEGAL DESCRlEMY NORTH PARCEL THAT PART OF THE WEST HALF OF SEC77ON 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 89 DEGREES 46 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID SEC77ON 33, 374. 81 FEET,• THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST, PARALLEL W17H THE EAST LINE OF SAID WEST HALF, 794.66 FEET' THENCE SOUTH 88 DEGREES 28 MINUTES 34 SECONDS WEST, 329. 70 FEET TO SAID EAST LINE, THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST ALONG SAID EAST LINE, 571. 49 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES it MINUTES 52 SECONDS EAST ALONG SAID EAST LINE, 937. 76 FEET; THENCE NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST, 291.36 FEET, THENCE NORTH 07 DEGREES 05 MINUTES 45 SECONDS EAST 326. 86 FEET TO THE CENTER LINE OF VAN EMMON ROAD; THENCE NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST, ALONG SAID CENTER LINE, 66.00 FEET; THENCE SOUTH 07 DEGREES 05 MINUTES 45 SECONDS WEST, 308.00 FEET; THENCE NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST. 25722 FEET TO THE FORMER EA57ERLY RIGHT OF WAY LINE OF THE FOX AND ILLINOIS UNION RAILWAY COMPANY, THENCE SOUTH 08 DEGREES 10 MINUTES 53 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 779. 46 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 08 SECONDS EAST, 289. 10 FEET,• THENCE SOUTH 01 DEGREES 11 MINUTES 52 SECONDS WEST, 246. 00 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 08 SECONDS EAST, 415.06 FEET TO THE POINT OF BEGINNING IN THE UN17ED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SOUTH PARCEL THAT PART OF THE NORTHWEST QUARTER OF SEC770N 4, TOWNSHIP 36 NORTH, RANGE 7 EAST AND PART OF THE SOUTHWEST QUARTER OF SEC7701V 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS• BEGINNING AT THE NORTHWEST CORNER OF THE NOR774EAST QUARTER OF SAID SCC77ON 4; THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST PARALLEL WITH THE EAST UNE OF THE SOU7HWEST QUARTER OF SAID SEC77ON 33, 1,356.81 FEET TO A POINT ON THE SOUTH LINE OF A TRACT DESCRIBED IN A QUIT CLAIM DEED FROM PALOS BANK AND TRUST COMPANY, TRUST NO. 1-f620 TO BRUCE a AND VIRGINIA J. BUHRMAS7ER, HIS WIFE, RECORDED AS DOCUMENT NO. 83-5890 ON DECEMBER 23, 1983 WHICH IS 45.43 FEET WESTERLY, AS MEASURED ALONG SAID SOUTH LINE, OF THE SOUTHWEST CORNER OF SAID TRACT THENCE NORTH 88 DEGREES 48 MINUTES 09 - SECONDS EAST ALONG SAID SOUTH LINE 45.43 FEET TO SAID SOUTHWEST CORNER,• THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST ALONG SAID EAST LINE, 352.40 FEET TO AN OLD CLAIM LINE; THENCE NORTH Of DEGREES 11 MINUTES 52 SECONDS EAST ALONG SAID EAST UNE; 697.25 FEET'' THENCE NORTH 76 DEGREES 52 MINUTES 34 SECONDS WEST 130.50 FEET; THENCE NORTH 10 DEGREES 27 MINUTES 25 SECONDS EAST 20221 FEET TO THE CENTER LINE OF VAN EMMON ROAD; THENCE NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST ALONG SAID CENTER LINE 540.48 FEET TO THE EAST LINE OF THE FORMER FOX AND ILLINOIS UNION RAILWAY COMPANY RIGHT-OF-WAY THENCE SOUTHERLY ALONG SAID EAST LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 624.08 FEET AND A RADIAL BEARING OF SOUTH 70 DEGREES 33 MINUTES f8 SECONDS WEST FROM THE LAST DESCRIBED POINT 300.91 FEET THENCE SOUTH 08 DEGREES 10 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 1,228.82 FEET• THENCE SOUTHERLY ALONG SAID EAST LINE BEING A TANGEN77AL CURVE TO 774E LEFT HAVING A RADIUS OF 1,017.52 FEET, 309. 01 FEET,' THENCE SOUTH 09 DEGREES 13 MINUTES 07 SECONDS EAST ALONG SAID EAST LINE BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 113.40 FEET' THENCE SOUTHERLY ALONG SAID EAST LINE BEING ALONG A TANGENTIAL CURVE TO 7HE RIGHT HAVING A RADIUS OF 920.47 FEET. 568.44 FEET' THENCE SOUTH 26 DEGREES 09 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 447. 17 FEET TO THE CENTER LINE OF AN ABANDONED AND VACATED ROAD; THENCE SOUTH 68 DEGREES 40 MINUTES 20 SECONDS EAST ALONG SAID CENTER UNE, 141.24 FEET' THENCE SOUTH 43 DEGREES 23 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE, 1, 158.07 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUAR7ER,• THENCE NOR7H 00 DEGREES 57 MINUTES 20 SECONDS EAST ALONG SAID EAST LINE 1,078.63 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM, SAID TRACT OF LAND DESCRIBED IN A QUIT CLAIM DEED FROM PALOS BANK AND TRUST COMPANY, TRUST NO. 1-1620 TO BRUCE 0. AND VIRGINIA J. BUHRMASTER, HIS WIFE, RECORDED AS DOCUMENT NO. 83-5890 ON DECEMBER 23 1983); AND ALSO THAT PART OF THE NOR774EAST QUARTER OF SAID SEC77ON 4, TOWNSHIP AND RANGE AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR774WEET CORNER OF SAID NORTHEAST QUARTER,• THENCE SOUTH 00 DEGREES 57 MINUTES 20 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHEAST QUAR7ER, 1,078.83 FEET TO THE CENTER LINE OF AN ABANDONED AND VACATED ROAD; 771ENCE SOUTH 43 DEGREES 23 MINUTES 50 SECONDS EAST ALONG SAID CENTER UNE 179.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT A ",• THENCE SOUTH 43 DEGREES 23 MINUTES 50 SECONDS EAST ALONG SAID CENTER LINE, 99.85 FEET THENCE NORTH 01 DEGREES 07 MINU7FS DO SECONDS EAST 121.26 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 07 MINUTES 00 SECONDS WEST, 320.90 FEET TO THE CENTER LINE OF ILLINOIS ROUTE NO. 126; THENCE NORTH 57 DEGREES 27 MINUTES 13 SECONDS WEST ALONG SAID CENTER UNE, 82.04 FEET TO A LINE DRAWN SOUTH Of DEGREES 07 MINUTES DO SECONDS WEST FROM POINT A" AFORESAID; THENCE NORTH 01 DEGREES 07 MINUTES 00 SECONDS EAST, 228.06 FEET TO SAID POINT A ;• THENCE NORTH 43 DEGREES 23 MINUTES 50 SECONDS WEST ALONG THE CENTER LINE OF SAID ABANDONED AND VACATED ROAD, 179.20 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH DO DEGREES 57 MINUTES 20 SECONDS EAST ALONG SAID WEST LINE, 121.61 FEET TO A LINE DRAWN NORTH 43 DEGREES 23 MINUTES 50 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 43 DEGREES 23 MINUTES 50 SECONDS EAST 279.54 FEET TO THE POINT OF BEGINNING ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Engineering Enterprises, February 3, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kendailwood Estates Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between January 31 and February 2, 2012, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. There is a substantial amount of garbage and debris deposited throughout the subdivision. All debris and garbage should be removed. 2. Record drawings should be submitted for review. 3. All street signs need to be installed per plan. 4. All street lights need to be installed. A 48 hour burn test of the street lights should be completed prior to acceptance. 5. All sidewalk within the right of way should be constructed. 8. All roadway striping should be installed per plan following surface course installation. 7. After final grading of the subdivision, all structures should be checked and adjusted to final grade. 8. Electric, telephone and cable tv need to be run to all lots within the subdivision. Storm Sewer 9. The following storm- structures need to have fillets installed: ST-718 • ST-541 • ST-614A ST-720 • ST-612 • ST-536 • ST-715 • ST-611 • ST-534 ST-705 • ST-618 • ST-530 • ST-707 . ST-616 • ST-524 m ST-540 • ST-614B • ST-522 Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 1 466-6701 '• • Ms. Krysti Barksdale-Noble February 2, 2012 Page 2 • ST-503 • ST-312 • ST-314 • ST-506 • ST-312A • ST-116B • ST-304 • ST-310 • ST-116 • ST-304B • ST-400 • ST-122 • ST-306 • ST-400B • ST-122B • ST-306B • ST-316 • ST-124 10. The following storm structures should be cleaned of all debris: • ST-726 • ST-922 . ST-4008 ST-612 * ST-536 . ST-316 • ST-618 • ST-508 • ST-108 • ST-614B • ST-306 # ST-116B 11. The following storm structures were covered with sediment or had filter fabric full of sediment and were unable to be opened for inspection: ST-728 • ST-528 • ST-102 • ST-728B . ST-513 • ST-112 • ST-730 • ST-513B • ST-110 • ST-730B • ST-515 • ST-713 • ST-515B 12. There is a gap in the asphalt around ST-802. This gap should be sealed or a patch installed prior to installing final surface course. 13. The rings of ST-800 should be mortared to prevent infiltration. 14. ST-903A is missing the lid. This should be installed immediately. 15. The following fared end structures need to be cleaned and all vegetation removed: • FES-732 • FES-930 • FES-920 • FES-600 • FES-100 16. ST-704 currently has the wrong lid. A lid reading "City of Yorkville Storm" with concealed pickholes needs to be installed. 17. ST-608B currently has a closed lid. An open lid should be installed. 18. ST-604 currently has an open lid. A closed lid needs to be installed. 19. The frame and rings for ST-402 need to be reset. 20. The beehive lid has come off of ST-202 and needs to be reinstalled. 21. ST-114 needs to be raised to curb grade.. Ms. Krysti Barksdale-Noble February 3, 2012 Page 3 22. ST-120 could not be located. The structure should be located and raised to grade. 23. The restrictor in ST-932 has been installed incorrectly and should be reinstalled per plan. 24. The section of storm sewer from ST-710 to ST-736 needs to be installed. 25. The top three steps in ST-602 should be realigned to match up with the other steps. 26. The pipes within ST-532 need to be re-grouted. 27. ST-508 should be re-mortared to ensure there are no leaks. 28. The snout restrictor needs to be installed in ST-912 per plan. 29. The steps in ST-913A need to be properly aligned. 30. The lid for ST-106 has been plugged with concrete and needs to be replaced. 31. A snout restrictor needs to be installed in ST-901 per plan. 32. All storm sewer 12" diameter and larger needs to be televised. All storm sewers should be jetted prior to televising. 33. Storm sewer for the steep grade on Benjamin Street just south of Van Emmon Road should be designed and constructed. Curb-line drains need to be constructed half way up the hill. 34. Storm sewer that extends up the lot line between Lot 57 and Lot 58 to capture 100-yr storm at rear lot line of Lot 57 to convey stormwater to the pond should be designed and constructed. This is necessary in order for Lot 57 to be built upon. Sanitary Sewer 35. The lid to SAN-408 is bolted down so the connection to this manhole could not be inspected. 36. All chimney seals should be replaced. Most have been exposed to sunlight for the past several years and have deteriorated. 37. Satisfactory testing including televising, mandrel test, low pressure air test and vacuum test (after re-adjustment of manholes), needs to be performed. 38. The following sanitary structures need their lid gaskets replaced: SAN-201 SAN-104 SAN-108 SAN-116 SAN-122 39. The following sanitary structures should be cleaned of debris: SAN-108 Ms. Krysti Barksdale-Noble February 3, 2012 Page 4 • SAN-300 • SAN-201 Water 40. The paint on various fire hydrants is flaking and chipping. All fire hydrants should be wire brushed and re-painted. 41. All valves and auxiliary valves need to be check to ensure they are operational. 42. All b-boxes need to be checked to ensure they are in place and operational. 43. FH-305 should be rotated to be facing perpendicular to the curb. 44. FH-232 needs to be raised and rotated to face the street. 45. FH-216D was found with the 4" nozzle cap not screwed on. The cap should be placed back on and the hydrant should be checked to ensure there is no weather damage. 46. FH-202 should be lowered to grade. 47. FH-107 is missing the 4" nozzle cap. The cap should be installed and the fire hydrant checked for weather damage due to not having the cap installed. 48. Soil should be filled in around FH-110. A large portion of the pipe below the hydrant is exposed. 49. The off-site water main along IL Route 126 needs to be installed. 50. The valve vault at station 704+00 currently has the wrong lid. A lid containing "City of Yorkville Water" should be installed. 51. Whips should be removed from the following valve vaults: • W at sta. 704+00 • W-108 52. The following fire hydrants need to have their auxiliary valves adjusted to grade and/or re- plumbed: • FH-232 • FH-302 • FH-202 • FH-230A • FH-303 • FH-107 FH-226 • FH-210 • FH-101 • FH-225 • FH-118 i FH-104 • FH-223 • FH-116 • FH-110 • FH-221 • FH-114A • FH-216D 53. The following valve boxes need to be adjusted to grade and/or re-plumbed: • V-231 • V-220 • V-217 • V-228 • V-117 • V-224 • V-114 Ms. Krysti Barksdale-Noble February 3, 2012 Page 5 Offsite Water Main and Storm Sewer 54. All fire hydrants should be wire brushed and re-painted. 55. VV-2 and VV-10 need the lids replaced with "City of Yorkville Water" lids. 56. VV-2 should have the whips removed. 57. VV-10 could not be opened at the time of inspection. 58. The b-box at the end of off-site water main on Van Emmon Road (east of Benjamin Street) needs to be located, adjusted to grade, and checked for proper operation. 59. The following fire hydrants need to have their auxiliary valves adjusted to grade. FH-5 • FH-7 FH-8 60. All debris deposited on the west side of Benjamin Street needs to be removed. 61. The off-site water main along IL Route 126 needs to be installed. Retaining Walls 62. All exposed lift hooks should be removed. 63. A large amount of fence damaged at pond #4. This fence should be replaced. 64. A section of retaining wall at pond #4 has failed and needs to be replaced. 65. The retaining wall along the rear lot line of Lot 53 to Lot 56 should be installed. 66. The retaining wall along the rear lot line of Lot 58 to Lot 63 should be installed. 67. A hole has formed in the retaining wall in the 4th course from the bottom (Lot 30-34 area) and should be repaired. 68. Excess pipe protruding from the retaining wall near Lot 6 should be cut back. 69. There are several locations throughout the subdivision where the retaining wall is crumbling or otherwise damaged. All retaining walls in the subdivision should be inspected and repaired and/or replaced to ensure the retaining walls are structurally sound. 70. There are several areas where excessive erosion behind the retaining walls has caused the wall to be exposed. The retaining walls should be backfilled behind and erosion control measures taken to eliminate erosion behind the walls. Ms. Krysti Barksdale-Noble February 3, 2012 Page 6 Roadway 71. The emergency entrance to Route 126 should be constructed. 72. Excessive sediment has washed onto the roadways at various locations throughout the subdivision. The roadway should be cleaned of this sediment. 73. Cold patch ramps along the curb line at various locations throughout the subdivision should be removed. 74. All curb should be backfilled behind. 75. All weeds and vegetation growing between the curb line and the asphalt should be removed. 76. All damaged curb should be removed and replaced. The curb to be replaced will be marked by the City following a future curb inspection. 77. The binder course needs to be patched in areas of failure, utility cuts, or where significant asphalt segregation has occurred. The areas of patching will be marked by the City following a binder inspection. Asphalt patching shall be 50% thicker than the existing asphalt. Necessary edge grinding shall be included in patching prior to surface installation. 78. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 79. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. 80. All driveway depression should be cut out of the barrier curb. Landscaping 81. Any trees 4" diameter or larger within the limits of the road extension at the dead end streets should be removed. Confirm removal plan with Laura Schraw prior to work. 82. All basins should be landscaped per approved landscaping plan. 83. The tree preservation plan should be reviewed for adherence. Some trees were removed during utility construction were planned to be saved. Plans shall be modified accordingly and the issue of missing trees needs to be resolved. 8 I. All scrub trees growing in park=ways, especially along back-of-curb, should be removed. 85. A revised grading plan for Lot 35 should be provided due to steep embankment along the north lot line. 86. All parkway trees should be planted. 87. All cul-de-sac islands should be landscaped. Ms. KrRysti Barksdale-Noble February 3, 2012 Page 7 88. The parkways along the Benjamin Street hill south of the Van Emmon Road entrance should be graded to eliminate steep drop-offs. 89. The previous developer believed that the site had significant excess dirt. Any excess stockpiles should be trucked out prior to patching the binder course and paving surface course. 90. As lots develop and parkways/private lots are graded, all utility structure rims will need to be re- evaluated and adjusted accordingly. 91. The erosion control methods are in disrepair and are not functioning correctly. They should be re- installed and in maintained in good working order. 92. The construction of the curtain walls for Ponds 1, 4 and 5 needs to be confirmed. The Pond 2 curtain wall is in place but the surrounding area needs to be graded to make the top of the wall flush with finished grade. 93. Filter fabric should be cleaned or re-installed on structures downstream of unfinished areas. If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/kdw pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Parks & Rec Director Ms. Lisa Pickering, Deputy Clerk JWF, EEI G:\Public\Yorkville\2012\YO1205-DR Kendallwood Estates-Punch1ist\Docs\Punch1ist01,docx PRELIMINARY COST ESTIMATE KENDALLWOOD ESTATES SUBDIVISION-COMPLETION OF IMPROVEMENTS UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS FEBRUARY 2012 SANITARY SEWER IMPROVEMENTS ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 1 STRUCTURE TO BE INSPECTED EACH 1 $ 250.00 $ 250.00 2 PRESSURE TESTING SANITARY SEWER FOOT 5,686 1.00 5,686.00 3 DEFLECTION TESTING SANITARY SEWER FOOT 5,686 1.00 5,686.00 4 TELEVISING SANITARY SEWER FOOT 5,686 2.00 11,372.00 5 SANITARY MANHOLE VACUUM TESTING EACH 28 150.00 4,200.00 6 CLEAN SANITARY STRUCTURE EACH 3 200.00 600.00 7 REPLACE LID GASKET EACH 5 100.00 500.00 8 REPLACE CHIMNEY SEAL EACH 28 400.00 11,200.00 PRELIMINARY ESTIMATE OF CONSTRUCTION COSTS-SANITARY $ 39,494.00 STORM SEWER IMPROVEMENTS ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 9 INSTALL/REINSTALL RESTRICTOR EACH 3 $ 1,000.00 $ 3,000.00 10 MORTAR MANHOLE/GROUT PIPES EACH 2 100.00 200.00 11 ALIGN MANHOLE STEPS EACH 2 250.00 500.00 12 CLEAN STORM STRUCTURE EACH 12 200.00 2,400.00 13 STRUCTURE TO BE INSPECTED EACH 13 250.00 3,250.00 14 MORTAR RINGS EACH 1 100.00 100.00 15 RESET FRAME AND/OR ADJUSTING RINGS EACH 2 100.00 200.00 16 ADJUST STRUCTURE TO GRADE EACH 2 500.00 1,000.00 17 REMOVE AND REPLACE/INSTALL NEW MANHOLE LID EACH 5 125.00 625.00 18 REMOVE SEDIMENT FROM FES AND POND EACH 5 2,500.00 12,500.00 19 CONSTRUCT STORM SEWER(ST-710 TO ST-736) LUMP SUM 1 13,000.00 13,000.00 20 TELEVISE STORM SEWER FOOT 5,165 2.00 10,330.00 21 DESIGN&CONSTRUCT STORM SEWER-BENJAMIN STREET LUMP SUM 1 20,000.00 20,000.00 22 DESIGN&CONSTRUCT STORM SEWER-LOT 57 LUMP SUM 1 20,000.00 20,000.00 23 INSTALL,REINSTALL OR REPAIR FILLETS IN STORM STRUCTURE EACH 36 100.00 3,600.00 PRELIMINARY ESTIMATE OF CONSTRUCTION COSTS-STORM $ 90,705.00 WATER MAIN IMPROVEMENTS ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 24 CLEAN AND PAINT FIRE HYDRANTS EACH 24 $ 250.00 $ 6,000.00 25 REMOVE WHIPS FROM VALVE VAULT EACH 2 150.00 300.00 26 REMOVE AND REPLACE VALVE VAULT LID EACH 1 150.00 150.00 27 PLACE ADDITIONAL FILL AROUND FIRE HYDRANT EACH 1 300.00 300.00 28 INSPECT FIRE HYDRANT AND REPAIR AS NECESSARY EACH 2 500.00 1,000.00 29 OPEN VALVE BOX/AUXILIARY VALVE BOX,KEY AND REPAIR AS NEEDED EACH 17 400.00 6,800.00 30 OPEN B-BOX,KEY AND REPAIR AS NEEDED-UNFINISHED EACH 83 150.00 12,450.00 31 RAISE/LOWER FIRE HYDRANT EACH 2 650.00 1,300.00 32 ROTATE FIRE HYDRANT EACH 2 250.00 500.00 33 ADJUST/PLUMB VALVE BOX EACH 7 250.00 1,750.00 34 ADJUST/PLUMB FIRE HYDRANT AUXILARY VALVE EACH 18 250.00 4,500.00 PRELIMINARY ESTIMATE OF CONSTRUCTION COSTS-WATER MAIN $ 35,050.00 G:\Public\Yorkville\2012\YO1205-DR Kendallwood Estates-Punchlist\Eng\PCE01.xls PRELIMINARY COST ESTIMATE KENDALLWOOD ESTATES SUBDIVISION-COMPLETION OF IMPROVEMENTS UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS FEBRUARY 2012 OFFSITE WATER MAIN AND STORM SEWER ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 35 CLEAN AND PAINT FIRE HYDRANTS EACH 4 $ 250.00 $ 1,000.00 36 REMOVE AND REPLACE VALVE VAULT LID EACH 2 150.00 300.00 37 REMOVE WHIPS FROM VALVE VAULT EACH 1 150.00 150.00 38 STRUCTURE TO BE INSPECTED EACH 1 250.00 250.00 39 LOCATE,ADJUST,KEY AND REPAIR B-BOX AS NECESSARY EACH 1 350.00 350.00 40 ADJUST FIRE HYDRANT AUXILIARY VALVE BOX TO GRADE EACH 3 250.00 750.00 41 REMOVE DEBRIS FROM SITE LUMP SUM 1 1,500.00 1,500.00 42 INSTALL ROUTE 126 WATER MAIN IMPROVEMENTS LUMP SUM 1 790,000.00 790,000.00 PRELIMINARY ESTIMATE OF CONSTRUCTION COSTS-OFFSITE IMPROVEMENTS $ 794,300.00 ROADWAY,STRIPING,AND SIGNAGE ITEMS ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 43 HOT-MIX ASPHALT SURFACE REMOVAL SQ.YD. 1,500 $ 3.00 $ 4,500.00 44 HOT-MIX ASPHALT SURFACE REMOVAL-BUTT JOINT SQ.YD. 15 10.00 150.00 45 BITUMINOUS MATERIALS(PRIME COAT) GAL 5,815 1.00 5,815.00 46 HOT-MIX ASPHALT SURFACE COURSE,MIX C,N50 TON 1,675 65.00 108,875.00 47 HOT-POURED JOINT SEALER POUND 4,100 1.50 6,150.00 48 REMOVE WEEDS GROWING WITHIN ROADWAY LUMP SUM 1 5,000.00 5,000.00 49 BACKFILL BEHIND CURB LUMP SUM 1 10,000.00 10,000.00 50 REMOVE RAMPS IN CURB LINE LUMP SUM 1 5,000.00 5,000.00 51 CLEAN ROADWAY LUMP SUM 1 2,000.00 2,000.00 52 REMOVE AND REPLACE DAMAGED CURB FOOT 1,225 40.00 49,000.00 53 BINDER COURSE PATCHING SQ.YD. 3,000 40.00 120,000.00 54 INSTALL ROUTE 126 ENTRANCE LUMP SUM 1 12,500.00 12,500.00 55 DRIVEWAY DEPRESSION CUTS EACH 83 250.00 20,750.00 56 24"PAVEMENT MARKING FOOT 60 5.00 300.00 57 6"PAVEMENT MARKING FOOT 180 2.00 360.00 58 STREET NAME SIGNS AND POSTS EACH 6 300.00 1,800.00 59 PAVEMENT ENDS SIGNS AND POSTS EACH 3 500.00 1,500.00 60 DIAMOND SIGNS AND POSTS EACH 6 400.00 2,400.00 61 STOP SIGNS AND POSTS EACH 4 500.00 2,000.00 PRELIMINARY ESTIMATE OF CONSTRUCTION COSTS-ROADWAY $ 358,100.00 MISCELLANEOUS ITEMS ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 62 INSTALL STREET LIGHTS EACH 25 $ 3,000.00 $ 75,000.00 63 INSTALL SIDEWALK SQ.FT. 58,449 7.00 409,143.00 64 REMOVE DEBRIS/GARBAGE LUMP SUM 1 15,000.00 15,000.00 65 COMPLETE AS-BUILT RECORD DRAWINGS LUMP SUM 1 10,000.00 10,000.00 PRELIMINARY ESTIMATE OF CONSTRUCTION COSTS-MISCELLANEOUS $ 509,143.00 G:\Public\Yorkville\2012\YO1205-DR Kendallwood Estates-Punchlist\Eng\PCE01.xls PRELIMINARY COST ESTIMATE KENDALLWOOD ESTATES SUBDIVISION-COMPLETION OF IMPROVEMENTS UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS FEBRUARY 2012 LANDSCAPING ITEMS ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 66 TREE REMOVAL(4"DIA AND GREATER) EACH 50 $ 50.00 $ 2,500.00 67 TREE REMOVAL(LESS THAN 4"DIA) LUMP SUM 1 3,000.00 3,000.00 68 GENERAL LANDSCAPING LUMP SUM 1 600,000.00 600,000.00 69 REVISED LOT 35 GRADING PLAN LUMP SUM 1 2,000.00 2,000.00 70 PARKWAY GRADING LUMP SUM 1 5,000.00 5,000.00 71 RETURN EROSION CONTROL TO GOOD WORKING ORDER LUMP SUM 1 20,000.00 20,000.00 72 INSPECT CURTAIN WALLS,REPAIR/INSTALL AS NECESSARY LUMP SUM 1 15,000.00 15,000.00 73 REMOVE AND REPLACE FILTER FABRIC EACH 50 50.00 2,500.00 PRELIMINARY ESTIMATE OF CONSTRUCTION COSTS-LANDSCAPING $ 650,000.00 RETAINING WALLS ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 74 REMOVE LIFT HOOKS LUMP SUM 1 $ 3,000.00 $ 3,000.00 75 REMOVE AND REPLACE DAMAGED FENCE FOOT 150 100.00 15,000.00 76 REMOVE AND REPLACE FAILED RETAINING WALL LUMP SUM 1 50,000.00 50,000.00 77 INSTALL RETAINING WALL(LOT 53 TO 56) LUMP SUM 1 25,000.00 25,000.00 78 INSTALL RETAINING WALL(LOT 58 TO 63) LUMP SUM 1 25,000.00 25,000.00 79 INSPECT RETAINING WALL,REPAIR AS NEEDED LUMP SUM 1 15,000.00 15,000.00 80 REMOVE EXCESS PIPE EACH 1 100.00 100.00 81 BACKFILL RETAINING WALL CU.YD. 200 28.00 5,600.00 PRELIMINARY ESTIMATE OF CONSTRUCTION COSTS-RETAINING WALLS $ 138,700.00 TOTAL ESTIMATE OF CONSTRUCTION COSTS $ 2,615,492.00 110%OF ESTIMATED CONSTRUCTION COSTS $ 2,877,041.20 G:\Public\Yorkville\2012\YO1205-DR Kendallwood Estates-Punchlist\Eng\PCE01.xls ,��D C/T� � °► United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 4 a Telephone: 630-553-4350 'p K Fax: 630-553-7575 SCE '►�'� PUBLIC NOTICE NOTICE OF PUBLIC MEETING BEFORE THE UNITED CITY OF YORKVILLE CITY COUNCIL PC 2012-05 NOTICE IS HEREWITH GIVEN THAT Imperial Investments, LLC, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to amend an existing Development Agreement for the Kendallwood Estates Subdivision seeking relief and reduction of certain letters of credit obligations for proposed improvements within the development that are not required to be installed until time of construction. The real property consists of approximately 50 acres, located generally north of Illinois Route 126, immediately south of Van Emmon Street, and east of Illinois Route 47 in Yorkville, Illinois as illustrated on the attached location map. The legal description is as follows: LOTS 1-91 INCLUSIVE OF KENDALLWOOD ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST AND PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 14, 2007, AS DOCUMENT NUMBER 200700035947 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville City Council will discuss this request at a public meeting on said application on Tuesday, August 28, 2012 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. All interested parties are invited to attend the meeting and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the scheduled meeting. Reviewed By: Agenda Item Number 606 Legal ■ EDC #3 Finance ❑ EST. -� __ti 1838 Engineer ■ -- City Administrator ■ Tracking Number m Human Resources E]C�"Sad `=Q Community Development ❑❑ EDC 2012-37 Police ALE ��' Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Downtown Brownfield Phase III Study Meeting and Date: City Council —August 28, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 2005 Action Taken: Phase II study adopted Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: O� Memorandum To: City Council EST. 1 1836 From: Jeff Weckbach, Administrative Intern Bart Olson, City Administrator ; C I'V`l-��,e,Y Sea, p� Date: August 20, 2012 �o Ke da C—ly Subject: Downtown Brownfield Summary: Consideration of a phase III brownfields study for three downtown properties with EEI and Terracon Consultants. Background: This item was last discussed at the Committee of the Whole Meeting on August 14, 2012. At that meeting it was discussed that EEI would be reviewing engineering agreements from various consultants, and would finalize a proposal and agreement for consideration at this City Council meeting. Analysis EEI has recommended Terracon Consultants LLC, per the memo from Engineer Sanderson (attached). The engineering agreement is drafted with EEI as the main party and Terracon as a subconsultant. The scopes of Terracon's services outlined in the agreement are to provide a Phase I Environmental Site Assessment (ESA) and a Supplemental Phase II. A Phase I was completed in 2005 and EEI is proposing a new Phase I be conducted in order to update changes which may have occurred from 2005 to the present, a Phase I ESA is only acceptable for approximately 180 days, our previous SRP application was withdrawn requiring a new recent Phase I upon re- enrolling and the provided scope of work to in the developed proposal by EEI included a Phase I ESA. The Phase I ESA will allow for recognized environmental conditions to be identified in order to allow for the Supplemental Phase II to be conducted. The Supplemental Phase II will take soil samples through five soil borings 15 feet below the surface. These soil samples will be analyzed for their organic carbon levels. This portion of the study will also consist of groundwater well monitoring and sampling. After all of this is conducted and analyzed at the lab, Terracon will be able to provide a site specific evaluation. This evaluation will be a Tier 1, where all chemicals exceeding the IEPA Tier 1 TACO objectives are identified. These objectives are established state standards. The study will begin within 5 days of an approved work authorization from the city. The drilling portion will begin 7-10 days following the receipt of notification. Field activities on the site usually consist of two separate one day mobilizations. Following a final lab report, a draft of the report will be available, although IEPA has 90 days to make comments and review the reports before a final report can be released. This study will be funded from TIF funds. The project is currently estimated at a range of $20,500- $24,500 with fees which would have to be paid out to IEPA totaling around $8,000 for a grand total estimate of$28,500- 32,500. The portion of the TIF funding would come from the project portion of the budget line item which is currently set for$10,000, and the remaining $22,000 would result in a use of fund balance. The current fund balance in the downtown TIF project fund is $250,000. Recommendation: Staff recommends the approval of the browfields study engineering agreement with EEI and Terracon Consultants, LLC. Memorandum To: Bart Olson, City Administrator EST 1836 From: Brad Sanderson, EEI a +�� ., 40 CC: Eric Dhuse, Director of Public Works p Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk ke � Date: August 21, 2012 Subject: Site Remediation Services—Former Grainco FS, Kendall County Farm Bureau and City Parking Lot The purpose of this memo is to provide a brief overview of the proposed project and to introduce our proposal. At the request of the City, EEI solicited proposals from two (2) qualified environmental engineering firms to perform the site remediation work. EEI also reviewed the proposal that the City previously received. Based upon our review, EEI has selected Terracon Consultants Inc. as its sub-consultant on this project. Terracon was selected based on the following: • They are familiar with the existing site conditions, as they have performed work on the Grainco FS site in the past. • Terracon owns and operates several drill rigs and they will therefore be performing this work in house. • Their proposal provided the greatest detail as to the proposed work items and expectations. • Their estimated fees for the project were the lowest of the three (3). Attached, please find our proposal with Terracon as a sub-consultant for review and consideration. Please note that in addition to the projected fees, Terracon recommends that the City budget the following as part of the IEPA approval process: • IEPA SRP Enrollment Fee $500 • IEPA Review and Oversight Costs $5,000 • IEPA NFR Fee $2,500 If you have any questions or require additional information, please let us know. 1=rr�err car=r�rr r err�r=r�sr��r=` �rr� �. AL August 20, 2012 Mr. Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville, 60560 Re: Site Remediation Services Proposal Former Grainco FS, Kendall County Farm Bureau and City Parking Lot United City of Yorkville Kendall County, IL Mr. Olson. This letter is written to submit our proposal to provide professional engineering services to perform site remediation services for the former Grainco FS, Kendall County Farm Bureau and City Parking Lot located within the City. BACKGROUND The Site is located approximately 50 feet west of Illinois Route 47 between Hydraulic Avenue and E. Van Emmon Street in Yorkville, Kendall County, Illinois (the Site). The Site is comprised of three (3) contiguous parcels consisting of a municipal parking lot owned by the City, a parcel owned by the Kendall County Farm Bureau and a former service station and farm supply depot owned by Grainco FS. Historical usage of the site at the Grainco FS property consists of a lumberyard, feed mill, equipment repair services, fertilizer supply, animal feed supply, and a distributer of kerosene, oil, gasoline and diesel to local farmers through approximately 2004. The Kendall County Farm Bureau building has been utilized as a cold storage facility, slaughterhouse, meat processing facility and a food pantry. The City parking lot was undeveloped land through approximately 2000 when it was improved by the paved parking area. The CSIR prepared by CEC, identified the following findings based on review of historical data and additional investigations in 2005 and 2007: • Exceedances of Residential Ingestion, Residential Inhalation and Soil Component of Groundwater Ingestion Remedial Objectives (ROs) for volatile organic compounds (VOCs) and semi-volatile organic compounds (SVOCs) associated with the Grainco FS filling station, and: Road,52 Wheeler Sugar Grove, IL 60554 • 1 • 11 tel — (630) 466-6701 fax — www.eeiwe• • Mr. Bart Olson August 20, 2012 Page 2 • Exceedances of Residential Ingestion and Soil Component of Groundwater Ingestion ROs for total lead associated with the City parking lot and Grainco FS filling station. PROGRAM DESCRIPTION EEI understands that the site was initially entered into the IEPA SRP in 2005 and was later withdrawn. The objective of this proposal is to provide undated historical data for the site and reenrollment in the SRP in pursuit of a Comprehensive Site Investigation NFR letter in accordance with Illinois Administrative Code (IAC) Section 740. To complete this scope of work, this proposal includes a Phase I Environmental Site Assessment (Phase 1), supplemental soil and groundwater sampling and the preparation/submission of SRP related documents. A detailed outline of the requested scope of services, budget and schedule is provided below. SCOPE OF SERVICES We propose to furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, and narrative, and to produce reports and described within section 2.0 of our sub-contractor's proposal (Terracon). In addition to the items described in the above referenced section, EEI will provide coordination and project management services for the City, including providing legal descriptions and title reports. PERSONNEL AND PROJECTS We believe that we are uniquely qualified to perform the proposed work for the City, Brad Sanderson, P.E. and Julie Morrison, P.E. will be the principal members of the firm to direct and perform the work. Additionally, Terracon Consultants, Inc. will be utilized as a sub-consultant to perform the environmental engineering. FEES AND CONDITIONS The proposed fee for the above-described scope of services shall be paid at the hourly rate of the classifications of personnel who perform the work on this project along with our sub-consultant costs, with a total fee not to exceed $31,000 as estimated in Exhibit 1: Estimated Level of Effort. All EEI costs are included in the not to exceed fee, including direct costs and the work to be performed by Terracon. Please note that the anticipated IEPA fees are not included in the above noted not to exceed figure. The attached Standard Schedule of Charges dated January 2011 will be utilized for this project. Payment for all work performed will be based on invoices submitted periodically by our firm, but not more frequently than monthly, as the work progresses and will be payable by the City within 30 days of the date of invoice. Additional assignments not described above, including but not limited to coordination with grant and/or financial consultants, and roadway design will be performed at an hourly rate for the various classifications of employees who will perform the work as listed on the attached Standard Schedule of Charges date January 2011 or at an agreed upon Lump Sum price. All such extra work will be performed only in accordance with authorization by the City. This proposal shall be effect for a period of thirty (30) days from this date. If this proposal is not accepted within that period of time, we reserve the right to withdraw or revise this proposal. Mr. Bart Olson August 20, 2012 Page 3 This proposal specifically provides for the right to use existing maps, plans, records and computer analysis as an agent of the City. SCHEDULE Please refer to section 2.0 in our sub-consultant agreement for the schedule. ACCEPTANCE If selected for this project, we will give our full attention to the project so that the results will be available as soon as practicable, consistent with performance of our services, response by state agencies and suppliers, meetings with the City and other considerations. If the Program Description, Scope of Services, Personnel, Fees and Conditions and Schedule as listed above are satisfactory, please indicate your acceptance by signing both of the enclosed proposals and returning one of them to us for our records which will serve as our Agreement for Professional Engineering Services. We look forward to working with and for you on this project so that we can apply our talents to the cost- effective solution of your pavement maintenance problems. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President Enclosures PC-. Krysti Barksdale-Noble, Community Development Director Eric Dhuse, Director of Public Works Lisa Pickering, Deputy Clerk JWF, EEI August 8, 2012 1rerracon Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Attn:.Mr. Bradley P. Sanderson, P.E. P: (630)466 6700 F: (630) 466 6701 Re: Proposal for Site Remediation Services Former Grainco FS, Kendall County Farm Bureau and City Parking Lot IL Route 47 and E. Von Emmon St Yorkville, Kendall County, Illinois Terracon Proposal No. P11120476 Dear Mr. Sanderson: Terracon Consultants, Inc. (Terracon) is pleased to submit this proposal to provide environmental engineering services to Engineering Enterprises, Inc (EEI) and the United City of Yorkville (City) to facilitate obtaining a Comprehensive No Further Remediation (NFR) letter from the Illinois Environmental Protection Agency (IEPA) Site Remediation Program (SRP). The following sections provide an outline of the project, Terracon's scope of services, including schedule, and compensation. A review of the (EPA's comprehensive database of SRP projects (http://www.epa.state.il.us/land/database.html) reveals that Terracon is currently one of the most experienced consulting firms in Illinois with the IEPA SRP program. Our extensive experience translates into an efficient and successful project. In addition, Terracon's brownfield funded experience is also second to none including projects in South Beloit, Schaumburg, Elgin, Chicago, Rock Falls, Moline, Rock•Island, Du Quoin, Metropolis, Vandalia and Mt. Vernon. 1.0 PROJECT INFORMATION Terracon reviewed the site information provided by the Client. The site information reviewed includes: Comprehensive Site Investigation Report (CSIR) prepared by Civil & Environmental Consultants, Inc (CEC) dated October 2007. The Site is located approximately 50 feet west of Illinois Route 47 between Hydraulic Ave and E. Van Emmon Street in Yorkville, Kendall County, Illinois (the Site). The Site is comprised of three contiguous parcels consisting of a municipal parking lot owned by the City, a parcel owned by the Terracon Consultants, Inc. 135 Ambassador Dr Naperville, Illinois 60540 P (630) 717-4263 F (630) 357 9489 terracon.com Geatechnicall a Environmental a Construction Materials a Facilities Proposal for Environmental Services Irerracon Yorkville Redevelopment ■ Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 Kendall County Farm Bureau and a former service station and farm supply depot owned by Grainco FS. The following property identification numbers (PINs) are associated with the site, 05-39-154-022, 05-39-154-020, 05-39-154-009, 05-39-154-023, 05-39-154-013, 05-39-154-014. Historical usage of the site at the Grainco FS property consists of a lumberyard, feed mill, equipment repair services, fertilizer supply, animal feed supply, and an distributer of kerosene, oil, gasoline and diesel to local farmers through approximately 2004. The Kendall County Farm Bureau building has been utilized as a cold storage facility, slaughterhouse, meat processing facility and a food pantry. The City parking lot was undeveloped land through approximately 2000 when it was improved by the paved parking area. The CSIR prepared by CEC identified the following findings based on review of historical data and additional investigations in 2005 and 2007: Exceedances of Residential Ingestion, Residential Inhalation and Soil Component of Groundwater Ingestion Remedial Objectives (ROs) for volatile organic compounds (VOCs) and semi-volatile organic compounds (SVOCs) associated with the Grainco- FS filling station, and; Exceedances of Residential Ingestion and Soil Component of Groundwater Ingestion ROs for total lead associated with the City parking lot and Grainco FS filling station. Terracon understands that the site was initially entered into the IEPA SRP in 2005 and was later withdrawn. The objective of this proposal is to provide updated historical data for the site and re- enrollment in the SRP in pursuit of a Comprehensive Site Investigation NFR letter in accordance with Illinois Administrative Code (IAC) Section 740. To complete this scope of work, this proposal includes an Phase I Environmental Site Assessment (Phase 1), supplemental soil and groundwater sampling and the preparation/submission of SRP related documents. A detailed outline of the requested scope of services, budget and schedule is provided below. 2.0 SCOPE OF SERVICES Terracon's scope of services is designed to provide an update of site conditions from the 2007 CSIR and prepare the necessary reports for re-enrollment into the SRP. The first component is a Phase I ESA to assess Recognized Environmental Conditions (RECs) at the site. The second primary task will be to supplement existing investigation data with the parameters necessary for a comprehensive NFR letter and to allow for the development of remediation objectives for the site. It must be noted that this step may not be able to be completed if the supplemental investigation does not fully delineate the impact as the size and distributions of the impacts directly affect the calculations, and a full delineation is required prior to developing ROs (IAC 742.300). Finally, SRP related documentation including re- enrollment forms, an updated CSIR, ROR and a RACR. For the purposes of this proposal Terracon assumes that site closure can be achieved through institutional controls and engineered barriers without active remediation at the site. Our extensive experience with SRP, including numerous Tier 3 Responsive r Resourceful ■ Reliable 2 Proposal for Environmental Services Irerracon Yorkville Redevelopment■ Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 alternative model proposals, increases the probability of successful closure without remediation. 2.1 Phase I ESA The ESA will be performed consistent with the procedures included in ASTM E 1527-05, Standard Practice for Environmental Site Assessments: Phase 1 Environmental Assessment Process. The purpose of this ESA is to assist the client in developing information to identify recognized environmental conditions (RECs - as defined below) in connection with the site as reflected by the scope of this proposal. If modifications to the scope of services are required, please contact us to discuss proposal revisions. Physical Setting The physical setting for the site will be described based on a review of the applicable USGS topographic quadrangle map, USDA soil survey, and selected geologic reference information. Historical Use Information A review of selected historical sources, where reasonably ascertainable and readily available, will be conducted in an attempt to document obvious past land use of the site and adjoining properties back to 1940 or when the site was initially developed, whichever is earlier. The following selected references, depending on applicability and likely usefulness, will be reviewed for the site. ■ Historical topographic maps ■ Aerial photographs (approximate 10 to 15 year intervals) ■ City directories (approximate 5 year intervals) ■ Fire (Sanborn) insurance maps ■ Property tax file information ■ Site title search information, if provided by client ■ Environmental liens, if provided by the client ■ Building department records ■ Zoning records ■ Prior environmental reports, permits and registrations; or geotechnical reports, if provided by the client Pursuant to ASTM E 1527-05, the client should engage a title company or title professional to undertake a review of reasonably ascertainable recorded land title records and lien records for environmental liens currently recorded against or relating to the site. If the client is unable to provide land title records or environmental lien information, an abstract firm may be contracted by Terracon to develop a chain of title from a review of land title records for an additional fee. Documentation of Responsive■ Resourceful ■ Reliable 3 Proposal for Environmental Services Irerracon Yorkville Redevelopment■Yorkville, Illinois August 8, 2012 ■Terracon Proposal No. P11120476 environmental liens, if recorded, will be provided with the chain of title. Note, however, unless specifically requested within three days of project commencement, Terracon will rely on the client to provide land title records. If land title records or environmental lien information are not provided for review in a timely manner, Terracon may conclude that the absence of records represents a significant data gap, which must be documented in the final report. The client and the current owner or their representative will be interviewed to provide information regarding past uses of the site and information pertaining to the use of hazardous substances and petroleum products on the site. Additionally, a reasonable attempt will be made to interview past owners, operators, and occupants of the site to the extent that they are identified within the scope of the ESA and are likely to have material information that is not duplicative of information already obtained through the assessment process. REC Definition Recognized Environmental Conditions are defined by ASTM E 1527-05 as "the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions of compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk of harm to the public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." Regulatory Records Review Consistent with ASTM E 1527-05, outlined below are the following federal, state, and tribal databases, where applicable are typically reviewed for indications of RECs, and the approximate minimum search distance of the review from the nearest property boundary. Evaluating identified regulatory facilities for potential vapor intrusion conditions is outside the scope of this proposal. A database firm will be subcontracted to access governmental records used in this portion of the assessment. Additional federal, state, and local databases may be reviewed if provided by the database firm. Determining the location of unmapped facilities is beyond the scope of this assessment. Responsive■ Resourceful m Reliable 4 Proposal for Environmental Services Irerracon Yorkville Redevelopment■Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 Governmental Records Search Distance Federal NPL Site List 1.0 mile Federal NPL (Delisted) Site List 0.5 mile Federal CERCLIS Site List 0.5 mile Federal CERCLIS NFRAP Site List 0.5 mile Federal RCRA Corrective Actions(CORRACTS) TSD Facilities List 1.0 mile Federal RCRA Non-CORRACTS TSD Facilities List 0.5 mile Federal RCRA Generators List Site and Adjoining Federal Institutional Control/Engineering Control Registries Site Only Federal ERNS List Site Only State and Tribal-Equivalent NPL Site Lists 1.0 mile State and Tribal-Equivalent CERCLIS Lists 0.5 mile State and Tribal Landfill and/or Solid Waste Disposal Site Lists 0.5 mile State and Tribal Leaking UST Lists 0.5 mile State and Tribal Registered UST Lists Site and Adjoining State and Tribal Institutional Control/Engineering Control Registries Site Only State and Tribal VCP Site Lists 0.5 mile State and Tribal Brownfield Site Lists 0.5 mile Tribal databases will only be evaluated if the site is located in an area where a recognized tribe has jurisdiction for environmental affairs. In addition to the database review and if customary practice for the site location, an attempt will be made to review reasonably ascertainable and useful local lists or records such as Brownfield sites, landfill/solid waste disposal sites, registered storage tanks, land records, emergency release reports, and contaminated public wells. A reasonable attempt will also be made to interview at least one staff member of any one of the following types of local government agencies: fire department, health agency, planning department, building department, or environmental department. As an alternative, a written request for information may be submitted to the local agencies. If the results of the regulatory records review/local agency inquiry appear to warrant a review of applicable regulatory agency files, a cost estimate will be provided to the client for pre-approval. Review of regulatory files, when authorized, will be for the purpose of identifying RECs. Assessment of vapor intrusion conditions is outside the scope of a Phase I ESA. Please note that all requested files may not be available from regulatory agencies within the client's requested project schedule. Site and Adjoining/Surrounding Property Reconnaissance A site reconnaissance will be conducted to identify RECs. The reconnaissance will consist of visual observations of the site from the site boundaries and selected interior portions of the site. The site reconnaissance will include, where applicable, an interview with site personnel who the client has identified as having knowledge of the uses and physical characteristics of the site. Pertinent observations from the site reconnaissance will be documented including: w Site description Responsive■ Resourceful m Reliable 5 Proposal for Environmental Services Irerracon Yorkville Redevelopment■ Yorkville, Illinois August 8, 2012 ■Terracon Proposal No. P11120476 ■ General site operations ■ Aboveground chemical or waste storage ■ Visible underground chemical or waste storage, drainage, or collection systems ■ Electrical transformers ■ Obvious releases of hazardous substances or petroleum products The adjoining property reconnaissance will consist of visual observations of the adjoining/surrounding properties from the site boundaries and accessible public right-of-ways. ■ Vapor Encroachment Screening ■ Regulatory Agency File Review ■ Limited Radon Records Review ■ Limited Wetland Review ■ Limited Threatened/Endangered Species Review ■ Limited Historic Properties/Archaeological Resources Review Schedule Services will be initiated upon receipt of the written notice to proceed. The final report will be submitted 20 business days after receipt of your written notice to proceed, assuming site access can be obtained within three days after the notice to proceed. In order to comply with the proposed schedule, please provide the following items at the time of notification to proceed. ■ A signed Agreement for Services evidencing acceptance of this scope of services ■ The completed ASTM E 1527-05 User Questionnaire, supplied as an attachment to this proposal ■ Right of entry to conduct the assessment, including access to building interiors ■ Notification of any restrictions or special requirements (such as confidentiality, scheduling, or on-site safety requirements) regarding accessing the site • An accurate legal description and/or a diagram of the site such as a surveyor's plat map or scaled architect's drawing (if such diagrams exist) • Current site owner, property manager, occupant information (including tenant list), and contact information for persons knowledgeable about the site history including current and historical use of hazardous substances and petroleum products on site (e.g., names, phone numbers, etc.) Responsive z Resourceful ■ Reliable 6 Proposal for Environmental Services Irerracon Yorkville Redevelopment■Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 • Copies of environmental reports, permits and registrations, and geotechnical reports that were previously prepared for the site • Information relating to known or suspect environmental conditions at the site, including commonly known or reasonable ascertainable information within the local community about the site that is material to RECs in connection with the site ■ Information about environmental liens and activity and use limitations for the site, if any ■ Specialized knowledge or experience that is material to RECs in connection with the site, if any • Knowledge that the purchase price of the site is significantly less than the purchase price of comparable properties ■ Land title records Please note that requested regulatory files or other information may not be provided to Terracon by the issuance date of the report. Consideration of information not received by the issuance date of the report is beyond the scope of this ESA. Reliance The ESA report will be prepared for the exclusive use and reliance of the EEI. Reliance by any other party is prohibited without the written authorization of the client and Terracon. If the client is aware of additional parties that will require reliance on the ESA report, the names, addresses, and relationship of these parties should be provided for Terracon approval prior to the time of authorization to proceed. Terracon may grant reliance on the ESA report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request) and receipt of information requested in the Reliance Agreement. If, in the future, the client and Terracon consent to reliance on the ESA by a third party, Terracon may grant reliance upon receipt of a fully executed Reliance Agreement, requested information and receipt of an additional minimum fee of$250.00 per relying party. Reliance on the ESA by the client and all authorized parties will be subject to the terms, conditions, and limitations stated in the Agreement for Services, sections of this proposal incorporated therein, the Reliance Agreement, and ESA report. The limitation of liability defined in the Agreement for Services is the aggregate limit of Terracon's liability to the client and all relying parties. Continued viability of the report is subject to ASTM E 1527-05 Sections 4.6 and 4.8. If the ESA will be used by a different user (third party) than the user for whom the ESA was originally prepared, the third party must also satisfy the user's responsibilities in Section 6 of ASTM E 1527-05. Responsive■ Resourceful r Reliable 7 Proposal for Environmental Services Irerracon Yorkville Redevelopment■ Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 Scope and Report Limitations The findings and conclusions presented in the final report will be based on the site's current utilization and the information collected as discussed in this proposal. Please note that we do not warrant database or third party information (such as from interviewees) or regulatory agency information used in the compilation of reports. Phase I ESAs, such as the one proposed for this site, are of limited scope, are noninvasive, and cannot eliminate the potential that hazardous, toxic, or petroleum substances are present or have been released at the site beyond what is identified by the limited scope of this ESA. In conducting the limited scope of services described herein, certain sources of information and public records will not be reviewed. It should be recognized that environmental concerns may be documented in public records that are not reviewed. This ESA does not include subsurface or other invasive assessments, business environmental risk evaluations, or other services not particularly identified and discussed herein. No ESA can wholly eliminate uncertainty regarding the potential for RECs. The limitations herein must be considered when the user of this report formulates opinions as to risks associated with the site. No warranties, express or implied, are intended or made. An evaluation of significant data gaps will be based on the information available at the time of report issuance, and an evaluation of information received after the report issuance date may result in an alteration of our opinions and conclusions. We have no obligation to provide information obtained or discovered by us after the date of the report, or to perform any additional services, regardless of whether the information would affect any conclusions, recommendations, or opinions in the report. This disclaimer specifically applies to any information that has not been provided by the client. 2.2 Supplemental Phase II Utility Clearance No later than 48 hours prior to intrusive activities, Terracon's subcontractor will contact the public utility locator JULIE to arrange for public underground utility locates at the above referenced site. Health & Safety Plan Terracon has a 100% commitment to the safety of all its employees. As such, and in accordance with our Incident and Injury Free® safety goals, Terracon will develop a safety plan to be used by our personnel during field services. Prior to commencement of on-site activities, Terracon will hold a brief health and safety meeting to review health and safety needs for this specific project. At this time, we anticipate performing fieldwork in a USEPA Level D work uniform consisting of hard hats, safety glasses, protective gloves, and steel toed boots. It may become necessary to upgrade this level of protection, at additional cost, during sampling activities in the event that we encounter petroleum or chemical constituents in soils or groundwater that present an increased risk for personal exposure. Responsive■ Resourceful a Reliable 8 Proposal for Environmental Services Irerracon Yorkville Redevelopment■ Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 Soil Sampling Terracon will advance a total of five soil borings on-site. The soil borings will be advanced to a maximum depth of approximately fifteen (15) feet below grade surface (bgs) or until refusal, whichever occurs first. A total of three (3) borings will be advanced within the City parking lot area and two will be advanced on the southern portion of the Grainco FS property between the two structures using a truck-mounted GeoprobeTm rig. The proposed total boring depths will not be exceeded without verbal approval from the client. Drilling equipment will be cleaned using a high-pressure washer prior to beginning the project and before beginning each boring. Non-dedicated sampling equipment will be cleaned using an Alconox® detergent wash and potable water rinse prior to commencement of the project and between collection of each sample. Soil samples will be collected continuously using disposable macro-core samplers to document lithology, color, and relative moisture content. In addition, the soil samples will be field screened using sensory methods and a photoionization detector (PID) to detect the presence of VOCs. Following completion of sampling activities, borings will be backfilled in-place with soil in reverse order from when it was retrieved from the borehole. The sample interval selected for analysis will be based upon PID readings, or, in the absence of PID readings, from the interval judged most likely to be impacted by the environmental professional. Samples collected the soil borings will be placed into laboratory supplied glassware on ice in a cooler for analysis according to the Laboratory Analytical Program below. To allow for potential pathway exclusion under TACO, Terracon will also submit a soil sample(s) to the laboratory for analysis for reactivity cyanide/sulfide and TCLP RCRA metals from the deemed most contaminated area. All samples will be transferred to Terracon's subcontract laboratory under chain-of-custody procedures. Analytical laboratory procedures will be performed by an IEPA- accredited laboratory. One soil sample will be analyzed for fraction of organic carbon (Fo,). Terracon will calculate site specific Fo, content by multiplying the percent organic matter results by 0.58 as required by the IEPA. The Fo, sample will be collected from a non-impacted area and will be analyzed for VOCs and SVOCs per current SRP requirements. Terracon notes that actual soil boring locations may vary slightly depending on the underground and/or overhead utilities and other site conditions. Excess soil cuttings will be stored in 55-gallon drums and properly disposed of off-site. All non-dedicated sampling equipment will be cleaned with an Alconox°/potable water wash. All sampling equipment will be decontaminated before beginning the investigation and between each sampling point using a non-phosphate soap wash followed by a potable water rinse. Responsive a Resourceful ■ Reliable 9 Proposal for Environmental Services Irerracon Yorkville Redevelopment■ Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 Groundwater Monitoring Well Development and Sampling Terracon understands that a total of eight (8) existing CEC permanent 2-inch diameter monitoring wells remain at the site and are available for sampling. Terracon will inspect the surface completion and visible polyvinyl chloride (PVC) riser during drilling operations for integrity. An initial measurements of total well depth and depth to water will be collected and compared to well completion reports presented in the 2007 CSIR. Terracon will return to the site to sample the wells by purging a minimum of three well volumes from each well prior to collecting a sample for analysis. The samples for analysis will be collected using a single use disposable bailer for VOCs and a peristaltic pump for SVOCs and metals. Samples will be placed into laboratory supplied glassware on ice in a cooler for analysis of VOCs by EPA SW-846 82606, SVOCs by EPA 8270, and total metals by EPA 6010/6020/7040. Purged water will be contained in 55-gallon drums for proper disposal at a later date. This proposal does not include waste characterization or monitoring well abandonment as additional groundwater sampling may be required by the IEPA. All non-dedicated sampling equipment will be cleaned with an Alconoxo/potable water wash. All sampling equipment will be decontaminated before beginning the investigation and between each sampling point using a non-phosphate soap wash followed by a potable water rinse. The relative elevation of each monitoring well will be measured in the field using standard surveying equipment to the nearest 1/100th of afoot. This information will be used to generate a potentiometric surface map depicting the groundwater flow direction and gradient. Laboratory Analytical Program The samples collected during the investigation will be submitted to the analytical laboratory under standard chain-of-custody procedures for standard turnaround. The laboratory analytical program will include the following: Snriings/Wells Analysis Sample Type No.of Samples Method MW-1 through MW-7 VOCs, SVOCs Groundwater 8 EPA 5W-846 Method 8260/8270 MW-1 through MW-7 Total Metals Groundwater 4 EPA SW 846 Method 6010/6020/7040 GP-46 through GP- EPA SW-846 Method VOCs, SVOCs Soil 5 GP-50 5035/8260/8270 GP-46 through GP- Total Metals Soil 2 EPA SW-846 Method GP-50 6010/6020 Clean boring Soil Bulk and Soil 1 ASTM D2937 Particle Density/Foc 94/D854 92ID2974 Dirty Boring Reactive Soil 1 EPA SW-846 Method Cyanide/Sulfide 9012/9030 Responsive■ Resourceful ■ Reliable 10 Proposal for Environmental Services Irerracon Yorkville Redevelopment■ Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 The metals portion of the groundwater samples will not be field filtered. Site Specific Evaluation Using the data collected in the sections above, Terracon will perform a Tier 1 evaluation where chemicals which exceed the IEPA Tier 1 TACO objectives are identified. Terracon will also classify the site groundwater as Class I or Class II Groundwater using the procedure developed by the IEPA (IAC 620) combined with a Source Water Assessment Protocol (SWAP) well survey. If necessary, Terracon will then develop Tier 2 site-specific ROs for the site. If the ROs calculated for the site are greater than the concentrations identified for the site Terracon will prepare a combined Updated Comprehensive Site Investigation (CSIR), Remedial Objectives Reports (ROR), and Remedial Action Completion Report (RACR) for the site. These reports will be in suitable format for submission to the IEPA SRP program. Upon client approval, the reports will be submitted to the IEPA along with a DRM-1 Form (SRP Enrollment Form), the enrollment fee, and a DRM-2 Form (Request to Review Technical Reports Form). If site conditions exceed the calculated ROs, Terracon will contact the client to discuss remedial options, if necessary. It is assumed that site characterization required prior to Tier 2 analysis can be completed in the proposed rounds of sampling (one for soil and one for groundwater). 3.0 COMPENSATION Terracon proposes to complete the required scope of work as described herein on a lump sum basis and includes Terracon professional labor costs, travel and direct client expenses required to complete this scope of work using the project assumptions described herein. A summary breakdown of proposed project costs is provided below: ESTIMATED TOTAL PROJECT COST' Phase 1 ESA $1,950 Supplemental Phase ll* $13,550 SRP Reporting $5,000-9,000 TOTAL $20,500-24,500* *Assumes samples will be analyzed using standard seven-business day laboratory TAT. The (EPA's SRP program is a "pay-for-review" program. There is a $500 enrollment fee the client is responsible to pay and quarterly invoices will be submitted to the remedial applicant (client) for the review services provided by the IEPA. Based on our previous experience, we suggest that the client budget$5,000 for IEPA review and oversight costs, which will be direct billed from the IEPA to the client. Subcontracted services will include a 15%markup. Re-spornsive® Resourceful a Reliable 11 Proposal for Environmental Services Irerracon Yorkville Redevelopment■ Yorkville, Illinois August 8, 2012 ■Terracon Proposal No. P11120476 In addition, the IEPA also assesses a $2,500 fee when the NFR letter is issued. Estimated total of $8,000 in IEPA review fees. We anticipate that more than one Terracon invoice will be submitted as various tasks are completed; however, not more frequently than a monthly basis. The fee is valid for 60 days from the date of this proposal. The cost estimate is based on the following assumptions: Client will provide to Terracon, prior to mobilization, legal right of entry to the site (and other areas if required)to conduct the scope of services. Client will notify Terracon, prior to mobilization, of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e.g., hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.) Utilities on private land that are not located by public companies will be located by property client/owner/operator. Terracon will not be responsible for underground utilities damages if utilities are not marked correctly. Fri No additional sampling necessary beyond one round of soil and groundwater described above. Additional sampling may be needed depending on the sampling results. Existing site monitoring wells are utilized for groundwater samples. If wells are not suitable for sampling a proposal for installation of replacement wells will be submitted to Client. R Work can be performed during normal business hours (Monday through Friday, 7:00 am to 7:00 pm). Traffic control services are not required. The site is readily accessible by truck; Costs associated with post-closure activities such as monitoring well abandonment and recording the NFR letter are not included in this proposal; Waste transportation and disposal of soil cuttings and/or well purged water services is not included in this scope of work. A proposal for investigation derived waste (IDW) characterization and drum disposal will be provided once a draft NFR letter is provided; 12 Proposal for Environmental Services Irerracon Yorkville Redevelopment■Yorkville, Illinois August 8, 2012 ■ Terracon Proposal No. P11120476 Site closure can be achieved through institutional controls and existing engineered barriers with no active remediation necessary; Vapor intrusion investigation is not necessary.. 4.0 SCHEDULE Terracon is prepared to commence work on this project within 5 business days from the work authorization. The drilling will be scheduled within seven to 10 business days following receipt of written notification to proceed depending on drillers' availability. It is anticipated that the field activities will be completed in two separate one-day mobilizations to the site. The standard analytical turnaround time is seven business days (expedited turnaround is available at an additional charge). The DRAFT written report will be available approximately three weeks following Terracon's receipt of final laboratory analytical report and other necessary information. This written report will reflect final results, findings and recommendations, and, as such, will take precedence over any verbal reports that Terracon personnel may have provided. Terracon notes that, by statute, the IEPA has 90 days to review and comment on combined reports. 5.0 LIMITATIONS Please note that Terracon does not warrant the work of laboratories, regulatory agencies or other third parties supplying information used in the preparation of the report. The proposed services will be performed in accordance with the scope of work agreed with you, our client, as set forth in this proposal and are not intended to be in strict conformance with ASTM International (ASTM) E1903-11. Findings, conclusions and recommendations resulting from these services will be based upon information derived from on-site activities and other services performed under this scope of work; such information is subject to change over time. Certain indicators of the presence of hazardous substances, petroleum products, or other constituents may have been latent, inaccessible, unobservable, nondetectable or not present during these services, and we cannot represent that the site contains no hazardous substances, toxic substances, petroleum products, or other latent conditions beyond those identified during the proposed activities. Subsurface conditions may vary from those encountered at specific borings or wells or during other surveys, tests, assessments, investigations or exploratory services; the data, interpretations, findings and our recommendations are based solely upon data obtained at the time and within the scope of these services. . _ 13 Proposal for Environmental Services Irerracon Yorkville Redevelopment■Yorkville, Illinois August 8, 2012 ■Terracon Proposal No. P11120476 6.0 GENERAL COMMENTS We have attached an Agreement for Services that is incorporated into this proposal and that you must sign to authorize us to do this work. This proposal is valid for 60 days from the date of this proposal. We appreciate the opportunity to provide this proposal and look forward to working with you on this project. If this proposal meets with your approval, please sign the attached Agreement for Services and return a copy to our office via email to Mr. Matt Weiss at mdweiss(),,terracon.com If you should have any questions or comments regarding this proposal, please contact either of the undersigned. Sincerely, Irerraccn 7'4� r Matt Weiss, P.G. Matt Catlin, P.E. Project Manager Senior Principal cc: Ms. Linda Yang, P.G., Terracon Attachment—Agreement for Services Responsive■ Resourceful ■ Reliable 14 lrerracon Reference Number:P11120476 AGREEMENT FOR SERVICES This AGREEMENT is between Engineering Enterprises. Inc. ('Client') and Terracon Consultants, Inc. ("Consultant,) for Services to be provided by Consultant for Client on the Former Grainco FS, Kendall County Farm Bureau and City Parking Lot in Yorkville, IL project("Project),as described in the Project Information section of Consultant's Proposal dated August 8, 2012 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is incorporated into this Agreement). 1. Scope of Services.The scope of Consultant's services is described in the Scope of Services section of the Proposal(`Services'),unless Services are otherwise described in Exhibit B to this Agreement(which section or exhibit is incorporated into this Agreement).Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants(e.g.,mold,fungi,bacteria,viruses,or their byproducts)or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client W11 execute a separate software license agreement.Consultant's findings,opinions,and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party. Either I party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid casts incurred and fees earned to the date of termination plus reasonable costs of closing the project. j 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance.If Client does not follow these procedures, but instead directs, authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement(which section or Exhibit is incorporated into this Agreement).If i not slated in either,fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed porgon.Client shall pay a finance fee of 1.5%Q per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply,and Consultant was not previously notified by Client,Client agrees to pay the prevailing wage from that point forward,as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages,including the payment of any fines or penalties. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a limited time period not to exceed three months from the date of the report,Consultant will issue additional reports to others agreed upon with Client,however Client i understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consultant receives the agreed-upon reliance fee. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE I ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT(AND ITS 1 RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF$25,000 OR CONSULTANT'S FEE,FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE INSURANCE COVERAGE, CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY,OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations.Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims,losses, damages, and expenses to the extent such claims, losses,damages,or expenses are legally determined to be caused by their negligent acts,errors.or omissions. In the event such claims,losses,damages,or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party,and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s)Or the theory of liability:Including negligence,indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of services on the project. B. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale.CONSULTANT MAKES NO WARRANTIES OR GUARANTEES,EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW,INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Page 1 of 2 Rev.B-10 1rerracon - 9. Insurance. Consultant represents that it now carries,and will continue to carry:(i)workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance($1,000,000 occ/$2,000,000 agg);(iii)automobile liability insurance($1,000,000 B.I.and P.D.combined single limit); and (Iv)professional liability Insurance($1,000,000 claim/agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered,independent,and reputable engineer,architect,or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed by and construed according to Illinois law. 12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits,or other exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services: however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures,and that such procedures indicate conditions only at the depths,locations,and times the procedures were performed_Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce -not eliminate-project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor)for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services.Consultant is not responsible for damages caused by services not performed due to a failure to request or schedule Consultanrs services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents,and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. 14. Sample Disposition, Affected Materials, and Indemnity.Samples are consumed in testing or disposed of upon completion of tests(unless stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected i Materials") at or near the site, and shall Immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services, and that Client is responsible for i directing such disposition. In the event that test samples obtained during the performance of Services (t) contain substances hazardous to health, safety, or the environment, or (ii) equipment used during the Services cannot reasonably be decontaminated, Client shall sign documentation (if necessary)required to ensure the equipment and/or samples are transported and disposed of properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs.In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials.Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site.Accordingly, Client waives any claim against Consultant and agrees to indemnify and save Consultant,Its agents,employees,and related companies harmless from any claim,liability or defense cost, including attorney and expert fees, for Injury or loss sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder,or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems,and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultanrs document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities_ Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and { complete the Services and will execute any necessary site access agreement.Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties,including Client,Client's contractors,subcontractors,or other parties present at the site. Consultant: TjDrracon Consultants, Inc. Client: By: at Date: Z By: Date: NamelTitle: �lnc._' G� { I' _ i,�l�!,�lC- ri!lar�t'JTitle: Address: 135 Ambassador Drive ddress: Naperville, Illinois 60540 Phone: 630,717,4263 Fax: 630.357.9489 Phone: Fax: Reference Number:P11120476 i l 4 I Page 2 of 2 Rev.8-10 i August21,2012 EXHIBIT 1 ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES SITE REMEDIATION SERVICES UNITED CITY OF YORKVILLE,IL WORK ITEM NO. Wgpl Il" ENTIT r; PROJECT ROLE' HOURLY RATE: Prinn ENGINEERING 250 Title Search 13 PVo w _ SURVEYING 3,0011 DRAFTING ADMIN. ADMIN. S76 1 WORK REM HOUR SUMM. 17 PERCENT OF HOURS 73-9°/. $ COST PER REM 2,450 PRINCIPAL SENIOR IN PROJECT PROJECT PROJECT PROJECT PROJECT CHARGE MANAGER ENGINEER MANAGER SURVEYORI TECHNICIAN SENIOR CAD PROJECT MANAGER TECHNICIAN $147 $111 5167 $142 $111 $147 $121 $102 4 12 1.0 Coordinatian and Pro eCt Mani eltlettl 2.0 Legal Description Development 2 1 3 130% $ 362 3 Land Title Record Research 2 1 3 130% S 362 _ 0 00k S Conslructiori ginewltrig 9 T$ 41 31 100% TW4 — wrml Y DIRER EXPENSES E Ernenm- Prinn S 250 Title Search 13 PVo w S 3,0011 5u6 ifenacan! 3 24.500 DIRECT S "ON. LASORSUMMARY E Ernenm- 5 2.372 swr Y (xioum—= S 568 OT.Mrxi F x+n R = S - AdminiH+ative E-P:me S 234 TOTALLRBOR'EKFERSES- 31 T7i G.\Public\Yorkville\2012\Y01228-P Site Remedlation(iormer Grainco FS,Kendall Counly Farm Bureau&City Parking Lot)\Eng\Fee Estimate xisx Standard I Schedule of Charges January 1,2077 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $167.00 Senior Project Manager E-2 $155.00 Project Manager E-1 $142.00 Senior Project Engineer/Planner/Surveyor II P-6 $130.00 Senior Project Engineer/Planner/Surveyor I P-5 $121.00 Project Engineer/Planner/Surveyor P-4 $111.00 Senior Engineer/Planner/Surveyor P-3 $102.00 Engineer/Planner/Surveyor P-2 $ 93.00 Associate Engineer/Planner/Surveyor P-1 $ 83.00 Senior Project Technician II T-6 $121.00 Senior Project Technician I T-5 $111.00 Project Technician T-4 $102.00 Senior Technician T-3 $ 93.00 Technician T-2 $ 83.00 Associate Technician T-1 $ 74.00 Administrative Assistant A-3 $ 78.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $133.00 2 Man Field Crew with Standard Survey Equipment $207.00 1 Man Field Crew with RTS or GPS* $164.00 2 Man Field Crew with RTS or GPS* $238.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.(Color) *RTS=Robotic Total Station/GPS=Global Positioning System Road,52 Wheeler • Grove, 60554 1) 466-6700 1 466-6701 •• `,SAD C►p 011% Memorandum To: City Council EST 1836 From: Bart Olson, City Administrator CC: .y� p Date: August 8, 2012 �.MQW* Subject: Downtown Brownfield Study LE Summary Consideration of a Phase III brownfields study agreement, for purposes of receiving no- further-remediation (NFR) letters or remediation options on the FS property, Farm Bureau Property, and municipal parking lot in the downtown. Background In 2004, the City Council received a grant from the Illinois EPA to study a potential brownfield in the downtown. The EPA describes a brownfield as: [R]eal property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance,pollutant, or contaminant. Cleaning up and reinvesting in these properties protects the environment, reduces blight, and takes development pressures off greenspaces and working lands.' In this case, the City's downtown parking lot east of the buildings that front the east side of Route 47 had long been rumored to be contaminated from uses on and adjacent to the property. The Kendall County Farm Bureau building had a fueling station and the FS property had seen a variety of agricultural and industrial uses in the past several decades. The ongoing industrial use of these properties resulted in some contamination of all three properties, as described in the attached phase II engineering report. At the end of the phase II engineering report, the City's consultant had theorized that it may be possible to build on any of the properties by containing the contamination on site utilizing various engineering and construction techniques. Another option for site remediation included an active cleanup (which would have been prohibitively expensive for the level of contamination observed). Formal discussion of those options would require a phase III brownfield study, which would then be used to petition the IEPA for an NFR letter for each of the property owners. The phase II engineering report had a $90,000 price tag, of which 70%was paid by an IEPA grant and 30% of which was paid by the City. The City applied for the IEPA grant, administered the grant, and produced the final report through a consultant. At the end of the ' http://www.epa.gov/brownfields/ phase II report, the City, the Kendall County Farm Bureau, and Grainco FS discussed how to proceed with and fund a phase III report. At the time of the discussion on the funding of the phase III report (2005-2006), the City was in the middle of setting up the downtown TIF. Thus, the two options discussed by senior staff, the Kendall County Farm Bureau and Grainco FS was that the phase III report would be funded through a combination of IEPA grants, City funds, and downtown TIF funds. Once the report was completed any cleanup required on any property would be borne solely by the individual property owner. For a variety of reasons, including the economic downturn, the City, Farm Bureau and FS never proceeded with the phase III brownfield report. Current proposal Imperial Investments now owns the FS property and would like to proceed with development of the property,pending successful environmental remediation of the Brownfield. Since a large portion of the contaminated area was the City's parking lot, and the downtown TIF is now activated and has available funds, this is a good opportunity to complete the phase III brownfield report and clear up the environmental issues on one public property and two private properties. Staff is currently reviewing engineering agreement proposals from various EEI subconsultants, and will be prepared to bring a final agreement to the August 28th City Council meeting, if City Council gives us direction to proceed with pursuing the phase III study. The end result of the study would be NFRs for the various properties, or clear direction on what must be done to the property to receive an NFR. Given the City's past history of funding this type of study, and the availability of TIF funds, we do recommend that the City cover the entire cost of the phase III study. We expect the final cost of the study to be between $30,000 and $50,000. Recommendation Staff seeks direction to continue pursuing a phase III brownfield study for the City parking lot property, FS property, and Farm Bureau property, to be funded by downtown TIF funds. AW Air Aff n x AV `z w J. ; 1 AW Air REPORT OF FINDINGS INITIAL PHASE II SITE INVESTIGATION Project Name: Grainco FS Municipal Parking Lot 123 East Van Emmon Street SE Corner Rte 47 & Hydraulic Ave. Yorkville, Illinois Yorkville, IIlinois Kendall County Farm Bureau 111 East Van Emmon Street Yorkville, Illinois Prepared For: The United City of Yorkville 800 Game Farm Road f: Yorkville, Illinois Prepared By: Civil & Environmental Consultants, Inc. 3041 Woodcreek Drive, Suite 210 Downers Grove, IL 60515 CEC Project No. 050-224 October 2005 Civil & Environmental Consultants, Inc 3041 Woodcreek Drive, Suite 210 • Downers Grove Illinois 60515 iea phone 6301963-6026 - Fax 6301963-6027 -Toll Free 8771963-6026 - E-mail chicago @cecinc.com Cincinnati Colunnbus .Export Indianapolis Nashville Pittsburgh St. Loris '� Corporate Web Site http://www.cecinc.con Execirtim Summary x; EXECUTIVE SUMMARY Civil & Environmental Consultants, Inc. (CEC) has prepared this Initial Phase II Site .;: Investigation for the three properties identified as: 1) Grainco FS, 123 East Van Emmons Street; 2) the Municipal Parking Lot, located to the southeast of the Route 47 and Hydraulic Avenue intersection; and, 3) the Kendall County Farm Bureau, III East Van Emmons Street, in Yorkville, Kendall County, Illinois. Where appropriate, these three contiguous properties shall be referred to as "the Site." The Site location is shown in Figure 1. The Site Investigation activities were performed in May and June 2005. CEC completed a total 4' of seventeen soil borings across the Site. All borings were completed to the top of the weathered bedrock surface, ranging in depth from 3.5 ft. below ground surface (bgs) to 11 R. bgs, with an average depth of 7.5 ft. bgs. In addition to the seventeen soil borings, a temporary piezometer was set in the underlying bedrock. The locations of the borings and piezometer are shown in Figure 2. The soil borings were advanced using a truck-mounted direct push Geoprobe"M rig. The soils were continuously sampled using a 4-foot long MacrocoreTM sampler. The soil samples were 2 ' logged in accordance with the Unified Soil Classification System (USCS) and screened with a calibrated photoionization detector (PID) with a 10.6 eV lamp to determine the potential presence of volatile organic compounds (VOCs). The soils were screened for visual signs of contamination or unusual odors. The additional boring advanced into the bedrock was drilled using a truck mounted hollow stem auger rig with NX- wireline rock coring capabilities. Boring logs are presented in Appendix A. C. One representative sample was collected from each borehole from a depth most likely to contain potential contamination and submitted for laboratory analysis. The analytical results of these :f samples are presented Appendix B. ES-1 Executive`Siimma t ')the results of this investigation indicate that the Site soils are approximately 3 to 11 feet thick the Site and no groundwater was observed in the soils overlying the bedrock. The limestone and dolomitic bedrock is heavily weathered at its interface with overlying soils. :No groundwater was encountered during the soil investigation. Based on weathering b characteristics of the materials observed and former reports by Terracon, it is believed that groundwater has existed at least seasonally in the unconsolidated sediments. The water level s, y' was found approximately 12 feet below grade at an approximate elevation of 575 msl in the temporary bedrock piezometer situated in the central portion of the Site. eo 4 A review of the analytical laboratory reports for soil samples collected at the Site during CEC's Initial Phase II Site Investigation indicates that no VOCs, herbicides, PCBs or nitrates were �4 detected above TACO Residential or Industrial/Commercial Soil SROs. There were detections of ethylbenzene and total xylenes above reporting limits at GP-10, GP-15, GP-16 and GP-17. .a Nitrates were reported in samples for GP-07, GP-08 and GP-09 (the only three locations tested). �4 TCLP nitrate levels for these three samples were reported at or above detection limits but below the Soil Component of the Groundwater Ingestion Exposure Route for Class I Groundwater. The Nitrate levels were found to exceed the SROs and GROs by Terracon near these boring locations. The results of the nitrate testing are summarized and presented in Table 2. SVOCs were detected in samples collected from four soil borings: GP-11, GP-15, GP-16 and r. GP-17. No SVOCs were detected in any of the other borings other than the four indicated above. K The results are discussed in the following and are summarized and presented in Table 3. gP ara paragraph P ' A wide range of fuel-related components were present above detection limits in soil boring GP- 11. Residential Ingestion SROs and the Soil Component of the Groundwater Ingestion Exposure Route for Class I Groundwater were exceeded in GP-11 for benzo(a)anthracene, benzo(a)pyrene, benzo(k)floranthene, dibenzo(a,h)anthracene and ideno(1,2,3-cd)pyrene. ES-2 Executive Summary The Soil Component of the Groundwater Ingestion Exposure Route for Class I Groundwater SRO was exceeded for 2-methylnaphthalene at GP-11, GP-15 and GP-17. The Industri al/Commercial Construction Worker Inhalation SRO was exceeded for naphthalene at GP-11, GP-15 and GP-17. No SVOCs exceeded the SROs in GP-16. lThe source(s) of the contaminants at GP-11 may be related to either the former fuel oil UST on the Farrn Bureau property or the LUSTS or other activities at the former service station on the IGrainco FS property. The fuel-related contamination at the other locations is likely related to the LUSTS or other activities at the former service station. Tests for Total RCRA Metals indicates that TACO Background Values for Concentrations of Inorganic Chemicals in Counties Outside Metropolitan Statistical Area were exceeded at multiple locations for the following metals: • Arsenic, barium, cadmium, chromium, lead, mercury, and silver. With the exception of lead, none of the Residential or Industrial/Commercial SROs are exceeded in any of the soil samples collected. Lead exceeded the Residential and Industrial/Commercial SROs at GP-01. Taking the range of on-Site soil pH into consideration, none of the total RCRA metals except lead and os� sibly chromium exceeded the TACO pH Specific Soil Remediation Objectives of the Groundwater Ingestion Exposure Route. When the results of the TCLP and SPLC testing for metals are taken into consideration at seven locations at the Site, the Component of the Groundwater Ingestion Exposure Route for Class I Groundwater SRO was exceeded for lead at three of those locations. Lead may be leachable at other locations where the samples were not tested for TCLP or SPLP. ES-3 Executive Sunrntary The potential source of the widespread elevated lead values, particularly on the Municipal ' Parking Lot property, is currently unknown. There are no readily apparent lead sources identified during the on-Site investigations. - The results of the total chromium and pH testing may indicate pH Specific Soil Remediation Objectives of the Groundwater Ingestion Exposure Route is exceeded at GP-05, GP-07 and GP- 09. For this SRO to be exceeded, most or all of the chromium detected would have to be Ihexavalent chromium, which is unlikely. There were no detections of VOCs or SVOCS in the screening sample collected from the temporary bedrock piezometer. However, it should be noted that the screened portion of the piezometer does not extend across the water table and may not reflect the water table conditions, which may potentially include dissolved contamination or floating separate-phase product. It is recommended that additional subsurface work be performed at the Site to further delineate Ithe lateral and vertical extent of contaminants found during this investigation and previous studies on the Grainco FS property by Terracon. We recommend the additional work would include 25 soil borings with associated sampling and analytical testing. The locations of the proposed soil borings are presented in Figure 3. f I I 1 r ES-4 Fig Par t �Lj Ci -- - - - - j. t�{� ,• -ma y c - =-�}, �� _ Tj4 1 s. - I `�:��,1..1, • '�T'�—q�y� rte,,,�• , \ r' _ `may�_^-•3 It t I.it I, 4 ,,�l L ; eta I`� # 11 i J`4 _.,• L IRt;', ' i�t� �.l Cti k ,4 I' 1I i S V i� ,:� 1�: �lit I { "�L �!!•- I '. - 111!! % W 1('4111`1''. IY i r � �. � e •r •II - it Adapted from the 1993 Yorkville, Illinois Scale — 1:1,000 7.5 minute Quadrangle Map Figure 1 CIVIL & ENVIRONMENTAL CONSULTANTS Site Location Map 3041 Woodcreek Drive, Suite 210 Yorkville, Illinois Downers Grove, Illinois Reviewed By: Agenda Item Number 606 Legal 0 PC #1 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ® Tracking Number m Human Resources F-1 C�"Sad `=Q Community Development ❑❑ PC 2012-04 Police Public Works ❑ Agenda Item Summary Memo Title: Comprehensive Subdivision Control Ordinance Text Amendment Meeting and Date: City Council —August 28, 2012 Synopsis: Request for text amendment approval to the Subdivision Control Ordinance related to processes and procedures for subdivision securities. Council Action Previously Taken: Date of Action: 8-8-12 Action Taken: Plan Commission recommendation Item Number: PC 2012-04 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memorandum and draft ordinance. Memorandum O To: City Council From: Krysti J. Barksdale-Noble, Community Development Director EST. 1836 CC: Bart Olson, City Administrator Date: August 21, 2012 Subject: PC 2012-04—Text Amendment to Title 11, Chapter 5 of the United 9 °°° a O City of Yorkville's Municipal Subdivision Control Ordinance regarding the Kendae counTy �� processes and procedures for subdivision securities. <LE '►�' Proposed Text Amendment: Staff is seeking approval of a recommendation from the Plan Commission to amend the Subdivision Control Ordinance as outlined briefly below and in detail within the attached memorandum regarding these processes and procedures for handling instruments of securities for subdivisions. The following overarching policy solutions provided herein are in an effort to address the unfinished residential subdivision within Yorkville to ensure that the City's interest regarding future public infrastructure is protected. The following proposed recommendations relate specifically to deadlines for completion of certain public subdivision improvements; developer acknowledgement of the public improvement completion schedule; increasing the contingency amount of subdivision securities and establishing procedures for the reduction and release of subdivision securities: I. Revise Subdivision Control Ordinance to require completion of Subdivision within 4 years of from final plat approval. a. Revise the inconsistency/disconnect between the Standard Specifications for Improvements requirements for acceptance and roadway construction to reflect the proposed new Subdivision Control Ordinance requirements for completion of all improvements within four(4)years from the date of approval of the final plat. b. Clarify the distinction between "final plan" in Section 11-5-1 and "final plat" in Section 11-5-5 of the Subdivision Control Ordinance by referencing the "final engineering plan" and"final subdivision plat",respectively. c. Amend the Subdivision Control Ordinance to provide the following statement "the failure to complete any infrastructure component is a violation of the code if such incomplete component may result in the harm to the system or potential failure of the system." d. Extensions may be requested by the Developer and approved by either the City Council upon recommendation by the City Engineer and Public Works Director. e. Extensions granted for no more than 1 year at a time and require: (1) submittal of a revised construction schedule, (2) updated engineers estimate of probable cost for completion and(3)updated LOC or Bond with revised amounts. f. Require a$500.00 application fee for construction extension requests. g. Revise the current Subdivision Control regulations to require roadways and final surface course be installed no later than three(3) construction,years of initial construction date. H. Revise Subdivision Control Ordinance to require an "Acknowledgement of Public Improvement Completion Schedule" a. Schedule outlines when the public improvements are to be completed and signed by the City&Developer. b. Schedule states the City will place as a condition in the Final Plat of Subdivision approval Ordinance or PUD Agreement Ordinance that the development must have all streets, sewers, water mains, street lights, etc... installed in a workmanship like manner within 4 years of initial construction. c. Schedule will require the developer provide proof via a title search that all accepted infrastructure is free and clear of all liens and encumbrances. d. Schedule states the developer will maintain the public improvements until they are approved and accepted by the City. III. Procedural Change to Require Quarterly Tracking of Letters of Credits and Bonds re: Expiration Dates a. Projects nearing 2 years into construction will receive status inquiry letter from City Engineer and require an updated Public Improvement Completion(PIC) Schedule. b. Projects nearing 3 years into construction will receive status inquiry letter from City Engineer with punchlist and require an updated PIC Schedule. c. Projects nearing 4 years into construction will receive status inquiry letter from City Engineer with punchlist,require an updated PIC Schedule and formal notification that the project will be in default if an extension is not requested/approved prior to 4 year construction deadline. d. Projects over 4 years into construction will receive formal notification of default from City Engineer, at the City council direction, indicating that the LOC or Bond is subject to a demand for call within sixty (60) days of date of notice should the developer not seek an extension for completion. IV. Revise Section I1-5-2 of the Subdivision Control Ordinance re: Contingency Requirement and Reduction of Bond Procedures • Increase the contingency requirement from ten percent (10%) to twenty percent (20%) contingency of the required improvements, as estimated by the engineer employed by the subdivider and approved by the city engineer, to assure the satisfactory installation of required improvements. • Codify the currently practiced reduction and release of letter of credit/bonds procedures as part of the partial or final acceptance process for subdivision improvements. Plan Commission Action: The Plan Commission reviewed the requested text amendment at a public hearing held on August 8,2012 and made the following action: In consideration of testimony presented during a Public Hearing on August 8, 2012 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request for text amendment to Title 11, Chapter 5 Required Improvements of the Municipal Subdivision Control Ordinance related to processes and procedures for subdivision securities including deadlines for completion of certain public subdivision improvements, developer acknowledgement of the public improvement completion schedule, increasing the contingency amount of subdivision securities and establishing procedures for the reduction and release of subdivision securities, as presented by staff in a memorandum dated August 1,2012. Action Item• Lindblom-aye; Prochaska-aye; Crouch-aye; Baker-aye; Winninger-aye; Jones-aye. 6 ayes; 0 nays; 0 abstentions For your reference, a draft ordinance and staff's memorandum submitted to the Plan Commission regarding this request. Should you have additional questions; staff will be available at Tuesday night's meeting to address the City Council. Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AMENDING THE REQUIREMENTS IN THE YORKVILLE SUBDIVISION CONTROL ORDINANCE REGARDING COMPLETION OF IMPROVEMENTS AND BOND PROCEDURES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 11-7-1 of the Yorkville Subdivision Control Ordinance the Mayor and City Council (the "Corporate Authorities") may initiate amendments to the Yorkville Subdivision Control Ordinance; and, WHEREAS, the Corporate Authorities on June 26, 2011 authorized the filing of amendments to the Yorkville Subdivision Control Ordinance regarding completion of improvements and bond procedures; and, WHEREAS, the Plan Commission convened and held a public hearing on the 8th day of August, 2012, to consider the request to amend the Subdivision Control Ordinance and, WHEREAS, the Plan Commission after the close of the hearing approved findings of fact and made a recommendation to the Corporate Authorities that the proposed amendments be approved. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the above recitals are incorporated and made a part of this Ordinance. Section 2. That Title 11, Chapter 1, Section 11-1-4 of the Yorkville City Code, as amended, be and is hereby amended by amending the definitions of PLAN, FINAL and PLAN, PRELIMINARY to read a follows: "PLAN, FINAL: The final engineering plan, map or drawing,plus all accompanying information required by this title. PLAN, PRELIMINARY: The preliminary engineering plan, map or drawing,plus all accompanying information required by this title." Section 3. That Title 11, Chapter 1, Section 11-5-1 of the Yorkville City Code, as amended, be and is hereby amended to read a follows: "11-5-1: IMPROVEMENT REQUIREMENTS PRIOR TO FILING FINAL PLAT: Upon approval of both the final plan and the plans and specifications for the required subdivision improvements by the plan commission, director of public works, and the City engineer, and upon approval of the appropriate agencies as evidenced by state and county permits, where required, the subdivider shall construct and install the required subdivision improvements prior to filing the final plat Ordinance No.2012- Page 1 with the plan commission for final approval. If construction does not begin within four(4) years of final plat approval, the subdivider may be required to revise the plat to comply with new City requirements." Section 4. That Title 11, Chapter 1, Section 11-5-2 of the Yorkville City Code, as amended, be and is hereby amended to read a follows: "11-5-2: SUBDIVISION SECURITIES: A. In lieu of construction in section 11-5-1 of this chapter, the subdivider shall post with the City, a construction guarantee in the form of an irrevocable Letter of Credit or irrevocable Performance Bond, payable to the United City Of Yorkville, sufficient to cover the full cost, plus twenty percent(20%), of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City engineer, to assure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications. A surety or bank recognized by the state of Illinois, and approved by the City attorney, shall issue the bond or letter of credit posted, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard bond form or letter of credit form used by the City. Construction guarantee shall not be reduced to below twenty percent 20%) of the approved engineer's estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one year. Subsequent renewals of the construction guarantee shall also be for a period of at least one year. B. Projects nearing two (2) years into construction will receive a status inquiry letter from the City engineer and require an updated Public Improvement Completion(PIC) Schedule. C. Projects nearing three (3) years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements and will require an updated PIC Schedule. D. Projects nearing four(4) years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four(4) year construction deadline. E. Projects over four(4) years into construction will receive notification of default from the City Engineer, at the City Council direction, indicating that that the Letter of Credit or Performance Bond is subject to a demand for call within sixty(60) days of the date of the notice should the developer not seek an extension for completion. F. Reduction of Subdivision securities. Final acceptance, approval of land improvements and corresponding reduction or release of Letters of Credit and/or Performance Bonds for developments whose initial Letter of Credit or Performance Bond amounts is less than $1,000,000 shall be as follows: (1) The City Engineer shall issue a written recommendation including the basis for approving, denying or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the Engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the Letter of Credit or Performance Bond to the date of reduction. In order to calculate the inflation factor, the Engineering News Record Construction Cost Index shall be used. The City engineer shall also determine the remaining amount of the Letter of Credit and/or Performance Bond after the reduction. Ordinance No.2012- Page 2 (2) The City Engineer's written recommendation shall be forwarded to the City Administrator for approval. (3)Upon the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision. (4) In the event the City Administrator does not concur wit the City Engineer's recommendation, the Mayor shall have the final authority to approve to deny the City Engineer's recommendation. (5)A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision. (6)the City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize Letter of Credit and/or Performance Bond reduction requests that have been received and actions taken pursuant to those requests. (7)Final acceptance, approval of land improvements and corresponding reduction or release of Letters of Credit and/or Performance Bonds for developments whose initial Letter of Credit or Performance Bond amounts is more than$1,000,000 shall be approved by the City Council. Section 5. That Title 11, Chapter 1, Section 11-5-3 of the Yorkville City Code, as amended, be and is hereby amended to read a follows: "11-5-3: CONSTRUCTION WARRANTY: A. The subdivision irrevocable Performance Bond or Letter of Credit shall be released after an appropriate City Council action accepting the improvements for public ownership. Except as provided in subsection B of this section, this subdivision Letter of Credit or Performance Bond will not be released until a one year maintenance bond or letter of credit is posted with the City Clerk for ten percent (10%) of the land improvement cost, to ensure that any and all improvements will properly function as designed, with no defects before the City Council formal acceptance. B. A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that does not serve, benefit, or impact properties other than the one being developed. C. It is a violation of this Code to fail to complete an infrastructure component that results in harm to the public improvement system or in the potential failure of the system." Section 6 That Title 11, Chapter 1, Section 11-5-5 of the Yorkville City Code, as amended, be and is hereby amended to read a follows: "11-5-5: CONSTRUCTION AND INSPECTION: A. Written notice to proceed shall be obtained from the City engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently existing road, and work must proceed in accordance with construction methods of this section through section 11-5-16 of this chapter, and the City's standard specifications for improvements. Ordinance No.2012- Page 3 B. Construction of all improvements required by this title must be completed within four(4) years from the date of approval of the final plat, unless good cause can be shown for granting an extension of time. C. The subdivider shall pay all expenses incurred by the City of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction. D. On street parking during build out of the development shall be limited to one side only of all streets. In general,parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage, as required by the Yorkville police department. E. Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights of ways at any time, without exception. F. The subdivider is required to submit an Acknowledgment of Public Improvement Completion(PIC) Schedule in a form approved by the City Attorney and City Engineer. The PIC schedule shall include the following information: (1) The schedule when public improvements are to be completed. (2) The schedule shall state that the City will place as a condition in the Final Plat of Subdivision approval Ordinance or PUD Ordinance that the development must have all streets, sewers, water mains, street lights, and other public improvements installed in a workmanship like manner within four(4) years of initial construction. (3) The schedule will require the subdivider/developer to provide proof by a title search that all accepted infrastructure is free and clear of all liens and encumbrances. (4) The schedule shall state that the subdivider/developer will maintain the public improvements until they are approved and accepted by the City." Section 7. That Title 11, Chapter 1, Section 11-5-9 of the Yorkville City Code, as amended, be and is hereby amended to read a follows: "11-5-9: STREETS: Street improvements shall be installed by the developer, shall be in accordance with the table of minimum standards herein, and in accordance with the City's standard specifications for improvements. Rights of way at intersections shall have a twenty five foot(25')radius or chord where right of way lines intersect. The final surface course for roadways shall be installed no later than three (3) construction years after the initial construction date of the binder course." Section 8. That Title 11 of the Yorkville City Code, as amended, be and is hereby amended by adding Chapter 9 to read a follows: "Chapter 9 Construction Extensions 11-9-1: REQUEST A developer may make a written request to the City council for a construction extension. The City Engineer and Public Works Director shall make a recommendation to the City Council on whether an extension shall be granted. Ordinance No.2012- Page 4 11-9-2: SUBMITTALS AND LENGTH OF TIME A request of an extension by a developer shall include a revised construction schedule, an updated engineer's estimate of probable cost of completion and an updated Letter of Credit or Performance Bond with the revised amounts. Extensions shall not be granted for more than one (1) year but subsequent requests may be made. 11-9-3: FEE A request for an extension shall be accompanied with a$500.00 application fee." Section 9. That Resolution No. 2009-40 passed September 28, 2012 be and is hereby repealed. Section 10. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Ordinance No.2012- Page 5 .�� c►rr Memorandum 0 1% To: Plan Commission EST. -� _ 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator L Date: August 1, 2012 Subject: Text Amendment to Title 11, Chapter 5 of the United City of Keneae c°iety Yorkville's Municipal Subdivision Control Ordinance regarding the Processes and Procedures for Subdivision Securities. Background and Request: Over past several months, staff has worked with the Public Works Committee to find an overarching policy solution to address the unfinished residential subdivision within Yorkville. In staff's analysis, the first approach was to re-evaluate our current subdivision security requirements (i.e., performance bonds and letters of credit) to ensure that the City's interest regarding future public infrastructure is protected. As part of these discussions, staff presented its recommendations to the Committee of the Whole and City Council for amending the Subdivision Control Ordinances policies related specifically to deadlines for completion of certain public subdivision improvements; developer acknowledgement of the public improvement completion schedule; increasing the contingency amount of subdivision securities and establishing procedures for the reduction and release of subdivision securities. Per the direction received at the June 26, 2012 City Council meeting, staff is seeking recommendation from the Plan Commission to amend the Subdivision Control Ordinance as outlined within this memorandum regarding these processes and procedures for handling instruments of securities for subdivisions. Instruments for Securing Subdivision Improvements: There are two (2) basic types of financial security instruments used to guarantee the proposed improvements for a subdivision are constructed should the developer default in completing the work, a Performance Bond or Letter of Credit (LOC). However, Illinois statues allow for the developer to choose which form of security,bond or letter of credit,to guarantee subdivision improvements (65 ILLS 5111-39-3). What is a Performance Bond? Simply stated,performance bonds are instruments of security used by contractors/developers to guarantee the work performed will be completed as specified by the governmental agency approving (and eventually accepting) the public and private improvements. The public improvements typically covered by a performance bond include: streets, walkways, utilities, lighting, grading, sediment and erosion control, stormwater basins, landscaping, and other construction-related items critical to developing any large-sized subdivision project. Supplemental "maintenance" or "warranty" bonds may be required for one-year following the completion and acceptance of the improvements,to further secure against defective work, labor and/or materials. How Performance Bonds are Used to Secure Developments Surety companies extend "coverage" in the form of a bond, to a contractor/developer ("principal") enabling them to enter into an agreement with a governmental agency("obligee") guaranteeing the completion of the subdivision project. The provisions of the contract are, in general, contained within the language of the performance bond itself, and include some of the following components: • Name of the Surety Company,Principal and Obligee • Date of Bond Issuance • Bond Amount(Penal Sum) • Scope of Work to be Performed • Term or Period for Completion of Work • Provisions and/or Conditions for Default Should the "principal" default on completing the bonded improvements, either by failing to finish within the time specified or not performing the work in a manner as required by the subdivision control ordinance, the bond allows for the "obligee" to pursue the surety company to perform or fund the completion of the improvements up to the secured amount. Bonds vs. Letter of Credits (LOCs) The primary difference between a bond and a letter of credit (LOC) is insurance vs. credit. A surety company (insurance broker) issues a "bond", while a financial institution (bank) provides letters of credit. The fee, or premium, of a bond is a percentage of the total bonded amount, typically ranging between one- and five- percent of the penal sum. A letter of credit(LOC) is a secure line of funds,up to the specified amount, guaranteed by the financial institution to be made payable should the terms of the agreement not be met. Letters of credit are based on creditworthiness and typically require some form of security by the developer. The principal of the bond is guaranteeing the work to be performed, thereby the surety anticipates little to no exposure for payment'. With letters of credit, the bank has set aside secured funds as a guarantee of payment should a default occur; the higher the amount guaranteed by the bank, the higher the fee to the developer. Based on this premise, a letter of credit(LOC)is easier to collect than a bond. Current Subdivision Control Ordinance Requirements The City's Subdivision Control Ordinance establishes regulations for how security instruments, such as bonds and letters of credit, will be administered. Below are bullet points of Chapter 5: Required Improvements within the Subdivision Control Ordinance and Standard Specifications for Improvements which relate to construction guarantees: • Section 11-5-1: Improvement Requirements Prior to Filing Final Plat — If construction does not begin within four (4) years of final plan approval, the subdivider may be required to revise the plan to comply with new city requirements (Ord. 2004-52, 9-28-2004) • Section 11-5-2: Subdivision Securities — The subdivider shall post with the City of Yorkville, a construction guarantee in the form of irrevocable letter of credit or irrevocable bond, payable to the United City of Yorkville, sufficient to cover the full cost, plus ten percent (10%) of the required improvements, as estimated by the engineer employed by the subdivider and approved by the city engineer, to assure the satisfactory installation of required improvements...The construction guarantee shall not be reduced to below fifteen percent (15%) of the approved engineer's estimate prior to acceptance of the public improvements by the city. (Ord. 2004-52, 9-28-2004). • Section 11-5-3A: Construction Warranty — The subdivision letter of credit or bond will not be released until a one year maintenance bond or letter of credit is posted with the city clerk for ten percent 10%) of the land improvement cost,to ensure that any and all improvements will properly function as design,with no defects before the city council formal acceptance. • Section 11-5-3B: Construction Warranty—A maintenance guarantee shall be required for all landscaping, but shall not be required for improvements that are in private property that do not serve,benefit, or impact properties other than the one being developed(Ord. 2011-03, 1-11-2011). • Section 11-5-5B: Construction and Inspection — Construction of all improvements required by this title must be completed within two (2)years from the date of approval of the final plat,unless good cause can be shown for granting an extension of time. (Ord. 2004-52, 9-28-2004). • Section 11-5-8: Acceptance of Dedication, Improvements- A maintenance bond will then be required in the amount of ten percent (10%) of the cost of the land improvements, as specified in this title, after city council acceptance(Ord. 2004-52, 9-28-2004) 1 Surety Companies are required to be licensed by the Department of the Treasury which provides a list of all certified companies in good standing htip://www.ftns.treas.gov/c570/c570 2 • Resolution No. 2004-39: Resolution for the United City of Yorkville Standard Specifications for Improvements.' • States that "The City will not consider acceptance of the public improvements in a development until it is at least fifty (50) percent built out, or three years after the roadway binder course is paved,whichever is sooner." • States that"Surface course must not be placed until at least seventy(70%)of the adjacent,private improvements are in place. However,in no case shall the surface course be placed until the binder course has been in place for at least one full winter season. In no case shall the surface course be delayed more than three 3 years after the binder course has been installed." Resolution No. 2004-40: Resolution Modifying a Policy Regarding Procedure and Authority to Reduce Letters of Credit and Performance Bonds for Construction of Land Improvements (see attached).3 • States that requests for reductions for initial bonds or LOCs less than $1 million "The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. Said written agreement shall include the amount of the reduction based upon the Engineer's estimate of probable cost as adjusted by an inflation factor front the initial date of the issuance of the Letter of Credit or Performance Bond to the date of reduction. In order to calculate the inflation factor, the Engineering News Record Construction Cost Index shall be used. The City Engineer shall also report the remaining amount of the Letter of Credit and/or Performance Bond after reduction." • City Engineer forwards his written recommendation to the City Administrator for approval. If the City Administrator concurs with the City Engineer's recommendation, the reduction is approved or denied and the City Engineer is authorized to issue a letter to implement the decision. However, should the City Engineer and City Administrator differ, the Mayor has the final authority to approve or deny the City Engineer's recommendation. Developer's appeals of the City Administrator's decision are heard by the Mayor,who shall have final determination. • States that requests for reductions for initial bonds or LOCs more than $1 million shall be placed before the City Council for approval. • States that "The retainage used in calculations for Letters of Credit and/or Performance Bond reductions is twenty percent(20%). Proposed Amended Policies and Procedures I. Revise Subdivision Control Ordinance to require completion of Subdivision within 4 years of from final plat approval. a. Revise the inconsistency/disconnect between the Standard Specifications for Improvements requirements for acceptance and roadway construction to reflect the proposed new Subdivision Control Ordinance requirements for completion of all improvements within four (4) years from the date of approval of the final plat. b. Clarify the distinction between"final plan"in Section 11-5-1 and"final plat" in Section 11-5-5 of the Subdivision Control Ordinance by referencing the "final engineering plan" and "final subdivision plat",respectively. c. Amend the Subdivision Control Ordinance to provide the following statement "the failure to complete any infrastructure component is a violation of the code if such incomplete component may result in the harm to the system or potential failure of the system." Z Resolution 2004-39 establishes the standards by which all infrastructure improvements are to be constructed.However,because it is not an ordinance,the requirements are not codified as part of the Subdivision Control Ordinance. 3 Resolution 2009-40 modified the policy and procedure and authority to reduce letters of credit and performance bonds for construction of land improvements.However,because it is not an ordinance,the requirements are not codified as part of the Subdivision Control Ordinance. 3 d. Extensions may be requested by the Developer and approved by either the City Council upon recommendation by the City Engineer and Public Works Director. e. Extensions granted for no more than 1 year at a time and require: (1) submittal of a revised construction schedule, (2) updated engineers estimate of probable cost for completion and (3) updated LOC or Bond with revised amounts. f. Require a$500.00 application fee for construction extension requests. g. Revise the current Subdivision Control regulations to require roadways and final surface course be installed no later than three(3) construction years of initial construction date. II. Revise Subdivision Control Ordinance to require an "Acknowledgement of Public Improvement Completion Schedule" a. Schedule outlines when the public improvements are to be completed and signed by the City & Developer. b. Schedule states the City will place as a condition in the Final Plat of Subdivision approval Ordinance or PUD Agreement Ordinance that the development must have all streets, sewers, water mains, street lights, etc... installed in a workmanship like manner within 4 years of initial construction. c. Schedule will require the developer provide proof via a title search that all accepted infrastructure is free and clear of all liens and encumbrances. d. Schedule states the developer will maintain the public improvements until they are approved and accepted by the City. III. Procedural Change to Require Quarterly Tracking of Letters of Credits and Bonds re: Expiration Dates a. Projects nearing 2 years into construction will receive status inquiry letter from City Engineer and require an updated Public Improvement Completion(PIC) Schedule. b. Projects nearing 3 years into construction will receive status inquiry letter from City Engineer with punchlist and require an updated PIC Schedule. c. Projects nearing 4 years into construction will receive status inquiry letter from City Engineer with punchlist,require an updated PIC Schedule and formal notification that the project will be in default if an extension is not requested/approved prior to 4 year construction deadline. d. Projects over 4 years into construction will receive formal notification of default from City Engineer, at the City council direction, indicating that the LOC or Bond is subject to a demand for call within sixty (60) days of date of notice should the developer not seek an extension for completion. IV. Revise Section 11-5-2 of the Subdivision Control Ordinance re: Contingency Requirement and Reduction of Bond Procedures • Increase the contingency requirement from ten percent(10%)to twenty percent(20%) contingency of the required improvements, as estimated by the engineer employed by the subdivider and approved by the city engineer,to assure the satisfactory installation of required improvements. • Codify the currently practiced reduction and release of letter of credit/bonds procedures as part of the partial or final acceptance process for subdivision improvements. Staff Comments: In an effort to ensure the future timeliness of development and sufficiently prepare the City should we need to seek recourse for incomplete public infrastructure secured by these performance bonds or letters or credit, 4 staff believes that the implementation of these proposed amendments to the Subdivision Control Ordinance will also allow for better tracking of development construction within the City, and a less subjective process for calling of bonds/LOCs. Staff will be available to answer any questions the Plan Commission may have regarding the proposed text amendment. Should the Plan Commission decide to recommend approval of the proposed text amendment, draft motion language has been prepared below for your convenience. Proposed Motion: In consideration of testimony presented during a Public Hearing on August 8, 2012 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request for text amendment to Title 11, Chapter 5 Required Improvements of the Municipal Subdivision Control Ordinance related to processes and procedures for subdivision securities including deadlines for completion of certain public subdivision improvements, developer acknowledgement of the public improvement completion schedule, increasing the contingency amount of subdivision securities and establishing procedures for the reduction and release of subdivision securities, as presented by staff in a memorandum dated August 1, 2012, and further subject to {insert any additional conditions of the Plan Commission)... Attachments: 1. Current Title 11 Subdivision Control of the United City of Yorkville's Municipal Zoning Ordinance. 2. Copy of Resolution No. 2004-39 Standard Specifications for Improvements. 3. Copy of Resolution No. 2009-40 Resolution Modifying a Policy Regarding Procedure and Authority to Reduce Letters of Credit and Performance Bonds for Construction of Land Improvements. 4. Copy of Public Notice. 5 Sterling Codifiers, Inc. Page 1 of 33 Title 11 SUBDIVISION CONTROL Chapter 1 GENERAL SUBDIVISION PROVISIONS 11-1-1 : TITLE: This title shall hereafter be known, cited, and referred to as the YORKVILLE SUBDIVISION CONTROL ORDINANCE. (Ord. 2004-52, 9-28-2004) 11-1-2: INTENT AND PURPOSE: The regulations of this title are adopted: A. To protect the interests of the landowner, the investor in land, the homeowner, and the municipal unit; B. To conserve, protect, and enhance property and property values; to secure the most efficient use of land; and to facilitate the provisions of public improvements; C. To provide for orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic circulation of the public; and to safeguard the public against flood damage; D. To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width, and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds, and other public open space; and http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 2 of 33 E. To establish procedures for the submission, approval, and recording of plats, to provide the means for enforcement of this title, and to provide penalties for violations. (Ord. 2004- 52, 9-28-2004) 11-1-3: GENERAL PROVISIONS: A. Jurisdiction: This title shall apply to all subdivision of land within the incorporated limits of the united city of Yorkville, and within its contiguous territory, but not more than one and one-half (11/2) miles beyond the incorporated limits of the united city of Yorkville. B. Interpretation: 1. Minimum Requirements: The provisions of this title shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. 2. Relationship With Other Laws: Where the conditions imposed by any provision of this title are either more restrictive or less restrictive than comparable conditions imposed by any other ordinance, law, resolution, rule, or regulation of any kind, the regulations that are more restrictive (or which impose higher standards or requirements) shall govern. 3. Effect On Existing Agreement: This title is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this title are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this title shall govern. 4. Standard Specifications For Improvements: The standard specifications for improvements, resolution 2004-39, as amended, which is on file in the city clerk's office, shall be hereby included and made a part of this title in its entirety. 5. Park Development Standards: The park development standards, which are on file in the city clerk's office, shall be hereby included and made a part of this title in their entirety. C. Rules Of Word Construction: In the construction of this title, the rules contained herein shall be observed and applied, except when the context clearly indicates otherwise: 1. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural shall include the singular. 2. The word "shall" is mandatory, and not discretionary. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 3 of 33 3. The word "may" is permissive. 4. The masculine gender includes the feminine and neuter. (Ord. 2004-52, 9-28-2004) 11-1-4: DEFINITIONS: The following words and terms, wherever they occur in this title, shall be interpreted as herein defined: ALLEY: A public right of way primarily designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street. BLOCK: A tract of land bounded by streets, or by a combination of streets, railway rights of way, or waterways. BUILDING SETBACK LINE: A line across a lot or parcel of land, establishing the minimum open space to be provided between the line of a building or structure, and the lot line of the lot or parcel. CITY: The mayor and city council of the united city of Yorkville, Illinois. CROSSWALK: A strip of land ten feet (10') or more in width, dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas, and may include utilities, where necessary. CUL-DE-SAC: A street having only one outlet, and an appropriate terminal for the reversal of traffic movement, without the need to back up. DEAD END STREET: A street having only one outlet. DENSITY, GROSS: A numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located. DENSITY, NET: A numerical value obtained by dividing the total dwelling units in a development by the total area of the development, less rights of way, parks, storm water management areas, and all other nonresidential uses. DEVELOPMENT: Any manmade change to real estate, including: A. Preparation of a plat of subdivision; B. Construction, reconstruction, or placement of a building or any addition to a building; http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 4 of 33 C. Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty (180) days; D. Construction of roads, bridges, or similar projects; E. Redevelopment of a site; F. Filling, dredging, grading, clearing, excavating, paving, or other nonagricultural alterations of the ground surface; G. Storage of materials, or deposit of solid or liquid waste; H. Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of storm water flows from a property. EASEMENT: A grant by a property owner for the use of a parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes. EYEBROW CUL-DE-SAC: A cul-de-sac whose center radius point is less than eighty feet (80') from the centerline of the intersecting cross street. FLOODPLAIN: See definition in section 8-7-2 of this code. FRONTAGE: The property on one side of a street, between two (2) intersecting streets (crossing or terminating), measured along the line of the street; or, with a dead end street, all property abutting one side of such street, measured from the nearest intersecting street and the end of the dead end street. FRONTAGE ROAD: A public or private marginal access roadway, generally paralleling and contiguous to a street or highway, and designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of ingress and egress at relatively uniform spaced intervals. HALF STREET: A street bordering one or more property lines of a subdivision tract, to which the subdivider has allocated only a portion of the ultimate and intended street width. IDOT: Illinois department of transportation. IMPROVEMENT PLANS: The drawing of all required land improvements, prepared by an Illinois registered professional engineer, and all accompanying information as required by this title. IMPROVEMENTS: All facilities constructed or erected by a subdivider within a subdivision, to permit and facilitate the use of lots or blocks for a principal residential, business, or http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 5 of 33 manufacturing purpose. LAND IMPROVEMENT: All required on site and off site subdivision improvements including, but not limited to, any sanitary sewage system, water distribution system, storm drainage systems, public utility systems, sidewalk systems, public or private streets, street lighting, street signs, grading and drainageway facilities, pedestrianways, and retention and detention basins. LOT: A portion of a subdivision or other parcel of land, intended for transfer of ownership, or for building developments. LOT DEPTH: The distance between the midpoint of the front lot line and the midpoint of the rear lot line. LOT, DOUBLE FRONTAGE: A lot, two (2) opposite lot lines of which abut upon streets which are more or less parallel. LOT LINE: The boundary line of a lot. LOT WIDTH: The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line, establishing the lot depth at the established building setback line. PARCEL: Shall refer broadly to a lot, tract, or any other piece of land. PARKING LOT: An area permanently reserved and/or used for the temporary storage of motor vehicles. PARKWAY: A strip of land situated within the dedicated street right of way, either located between the roadway and right of way line, or a median located between the roadways. PLAN, CONCEPT: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision, including a site plan indicating existing off site roadway connections. PLAN, FINAL: The final plat, plus all accompanying information required by this title. PLAN, PRELIMINARY: The preliminary plat, plus all accompanying information required by this title. PLANNED UNIT DEVELOPMENT: Parcel of land or contiguous parcels of land in single ownership or unified control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the intent of the zoning district in which it is located; the developer may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of benefit to the city as a whole, and would not otherwise be required by the city ordinances. PLAT: A subdivision as it is represented as a formal document by drawing and writing. PLAT, FINAL: The final map drawing or chart, on which the subdivider's layout of a subdivision is presented to the city council for approval, and which, if approved, will be http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 6 of 33 submitted to the county recorder for recording. PLAT, PRELIMINARY: A tentative map or drawing, which indicates the subdivider's proposed layout of a subdivision, including all proposed improvements. RESUBDIVISION: The subdivision of a tract of land that has previously been lawfully subdivided, and a plat of such prior subdivision duly recorded. RIGHT OF WAY: A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right of way" for land platting purposes in the united city of Yorkville shall mean that every right of way hereafter established and shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right of way, and not included within the dimensions or areas of such lots or parcels. Rights of way intended for roads, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established. ROADWAY: The paved portion of the street available for vehicular traffic. SERVICE DRIVE: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right of way, and providing safe and orderly points of access at fairly uniformly spaced intervals. SEWAGE DISPOSAL SYSTEM, CENTRAL: A system of sanitary sewers, serving ten (10) or more lots that discharge either into an interceptor sewer or an approved sewage treatment plant. SEWAGE DISPOSAL SYSTEM, INDIVIDUAL: A sewage disposal system, or any other sewage treatment device approved by the Kendall County department of public health, and servicing only one lot. SIDEWALK: That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. STREET: A public or private right of way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways to buildings. STREET, COLLECTOR: A street that collects and distributes traffic, primarily within residential areas. This street carries between two thousand five hundred (2,500) and twelve thousand (12,000) ADT. STREET, ESTATE RESIDENTIAL: A street of limited continuity, used for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than one thousand (1,000) ADT. STREET, HALF: A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right of way width. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 7 of 33 STREET, LOCAL RESIDENTIAL: A street of limited continuity, used primarily for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than one thousand (1,000) ADT. STREET, MAJOR COLLECTOR: A street that serves as a main traffic thoroughfare, both within and outside of the city, carrying heavy volumes of traffic. This street carries more than two thousand five hundred (2,500) ADT. STREET, MARGINAL ACCESS: A minor street which is parallel to and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic. STREET, MINOR COLLECTOR: A street that collects and distributes traffic within intensively developed areas, and is used primarily for internal trips within the planning area. This street carries between one thousand (1,000) and two thousand five hundred (2,500) ADT. STREET WIDTH: The shortest distance between the backs of the curb or edge of pavement of a roadway. SUBDIVIDER: Any person or corporation or duly authorized agent who undertakes the "subdivision" or "development" of land as defined herein. Also referred to as developer. SUBDIVISION: A described tract of land which is to be, or has been, divided into two (2) or more lots or parcels. The term subdivision includes resubdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. For the purpose of this title, the requirements contained herein shall not apply, and no plat is required, in any of the following instances: A. The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access; B. The division of lots or blocks of less than one acre, in any recorded subdivision, which does not involve any new streets or easements of access; C. The sale or exchange of parcels of land between owners of adjoining and contiguous land; D. The conveyance of parcels of land or interests therein for use as right of way for railroads or other public utility facilities which does not involve any new streets or easements of access; E. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 8 of 33 F. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; G. Conveyances made to correct descriptions in prior conveyances; H. The sale or exchange of parcels or tracts of land into no more than two (2) parcels not involving any new streets or easement of access, provided each parcel meets the minimum lot size of the zoning district in which it is located. TURNAROUND: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction. WETLANDS: As defined by the Illinois department of natural resources. (Ord. 2004-52, 9-28 -2004; amd. Ord. 2008-85, 9-23-2008; Ord. 2011-24, 6-14-2011) Chapter 2 PROCEDURE FOR SUBMISSION OF PLAT 11-2-1 : CONCEPT PLAN: Instructions for subdivision plat processes leading to approval and plat recording: A. Application: Petitioners who wish to start the process with a concept plan should at this time submit his application (the original and 35 copies) along with thirty five (35) folded copies of his concept plan, a minimum of fifteen (15) days prior to the targeted plan commission meeting. As part of the application, the petitioner shall also provide the names and addresses of all landowners within five hundred feet (500') of the application property to the city's deputy clerk for the purpose of sending certified notices of the required public hearing(s). B. Review: Petitioner needs to schedule a meeting with the city administrator, city engineer, and director of public works, to review access, availability of water, sewer, storm water, and other related technical issues, at least two (2) weeks prior to the targeted plan commission. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 9 of 33 C. Park Board: Petitioner must attend the scheduled park board meeting if the development has a residential component. The petitioner (or his duly authorized representative) will present the concept plan, and discuss how it fits into the overall city park plan. The park board will make a recommendation regarding the petitioner's plan for parks. D. Plan Commission: Petitioner must attend the scheduled plan commission meeting, which will involve an informal public comment session after the petitioner (or his duly authorized representative) presents his concept plan. E. Committee Of The Whole: Petitioner must attend the scheduled committee of the whole meeting, which will involve a presentation of the concept plan by the petitioner (or his duly authorized representative), and informal discussion with the committee members. (Ord. 2004-52, 9-28-2004) 11-2-2: PRELIMINARY PLAN: A. The preliminary plan is a drawing complying with all provisions of this title, and when considered necessary by the plan commission or the plan council, should be accompanied byother engineering drawings concerning required improvements on which final review for adherence to design standards and improvement proposals is based, and from which detailed engineering drawings can proceed. B. When the petitioner does not wish to present a concept plan, he will start with his preliminary plan, and at this time submit his application. Petitioner will be invoiced for the required annexation, rezoning, engineering, and other applicable fees, which must be paid in full prior to being placed on the plan commission agenda. A deposit for legal and planning services will also be invoiced, and is due at this time. Payment should be made to the deputy clerk at the united city of Yorkville administrative offices. As part of the application, the petitioner shall also provide the names and addresses of all landowners within five hundred feet (500') of the application property to the city's deputy clerk, for the purpose of sending certified notices of the required public hearing(s). C. Following a written report from the plan council, and after review of the preliminary plan and discussion with the subdivider on changes and additions that may be required for the plan, the plan commission shall make a recommendation in writing to the city council. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 10 of 33 D. After review of the preliminary plan and the recommendation of the plan commission, the city council shall discuss with the subdivider the proposed plan and shall, within forty five (45) days, act on the preliminary plan. The subdivider shall be notified in writing of any conditions of approval or reasons for disapproval. E. Approval of the preliminary plan is tentative only, and shall be effective for a period of twelve (12) months. If the final plat has not been recorded within this time limit, the preliminary plan must again be submitted for approval, unless upon application by the subdivider, the city council grants an extension. An extension period shall not exceed two (2) 12-month periods. F. Ordinances in effect on the date of preliminary plan approval shall govern the preparation of the final plan. Ordinances in effect on the date(s) of final plat approval(s) shall govern any fees paid or contributions made by the developer. G. Fees for legal and planning services will be billed based on per hour range of work being performed. These amounts are deducted from the deposit amount invoiced earlier, and a statement of account (reflecting the current credit balance) is sent to the petitioner with the consulting bills enclosed. All fees must be current before proceeding to the next stage of the approval process. (Ord. 2004-52, 9-28-2004) 11-2-3: FINAL PLAN: A. Approval Of Plans: Approval of the preliminary plan shall entitle the subdivider to approval of the final plan, provided that the final plan: 1. Conforms substantially to the approved preliminary plan; 2. Meets all conditions of said approval; and 3. Complies with all applicable, current ordinances. B. Disapproval Of Final Plan: Disapproval of the final plan is warranted if: 1. There are more than minor deviations from the approved preliminary plan; and/or 2. A new highway, pipeline, or other major improvement shall directly affect the proposed development site. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 11 of 33 C. Proposed Improvement Plans To Be Reviewed: The proposed final plat must be accompanied by twelve (12) sets of the proposed improvement plans for review by the plan council. D. Recommendation In Writing: After reviewing the final plat and applicable minutes from the plan council and any discussions on changes and additions that may be required, the plan commission shall recommend in writing to the city council, within forty five (45) days from receipt of the plan council minutes, either approval or disapproval of the final plat and its reasons for such recommendation. E. Further Review: The final plat then proceeds to the economic development committee which consists of four (4) city council members for its further review and recommendation. Project then moves to the committee of the whole and then the city council meeting for approval or disapproval. F. Prepared By A Registered Professional Engineer: The proposed improvement plans shall be prepared by a registered professional engineer of Illinois, who shall be responsible for the design of all public and land improvements required by this subdivision ordinance, as provided in the Illinois professional engineering act. The submitted plans shall be sealed by said professional engineer, and shall be in conformance with the city's standard specifications for improvements, and these city specifications shall be the only specifications for the improvements. G. Final Plat Submission: The final plat cannot be submitted to the plan commission until the improvement plans are approved and signed by the city engineer and the city administrator, and all fees are paid, and all required securities are filed. H. Recording Of Final Plat: The final plat shall be recorded with the county recorder of deeds, within thirty (30) days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay inrecording a plat is due to circumstances beyond the control of the city or developer. I. Final Engineering Plan: Submit three (3) sets of the final engineering plans to the deputy clerk at the city administrative offices for review and recommendation by the city engineer. (Ord. 2004-52, 9-28-2004) http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 12 of 33 Chapter 3 REQUIREMENTS FOR PLANS AND PLATS 11-3-1 : MINIMUM REQUIREMENTS: The following requirements are held to be the minimum amount of information necessary to convey to the representatives of united city of Yorkville a complete and accurate description of the kind and quality of subdivision proposed. Additional information may be submitted if it will further clarify the proposed subdivision. (Ord. 2004-52, 9-28-2004) 11-3-2: PREAPPLICATION CONFERENCE PLAN: A. Concept Plan: The concept plan may be done freehand, but shall be done with reasonable accuracy and clarity. The scale of the drawing should be one inch equals one hundred feet (1" = 100'), unless clarity or size of drawing dictates otherwise. The following information shall be shown: 1. Name and address of the owner or subdivider. 2. North arrow and scale. 3. Approximate dimensions and area of parcel. 4. Topography - not greater than ten foot (10') contour intervals such as can be obtained from USGS maps. 5. Proposed layout of streets, lots, parks, and nonresidential areas, including storm water control. 6. Number of dwelling units, gross and net density. 7. Minimum and average lot sizes. 8. Gross and net area. 9. For multiple-family, commercial and industrial areas: a. Location of buildings. b. Approximate dimensions and area of site. c. Off street parking, delivery, and pick up areas. d. Buffer zones. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 13 of 33 B. Existing Conditions: Presence of any of the following shall be shown on the sketch plan or an additional sheet: 1. Streams, marshes, bodies of water, wooded areas, wetland, and other significant natural features. 2. Location and direction of all watercourses, drainageways, and areas subject to flooding. 3. Location of storm drains, inlets, and outfalls. 4. Existing buildings. 5. Existing utilities, and utilities proposed for extension. 6. Existing streets and streets proposed. C. Location Map: A small scale map or sketch of the general area, showing the relationship between the proposed subdivision and existing community facilities and rights of way, with the proposed subdivision indicated thereon. (Ord. 2004-52, 9-28-2004) 11-3-3: PRELIMINARY PLAN: The preliminary plan shall be drawn at a scale of one inch equals one hundred feet (1" _ 100'), unless another scale is approved or required by the plan commission or the plan council at the preapplication conference. A. The following information shall be shown on all preliminary plans: 1. Notation stating "Preliminary Plan". 2. The name and address of the owner, the subdivider, and the engineer, surveyor, and planner preparing the plan. 3. Date, scale, and north arrow. 4. Topography - not greater than two foot (2') contour intervals. 5. The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 14 of 33 6. Location of the subdivision on a small scale drawing of the general area in which the subdivision lies, with the location of the subdivision indicated thereon, including high water elevations, if known. 7. The recorded length and bearing of the exterior boundaries of the subdivision. 8. Location and names of adjacent subdivisions and the owners ofparcels of unsubdivided land within two hundred feet (200') of property. 9. Zoning on, and contiguous to, the subdivision. 10. Location, widths, and names of all existing and platted streets, alleys, or other known public ways and easements, railroad and utility rights of way, parks, cemeteries, watercourses, permanent buildings, bridges, and other pertinent data, as determined by the plan commission on the lands proposed to be subdivided, and within one hundred fifty feet (150') of the proposed subdivision. 11. The approximate areas of all parcels of land intended to be dedicated or reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision. 12. If the subdivision borders a lake or stream, the distances and bearings of a meander line established not less than twenty feet (20') back from the average high water mark of the lake or stream, as determined from flood hazard maps or other data, with said distance and source of data noted. 13. Approximate storm water runoff and detention/retention calculations shall be in accordance with the standard specifications for improvements. Off site tributary drainage areas and discharging routing shall be defined with supporting data as necessary for evaluation. 14. Layout and width of all new streets and rights of way, such as highways, easements for sewers and water mains, sidewalks, trees, drainageways, and other public utilities. 15. Existing trees greater than six inch (6") caliper. 16. Proposed plantings. 17. Legal description. 18. Site data. (See figure 5 in standard specifications, resolution 2004-39 on file in the office of the city clerk.) 19. Routing to any proposed extensions of existing water and sewer mains, including all pipe sizes, pertinent elevations, and proposed elevations. 20. Internal utility layout, demonstrating sanitary sewer depths, water main looping, storm water routing to and from detention/retention, and locations of existing field tiles. 21. A written statement from the Kendall County soil conservation service (USDA), expressing its opinion of the suitability of the land for the type of land use proposed. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 15 of 33 22. A field tile survey, showing locations where exploration trenches were dug, and what was found. B. The following information shall be shown for all single-family and two-family areas: 1. Approximate dimensions and minimum lot areas, in square feet. 2. Proposed building setback lines. 3. Area of property proposed to be dedicated for public use, or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions of such dedication or reservation. C. The following information shall be shown for all multiple-family, commercial, industrial, and other nonresidential areas: 1. Number of units, gross and net densities. 2. Open spaces. 3. Proposed layout of structures. 4. Layout and quantities of all off street parking and loading areas. 5. Proposed building setback lines. 6. Area of property proposed to be dedicated for public use, or to be reserved by deed covenant for use of all property owners in the subdivision, with the conditions of such dedication or reservation. 7. Buffer areas. 8. Square feet of buildings for commercial and industrial projects. (Ord. 2004-52, 9-28- 2004) 11-3-4: FINAL PLAN: The final plan shall be drawn in ink, at a scale of one inch equals one hundred feet (1" _ 100') or larger, on a nonfading, stable, Mylar material. The sheet size for plats or plans shall be not less than eighteen inches by twenty four inches (18" x 24"), nor larger than twenty four inches by thirty six inches (24" x 36"). When more than one sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document, and shall show the relation of that sheet to the other sheets. Final plans shall include all required engineering and landscaping http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 16 of 33 improvements. See figure 6 in standard specifications, resolution 2004-39, on file in the office of the city clerk. A. The following information shall be shown on all final plats: 1. Legal Description: Legal descriptions shall commence at the intersections of section lines and/or quarter section lines whenreasonably practical to do so. The developer shall also submit the final plat to the city in digital form, in a format acceptable to the city. The coordinate system for the final plat shall be NAD27 Illinois state planes, east zone, U.S. foot (IL-E). 2. Monuments: All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof, or by legend, except lot corners need not be shown. 3. Exterior Boundary Lines: The exact length and bearing of all exterior boundary lines, public grounds, meander lines, and easements, unless they parallel a noted boundary. 4. Width: The exact width of all easements, streets, and alleys. 5. Lot Lines: The dimensions of all lot lines, to the nearest one-hundredth ('/loo) of a foot. 6. Setback Lines: Building setback lines on all lots. 7. Consecutive Numbering And Lettering: All lots consecutively numbered within consecutively lettered blocks. 8. Lot Angles: The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than ninety degrees (90°), except that when the line in any tier of lots is parallel, it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown. 9. Circular Curves: When a street is on a circular curve, the main chord of the centerline shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty foot (30') radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines. 10. Street Names: The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 17 of 33 11. Abutment: Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width and names of these streets and highways and plats shallalso be given. 12. Dedicated Lands: All lands dedicated to public use, including roads and streets, shall be clearly marked. 13. Watercourses And Drainage: All watercourses, drainage ditches, and other existing features pertinent to subdivision. 14. Access To Lakes Or Streams: Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided. 15. Monuments: The description and location of all survey monuments placed in the subdivision shall be shown upon final plat. Permanent monuments shall be of concrete, reinforced with one number four (4) vertical rod, and not less than four inches (4") square on top, tapered to six inches (6") square at the bottom, and thirty six inches (36") long, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Permanent monuments shall be erected at all corners or changes in bearing of the exterior boundary. Metal monuments not less than one-half inch (1/2") in diameter and twenty four inches (24") in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance. 16. Survey: A surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of one in five thousand (1/5,000), the plat may be rejected. 17. Certificates Of Approval: Certificates of approval to be shown on final plat, as applicable: a. Surveyor. b. Owner. c. Notary. d. City administrator. e. Township highway commissioner, if applicable. f. County supervisor of highways, if applicable. g. Illinois department of transportation, if applicable. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 18 of 33 h. City clerk. i. City plan commission, chairman. j. Mayor. k. County clerk. I. County recorder. m. City engineer. n. School district certificate. o. Drainage overlay certificate, if applicable. (Ord. 2004-52, 9-28-2004) Chapter 4 DESIGN STANDARDS 11-4-1 : GENERAL: A. When laying out a subdivision, the developer shall: 1. Take into account, and comply with, officially adopted plans; 2. Conform to existing street patterns where such streets are contiguous to the proposed subdivision or may reasonably be projected through the subdivision; 3. Design the arrangement of uses in relation to topography and drainage conditions; 4. Consider all natural features, such as streams, lakes, ponds, tree cover, etc., and incorporate these features into the development; 5. Consider street names. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the name of the existing streets; however, no other streets shall bear names which duplicate or nearly duplicate so as to be confused with the names of existing streets; 6. Reserve a minimum of one historical street name from the list on file in the engineer's office, prior to the recording of final plat, as set forth in the historical street name resolution; 7. Take into account future development, including street and utility extensions; 8. Consider the implementation of traffic calming measures, which the city may require on a case by case basis. (Ord. 2004-52, 9-28-2004) http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 19 of 33 11-4-2: PUBLIC SITES AND OPEN SPACES: Where a proposed park, playground, school, or other public useshown on any official adopted city, township, county, or state plan or map is located in whole or in part in a subdivision, appropriate public agencies and governing bodies shall be given an opportunity to begin, within one year from the date of recording of the final plat, procedures to acquire said acreage. (Ord. 2004-52, 9-28-2004) 11-4-3: STANDARDS: The united city of Yorkville "standard specifications for improvements", resolution 2004-39 on file in the city clerk's office, and the Yorkville park board "park development standards", on file in the city clerk's office, shall be incorporated herein, and shall apply to any and all development, not only subdivisions. (Ord. 2004-52, 9-28-2004) 11-4-4: HALF STREETS: Half streets shall be prohibited, except where essential to the reasonable development of the subdivision, and in conformity with the other requirements of these regulations, and where the plan commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. A right of way width of not less than forty feet (40'), and a pavement width of not less than twenty two and one-half feet (221/2'), shall be required for the half street. Where a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted and constructed within such tract. In cases where half streets are accepted, the owner and subdivider shall be required to grade and improve the half street, the same as all other subdivision streets. (Ord. 2004-52, 9-28-2004) 11-4-5: ALLEYS: A. Alleys shall be provided in all commercial and industrial districts, except that the city may waive this requirement where another definite and assured provision is made for service access, such as off street loading and parking consistent with, and adequate for, the uses proposed. B. Alleys shall not be approved in residential areas, unless necessary because of topography or other exceptional circumstances. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 20 of 33 C. Alley widths shall be not less than twenty four feet (24'). D. Dead end alleys shall be prohibited. (Ord. 2004-52, 9-28-2004) 11-4-6: STREET JOGS: Street intersection jogs with centerline offsets of less than one hundred fifty feet (150') shall be prohibited. (Ord. 2004-52,9-28-2004) 11-4-7: STREET INTERSECTIONS: Streets shall be laid out so as to intersect as nearly as possible at right angles. Proposed intersections at angles of less than eighty degrees (80°) shall not be acceptable. (Ord. 2004- 52, 9-28-2004) 11-4-8: BLOCKS: A. The length, width, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block length in residential areas shall not exceed one thousand three hundred twenty feet (1,320'), nor have less than sufficient width to provide two (2) tiers of lots of appropriate depth between street lines, except that one tier of lots may back onto a limited access highway, railroad right of way, or major street, provided suitable screen planting contained in a no access reservation strip along the rear property line is provided. B. Paved and fenced pedestrian crosswalks, not less than ten feet (10') wide, may be required by the plan commission through the center of blocks more than nine hundred feet (900') long, where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Paving shall be three inches (3") of bituminous concrete surface course on ten inches (10") of compacted CA-6 base. Fencing shall be four foot (4') high continuous chainlink fence on both sides of the walkway on an easement. (Ord. 2004-52, 9-28-2004) http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 21 of 33 11-4-9: LOTS: A. All lots shall meet the minimum depth, width, and area requirements of the zoning ordinance. B. The size, shape, and orientation of lots shall be appropriate for the location of the subdivision, and for the type of development and use contemplated. C. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off street service and parking facilities. D. Fronting of residential lots onto state and county highways is prohibited. Also prohibited is the fronting of residential lots onto any proposed major thoroughfare or major collectors, as designated by the comprehensive plan. Subdivision entrances for residential uses, and/or major entrances for commercial, industrial, and institutional uses shall be located not less than one thousand three hundred feet (1,300') apart, centerline tocenterline, unless topography or existing street locations dictate otherwise. E. Excessive depth in relation to width shall be avoided. F. All lots shall front or abut on a public street. G. Side lot lines shall be substantially at right angles or radial to street lines. H. Double frontage and reversed frontage lots shall be avoided, except where necessary to overcome specific disadvantages of topography and orientation, and where a limited access highway, railroad right of way, major street, or similar situation exists; in which case, double frontage lots shall be provided with suitable screen planting contained in a no access reservation strip along the rear property line and the right of way. When deemed necessary by the plan commission, double frontage lots shall have additional depth to further protect the proposed use from rear lot line traffic. I. Subdivisions must include the entire parcel being divided, and may have no exceptions or exclusions; and shall not contain "leftover" pieces, corners, or remnants of land. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 22 of 33 J. Lot widths shall be measured at the building setback line, and may be reduced ten percent (10%) at the end of a cul-de-sac, providing the lot area meets the requirements of the zoning ordinance. K. Corner lots shall have a buildable area equal to or greater than the smallest interior lot on the same block. (Ord. 2004-52, 9-28-2004) 11-4-10: EASEMENTS: A. Easements shall be provided at the rear of all lots. Such utility easement shall be at least ten feet (10') wide on each lot, and normally centered upon the rear or side lot lines. Easements will be required for all storm water control facilities and for overflow routes. The city may require wider easements and easements at other locations to accommodate proposed utilities and to provide space for future utilities. B. Easements shall be provided at the side of all lots, and shall be at least five feet (5) wide on each lot, immediately adjacent to the property line. C. Easements shall be provided along both sides of all rights of way, immediately adjacent and parallel, to said right of way. This easement shall be for utilities. Evidence shall be furnished to the plan commission that the individual utility companies or the organization responsible for furnishing the service involved have reviewed easements, and any easement provisions to be incorporated on the plat or in the deeds. D. Where a watercourse, drainage channel, stream, or other body of water traverses a subdivision, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed, computed, or anticipated storm water drainage through and from the subdivision, shall be made. The width of the easement shall be dependent on the area of land drained by the watercourse, and wide enough to allow access for construction and maintenance equipment. E. Screen planting easement(s) may be required in accordance with the landscape ordinance'. If said easement is to also be used for public utilities, only such plant materials that have an ultimate growth not exceeding fifteen feet (15') shall be used. (Ord. 2004-52, 9-28-2004) http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 23 of 33 Chapter 5 REQUIRED IMPROVEMENTS 11-5-1 : IMPROVEMENT REQUIREMENTS PRIOR TO FILING FINAL PLAT: Upon approval of both the final plan and the plans and specifications for the required subdivision improvements by the plan commission, director of public works, and the city engineer, and upon approval of the appropriate agencies as evidenced by state and county permits, where required, the subdivider shall construct and install the required subdivision improvements prior to filing the final plat with the plan commission for final approval. If construction does not begin within four (4) years of final plan approval, the subdivider may be required to revise the plan to comply with new city requirements. (Ord. 2004-52, 9-28- 2004) 11-5-2: SUBDIVISION SECURITIES: In lieu of construction in section 11-5-1 of this chapter, the subdivider shall post with the city of Yorkville, a construction guarantee in the form of an irrevocable letter of credit or irrevocable bond, payable to the United City Of Yorkville, sufficient to cover the full cost, plus ten percent (10%), of the required improvements, as estimated by the engineer employed by the subdivider and approved by the city engineer, to assure the satisfactory installation of required improvements as outlined in this section, and contained in the approved plans and specifications. A surety or bank recognized by the state of Illinois, and approved by the city attorney, shall issue the bond or letter of credit posted, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard bond form or letter of credit form used by the city of Yorkville. Construction guarantee shall not be reduced to below fifteen percent (15%) of the approved engineer's estimate prior to acceptance of the public improvements by the city. The construction guarantee shall not expire for at least one year. Subsequent renewals of the construction guarantee shall also be for a period of at least one year. (Ord. 2004-52, 9-28-2004) 11-5-3: CONSTRUCTION WARRANTY: A. The subdivision irrevocable bond or letter of credit shall be released after an appropriate city council action accepting the improvements for public ownership. Except as provided in subsection B of this section, this subdivision letter of credit will not be released until a one year maintenance bond or letter of credit is posted with the city clerk for ten percent (10%) of the land improvement cost, to ensure that any and all improvements will properly function as designed, with no defects before the city council formal acceptance. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 24 of 33 B. A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that do not serve, benefit, or impact properties other than the one being developed. (Ord. 2011-03, 1-11-2011) 11-5-4: PROCEDURE: A. Not more than ten (10) months after preliminary plan approval, four (4) copies of the proposed final plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the state of Illinois, and subdivision bond or letter of credit, shall be filed with the city engineer, and shall provide all necessary information for the following, as applicable: 1. Streets; 2. Curbs and gutter; 3. Storm drainage, including storm sewers and storm water detention, building storm drains (footings, roof, etc.); 4. Comprehensive drainage plan, including grades of surface drainageways; 5. Sanitary sewerage system; 6. Water supply and distribution; 7. Public utility locations; 8. Streetlights; 9. Sidewalks; 10. Street signs, guardrails, and other special requirements; 11. Parkway trees; and 12. Payment in full of all city fees. (Ord. 2004-52, 9-28-2004) 11-5-5: CONSTRUCTION AND INSPECTION: A. Written notice to proceed shall be obtained from the city engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 25 of 33 Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently existing road, and work must proceed in accordance with construction methods of this section through section 11-5-16 of this chapter, and the city's standard specifications for improvements. B. Construction of all improvements required by this title must be completed within two (2) years from the date of approval of the final plat, unless good cause can be shown for granting an extension of time. C. The subdivider shall pay all expenses incurred by the city of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction. D. On street parking during build out of the development shall be limited to one side only of all streets. In general, parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage, as required by the Yorkville police department. E. Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights of ways at any time, without exception. (Ord. 2004-52, 9-28- 2004) 11-5-6: AS BUILT PLANS: After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the director of public works shall require. This map shall bear the signature and seal of an Illinois registered professional engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision bond or letter of credit assuring their completion. The coordinate system for as built drawings shall be NAD27 Illinois state planes, east zone, U.S. foot (IL-E). The "as built" plans shall be submitted on reproducible Mylar, and also on computer diskette in a format acceptable to the city. (Ord. 2004-52, 9-28-2004) 11-5-7: SURVEY MONUMENTS: http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 26 of 33 Permanent and any other monuments required in this title shall be installed prior to the approval of the final plat. (Ord. 2004-52, 9-28-2004) 11-5-8: ACCEPTANCE OF DEDICATION, IMPROVEMENTS: A. Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the final plat does not constitute final acceptance. B. Approval of the final plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements. C. All public improvements shall be accepted only by resolution of the city council, after a formal petition for approval has been submitted by the subdivider to the city clerk. Such petition shall be filed after completion of the public improvements. The city engineer and the director of public works shall, within thirty (30) days from receipt of such petition, make recommendations in report form to the city council. All petitions shall be acted upon by the city council within thirty (30) days from receipt of such recommendations of the city engineer and director of public works. A maintenance bond will then be required in the amount of ten percent (10%) of the cost of the land improvements, as specified in this title, after city council acceptance. (Ord. 2004-52, 9-28-2004) 11-5-9: STREETS: Street improvements shall be installed by the developer, shall be in accordance with the table of minimum standards herein, and in accordance with the city's standard specifications for improvements. Rights of way at intersections shall have a twenty five foot (25) radius or chord where right of way lines intersect. (Ord. 2004-52, 9-28-2004) 11-5-10: SIDEWALKS: Concrete sidewalks shall be installed by the developer within all subdivisions, on both sides of the street or roadway, to a minimum width of five feet (6), as specified in the city's standard specifications for improvements. (Ord. 2004-52, 9-28-2004) http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 27 of 33 11-5-11 : STREET LIGHTING: A complete, functioning streetlight system shall be installed by the developer, at his expense, in all subdivisions as specified in the city's standard specifications for improvements. (Ord. 2004-52, 9-28-2004) 11-5-12: SIGNAGE, GUARDRAILS, AND LANDSCAPING: A. Street signs of the quantity and type approved by the director of public works shall be installed at each intersection, and shall indicate the street names as shown on the final plat. The city shall order and install the street name signs. The subdivider shall reimburse the city for said cost. The subdivider shall also supply and install regulatory and warning signs, as directed by the Yorkville police department. B. Steel plate beam guardrails shall be placed along the shoulder of any street where street construction has resulted in an embankment greater than six feet (6) in height. C. All areas of street right of way that are not paved shall be seeded or sodded. Provisions shall be made to assure the growth of all landscaping. D. All improvements herein shall be as specified in the city's standard specifications for improvements. (Ord. 2004-52, 9-28-2004) 11-5-13: STORM WATER DRAINAGE: A. Surface water drainage improvements consisting of storm sewers and/or open channels, inlets, catch basins, manholes, and/or detention facilities, shall be designed and constructed to adequately drain the area being developed, and also all of such other areas that naturally drain through the area being developed. B. If the surface water drainage will be changed by the construction of the subdivision, adequate provision shall be made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and such surface waters http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 28 of 33 shall not be deposited on the property of adjoining landowners, in such a manner as to cause erosion or other damage. C. Designed planning of surface water drainage facilities shall be performed by, or under the supervision of, a professional engineer, registered in the state of Illinois. The storm water drainage system shall be as specified in the city's standard specifications for improvements. D. It will be the homeowner's responsibility to maintain any drainage course across his property, and to keep it free from features that restrict natural drainage. (Ord. 2004-52, 9- 28-2004) 11-5-14: SANITARY SEWER SYSTEM: All subdivisions and units therein shall be required to provide connection to the sanitary sewer system, including required sewer extensions off site, to the sizes and depths as required by the city. The sanitary sewers shall be extended to the far boundaries of the development, as directed by the city. All costs of these improvements will be borne by the developer. The sanitary sewer system shall be as specified in the city's standard specifications for improvements. (Ord. 2004-52, 9-28-2004) 11-5-15: WATER SYSTEM: All subdivisions and units therein shall be required to provide connection to the united city of Yorkville's public water supply system, including required water main extensions off site, to the sizes required by the city, and all costs shall be borne by the developer. All developments must provide a looped, double fed water system, and extensions to the boundaries of the development, as directed by the city, shall also be included in the water system, to be funded by the developer. The water system shall be as specified in the city's standard specifications for improvements. (Ord. 2004-52, 9-28-2004) 11-5-16: OVERSIZING OF UTILITIES: A. When, in any subdivision, now within the city, or within one and one-half (11/2) miles of the city limits, which normally would require a certain size water main, sanitary sewer, and/or http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 29 of 33 storm sewer, but which for the purpose of complying with the plan of development of the city's comprehensive plan, to provide adequate utilities, not only to the particular subdivision, but also to subdivisions which in the future may become a part of the city, and where the city engineer and the director of public works have determined that water and/or sewer mains of a larger diameter are required, then the city engineer or the director of public works shall inform the subdivider, builders, and developers of the subdivision by a written notice of that fact, and require them to install such oversized utilities and at the same time, in said notice, inform them of the size(s) to be installed. B. Water main shall be considered oversized if it is larger than the size needed to supply the required fire flows of the development, not the minimum pipe size allowed by ordinance. The required fire flow rate for all residential areas shall be one thousand five hundred (1,500) gpm. The required fire flow rate for commercial and industrial areas shall be three thousand two hundred fifty (3,250) gpm. The required fire flow rate within five hundred feet (500') of a school site shall be three thousand three hundred seventy five (3,375) gpm. C. Upon being so notified as provided for in this section, no subdivider, builder, or developer shall install any utility in such subdivision of any size other than that specified to him by the aforesaid notice. D. At such time as the installation of said oversized utilities shall have been completed in accordance with the plans and specifications submitted to the city of such installation, and also in accordance with the notice specified in this section, and all such installations shall have been inspected and approved by the city as provided for by the ordinances of the city of Yorkville, then the city may enter into an agreement to allow the developer to recover the difference of the cost at current prices, as of the time of said installation, between the development's required utilities which were originally planned to be used, and the cost of the oversized utilities which the city directed to be used. Said agreement may be in the form of a recapture agreement, cash payment(s), rebates of fees to the developer, or some other consideration as may be approved by the city council. (Ord. 2004-52, 9-28-2004) Chapter 6 ADMINISTRATION 11-6-1 : BUILDING PERMIT: No building permit shall be issued for the construction of any building, structure, or improvement to the land, or any lot within a "subdivision" as defined herein, which has been http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 30 of 33 approved for platting or replatting, until all requirements of this title have been fully complied with. In no case will a building permit be issued until all fees have been paid, a grading plan approved, an "all weather" road in place to serve this property, along with functioning drainage facilities, water system, and sanitary sewer system. Exceptions may be made for model home units. (Ord. 2004-52, 9-28-2004) 11-6-2: CERTIFICATE OF OCCUPANCY: A certificate of occupancy may be issued for the use of any structure within a subdivision approved for platting or replatting provided that all required utilities have been installed and are capable of servicing the subdivision, all roadways have the bituminous binder laid, and mutual agreement between the city engineer and the building code official has transpired. The final grading plan must be submitted and approved prior to a certificate of occupancy. (Ord. 2004-52, 9-28-2004) 11-6-3: VARIATIONS: A. Where the zoning board of appeals finds that extraordinary hardships or particular difficulties may result from the strict compliance with this title, the zoning board of appeals is hereby empowered to consider such matters after receiving written application from the subdivider. If applicable, the zoning board of appeals may recommend, in writing, to the city council, variations or exceptions to the regulations, subject to specified conditions, so that substantial justice may be done and the public interest secured, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this title or the comprehensive plan. B. The standards and requirements of this title may be modified in the case of large scale developments when the zoning board of appeals finds that a plan and program for a new village, complete community, shopping center, industrial park, or neighborhood unit provides adequate public open spaces and improvements forcirculation, recreation, and service needs of the tract when fully developed, and which also provides such covenants or other legal provisions to assure conformity and achievement of the plan. C. The zoning board of appeals shall not recommend variations or exceptions to the regulations of this title unless it shall make findings based upon the evidence presented in each specific case, that: 1. Due to the particular physical surroundings, shape, or topography conditions of the specific property involved, a particular hardship to the owner would result, as http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 31 of 33 distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally to other properties within the same zoning classification. 3. The alleged hardship was not created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public safety, health, welfare, or interest to other properties or improvements in the neighborhood in which the property is located. D. Variation requests that affect surrounding properties under the circumstances below shall not be approved: 1. Impairment of an adequate supply of light and air to adjacent properties; 2. Substantial increase in the traffic congestion in public streets; 3. Increase the danger of fire; 4. Endanger the public safety; 5. Significantly diminish or impair property values within the neighborhood; or 6. Noncompliance with the spirit of intent of the restrictions imposed by the zoning ordinance. (Ord. 2004-52, 9-28-2004) Chapter 7 AMENDMENTS 11-7-1 : INITIATION OF AMENDMENT: The mayor and city council, the plan commission, the zoning board of appeals, or any resident of the city of Yorkville, or any person residing within one and one-half (11/2) miles of the corporate limits of the city, may propose amendments. (Ord. 2004-52, 9-28-2004) 11-7-2: PROCESSING APPLICATION FOR AMENDMENT: http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 32 of 33 A. Filed With Clerk: An application for an amendment shall be filed with the city clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the plan commission, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the city council to the plan commission with the request to hold a public hearing. B. Publication: The city clerk shall cause a notice of time, place, and purpose of such hearing to be published in a newspaper published within the city of Yorkville, not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. C. Hearing On Application: Upon receipt in proper form of the application and statement referred to above, the plan commission shall hold at least one public hearing on the proposed amendment. However, the plan commission may continue from time to time the hearing without further notice being published. D. Findings Of Fact And Recommendation Of The Plan Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the plan commission shall make written findings of fact, and shall submit same, together with its recommendations to the mayor and city council. (Ord. 2004-52, 9-28-2004) 11-7-3: DECISIONS: A. The mayor and city council, upon receiving the recommendation of the plan commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer tothe plan commission for further consideration. B. If a recommendation submitted by the plan commission to the city council for a proposed amendment is not acted upon by the city council within forty five (45) days of the date upon which such application is received by the mayor and city council, it shall be deemed to have been approved. (Ord. 2004-52, 9-28-2004) http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Sterling Codifiers, Inc. Page 33 of 33 Chapter 8 FEE SCHEDULE 11-8-1 : LAND CASH CONTRIBUTIONS: Subdividers shall comply with any school and/or park land cash ordinance in effect at the time of final plat approval. The city may require that all or part of the park cash contribution be paid prior to recording any final plat of subdivision of a development. (Ord. 2004-52, 9-28- 2004) 11-8-2: FEES: Before the plan commission approves the final plat, the subdivider shall pay to the united city of Yorkville, all fees, reimbursements, and/or deposits due at that time for any of the subdivider's developments in the city. (Ord. 2004-52, 9-28-2004) 11-8-3: COORDINATION FEE: A. A coordination fee will be assessed for all new subdivisions, platting or replatting of existing subdivisions or where engineering review is necessary by city ordinance, statute, or ordinance when the review is completed by an outside engineering consultant. B. The coordination fee will be charged from the time of initial contact to the time of final plat and plan approval, and will cover all normal city expenses. C. The coordination fee will be charged at the rate of 0.35 percent of the approved engineer's estimate of cost of all land improvements, as defined in the Yorkville subdivision control ordinance, and will be due prior to the recording of the final plat of subdivision. (Ord. 2006-11, 2-28-2006) http://www.sterlingcodifiers.com/codebook/printnow.php 12/6/2011 Exhibit 1 RESOLUTION FOR THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR EVOROVEMENTS Resolution No.,� 3 These Standards apply to all infrastructure improvements, and may be modified as needed upon the advice of the City 9ngineer for special identified situations or conditions. All contractors shall kiive the City Engineer's office a minimum 48-hour notice of all work and of all required approvals. Failure to obtain these required approvals will require extensive testing,removal and replacement, and a ban for a minimum of one year, from working on the City's right-of-way. Subdividers that have been unfaithful in previous City agreements or developments, or who owe the City payments, will not be allowed to have work performed for them within the public right-of-way. Resident engineering inspection shall be provided through the City Engineer's office, and all such costs shall be charged to the developer by the United City of Yorkville. Required written approvals will not be given until outstanding bills are paid in full. The developer's improvement Letter of Credit or other subdivision securities will also be liable for all such costs. The developer shall be responsible for layout and staking engineering;as well as for record drawings by a registered Professional Engineer. These Specifications for Improvements shall become a part of each and every project approved by the United City of Yorkville, and no other specifications will take precedence. All improvements included in the United City of Yorkville's Standard Specifications for Improvements, unless noted herein, shall conform to the latest editions of the State of Illinois"Standard Specifications for Road and bridge Construction", the "Manual on Uniform Traffic Control Devices", and all amendments thereto. These documents shall be considered as included within the City of Yorkville Standard Specifications for Improvements, and in the case of a conflict of requirements, the most stringent shall apply. Prior to starting construction of any project,the developer shall attend a pre-construction meeting and bring a representative from each contractor, a list of all contact persons that can be reached at any time, and a complete schedule of all work to be performed. No work is to start until the City Engineer and the City Administrator have approved the engineering plans, and the pre-construction meeting has been held. The City Engineer must approve any changes to the approved plans in writing. The City Engineer or a representative will,upon discovery of improper material or installation practices, issue a written document to the contractor, stating that failure to stop and correct such deficiencies will-result in the City's refusal to accept such improvements or to issue any further building permits,or to perform required inspections. The subdivider shall obtain and keep in force insurance coverage for Worker's Compensation, and Employer's Liability, Commercial General Liability, Commercial Automobile Liability, and Umbrella Liability,as described in IDOT's "Standard Specifications for Road and Bridge Construction". The United City of Yorkville shall be named as an additional insured_ The insurance coverage shall remain in effect until the City accepts the entire development. The City will not consider acceptance of the public improvements in a development until it is at least fifty (50)percent built out,or three years after the roadway binder course is paved,whichever is sooner. Blasting will not be allowed September 27,2004 Standard Spmifications for Impmvcmmts ROADS All roadways shall conform to the Illinois Department of Transportation (hereinafter termed IDOT) "Standard Specifications for Road and Bridge Construction", unless modified herein.. Horizontal and vertical geometric for right-of-ways and roadways shall conform to the City Standards,listed in Figure 2. Surface course must not be placed until at least severity- (70%) percent of the adjacent, private improvements are in place. However, in no case shall the surface course be placed until the binder course has been in place for at least one full winter season. In no case shall the surface course be delayed more than three(3)years after the binder course has been installed. The subgrade shall be graded and compacted to a hard,uniform surface,matching the slopes of the surface course. It shall have no rutting and shall completely drain to the outer edges. It shall be proof rolled by the contractor with a fully loaded(gravel) 10-cubic yard dump truck and witnessed by and approved in writing by the City Engineer's representative (hereafter termed City Engineer) before proceeding to build the roadway. All unsuitable subgrade shall be removed and replaced with compacted, stable clay material or shall be replaced with compacted CA6 limestone on an approved, non-woven roadway fabric (6.5 oz. minimum). Other geo-grids may be required for certain conditions. All bituminous mixtures shall be delivered and handled so that the bituminous mixture immediately behind the paver screen is at or above 270 degrees F. All asphalt delivered to the project shall be covered when the temperature is at or below 70 degrees F. All subgrades, other than approved granular subgrades, shall be completely covered with a subgrade fabric (Amoco 4551 or approved equal), with a full 18 inches of overlap. Subgrade Fabric shall also be used on lime-stabilized sub grades. It shall be placed neat and tight, without wrinkles, tears, or defects. Construction equipment shall not be allowed to drive on the fabric until it has a minimum of four inches cover of granular base material. The City Engineer shall approve in writing the subgrade fabric installation prior to placing base material. The subgrade fabric shall extend a minimum of twelve inches beyond the back of each curb. In areas where undercutting of the subgrade is required, the bottom of the excavation shall be lined with a woven geotextile(Amoco 2002 or approved equal),and backfilled with CA-3 aggregate. The aggregate base course shall be compacted to a minimum of 45%Modified Proctor and shall be free of all dirt and debris. The course shall be proof rolled,as described above, and witnessed by and approved in writing by the City Engineer before proceeding to build the roadway. A bituminous prime coat shall be applied to the aggregate base course prior to paving. The bituminous concrete binder course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing a good-quality, properly-functioning, tracked or wheeled asphalt laying machine, utilizing fully-automatic, electronic sensing control from a stringline for the initial course, and from a minimum fifteen(15') foot ski for all other lifts. The bituminous binder course shall be proof rolled as described above, and witnessed by, and approved in writing, by the City Engineer before proceeding with the surface course. All repairs must be made as directed by the City Engineer. All bituminous pavement patches shall be at least fifty(50%)percent thicker than the pavement being patched. Also,the binder course shall be bump tested by the contractor, and witnessed by the City Engineer, and all areas exceeding one-half inch (1/2'1 bumps, including header joints and any patch joints, shall receive a leveling course prior to surfacing. Areas of excessive patching will automatically receive a level course prior to surfacing. Prior to any leveling course or surface course,the streets shall be flushed clean and free of all dirt and debris. A bituminous tack coat will be required. Minimum temperature requirements for laying asphalt will be 5 degrees F higher than that allowed by IDOT specifications. S-2 Standard Specifications for improvements The bituminous concrete surface course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing good-quality,properly functioning,tracked or wheeled asphalt laying machine, utilizing fully automatic, electronic sensing control from a minimum 15-foot ski. The surface course shall be bump tested by the contractor, and witnessed by the City Engineer_ All bump test penalties specified by IDOT specifications shall be quadrupled,and areas that have an excessive amount of one�half inch(1/2")bumps shall be completely removed and replaced, not just the bump itself Minimum temperature requirements for laying bituminous surface course will be five (5) degrees E higher than that allowed by IDOT specifications. The surface elevation of the asphalt at the concrete gutter shall be 1/ inch higher than that of the adjacent concrete. All streets shall have a cross slope of 2% from the centerline to the concrete curb. Areas of segregated binder course and/or surface course shall be removed and replaced at the direction of the City Engineer. Segregated asphalt is the uneven distribution of course and fine materials in the asphalt characterized by pavement textures different from the surrounding material, and can usually be seen by the naked eye. Pavements constructed from Portland Cement Concrete shall be designed in conformance with American. Concrete Pavement Association Publications IS 184P and IS 061P,as amended. Combination concrete curb and gutter will be required on all roadways. All curb and gutter shall be placed on an aggregate base with a minimum thickness of four inches, but in no case shall the curb and gutter subgrade be higher than one inch below the adjacent roadway subgrade. The height of the gutter flag shall be ten (10") inches, unless directed otherwise by the City Engineer. As noted previously, the roadway subgrade fabric will extend over the curb and gutter subgrade, and beyond by a minrrnum of twelve (12") inches. The concrete curb and gutter shall be reinforced with two #4 deformed bars, placed three (3") inches from the bottom,spaced twelve(12")inches apart,centered on the total width of the curb and gutter. Machine-planed concrete curb and gutter is to be utilized wherever practical., utilizing a minimum Class X concrete, and a five (5%) percent minimum air-entrainment, Plastizers will be allowed, but chlorides will not An approved spray-on curing compound with red fugitive coloring shall be applied immediately after finishing, and a sealer, WR Meadows TIAC, or approved equal, shall be applied after seven. days. The resident engineer shall be notified of these applications, and proof of purchase,with material specifications, will be required. The concrete curb and gutter shall have the required slip bar expansion joints,and 1% inch deep sawed contraction joints will be required every 15-20 feet, within 24 hours after each pour. Minor honeycombing on the two outer,vertical surfaces will be allowed,but they must be patched in an approved manner,and witnessed by the City Engineer,prior to backfilling. The clay backfill behind the curb shall be placed and compacted prior to placing aggregate base course. Roadway extensions and stubs will be required as part of the development, with full improvements where needed, for future gro*th Additional lanes, access improvements, traffic signalization, etc., may be required., at the developer's expense. The developer shall reimburse the City for two of each street name and regulatory signs and posts required, and the City will install them. All signs shall be high-intensity, as approved by the Director of Public Works. All pavement markings shall be thermoplastic. The developer shall reimburse the City for the cost of replacing any signs that are missing, stolen, or damaged prior to final acceptance. The developer, to comply with these Standard Specifications for Improvements, shall improve existing roadways running through,or adjacent to,the development. S-3 Standard Specifications for Improvements Half-streets are discouraged, but where they are necessary, on advice of the City Engineer, the minimum width street will be twenty-four (24') feet from the edge of pavement to the back of curb, on the development side of the roadway. Street lighting, sidewalk, and landscaping on the development side will be required. Temporary tee turn-arounds will be required on all streets stubbed for future roadway extension, as recommended by the City Engineer, and shown on the Final Plat. Paving for the tee will extend from right-of-way line to right-of-way line, to a length of fifteen(15') feet, and two radii of fifteen (151) feet The pavement beyond the road edge shall be three (3") inches of bituminous concrete surface course, on a ten- (10") inch CA6 aggregate-compacted base, with pavement fabric. Concrete curb and gutter will not be required around the tee, and sidewalk will not required through the tee. The developer extending the street in the future shall remove the excess paving and base, place topsoil, and seed the area disturbed, construct the additional curbing so that the curb and gutter is continuous and uninterrupted from one development to another, and resurface for a distance of thirty (30') feet, including header joints, as approved by the City Engineer. When a development includes construction along State and County highways, or other heavily traveled road, the developer shall post advance-warning signs. The developer shall consult with the Yorkville Police Department concerning the types and locations of signs, and shall obtain a permit from the appropriate jurisdictional agency prior to erecting the signage. The City may require the roadway design to include traffic-calming measures. These measures may include, but not be limited to, curvilinear roadway layout, landscaping beyond the requirements of the Landscape Ordinance,traffic tables,and fog lines. if a development includes the construction or modifications of traffic signals, the new signals shall be designed to have light-emitting diode (LED) lights. The traffic signal shall also have a battery backup device. All new roadways shall be designed in accordance with IDOT Circular 95-11, or the most recently adopted IDOT standard for the design of flexible and full-depth bituminous pavements. The following minimum design criteria shall be used when applying the design method: Design period=20 years Class U Roadway Traffic Factor Equations for 80,000 lb.Vehicles 2.0%traffic growth rate AC viscosity of AC-20 Subgrade Support Rating of Fair Local Residential Roadways Local Residential Roadways are intended to carry an average daily traffic(ADT)volume of less than 1000. The right-of-way width shall be 66 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class 'T' Superpave mixture. The bituminous concrete binder course shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be lJ0 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of thirty feet from back of curb to back of curb (B-B). The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Estate Residential Roadways Estate Residential Roadways are intended to carry an average daily traffic(ADT)volume of less than 1000. The right-of-way width shall be 70 feet The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "T' Superpave mixture. The bituminous concrete binder course shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be ten inches in thickness of clean, crushed CA-6 gradation gravel or limestone..The roadway surface shall be 28 feet wide with two 12.5-foot wide through-lanes. The lane edges shall be striped with a four-inch thermoplastic pavement marking. The roadway up to and including the aggregate stone base shall be 32 feet wide to provide a 2-foot wide aggregate shoulder (nominal thickness of at least 12 inches), and also to allow for future widening. Mailbox turnouts will be paved,using driveway specifications to determine thickness. S-4 Standard Specifications far lmprovrmmts Minor Collector Roadways Minor Collector Roadways are intended to carry 1000-2500 ADT. The right-of-way width shall be 70 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness. The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of 34 feet B-B. The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb. Minor collector roadways may provide direct access to adjacent private lots. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Collector Roadwa s and Commercial/Industrial Roadways Collector Roadways are intended to carry 2500-12,000 ADT. The right-of-way width shall be 80 feet These design standards shall also apply to all roadways directly serving commercial or industrial zoned areas. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness. The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of 39 feet B-B. The street radius for all intersecting streets shall be a minimum of 40 feet to the back of curb. Collector roadways shall not provide direct access to adjacent lots in residential-zoned areas. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Manor Collector Roadways Major Collector Roadways are intended to carry more than 12,000 ADT. The right-of-way width shall be 100 feet The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of six inches in thickness (2 lifts required). The aggregate stone base shall be 16 inches in thickness of clean,crushed CA- 6 gradation gravel or limestone. The roadways shall be bound with B-7.18 combination concrete curb and gutter to a width of 51 feet(four 12-foot lanes)B-B. The City Engineer may require an additional 12-foot center turn lane, as deemed appropriate. The street radius for all intersecting streets shall be a minimum of 50 feet to the back of curb. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. An alternative bituminous base course may be approved by the City Engineer, and B6-18 or B6-24 combination concrete curb and gutter may be required,based upon specific site drainage needs. r Boulevards Boulevard-style roadways shall have a minimum width of 28 feet B-B for approaches to intersections. The minimum pavement width in other areas shall be 20 feet B B. SIDEWALK Non-reinforced, concrete sidewalks will be required on both sides of all roadways. They shall be a minimum of four (4') feet wide where four (4') feet wide walks now exist, and five (5') felt wide in all other locations. All sidewalks shall be five (5") inches in thickness. They will be a minimum of six (6") inches in thickness across driveway approaches. All sidewalks shall have an aggregate base of CA 7,with a minimum thickness of two inches (five inches across driveway approaches). All concrete shall be Class X,with a minimum of five(5 0/6)percent air-entrainments. Sidewalks shall slope two (2%)percent towards the street Approved curing and sealing compounds are required,as specified previously for concrete curb and gutter. The back of the sidewalk shall be placed twelve(12')inches from the right-of-way line,unless directed otherwise. The sidewalk shall have a light broom finish. Formed contraction joints are required, at a spacing of five(5') feet. Expansion joint material, one-half inch in thickness, and full-depth, shall be placed every 100 feet The subgrade for the sidewalk shall be uniform,neat, and compacted to a minimum 90%modified proctor. S-5 Standard Specifications for Improvements Spalling or chips will not be allowed to be patched. All such areas will be removed from contraction joint to contraction joint, and replaced. All sidewalks will be in place prior to acceptance of the public improvements by the City, which includes in front of vacant lots. These areas must be protected during future construction. No sidewalks are required in Estate-residential subdivisions. However, in the event sidewalks are not provided, a paved trail that abuts every lot must be provided, that meets the City's standards, specifically a ten (10') foot width, with an exit and entrance identification, consisting of two (2") inches of asphalt on eight(8") inches of CA6 aggregate. Dedicated easements at least fifteen (15') feet wide must be provided for the trail. DRIVE APPROACHES Drive approaches must be constructed to one of the following: 1. Six inches, minimum of Class X concrete„ with a minimum of five (5%) percent air-entrainment, over six inches minimum CA6 aggregate base over a 90%modified proctor compacted subgrade, with curing and sealing treatments, as specified above,under concrete curb and gutter. Expansion joint material, one-half (1/2'1 thick and full-depth, shall be installed at the curb and at the sidewalk. 2. Two inches, minimum of Class I bituminous concrete surface course, over a minimum base of eight (8") inches of CA6 aggregate over a 90% modified proctor compacted subgrade. The concrete sidewalk will be constructed through the drive approach,and any construction damage to the concrete sidewalk or curb will cause removal and replacement of those improvements. Drive approaches will not be constructed steeper than eight(8 0/c)percent_ 3. In Estate-residential subdivisions, all driveways must be paved with brick, asphalts or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve (12") inches or greater,as required by the City. PARKWAYS AND PARK SITES All parkways, park sites, and other open spaces shall be landscaped and designed in accordance with the City of Yorkville's Landscape Ordinance and the Park Development Standards, as amended from time to time. Any existing trees within a development deemed by the Parks Department and Public Works Department to be dead, dying, or of an undesirable species shall be removed by the developer. The developer shall not remove or cut down any trees without the prior consent of the Parks Department and Public Works Department,or as indicated in the approved landscape plan. STREET LIGHTING SYSTEM All streets shall have a complete street lighting system designed by a professional engineer. A street light will be required at all intersections, all curves,at all ends of cul-de-sacs, and at a maximum spacing of 300 feet. In Estate-residential subdivisions, street lights shall be required at intersections, and at a maximum spacing of 500 feet,with lights also placed at curves and a he.end of dead-end streets. The poles shall be concrete with butt-type foundations. The City Engineer may require a streetlight to be placed at other points, as may be necessary in the public interest in unusual or special conditions. They shall be located at side lot lines, and on the opposite side of the street from the water main.,wherever possible,and shall be set two feet from back of curb to face of pole. Occupancy permits cannot be issued until all streetlights in that phase of the development are installed,complete,and operational. S-b Standard Spe6f=tims for Improvements All exterior lighting of private property in new developments shall be designed, located, and mounted at heights no greater than twenty(20')feet above grade for non-cutoff lights,and forty-(40') feet above grade for cutoff lights. The lighting plan, photometrics, and shop drawings for lighting equipment shall be submitted prior to issuance of a building permit. Glare shall be minimized to the extent practical by orienting lights away from the public right-of-way and abutting properties, or by planting vegetation to provide screening. Exterior lighting shall be designed, located, and mounted so that the maximum illumination measured horizontally at the lot line does not exceed one(1') foot-candle. Light Distribution: Luminaries of the Type II distribution as approved by the Illuminating Engineering Society (herein termed IES) shall be used, except at intersections where Type II or Type IV IES distribution shall be used. The City Engineer may designate the IES Type V distribution h mi*±ar es be used in the public interest under unusual or special conditions. Individual Control: On individual control of lights,the photoelectric control shall be mounted on top of the luminare. Line Drop: Voltage drop shall be no greater than three (3 0/c.) percent from power supply to the last pole, with no wire size smaller than No. Six (6) Type RHIH or RHW Underground Service Cable (USC). All streetlights shall operate at I20 volts,except for those on major streets. Power Supply Location: Connection to the power supply shall be made to comply with Commonwealth Edison Company rules and regulations,as amended fro time to tame. Conduit: All driveways, street, and sidewalk crossovers shall have two (2") inches of HD PVC conduit, used as raceways for underground cable. Underground Cable: All underground cable shall be direct buried cable,placed at a depth at least thirty- (30") inches below the normal finished grade. Three cables (Black, White, Green) shall be run from the pole to the power supply. Any underground cable broken more than once prior to Final Acceptance shall be replaced from the power source to the pole or from pole to pole. S Ip ices: All cable on the underground cable section shall be continuous, and no splicing shalll be made underground. All necessary splices shall be made above ground level. Underground Cable Location: Underground cable shall be installed in a trench not less than two feet from the back of the curb, except that in no case shall the underground cable be installed under the sidewalk. Grounding: A copper-clad ground rod shall be placed at each pole. The rod shall be mirfmum 5l8-inch diameter,and ten(10') feet long. Fusing: All underground feeders shall be fused at or below their rated capacity. Each standard shall contain in-line fuse holders, with proper fusing in series with each underground conductor to protect the luminare located on that pole. Maintenance Prior to Acce tance: Once streetlights are operational, the Yorkville Public Works Department shall perform normal maintenance, even though the Yorkville City Council has not accepted the streetlight system. Normal maintenance consists of investigating the cause of an outage, and repairing it if the cause is a burned out lamp, fuse, or photocell. All other repairs shall be referred to the developer. The cost of performing normal maintenance prior to acceptance by the Yorkville City Council shall be paid from a"Streetlight Normal Maintenance' deposit established by the developer prior to recording the Final Plat The deposit shall be$300.00 per pole, or other such amount, as may be determined by the Yorkville City Council, from time to time. If the deposit proves insufficient,the developer shall replenish the deposit within thirty- (30) days of written request by the City Engineer. The Yorkville City Council shall return any unused funds to the developer upon acceptance of the streetlight system- S-7 Standard Specifications for Improvements Streetlight Standard and Bracket: Local streets shall use 906 B 19-AD4, American Concrete Company pole and bracket, or approved equal. Luminare shall be mounted 19'9" above the street, shall have a four- (4')foot arm. The pole shall be buried a minimum of five(5')feet below grade and backfilled with crushed CA6 limestone, watered, and compacted around the butt of the pole. The bracket is to be furnished with the pole. The luminare shall be a General Electric Company No.M2RR15S1N2AMS3F, or approved equal with the 1-114"side mount built-in ballast. The luminaries shall be fitted with General Electric Company"Lucalox" high-pressure sodium lamps LU 150/551D, or approved equal, with GE Company ANSI specification "S55" high-pressure sodium ballasts (or approved equal) or American Electric 115 15-S-RN-120-R2-DA- 4B. Maior Collector Streets: The lighting pole shall be Stress Crete E340-BPO-G, with Style 210 low rise tapered aluminum davit, or approved equals. The davit outreach length shall be eight (8') feet The Iuminare shall be mounted thirty- (30') feet above the street. The pole shall have an embedment depth of five(5')feet, and be backfilled with CA 6 limestone. The streetlight system shall be operated through controller(s) in ground-mounted cabinets. The controller and luminare shall operate at 240 volts. The controller shall be housed in a pad-mounted Type NEMA 3R enclosure. The exterior of the cabinet shall have a bronze tone powder-coat finish. The approximate dimensions of the cabinet shall be 42"H x 36"W x 12"D. A Com Ed meter socket shall be provided on the exterior of the cabinet. The manufacturer or distributor shall guarantee streetlight standards, luminaries,ballast, lamps, and cables for their proper use,for one year,from the date of acceptance. Testing: The subdivider shall manually trigger the photocell in order to have each street light bum continuously for at least 48 hours. During this burn test, amperage readings shall be taken, and must be within ten(10%)percent of the connected load,based on equipment ratings. Parking Lot Lighting: Parking lots in areas zoned Business, Residential, or Office-Research, shall be provided with Iighting necessary to achieve a minimum average of 2.0 foot-candles,as measured across the entire parking lot, and a maximum of 1.0 foot-candles,as measured at the adjoining property lines. Parking lots in areas zoned Manufacturing shall have a minimum average lighting intensity of one foot-candles,per square foot. Lighting shall be designed to avoid casting direct light or glare onto adjacent residential property. STORM SEWER SYSTEM A complete storm sewer system shall be required,consisting of closed conduits to an approved storm water storage system. All storm sewers within the public right-of-way and easements parallel to and adjacent to public right-of-way shall be reinforced concrete pipe (RCP), with a twelve (12") inch minimum diameter. Storm sewers in rear yards and side yards may be high-density polyethylene(H.D.P.E.) of a manufacturer and design, to be approved by the City of Yorkville. All roadways will have a system of inlets/catch basins,tied directly to the storm sewer. These storm water collection locations will be on both sides of the street, with a maximum longitudinal flow interval of 300 feet. All such collection points will be an inlet except the last structure before entering a storm sewer main shall be a catch basin with a two-foot sump. Catch basins or open-lid structures shall not be located over the sewer main. All backfill is to be a CA7 aggregate. All storm sewer roadway crossings from structure to structure must be backfilled with CA7 aggregate and completely encapsulated in an approved drainage fabric. In this manner,the curb subgrade, the storm crossings, and the inlets and catch basins create a roadway underdrain system for longer roadway life. The City may require that storm sewers be constructed along the centerline of individual roadways at certain locations. Those locations shall normally be limited to within 100 feet of the lowest sag vertical curve of a roadway. Where these locations occur within a horizontal curve of the roadway, storm manholes shall be placed at the centerline of individual roadways. S-8 Standard Specifications for Improvements If subgrade conditions are excessively sensitive to moisture or other special conditions, a capped, perforated, plastic underdrain may be required under the curb and gutter. All storm water conduits 12" diameter and larger shall be internally televised in color just prior to City acceptance, and shall be free of defects, sags, dirt, and debris. All non-RCP storm sewers shall also be mandrel tested(similar to sanitary sewer testing)just prior to City acceptance.All parking lots shall be drained internally,and directed by pipe to the storm sewer. Storm sewers shall extend to the limits of the development with proper sizing, as approved by the City Engineer,based upon current and future runoff conditions,to pick up and safely carry through the development any and all upstream bypass flows. All new homes with basements or crawl spaces shall have a direct,underground conduit to the storm sewer system. Fill-in lots in areas with no storm sewer within 500 feet shall not be required to have this direct connection. Minimum depth of cover for these lines shall be 30 inches. All discharges shall have an approved automatic diverter calve immediately outside the house and a check valve inside the house. Multiple collection lines of four inch and six inch HD PVC will be allowed by an approved design. Terminal and junction points shall be at two-foot diameter precast concrete inlets with open-lid castings. The pipe from the house shall be a 2" minimum HD PVC with cemented joints. The connection to the storm sewer shall be through a neat, tight fitting,bored hole into the concrete pipe. After insertion of the sump pump discharge pipe into the concrete storm sewer pipe, the joint shall be sealed with hydraulic cement In no case shall the sump pump discharge pipe extend beyond the inner surface of the concrete storm sewer pipe. Connections,however,shall be into a structure wherever practical. Individual storm sewer services shall not be required in areas of the development where soil and ground water conditions indicate that sump pumps would run very infrequently. If the developer does not wish to install storm sewer services, he shall perform soil borings at regular intervals (300' to 400' grid typical) during the Final Plan preparation stage, to determine soil types and ground water elevations. Boring locations are subject to approval by the City. Each boring shall extend at least 20 feet below existing ground elevations and be referenced to the development benchmarks. If the boring logs show granular soil and also show ground water elevations at least five(5') feet below planned basement floor elevations, then individual storm sewer services shall not be required in that area of the development During excavation of every basement in that area, the developer shall verify(with.City representative present) that the granular soil and deep ground water conditions exist If either condition is found not to exist at a building location, the developer shall construct a storm sewer service to that building, in conformance with these Standard Specifications. The design of the storm water collection system shall be for a ten(10) year storm, running lust full. The only exception to this is where the receiving storm water system has less capacity and here the new system of conduits shall be designed for a five(5)year event,running just full. The minimum velocity shall-be 2.5 fps and the maximum shall be 8 fps. The storm sewer pipe shall have a minimum cover of three (3') feet. Stone sewer manholes shall be five(5') feet internal diameter,constructed of reinforced concrete, and shall be placed at a maximum spacing of 500 feet. Storm sewer manholes may be four(4') feet internal diameter when the largest sewer entering/leaving the manhole is 18" diameter, and the orientation of sewers connecting to the manhole is such that there is at least 12" of precast wall between the openings provided for sewers. The use of adjusting rings is limited in height to eight (8") inches. Inlet and/or catch basin frames and grates shall be Neenah No. 3015,East Jordan No. 7010,or approved equal. Whenever possible, castings for curb drains shall have a fish logo to discourage dumping of oils, pesticides, 'and other inappropriate items into the storm sewer system. Where a continuous grade is carried across an inlet or catch basin casting, the open-vaned cover shall be used,Neenah No.R-32868V,East Jordan No.EV-7520,or approved equal. All manhole castings shall be Neenah No. R-1030, East Jordan No. 105123, and Type B cover, or approved equal. All type B covers shall have"City of Yorkville" and "Storm" cast into the top, and shall be concealed pickhole type. All sections of the manholes shall be completely sealed and butyl rope, including the casting. Manholes shall no be allowed in the pavement, curb, gutter, or sidewalk All flared end sections 15" or larger shall have grates. S-9 Standard Specifications for lmprovemmts In Estate residential developments, a ditch shall be required on both sides of the street, and shall have a minimum profile slope of one(1%)percent(side slope 4:1 on the street side,and 3:1 on the lot side). For developments ten acres in size or larger,the developer may use computer-based methods to determine stormwater storage volumes. The specific method and parameters used in employing the method shall be subject to the approval of the City Engineer. For developments less than ten acres in size, the storm water storage system shall be designed utilizing a Modified Rational Method,as described below: 1. Q = (Cm) iA, where a run-off co-efficient or Ca is calculated for the site based upon actual proposed surface coverage. Cm then.equals 1.25 times Ca_ 2. The following run-off co-efficient shall be utilized as minimums: Surface C Grass .50 Asphalt/Concrete .98 Roof 1.00 Detention 1.00 3. The maximum release at the designated 100-year level is 0.15 cfs/acre. The City Engineer shall reduce this allowable release rate where the downstream accepting system is experiencing drainage problems such as the Elizabeth Street swale where all receiving discharges are limited to 0.10 cfs/acre. The outlet structure design shall address the two-year (0.04 cfs/acre) and the 25-year(0.08 cfs/acre) storm control,in addition to the 100-year event 4. When depressional compensatory storage is provided by increasing the volume of a stormwater detention basin, the maximum allowable release rates of the basin shall be reduced, as directed by the City of Yorkville to approximate the pre-development release of the depressional area,and realize the full storage potential of the enlarged basin. 5. The minimum size restrictor shall be a four-inch by twelve-inch long 14D PVC pipe. The design must be designed for easy maintenance and cleaning during a storm event The discharge shall be directly to a downstream storm sewer if one is available within a reasonable distance. If not, the discharge will be to the surface, with approved energy dissipation and downstream erosion protection. 6. The rainfall intensities to be utilized are those established by the Illinois State Water Survey's Bulletin#70, as amended for the specific City of Yorkville area. In designating the required storm water storage volumes,the maximum value calculated using the various events should be utilized- See Figure 3 for a sample calculation. 7. The storm water storage areas must have containment for twelve inches of additional storm water storage, with an approved calculated overflow area at six inches above calculated 100- year elevation. This overflow shall have an erosion concrete curtain wall, with a minimum thickness of 8 inches, a minimum depth of three feet below grade, and a length to extend a minimum of four feet beyond the limits of the overflow on either end. This wall is not to be formed,but is to be trenched or excavated into natural soil, or into the compacted fill, and is to be finished flush to the ground_ 8. Storm water storage areas shall be covered by an easement,including access thereto,such that should the owner not maintain said area as necessary,the City can cause such corrections and bill the owner,including any and all administrative costs. S-10 Standard Specifications for Improvements 4. The engineering plans shall have a full sheet dedicated to the soil erosion and sedimentation control requirements for the development,including silt fencing,straw bales, drainage fabric, etc. Failure to properly maintain this system may result in major storm sewer cleaning within the site and in the offset storm system. The City reserves the right to place a hold on all building permits and inspections if the soil erosion and sedimentation control plan is not properly maintained. Keeping the streets clean is part of this plan, and failure to do so will result in these actions.The developer shall establish a Street Cleaning deposit with the City of Yorkville, in the amount of$5000.00. if the streets are not cleaned within 48 hours of a written request by the Director of Public Works, the City shall have the streets cleaned, and subtract that cost from the deposit The developer shall replenish the deposit to the full amount if it falls to less than $1000.00. The Yorkville City Council shall return any unused portion of the deposit to the developer upon acceptance of the streets. 10. The developer shall establish basins onsite where concrete ready-mix trucks must wash out after delivering their load. Signs shall be posted at each entrance to the development to warn truck drivers of the requirement to wash out at specific sites, and notify them of the fine for non-compliance (up to $100.00 for each offense). Each entrance sign shall include a simplified map of the development; to show the locations of the washout basins in the development A sign shall also be posted at each washout basin, to identify the site. The developer shall maintain all signs,basins, and appurtenances in good condition until the City accepts the public improvements. Washout basins shall be located outside of the public right-of-way,parks,and all public utility easements. They shall be located in relatively low-traffic areas,and be at least fifty-(50')feet from storm drains, open drainage facilities, and watercourses,unless approved otherwise by the City Engineer. Basins shall have a minimum twelve (12") inch thick CA-3 aggregate approach of sufficient width over a woven geotextile fabric, to reduce tracking of mud onto roadways. The washout area shall be contained by an earthen berm, and be at least ten (10') wide by ten(10')long. The maximum depth of a washout basin shall be three feet When the volume of a washout basin is 75%full,the developer shall remove the hardened concrete and transport it to a legal landfill. Burying waste concrete onsite-shall not be permitted.. The developer shall incorporate the items necessary to comply with this requirement, as well as provisions for maintenance,onto the erosion and sediment control plan sheet All signage, washout basins,and appurtenances shall be in place before the first building permit is issued. 11. The engineering plans shall have one or more full sheets dedicated to the Final Grading of the entire site. The minimum grade for all grass areas shall be two (2%) percent, except that swale areas may be at one (1 9/6) percent if it is over an approved, piped underdrain. Slopes shall be shown with arrows at all locations from all break points. A grading plan on an 8-1/2" x 11"paper for the actual building must be submitted for each building permit submitted,and will become a part of the building permit All top of foundation elevations will be a minimum of two (2') feet, and a maximum of three (3') feet above the street centerline elevation, measured at the center of the lot in question,unless the City Engineer directs otherwise,based on site-specific conditions. Drives must be at a minimum slope of two (2 0/6) percent, and maximum slope of eight(8%)percent towards the curb flow line from the garage. When the forms for the foundation are ready to pour, a top of foundation elevation and location certification of a registered surveyor or engineer, as approved by the building inspector, is required prior to pouring the concrete into the forms. The tolerance here is 0.15 feet lower and 0.5 feet higher,and behind all applicable setback and easement lines. S-11 Standard Specifications for Improvements 12. Requests for an occupancy permit must include an as-built grading plan, signed and sealed by a registered land surveyor, showing the original, approved grades and slopes, along with the actual grades,just prior to the occupancy permit request The actual grades must fall within a tolerance of 0.15 feet in order to receive an occupancy permit Top soiling and seeding or sodding,if applicable,must be in place prior to the final grading plan. All City-incurred costs of reviewing these grading plans shall be the responsibility of the developer. Note that specific building codes, ordinances, and permitting procedures, which may be established by the United City of Yorkville,shall supersede these requirements. 13. General grading and landscaping of the storm water areas shall be designated according to the Park Development Standards, Landscape Ordinance, and these Standard Specifications. The City may require that storm water detention and retention facilities, as well as grading, landscaping, and stormwater collection systems, incorporate currently acknowledged Best Management Practices to improve storm water quality. These may include, but are not limited to, naturalized detention basins, bio-swales, low impact design standards, perforated storm sewer, designs that reduce the degree of connected impervious areas, designs that encourage infiltration of stormwater,etc. Wet ponds shall have a maximum allowable depth of two feet between the normal water level and the high water level corresponding to the Ten-Year Frequency Storm. The City may require wetland-type plantings and appropriate grading around the perimeter of wet ponds. The developer shall provide a soil report, prepared by a licensed professional engineer, to determine whether or not lake lining will be required. Vertical or nearly vertical edge treatment will require an approved method,allowing a child to easily climb out of the water. Storm sewers discharging to a stormwater basin shall be designed such that the sewer invert at the discharge point is no lower than 6"below the normal water level.of the basin,and the top of sewer is no lower than the ten-year high water level of the basin. 14. Storm water storage basins shall operate independently of any watercourse or water body receiving the discharge from the basins. Bypass flows from upstream areas should bypass the storm water storage facility, where practical.-'The entire development shall be examined under the premise that all storm sewers are blocked and full when a 100-year event occurs, and the development can pass these flows without flooding homes. All overflows are to be contained within the right-of-way, or where absolutely necessary, through special drainage easements. All buildings shall have the lowest water entry a minimum of 1$ inches above the elevations determined for this bypass situation. 15. Storm water detention shall not be required under the conditions listed below. The City reserves the right to require detention on any parcel of land if special circumstances exist, and to require that sewer be constructed as necessary,to carry away the storm water. a) Proposed development or re-development of the existing lots zoned single- family detached,or duplex residential,less than 2.5 acres in gross area. b) Proposed development or re-development of existing lots zoned other than single-family detached or duplex residential, that are less than 1.25 acres in gross area. 5-12 standard Specifications fox Improvements WATER SYSTEM 1. All water mains shall be Class 52 ductile iron pipe, conforming to the latest specification requirements of ANSI A21.S.1. Mains shall be cement lined, in accordance with. ANSI A21.4. Fittings shall conform to ANSI 21.10_ Gate valves shall be resilient wedge type, conforming to the latest revised requirements of AWWA specification C509. All water mains are to be polyethylene wrapped. Main line valves 10" diameter and larger are to be installed in a vault Smaller main-line valves shall either be installed in a vault, or have a Trench Adapter valve box,similar to those used at fire hydrants. No vaults or valve boxes shall be in the pavement or sidewalk. 2. Water services up to 3" diameter shall be iype "K" copper, conforming to the latest revised specification requirement of ASTM B88. Minimum size for residential units shall be one inch in diameter. Corporation stops shall be McDonald No. 4701, Mueller H-15000, or Ford F- 600. Curb stops shall be McDonald No. 6104, Mueller H-15154, or Ford B22-333m, with Minneapolis patter B-boxes,similar to McDonald N.5614 or Mueller H-10300. 3. Minneapolis type B boxes shall be installed in the right-of-way, but not in the sidewalk or driveway. 4. Fire hydrants shall be one of the following: 1. Clow F-2545 (Medallion) 2. Mueller A423 Super Centurion 3. Waterous WB-67-250 Hydrants shall have a 5-114"main valve assembly,one 4-112"pumper nozzle, and two 2-112" hose nozzles, with national standard threads, a national standard operating nut, and above ground break flange. The installation of the hydrant shall conform to AWWA 600 standards. Auxiliary valve boxes shall either be Trench Adapter Model Six by American Flow Control, Clow F-2546 with F-2493 cover, or approved equal. For valve boxes other than those by American Flow Control, the box shall be attached to the hydrant barrel with grip arms, as manufactured by BLR Enterprises,or approved equal 5. Inspections and Installation: All water mains shall be designed and installed in accordance with the Standard Specifications for Water Mains in Illinois. Upon completion, water mains shall be subjected to hydrostatic pressure test of 150-psi average for up to 4 hours. Allowable recovery shall conform to the Standard Specifications for Water& Sewer Main Construction in Illinois. The water operator in charge or person authorized by the water operator in charge shall be present during all testing. The developer shall use the pressure gauge supplied by the City for the test 6. New water main shall be disinfected in accordance with AWWA standard C601. Water will be tested to assure that 50 mg/1 of CL2 is in disinfected water. Sampling shall be taken by water operator in charge or persons authorized by the water in charge. Water must pass two consecutive days of sampling tests by a state approved lab. 7. Water mains shall be minimum eight inches internal diameter, with a cover of five feet, six inches below finished grade. Watermain stubs to hydrants shall be at least six inches internal diameter. City water mains and hydrants shall be placed of the North and West sides of the streets, unless approved otherwise the City Engineer. Valves shall be installed each second consecutive hydrant, at intersecting lines, and other locations as required, such that a minimum number of services will be affected during a main isolation. S-13 Standard Sp=ificabons for lmpmvemmts Fire hydrants shall be installed throughout the subdivision at each intersection and at intervals not exceeding the requirements of two fire hydrants serving any point of any building, or 300 feet along the roadway, whichever is more stringent. Special conditions may dictate a closer spacing, as approved. Fire hydrants shall be located on the property line, except at corners, and shall be set two feet minimum and three feet maximum from the curb back to the face of the pumper nozzle. Where there is no curb and gutter,the face of the pumper nozzle shall be between 19 inches to 20 inches above finished grade line(sidewalk to curb). Base elbow of hydrant shall. be properly thrust blocked, and shall be provided with clean, washed CA7 aggregate and polyethylene covering. All hydrants and any adjustment fittings shall receive one field coat of red paint: as recommended by the manufacturer, prior to final acceptance. 8. All tees,bends, fire hydrants, and valves shall be adequately blocked with pre-cast blocks and poured in place thrust blocking against undisturbed earth. 9. Services shall be equipped with corporation stop,curb stop, and buffalo box. The buffalo box shall be set in the parkway, on the centerline of the property,approximately centered between the back of sidewalk and the adjacent right-of-way line. Service trenches beneath or within two feet of proposed driveways, sidewalks, or other pavements shall be backfilled full-depth with aggregate. Except as permitted below, the underground water service pipe and the building drain,or building sewer,shall be not less than ten feet apart horizontally,and shall be separated by undisturbed or compacted earth. The water service pipe may be placed in the same trench with the building drain and building sewer if the conditions listed below are met: A. Local conditions prevent a lateral separation of ten feet; B. The bottom of the water service pipe at all points shall be at least 18 inches above the top of the sewer line at its highest point All water and sewer services must be inspected an approved by the building inspector prior to backfilling. C. The water service pipe shall be placed on a solid shelly excavated at one side of the common trench, and shall have no joints from the buffalo box to the water meter inside the house; and D. The material and joints of sewer and water service pipe shall be installed in such a manner, and shall posses the necessary strength and durability to prevent the escape of solids, liquids, and gasses there from under all known adverse conditions, such as corrosion, strains due to temperature changes, settlement, vibrations,and superimposed loads. 10. Depth of bury shall be 5'6" below finish grade. No joints will be allowed between the corporation stop and the curb stop. 11. All wtermain shall be looped and double fed, and shall be extended to the far limits of the development, and in size appropriate for future development, as directed by the City Engineer. Recapture and over-sizing may be applicable. 12. The developer shall reimburse the City of Yorkville for the cost of water to fill and test new watermains,and also for the cost of laboratory tests after chlorination. The water cost shall be at the bulls rate charged by the City of Yorkville at that time. The volume of water shall be calculated as the volume of two and one-half times the lengths and diameters of new watermains. 13. Watermain proposed to cross existing city streets shall be constructed by directional boring. Open-cut construction shall not be allowed without consent from the Public Works Director. 14. Connections to existing watermains shall employ line stops to minimize the disruption of service to existing residents. S-14 Standard Specifications for Improvements SANITARY SEWER SYSTEM A complete sanitary sewer system is required for all new development The minimum internal size of sanitary sewer main shall be eight inches in diameter. The top of the sewer main shall be a minimum of three feet lower than the lowest floor elevation at all service connection locations,but not less than eight feet below finished grade, wherever possible. Should the sewers serving a particular development not be deep enough to serve the basement, as noted above, then overhead plumbing will be required However, all levels of the building must be served by gravity, with only the below-grade levels being served by a pump unit The City Engineer may require that certain buildings not have subgrade levels due to special situations. The sanitary sewer shall be extended to the development's far extremes, as directed by the City Engineer, for proper and orderly growth. The city Engineer will also direct the sizing and grades for the sewer,so as to fit the overall plan for the City. The City strongly discourages the use of lift stations, but if the City Engineer approves the use of a public lift station, the following shall be required as a minimum.: A. The pumps shall be submersible,with a back up pump and well-designed wet well. B. The station building shall be a brick structure with conventional-pitched roofing and paved access. The building shall comply with all International Building Code regulations, and shall be heated and ventilated. The subdivider shall follow normal building permit procedures,and pay the normal fees for construction of the lift station building. C. The unit will be equipped*ith a back-up power source,utilizing natural gas as a fuel,and can operate on manual or fully automatic mode,complete with a variable exercise mode. D. The motor control center shall have a solid-state duplex logic. Sewage level in the wet well shall be measured with a pressure transducer. A dial-out alarm system matching that currently in use in the City shall be provided. E. The City Engineer must approve any and all lift stations, and may require other improvements. F. There shall be good-quality noise control, and all electronic components shall be explosion- proof G. Force mains shall be sized to carry the initial, intermediate, and ultimate flow rates from the tributary area, at a velocity of between 3.0 and 6.0 feet per second. Material shall be watermain quality Ductile Iron with polyethylene encasement Gate valves in vaults shall be constructed in the force main at intervals not exceeding 600 feet, to allow quick isolation in the event of a leak Blow-off valves in vaults shall be constructed at high points in the force main, and shall discharge to sanitary sewers, where possible. Force mains shall be tested at 150-psi for two hours,similar to watermain testing. H. The sub-divider shall maintain an inventory of each size and type fuse, relay, and other plug- in type devices used in the lift station motor control center, as recommended by the manufacturer. These items shall be housed in a wall mounted metal cabinet The subdivider shall also supply a heavy-duty free standing metal shelf with not less than square feet of shelf space,and one(1) fire extinguisher rated for Type A,B,and C fires. I. The sub-divider shall provide start-up training to the Public Works Department personnel,and shall provide three sets of Operations and Maintenance Manuals for all equipment at the lift station. 1. Underground conduit shall be heavy-wall PVC. 5-15 Standard Specifications for Improvements K. The exterior of the wet well shall be waterproofed. The City may require the wet well to have a minimum internal diameter of up to eight feet Sewer construction cannot start until the Illinois Environmental Pollution Agency (IEPA) has notified the City Engineer that approvals have been secured. Sanitary sewer pipe shall be PVC plastic pipe,with a minimum SDR 26. All pipe and fittings shall be pressure rated in accordance with ASTM D-2241 and ASTM D-3139 (per AWWA C-900) for sizes 6-15 inches. Solvent joints are not permitted All public sanitary sewers will be air and mandrel tested(7-point minimum) by the developer, at his expense, under the supervision of the City Engineer. One copy of the report shall be forwarded to the Yorkville-Bristol Sanitary District, and one report shall be forwarded to the City Engineer. All testing will be done in conformance with the "Standard Specifications For Water and Sewer Main Construction in Illinois",current edition. All public sanitary sewers shall be internally televised in color and recorded on videotape and written log by the developer,at his expense;under the supervision of the-City Engineer,to ensure that the sewers are straight,unbroken,tight,and flawless. There must be good-quality lighting for a sharp and clear image of all sewer segments. Poor quality images will result in re-televising the system, at the developer's expense. The videotape must clearly mark the segment being televised through manhole numbering, and the image must clearly identify the footage as it progresses through the pipe. One copy of the complete videotapes and written log shall be forwarded to the Yorkville-Bristol Sanitary District,and one complete set shall be forwarded to the City Engineer. All manholes will be required to be internally vacuum tested by the developer, at his expense, under the supervision of the Engineer. This test will check the integrity of the complete structure, from the invert to the casting, including all adjusting rings. One copy of the test results shall be forwarded to the Yorkville-Bristol Sanitary District, and one copy shall be forwarded to the City Engineer. Vacuum testing of each manhole shall be carried out immediately after assembly backfilling,and rough grading, and shall be witnessed and approved by the City Engineer. All lift holes shall be plugged with an approved non-shrinking grout No grout will be placed in the horizontal joints before testing. All pipes entering the manhole shall be plugged, taking care to securely brace the plugs from being drawn into the manhole. The test head shall be placed at the inside of the top of the casting and the seal inflated in accordance with the manufacturer's recommendations. A vacuum of ten inches of mercury shall be drawn and the vacuum pump shut off. With the valve closed,the time shall be measured for the vacuum to drop to nine inches. The manhole shall pass if the time is greater.than 60 seconds for a 48-inch diameter, manhole, 75 seconds for a 60-inch manhole, and 90 seconds for a 72-inch manhole. All manhole castings shall be Neenah No.R-1030 frame,East Jordan No. 105123,and Type B cover,or approved equal. If the manhole fails the initial test, necessary repairs shall be made with a non-sbzink grout,while the vacuum is still being drawn. Retesting shall proceed until a satisfactory test result is obtained. If the rim of a sanitary manhole needs to be reset or adjusted after successful vacuum testing,but before the expiration oft eh one-year warranty period, it shall be sealed and adjusted properly in the presence of the City Engineer. Failure to do so will require the manhole to be vacuum tested again. All manhole frames shall be Neenah No. R-1030, East Jordan No., 105123, or approved equal, with Type B covers. All Type B covers shall have"City of Yorkville"and"Sanitary"cast into the lid, and shall have concealed pick holes with a machined surface and watertight rubber gasket seals. All manhole segments, including the frame and adjusting rings,shall be set with butyl rope joint sealant Manholes shall be minimum four-foot diameter, and shall not be located in pavement,curb,gutter,or sidewalk 5-16 Standard Speeiticadons for Impevvemmts All sanitary sewer manholes shall be provided with approved cast in place rubber boots (flexible manhole sleeve), having a nominal wall thickness of 3116" with a ribbed concrete configuration and with stainless steel binding straps,properly sized and installed for all conduits. All manholes shall be reinforced precast concrete, and shall be located at intersections and spaced at a maximum interval of 300 feet, except that a closer spacing may be required for special conditions. The maximum allowable amount of adjusting rings shall be eight inches in height using as few rings as possible. All manholes shall be marked at the time of construction with a four-inch:by four-inch hardwood post neatly installed vertically and with a minimum three-feet bury and a minimum four-foot exposed. The top one-foot of the post shall be neatly painted white. Wells and septic systems are allowed in Estate-residential developments that are not within 250 feet of water and/or sewer service. When each lot is within 250 feet of water and/or service,that lot may maintain their septic and/or well only until failure of the septic or well. At that time the lot must,if within 250 feet of the sewer and/or water line hook-up to the sewer and/or water,as the case may be, connect to the City utilities at the lot owner's sole expense. After connection to the City Sanitary Sewer System,individual septic fields shall be abandoned by pumping out the tank, knocking in the cover, and filling with dirt or stone in accordance with Health Department regulations. TRAFFIC STUDY A traffic study may be required,and shall include: 1. Levels of service for existing conditions; 2. Levels of service for post-construction conditions; 3. All calculations shall be conducted according to the"Highway Capacity Manual"; 4. Recommendations as to additionalllimited access,additional lanes,signalization,etc. If the City of Yorkville requires a traffic study for a development,that study will be contracted for by the City, and paid for by the developer. The developer shall establish a Traffic Study deposit with the City of Yorkville, in an amount to be determined by the City Engineer. The City shall return any unused portion of the deposit to the developer upon approval of a Final Plat or Site Plan. If the land use plan of the development changes during the approval process,the developer may be required to make additional deposits to fund re-analysis and revisions to the Traffic Study. The need or requirement for a traffic impact study shall be determined during the concept or preliminary planning stage of the proposed development The developer/subdivider shall meet with City of Yorkville officials during one of these stages for the purpose of determining the traffic study requirements. Wlien the City of Yorkville requires that a traffic study be prepared based upon the above, the study shall include, but not be limited to, addressing the following issues: INTRODUCTION: A general description of the proposed development, including it's size, location,the political jurisdiction in which the site is located,the boundary limits of the study area, and any other information needed to aide in the review of the development's traffic impacts. PROJECT DESCRIPTION: A description of the existing and proposed land uses of the development If alternative land uses are being proposed,the highest trip generation uses shall be assigned for each land use. SITE ACCESSMILITY: A clear and concise description of the proposed ingress/egress points to the proposed development,including a sight distance analysis. 5-17 standard Specifications for Improvements EXISTING EXTERNAL ROADWAY NETWORK: A description of the existing external roadway networking the vicinity of the proposed development,to include functional classification, primary traffic control devices, signalized intersections, roadway configurations, geometric features (curves and grades), lane usage, parking regulations, street lighting, driveways servicing sites across from or adjacent to the site, and right-of-way data The area of influence shall be determined by the traffic generated from the site, the trip distribution of traffic, and the trip assignment of the traffic generated by the development over the surrounding area road network. EXISTING AM PM & TOTAL DAILY TRAFFIC VOLUMES: Existing AM, PM, and total daily traffic volumes for access driveways (if existing),intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s)in the final report To determine AM and PM existing traffic volumes, machine counts and/or manual counts shall be conducted during a three-hour period of the morning, between approximately 6:00 AM to 9:00 AM of an average or typical weekday, and also between approximately 3:00 PM to 6:00 PM, on an average or typical weekday. Peak hour counts may be required on Saturday and/or Sunday, depending on the proposed land use. All AM and PM peak hour counts shall be recorded and summarized in fifteen-minute increments, and be included in the Appendix of the final report Manual counts shall include vehicle classifications, i.e. passenger cars, single-unit, multi-unit trucks and buses. Traffic counts shall show both entering and exiting traffic at the proposed access points (if existing),in addition to turning and through traffic movements at critical intersections_ TRIP GENERATION RATES AND VOLUMES: Trip generation rates and volumes for eaLh type of proposed land use shall be determined for the AM and PM peak hours, and total daily volumes may be required on Saturday and/or Sunday, depending on the proposed land use. The trip generation rates shall be calculated from the latest data available contained in the Institute of Transportation Engineer's "Trip Generation Manual". If trip generation rates for a specific land use are not available from the "Trip Generation Manual", the United City of Yorkville shall approve the substitute rates. SITE-GENERATED TRIP DISTRIBUTION & ASSIGNMENT: The most logically traveled routes in the vicinity of the development shall be used for trip distribution and assignment purposes. The directional distribution of site-generated traffic approaching and departing the development should be shown in both graphic and tabular form. All assumptions used in the determination of distribution and assignment shall be clearly stated. EXISTING PLUS SITE-GENERATED TRAFFIC VOLUMES: Existing, plus site-generated traffic volumes for the AM and PM peak hours, and total daily traffic for access drives, intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphics) in the final report. Traffic volumes shall show both entering and exiting traffic at the proposed access points, in addition to turning and through traffic movements at critical intersections. FUTURE TRAFFIC MKSTING PLUS SITE-GENERATED VOLUMES: Future traffic (existing,plus site-generated traffic volumes) for the AM and PM peak hours, and the total daily traffic for access drives,intersections,and roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. Projected increases in the external (non site' related)roadway traffic must also be determined. The selection of a horizon year for which traffic operation conditions are to be characterized may be considered as the date full build-out and occupancy is achieved. If the project is a large multi-phased development in which several stages of development activity are planned, a number of horizon years may be required, that correspond to the bringing on line of major development phases. Horizon dates should be times to coincide with major stages of the overall project, or to coincide with increments of area transportation system improvements. S-18 Standard Specifications for Impmvements INTERSECTION CAPACITY ANALYSIS: Proposed access driveways and influenced intersections shall be subject to an existing, plus projected, capacity analysis. Projected traffic conditions shall include the effects of any committed developments within the influenced area The existing and projected levels of service derived from the analysis shall be used to aid in the evaluation of design and operation alternatives of the access driveways and influenced intersections. The capacity analysis shall be in accordance with the techniques descnW in the most recent edition of the Transportation Research Board's "Highway Capacity Manual", Special Report 209. SIGNALIZATION WARRANTS: If it is anticipated that the development's driveway(s) or existing external non-signalized intersections will satisfy signalization warrants,a warrant analysis shall be conducted,using the projected volumes determined from the trip generation. The results of such an analysis shall be tabulated in the traffic impact study. CONCLUSIONS AND RECOMIyIENDATIONS: Clear and concise descriptions of the findings shall be presented in the final report_ These findings shall include all recommended improvements for access facilities, internal roadways and intersections, and external roadway and intersection improvements. 5-19 Si-mdard Specifications for improvements DRIVEWAY AND PARKING LOT PAVING ALL DRIVEWAYS AND PARKING LOTS SHALL BE PAVED AS PER THE FOLLOWING SPECIFICATIONS: 1. ASPHALT: A. RESIDENTIAL Two-inch I-11 bituminous concrete surface, over eight-inches (minimum) of compacted CA6 limestone or crushed graveL B. COMNIERCLALgNDUSTRIAL Three-inch I-11 bituminous concrete surface, over ten-inches (minimum) of compacted CA6 limestone or crushed gravel. 2. CONCRETE: A- RESIDENTIAL Six-inch Class X, over six-inches (minimum) of compacted CA6 limestone or crushed gravel. B. COMAKERCIALANDUSTRLAL Eight-inch Class X, over eight-inches of compacted CA6 limestone or crushed gravel. 3. PAVING BRICK: A. RESIDENTIAL Paving brick over one inch of sand and eight inches of compacted CA6 limestone or crushed gravel. 4. SEALCOAT: A. CONITERCIALJINDUSTRIA.L An A3 seal coat, as defined by the IDOT's Standard Specifications for Road and Bridge Construction, may be allowed on areas behind the building, when used as a temporary surface, not to exceed three years, after which it must be paved to the above specifications. The same base should be ten inches (minimum) of compacted CA6 limestone or crushed gravel. S-20 Standard Specifications for Improvements This Resolution shall be in full force and effect form and after its due passage, approval,and publication,as provided by law. Passed and approved by the Mayor of the United City of Yorkville,Kendall County,Illinois, This day ,200` . ayor Passed and approved by the City Council of the United City of Yorkville, Kendall County, Illinois, This Q- day f ,200` . ATTEST City Clerk SEAL RICHARD STICKA WANDA OHARE VALERIE BURD LARRY KOT MARTY MUNNS PAUL JAMES JOE BESCO ROSE SPEARS S-21 FIGURE 2 x= algebraic difference in rules of= grade. Where x is less than 3, then 3 shall be substituted for the actual value. ** See definitions. *** The maximum length of a cul-de-sac shall be measured along its center line, between the center line of an intersection through street and the maximum extent of the turn-around right-of-way. Minor Collector streets shall not have intersecting streets or drives any closer than 200 feet apart. Major Collector streets shall not have intersecting streets or drives any closer than 400 feet apart. Minimum Minimum Minimum radius Minimum Tangent Right-of-Way Roadway to Centerline of Length of between Maximum Minimum Clear Sight Street Width Width Horizontal Curves Vertical Curves Reverse Curves Gradient Gradient Distance Expressways 200 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft Local Expressways 100 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft Collector, Major 80-100 ft 51 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft Collector, Minor 70 ft 34 ft 400 ft 30x* 200 ft 5% 0.50% 400 ft Local, Minor for Row houses &A is 66 ft 30 ft 150 ft 15x* 100 ft 8% 0.50% 200 ft Minor, for Single Family Residence 66 ft 30 ft 100 ft 15x* 100 ft 8% 0.50% 200 ft Cut-de-Sac Street*# 66 ft 30 ft 100 ft 15x* 100 ft 6% 0.50% 200 ft Turn-around Diameter 130 ft 100 ft Length Maximum 600 ft*** Business & Industrial Districts 80-100 ft 39 ft 500 ft 30x* 200 ft 5% 0.50% 500 ft x= algebraic difference in rules of= grade. Where x is less than 3, then 3 shall be substituted for the actual value. ** See definitions. *** The maximum length of a cul-de-sac shall be measured along its center line, between the center line of an intersection through street and the maximum extent of the turn-around right-of-way. Minor Collector streets shall not have intersecting streets or drives any closer than 200 feet apart. Major Collector streets shall not have intersecting streets or drives any closer than 400 feet apart. Resolution No. 2009- H0 RESOLUTION MODIFYING A POLICY REGARDING PROCEDURE AND AUTHORITY TO REDUCE LETTERS OF CREDIT AND PERFORMANCE BONDS FOR CONSTRUCTION OF LAND IMPROVEMENTS WHEREAS, the United City of Yorkville requires that land developers provide security for the successful completion of the installation of public and quasi-public (together also known as Iand improvements), including but not limited to streets, curbs, sidewalks, watermains, storm and sanitary sewers, streetlights, detention basins, landscaping, etc.; and, WHEREAS, security to ensure completion of land improvements must be provided either in the form of a Performance Bond or Letter of Credit; and, WHEREAS, from time to time, a land developer will seek reduction in the principal amount of the Letter of Credit or the Performance Bond amount after substantial completion of a portion of the land improvements which are the responsibility of the developer; and, WHEREAS, in order to ensure completion of all improvements to be constructed by the land developer in accordance with applicable code requirements, it is in the best interest of the City to adhere to the security requirements as now in full force and effect and permit the reduction of such security under certain circumstances, all as hereinafter set forth. BE IT HEREBY RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section I. The approval process for reduction of the amount of a Letter of Credit and/or Performance Bond shall be as follows: a. The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. Said written recommendation shall include the amount of the reduction based upon the Engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the Letter of Credit or Performance Bond to the date of reduction. In order to calculate the inflation factor, the Engineering News Record Construction Cost Index shall be used. The City Engineer shall also report the remaining amount of the Letter of Credit and/or Performance Bond after reduction. b. The City Engineer's written recommendation shall be forwarded to the City Administrator for approval. c. Upon the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision. d. In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall have final authority to approve or deny the City Engineer's recommendation. e. A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision. £ The City Administrator or designee shall issue reports, quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize Letter of Credit and/or Performance Bond reduction requests that have been received and actions taken pursuant to those requests. Section 11. Final acceptance/approval of land improvements and corresponding reduction/release of Letters of Credit and/or Performance Bonds for developments whose initial Letter of Credit or Performance Bond amounts is less than $1,000,000 shall also be handled in accordance with the procedures established by this policy. Final acceptance/approval of land improvements and corresponding reduction/release of Letters of Credit and/or Performance Bonds for developments whose initial Letter of Credit or Performance Bond amounts are $1,000,000 or more shall be placed before the City Council for approval. Section III. The retainage used in calculations for Letters of Credit and/or Performance Bond reductions is twenty percent(20%). Section IV. Resolution 2004-15 adopted February 24,2009, is hereby repealed. Section V. This Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. ROBYN SUTCLIFF GEORGE GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS \ ! ROSE SPEARS WALLY WERDERICH `emu APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this c?$ day of SEP fM 6f A.D. 2009. ayor Attest: PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-04 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, is proposing to amend Title 11, Chapter 5 Required Improvements, of the Municipal Subdivision Control Ordinance related to processes and procedures for subdivision securities including amending deadlines for completion of certain public subdivision improvements, developer acknowledgment of the public improvement completion schedule, increasing the contingency amount of subdivision securities and establishing procedures for the reduction and release of subdivision securities. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, August 8, 2012 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk